Chapter 12.16
ADMINISTRATION OF RIGHT-OF-WAY
Sections:
12.16.020 Compliance required.
12.16.030 Minimum standards established.
12.16.040 Implementation of requirements.
12.16.050 Additional use requirements.
12.16.070 Work in rights-of-way—Permit required—Conditions—Equitable remedies.
12.16.080 Exceptions to certain requirements—Interpretation.
12.16.090 Change in use of approach road—Permit required.
12.16.100 Review of permit applications.
12.16.110 Permit regulations and classification.
12.16.130 Exemptions from fee requirement.
12.16.140 Violations—Removal or correction of installations—Prosecution.
12.16.150 Alteration or removal of trees and vegetation in county/local access road right-of-way.
12.16.160 Penalty—Complicity—Equitable remedies.
12.16.170 Right-of-way permit regulations.
12.16.010 Authority.
This chapter is adopted under the authority granted by ORS 374.310. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.020 Compliance required.
All use of county right-of-way shall be in compliance with the standards set forth in this chapter. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.030 Minimum standards established.
The standards contained within this chapter are the minimum standards governing the use of Jefferson County rights-of-way. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.040 Implementation of requirements.
It is the duty of the public works director or the authorized representative to implement the provisions and requirements of these standards in such a way as to carry out their intent and purpose. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.050 Additional use requirements.
The public works director or the authorized representative may impose additional use requirements as are reasonably necessary to protect the interests of the public. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.060 Definitions.
As used in this chapter:
“County road” means a public road under the jurisdiction of the county that has been designated as a county road.
“Driveway/road approach permit” means a permit allowing construction or alteration of a facility which provides ingress to or egress from a county/local access road (i.e., a driveway, an intersecting road or street, a footpath, a bike path, widened vehicular access, etc.). The permit regulations apply to that portion of the facility which is or will be upon a county/local access right-of-way.
“Local access road” means a public road that is not a county road, state highway or federal road.
“Major improvement” means an improvement or alteration for which the public works director thereto deems detailed plans and adherence necessary.
“Minor improvement” means an improvement or alteration for which the public works director does not deem detailed plans necessary.
“Public road” means a road over which the public has the right of use that is a matter of public record.
“Public works director” means the person designated by the board of county commissioners as being responsible for administration of the road activities of the county.
“Right-of-way” means land, property or an interest therein, usually in a strip, acquired for or devoted to road purposes.
“Road” means the entire right-of-way of any public or private way that provides ingress to or egress from property by means of vehicles or other means or that provides travel between places by means of vehicles. “Road” includes, but is not limited to:
1. Ways described as streets, highways, throughways or alleys;
2. Road related structures that are in the right-of-way, such as tunnels, culverts or similar structures; and
3. Structures that provide for continuity of the right-of-way, such as bridges.
“Road encroachment permit” means a permit allowing private facilities of a diverse nature, such as fences, structures, signs and landscaping, to be placed within a county/local access road right-of-way. The permit shall state whether the permitted use is temporary or permanent.
“Road improvement permit” means a permit allowing alterations or improvements, such as grading, surfacing or oiling, of a county/local access road by a person not associated with the public works department.
“Roadway” means the portion of a road, including shoulders, for vehicular use.
“Special permit” means a permit allowing temporary use of a county/local access road right-of-way for business operations or public events, such as log loading, and aircraft taxiway, scheduled public walks, runs and biking events.
“Utility permit” means a permit allowing the placement and routine maintenance of public facilities, such as water and sewer lines, gas lines and transmission lines, within a county/local access road right-of-way. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.070 Work in rights-of-way—Permit required—Conditions—Equitable remedies.
A. Except as otherwise provided in this chapter, no person shall place, build, construct, extend, enlarge or otherwise work on any facility, thing or appurtenance in the right-of-way of a county/local access road without first obtaining a permit therefor from the public works director. This requirement applies to all work, including, but not limited to, the following:
1. Constructing, grading, surfacing or providing drainage facilities under the public right-of-way to a private property driveway or approach road;
2. Pipelines, irrigation lines, sewer lines, underground cables, overhead wires and utility poles;
3. Signs, billboards, symbols, notices, advertisements or directional guides;
4. Sidewalks, curbs, gutters, retaining walls, meters, inlet basins, fences and ornamental objects;
5. Planting of trees or other vegetation; and
6. Mailboxes and supports other than those conforming to design standards provided by the public works department.
B. No person shall construct or maintain any facility, thing or appurtenance within any such right-of-way in violation of any of the conditions of a permit or any of the provisions of this chapter.
C. No person shall use, occupy or maintain any thing or facility placed wholly or partly within the road right-of-way in violation of, or without first obtaining the permits required by, any law in effect at the time such thing or facility is so placed.
D. Nothing in this section shall be construed to prevent the county from removing anything from a county/local access road right-of-way, whether or not the same is installed under a permit or in compliance with this chapter, where the board of county commissioners finds that such removal has become necessary to the public’s use or improvement of the road. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.080 Exceptions to certain requirements—Interpretation.
A. An annual permit for emergency repair and limited maintenance activities may be issued to utilities or licensed installers allowing work to be performed within the right-of-way. Such work shall conform to the standards set forth in the permit. A permit is not required for the following, provided the work does not involve excavation:
1. Performing maintenance or minor improvement to existing facilities lawfully in place;
2. Utilizing lawfully installed facilities as intended when installed, including the following:
a. Inspection and cleaning of sewer and storm water facilities;
b. Inserting cables in existing conduits or making service connections within a terminal structure; and
c. Utilization that is expressly acknowledged by prior permit provisions; and
3. Other miscellaneous minor activities as specifically approved in writing by the public works director or the authorized representative.
B. Nothing in this chapter shall:
1. Limit or affect any of the powers granted to, or duties imposed upon, the board of county commissioners, the department of transportation or the public utility commissioner by ORS 758.010 and 758.020, or any rights granted or authorized under those statutes or any other statutes pertaining to powers, duties and rights of the aforesaid. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.090 Change in use of approach road—Permit required.
A change in the manner of using an approach road that connects to or intersects a county/local access road requires a permit, as provided by ORS 374.305. A changed use includes, but is not limited to:
A. Any physical change requiring excavation, placing of an embankment, a culvert extension, construction of headwalls and repair or alteration of any existing lawfully installed facility pertinent to a driveway or approach road.
B. Any substantial change in the type or number of vehicles reasonably anticipated during the application for, and the review and approval of, the existing permit on file for the driveway or approach road.
C. Any other change in the approach road or its use, which the public works director finds may adversely affect the public’s safety or the public’s interest in the county/local access road in the absence of limitations or conditions. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.100 Review of permit applications.
From the date this chapter becomes effective, the authority contained in ORS 374.305 through 374.325 relating to county/local access roads applies to any facility, thing or appurtenance within a county/local access road right-of-way. After a completed application with the required fee has been submitted, the public works director, or his or her designate, shall review the application and shall issue the permit if he or she determines that the proposal will comply with the provisions of this chapter and the applicable requirements imposed by state law. The director may impose additional written conditions on a permit consistent with the provisions of this chapter if he or she finds such conditions to be necessary to the public interest in the safe use of the road and the preservation of the public improvements therein and on the property adjoining the same. The director may also require the applicant to submit plans which, when approved, will become part of the conditions of the permit. The director shall prepare appropriate forms to assist the applicant in providing the information necessary for the application review. If the applicant disagrees with the director’s interpretation of the regulation or with the conditions imposed by the director, or if the director finds that the proposal raises problems of public safety or problems having to do with the public use or protection of the road, which problems are not addressed in the regulations, the director may refer the application to the board of county commissioners, which board shall, within thirty days, afford the applicant an opportunity to be publicly heard and make its final decision in the matter. If the board finds that the proposal creates a problem to public interests in the road which cannot be solved by the application of the regulations or of adequate conditions, the board shall deny the application. The director shall arrange for whatever field study and inspection he or she deems to be appropriate to assure compliance with requirements. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.110 Permit regulations and classification.
A. The regulations pertaining to each of the various permits issued by the public works director are set forth in Section 12.16.170.
B. A permit fee shall be paid at the time the application for a permit is submitted to the director. All permits issued by the director shall be classified under one of the following headings on a general “Right-of-Way Use Permit” form:
1. Driveway/road approach permit;
2. Road encroachment permit;
3. Road improvement permit;
4. Special permit; and
5. Utility permit.
C. Copies of the regulations appropriate to the classification, as determined by the director, shall be attached to, or referenced on, each permit issued. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.120 Permit fees.
Fees for the various elements of this chapter shall be as established by the Jefferson County board of county commissioners in a separate order. All interest earned on any fees or deposits required herein shall be retained by the county. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.130 Exemptions from fee requirement.
No fee shall be required for a permit in the following circumstances:
A. Where installation of public facilities by public or quasi-public utilities is involved. Under this subsection, “public facilities” shall be limited to and defined as the installation of water lines, sewer lines, gas lines, storm water lines and transmission lines.
B. Where the public works director finds that the organization which proposes the installation is engaged in a nonprofit activity and that the activity is for the benefit of the general public.
C. Where the permitted facility, thing or appurtenance in the right-of-way of the county/local access road is in lawful existence as of the effective date of this chapter; except, that this exemption does not apply to work done after such effective date.
D. In any instance where the director deems it to be in the best interest of the county to waive the permit fee. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.140 Violations—Removal or correction of installations—Prosecution.
A. If any person fails to obtain a permit or to comply with the appropriate regulations or permit conditions, the public works director may take appropriate action to remove or correct the installation and recover the cost from the person responsible, all in accordance with the authority contained in ORS 374.307 and 374.320 as such statutes relate to county/local access roads. However, such action shall not waive the county’s right to prosecute the offender under Section 12.16.160.
B. In addition to the remedies set forth in subsection A, above, or prescribed by ORS 374.307 or 374.320, any person who violates or fails to comply with any of the provisions of this chapter shall be punished as provided in this chapter. A separate Class A offense may be deemed committed each day during or on which such unlawful condition is maintained or continued after citation or notice of violation has been given. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.150 Alteration or removal of trees and vegetation in county/local access road right-of-way.
A. All trees within a county/local access road right-of-way are subject to the county’s control, and no tree may be altered or removed without a special permit from the county. The permit requirement does not apply to public utilities exercising their rights within the right-of-way pursuant to state law or franchise. The authority to issue a permit under this section is delegated to the public works director or heir designate. in issuing a permit, the county shall have the authority to impose such conditions as it deems necessary to the public safety and convenience.
B. The county has and claims the right to remove or alter any tree, or remove any other vegetation, situated entirely within the county/local access road right of way if, in the judgment of the public works director, such removal is necessary to the use or improvement of the road or related facilities or for public safety. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.160 Penalty—Complicity—Equitable remedies.
Whoever violates or fails to comply with any of the provisions of this chapter, including any provision of any standard or technical or other code adopted by reference in this chapter, shall be subject to the provisions of the Jefferson County Uniform Citation Ordinance (Chapter 1.04 of this code) for a Class A violation. (Ord. O-110-02 § 1 Exh. A (part), 2002)
12.16.170 Right-of-way permit regulations.
A. General Conditions.
1. Permits granted under this chapter are for use only on roads under the jurisdiction of the Jefferson County board of county commissioners as defined by 368 Oregon Revised Statutes.
2. The public works department is to be notified a minimum of twenty-four (24) hours prior to starting work within a county road right-of-way.
3. As provided in ORS 758.010, the public works department, acting on behalf of the board of county commissioners, may designate where utilities may be located within a county road right-of-way and may order the location of a facility changed, if deemed necessary.
4. The permit holder shall be responsible for all damage caused by any operation associated with the utility installation. All damaged areas shall be restored to a condition that is as good as or better than that which existed prior to the utility installation.
5. By acceptance of the permit, the permit holder agrees to be responsible for all permit conditions, including the attached special conditions, and such responsibility shall survive the suspension or termination of the permit.
6. The permit holder guarantees all restoration work for a period of one year from the date of completion of the installation, except non-cement/sand slurry backfill under pavements shall be warranted for two years from the date of completion of the installation.
7. Utility permit applications must be accompanied by two sets of plans or a sketch that accurately depicts and locates the work to be done so that someone unfamiliar with the work can determine the location of the installation. Such plans must be adhered to unless written permission to vary therefrom is granted by the county public works director.
8. Prior to issuance of a utility permit, the applicant must submit color photos or videos of the work area for approval by the public works director. All photographs or videos become the property of Jefferson County. Photographs must be taken frequently enough to provide continuous, clear views of the work area, generally every one hundred (100) feet. Also, photographs must be taken of culvert ends, retaining walls, fences, unusual pavement conditions or any other thing or facility likely to be affected by the utility construction. Photo size is to be the standard three inches by five inches. In lieu of photographs, videotapes may be accepted on medium and large projects. Videos must be on a video format specified by the director of public works. The following information must be recorded on the back of each photo or included on the video or video label:
a. Date;
b. Address; and
c. Signature of person taking photos.
9. All aboveground facilities installed within the Jefferson County right-of-way shall conform with the current clear zone and site distance standards of AASHTO. Installations in conflict with road drainage improvements and maintenance activities shall not be permitted. Plans submitted for review will be reviewed with respect to current and future planned development of the roadway. Proposed utility installation conflicting with such roadway development will be rejected until all such conflicts are resolved.
10. Traffic Control. Traffic control in accordance with the requirements of the current edition of the Manual of Uniform Traffic Control Devices (M.U.T.C.D.) manual and “Short Term Traffic Control Handbook” of the Oregon Department of Transportation shall be the responsibility of the contractor. A traffic control plan, approved by the public works director, shall be on file at the office of Jefferson County public works and shall be available on site prior to beginning work on the utility improvements.
11. Hold Harmless Clause. The permit holder agrees that his or her performance under the permit is at his or her own sole risk and that he or she shall indemnify Jefferson County, its agents and employees and hold them harmless from any and all liability for damages, costs, losses and expenses resulting from, arising out of or in any way connected with the permit, or from the permit holder’s failure to perform fully under the permit. The permit holder further agrees to defend Jefferson County, its agents and employees, against all suits, actions or proceedings brought by any third party against them for which the permit holder would be liable under this chapter.
B. Special Conditions. Compliance with the applicable “special conditions for underground utilities within county road rights-of-way” is required. It is the general policy of Jefferson County that all utilities crossing a paved county right-of-way which has a pavement condition index of seventy (70) or greater shall use a non-evasive boring technique to cross the county right-of-way, which shall be constructed as required by the public works director.
C. Special Conditions for Underground Utilities Within County Road Rights-Of-Way.
1. Maximum Length of Open Trench. Unless otherwise approved by the public works director, or the authorized representative, backfilling of longitudinal trenches shall be accomplished so that no more than two hundred (200) feet of trench is left open at any time. No more than half of the road may be closed at any time for either longitudinal or transverse trenches, unless otherwise approved.
2. Cement/Sand Slurry Backfill and Backfill Maintenance. All paved surface cuts shall be backfilled with one sack cement/sand slurry (flowable grout backfill) poured at a six- to eight-inch slump. Slurry shall extend from the pipe zone to finish grade and shall be plated with half-inch minimum steel plates of sufficient width to overlap the trench by six inches. “Bump” signs must be placed on either side of the plates to warn traffic. Steel plates shall be left in place until slurry is set. Plywood may not be used for traffic to pass over. The flowable grout backfill is to stand on the angle of repose, or it may be vertical if the edges are formed first.
The surface of backfilled trenches using an alternate backfill material on larger longitudinal trenches shall be watered and graded as often as necessary to keep the traveled way smooth and dust free. If required by the public works director, an approved dust palliative shall be applied.
3. Temporary Pavement Replacement. Cross-trenches or other local pavement cuts shall be repaved immediately, except that if the contractor chooses to wait until all trenching and backfilling is completed, temporary asphalt covering (cold mix) may be constructed. The temporary surfacing shall be removed in its entirety before placement of the permanent pavement. The permanent pavement repairs for the project shall be complete within two weeks of the completion of utility installation if weather permits and hot asphalt cement is available.
4. Compaction Testing. Compaction testing shall proceed within a short distance behind the compaction phase. The permit holder shall perform the testing at such locations and elevations as will be representative of the entire backfill. The final decision as to the location and frequency of testing shall reside entirely with the county public works director or his or her authorized representative. Fills placed within the roadbed will be compacted to a minimum of ninety-five percent (95%). Fills placed outside the roadbed will be compacted to a minimum of eighty-five percent (85%). Compaction shall be in accordance with AASHTO T-191.
Areas showing failing compaction tests shall receive further attention without undue delay. Further attention may involve additional compactive effort, other compactive method or replacement of the backfill material. In no case shall the main excavation phase proceed until the failing section has been corrected, unless otherwise approved by the county public works director.
5. Prosecution and Progress of Road Restoration. Traffic safety and convenience shall receive utmost consideration at all times. The permit holder shall ensure that road restoration work is completed as quickly as practicable after trench compaction and testing. On lengthy projects, complete road restoration may be required on one section prior to the continuance of the excavation phase on another.
6. Inspector. When required by the public works director, the permit holder shall provide for a full-time representative on the project. The representative shall be an experienced inspector or engineer who will be responsible to ensure compliance with the contract documents and the county’s general and special conditions of the project permit.
In case of conflict between the project plans and contract documents and the “terms and conditions” of the permit, the latter shall prevail.
7. Standards and Specifications. Except as otherwise shown or referred to in this subsection or as otherwise approved by the public works director, all work and materials affecting road and road structures shall conform to Jefferson County Road Design Standards “12.18 Road Design Standards” and “12.20 Road Construction Standards.” Such standards include, by reference, the Oregon State Highway “Standard Specifications for Highway Construction” and “Manual on Uniform Traffic Control Devices” (M.U.T.C.D.). Items not specifically covered in the county standards shall default to the ODOT standards.
The director of public works may impose additional conditions on installations in areas with a potential for reconstruction of the county road within twenty (20) years of the utility placement to avoid conflict with the county standard typical road section for the class of road involved with the project.
8. Cleanup and Repair. All areas affected by the construction shall be brought to an “as good as or better” condition prior to completion of the project. Repairs shall include, but are not limited to:
a. Roadway Repair. In addition to road reconstruction within the trench area, the permit holder shall ensure the repair of any other sign, pavement, base materials, or subgrade damaged as a result of project operations. This includes damage to shoulders and pavement edges caused by detouring traffic and equipment around the work area. In case of excessive damage, reconstruction or an asphaltic overlay may be required.
b. Replacement of Contaminated Gravel. All gravel surfaces contaminated with mud, dirt, oversize rock or other foreign material shall be removed and replaced with 3/4" – 0" rock meeting the ODOT materials requirements.
c. Slopes and Roadside Ditches. Slopes and roadside ditches shall be trimmed, smoothed and compacted to match the original lines and grade.
d. Driveways. Concrete or asphalt driveways shall continue road profile for a minimum of three feet from the road edge.
e. Culverts. Culverts damaged during the installation of the utility shall be repaired to a fully functional condition. If a culvert is damaged to the extent that it cannot be returned to complete function, the culvert shall be replaced at the sole expense of the permittee. Installations will not be permitted over the top of the culvert. If longitudinal location is permitted, the utility shall pass a minimum of one foot below culverts, and shall be installed in conduit for a minimum of ten (10) feet on either side of the culvert. No utility shall cross an alignment within ten (10) feet of an existing culvert.
f. General Cleanup. The contractor shall at all times keep the roadway clean and orderly. All broken pavement, concrete, excess excavation material or other objectionable material shall be promptly removed from the county road right-of way.
9. Miscellaneous Conditions.
a. Detours. All requests for detours shall be submitted well in advance with a detour plan showing traffic signing proposed. The county public works director will permit no detour until approval of the plan. When the plan is approved, the permit holder shall notify all emergency agencies, school districts and postal carriers concerning the location and duration of the detour.
b. Backfill Compaction by Water Settlement Method.
i. The permit holder shall, prior to backfilling any significant portion of trench, demonstrate by approved testing methods that the specified compaction is obtainable. Excessive groundwater infiltration or retainage of water in the backfill material will not serve as sufficient reason for not achieving specified compaction.
ii. Water settling (jetting or ponding) shall proceed within a short distance behind the backfilling operation. Lateral trenches, other new excavation or re-excavation which may occur at a later time shall be compacted separately and, if necessary, by mechanical means in order to achieve the specified compaction.
c. Pavement Replacement. Immediately prior to patching the trench with asphaltic concrete, the existing pavement shall be neatly cut with a pavement saw. All cracked or raveled pavement shall be removed without creating abrupt edges in the cut line. Pavement trimming, finishing of the gravel surface, tacking the edges and pavement replacement shall be performed only under the direct supervision of the public works director or his authorized representative. unless otherwise approved by the director, all trenches within a paved, traveled way shall be resurfaced with asphaltic concrete within ten (10) calendar days after testing and approval of the backfill. The finished surface of the new pavement, when tested with a ten (10) foot straight edge shall not vary from the testing edge by more than one-quarter inch at any point. Only workers thoroughly familiar with asphalt finishing work shall construct the top course of asphalt.
A “0-33” seal coat of the entire paved surface in the project area may be required after the asphaltic concrete patching has been completed on projects having numerous cross trenches or where there has been extensive damage to the surface.
On longitudinal trenches, unless otherwise approved by the director of public works, the existing pavement shall be removed and replaced to full paving machine width (normally ten (10) feet). Drag boxes or other pull-type asphalt spreaders will not be permitted for longitudinal trench pavement replacement.
d. Manhole and Valve Box Adjustment. Manholes, valve boxes and similar structures shall be raised to finished grade after paving is completed. The structure surface shall be no greater than one-quarter inch lower than the surrounding surface when tested with a ten (10) foot straight edge. Class “C” asphaltic concrete may be used to fill in the void around the structure unless otherwise directed by the public works director. If the director so requires, concrete collars shall be constructed in accordance with the department’s standard drawing “CONCRETE COLLARS FOR MANHOLES, VALVE BOXES, ETC.” Usually, concrete will only be required (a) when it is impractical to maintain adequate working temperature for asphaltic concrete and (b) where the structure configuration fails to provide adequate support to prevent being displaced by traffic.
e. Weed Control Chemical Re-Application. Shoulders requiring re-application of weed control chemicals due to utility installations will be treated by the Jefferson County public works department. The permit holder shall reimburse the public works department at the current rate of application.
D. Underground Utility Installation Within County Road Right-of-Way.
1. Longitudinal utility installations shall not be allowed within the roadbed section, including ditches and fill slopes, unless the conditions are such that installation outside the ditch line would present an extreme difficulty. Additional expense shall not constitute an extreme difficulty. The burden of proving “extreme difficulty” shall lie with the applicant. The public works director may add additional requirements if they are deemed necessary to protect the county improvements.
2. Utility installations will not be permitted to cross over culverts. If longitudinal location is permitted, the cable shall pass a minimum of one foot below all culverts and shall be installed in conduit for a minimum of ten (10) feet on either side of the culvert.
3. When located outside the roadbed section, the utility shall be placed as near the right-of-way line as possible, while maintaining a generally uniform distance from the road centerline.
4. Warning signs shall be placed at frequent intervals over the utility, including both sides of road crossings.
5. The minimum depth for all power cables shall be thirty-six (36) inches measured vertically from the bottom of roadbed ditch crossings, unless the conditions are such that installation at this depth would present an extreme difficulty. The minimum depth for all other utilities shall be thirty (30) inches measured vertically from the bottom of roadbed ditch crossings, unless the conditions are such that installation at this depth would present an extreme difficulty. The burden of proving “extreme difficulty” shall lie with the applicant. If variation in installation is allowed, the public works director may place additional requirements on the project if deemed necessary to ensure safety or protect the county improvements. Under no circumstances shall the depth of power cable be less than thirty-six (36) inches, unless contained in steel conduit pipe.
6. The public works director may impose additional conditions on installations in areas with a potential for reconstruction within twenty (20) years of the utility placement to avoid conflict with the county standard typical road section for the class of road involved with the project.
E. Normal Working Hours. Working hours for the permitted work shall be from six a.m. to nine p.m. on weekdays. Work on weekends or holidays must be approved in advance by the public works director. The permit holder may be required to reimburse the county for inspection costs for any work that is permitted outside of normal departmental working hours.
F. Revocation of Permit.
1. Failure of the permit holder to ensure strict conformance with all permit conditions shall be considered good and sufficient cause for revocation of the permit allowing work within the county road right-of-way.
2. Revocation of the permit will result in a “stop work order” on all or portions of the project.
3. Work performed within the county road right-of-way without a valid permit is in violation of Oregon Revised Statutes 374.305 and 552.438, and penalties shall be applied as “Class A” in accordance with the Jefferson County Uniform Citation Ordinance (Chapter 1.04 of this code). In accordance with Chapter 1.04 of this code, a sentence to pay a fine for an infraction of the “Administration of Right-of-Way” Ordinance shall be a sentence to pay an amount not exceeding six hundred dollars ($600.00); a sentence to pay a fine for a continuing infraction shall not exceed one thousand dollars ($1,000.00). For any person who causes or maintains a condition in violation of the “Administration of Right-of-Way” Ordinance, every day during which such unlawful condition is thus maintained or continued after citation or notice of violation has been given may be charged as a separate offense. (Ord. O-110-02 § 1 Exh. A (part), 2002)