North Plains City Zoning Code
PUBLIC FACILITY
AND SERVICE REQUIREMENTS
§ 155.625 PURPOSE.
To ensure the health, safety and the economic stability of the community, and to establish a quality system of public improvements, the city shall require any buildings or other development for which public facilities and public rights-of-way are not fully provided or improved to current city standards, to install said improvements. The purpose of this subchapter is to identify those public facilities and services that are necessary at a minimum level to accommodate development.
(Prior Code, § 16.145.000) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.626 APPLICATION OF PUBLIC FACILITY STANDARDS.
The provisions of this subchapter shall apply to development within the city as listed in the following table. No development permit shall be approved unless the following required improvements are provided to city standards prior to occupancy or operation unless an exception is approved by the City Council per § 155.628 of this chapter or future provision of the improvement is assured per § 155.629 of this chapter.
Public Facility Improvements Requirements Table | |||||||
Fire Hydrants | Street Improvements | Water Lines | Sewer Lines | Storm Drainage and Trees | Street Lights | Communi- cations Infrastructure | |
Commercial, industrial, institutional, public or semi-public expansions | C1 | C2 | Y | Y | Y | Y | C3 |
New commercial, industrial, institutional, public or semi-public buildings | Y | Y | Y | Y | Y | Y | Y |
Partitions, subdivisions and manufactured home parks | Y | Y | Y | Y | Y | Y | Y |
Residential development | Y1 | Y | Y | Y2 | Y | Y | C3 |
NOTES TO TABLE:
N = Not required Y = Yes, required O = Conditional, required in some case Note: street lights shall be installed per city standards. C1 = Fire hydrants for commercial expansions. A fire hydrant is required when: 1. The total floor area of the building, including existing area and expanded area, is greater than or equal to 2,500 square feet; or 2. A use is proposed which is classified as a hazardous (H) use under the Uniform Building Code. C2 = Street improvements for commercial, institutional, public, semi-public and industrial expansions. Lots fronting on county roads must obtain access permits from the County Department of Land Use and Transportation. The city will require improvement to full city standards when the use meets any of the following criteria: 1. The use generates an average of 100+ trips per day per 1,000 gross square feet of building as documented in the Trip Generation Manual of the Institute of Transportation Engineers or other qualified source; or 2. The use includes daily shipping and delivery trips by vehicles over 20,000 pounds gross vehicle weight. C3 = Communications infrastructure. Communications infrastructure, including, but not limited to, conduit for communication utilities, shall be installed to adequately serve the approved level of development. Communications infrastructure shall be required when other public utility or roadway improvements are required of a development, and as required by city standards. Y1 = Street improvements for single-family homes. New single-family homes located on existing improved streets must pay the city’s systems use fee prior to issuance of a building permit. New single-family homes which are located adjacent to a city street must meet the city’s street standards. Extension of county roads must meet the county road standards. Y2 = Sewer line extensions for single-family homes. Clean water services has jurisdiction over sewer line extensions. CWS generally requires extension of the sewer lines to serve new hook-ups. | |||||||
(Prior Code, § 16.145.005) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.627 PUBLIC FACILITY STANDARDS.
(A) Except as otherwise provided, all public improvements shall conform to city standards and specifications found in the public works design standards and installed in accordance with this subchapter. Except for public projects constructed consistent with an existing facility plan or projects otherwise approved by the city, public improvements shall not be undertaken until land use approval has been granted, a public improvement plan review fee has been paid, all improvement plans have been approved by the city and an improvement permit has been issued.
(B) The following public facility standards shall be applicable to all development as specified in § 155.626 of this chapter.
(1) Streets. Street improvements required by § 155.626 of this chapter shall be provided in compliance with city standards.
(2) Storm drainage and sewage disposal. No development permit shall be approved for any property until the city has reviewed and approved provisions for storm water drainage and sanitary sewer service in accordance with the city public works design standards and clean water services standards.
(3) Water supply. No development permit shall be approved for any property unless all affected water mains are either:
(a) Fully improved to a standard providing both adequate potable water and fire flows, as established by the applicable State Plumbing Code and approved by the City Engineer; or
(b) Improved to a standard providing adequate potable water flows pursuant to the city’s Water Master Plan and approved by the city and the Tualatin Valley Fire and Rescue.
(4) Communications infrastructure. No development permit shall be approved for any property until the city has reviewed and approved provisions for communications infrastructure. Generally, public telecommunication and franchise utility conduits (including, but not limited to: electric power; telephone; natural gas; lighting; cable television; and broadband internet) shall be installed to serve all newly created lots and developments in the city.
(6) Underground facilities.
(a) Except as otherwise provided, all utility facilities, including, but not limited to, electric power, telephone, natural gas, lighting, cable television and telecommunication cable, shall be placed underground, unless specifically authorized for above ground installation, because the points of connection to existing utilities make underground installation impractical, or for other reasons deemed acceptable by the city.
(b) Exception: surface-mounted transformers, surface-mounted connection boxes and meter cabinets, temporary utility service facilities during construction, high capacity electric and communication feeder lines, and utility transmission lines operating at 50,000 volts or more may be located above ground. The city reserves the right to approve location of all surface-mounted transformers.
(Prior Code, § 16.145.010) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.628 EXCEPTIONS.
All exceptions to this subchapter shall be reviewed and approved by the Planning Commission at a public hearing conducted pursuant to §§ 155.025 through 155.033 of this chapter. The Planning Commission may approve an exception to the public facility standards if one or more of the following conditions exist:
(A) The exception is necessary to preserve significant natural features, such as trees, sensitive areas or critical habitat;
(B) The exception allows the construction of an alternative public facility that will increase efficiency in design or use of materials; or
(C) The proposed exception results in a superior design and/or future use of the public facility.
(Prior Code, § 16.145.115) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.629 METHODS TO ASSURE FACILITIES AND SERVICES.
A legal and enforceable document, contract or process which assures the city that a public improvement will be accomplished is required prior to commencement of public infrastructure construction. Assurances shall be provided in a form approved by the city.
(Prior Code, § 16.145.120) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.630 DETERMINATION OF IMPACTS FROM CHANGE OF USE, NEW CONSTRUCTION, ALTERATIONS AND/OR ADDITIONS.
If the applicant intends to assert that he or she cannot legally be required to comply with the development standards required by this section, the building permit or site review application shall include a “rough proportionality” report, prepared by a qualified civil or traffic engineer, as appropriate showing:
(A) The estimated extent, on a quantitative basis, to which the public improvements will be used by persons served by the building or development, whether the use is for safety or convenience;
(B) The estimated level, on a quantitative basis, of improvements needed to meet the estimated future use by persons served by the building or development;
(C) The estimated impact, on a quantitative basis, of the building or development on the public infrastructure system of which the improvements will be a part; and
(D) The estimated level, on a quantitative basis, of improvements needed to mitigate the estimated impact on the public infrastructure system.
(Prior Code, § 16.145.125) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.631 PUBLIC WORK PERMIT; FEES; DURATION; SECURITY.
(A) Requirement. No person, firm or corporation shall commence construction of improvements within a public right-of-way or upon public property without first obtaining a public works construction permit on a form or forms provided by the city. The public works construction permit shall be issued for a period of time outlined in the city’s public works design standards.
(Prior Code, § 16.145.130)
(B) Fees. The applicant for a public works construction permit shall pay permit fees for administration and inspection costs to be established by City Council resolution.
(Prior Code, § 16.145.135)
(C) Performance and maintenance security.
(1) The applicant shall file with the city prior to the issuance of a public works construction permit, security in form and amount acceptable to the city.
(2) The applicant shall in addition provide security guaranteeing the improvements against any and all defects in workmanship and materials and the maintenance of excavated and filled trenches for period of one year from and after the date of completion of the improvements.
(3) The provision of this section shall not apply to any applicant having a franchise to use public rights-of-way or property for installation, maintenance and operation of public or private utilities.
(Prior Code, § 16.145.145)
(D) Insurance required. Prior to issuance of a public works construction permit, the applicant shall demonstrate compliance with all required insurance policies.
(Prior Code, § 16.145.150)
(E) Indemnification. As a condition of the issuance of a permit, the applicant shall defend, indemnify and hold the city, its officers, employees, representatives and agents harmless from and against any and all claims, demands, judgments, expenses, costs or charges, including appeals, arising out of or related to the work covered by the permit.
(Prior Code, § 16.145.155) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.632 RESTORATION.
(A) The permit holder is required to restore the surface of public places to the condition existing prior to the interruption in accordance with city standards.
(B) The city is authorized to restore the public place surface to its preexisting condition if the permit holder fails to do so and to assess the costs of the restoration against the permit holder.
(Prior Code, § 16.145.160) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.633 DAMAGE TO SUBSTRUCTURES.
(A) In the event any pipe, conduit, manhole, vault, buried cable, wire or any other structure located below the surface of any public place should be damaged by the permit holder or his or her agents, representatives or designees, the substructure shall be repaid by the owner thereof and the expense of such repair shall be charged to the permit holder.
(B) The permit holder shall be liable for any damage cased to any public property by the work performed in connection with the excavation permit, including, but not limited to, the damage to water lines, sewer lines and other city owned or public utilities.
(Prior Code, § 16.145.165) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.634 PROTECTION OF ADJOINING PROPERTY.
The permit holder shall at all times, at his, her or its own expense, preserve and protect from damage any adjoining property by providing proper foundations and taking other measures suitable for that purpose. If it is necessary to enter upon private property for the purpose of taking appropriate protective measures, the permit holder shall obtain a license from the owner of such private property. The permit holder shall, at the holder’s own expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the progress of the excavation work and shall be responsible for all damage resulting from the failure to protect such structures.
(Prior Code, § 16.145.170) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.635 CARE OF EXCAVATED MATERIAL.
All material excavated from trenches shall be placed by permit holder in a location which shall not constitute a hazard or danger to persons lawfully using the public place or places being excavated and shall not be placed within a public right-of-way without prior written approval from the city. During the work performed under any permit, the permit holder shall keep all streets and public places thoroughly cleaned of all rubbish, excess earth, rock or other debris and dust resulting from such work. All cleanup operations at the location of such excavation shall be accomplished at the expense of the permit holder. In the event the permit holder fails or refuses to comply with the provisions of this section, the city, after notice to the permit holder, may direct the cleanup and removal of all rubbish, excess earth, rock or other debris and dust and assess the cost thereof against the permit holder.
(Prior Code, § 16.145.175) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.636 CONSTRUCTION STANDARDS.
All work performed under the permit shall be in accordance with standards established by the city, which standards may include, but not be limited to, methods of excavation, backfilling, restoration of surface, and restoration standards. Work in streets under county jurisdiction shall also meet applicable county requirements. Work on sanitary or storm sewers under the jurisdiction of the clean water services shall meet the standards of that agency.
(Prior Code, § 16.145.180) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)
§ 155.637 LIMITATIONS ON LIABILITY.
Nothing contained in this subchapter shall cause the city or its employees, agents or representatives to be liable for damages or injury to any person or property which may result from or arise out of the performance of any work under a public works construction permit.
(Prior Code, § 16.145.185) (Ord. 450, passed 12-18-2017; Ord. 456, passed 1-22-2019; Ord. 470, passed 8-17-2020)