Chapter 16.63 LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS

The purpose of this chapter is to:

Provide rules, regulations and standards governing the approval of subdivisions, partitions and lot line adjustments, as defined below and in Chapter 16.12:

Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year,

Partitions are the creation of three or fewer lots within one calendar year,

Lot line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots);

Carry out the City's development pattern, as envisioned by the City's Comprehensive Plan; this title and adopted master plans;

Encourage efficient use of land resources, full utilization of urban services, and transportation options;

Promote the public health, safety and general welfare through orderly and efficient urbanization;

Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards; and

Encourage the conservation of energy resources.

(Ord. 389 § 1(Exh. A), 2009)

§ 16.63.020 General requirements.

Subdivision and Partition Approval Through Two-step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:

The preliminary plat must be approved before the final plat can be submitted for approval consideration; and

The final plat must include all conditions of approval of the preliminary plat.

The following conditions, regulations and restrictions shall apply to all methods of development:

No person shall dispose of, transfer, sell or agree, offer or negotiate to sell any lot in any subdivision until the final plat of the subdivision has been acknowledged and recorded with the Clackamas County Clerk's office.

No person shall dispose of, transfer, sell or agree, offer or negotiate to sell any lot in any subdivision by reference to or exhibition or other use of a plat of such subdivision before the final plat for such subdivision has been so recorded.

A person may offer or negotiate to sell any parcel in a partition prior to approval of the tentative plan for the partition, but no person may dispose of, transfer, sell, or agree to sell any parcel in a partition prior to such approval.

All planned unit developments (PUDs), subdivisions, master plans and partitions which are developed pursuant to this Development Code must also be in conformance with the Happy Valley Comprehensive Plan and this title.

Building permits that are requested for lots which are not in conformance to this title shall not be issued unless the lot is a pre-existing lot of record prior to the enactment of this title.

All subdivisions, master plans and partitions using subsurface sewerage disposal methods shall be developed pursuant to the appropriate State, County and City regulations.

Any parcel or tract to be developed using the facilities of a community sewerage agency shall be developed pursuant to the appropriate City and agency regulations.

Compliance With ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in Oregon Revised Statute (ORS) Chapter 92, Subdivisions and Partitions.

Future Re-division Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200% the minimum lot size allowed by the underlying land use district), the City shall require that the lots be of such size, shape, and orientation as to facilitate future re-division in accordance with the requirements of the land use district and this Code. A re-division plan shall be submitted for large lots identifying:

Potential future lot division(s), consistent with the density and lot size standards of Article 16.2;

Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way;

A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the City or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.

Lot Size Averaging. Single-family residential lot size may be averaged to allow lots less than the minimum lot size in residential districts, as provided by Section 16.63.030, Flexible Lot Size, or through approval of a master planned development under Chapter 16.65.

Density and Open Space Transfer Limitation.

Development may be clustered on site in order to avoid constrained or partially constrained land pursuant to the PUD process. The minimum and maximum number of dwelling units permitted on a site is limited by the number of units allowed by the applicable zoning district(s) and the amount of buildable land. The density of a site is determined by adding the number of units allowed on constrained and unconstrained portions of the site. Constrained land includes any portion of the site with one or more of the following characteristics:

Public facilities in a tract, including stormwater treatment;

Public and private right-of-way;

Land constrained by the Steep Slopes Development Overlay Zone in Chapter 16.32;

Land constrained by the Natural Resources Overlay Zone in Chapter 16.34;

Upon approval of the Planning Official, any lands where development of structures requiring a building permit is prohibited due to an easement and is similar in nature to subsections (F)(1)(a)—(d) above.

No density is allowed within constrained land except for the reduced rate within the Steep Slopes Development Overlay Zone and the Natural Resources Overlay Zone per LDC Section 16.32.090 and/or Section 16.34.050. Land constrained by both overlays shall use the calculation resulting in the lowest number of units. There is no minimum density requirement for constrained or partially constrained lands. The density within each overlay may be transferred to portions of the site outside of the Natural Resources Overlay Zone or Steep Slopes Development Overlay Zone through the PUD or Design Review process. The density transferred to the unconstrained portions of the site shall not exceed 175 percent of the density permitted by the underlying zoning district. When a development district allows for different densities based on use, the density calculations shall be calculated based on the proportion of those uses which are represented within that development district in the project area. Resulting density calculations shall be rounded down to the nearest whole dwelling unit.

In the case of a partition, where the City is requiring the dedication of public right-of-way along an existing roadway, the dedicated public right-of-way may be included in the calculation for the purposes of calculating density or satisfying minimum lot size of the adjacent property.

Temporary Sales Office. A temporary sales office in conjunction with a subdivision may be approved as set forth in Section 16.69.010, Temporary use permits.

Minimize Flood Damage. All subdivisions and partitions shall be designed based on the need to minimize the risk of flood damage. No new building lots shall be created entirely within a floodway. All new lots shall be buildable without requiring development within the floodway and, where possible, allow building outside of the flood fringe. Development in a 100-year floodplain shall comply with the National Flood Insurance Program and State Building Code requirements, including elevating structures above the base flood elevation. The applicant shall be responsible for obtaining floodplain development permit from the NFIP and local jurisdiction.

Determination of Base Flood Elevation. Where a development site consists of five or more acres or 50 or more lots, and is located in or near areas prone to inundation for which the base flood elevation has not been mapped, the applicant shall have the base flood elevation it shall be prepared by a qualified professional as part of the land division application.

Need for Adequate Utilities. All lots created through a land division shall have adequate public utilities and facilities such as sewer, and water systems per Chapter 16.50. These systems shall be located and constructed to prevent or minimize flood damage, and to avoid impairment of the system and contamination from them during flooding.

Need for Adequate Drainage. All lots created through a land division shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality per Chapter 16.50. Water quality or quantity control improvements may be required.

Floodplain, Park, and Open Space Dedications. Where land filling and/or development is allowed within or adjacent to regulatory floodplain and the Comprehensive Plan designates the subject floodplain for park, open space, or trail use, the City may require the dedication of sufficient open land area for a greenway and/or trail adjoining or within the floodplain for transportation, storm drainage/water quality, or park purposes in the public interest. When practicable, this area shall include portions at a suitable elevation for the construction of a multi-use pathway in accordance with the City's adopted trails plan or pedestrian and bikeway plans, as applicable. The City shall evaluate individual development proposals and determine whether the dedication of land is justified based on the development's impact to the park and/or trail system, or stormwater management requirements, consistent with Section 16.50.030, and assist in obtaining any floodplain permit that may be required.

Lands Subject to Hazardous Conditions. Any land area within the City which has been determined to be unbuildable pursuant to the City's Comprehensive Plan and Development Code shall be developed for building purposes only when adequate methods for mitigating the hazards are submitted, reviewed and approved by all appropriate agencies. The appropriate agencies, including the City Engineer, shall use as their review and approval criteria the pertinent sections of the applicable codes, ordinances, laws, statutes, administrative policies and rules, and other applicable documents. Land areas determined not to be buildable may be utilized to help complete or fulfill a requirement for the provision of open space, if a maintenance agreement is provided by the property owner and approved by the City Engineer.

Variation of Design. No two directly adjacent buildings in a land division of more than 50 lots may have the same front or street-facing façade. This standard is met when street-facing façades differ from one another by a minimum of three of the elements listed in subsections (N)(1)—(7) below. Mirrored/flipped floorplans are not allowed.

Different exterior cladding materials, a different combination of materials, or significantly different dimensions, spacing, or arrangement of the same materials.

Different offsets, recesses, or projections; or the building elevations break in different places.

Different roof forms (e.g., gable versus gambrel or hip), different orientation (e.g., front-facing versus side-facing gable), different roof projections (e.g., with and without dormer or shed, or different type of dormer or shed), or different roof pitch by more than two feet of vertical rise to 12 feet of horizontal run.

Different configuration or detailing of the front porch or covered entrance.

Different placement, shape, or orientation of windows or different placement of doors.

Different number of building stories.

Different garage orientation (e.g., front, side, rear).

(Ord. 389 § 1, 2009; Ord. 398 § 1, 2010; Ord. 468 § 1, 2014; Ord. 501 § 1, 2016; Ord. 539 § 1, 2018; Ord. 566 § 1, 2022; Ord. 582, 3/19/2024; Ord. 592, 6/3/2025)

§ 16.63.030 Flexible lot size—Flag lots—Lots accessed by mid-block lanes.

Flexible Lot Size. To allow creativity and flexibility in subdivision design and to address physical constraints, such as topography, existing development, significant trees and other natural and built features, the approval body may grant a 10% modification to the lot area and/or lot dimension (width/depth) standards in Chapter 16.22, provided that: the overall density of the subdivision does not exceed the allowable density of the district; the minimum lot size for single-family detached lots is not less than 5,000 square feet within 80% of the net developable area of the subject development (and within the 20% remainder area, lot sizes may decrease by a maximum of 10%); and the approval body finds that granting the modification allows for a greater variety of housing types or it improves development compatibility with natural features or adjacent land uses. In addition, the approval body may require that standard size lots be placed at the perimeter of the development where the abutting lots are standard size or larger; except that this provision shall not apply where the abutting lots are larger than 20,000 square feet.

Mid-block Lanes. Lots may be developed without frontage onto a public street when lot access is provided by mid-block lanes, as shown below. Mid-block lanes or shared driveways, as illustrated in Figure 16.63.030-1, may be required when practicable to provide connectivity between infill developments. Mid-block lanes with access easements for adjoining properties may be allowed as an alternative to requiring through streets where block lengths do not necessitate a through street. The lanes shall meet the standards for alleys, pursuant to Chapter 16.41, Section 16.50.030, and the specific standards in the Happy Valley Transportation Plan, and the standards under subsections C through F.

Figure 16.63.030-1 Mid-block Infill

Flag Lots. Flag lots may be created only when a through street or mid-block lanes cannot be extended to serve abutting uses or future development. A flag lot driveway ("flag pole") may serve no more than two dwelling units, including accessory dwellings and dwellings on individual lots, unless Uniform Fire Code (UFC) standards are met for more units. When UFC standards are met, the maximum number of dwellings shall be four. A drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots. No fence, structure or other obstacle shall be placed within the drive area. The Fire Marshal may require an emergency turnaround. Fire sprinklers may also be required for buildings that cannot be fully served by fire hydrants (i.e., due to distance from hydrant or insufficient fire flow). The required minimum lot area is the same as that required by the development district in which the lot is located. When calculating lot area, only the flag portion of the lot is counted, not the flag pole.

Driveway and Lane Width. The minimum paved width of all shared drives and lanes shall be 12 feet within a 20 foot easement, and may serve up to two dwelling units, or as required by the Uniform Fire Code.

Easement and Improvement of Drive Lane. The developer or property owner shall record a 20 foot easement benefiting all properties that are to receive vehicle access. All drive lanes shall be improved with an all weather surface approved by the City. Recording of easements or separate tracts, as applicable, shall be so indicated on the face of the subdivision or partition plat.

Maximum Drive Lane Length. The maximum drive lane length is subject to requirements of Clackamas Fire District No. 1.

Future Street Plans. Building placement and alignment of shared drives shall be designed so that future street connections can be made as surrounding properties develop (i.e., as shown in the Figure 16.63.030-1).

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

§ 16.63.040 Preliminary plat approval process.

Review of Preliminary Plat. Review of a preliminary plat that creates, removes, or adjusts lots or parcels shall be processed under Section 16.61.010 in accordance with this title.

Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed using the approval criteria in Section 16.63.080 and do not require a Land Use Review pursuant to ORS 197.015.

Preliminary Plat Approval Period. The preliminary plat shall lapse if within three years of the date of the final decision for all land divisions, property line adjustments, abandonments, or replat, the plat or survey approved in the decision has not been submitted to the Clackamas County Surveyors Office for recording. The plat or survey shall be recorded within five years of date of the final decision.

Modifications. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in Chapter 16.66, Modifications.

Phased Development.

The City may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be more than seven years without reapplying for preliminary plat approval.

The criteria for approving a phased land division proposal are:

Public facilities shall be constructed in conjunction with or prior to each phase;

The development and occupancy of any phase dependent on the use of temporary public facilities shall require approval by the City Engineer, Building Official and any applicable service provider. Temporary facilities shall be approved only upon City receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with Section 16.50.080. A temporary public facility is any facility not constructed to the applicable City or district standard;

The phased development shall not result in requiring the City or a third party (e.g., owners of lots) to construct public facilities that were required as part of the approved development proposal; and

The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary plat application, and the decision may be appealed in the same manner as the preliminary plat.

(Ord. 389 § 1(Exh. A), 2009; Ord. 406 § 1, 2010; Ord. 501 § 1, 2016; Ord. 539 § 1, 2018; Ord. 582, 3/19/2024)

§ 16.63.050 Preliminary plat submission requirements.

General Submission Requirements.

Partitions.

Document Requirements. For all partitions (three or fewer parcels), the application shall contain all of the information required for a Type II procedure under Section 16.61.030. In addition, electronic copies of all documents formatted to be able to be printed at "full size" (24 by 36 inches) and "one-half size" (11 by 17 inches) and maintain a standard engineering scale at printed size.

Neighborhood Circulation Plan. All partition proposals shall include neighborhood circulation plans that conceptualize future street plans and lot patterns to undeveloped parcels within 500 feet of the subject site. Circulation plans shall address future vehicular/bicycle/pedestrian transportation systems including bike lanes, sidewalks, bicycle/pedestrian paths, and destination points. A circulation plan is conceptual in that its adoption does not establish a precise alignment. An applicant for a partition is required to submit a circulation plan unless the applicant demonstrates to the Planning Official (or designee) one of the following:

An existing street or proposed new street need not continue beyond the land to be divided in order to complete or extend an appropriate street system or to provide access to adjacent parcels within 500 feet of the proposed development; or

ii.

The proposed street layout is consistent with a street pattern adopted as part of the City's transportation system plan, or a previously adopted circulation plan.

Subdivisions-Document Requirements. For all subdivisions (four or more lots), the application shall contain all of the information required for a Type II procedure under Section 16.61.030. In addition, electronic copies of all documents formatted to be able to be printed at "full size" (24 by 36 inches) and "one-half size" (11 by 17 inches) and maintain a standard engineering scale at printed size. The total information packet shall include the information in subsections a through h, below:

Public Facilities and Services Impact Study. The impact study shall quantify and assess the effect of the development on public facilities and services. The City shall advise as to the scope of the study during the required pre-application conference (Section 16.61.060(C)). The study shall address, at a minimum, the transportation system, including pedestrian ways and bikeways, the drainage system, the parks system, the water system, and the sewer system. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users and shall include a discussion of the system's capacity to serve the additional development, and of the need for annexation into any service district;

Traffic Impact Study. Traffic impact studies shall conform to the standards and procedures in Section 16.61.090.

Stormwater and Drainage Plans. Hydrologic consideration shall include the effect upon the watershed in which the project is located, the effect upon the immediate area's stormwater drainage pattern of flow, the impact of the proposed development upon downstream area, and the effect upon the groundwater supply.

Geotechnical Analysis. Geotechnical considerations shall include the erosion potential, stability, bearing qualities of the soil, and geologic formations; soil permeability and infiltration rates; and the soil quality for the proposed use.

Wetland and Riparian Corridor Analysis. Vegetation and wildlife considerations shall include: wildlife habitat, wetland areas, rare or endangered animal or plant species, unique vegetation communities, areas subject to low revegetation, trees over six inches in diameter at four feet height, other significant vegetation, and areas of educational potential. The impact of the proposed development on the above considerations both on the site and on adjacent properties shall be assessed, and proposed measures for mitigating any adverse impacts shall be described.

Neighborhood Circulation Plan. All subdivision and PUD proposals shall include neighborhood circulation plans that conceptualize future street plans and lot patterns to undeveloped parcels within 500 feet of the subject site. Circulation plans address future vehicular/bicycle/pedestrian transportation systems including bike lanes, sidewalks, bicycle/pedestrian paths, and destination points. A circulation plan is conceptual in that its adoption does not establish a precise alignment. An applicant for a subdivision or PUD is required to submit a circulation plan unless the applicant demonstrates to the Planning Official (or designee) one of the following:

ii.

The proposed street layout is consistent with a street pattern adopted as part of the City's transportation system plan, or a previously adopted circulation plan.

The developer shall submit a narrative which includes a description of how the project complies with the City Comprehensive Plan and land development ordinances and with all of the preliminary plat conditions of approval set by the City Planning Commission.

Bylaw Requirements. If a homeowners association is required, a copy of the preliminary draft, their contracts and/or bylaws, shall be submitted with the preliminary subdivision plat or planned unit development plan.

Preliminary Plat Information. In addition to the general information described in subsection A above, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information:

General Information.

Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in Clackamas County (please check with County Surveyor);

Date, north arrow, and scale of drawing;

Location of the development sufficient to define its location in the City, boundaries, and a legal description of the site;

A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the designer, and engineer and surveyor if any, and the date of the survey if submitted; and

Identification of the drawing as a "preliminary plat."

Site Analysis.

Streets. Location, name, present width of all streets, alleys and rights-of-way on and abutting the site;

Easements. Width, location and purpose of all existing easements of record on and abutting the site;

Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;

Topographic survey data shown by contour lines at five-foot vertical intervals for ground slopes 15% and greater, and at two-foot intervals for ground slopes of less than 15% or as required by the City. Survey data must be provided for the subject property and the surrounding area up to a distance of 200 feet from the property lines. Survey data shall be related to some established benchmark or other datum approved by the County Surveyor. This requirement may be waived for partitions when grades, on average, are less than six percent;

The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);

Potential natural hazard areas, including any floodplains, areas subject to high water table, landslide areas, and areas having a high erosion potential;

Natural resource areas, including wetland areas, streams, wildlife habitat, and other areas identified by the City or natural resource regulatory agencies as requiring protection. (See also Article 16.3 and relevant portions of the Comprehensive Plan.);

Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainageways, canals and ditches;

Designated historic and cultural resources on the site and adjacent parcels or lots;

The location, size and species of trees having a caliper (diameter) of six inches or greater at four feet above grade in conformance with Chapter 16.42;

North arrow and scale;

Name and address of project designer, if applicable; and

Other information, as deemed appropriate by the Planning Official. The City may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

Proposed Improvements.

Public and Private Streets, Tracts, Driveways, Open Space and park Land; Location, Names, Right-of-Way Dimensions, Approximate Radius of Street Curves; and Approximate Finished Street Centerline Grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;

Easements. Location, width and purpose of all proposed easements;

Lots and Private Tracts (e.g., Private Open Space, Common Area, or Street). Approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all proposed lots and tracts;

Proposed uses of the property, including all areas proposed to be dedicated to the public or reserved as open space for the purpose of surface water management, recreation, or other use; potential location of future buildings;

Proposed improvements, as required by Article 16.4 (Community Design Standards), and timing of improvements (e.g., in the case of streets, sidewalks, street trees, utilities, etc.);

Preliminary location of development showing those future buildings can meet siting and dimensional standards of the district;

The proposed source of domestic water;

The proposed method of sewage disposal;

Proposed method of surface water drainage and treatment if required;

The approximate location and identity of other utilities, including the locations of street lighting fixtures;

Proposed railroad crossing or modifications to an existing crossing, if any, and evidence of contact with the affected railroad and the Oregon Department of Transportation Rail Division regarding proposed railroad crossing(s);

Changes to navigable streams, or other watercourses. Status of public access to these areas shall be shown on the preliminary plat, as applicable;

Identification of the base flood elevation for development of more than two lots or one-half acre, whichever is less. Written evidence of initiation of a Federal Emergency Management Agency (FEMA) floodplain map amendment shall be required when development is proposed to modify a designated 100-year floodplain. FEMA approval of the amendment shall be a condition of City land use approval;

Evidence of contact with/from the road authority for any development requiring access to its facility(ies); and

Evidence of written notice to the applicable natural resource regulatory agency(ies) for any development within or adjacent to jurisdictional wetlands and other sensitive lands (see Article 16.3).

Upon the discretion of the Planning Official or designee, the applicant may be required to provide a building footprint analysis, demonstrating that proposed lots may accommodate a typical building footprint common to the Happy Valley area, that conforms with the underlying lot setbacks.

(Ord. 389 § 1(Exh. A), 2009; Ord. 501 § 1, 2016; Ord. 521 § 3, 2017; Ord. 539 § 1, 2018; Ord. 582, 3/19/2024)

§ 16.63.060 Approval criteria—Preliminary plat.

General Approval Criteria. The City may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:

The proposed preliminary plat complies with the applicable Development Code sections and all other applicable ordinances and regulations. At a minimum, the provisions of this article, and the applicable chapters and sections of Article 16.2 (Land Use Districts), Article 16.3 (Specific Area Plan Districts and Overlay Zones), and Article 16.4 (Community Design Standards) shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant sections of Article 16.7;

The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;

The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat;

All proposed private common areas and improvements (e.g., homeowner association property) are identified on the preliminary plat;

Evidence that any required State and Federal permits have been obtained, or shall be obtained before approval of the final plat;

Evidence that improvements or conditions required by the City, road authority, Clackamas County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and

If any part of the site is located within a specific area plan district, overlay zone, or previously approved master planned development, it shall conform to the applicable regulations and/or conditions.

Layout and Design of Streets, Blocks and Lots. All proposed blocks, lots and parcels conform to the specific requirements below:

All lots shall comply with the lot area, setback, and dimensional requirements of the applicable land use district (Article 16.2) and Section 16.50.030, Transportation standards, with the exception of lots created specifically for the purposes of fee acquisition in conjunction with either public or private utility projects, which may be any size.

Setbacks shall be as required by the applicable land use district (Article 16.2).

Each lot shall conform to the standards of Chapter 16.41, Access and Circulation.

Landscape or other screening may be required to maintain privacy for abutting uses. See Article 16.2, Land Use Districts, and Chapter 16.42, Landscaping.

In conformance with the Uniform Fire Code, a 20 foot width fire apparatus access drive shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way, private street or approved access drive. See Chapter 16.41, Access and Circulation.

Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved subdivision or partition plat.

All applicable engineering design standards for streets, utilities, surface water management, and easements shall be met.

All cuts and fills shall comply with the standards and provisions in Section 16.50.100.

Easement Provisions. The following shall govern the location, improvement and layout of easements:

Utilities. Easements for utilities shall be provided on side and rear lot lines where deemed necessary by the appropriate service providers. Insofar as possible, easements shall be continuous, aligned from block to block within the development and compatible with adjoining existing developments. All easements shall not be less than five feet in width.

Unusual Facilities. Easements for unusual facilities such as high voltage electric transmission lines, drainage canals or pondage areas shall be of such width as is determined adequate by the responsible agency, including any necessary maintenance roads. These shall be fully designated upon the final plat or map, as to their use, purpose and ownership.

Watercourses. Where a development is traversed or bounded by a watercourse, drainageway, wasteway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the line of such watercourse, drainageway, channel or stream and of such width for construction, maintenance and control as will be adequate for the purpose as required by the responsible agency. For those developments which are bounded by a stream, stream bank easements shall be required for pedestrian paths. The width of watercourse easements shall be determined by the City and the developer using Chapter 16.50 and the Happy Valley drainage study as guides to the establishment of such easements.

Conservation. There shall be provided within any subdivision or planned unit development which borders or has within its boundaries a lake, pond, wetland or perennial stream, a conservation easement of 30 feet in width along both sides of the lake or stream within which building construction shall not be allowed. The dimension shall be measured from the known or documented high water mark. The conservation easement shall be held by the homeowner's association, if any, or dedicated to the City. Necessary maintenance shall be provided by the grantor of the easement.

Minimum Improvement Standards.

All new street improvements shall conform with the adopted minimum installation, material and construction standards for all public street improvements pursuant to Chapter 16.50, the Happy Valley Transportation System Plan, and the City's Engineering Design Standards Details Manual.

All new streets within proposed subdivisions and PUDs shall be developed as City streets regardless of the size of the total development or the average lot size within the development; such developments may have private streets developed within them as approved by the City and pursuant to the criteria of Section 16.50.030; and

It shall clearly state on the final plat all the reservations and restrictions relating to such private streets;

A private street shall provide access to no more than five dwelling units;

Private streets may not constitute the total length of roads within a planned unit development;

To insure maintenance of such private roads there shall be established within the organization of any land division a legal and permanent procedure to insure said maintenance. Such procedure shall be prepared by the developer and/or property owner and approved by the City.

All streets within all proposed partitions, subdivisions and planned unit developments shall be a continuation of a County road or City street. A private street may serve a partition if the extension of a public street is not possible, but must meet the private street standards as described in subsection (D)(2) of this section. All new streets shall be compatible with and in accordance with the City's existing street development pattern and the adopted transportation plan.

County Surveyor's Requirements. The Clackamas County Surveyor shall require that all surveying and monumentation be pursuant to the appropriate State statutes.

Conditions of Approval.

The City may attach such conditions as are necessary to carry out provisions of this Code, and other applicable ordinances and regulations, and may require reserve strips be granted to the City for the purpose of controlling access to adjoining undeveloped properties. See Chapter 16.50 (Public Facilities).

As a condition of any approval, a waiver of remonstrance against the formation of a local improvement district for the construction, improvement or extension of Level I and Level II services which benefit the property owner shall be required by the City.

In situations where this Code requires the dedication of real property to the City, the City shall either: (a) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (b) delete the dedication as a condition of approval.

(Ord. 389 § 1(Exh. A), 2009; Ord. 439 § 1(Exh. B), 2013; Ord. 468 § 1, 2014)

§ 16.63.070 Variances authorized.

Variances to the standards of this chapter shall be processed in accordance with Chapter 16.71, Variances. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted, and the applications shall be reviewed together.

(Ord. 389 § 1(Exh. A), 2009)

§ 16.63.080 Final plat submission requirements and approval criteria.

Submission Requirements. Final plats shall be reviewed and approved by the City prior to recording with Clackamas County. The applicant shall submit the final plat within two years of the approval of the preliminary plat as provided by Section 16.63.040. Specific information about the format and size of the plat, number of copies and other detailed information can be obtained from the Planning Official.

Approval Criteria. The Planning Official and City Engineer shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria:

The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;

All public improvements required by the preliminary plat have been installed and approved by the City Engineer or appropriate service provider (e.g., road authority). Alternatively, if 80% of the required public improvements are complete, and the developer has provided a performance guarantee for the incomplete work in accordance with Section 16.63.100;

The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;

The streets and roads held for private uses have been approved by the City as conforming to the preliminary plat;

The plat and deed contain a dedication to the public of all public improvements, including, but not limited to, streets, public pathways and trails, access reserve strips, parks, sewage disposal storm drainage and water supply systems;

The applicant has provided copies of all recorded homeowners association covenants, conditions and restrictions (CC&Rs); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.); and other recorded documents pertaining to common improvements recorded and referenced on the plat;

The plat complies with the applicable sections of this Code (i.e., there have been no changes in land use or development resulting in a Code violation since preliminary plat approval);

Certification by the City or service district, as applicable, that water and sanitary sewer service is available to every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider/partitioner to the City that such services will be installed in accordance with Chapter 16.50, Public Facilities, and the bond requirements of Section 16.63.100. The amount of the bond, contract or other assurance by the subdivider/partitioner shall be determined by a registered professional engineer, subject to review and approval by the City;

The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner established by the U.S. Geological Survey, or giving two or more permanent objects for identifying its location.

(Ord. 389 § 1(Exh. A), 2009; Ord. 433 § 1, 2013; Ord. 439 § 1(Exh. B), 2013)

§ 16.63.090 Public improvements required.

Before City approval is certified on the final plat, all required public improvements shall be installed, inspected, and approved. Alternatively, if 80% of the required public improvements are complete, the subdivider/partitioner shall provide a performance guarantee for the incomplete work, in accordance with Section 16.63.100.

(Ord. 389 § 1(Exh. A), 2009; Ord. 433 § 1, 2013; Ord. 439 § 1(Exh. B), 2013)

§ 16.63.100 Performance guarantee.

Performance Guarantee Required. When a performance guarantee is required under Section 16.63.090, the subdivider/partitioner shall file an assurance of performance with the City pursuant to Section 16.50.080.

(Ord. 389 § 1(Exh. A), 2009)

§ 16.63.110 Filing and recording.

Filing Plat with County. Within 60 days of the City approval of the final plat, the applicant shall submit the final plat to Clackamas County for signatures of County officials as required by ORS Chapter 92.

Proof of Recording. Upon final recording with the County, the applicant shall submit to the City a mylar copy and three paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.

Prerequisites to Recording the Plat.

No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92;

No plat shall be recorded until it is approved by the County Surveyor in the manner provided by ORS Chapter 92.

(Ord. 389 § 1(Exh. A), 2009)

§ 16.63.120 Re-platting and vacation of plats.

Re-platting and Vacations. Any plat or portion thereof may be re-platted or vacated upon receiving an application signed by all of the owners as appearing on the deed.

Procedure. All applications for a re-plat or vacation of a plat shall be processed in accordance with the procedures and standards for a plat vacation, street vacation, property line adjustment (including "replat") (See Chapter 16.61, Types of Review Procedures). The road authority(ies) shall be notified of all applications for re-plats and street vacations. All street vacations shall also conform to the ORS Chapter 271.

Basis for Denial. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable criteria.

Recording of Vacations. All approved plat vacations shall be recorded in accordance with Section 16.63.110 and the following procedures:

Once recorded, a re-plat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

Vacations shall also divest all public rights in the streets, alleys and public grounds, and all dedications described on the plat.

After Sale of Lots. When lots have been sold, the plat may be vacated only in the manner herein, and provided that all of the owners of lots within the platted area consent in writing to the plat vacation.

Street Requirement. Except as prohibited by law (e.g., ORS 92.837, Manufactured Home Park), in approving a right-of-way vacation or re-plat, the City may require dedication of access ways, paths or trails as a condition of the vacation of any public easement or right-of-way, in order to establish or maintain a safe, convenient and direct pedestrian and bicycle circulation system. Such requirements shall be coordinated with the applicable road authority.

(Ord. 389 § 1(Exh. A), 2009; Ord. 406 § 1, 2010)

§ 16.63.130 Planned unit development.

Purpose. This section of the Code serves to specify the purposes, objectives, procedures, standards, requirements, conditions and other information necessary to accomplish a planned unit development (PUD). The purpose and intent of this section is to allow an alternative to the traditional subdivision that encourages conservation of natural features by relating design to the existing landscape; through the efficient use of land and public services (particularly, but not limited to situations where the existence of slopes, drainageways, or other natural features may preclude traditional subdivision design); and the creation of public and private common open space.

Objectives. The following, though not requirements, are the objectives of the PUD portion of this chapter and shall be utilized to realize the inherent advantages of coordinated, flexible, comprehensive, longrange planning of such development:

To provide more desirable living environments by preserving the natural character of open field, stands of trees, brooks, ponds, floodplains, hills and similar natural assets;

To encourage, with regard to residential use, the provision of open space and the development of recreational facilities in a generally central location and within reasonable distance of all living units;

To encourage developers to use a more creative and flexible approach in the development of living areas within the City;

To provide for more efficient and aesthetic use of open areas;

To encourage variety in the physical development pattern of the community by providing a variety and mixture of housing types and siting as well as the design of access and circulation.

Area of Applicability. PUDs may be established in residential, commercial or industrial districts on parcels of land, which are suitable for and of sufficient size to be planned and developed in a manner consistent with the purposes and objectives of this section.

All residential developments shall be developed as PUDs pursuant to the provisions in Section 16.63.130 whenever one or more of the following criteria apply:

Any site larger than two acres where a minimum of 10% of the site contains environmentally constrained areas subject to Chapters 16.35 and/or Sections 16.34.010 through 16.34.080;

All properties, either individual tax lots or contiguous lots under common ownership, consisting of 50 or more acres on which are proposed to be developed more than 100 units;

Any development utilizing density transfer pursuant to the provisions of Chapter 16.63.

Necessity for Application. For the purpose of considering any planned unit development, the developer may apply to the City at any time after the pre-application conference and review, using such forms as may be provided for the processing of a preliminary planned unit development. If the planned unit development includes a subdivision, one form for both purposes will be satisfactory.

Filing Requirements.

These requirements shall be the same as found in Section 16.63.050.

At the time of formal application, the developer shall submit the following plan elements in detailed graphic form:

Proposed land use and densities (see Section 16.63.020(F) for density and calculations);

Building types and densities;

Circulation pattern;

Parks, playgrounds, open space, land dedication and easements;

Existing natural features;

Related land maps (topography, etc.);

Location, arrangement, etc. of auto parking;

Preliminary renderings of typical buildings;

Preliminary tree planting schedule;

Preliminary landscape plan in accordance with the requirements of Chapter 16.42.

At the time of formal application, the developer shall submit the following program elements in detailed written form:

Proposed ownership pattern;

Operation and maintenance proposal;

Waste disposal facilities;

Lighting;

Water supply;

Tables illustrating acres for dwellings, off-street parking, streets, parks, playgrounds, dedicated lands, open space, schools and percentages of the gross and net development areas for each;

Tables illustrating overall density, density by dwelling types and details of any density bonus or calculations;

Preliminary documents providing for maintenance of open space and dedication of public spaces, development rights, easements, drainageways and land dedications or fees in lieu thereof;

General time table of development;

Qualifications of Proposed Design Team. All master plans for residential and neighborhood planned unit developments shall be prepared by professionals qualified in at least two of the four following: (i) a licensed architect, (ii) a registered professional engineer, (iii) a registered landscape architect, or (iv) a member of the American Planning Association;

Proof of authorization for the agent to act on the landowner's behalf, if appropriate, on a form supplied by the City, with all signatures notarized;

Stages of development and construction.

Distribution of Preliminary Subdivision Plats or Planned Unit Development Plans. As found in Section 16.63.050.

Approval Criteria.

The preliminary plat approval criteria as described in Section 16.63.030;

In considering the preliminary planned unit development proposal, the Planning Commission shall apply the following additional criteria when making a determination:

Density.

Density shall be calculated through Section 16.63.020(F).

ii.

Where any site contains more than one development district within its project boundaries, any density calculations shall be applied in the same proportion as that of the development district which are represented in the project area,

iii.

In any planned unit development, the total siting of density as calculated through Section 16.63.020(F) in any steep slopes and natural resource overlay area shall not exceed the net density of the applicable district.

iv.

If a use is proposed that is not permitted except through the Planned Unit Development process, the lowest density for the development district shall apply, based on the lower of minimum lot size or dwelling units per net acre.

Open Space.

All planned unit developments shall have a minimum of 20% of the development's gross land area dedicated to public or commonly held open space and/or recreational area. The extent to which any type of open space satisfies the total open space requirement shall be in the sole discretion of the City. This 20% requirement does not affect the density calculation.

(A)

Publicly dedicated open space must be adequate to carry out the Happy Valley Parks Master Plan, at the determination of the City. In all other instances, lands which are least suitable for development and/or which offer the greatest natural habitat potential should be given the highest priority for dedication as open space. Dedicated open space shall be suitable for linkage through a network of trails, bike paths, and greenways.

(B)

Considering the existing and planned public parks within the City, publicly dedicated open spaces within any PUD should focus on activities not otherwise available or planned for in existing and planned public parks.

ii.

Land area to be used for scenic, landscaping or open recreational purposes within the development shall not include streets, rights-of-way, driveways or parking spaces.

iii.

All open space areas shall be improved, preserved and maintained as a natural area and/or recreation area. All proposed open space areas that are identified as significant natural resources by the City's significant wetlands and riparian corridors map, the urban forestry plan tree inventory, or any other ordinance of the City, shall be enhanced, preserved and maintained as natural areas. Prior to preliminary plat approval, the applicant shall submit a landscape plan showing the required elements detailed below in the corresponding subsections (H)(2)(c) (Natural Area) and (H)(2)(d) (Recreational Area) for approval by the review body. Landscape plans shall incorporate existing natural features wherever possible.

iv.

All trees in open space areas, except hazard trees and trees in utility or access easements, over six inches in diameter at breast height (DBH) shall be retained on the site regardless of proposed use and incorporated into the required landscape plan. Open space areas shall provide assurance to the City for 125% of the estimated cost of the open space project through a bond, escrow account or certified letter of credit. Open space areas shall be completed as shown in the approved plans and inspected and approved by the City prior to final approval ("walk-through") of the infrastructure improvements, or shall be provided for by financial guarantee. The City will require a maintenance bond or other financial guarantee for the open space improvements which will be held for two years after improvements are made to ensure plant survival. Plants that do not survive shall be replaced by the applicant during the first two years after the open space is improved. The applicant may obtain park system development charge credits for open space areas that are improved according to this section and then dedicated to the City if located within the Happy Valley Parks Master Plan. The City reserves the right to refuse offers of dedication.

For all natural features on the site, including streams, intermittent streams, ponds and/or wetlands, the applicant shall obtain verification from the appropriate State and Federal agencies of jurisdiction over the feature. If a State and/or Federal agency claims jurisdiction over a natural feature on the site, and where the requirements of this chapter conflict with the requirements of the regulatory agency(s), the most stringent requirements shall apply.

Natural Area. The required landscape plan for a natural area shall be prepared by a certified professional biologist, ecologist and/or landscape architect and include:

Clearly defined methods for improving and protecting native vegetation and habitat on the site and mitigating the impacts of the proposed PUD;

ii.

Planting of native plants that are on the City native plant list (see Happy Valley Plant List, Appendix A) and of the same ecosystem type that existed on the site prior to initial development disturbances;

iii.

All proposed open space areas that are included in the City's urban forestry plan tree inventory shall incorporate the management suggestions from the plan for that area;

iv.

Plantings shall include a mix of at least three species each of groundcover, shrubs and trees. Plantings adjacent to significant water features shall be designed to provide shade for the water feature;

Plantings shall be of a sufficient quantity to provide structurally diverse vegetation on the site;

vi.

Native vegetation shall be verified by the professional preparing the plan to cover at least 70% of the site in five years. Plantings shall be arranged to replicate natural conditions, using methods such as clustering where appropriate. Exceptions to 70% cover requirement may be granted by the review body if the applicant submits substantial evidence to convince the review body that the site cannot achieve this level of cover;

vii.

A plan for removal of harmful or invasive species, as identified in the Nuisance or Prohibited Plants sections of the Happy Valley Plant List (Appendix A), on the site detailing specific treatments, timing and long-term maintenance to rid the site of invasive species. All invasive species on the site shall be removed prior to dedication of the site to the homeowner's association or the City. The use of herbicides for controlling harmful and invasive species should be minimized. The following best management practices are required where herbicide application is deemed necessary by the professional preparing the landscape plans:

(A)

If herbicides, pesticides and/or fertilizers are proposed, an evaluation of application methods, effects on target and nontarget species, and the potential impacts to aquatic and terrestrial systems shall be included in the plan. Consider persistence, soil/water mobility, toxicity and plant uptake when selecting appropriate chemicals,

(B)

Treatments for the control or removal of invasive plants in riparian/wetland areas shall be limited to hand or wick applications by qualified personnel,

(C)

Apply chemicals during calm, dry weather to avoid transport from target areas by wind and/or water. Avoid applications where irrigation water may wash chemicals from target areas,

(D)

Maintain unsprayed buffer areas near aquatic habitats and other sensitive areas. A minimum 200 foot radius, no-spray buffers shall be maintained around all known populations of sensitive, threatened and endangered plant and animal species,

(E)

Application shall not occur in the vicinity of wetlands or ponds from January through June to minimize the potential for adverse impacts to amphibians during the breeding and egg development periods;

viii.

A detailed map showing the natural area, the proposed improvements on the site, and the site's connections to other wildlife habitat areas as determined by a certified wildlfe biologist. If there are no existing connections, detail methods for providing connections. Exceptions to this requirement may be granted by the review body if the applicant submits substantial evidence to the review body that the site has no opportunity for connectivity;

ix.

A three-year irrigation plan for new plantings detailing available irrigation facilities or other watering methods that will be used to serve the site. The applicant shall water the new plantings using a timed irrigation system or other watering method during the months of June through September;

If a passive recreational facility is proposed, a plan for the facility including methods for installing the facility with minimal impact on the natural area. The professional preparing the plan shall considering buffers for streams and wetlands, erosion, and removal of trees when locating the passive recreational facility. Areas with significant natural resources may require permits from state and/or Federal regulatory agencies to install such facilities. All trails and pathways shall conform to the City's transportation system plan;

xi.

A 10 year maintenance plan for the open space with cost projections to be provided to the future owners of the property (the homeowner's association or Happy Valley). If the open space is dedicated to the homeowner's association, the codes, covenants, and restrictions of the PUD shall include a provision requiring the homeowner's association to abide by the approved 10 year maintenance plan or submit an alternative plan to the Planning Official or designee for approval. If the open space is dedicated to the City, the City Public Works Department agrees to abide by the 10 year maintenance plan or provide an alternative plan for approval by the Planning Official or designee.

Recreational Area. Proposed recreational uses may be passive or active. The recreational use shall be approved by the review body and shall conform with the Happy Valley Parks Master Plan, as appropriate, and the City's Transportation System Plan. Passive recreational facilities proposed in a natural area are subject to the requirements of the Natural Area (subsection (I)(b)(5)(A) of this section). Active recreational facilities in a recreational area are subject to the criteria of this subsection and shall not abut arterial roadways or include non-active spaces such as stormwater detention facilities. Recreational facilities located near an arterial roadway shall be separated by a minimum distance of 20 feet, to include landscaping per subsection (I)(2)(d)(i) and a minimum six-foot tall solid wood fence. The required landscape plan for a recreational area shall be prepared by a certified professional landscape architect or other qualified professional and shall include:

Planting plans to include a mix of at least three species each of groundcover, shrubs, and trees. Plantings shall not include any plants on the City's nuisance plant list (see Happy Valley Plant List, Appendix A). Plantings shall provide for at least 50% groundcover of the site and shall provide for at least 20% of the site being planted with a mix of trees and shrubs. Use of native plant species is encouraged;

ii.

A plan for removal of harmful or invasive species, as identified by in the nuisance or prohibited plants sections of the Happy Valley Plant List (Appendix A), on the site detailing specific treatments, timing, and long-term maintenance to rid the site of invasive species. All harmful or invasive species on the site shall be removed prior to dedication of the site to the homeowner's association or the City. The use of herbicides for controlling harmful and invasive species should be minimized. The following best management practices are required where herbicide application is deemed necessary by the professional preparing the landscape plans:

(A)

(B)

Treatments for the control or removal of invasive plants in riparian/wetland areas shall be limited to hand or wick applications by qualified personnel,

(C)

Apply chemicals during calm, dry weather to avoid transport from target areas by wind and/or water. Avoid applications where irrigation water may wash chemicals from target areas,

(D)

(E)

Application shall not occur in the vicinity of wetlands or ponds from January through June to minimize the potential for adverse impacts to amphibians during the breeding and egg development periods;

iii.

A description of the recreational use provided and a plan for installing the associated capital improvements to provide the recreational use. Plans shall include facilities for pedestrian access to the use and around the site. All pedestrian connections shall conform to the City's transportation system plan;

iv.

Plans for an irrigation and drainage system to serve the site. Timed irrigation systems and drainage systems shall be installed prior to landscaping the site;

vi.

The applicant shall submit a landscape plan for any proposed detention facility. The landscape plan shall include a mixture of native plants, trees and shrubs suitable to the environment of the facility, with the intention of screening and buffering the facility from surrounding residences and providing shade to the interior of the facility. An irrigation system shall be installed to water plants in the detention facility during the months of June through September;

vii.

Open space tracts shall be recorded as tracts on the final plat. For the assurance of permanent open space, the applicant shall record all open space tracts as permanent open space on the final plat.

Lot Size and Dimensions. Minimum area, width, depth, frontage and setback requirements may be less than development district minimums if in accordance with the general development plan, except that the garage of any structure shall not be located less than 20 feet from a public right-of-way and minimum lot size for single-family detached lots shall not be less than 5,000 square feet within 80% of the net developable area of the subject development. Within the 20% remainder area, lot sizes may decrease by a maximum of 10%. Lots which are located on the perimeter of a proposed development in all residential zones which are adjacent to lots in an R-10, R-15, R-20, or R-40 zone upon which are constructed single-family dwellings, may not be less than 75% of the average lot area per unit of the immediately abutting lots, or the development district minimum lot size of the subject parcel, whichever is less. If adjacent lands are undeveloped or minimum densities on the subject parcel cannot be met due to natural resource protection requirements, this provision does not apply. All PUD development involving clustered development due to natural resource constraints or involving attached housing shall be subject to a perimeter setback equal to the minimum rear, interior side or street side yard setback of the adjacent residential district, as applicable.

Staging.

Applicant can elect to proceed with the development in successive stages and steps (schedule must be included in the general development plan). Each stage must be 80% complete within itself before the successive stage may be commenced.

ii.

The review body shall require development to proceed in stages if Level I facilities serving the site are not adequate to permit full development of the project at any given time. Full development must be staged to be commensurate with the full and adequate provision of Level I facilities and services.

Minimum Design Standards. As pursuant to Section 16.63.060(B).

Minimum Improvement Standards. As pursuant to Section 16.63.060(D).

Final Procedure—Planned Unit Development.

As pursuant to Section 16.63.080;

Changes and Modifications.

Major Changes. Major changes in the approved PUD shall be considered the same as a new petition and shall be made in accordance with the procedures specified in this section.

Minor Changes. Minor changes in the general plan may be approved by the Planning Official or designee or designee following the administrative decision process provided that such changes:

Do not increase residential or employment densities;

ii.

Do not change boundaries;

iii.

Do not change any use;

iv.

Do not change the location or amount of land devoted to specific land uses.

Such changes may include minor shifting of the location of buildings, setbacks, proposed streets, public or private ways, utility easements, recreation facilities, public open spaces, etc. For quantifiable changes, a general threshold of 10% shall be used in determining if a proposed change is minor in nature. For example, 10% of a required yard, 10% of lot size, etc.

Density Calculations.

Purpose. Density calculation is the means by which density for any parcel may be determined and ultimately within that parcel in a more efficient and land conscious manner. This portion of the Land Development Code provides the method for calculating the overall density for any given parcel of land which may contain both buildable and unbuildable areas.

Benefit. The following benefits may accrue to the property developer and the City from density calculations:

The minimal extension of services within a cluster as opposed to the entire parcel;

Overall reduced development costs and the resultant lower housing prices;

Greater ease of maintenance of services and facilities;

Energy savings;

Open space;

Greater efficiency of land use;

Protection of slope and resource areas, such as drainageways and creek channels, and hazard areas.

Procedure. Density calculations shall be determined by the procedures in Section 16.63.020(F).

(Ord. 389 § 1(Exh. A), 2009; Ord. 398 § 1, 2010; Ord. 406 § 1, 2010; Ord. 411 § 1, 2011; Ord. 422 § 1, 2012; Ord. 501 § 1, 2016; Ord. 521 § 3, 2017; Ord. 534 § 1, 2017; Ord. 539 § 1, 2018; Ord. 561 § 1(Exh. A), 2022; Ord. 582, 3/19/2024)

§ 16.63.140 Property line adjustments.

A property line adjustment is the modification of lot boundaries, when no lot is created. The application submission and approval process is as follows:

Submission Requirements. All applications for property line adjustment shall be made on forms provided by the City and shall include information required for a Type I application, as governed by Section 16.61.020. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; location of natural resource areas and significant trees; existing fences and walls; and any other information deemed necessary by the Planning Official or designee for ensuring compliance with City codes.

Approval Process.

Decision-Making Process. Property line adjustments shall be reviewed per 16.61.010.

Approval Criteria. The Planning Official or designee shall approve or deny a request for a property line adjustment in writing based on all of the following criteria:

State Law. All property line adjustments shall be consistent with ORS 92.192.

Parcel Creation. No additional parcel or lot is created by the lot line adjustment.

Lot Standards. All lots and parcels conform to the applicable lot standards of the land use district (Article 16.2) including lot area, frontage, dimensions, setbacks, and coverage, and no resulting lot is more than 75 percent of the lot or parcel is limited by an environmental overlay district in Chapter 16.32, 16.34, or 16.35. If a lot is nonconforming as to any development standard, it shall not be made even less conforming by the property line adjustment.

Access and Road Authority Standards. All lots and parcels conform to the standards or requirements of Chapter 16.41 Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any City or road authority standard, it shall not be made even less conforming by the property line adjustment.

Recording Property Line Adjustments. Upon the City's approval of the proposed property line adjustment, the applicant shall record the property line adjustment with Clackamas County and submit a copy of the recorded survey map and deeds to the City, to be filed with the approved application.

(Ord. 389 § 1(Exh. A), 2009; Ord. 406 § 1, 2010; Ord. 422 § 1, 2012; Ord. 521 § 3, 2017; Ord. 539 § 1, 2018; Ord. 582, 3/19/2024; Ord. 592, 6/3/2025)