Happy Valley City Zoning Code

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

Anticipated daily traffic volumes;

Individual property access requirements;

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

Soil and other field conditions.

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;

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;

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.

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.

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.

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.

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.

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

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.

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

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

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

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.

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.

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.

Pedestrian Paths and/or Multi-Use Paths.

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:

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;

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.

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

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

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.

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.

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

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

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:

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

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.

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

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

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.

Sidewalks shall have a maximum grade of 15%.

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

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

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

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

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.

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

Bikeways shall be public.

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.

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

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

The design of bikeways shall conform to City standards.

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.

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.

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

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.

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.

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.

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.

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.

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

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

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

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.

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;

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.

Installation Standards.

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.

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.

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.

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.

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.

Planter strips shall be covered with:

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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;

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

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

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

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

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.

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.

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

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

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

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

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

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