City of Happy Valley, OR ARTICLE 16.5 PUBLIC FACILITIES

Chapter 16.50 PUBLIC AND PRIVATE TRANSPORTATION FACILITIES AND UTILITIES

§ 16.50.010 Purpose and applicability.

This chapter governs planning and design standards for public and private transportation facilities and utilities. Though encouraged, the standards of this chapter do not apply to projects fully funded by the public or system development charges within the right-of-way.

(Ord. 389 § 1, 2009; Ord. 439 § 1(Exh. B), 2013; Ord. 592, 6/3/2025)

§ 16.50.015 Modifications that will better meet requirements.

The City Engineer shall consider modification of certain site related development standards of this article specified below. These modifications may be approved in conjunction with a Type II, III or IV review process.

A. Applicability.

1. This process shall apply to modifications to Chapter 16.50 not otherwise identified in this chapter.

2. Modifications that are denied may be requested as a variance process pursuant to Chapter 16.71 as applicable.

3. Rather than a modification, applicants may choose to apply for a variance through the variance process pursuant to Chapter 16.71 as applicable.

B. The City Engineer may approve requested modifications if it is determined that the applicant has shown that the physical characteristics of the site or existing structure (e.g., steep slopes, wetlands, other bodies of water, trees or other significant natural features of the site, buildings or other existing development, utility lines and easements, etc.) make compliance with the standard impractical.

(Ord. 592, 6/3/2025)

§ 16.50.020 General public facilities standards.

A. An applicant for development of any property shall be required to improve the public facilities and services which directly serve the subject property per the City's standards, below. The required public improvements shall be paid for directly by the landowner or developer unless otherwise agreed by the City. Failure to provide final installation of required public facility improvements to City Engineering Standards will be cause for the lack of issuance of a final building permit certificate of occupancy based on inspection and approval by the City Engineer.

B. The improvement and/or upgrading of public facilities shall be done in conformance with the design criteria, standard construction specifications and details maintained by the City Engineer, or any other authority with jurisdiction. The City's specifications, standards, and details are hereby incorporated into this code by reference. See Section 16.50.030.A.1.

C. Residential developments resulting in additional dwelling units (but excluding middle housing created through additions to or conversions of an existing single-family detached dwelling), the developer shall be required to dedicate right-of-way and a public utility easement along the development frontage based on the applicable roadway section from the Engineering Design and Standard Details Manual and TSP. Right-of-way dedication shall be to the centerline. Additionally, the developer shall:

1. Design and construct frontage improvements conforming to the City's Engineering Design and Standard Details Manual and TSP along the property frontage based on the total building square footage as set forth in Table 16.50.020-1.

Table 16.50.020-1 Frontage Improvements
Building Square Footage	Frontage Improvements
0-2,499 sq. ft.	50 linear feet
2,500-3,499 sq. ft.	100 linear feet
3,500-4,499 sq. ft.	150 linear feet
4,500+ sq. ft.	Full frontage improvements

2. If not providing adequate connection to sidewalks via the requirements of Table 16.50.020-1, the applicant shall construct sidewalk along the entire frontage(s) of the subject property if there is an existing, planned or approved sidewalk within 200 feet of any property line of the subject property on the same street frontage and adjacent street on a corner lot.

D. In the alternative, if requested by the applicant, the City Engineer or designee may approve:

1. An alternative to the required improvements, based upon information submitted by the applicant showing that the improvements which would otherwise be required by this code would not be roughly proportional to the impact of the proposed development, as determined by the City.

2. Where the applicant submits information showing that existing physical or topographical conditions, or other factors, make the extension of a public facility concurrent with development impractical or unproportional, the applicant may dedicate right-of-way and a public utility easement, and make a cash payment to the City in lieu of construction of the facility ("fee-in-lieu-of"). The amount of the payment shall be equal to 125% of the estimated cost for the design and construction of the facility, or the developer's proportional share thereof, as calculated by the City.

E. A developer may also be held responsible for a "fair share" part of the larger local improvement which is required as a result of the development of which the developer's proposal is a part and the resultant pressures for increased, extended or improved facilities and services. Such "fair share" may be assessed and collected by the appropriate company, agency, organization or governmental unit.

F. The City shall be held harmless in any improvement or upgrading activity carried on by the developer, even though such activity was required or approved by the City. The developer shall sign such an agreement as provided by the City Attorney.

G. New individual subsurface sewage disposal systems may be installed at any time to replace an existing but failing system within an existing lot of record. A new individual subsurface sewage disposal system may be installed on a previously undeveloped lot of record formerly within unincorporated Clackamas County but may not be utilized to serve parcels or lots created by any land division, or to serve any new nonresidential development. However, if public sanitary sewer service is available within 300 feet of any property line of the existing system and capable of serving the site of the failing system or undeveloped lot of record with a regular or gravity hookup, sanitary sewer service shall be utilized rather than a new replacement individual onsite subsurface sewage disposal systems.

(Ord. 389 § 1(Exh. A), 2009; Ord. 398 § 1, 2010; Ord. 439 § 1(Exh. B), 2013; Ord. 567 § 1, 2023)

§ 16.50.030 Transportation standards.

A. All streets and roads and other transportation facilities constructed or reconstructed within the City shall meet the following standards.

1. All streets which are to be constructed must be designed by a professional engineer registered in the State of Oregon, and must conform to the Engineering Design and Standard Details Manual developed by the City of Happy Valley.

2. The standards shall be considered as minimum design requirements under ideal circumstances. All public residential streets in the City shall be designed to one of the typical cross-sections found within the City's Transportation System Plan (TSP), except as provided in subsection B. The typical street cross-section shall be approved by the City Engineer (based on consultation with the City's Traffic Engineer) as part of the review process as provided in this title and shall be based on the following considerations:

a. Street function needed within the existing proposed and future neighborhood and the City circulation networks;

b. Anticipated daily traffic volumes;

c. Individual property access requirements;

d. Topographic variations and the amount of cut and fill required for the proposed street;

e. Soil and other field conditions.

3. New development proposals must demonstrate consistency with all standards in the Transportation System Plan including, but not limited to, street connectivity.

4. For transportation facilities not under City jurisdiction, the applicable jurisdiction's permitting standards may apply.

B. Street and Road Standards.

1. Horizontal and vertical street alignment shall be designed in accordance with the City's Engineering Design and Standard Details Manual.

2. Street Design Variations. Alternate design variations from the standards found within the Engineering Design and Standard Details Manual and Transportation System Plan (TSP) or this chapter may be considered for approval by the City Engineer if one of the following conditions are found to be present:

a. Existing local conditions create unusual circumstances where standards must be exceeded such as excessive or unstable slopes, mixed land uses to utilize the same street, or a pedestrian or bikeway link is needed;

b. Existing local conditions create unusual circumstances, including, but not limited to, where standards must be reduced such as reducing sidewalks to one side of the street only, reducing street widths, reconstruction of a street in an existing neighborhood for reduction of excessive cuts and fills, or where steep cross slopes exist making reduced widths advisable and parking turnouts recommended;

c. Variation is necessary to the overall design objectives of a particular proposed development such as green street design elements that are consistent with federal regulations for stream protection, parking turnouts, and landscaped islands and circles for traffic control.

3. Specifications and Design Standards. Unless otherwise required by the Engineering Design and Standard Details Manual, the City Engineer, or this chapter, road specifications shall conform to the most recent issue of the Oregon State Highway Division's "Standard Specifications for Highway Construction."

4. Structural Section.

a. Purpose. The typical structural sections that are to be used for each street classification are shown in the City's Standard Details found in the Engineering Design and Standard Details Manual. The City Engineer may increase the structural section to conform to projected traffic loads or unstable soil conditions.

b. Variation. Sections utilizing other methods of construction than shown in the standard drawings (i.e., lime or cement treated subgrade, or Portland cement or asphaltic cement treated base, etc.) may be submitted for review and approval by the City Engineer.

c. Structural Design. In areas determined unstable by the City Engineer, the Design Engineer will be required to submit a structural design for approval. Included in the submittal shall be the soils analysis on which the design was based.

5. Asphalt Pavement Design.

a. The wearing surface of asphalt concrete (AC) streets shall be HMAC, designed and placed in accordance with the requirements outlined in the Engineering Design and Standard Details Manual.

b. In areas requiring a specialized pavement design, the asphalt pavement may be designed using any nationally recognized procedure approved by the City Engineer.

c. The minimum paving temperature limits for placement of HMAC shall be in accordance with the requirements outlined in the Engineering Design and Standard Details Manual.

d. The City's Engineering Division shall be notified 48 hours in advance of intent to place HMAC.

e. The project geotechnical engineer shall be present while HMAC is being placed and shall perform compaction testing on each lift of HMAC.

f. The compacting testing results shall meet the requirements of Section 00745.9, Compaction QC, "Oregon Standard Specifications for Highway Construction."

g. Failure to comply with the minimum compaction testing requirements may result in the removal of the substandard pavement surface upon direction of the City Engineer or designee.

6. On-Street Parking Restrictions. On-street parking restrictions shall be per the most recent iteration of the Oregon Fire Code Applications Guide, as determined by Clackamas Fire District No. 1.

7. Private Streets. Private streets shall conform to the typical cross-sections found within the Engineering Design and Standard Details Manual, and the City's Transportation System Plan. Private streets within single-family detached, duplex, triplex, quadplex, and cottage cluster developments shall be designed to provide access to no more than five lots (excluding middle housing child lots resulting from a middle housing land division). Private streets serving multifamily housing developments shall provide commercial drives in conformance with the City's Transportation System Plan and Engineering Design and Standard Details Manual. Homeowners Associations (HOA's) shall enforce no parking in private tracts, including private streets and alleys via the HOA's bylaws and/or covenants, conditions, and restrictions (CC&R's).

8. Rights-of-Way. Prior to issuance of building permits or recordation of final plat, the City shall require dedication of rights-of-way in accordance with the City's Transportation System Plan and construction of public improvements. Where the City is requiring the dedication of public right-of-way, a variance is not required if the dedication reduces the setback between the property line and existing structures below the minimum setback. All dedications shall be recorded with the County Assessor's office.

9. Connectivity and Block Length. The following shall govern the design and layout for blocks within all subdivisions or planned unit developments:

a. Block Length. The blocks shall be consistent with the requirements of topography and the needs for convenient access, circulation, control and safety of street traffic and the type of land use proposed. Block lengths shall not exceed 530 feet or be less than 200 feet in length, except if prevented by barriers such as topography, water resources or significant natural resources, freeways, pre-existing development, leases, easements or covenants that existed prior to May 1, 1995. In a Water Quality Resource or Habitat Conservation Area (HCA) the distance between streets may be increased to 800 to 1,200 feet where protected natural features are present.

b. Block Width. Except for reverse frontage lots, the width of blocks shall be sufficient to allow for two tiers of lots of depth consistent with the type of land use proposed.

c. Pedestrian Paths and/or Multi-Use Paths.

i. Spacing between pedestrian connections shall be no more than 320 feet.

ii. Pedestrian paths shall be provided when full street connections are not possible because of topography, barriers such as freeways or railroads, or environmental constraints.

iii. Pedestrian access to schools, playgrounds and other community facilities shall be provided from the public right-of-way.

iv. Path design and construction shall be in accordance with the Engineering Design and Standard Details Manual and the City's Transportation System Plan.

v. Pedestrian paths shall be encompassed in a public access easement.

vi. Pedestrian and multi-use paths shall have an all-weather surface to City standards and will include removable bollards to prevent use by unauthorized motorized vehicles.

vii. In developments incorporating pedestrian paths within steep slopes, paths 20% or greater in grade are required to incorporate stairs.

viii. In natural resource areas, surfaces may include gravel or bark chip; in all other scenarios, pedestrian and multi-use paths shall be constructed of improved, all weather surface.

ix. Pedestrian and multi-use paths are required to be maintained by a homeowner's association or equivalent maintenance organization.

x. Multi-use paths shall be constructed in conformance with the definition of a multi-use path within Section 16.12.030 of this title.

d. Cul-de-Sacs and Loop Turn-Around Streets. A cul-de-sac or loop turn-around street shall only be proposed where the City Engineer recommends to the appropriate review body that environmental or topographical constraints, existing development patterns, or compliance with other applicable City requirements preclude a street extension. Where the City determines that a cul-de-sac or loop turn-around street is allowed, all of the following standards shall be met:

i. The cul-de-sac or loop turn-around street shall not exceed a length of 200 feet, unless the adjoining land contains barriers such as existing buildings, railroads or freeways, or environmental constraints such as steep slopes, wetlands, drainageways, creeks or streams, that prevent future street extension and connection. A central landscaped island with rainwater management and infiltration are encouraged in cul-de-sac design. No more than 30 dwelling units shall take access to a new cul-de-sac or loop turn-around street unless approved by the fire district and City Engineer. All other dimensional standards of cul-de-sac or loop turn-around streets shall be governed by the Engineering and Design Standards Manual and are based on the recommendation of the City Engineer. The length of the cul-de-sac or loop turn-around street shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the street;

ii. Cul-de-sac or loop turn-around streets shall terminate in a configuration that meets Clackamas Fire District No. 1 guidelines and is consistent with Figure 8-17 of the City of Happy Valley Transportation System Plan; and

iii. Cul-de-sac or loop turn-around streets shall provide pedestrian connections from the end of the street to adjacent developed and developable lands, and shall provide or not preclude the opportunity to later install bicycle access way between it and adjacent developable lands. Such access ways shall conform to Section 16.41.040.

10. Subsurface Drainage.

a. Subsurface street drainage shall be an integral part of street design. Subsurface drains shall be designed and constructed to properly address the affected soil. In the event that no subsurface drainage is required based on a soils report, a transverse perforated drain pipe shall be installed below the sub-base rock at the point of each sag vertical curve. The subsurface drains are for the purpose of collecting and conveying subsurface water only, not surface runoff. They are not to be considered part of the storm drainage system for storm drainpipe sizing purposes;

b. Subsurface drains shall connect and drain into the storm drainage system at catch basins, curb inlets, gutter inlets, manholes or roadside ditches. Surcharge from the storm drainage system shall not be allowed to back up into the subsurface drains. Alternative subsurface drainage measures may be used if approved by the City Engineer.

11. Guardrails. The following specifies the minimum requirements for the location and type of guardrails:

a. The decision of whether to install a guardrail or not shall be based on information found in the AASHTO publication, "Guide for Selecting, Locating and Designing Traffic Barriers";

b. Guardrails shall be designed and constructed per ODOT's Standard Drawings for Design and Construction.

12. Transitions. Street width transitions shall be designed in accordance with the Engineering Design and Standard Details Manual.

13. Superelevation Cross-sections. Off-set crown cross-sections are not acceptable as superelevation sections.

14. Stub Streets. Stub streets allow for future street extensions. A barrier will be required at the end of a stub street. Notification that the street is planned for future extension shall be posted where the street improvement ends.

15. Utilities.

a. On all phased (interim) road improvements, the necessary utilities shall be stubbed across the interim improvement to assure cuts are not necessary when the road is expanded to its full width.

b. Underground utilities being constructed along existing paved streets shall not be located under the existing pavement unless approved by the City Engineer. Underground utilities that must cross an existing paved street shall be bored rather than open cut, unless approved by the City Engineer.

c. Underground utilities shall be buried a minimum depth of 30 inches as measured from finished grade to top of utility.

d. Street lights shall be located as required to provide proper illumination but shall not physically or visually interfere with vehicle or pedestrian traffic.

16. Raised Medians. Raised medians are allowed on certain streets in accordance with the City's Transportation System Plan. Where raised medians are allowed, they shall be designed in conformance with the Engineering Design and Standard Details Manual.

17. Sight distance at intersections shall meet the minimum requirements set by AASHTO A Policy of Geometric Design of Highways and Streets, latest edition, based upon the design speed. When a sight distance easement is needed at an intersection, an open space tract shall be dedicated to obtain the correct sight visibility. Plantings or structures in the open space tract/sight distance easement shall conform to the Engineering Design and Standard Details Manual.

18. Corner or Clear Vision Areas.

a. A clear vision area shall be maintained on each corner of property at the intersection of any two streets, or a street and a driveway in accordance with the Engineering Design and Standard Details Manual. No structures, plantings or other obstructions that would impede visibility between the height of 30 inches and 10 feet shall be allowed within such area. Measurements shall be made from the top of the curb or when there is no curb, from established street centerline grade. However, the following items shall be exempt:

i. Light and utility poles with a diameter less than 12 inches;

ii. An existing tree, trimmed to the trunk, 10 feet above the curb;

iii. Official warning or street sign;

iv. Natural contours where the natural elevations are such there can be no cross-visibility at the intersection and necessary excavation would result in an unreasonable hardship on the property owner or deteriorate the quality of the site.

b. Driveways constructed on streets without curbs shall meet the minimum intersection sight distance requirements.

19. Vertical Clearance. A minimum clearance of 14 feet above the pavement surface shall be maintained over all streets and access drives.

20. Interim Improvement Standards. It is anticipated that all existing streets, except those in new subdivisions, will require complete reconstruction to support urban level traffic volumes. However, in most cases existing and short-term projected traffic volumes do not warrant improvements to full standards. Therefore, unless otherwise specified by the review body, interim standards as determined by the City Engineer shall apply.

21. In order to provide adequate travel lanes and stormwater drainage, roadway improvements that are constructed within areas abutting multiple properties are required to construct "three-quarter" streets along the applicable frontage of a subject site (curb, gutter, sidewalk, planter strip and a full paved section designed to accommodate stormwater drainage pursuant to CCSD#1 specifications).

a. A Reserve or Access Control Strip. In cases where unimproved (gravel) or under-improved (paved section width less than that required by street classification) public rights-of-way serve a proposed development, off-site improvements shall, at a minimum, include the construction of a full paved section pursuant to the applicable street standard, designed to accommodate stormwater drainage pursuant to CCSD#1 specifications. Said improvements shall continue to an adequately improved public right-of-way, as determined by the City Engineer.

22. Miscellaneous Information. The expense related to modification of an existing street to accommodate proposed access, including all traffic control devices and lighting, shall be paid for by the developer.

C. Street and Road Access Control.

1. Cul-de-sac and Residential Streets—Residential and Commercial Uses. A permit is required for access, subject to general considerations of safety, function, etc.

2. When a partition, subdivision or a planned unit development abuts or contains an existing or proposed arterial street as defined within the City's Transportation System Plan, the review authority shall require reverse frontage lots, thereby precluding access to the parkway streets.

3. Access and Traffic Signal Spacing Standards. Access and traffic signal spacing standards are defined within the City's Transportation System Plan. New development and roadway projects located on City street facilities shall meet the access and traffic signal spacing standards within the Transportation System Plan. Access points include public streets, private streets, and private commercial or residential driveways. A variation to the access and traffic signal spacing standards may be granted by the City Engineer in consultation with the City's Traffic Engineer, in areas with limited property frontage and/or environmental constraints. Any variation to these spacing standards will require an access management plan to be approved by the City Engineer. Any approved variation shall be detailed within the conditions of approval of an applicable land use application, and said variations are distinctly different from, and unrelated to, variances per the provisions of Chapter 16.71 of this title.

D. Appeals.

1. Any person aggrieved by a decision of the City Engineer or other staff person under this chapter may appeal to the Hearings Officer.

2. Any person aggrieved by a decision of the Hearings Officer under this chapter may appeal to the City Council.

E. Street Names. No proper street names shall be used which will duplicate or be confused with the name of an existing street or a connecting cul-de-sac or turn-around loop street. Street names shall conform to the established patterns of the City and surrounding area and are subject to the review and approval of emergency services organizations.

F. Traffic Controls.

1. Purpose. For any development, the City Engineer may require that the owner provide an engineering traffic analysis by a registered engineer to determine the number and types of traffic controls (traffic lights, signs, turn lanes, etc.) as may be necessary to accommodate anticipated traffic flow of the development. The recommendations reached in the engineering traffic analysis will be required by the City as a condition of issuance of a building permit and shall be approved by the City Engineer.

2. Traffic Control Devices and Street Signs. All required street name signs, traffic control signs, and traffic control devices shall be installed at the expense of the developer.

3. Variances. Variances may be granted for the conditions of this section when, in the judgment of the City Engineer, strict compliance would impose an undue hardship on the developer. (See Chapter 16.71.)

G. Location of Utility Lines.

1. To the maximum extent feasible, utilities shall be placed underground.

2. Water mains shall be located on the south and east sides of the road.

3. Power, natural gas and telephone shall be located within an eight-foot public utility easement (PUE) adjacent to the right-of-way line, or within the right-of-way, if approved by the city engineer, and shall be joint occupancy whenever possible.

4. Pedestals for Buried Cable. Pedestals installed as part of a buried cable installation are to be located within an eight-foot public utility easement (PUE) adjacent to the right-of-way line, or within the right-of-way, if approved by the city engineer. In no case shall the pedestals be located within the road maintenance operating area, including mowing operations, or nearer the pavement edge than any official road sign in the same general location.

5. Service crossings shall maintain the same depth as the main pipeline or buried cable to a point two feet behind the curb or center of the road or ditch, but in no case shall there be less than one foot cover from the bottom of the curb or ditch to the top of the service line.

6. Storm sewer lines shall be located five feet south or east of centerline of street.

7. Sanitary sewer lines shall be located five feet north or west of centerline of street.

8. The depth of utilities on improved roads shall be 30 inches minimum, 40 inches minimum on unimproved roads, and 30 inches minimum below subgrade on proposed construction or reconstruction. All depths are to top of pipe lines or buried cable.

9. Locations other than those noted above must be approved by the City Engineer.

H. Sidewalks and Bikeways.

1. Requirements for sidewalks and bikeways shall be as delineated within the Transportation System Plan.

2. Sidewalks.

a. Sidewalks may be either private or public, depending on their location inside or outside of the public right-of-way.

b. Sidewalks shall tie to public streets at locations determined by the City Engineer.

c. Sidewalks shall be constructed of concrete in accordance with the City's Engineering Design and Standard Details Manual. Other materials must be specifically approved by the City Engineer.

d. Sidewalks shall have a maximum grade of 15%.

e. Ramps for handicapped use are required on all sidewalks used by the public at all points where a sidewalk or path intersects a curb.

f. Sidewalks must be constructed in such a way as to allow the surface drainage to sheet flow across them, and not follow them longitudinally.

g. Public sidewalks shall be located either in a public easement or over land dedicated to the public.

h. Sidewalks may meander within the right-of-way with City Engineer approval.

i. Alternate Sidewalk Location. It is the general policy of the City to place sidewalks off the traveled portion of any roadway. In areas where the placement of the sidewalk would result in the removal of significant trees or the construction of significant fill or cut slopes or in other cases deemed appropriate by the City Engineer, the sidewalk may be placed elsewhere with a design reviewed and approved by the City Engineer.

j. Sidewalks must be constructed free of impediments within a minimum width of at least five feet.

3. Bikeways.

a. Bikeways shall be public.

b. Bikeways facilities shall meet the requirements of this document and the American Association of State Highway and Transportation Officials publication, "Guide for Development of New Bicycle Facilities," as amended and adopted by the Oregon Department of Transportation.

c. Bikeways must be constructed in such a way as to allow the surface drainage to sheet flow across them, and not follow them longitudinally.

d. A bikeway may be constructed adjacent to the curb within the pavement area.

e. The design of bikeways shall conform to City standards.

f. Structural sections of bikeway facilities on streets shall conform to that of the street or be integral with the curb. Bikeway facilities off street shall be constructed over a sterilized, compacted subgrade with a surface that meets the requirements set out in the Engineering Design and Standard Details Manual.

g. Design standards regarding horizontal alignment, grade, sight distance, intersections, signing, marking, structures, drainage and lighting shall conform to the AASHTO standards. When bikeways are integrated with a curb, all inlet grates shall be designed to protect the bicyclist from the grate or opening.

h. Bikeways shall be located either in a public easement or over land dedicated to the public.

(Ord. 389 § 1(Exh. A), 2009; Ord. 439 § 1(Exh. B), 2013; Ord. 468 § 1, 2014; Ord. 501 § 1, 2016; Ord. 507 § 1, 2016; Ord. 539 § 1, 2018; Ord. 545 § 1, 2019; Ord. 561 § 1(Exh. A), 2022; Ord. 582, 3/19/2024)

§ 16.50.040 Public use areas.

A. Dedication of Public Use Areas.

1. Where a proposed park, playground, or other public use shown in a plan adopted by the City is located in whole or in part in a subdivision, the City may require the dedication or reservation of this area on the final plat for the subdivision, provided that the impact of the development on the City park system is roughly proportionate to the dedication or reservation being made.

2. The Parks District may purchase or accept voluntary dedication or reservation of areas within the subdivision that are suitable for the development of parks and other public uses; however, the Parks District is under no obligation to accept such areas offered for dedication or sale.

B. System Development Charge Credit. Dedication of land to the City for public use areas, voluntary or otherwise, shall be eligible as a credit toward any required system development charge for parks.

(Ord. 389 § 1(Exh. A), 2009)

§ 16.50.050 Sanitary sewer, storm drainage and water service improvements.

A. Sanitary Sewerage Disposal and Storm Drainage Requirements.

1. All development shall be served by public sanitary sewage disposal. The City Engineer may approve alternatives based on feasibility. The sanitary sewerage disposal requirements for any development within the City shall be in accordance with standards established by the State of Oregon, Department of Environmental Quality (DEQ) as administered by Clackamas County. Any variances or waivers to these standards shall be granted only in accordance with established standards, criteria and procedures of DEQ.

2. All sanitary sewers shall be designed and constructed in accordance with the requirements of the Clackamas County Service District No. 1 or its successor.

3. All storm sewers shall be designed and constructed in accordance with the requirements of Clackamas County Service District No. 1 or its successor.

B. Domestic Water and Fire Protection Service Requirements.

1. All development shall be served by public water. The City Engineer may approve alternatives based on feasibility. All design and construction shall be in accordance with the requirements of the water service provider.

2. All subdivisions or planned unit developments shall have an adequate water supply for fire protection purposes as required by the fire district, and shall have fire hydrants located as required by the fire district.

3. Any proposed public or private road shall be reviewed by the appropriate fire district for compliance with all applicable and appropriate standards, and a statement of compliance shall accompany the application for any subdivision or PUD (See Section 16.50.030 and any other applicable sections).

C. All development will be adequately served by Level 1 services. The City Engineer may approve alternatives based on feasibility.

(Ord. 389 § 1(Exh. A), 2009; Ord. 439 § 1(Exh. B), 2013; Ord. 582, 3/19/2024)

§ 16.50.070 Utilities.

A. Purpose. Approval of a partition, subdivision, planned unit development, as well as all multifamily, commercial, industrial and institutional developments and pertinent capital improvement projects within the City shall include an express condition that requires all utility lines, including, but not limited to, those required for electric, communication, street lighting and cable television services and related facilities, to be placed underground. Whether the underground facilities have supporting containers or are buried in the earth shall be determined by the utility involved in compliance with all applicable safety regulations.

B. Variances. Subsection A of this section shall not apply to surface mounted transformers, surface mounted connection boxes and the meter cabinets which may be placed above ground, or to temporary utility service facilities during construction, or to high capacity electric and communication feeder lines, or to utility transmission lines operated at 50,000 volts or above.

C. Procedure. The developer shall be responsible for and shall make all necessary arrangements with the serving utilities to provide the underground services as required in subsection A of this section along the entire linear frontage of the subject site. All such underground electric and communication facilities as described above shall be constructed in compliance with the rules and regulations of the Public Utility Commissioner of the State of Oregon, relating to the installation and safety of underground lines, plant, system, equipment and apparatus. When any public or private property, including, but not limited to, streets and parks is disrupted by the installation, hookup or provision of services or facilities, the developer shall insure that the public or private property is returned as nearly as possible to the condition existing prior to the disruption. In addition, existing structures that may need to be rewired with undergrounding are also the responsibility of the developer. A bond, security agreement or cash deposit with the City for the estimated cost of repair of the public or private property shall be deposited with the City prior to the commencement of any work. The developer shall sign a statement supplied by the City Attorney which will hold the City harmless for all disruption, repair and liability involved with such project.

D. Availability. If sufficient public right-of-way is not available to accommodate undergrounding, public utility easements or utility strips satisfactory to the serving utilities shall be provided for by the developer and shall be set forth on the plat before recording in the County records or in the records of any other governmental agency entitled to recordation by law or agreement.

E. Exemptions. Developments, including capital improvement projects, with less than 600 feet of overhead utility frontage.

(Ord. 389 § 1(Exh. A), 2009; Ord. 501 § 1, 2016; Ord. 556 § 1, 2021)

§ 16.50.080 Construction plan approval, bonding and assurances.

A. Plan Approval and Permit. No public improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting, parks, or other requirements shall be undertaken except after the plans have been approved by the City, permit fee paid, and permit issued. The permit fee is required to defray the cost and expenses incurred by the City for construction and other services in connection with the improvement. The permit fee shall be set by City Council.

B. Bonding and Assurances.

1. Performance Bonds for Public Improvements. Prior to obtaining City approval to construct any public improvements, the developer shall, by agreement with the City, carry out the minimum improvements required by the City's implementing ordinances and subject conditions of approval by installing the required improvements, subject to inspection and final review of the City, prior to the approval of any structural building permits and shall furnish the City with a performance bond or other financial guarantee, such as an irrevocable letter of credit or set aside account, in a form and amount satisfactory to the City. The performance bond or other financial guarantee is required to be at least 125 percent of the construction value for improvements within the City's right-of-way as determined by the City or agreed upon by the City and developer.

If the developer fails to construct the required minimum public improvement requirements or otherwise fails to perform any conditions of approval, and the City has unreimbursed expenses resulting from such failure, the City shall place a claim against the bond or other security for reimbursement, including, but not limited to, staff time, mileage and legal expenses. If the amount of the bond or other security exceeds the expenses incurred by the City, it shall release the remainder. If the amount of the bond or other security is less than the expenses incurred by the City, the developer shall be liable to the City for the difference and a lien may be filed by the City in the City lien docket against the property to insure payment.

Any improvement that is not under City jurisdiction shall be improved pursuant to the procedures established by the responsible jurisdiction or service provider.

2. Warranty Guarantee. After satisfactory completion of the necessary public facilities, private open space landscaping and partial or full release of the performance bond by the City, the responsible party constructing the facilities shall commence satisfactory maintenance of the facilities. A warranty guarantee to be used at the discretion of the City Engineer or designee to correct deficiencies in materials or maintenance of constructed public infrastructure, or to address any failure of engineering design, must be posted with the City and maintained throughout the two-year maintenance period. The amount of the maintenance bond shall be 25% of the construction cost of the facilities as approved by the City Engineer or designee. Maintenance bonds for vegetation shall not be allowed to expire without submittal of an arborist's report documenting plant health. The City may, at its option, require the maintenance bond be extended should the need arise to finalize inspections or determine plant health.

3. Liability Insurance. The responsible party constructing the facility shall maintain general liability insurance not less than the following amounts: $1,000,000.00 per occurrence; $5,000.00 for medical expense; $1,000,000.00 personal and advertising injury; $2,000,000.00 general aggregate; and $2,000,000.00 products/completed operations aggregate. The responsible party's insurance coverage shall be primary and noncontributory. All policies will provide for not less than 30 days written notice to the City before they may be cancelled. The City of Happy Valley shall be named as additional insured using the appropriate additional insured endorsement, which shall protect the City from any and all liability related to the construction or maintenance of the facility.

4. Consolidation of Bonds. Where such persons have previously posted, or are required to post other such bonds with the City Recorder either on the facility itself or on other construction related to the facility, such person may, with the permission of the City Engineer or designee and to the extent allowable by law, combine all such bonds into a single bond. At no time shall the amount thus bonded be less than the total amount which would have been required in the form of the separate bonds, and provided further that such bond shall on its face clearly delineate those separate bonds which it is needed to replace.

5. Release of Performance Bonds. The bond or assurance shall be released by the City Recorder only when authorized by the City Engineer and Planning Official or designees find that the completed project conforms to the site development approval, including all conditions of approval.

6. Completion of Planter Strips, Street Trees and General Landscape Installation.

a. Common open space or tract landscaping; planter strips and street trees abutting common open spaces or tracts; center street medians; stormwater detention facility landscaping; and any other miscellaneous landscaping not associated with a single residential lot or parcel shall be installed prior to final infrastructure inspection and/or authorization to submit building permits. If the developer is unable to install landscaping due to extreme weather or other constraints not within the control of the developer, landscaping within common elements, open space tracts, planter strips, center medians, etc., shall be guaranteed by the submittal of a liquid financial guarantee (traditional performance bonds are not accepted) acceptable to the Planning Official, to be retained until final installation and inspection. Said guarantee shall be in an amount equal to 125% of the landscaping installation estimate provided by a professional landscape contractor and shall assure such installation within six months of authorization to submit building permits. If the installation of the landscaping is not completed within the six-month period, the security may be used by the City to complete the installation.

b. Planter Strip Landscaping (Groundcover) and Street Trees Within the Public Right-of-Way, Abutting Residential Subdivision Lots. Planter strips are public improvements located within the right-of-way and as such are required to be installed by the developer. The developer is required to submit a planter strip and street tree plan as part of the construction plan set, detailing to the greatest extent practicable the placement of street trees in conformance with all spacing requirements for street intersections, street lights, driveways, fire hydrants, etc. Based on this planter strip and street tree plan, the developer and/or builder shall install the planter strip landscaping minus street trees prior to building occupancy. Prior to building permit release, the developer and/or builder shall finalize street tree planting by one of two methods. One, submit a street tree installation fee for all street trees located along public street frontages, assuming a value of $525 per tree. The City of Happy Valley street tree contractor shall install all street trees located along public street frontages when the development reaches substantial buildout based on the discretion of the Planning Official or designee, but generally incorporating an 80% benchmark. Alternatively, substantially built-out streets, blocks or neighborhoods may also be authorized for street tree planting per the discretion of the Planning Official or designee. Second, if in the interest of an expedited timeline for installation by the developer, street tree installation may be carried out by the developer, with submittal of an adequate street tree plan; performance bond for 125% of the cost of the approved street tree plan as demonstrated by a bid from a professional landscape company; and, a two-year maintenance bond for the developer installed street trees.

(Ord. 389 § 1(Exh. A), 2009; Ord. 433 § 1, 2013; Ord. 439 § 1(Exh. B), 2013; Ord. 501 § 1, 2016; Ord. 521 § 3, 2017; Ord. 545 § 1, 2019; Ord. 582, 3/19/2024)

§ 16.50.090 Installation.

A. Conformance Required. Improvements installed by the developer either as a requirement of these regulations or at the developer's own option, shall conform to the requirements of this chapter, approved construction plans, in accordance with the Engineering Design and Standard Details Manual.

B. Commencement. Work shall not begin until the City has been notified in advance in writing.

C. Resumption. If work is discontinued for more than one month, it shall not be resumed until the City is notified.

D. City Inspection. Improvements shall be constructed under the inspection and to the satisfaction of the City. The City may require minor changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. Modifications to the approved design requested by the developer may be subject to review under Chapter 16.66, Modifications to Approved Plans and Conditions of Approval. Any survey monuments that are disturbed before all improvements are completed by the subdivider shall be replaced and accepted by the County Surveyor prior to final acceptance of the improvements.

E. Engineer's Certification and As-Built Plans. A registered civil engineer shall provide written certification in a form required by the City that all improvements, workmanship, and materials are in accord with current and standard engineering and construction practices, conform to approved plans and conditions of approval, and are of high grade, prior to City acceptance of the public improvements, or any portion thereof, for operation and maintenance. The developer's engineer shall also provide electronic "as-built" plans in conformance with the Engineering Design and Standard Details Manual, including file types.

(Ord. 389 § 1(Exh. A), 2009; Ord. 439 § 1(Exh. B), 2013; Ord. 582, 3/19/2024)

§ 16.50.100 Grading requirements.

In addition to the provisions for grading plans as required in Section 16.62.030, the following standards shall be met for all projects undergoing building permit and/or construction plan review:

A. Grading on new project sites shall blend with the contours of adjacent properties. Abrupt or unnatural appearing grading design is not allowed unless otherwise approved by a condition of approval through land division or design review processes.

B. Proposed cut and fill slopes shall be rounded off both horizontally and vertically.

C. Where graded building pads are proposed, they should extend three feet to five feet beyond the building foundation to allow a transition to the natural setting.

D. Fences and walls shall comply with Section 16.44.055.

E. Grading under the drip line of protected trees is prohibited to prevent soil compaction and significant root damage. A protected tree is one that is outside the building envelope or infrastructure improvement area pursuant to Section 16.42.050. On sites in the open space, the restriction on grading is extended to one and one-half times the distance from the trunk to the drip line unless mitigation by replanting native species or eradication of unwanted plant species has been approved by the City.

F. (Reserved)

G. (Reserved)

H. Terracing shall be considered as an alternative to the use of tall or prominent retaining walls, particularly in highly visible areas on hillsides.

I. When designing a grading plan, balancing the cut and fill is highly encouraged when it does not result in further damage to the natural topography.

J. Excavation or Filling of Soil.

1. Purpose. This section covers the layout and improvement of land, including drainage; the excavating, filling and grading of lots; the location and construction of buildings and other structures and parts and appurtenances of such buildings and structures.

2. Layout. Prime consideration in the placement of all buildings and other structures, including concrete or paved driveways or walkways, streets of any type of construction, or fills or excavations shall be the maintenance of the natural absorption through the soil of septic tank effluent, natural groundwater and water runoff.

3. Drainage. The City must approve any and all proposals that will, in the opinion of the City Engineer or designated representative, change water runoff, sewage effluent absorption or natural groundwater absorption. Natural flows of groundwater and surface water and stormwater drainage shall be maintained so as to prevent harmful effects on surrounding property. Erosion shall be controlled in accordance with an erosion control plan.

4. Procedure. It shall be the applicant who shall bear the sole burden of providing to the City any and all information, documentation, evidence and proof that any proposed development of the land will conform to and fulfill the requirements of this section.

(Ord. 389 § 1, 2009; Ord. 422 § 1, 2012; Ord. 439 § 1, 2013; Ord. 501 § 1, 2016; Ord. 526 § 1, 2017; Ord. 556 § 1, 2021; Ord. 592, 6/3/2025)

§ 16.50.110 Street trees and planter strips.

A. Applicability. All partitions, subdivisions, planned unit developments (PUDs), design review, and any individual uses within any district, whether permitted by right or conditional approval, shall be required to provide street trees and, where applicable, planter strips on all public roadways within the project area, in accordance with the standards in subsection B below. Street trees are not required with residential building additions, other than multifamily. Private street trees shall be located within a private street easement or combined private street tree/public utility easement unless otherwise approved by the City.

B. Standards.

1. All street trees and planter strips shall be installed or financially secured by the developer pursuant to the definition of a "planter strip" found within Section 16.12.030 (Definitions). Private streets or development areas that do not utilize curbside planter strips shall install street trees beyond the public sidewalk, within a public utility and street tree easement.

2. Street Tree Installation Methodology. The developer and/or builder shall submit a planter strip and street tree plan as part of the construction plan set, detailing to the greatest extent practicable the placement of street trees in conformance with all spacing requirements in regard to street intersections, street lights, driveways, fire hydrants, etc., per the City's Engineering Design and Standard Details Manual. Based on this street tree plan, the developer shall submit a street tree installation fee or liquid financial guarantee based on the methodology set forth in Section 16.50.080.

3. Planting/Removal. Any person desiring for any purpose to plant, remove, destroy, top or treat any tree in or upon any street public right-of-way or street tree easement, shall first submit a tree cutting/planting application to the City describing the purpose and scope of work. Tree removal shall be reviewed per Section 16.42.050. All work done under such permit must be performed in strict accordance with the terms and provisions of this chapter. The Public Works Director shall base approval of such permit on the health, safety and welfare of both the affected tree(s) and community residents. If any permit required by this section is denied, the applicant may appeal in writing to the City Council within 10 days of denial. The council shall proceed and determine the appeal, calling upon the Public Works Director to defend his or her decision.

4. Modified Existing Streets. All proposed changes to existing public street right-of-way widths or any proposed existing street improvement shall, where feasible, include allowances for parking and median strips in accordance with the City's public facilities plan and its new street system final development standards.

5. Clearance Design.

a. Curb and Sidewalk. Planter strip street trees shall be planted midway between curb and sidewalk in planter strips. Trees may not be planted within five feet from a curb face when not in a planter strip or island.

b. Center Medians. Center median street trees shall be laterally centered or grouped by design in the medians and an offset placement pattern relative to planter strip street trees is required.

c. Utilities. All digging, including tree planting, must be preceded by underground location of utilities, water lines, sewer lines and transmission lines conducted by the planter. Trees near fire hydrants and utility poles shall be planted per the City's Engineering Design and Standard Details Manual.

d. Tree Planting Separation Distances. Street trees shall meet the following minimum separation distances unless waived by the City Engineer and comply with vision clearance.

i. 40 feet from intersections (measured back from the point of intersecting curbs or curb lines);

ii. 25 feet from other street trees;

iii. 25 feet from street lights;

iv. 20 feet from a stop sign;

v. 10 feet from a fire hydrant;

vi. 5 feet from a driveway or alley;

vii. 5 feet from a utility pole;

viii. 5 feet from a sign (other than a stop sign); and

ix. 3 feet from a utility box.

e. Street Tree Spacing. One street tree shall be planted for every 30 feet of frontage. If a street tree cannot be planted in compliance with the planting separation distances above, street trees may be planted adjacent to the right-of-way on private property as space allows or a financial contribution to the City's "Tree Bank" in accordance with an adopted fee schedule for the actual number of trees required to be replanted. Trees planted in the center medians shall be staggered with the trees planted in the planter strips. Special plantings with regards to spacing shall be allowed with prior approval by the Public Works Director or designee as evaluated against any site distance issues or other infrastructure conflict.

f. Visual Clearance. In order to keep visual zones clear and to protect traffic, pedestrians and bicyclists from running into low limbs, trees within or overhanging the public right-of-way and/or visual clearance zone must be trimmed to at least eight feet above the sidewalk area, 12 feet above streets or alleys, and 14 feet above neighborhood collector level two and higher level roads

g. Median Trees. Center median street trees shall be planted and maintained in a manner that eliminates conflict between vehicle traffic and trees. Pruning of median street trees shall reflect a limb standard sufficient to ensure a 14-foot clearance above streets.

6. Installation Standards.

a. Street Tree List. The species of street trees to be planted shall be chosen from the approved list of street trees in the City's Street Trees and Urban Forestry Guide or alternate species as approved by the Planning Official or designee. If there are fewer than eight required trees, they may all be the same genus. If there are between eight and 24 required trees, no more than 40 percent can be of one genus. If there are more than 25 required trees, no more than 25 percent can be of one genus. This standard applies only to the trees being planted, not to existing trees. If a diversity of tree species is not available in the diameters required, exceptions may be granted for diversity by the Public Works Director or designee;

b. Method of Planting. Planting methods for all public trees shall adhere to the City's Engineering Design and Standards Details Manual unless determined otherwise by the City.

c. Installation Standards.

i. Planter Strip Street Trees. Minimum size: one and three-quarters inches in diameter at a point four feet above existing grade at time of planting. If a particular tree species is not available in the diameters listed, exceptions may be granted for smaller planting sizes by the Public Works Director or designee;

ii. Center Median Street Trees. Minimum: two to two and one-half inches in diameter at a point four feet above existing grade at time of planting.

iii. Root barriers shall be installed according to the manufacturer's specifications when a planter strip or median is planted within five feet of any hard surface or paving or utility box, or as otherwise required by the City.

d. Center Median Strips. Center median strips shall be landscaped with vegetative groundcover and/or covered with nonvegetative materials (i.e., interlocking paving stones). Automatic irrigation systems for all center median strips with street trees and/or vegetative groundcover shall be installed by the developer at the time the medians are constructed. Water lines shall be stubbed to center medians prior to the installation of the first street lift. Where possible, the water lines to the center medians shall be laid in series, continuing under the street where median breaks occur. Center median landscape and irrigation plans must be prepared by a landscape architect registered in the State of Oregon and shall be incorporated into the final landscape plan submitted to the City for approval. Private irrigation waterlines are not allowed under the pavement within the public right-of-way. Private waterlines are restricted to landscape planters and medians unless an exception is approved by the Public Works Director.

e. Method of Support. Street trees shall be guyed or supported for a maximum period of two years in a manner consistent with the City's Engineering Design and Standard Details Manual.

f. Permission to Plant. No person shall plant or set out any tree in a public place without first obtaining written permission from the Public Works Director. The Public Works Director shall consider the following criteria in determining whether permission should be granted: number of trees to be planted or set out; location, grade, and variety of each tree; method of planting; and any additional information the Public Works Director may reasonably need to make a fair judgment as to permission to plant.

g. Replacement. The City may require the replacement of a new tree by the abutting land owner, at the land owner's expense, after permission has been granted to remove an existing street tree.

h. Protection. No person may attach any ropes, wires, chains, or other devices to any street tree, or to the guard or stake intended for the protection of such trees, other than a device that will support and/or protect such trees. During the erection, repair, alteration or removal of any structure all street trees shall be adequately guarded and protected to prevent injury to such trees.

i. Planter strips shall be covered with:

i. Lawn; or

ii. Decorative rock; or

iii. Shrubs and groundcover designed to cover a minimum of 75 percent of the planter strip upon maturity, including xeriscaping; or

iv. Artificial lawn.

Secondary materials may include wood chip, bark nuggets, barkdust or similar treatments, but are unacceptable as the primary cover. Planter strips may also include street furnishing elements consistent with Happy Valley Style design guidelines such as tree grates, benches, and bicycle racks.

7. Removal. No person shall remove trees from public places without first obtaining written permission from the Public Works Director. Refer to the City's tree cutting removal regulations in regard to the removal of trees from private property.

8. Maintenance Standards.

a. All street trees within planting strips and medians must be pruned and maintained to International Society of Arboriculture (ISA) standards for shade trees. A copy of the ISA standards is available in the Public Works Department.

b. Care and maintenance of street trees is the continuing duty and routine obligation of the property owner(s) abutting dedicated rights-of-way and utility easements that contain street trees. It is the duty of the owner(s) to keep the sidewalks which abut their property clean from branches, leaves, flowers, fruit or other organic material fallen on such sidewalks.

c. No person shall prevent, delay or interfere with the City or any agent acting on the City's behalf, while such agents are engaged in the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or private trees as authorized by this chapter.

d. Trees on private grounds having limbs projecting into the street right-of-way shall be pruned by the owners of the property to satisfy the clearance requirements set forth in this chapter. Whenever the owner(s) of private grounds neglect to adequately prune such trees, they may be declared a nuisance. Upon declaring a tree a public nuisance, the Public Works Director may order the pruning and/or treatment of such tree(s). All costs associated with the maintenance of nuisance trees as established in this chapter shall be borne by the owner of that property upon which such trees are located.

e. Whenever the owner(s) of private grounds neglect any street tree in the public right-of-way that fronts their property as provided in this chapter, such tree(s) may be declared a nuisance. Upon declaring a street tree a public nuisance, the Public Works Director may order the treatment of such tree(s). All costs associated with the maintenance of nuisance street trees shall be borne by the owner of that property which such trees front.

f. A private utility maintaining its utility system may prune to American National Standards Institute (ANSI) standards any tree located in the public right-of-way which interferes with any street light, pole, wire, cable, appliance or apparatus used in connection with, or as a part of, the utility system.

g. Topping of street trees and park trees is prohibited unless so ordered by the Public Works Director. Topping is an inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not include acceptable pruning practices as described in the ANSI A300 and ISA BMP pruning standards, such as crown reduction, utility pruning or crown cleaning to remove a safety hazard, dead or diseased material. Trees severely damaged by storms may be exempted from this section at the discretion of the Public Works Director. The person(s) responsible for violations of this provision shall be subject to fines and penalties.

h. In new partitions, subdivisions and planned unit developments, and any individual uses within any district, the developer shall be responsible for the care, maintenance including the first structural pruning to establish trees branch architectural structure and irrigation costs of all trees and landscaping within the public right-of-ways for a two-year period after the installation and acceptance of the street trees. A final inspection to determine street tree health and long term survivability shall be conducted at the end of the two-year maintenance period. The final street tree inspection shall be conducted by a qualified consulting ISA Board Certified Master Arborist or ASCA Registered Consulting Arborist or equivalent, with all associated costs borne by the developer. The arborist's report shall be submitted to the City for approval, and subsequent replanting of any noted landscape materials shall occur, prior to the City's final acceptance of public improvements or release of the pertinent maintenance bond.

(Ord. 582, 3/19/2024; Ord. 592, 6/3/2025)

§ 16.50.120 Parks.

Development shall comply with the Parks Master Plan.

(Ord. 582, 3/19/2024)

§ 16.50.130 Street lighting.

A. Purpose.

1. This section has been formulated to allow for the provision of street lighting for reasons of safety, health, peace and general welfare of all users and the citizens of and visitors to Happy Valley. It is the intent of this section that such lighting shall be provided by and through annexation of the City to Clackamas County Service District No. 5 (District) or its successor.

2. The rules and regulations set forth in this section are jointly established by the City, the District, or its successor, and Portland General Electric Co. (PGE) for all street lighting installation and service within the City.

B. Street Light Design Requirements.

1. Street lighting installations to be provided with light from dusk to dawn daily, activated by photoelectrical control.

2. Whenever any installation of street lighting is made, the City, in cooperation with the District and PGE, or its successor, shall approve the design for such lighting. Design drawings shall be submitted for review and approval and shall include a photometric plan and light pole details. In addition, street lighting design shall conform to the following requirements:

a. Street lighting shall be required only on public rights-of-way;

b. Illumination levels shall be guided by the recommendations of the most current edition of the "American National Standard—Standard Practice for Roadway Lighting";

c. The luminaire spacing may be modified to meet existing conditions such as utility poles, property lines, roadway geometry, trees, signs, buildings or any other obstacle within the right-of-way, at the discretion of the City.

C. Street Lighting Service.

1. New Development. For any subdivision of land or planned unit development, the landowner or developer, as a part of the minimum improvement standards, shall install street lighting on all public streets within the development. The recommended standards of this section and PGE shall be used for placement of light standards for uniformity of illumination.

2. Public Safety. Whenever the City determines that, in the interest of public safety, street lights should be installed anywhere in the City, the City Manager, or Public Works Director, or their designee, shall initiate the processes of both selection and installation of appropriate fixtures.

3. Installation and Maintenance. PGE shall install and maintain all materials and equipment. This includes lamp replacement on burnouts as soon as reasonably possible after notification.

D. Special Lighting.

1. Special lighting different from these standards may be approved by the review body when used for lighting parks, picnic areas, entrance areas of a subdivision and other areas requiring special lighting. Such lighting shall not be a part of the lighting district and shall be separately metered and paid for by the homeowners' association or those residents benefiting from the special lighting.

2. Any lighting proposed by a landowner or developer for any open space whether public or private in a subdivision or planned unit development shall be reviewed by the City and either approved or denied as a part of Section 16.63.060. All lighting in open spaces should contribute to the safety, health, peace and general welfare of all users and the citizens of and visitors to Happy Valley.

E. Standards for Materials and Equipment for Street Lighting.

1. Local private and public residential and neighborhood streets outside of new subdivisions/PUDs, and excluding properties annexed to the City after August 1, 2003 and properties located in the Rock Creek and East Happy Valley Comprehensive Plan areas:

a. Poles (new or replacement): Fiberglass poles meeting PGE specifications, 30 foot overall length for 25 foot mounting height. Color to be bronze. Special poles may be required for minor arterials at the discretion of the City;

b. Bracket: An eight-inch arm pursuant to PGE specifications;

c. Luminaire: Shoebox luminaire having a drop lens or flat lens, as required;

d. Lamp: High pressure sodium vapor. Wattage of lamps to vary with design requirements, street designation and location;

e. All other standards for materials and equipment other than those set forth above shall be those established by the District in cooperation with PGE.

2. Local private and public residential and neighborhood streets including all developments within properties annexed to the City after August 1, 2003 and within the City's Urban Growth Management Area:

a. Poles (new): Decorative King Aurora pole, or currently approved style, luminaire, lamp and all other standards for materials and equipment as established by Clackamas County Service District No. 5 and Portland General Electric.

3. Collector Streets, Minor Arterials, and Major Arterials. Lighting fixtures and equipment must be identified on the current PGE approved fixture list and must be further approved by the City of Happy Valley Public Works Director and the District.

F. Financing.

1. Method. The method of financing the installation, operation and maintenance of street lighting service facilities shall be by annual assessment against property benefited by street lighting. Property considered benefited by street lighting service is that property with access to a public right-of-way served with street lighting.

2. Means. Assessments shall be billed and collected with the property tax statement for Clackamas County and shall be identified on the statement as a special assessment for the District.

3. Rate Schedule. Rate schedules shall be classified according to the primary type of electrical distribution. All areas of similar service shall be placed into one of the rate schedules that follow:

a. Rate Schedule A. Lots which are served by utility owned luminaries mounted on existing electrical distribution poles with overhead service. Some street light only poles may be used.

b. Rate Schedule B. Lots which are served by utility owned luminaries mounted on underground served street light only poles.

c. Rate Schedule C. Any other area not conforming to one of the above rate schedules and/or served by optional equipment.

d. Rate Schedule D. Adjustment of rate schedules for street or other public area lighting or lighting alterations having a citywide benefit.

4. Rate. Rates for each schedule shall be established on the basis of City and District cost for equipment, maintenance, energy and administration.

5. Benefit. All lots in each of rate schedules A, B and D are considered to be equally benefited without regard to frontage, lot size or luminaire size, spacing and location. All lots in rate schedule C are considered to be benefited according to the amount of frontage abutting the public right-of-way served by street lighting, without regard to lot size or luminaire size, spacing and location.

6. Initial Assessments. Assessments for new installations shall begin on July 1st following the installation. The initial assessment rate shall include a prorated amount from any prior fractional year of service plus the current rate established for the tax year beginning July 1st.

7. Special Conditions. Owners requesting street light installation shall be assessed for costs associated with trenching, conduit, transformers, restoration and any other initial cost of installation not provided for by State Schedule 91 for PGE. Installation costs shall be assessed by the same method as for street light services. Assessments may be eligible for Bancroft financing in accordance with the appropriate state statute.

G. Removal.

1. Request. Whenever any interested person requests removal of street lights, the request shall be in petition form and shall contain the signatures of more than 50 percent of the owners of land to be affected by the street light removal. Petitions shall contain a description of the area as well as the reason for requesting such removal.

2. Removal. The City, before attempting to remove street lighting, shall:

a. Provide for notice to affected owners of the intention to remove street lighting and to assess affected property for all of the cost;

b. Provide the affected owners with an estimate of the cost of removal;

c. Provide for a hearing at which time affected owners may appear to object to the removal of street lighting.

3. Notice. Notice shall be by first class mail to the name and mailing address of each owner as listed by the tax assessor of Clackamas County.

4. Cost. If street lighting is removed at the request of the affected owners, a charge shall be made consisting of the installed cost, less accrued depreciation and less salvage value, and plus cost of removal.

5. Payment. Removal costs shall be assessed by the same method as for street light service. Assessments may be eligible for Bancroft financing in accordance with the appropriate state statute.

(Ord. 582, 3/19/2024)