Cross-reference:
This subchapter shall be known and may be cited as the Street Excavation Ordinance of the city.
(Ord. 1942, passed 11-10-97)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(Ord. 1942, passed 11-10-97)
(A) No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the City Manager. The written application shall state that the applicant agrees to comply with prescribed procedures for making and restoring cuts and to make the necessary payments for work performed by the city. The application, when approved and signed by the City Manager, shall constitute a permit. The permit fees shall be in amounts as established by resolution of the City Council. Fees shall be doubled if the start of construction occurs prior to application of the permit.
(B) One permit may cover more than one cut providing the following conditions are met:
(1) Cuts shall be within a 400-foot section of street.
(2) All work to all cuts is performed by the same contractor.
(3) Each cut is listed on the cut permit with a map showing the location and size.
(C) No permit shall be given to an applicant without information regarding the contractor performing the restoration of the city right-of-way. If more than one contractor is used to perform the cut restoration, or the contractor changes, a new cut permit shall be required.
(Ord. 1942, passed 11-10-97)
(A) The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public, provided that the City Manager may permit the closing of streets and alleys to all traffic for a period of time prescribed by him, if in his opinion it is necessary.
(B) The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than three hundred feet. If an excavation is made across a public street, alley or sidewalk, at least one safe crossing shall be maintained when possible for vehicles and pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one half of the sidewalk width shall be maintained along the sidewalk line.
(C) It shall be the duty of every person making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for safety according Oregon Department of Transportation specifications. Warning signs shall be placed far enough back of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic, all in accordance with Oregon Department of Transportation specifications. The permittee shall notify the city when the public street is again usable to traffic. He shall see that all barriers are removed at this time so that normal traffic routing can proceed. Barriers shall meet Oregon Department of Transportation specifications.
(D) Warning lights shall be electrical markers or flashers used to indicate a hazard to traffic from sunset of each day to sunrise of the next day. Electrical markers or flashers shall emit a light at sufficient intensity and frequency to be visible at a reasonable distance for safety. Reflectors or reflecting materials may be used to supplement, but not replace, light sources.
(E) The permit for a street excavation may require that the permittee give notification to various public agencies and to the general public. In such case, the permit shall not be valid until the notice is given.
(Ord. 1942, passed 11-10-97) Penalty, see §94.99
The permittee shall not interfere with any existing city-owned utility without the written consent of the City Manager. If it becomes necessary to relocate an existing city-owned utility, this shall be done by the city. No utility owned by the city shall be moved to accommodate the permittee unless the cost of the work be borne by the permittee.
(Ord. 1942, passed 11-10-97)
(A) The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of the curb at the gutter line. Whenever a gutter crosses an intersection street, an adequate waterway shall be provided and at all times maintained.
(B) The permittee shall make provisions to take care of all surplus water, muck, silt, slickings or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for damage resulting from his failure to so provide.
(Ord. 1942, passed 11-10-97)
Any monument set for the purpose of locating or preserving the lines of any street or property subdivision or a precise survey reference point or a permanent survey bench mark within the city shall not be removed or disturbed or caused to be removed or disturbed without first obtaining permission in writing from the City Manager to so do. Permission to remove or disturb the monuments, reference points or bench marks shall only be granted upon condition that the person applying for the permission shall pay all expenses incident to the proper replacement of this monument by the city.
(Ord. 1942, passed 11-10-97)
The excavation work shall not interfere with access to vital structures.
(Ord. 1942, passed 11-10-97) Penalty, see §94.99
(A) The City Manager shall require cutting of pavement surfaces ahead of excavations in a manner as to confine pavement damage to the limits of the trench. Pavement wearing surface cuts shall be made with a sharp edged tool which will result in a smooth edge along the sides of the excavation.
(B) Sections of sidewalks shall be removed to the nearest score line or saw cut edge.
(C) Unstable pavement shall be removed over cave-outs and over-breakers, and the subgrade shall be treated as the main trench.
(D) Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench.
(E) Cutouts outside of the trench lines must be normal or parallel to the trench line.
(F) Boring or other methods to prevent cutting of new pavement may be required by the City Manager.
(G) The permittee shall not be required to repair damage existing prior to excavation unless his cut results in small floating sections that my be unstable, in which case the permittee shall remove and refill the area.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
(A) No person shall, without written permission of the City Manager, install any substructure, except manholes, vaults, valve casings, culverts and catch basins at a distance less than:
(1) Streets. Thirty inches below the established street or alley grade.
(2) Parkways.
(a) The minimum depth of any substructure shall be 24 inches below established street or alley grade when the substructure parallels the parkway.
(b) The minimum depth of any substructure shall be 24 inches below the top of the established sidewalk or curb when a substructure is at right angles to the parkway.
(3) Other public places. The minimum depth of any substructure in any other public place shall be 24 inches below the surface; provided, however, that the City Manager may permit a lesser depth in special cases.
(B) Nothing in this section shall impose a duty upon the permittee to maintain the specifications as required herein upon subsequent changes of grade in the surface unless the grade in the substructure interferes with the maintenance of, or travel on, a public street.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
(A) Selected backfill material shall be placed in trenches containing pipe simultaneously on both sides of the pipe for the full width of the trench in layers about six inches in depth and tamped thoroughly with a pneumatic tamper. The entire depth of the trench shall be thoroughly compacted with selected material and by means of hand or mechanically operated tampers, in layers of approximately six inches and shall be brought to the required surface grade without damage to the pipe.
(B) In lieu of the backfilling procedure specified above, river run gravel or crushed rock or gravel may be used for backfilling that portion of the trench more than six inches above the top of the pipe, provided the maximum size of material shall not exceed four inches in diameter and shall be of uniform graduation with 20% or more passing a ¼-inch square screen, ¾”- 0 crushed rock shall be placed in the final 12 inches of the trench and compacted in six-inch lifts, to a smooth finished grade equal to the existing surface.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Each permittee shall conduct excavation work in a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the excavation work, noise, dust and unsightly debris.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
The City Manager shall have inspections made as are reasonably necessary in the enforcement of this subchapter. The permittee shall notify the city prior to backfilling an excavation so that proper inspection may be made.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Every person owning, using, controlling or having an interest in substructures under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city shall file with the City Manager within 120 days after adoption of this chapter a map or set of maps each drawn to a scale of not less than one inch to 200 feet showing in detail the location, size, description and date of installation, if known, of all substructures, except service line designed to serve a single property owner, beneath the surface of the public place belonging to, used by or under the control of the person having any interest and shall file with the City Manager within 15 days after the first day of January of each and every year a corrected map or set of maps each drawn to the scale including all installations made during the previous year to and including the last day of the year provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Immediately after completion of the work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from the work, and upon failure to do so within 24 hours after having been notified to do so by the City Manager, the work may be done by the city and the cost thereof charged to the permittee.
(Ord. 1942, passed 11-10-97) Penalty, see § 94.99
Nothing in this subchapter shall be construed to prevent the making of the excavations as may be necessary for the preservation of life or property or for the location of trouble in a conduit or pipe or for making repairs provided that the person making the excavation shall apply to the City Manager for a permit on the first working day after the work is commenced.
(Ord. 1942, passed 11-10-97)
This subchapter shall not be construed as imposing upon the city or any official or employee any liability responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder, nor shall the city or any official or employee thereof be deemed to have assumed any liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or by the approval of any excavation work.
(Ord. 1942, passed 11-10-97)
In order to conserve new paving and resurfacing of streets, pavement cuts are prohibited therein except for emergency repairs or upon payment of a penalty charge. The maximum period of time for which a penalty shall apply to a street shall be five years. The penalty shall be five times the cost of restoring the pavement surface during the first year, four times the restoration costs during the second year, three times the restoration costs during the third year, two times the restoration costs during the fourth year and equal to the restoration costs during the fifth year. This penalty fee shall be computed in addition to the normal resurfacing charge and shall be computed from the date at which the city accepted the newly paved surface. In order to avoid the necessity of these penalties, the city shall inform utilities and affected property owners before new paving or resurfacing is performed. Provided, however, this section shall not apply to any necessary reservicing of utility lines serving existing structures.
(Ord. 1942, passed 11-10-97)