Chapter 12.15
ENCROACHMENT PERMITS
Sections:
12.15.010 General definitions.
12.15.030 Application in writing.
12.15.050 Issuance fee exemption.
12.15.060 Plans and specifications.
12.15.070 Safety devices, lights, barricades.
12.15.090 Cancellation of permits.
12.15.100 Restoration of right-of-way.
12.15.110 Permittee awareness and liability.
12.15.120 Permittee to pay for all costs.
12.15.130 Special provisions for construction and encroachment permits.
12.15.150 Insurance requirements.
12.15.160 Planting in right-of-way.
12.15.010 General definitions.
As used in this chapter, the singular includes the plural, and the masculine includes the feminine.
“Encroachment” means the work of construction, placing or installing an encroachment in a right-of-way.
“Permittee” means any person who proposes to encroach upon a right-of-way and has been issued a permit.
“Public utility” means a municipal utility district.
“Public works director” means the employee of the city that is in charge of the public works department and has the authorization to interpret and enforce the requirements of this chapter, or his appointed agent or representative.
“Right-of-way” means any land or interest therein which by deed, conveyance, agreement, dedication, usage or other process of law has been reserved for or dedicated to the city for use of the general public. [Ord. 98-280-O § 1; Ord. 235 § 1, 1975].
12.15.020 Permit required.
Every person except as otherwise provided in this chapter shall obtain a permit from the public works department before that person:
A. Makes or causes to be made any excavation or encroachment in any road, street or city right-of-way;
B. Places, constructs or repairs any curb, gutter, sidewalk, driveway, pavement, base course, retaining wall, storm drain, culvert, pipe, conduit, cable or other work of similar nature in, over, along, across, or through any street, road or public right-of-way;
C. Places or leaves any impediment to travel upon any street or road, including trash or debris;
D. Erects or maintains any post, sign, banner, pole, fence, guardrail, wall, loading platform or any other structure on, over, under, or within a right-of-way;
E. Plants or removes any tree, shrub, or growing thing within a right-of-way;
F. Lights or builds a fire for the purpose of disposal of weeds, brush or debris on a right-of-way. [Ord. 23-418-O § 48; Ord. 98-280-O §§ 2, 3; Ord. 235 § 2, 1975].
12.15.030 Application in writing.
Application for a permit shall be made in writing to the city on the forms provided by the public works department. By accepting this permit, the permittee agrees to be bound by all the terms and conditions set forth in the permit and in this chapter. [Ord. 235 § 3, 1975].
12.15.040 Blanket permits.
Blanket permits, renewable annually, may be issued to any municipal utility district or public utility, subject to the compliance with all applicable provisions of this chapter. The issuance of a blanket permit does not relieve the permittee from making such reports of activity as may be required and for paying for inspection, repairs and other costs incurred by the city due to the permittee’s activity. Blanket excavating permits shall be limited to utility trenches not exceeding two feet in width and 60 feet in length, dug at a right angle to the centerline of the road, or an excavation not exceeding 30 square feet in area. Two-way traffic shall be maintained at all times. [Ord. 235 § 4, 1975].
12.15.050 Issuance fee exemption.
The following shall be exempt from paying the issuance fee: the United States government, this state, this county, all departments of this city, any school district, and any special district organized under state laws. The public works director may grant a permit without issuance fee if the work to be done has been requested by the city in connection with proposed public works projects. [Ord. 98-280-O § 4; Ord. 235 § 5, 1975].
12.15.060 Plans and specifications.
All work shall be performed in accordance with the Standards and Specifications for Public Works Construction, APWA, Oregon Chapter, including revisions, or according to the plans and specifications referred to in the permit and in addition to any special requirements and/or specifications which are made a part of the permit. In case of conflict between two specifications the higher specifications shall apply. No changes may be made in the location, dimensions, character or duration of the encroachment or use as granted by the permit except on authorization by the public works director. [Ord. 98-280-O § 5; Ord. 235 § 6, 1975].
12.15.070 Safety devices, lights, barricades.
In the conduct of the encroachment work, supplies and excavated material shall be properly placed and the permittee shall provide and maintain such safety devices, including but not limited to lights, barricades, signs, and flagmen as are necessary to protect the public and as ordered by the public works director.
If the public works director finds that suitable safeguards are not being provided, or that the permittee is creating a nuisance, he may provide, maintain and relocate such safety devices or take such action as is deemed necessary, charging the permittee accordingly. [Ord. 98-280-O § 6; Ord. 235 § 7, 1975].
12.15.080 Denial of permits.
The public works director may refuse to issue a permit under the following conditions:
A. When he finds that it is not in the best interest of the general public to do so.
B. When he finds that it will be detrimental to the public health, safety or welfare. [Ord. 235 § 8, 1975].
12.15.090 Cancellation of permits.
The public works director may cancel a permit for any of the following reasons:
A. When permitted work is not started within the time specified and/or is started, but not diligently pursued to completion.
B. The permittee fails to provide for the public safety.
C. The permittee fails to comply with all of the requirements of the permit.
D. A nuisance is created.
E. For just cause. [Ord. 98-280-O § 7; Ord. 235 § 9, 1975].
12.15.100 Restoration of right-of-way.
Upon completion of the encroachment work authorized, the permittee shall restore the right-of-way including all structures thereon by replacing, repairing or rebuilding it in accordance with the specifications or any special requirements, but not less than to its original condition before the encroachment work was commenced. Where excavation occurs within areas already paved, a temporary paving shall be installed within 24 hours after the excavated area is backfilled. When replacing permanent pavement, the thickness shall be one inch greater than that of the surrounding pavement or surface. The base course removed shall be replaced to the same thickness as that of the surrounding base course. When the street surface has been treated with a seal and/or slurry, the seal and/or slurry shall be replaced upon the portion repaired. [Ord. 98-280-O § 8; Ord. 235 § 10, 1975].
12.15.110 Permittee awareness and liability.
The permittee shall investigate and be aware of all existing facilities and shall not interfere with any existing public or private facility without the consent of its owner. If it becomes necessary to relocate an existing facility, this shall be done by its owner or to the satisfaction of its owner. The cost of moving publicly and privately owned facilities shall be borne by the permittee. The permittee shall support and protect all wires, cables, lines, conduits, poles, and other apparatus both aerial and underground, by a method satisfactory to the owner. [Ord. 235 § 11, 1975].
12.15.120 Permittee to pay for all costs.
The permittee is liable for and shall pay for all engineering costs related to the permit, including but not restricted to the following:
A. The permit issuance fee;
B. Engineering, which includes design, inspection, survey and tests;
C. Cost of any inspection, transportation, or test made;
D. The cost of repairing or restoring the streets and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee’s activities;
E. The cost of furnishing and/or maintaining any lights, barricades or warning devices;
F. The cost of removing or remedying any hazardous condition;
G. Any other cost to the city caused by the permittee’s activity. [Ord. 98-280-O § 9; Ord. 235 § 12, 1975].
12.15.130 Special provisions for construction and encroachment permits.
The following applies to permits for the laying, construction, reconstruction or repairing of curbs, sidewalks, gutters, driveways, street surfaces and pipes. Driveways, approaches, sidewalks, curbs and gutters shall be constructed according to the Standards and Specifications for Public Works Construction, APWA Oregon Chapter.
A. Driveways. Driveways shall not be constructed in such a manner that will prevent a vehicle from being parked entirely off the public right-of-way after entering such driveway. The design of a driveway shall be as prescribed in the city road standards as approved by the public works department. The minimum intervening distances between the side slopes or returns of adjacent driveways serving the same lot shall be 20 feet. Adjacent driveways serving two adjoining lots shall have at least two feet between the side slopes. Residential driveway approach, including the side slopes, shall not be located closer than 20 feet to the intersecting street right-of-way line. Commercial or service driveways shall be as per APWA commercial driveway standards. In the case of a corner lot, service drives, including the side slopes, shall not be located closer than 30 feet to the intersecting street right-of-way line. Driveway approaches shall be as per APWA commercial driveway standards. When a driveway is relocated, the abandoned existing driveway approach shall be removed and replaced with a standard curb section at the permittee’s expense.
B. Sidewalks. Residential sidewalks shall be four feet wide, scored at four-foot intervals and shall be four inches thick with a cross-slope of one-fourth inch to the foot. The cross-slope extended shall meet the top of the curb. Sidewalks shall be located at the property line and extending into the right-of-way. Commercial sidewalks shall be as per APWA commercial driveway standards.
C. Plans. If in the opinion of the public works director the work proposed to be done requires the making of plans or the setting of stakes, or both, he may require the application be accompanied by the necessary plans, which plans shall be prepared by a competent licensed state of Oregon engineer.
D. Equipment. No track-laying equipment of any kind shall be permitted on any paved area unless equipped with street pads. Any damage to curbs, sidewalks, driveways, etc., shall be the responsibility of the permittee and shall be repaired to the satisfaction of the public works director.
E. Open Trench. No open trench shall be opened in excess of one day’s work.
F. Drainage. The permittee shall provide for proper drainage when encroachment work interferes with established drainage.
G. Services. Laterals, services, and other small diameter pipes shall be jacked, bored or driven beneath a paved surface unless other methods are approved by the public works director.
H. Minimum Cover. The minimum cover over any pipe or conduit installed under any public street shall be 30 inches measured vertically from the existing or proposed flow line of the nearest gutter.
I. Backfilling and Compacting. Backfilling and compacting of an excavation shall be in accordance with standards established by the APWA and shall commence within 48 hours after working trench is completed.
J. Clean Up. Immediately after completion of the work the permittee shall clean up and remove all materials, earth and debris of any kind. No person shall track out mud, dirt or other debris from public or private lands onto paved public roads without taking reasonable precautions to prevent such matter from becoming airborne or creating a public nuisance or health hazard. [Ord. 98-280-O § 10; Ord. 235 § 13, 1975].
12.15.140 Deposit required.
All applicants for such public improvements exceeding in valuation the sum of $500.00 shall file with the city a certified check, cash or bond in the amount of 50 percent of the estimated cost of improvements or a sum to be fixed by the public works director as sufficient to reimburse the city for restoring the right-of-way to its original condition, or for correcting any condition arising out of any failure of the permittee to comply with any or all conditions of the permit. Where the size and nature of the project warrant, the public works director may require the additional deposit to indemnify and reimburse the city for work done or for the city in correcting traffic hazards, unsafe conditions, or unacceptable nuisances. [Ord. 98-280-O § 11; Ord. 235 § 14, 1975].
12.15.150 Insurance requirements.
Contractors working on public rights-of-way in the city are required to carry liability insurance of $1,000,000. Exceptions are made for certain low risk contracts which are less than $15,000 per year. In these cases, the liability coverage requirement is reduced to $300,000. Proof of insurance must be provided to the city prior to issuance of an encroachment permit to work within a public right-of-way within the city. [Ord. 87-157-O § 1; Ord. 235 § 14.5, 1975].
12.15.160 Planting in right-of-way.
It is permissible to plant and maintain a lawn or similar ground cover not prohibited by law within the right-of-way of a public highway without a permit. However, the lawn or similar ground cover shall not extend into the traveled way of the public highway nor into the drainage ditches, gutters or other improved facilities. [Ord. 23-418-O § 49; Ord. 235 § 15, 1975].
12.15.170 Sight distance.
No hedge, shrub or other planting and no fence or other structure shall be planted, erected, or maintained in a right-of-way, upon any sidewalk or shoulder without a permit, or in such a manner which impedes, obstructs, denies or impairs the sight distance for safe pedestrian or vehicular traffic. [Ord. 98-280-O § 12; Ord. 235 § 16, 1975].
12.15.180 Penalties.
Every person who performs any work regulated by this chapter, either without first obtaining a permit or having a permit, and fails or refuses to comply with any applicable provisions of this chapter or with any condition of the permit shall be deemed in violation of this chapter and cited into the Rogue River municipal court and shall upon conviction thereof be punished by a fine in a sum not exceeding $1,000. [Ord. 98-280-O § 13; Ord. 235 § 17, 1975].
12.15.190 Appeal.
Any person aggrieved by the refusal or revocation of a permit may appeal to the city council within 30 days after the date of such action. The appeal shall be in the form of a written notice filed with the city administrator/recorder and signed by the applicant. [Ord. 98-280-O § 14; Ord. 235 § 18, 1975].