Scappoose City Zoning Code
17.154 Street
and Utility Improvement Standards
Any monuments that are disturbed before all improvements are completed by the applicant shall be replaced and recorded prior to final acceptance of the improvements.
17.154.010 Purpose.
The purpose of this chapter is to inform applicants of general design standards for street and utility improvements and maintain consistency between this title and the Scappoose public works design standards and standard specifications. (Ord. 634 § 1 Exh. A, 1995)
17.154.020 General provisions.
A. The standard specifications for construction, reconstruction or repair of streets, sidewalks, curbs and other public improvements within the city shall occur in accordance with the standards of this title, the public works design standards, the transportation system plan, and in accordance with county or state standards where appropriate.
B. The public works director may require changes or supplements to the standard specifications consistent with the application of engineering principles.
C. Subject to approval of the planner and the public works director, street sections may be modified administratively based on geographical constraints of steep slopes, wetlands, floodplains, and constraints imposed by existing structures. Modifications may include, but are not limited to, reduced paving widths, elimination of on-street parking and eliminating sidewalks on one side of the street. (Ord. 857, 2016; Ord. 658 § 3, 1997; Ord. 634 § 1 Exh. A, 1995)
17.154.030 Streets.
A. No development shall occur unless the development has frontage or approved access to a public street:
1. Streets within a development and streets adjacent to a development shall be improved in accordance with this title and the public works design standards and specifications.
2. Any new street or additional street width planned as a portion of an approved street plan shall be dedicated and improved in accordance with this title and the public works design standards and specifications.
3. Subject to approval of the city engineer and the planner, the planner may accept and record a non-remonstrance agreement in lieu of street improvements if two or more of the following conditions exist:
a. A partial improvement is not feasible due to the inability to achieve a cohesive design for the overall street;
b. A partial improvement may create a potential safety hazard to motorists or pedestrians;
c. Due to the nature of existing development on adjacent properties it is unlikely that street improvements would be extended in the foreseeable future and the improvement associated with the project under review does not, by itself, provide a significant improvement to street safety or capacity;
d. The improvement would be in conflict with an adopted capital improvement plan;
e. Additional planning work is required to define the appropriate design standards for the street and the application is for a project which would contribute only a minor portion of the anticipated future traffic on the street.
B. Rights-of-way shall be created through the approval of a final subdivision plat or major partition; however, the council may approve the creation of a street by acceptance of a deed, provided that such street is deemed essential by the council for the purpose of general traffic circulation:
1. The council may approve the creation of a street by deed of dedication without full compliance with the regulations applicable to subdivisions or major partitions if any one or more of the following conditions are found by the council to be present:
a. Establishment of a street is initiated by the council and is found to be essential for the purpose of general traffic circulation, and partitioning of subdivision of land has an incidental effect rather than being the primary objective in establishing the road or street for public use; and
b. The tract in which the road or street is to be dedicated is an isolated ownership of one acre or less and such dedication is recommended by the commission to the council based on a finding that the proposal is not an attempt to evade the provisions of this title governing the control of subdivisions or major partitions.
2. With each application for approval of a road or street right-of-way not in full compliance with the regulations applicable to the standards, the proposed dedication shall be made a condition of subdivision and major partition approval:
a. The applicant shall submit such additional information and justification as may be necessary to enable the commission in its review to determine whether or not a recommendation for approval by the council shall be made;
b. The recommendation, if any, shall be based upon a finding that the proposal is not in conflict with the purpose of this title or the city's public works design standards relating to street standards and street acceptance policies;
c. The commission, in submitting the proposal with a recommendation to the council, may attach conditions which are necessary to preserve the standards of this title;
d. All deeds of dedication shall be in a form prescribed by the city and shall name "the city of Scappoose, Oregon" or "the public," whichever the city may require, as grantee;
e. All instruments dedicating land to public use shall bear the approval by the city manager accepting the dedication prior to recording.
3. No person shall create a street or road for the purpose of partitioning an area or tract of land without the approval of the city.
C. The planning commission may approve an access easement established by deed without full compliance with this title provided such an easement is the only reasonable method by which a lot large enough to develop can develop:
1. Vehicular access easements which exceed one hundred fifty feet shall be improved in accordance with the Uniform Fire Code.
2. Vehicular access shall be improved in accordance with the public works design standards.
D. The location, width and grade of all streets shall conform to an approved street plan and shall be considered in their relation to existing and planned streets, to topographic conditions, to public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by such streets:
1. Street grades shall be approved by the public works director in accordance with the city's public works design standards; and
2. Where the location of a street is not shown in an approved street plan, the arrangement of streets in a development shall either:
a. Provide for the continuation or appropriate projection of existing streets in the surrounding areas, or
b. Conform to a plan adopted by the council, if it is impractical to conform to existing street patterns because of particular topographical or other existing conditions of the land. Such a plan shall be based on the type of land use to be served, the volume of traffic, the capacity of adjoining streets and the need for public convenience and safety.
3. New streets shall be laid out to provide reasonably direct and convenient routes for walking and cycling within neighborhoods and accessing adjacent development.
E. The street right-of-way and roadway widths shall not be less than the minimum widths described in the city's public works design standards.
F. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. A reserve strip across the end of a dedicated street shall be deeded to the city; and a barricade shall be constructed at the end of the street by the property owners which shall not be removed until authorized by the public works director, the cost of which shall be included in the street construction cost.
G. No street name shall be used which will duplicate or be confused with the names of existing streets within the city's urban growth boundary, except for extensions of existing streets. Street names and numbers are subject to review and approval the Scappoose rural fire district.
H. Concrete vertical curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and the city's public works design standards. Concrete curbs and driveway approaches are required and shall be built to the city's configuration standards.
I. Wherever the proposed development contains or is adjacent to a railroad right-of-way, provision shall be made for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the appropriate use of the land, and the distance shall be determined with due consideration at cross streets or the minimum distance required for approach grades and to provide sufficient depth to allow screen planting along the railroad right-of-way in nonindustrial areas.
J. Where a development abuts or is traversed by an existing or proposed arterial street, the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design requirements shall include any of the following:
1. A parallel access street along the arterial;
2. Lots of suitable depth abutting the arterial to provide adequate buffering with frontage along another street;
3. Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial; or
4. Other treatment suitable to meet the objectives of this subsection.
K. Upon completion of a street improvement and prior to acceptance by the city, it shall be the responsibility of the developer's registered professional land surveyor to provide certification to the city that all boundary and interior monuments shall be established or re-established, protected and recorded.
L. Private streets are permitted within manufactured home parks, and the city shall require legal assurances for the continued maintenance of private streets, such as:
1. A bonded maintenance agreement; and
2. The creation of a homeowners association;
M. Where an adjacent development results in a need to install or improve a railroad crossing, the cost for such improvements may be a condition of development approval, or another equitable means of cost distribution shall be determined by the public works director and approved by the commission.
O. The developer shall install all street signs, relative to traffic control and street names, as specified by the public works director for any development. The cost of signs shall be the responsibility of the developer.
P. Joint mailbox facilities shall be provided in all residential developments, with each joint mailbox serving at least two dwelling units.
1. Joint mailbox structures shall be placed adjacent to roadway curbs and shall comply with provisions of the Americans with Disabilities Act and implementing federal and state regulations;
2. Proposed locations of joint mailboxes shall be designated on a copy of the tentative plan, and shall be approved by the U.S. Post Office prior to plan approval; and
3. Plans for the joint mailbox structures to be used shall be submitted for approval by the planner prior to final approval.
Q. The location of traffic signals shall be noted on approved street plans, and where a proposed street intersection will result in an immediate need for a traffic signal, a city-approved signal shall be installed. The cost shall be included as a condition of development.
R. Street lights shall be installed in accordance with the city's public works design standards.
S. A Transportation Impact Study (TIS) must be submitted with a land use application if the conditions in (1) or (2) apply in order to determine whether conditions are needed to protect and minimize impacts to transportation facilities, consistent with Section 660-012-0045(2)(b) and (e) of the State Transportation Planning Rule.
1. Applicability - TIS letter. A TIS letter shall be required to be submitted with a land use application to document the expected vehicle trip generation of the proposal. The expected number of trips shall be documented in both total peak hour trips and total daily trips. Trip generation shall be estimated for the proposed project using the latest edition of the Institute of Engineers Trip Generation Manual or, when verified with the City prior to use, trip generation surveys conducted at similar facilities.
2. Applicability - TIS report. A TIS report shall be required to be submitted with a land use application if the proposal is expected to involve one or more of the following:
a. The proposed development would generate more than 10 peak hour trips or more than 100 daily trips.
b. The proposal is immediately adjacent to an intersection that is functioning at a poor level of service, as determined by the city engineer.
c. A new direct approach to US 30 is proposed.
d. A proposed development or land use action that the road authority states may contribute to operational or safety concerns on its facility(ies).
e. An amendment to the Scappoose Comprehensive Plan or Zoning Map is proposed.
3. Consistent with the city's Traffic Impact Study (TIS) Guidelines, the city engineer will determine the project study area, intersections for analysis, scenarios to be evaluated and any other pertinent information concerning the study and what must be addressed in either a TIS letter or a TIS report.
4. Approval Criteria. When a TIS Letter or Report is required, a proposal is subject to the following criteria:
a. The TIS addresses the applicable elements identified by the city engineer, consistent with the Traffic Impact Study Guidelines;
b. The TIS demonstrates that adequate transportation facilities exist to serve the proposed development or, in the case of a TIS report, identifies mitigation measures that resolve identified traffic safety problems in a manner that is satisfactory to the city engineer and, when state highway facilities are affected, to ODOT;
c. For affected non-highway facilities, the TIS report establishes that mobility standards adopted by the city have been met; and
d. Proposed public improvements are designed and will be constructed consistent with Public Works Design Standards and access standards in the Transportation System Plan.
5. Conditions of Approval.
a. The city may deny, approve, or approve a proposal with conditions necessary to meet operational and safety standards; provide the necessary right-of-way for improvements; and to require construction of improvements to ensure consistency with the future planned transportation system.
b. Construction of off-site improvements may be required to mitigate impacts resulting from development that relate to capacity deficiencies and public safety; and/or to upgrade or construct public facilities to city standards.
c. Improvements required as a condition of development approval, when not voluntarily provided by the applicant, shall be roughly proportional to the impact of the development on transportation facilities. Findings in the development approval shall indicate how the required improvements directly relate to and are roughly proportional to the impact of development.
17.154.040 Blocks.
A. The length width, and shape of blocks shall be designed with regard to providing adequate building sites for the use contemplated, consideration of needs for safe and convenient pedestrian and vehicular access and circulation and recognition of limitations and opportunities of topography.
B. Except for arterial streets, no block face shall be more than five hundred and thirty (530) feet in length between street corner lines and no block perimeter formed by the intersection of pedestrian access ways and local, collector and arterial streets shall be more than one thousand five hundred feet in length. If the maximum block size is exceeded, mid-block pedestrian and bicycle access ways should be provided at spacing no more than 330 feet, unless one or all of the conditions in Subsection C can be met. Minimum access spacing along an arterial street must meet the standards in the city's adopted Transportation System Plan. A block shall have sufficient width to provide for two tiers of building sites. Reverse frontage on arterial streets may be required by the planning commission.
C. Exemptions from requirement of Subsection B of this section may be allowed, upon approval by the planner and the city engineer, where one or all of the following conditions apply:
1. Where topography and/or other natural conditions, such as wetlands or stream corridors, preclude a local street connection consistent with the stated block length standards. When such conditions exist, a pedestrian access way shall be required in lieu of a public street connection if the access way is necessary to provide safe, direct and convenient circulation and access to nearby destinations such as schools, parks, stores, etc.
2. Where access management standards along an arterial street preclude a full local street connection. Where such conditions exist, and in order to provide for adequate connectivity and respect the needs for access management, the approval authority shall require either a right in/right-out public street connection or public roadway connection to the arterial in lieu of a full public street connection. Where a right-in/right-out street connection is provided, turning movements shall be defined and limited by raised medians to preclude inappropriate turning movements.
3. A cul-de-sac street shall only be used where the city engineer and planner determine 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 is allowed, all of the following standards shall be met:
a. The cul-de-sac shall not exceed a length of 500 feet, except where the city engineer and planner determine that topographic or other physical constraints of the site require a longer cul-de-sac. The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac.
b. The cul-de-sac shall terminate with a circular or hammer-head turnaround meeting the Uniform Fire Code and the standards of Public Works Design Standards.
c. The cul-de-sac shall provide, or not preclude the opportunity to later install, a pedestrian and bicycle access way between it and adjacent developable lands. Such access ways shall conform to the standards in Section 17.120.180(Q), as applicable. (Ord. 857, 2016; Ord. 828, 2013; Ord. 658 § 3, 1997; Ord. 634 § 1 Exh. A, 1995)
17.154.050 Easements.
A. Easements for sewers, drainage, water mains, electric lines or other public utilities shall be either dedicated or provided for in the deed restrictions, and where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance.
B. A property owner proposing a development shall make arrangements with the city, the applicable district and each utility franchise for the provision and dedication of utility easements necessary to provide full services to the development. (Ord. 634 § 1 Exh. A, 1995)
17.154.070 Sidewalks.
A. Sidewalks are required and shall be constructed, replaced or repaired in accordance with the city's public works design standards.
B. Maintenance of sidewalks and curbs is the continuing obligation of the adjacent property owner.
C. Subject to approval by the public works director and planner, planner may accept and record a nonremonstrance agreement for the required sidewalks from the applicant for a building permit for a single-family residence when the public works director determines the construction of the sidewalk is impractical for one or more of the following reasons:
1. The residence is an in-fill property in an existing neighborhood and adjacent residences do not have sidewalks;
2. Sidewalk grades have not and will not be established for the property in question within a one-year period;
3. Topography or elevation of the sidewalk base area makes construction of a sidewalk impractical.
D. In the event one or more of the following situations are found by the council to exist, the council may adopt a resolution to initiate construction of a sidewalk in accordance with city ordinances:
1. A safety hazard exists for children walking to or from school and sidewalks are necessary to eliminate the hazard;
2. A safety hazard exists for pedestrians walking to or from a public building, commercial area, place of assembly or other general pedestrian traffic, and sidewalks are necessary to eliminate the hazard;
3. Fifty percent or more of the area in a given block has been improved by the construction of dwellings, multiple dwellings, commercial buildings or public buildings and/or parks. (Ord. 634 § 1 Exh. A, 1995)
17.154.080 Public use areas.
A. Where a proposed park, playground or other public use shown in a development plan adopted by the city is located in whole or in part in a subdivision, the commission may require the dedication or reservation of such area within the subdivision.
B. Where considered desirable by the commission in accordance with adopted comprehensive plan policies, and where a development plan of the city does not indicate proposed public use areas, the commission may require the dedication or reservation of areas within the subdivision or sites of a character, extent and location suitable for the development of parks and other public use.
C. If the declarant is required to reserve land area for a park, playground or other public use, such land shall be acquired by the appropriate public agency within eighteen months following plat approval, at a price agreed upon prior to approval of the plat, or such reservation shall be released to the declarant. (Ord. 634 § 1 Exh. A, 1995)
17.154.090 Sanitary sewers.
A. Sanitary sewers shall be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth by the city's public works design standards and the adopted policies of the comprehensive plan.
B. The public works director shall approve all sanitary sewer plans and proposed systems prior to issuance of development permits involving sewer service.
C. Proposed sewer systems shall include consideration of additional development within the area as projected by the comprehensive plan and the wastewater treatment facility plan and potential flow upstream in the sewer sub-basin.
D. Applications shall be denied by the approval authority where a deficiency exists in the existing sewer system or portion thereof which cannot be rectified within the development and which if not rectified will result in a threat to public health or safety, surcharging of existing mains, or violations of state or federal standards pertaining to operation of the sewage treatment system. (Ord. 634 § 1 Exh. A, 1995)
17.154.100 Storm drainage.
A. The planner and public works director shall issue permits only where adequate provisions for stormwater and floodwater runoff have been made, and:
1. The stormwater drainage system shall be separate and independent of any sanitary sewerage system.
2. Where possible, inlets shall be provided so surface water is not carried across any intersection or allowed to flood any street.
3. Surface water drainage patterns shall be shown on every development proposal plan.
4. All stormwater analysis and calculations shall be submitted with proposed plans for public works directors review and approval.
5. All stormwater construction materials shall be subject to approval of the public works director.
B. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width as will be adequate for conveyance and maintenance.
C. A culvert or other drainage facility shall, and in each case be, large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The public works director shall determine the necessary size of the facility.
D. Where it is anticipated by the public works director that the additional runoff resulting from the development will overload an existing drainage facility, the planner and engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development. (Ord. 634 § 1 Exh. A, 1995)
17.154.105 Water system.
The planner and public works director shall issue permits only where provisions for municipal water system extensions have been made, and:
A. Any water system extension shall be designed in compliance with the comprehensive plan existing water system plans.
B. Extensions shall be made in such a manner as to provide for adequate flow and gridding of the system.
C. The public works director shall approve all water system construction materials. (Ord. 634 § 1 Exh. A, 1995)
17.154.107 Erosion controls.
A. Any time the natural soils are disturbed and the potential for erosion exists, measures shall be taken to prevent the movement of any soils off site. The public works director shall determine if the potential for erosion exists and appropriate control measures.
B. The city shall use the city's public works design standards as the guidelines for erosion control. (Ord. 634 § 1 Exh. A, 1995)
17.154.110 Bikeways.
A. Developments adjoining proposed bikeways shall include provisions for the future extension of such bikeways through the dedication of easements or rights-of-way.
B. Where possible, bikeways should be separated from other modes of travel including pedestrians.
C. Minimum width for bikeways is four paved feet per travel lane. (Ord. 634 § 1 Exh. A, 1995)
17.154.120 Utilities.
A. All utility lines including, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at fifty thousand volts or above, and:
1. The applicant shall make all necessary arrangements with the serving utility to provide the underground services;
2. The city reserves the right to approve location of all surface mounted facilities;
3. All underground utilities, including sanitary sewers, water lines, and storm drains installed in streets by the applicant, shall be constructed prior to the surfacing of the streets; and
4. Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made.
B. The applicant for a subdivision shall show on the development plan or in the explanatory information, easements for all underground utility facilities, and:
1. Plans showing the location of all underground facilities as described herein shall be submitted to the public works director for review and approval; and
2. Above ground equipment shall not obstruct visual clearance areas for vehicular traffic. (Ord. 820 § 11, 2012; Ord. 634 § 1 Exh. A, 1995)
17.154.130 Cash or bond required.
A. All improvements installed by the applicant shall be guaranteed as to workmanship and material for a period of one year following acceptance by the city council.
B. Such guarantee shall be secured by cash deposit or bond for one hundred ten percent of the actual cost of the value of the improvements as set by the public works director.
C. The cash or bond shall comply with the terms and conditions of Section 17.150.180. (Ord. 634 § 1 Exh. A, 1995)
17.154.140 Monuments.
Any monuments that are disturbed before all improvements are completed by the applicant shall be replaced and recorded prior to final acceptance of the improvements. (Ord. 634 § 1 Exh. A, 1995)
17.154.150 Installation/permit fee.
A. No land division improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans have been approved by the city, and all applicable fees paid. (Ord. 828, 2013; Ord. 634 § 1 Exh. A, 1995)
17.154.160 Installation--Conformation required.
In addition to other requirements, improvements installed by the land divider either as a requirement of these regulations or at the developers own option, shall conform to the requirements of this chapter and to improvement standards and specifications followed by the city. (Ord. 634 § 1 Exh. A, 1995)
17.154.170 Plan checking required.
A. Work shall not begin until construction plans and a construction estimate have been submitted and checked for adequacy and approved by the city in writing. Three sets of plans shall be submitted for review.
B. Three sets of revised plans (as approved) shall be provided.
C. All such plans shall be prepared in accordance with requirements of the city's public works design standards. (Ord. 634 § 1 Exh. A, 1995)
17.154.180 Notice to city required.
A. Work shall not begin until the city has been notified in advance.
B. If work is discontinued for any reason, it shall not be resumed until the city is notified. If work is discontinued, the site shall be protected from erosion. (Ord. 634 § 1 Exh. A, 1995)
17.154.190 City inspection required.
Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arising during construction warrant such changes in the public interest. (Ord. 634 § 1 Exh. A, 1995)
17.154.200 Engineer's certification required.
The land divider's engineer shall provide written certification that all improvements, workmanship and materials are in accord with current and standard engineering and construction practices, and are of high grade and that improvements were built according to plans and specifications, prior to city acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. (Ord. 634 § 1 Exh. A, 1995)