This chapter governs planning and design standards for public
and private transportation facilities and utilities.
(Ord. 389 § 1(Exh. A),
2009; Ord. 439 § 1(Exh.
B), 2013)
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)
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.
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:
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.
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.
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)
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)
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.
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)
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)
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)
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)
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.
The
height and length of retaining walls visible from public areas including
public streets and/or abutting private properties shall be minimized
and screened with appropriate landscaping, to be reviewed and approved
by the Planning Official. Retaining walls shall incorporate, where
possible, design elements of other architectural or natural features
of the project.
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.
Placement
and design of retaining walls over four feet in height requires approval
through the design review process.
G.
Retaining
walls over four feet in height shall be set back from the property
line, including property lines that are the shared property line/public
right-of-way, a minimum distance of two feet or one-half of the retaining
wall height, whichever is greater, except where a recorded slope easement
exists and/or a maintenance agreement for the wall is in place. If
said easement(s) exist, the one-half height distance may be exempted
at the discretion of the Building Official or City Engineer. Maintenance
agreements for retaining walls abutting the public right-of-way shall
be the sole responsibility of the property owner.
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(Exh. A),
2009; Ord. 422 § 1, 2012; Ord. 439 § 1(Exh. B), 2013; Ord. 501 § 1, 2016; Ord. 526 § 1, 2017; Ord. 556 § 1, 2021)
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.
Corners, Driveways, Fire Hydrants and Street Lights. No street trees shall be planted closer than 35 feet from any street corner, measured back from the point of intersecting curbs or curb lines. Vision clearance shall be provided pursuant to standards in Section 16.50.030(B).
e.
Street Tree Spacing. Street trees in planter strips shall be
placed at a maximum of 30 feet on-center and located in accordance
with the requirements contained in this chapter. 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)
Development shall comply with the Parks Master Plan.
(Ord. 582, 3/19/2024)
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)
