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1995-17142-Ordinance No. 95-035 Recorded 5/18/199595-1'7142 REVIE ED LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 12, Roads, Sidewalks & Public Places, of the Deschutes County Code and Declaring an Emergency. ORDINANCE NO. 95-035 0146-1052 THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. Amendment. Title 12, "Roads, Sidewalks and Public Places," as presented here in its codified form is further amended to read as set forth in Exhibit "A," attached hereto and by this reference incorporated herein, with new language in bold type and deletions noted in brackets. Section 2. Severability. The provisions of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Codification. County Legal Counsel shall have the authority to format the provisions contained herein in a manner that will integrate them into the County Code consistent with the Deschutes County Form and Style Manual for Board Documents. Such codification shall include the authority to make such changes, to make changes in numbering systems and to make such numbering changes consistent with interrelated code sections. In addition, as part of codification of these ordinances, County Legal Counsel may insert appropriate legislative history reference. Any legislative history references included herein are not adopted as part of the substance of this ordinance, but are included for administrative convenience and as a reference. They may be changed to correct errors and to conform to proper style without action of the Board of County Commissioners. Section 4. Repeal of Ordinances as Affecting Existing Liabilities. The repeal, express or implied, of any ordinance, ordinance provision, code section, or any map or any line on a map incorporated therein by reference, by this amending ordinance shall not release or extinguish any duty, condition, penalty, forfeiture, or liability previously incurred or that may hereafter be incurred under such ordinance, unless a provision of this amending ordinance shall so expressly provide, and such ordinance repealed shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such duty, dition, penalty, forfeiture, or liability, and for the purpose of ut orizing PAGE 1 - ORnTNAWrR Nn_ 9q -n35 (5/17/95) "'�+E� l MAY I � 1995 0146=1053 the prosecution, conviction and punishment of the person or persons who previously violated the repealed ordinance. Section 5. Emergency. This ordinance being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this ordinance takes effect on its passage. DATED this 17th day of May, 1995. BOARD OF COUNTY COMMISSIONERS N7= TY, OREGON I / MAJ 10 7 ATT T: NANCY OPE SCH GEN, Commissi I ner Recording Secretary ROB T L. NIPPER, Commis inner PAGE 2 - ORDINANCE NO. 95-035 (5/17/95) 0140-1054 EXHIBIT "A" Title 12 ROADS, SIDEWALKS AND PUBLIC PLACES Chapters: Division I. Road Utility Permits 12.04 General Provisions and Definitions 12.08 Permit Procedures 12.12 Administrative Provisions 12.16 Policy Guidelines and Variances 12.20 Specifications for Location, Construction, Operation, Maintenance, Repair, Relocation and Removal 12.24 Violation -Penalty Division II. Miscellaneous Regulations 12.28 Driveways and Street Improvements 12.32 Water on Public Rights of Way 12.35 Sidewalks 12.40 License Agreements for Unused Rights of Way 12.44 Sewer and Water Facilities 12.48 Local Improvements Division I. Road Utility Permits Chapter 12.04 GENERAL PROVISIONS AND DEFINITIONS Sections: Definition -Manhole. 12.04.010 Short title. 12.04.020 Purpose. 12.04.030 Statutory authority. 12.04.040 Editorial revision. 12.04.050 Interpretation of provisions. 12.04.060 Definitions -Interpretation of 12.04.270 language. 12.04.065 Definition -Administrator. 12.04.070 Definition -Applicant. 12.04.071 Definition -Auxiliary Lanes. 12.04.075 Definition -Backfill. 12.04.080 Definition -Bedding. 12.04.085 Definition -Board. 12.04.090 Definition -Buried cable. 12.04.095 Definition -Bury. 12.04.100 Definition -Cap. 12.04.105 Definition -Carrier. 12.04.110 Definition -Casing. 12.04.115 Definition -Clear roadside 12.04.325 policy. 12.04.120 Definition -Coating. 12.04.125 Definition -Conduit. 12.04.130 Definition -County. 12.04.135 Definition -County road. 12.04.140 Definition -Cradle. 12.04.145 Definition -Dedicated public road. 12.04.150 Definition -Direct burial. 12.04.155 Definition -District attorney. 12.04.160 Definition -Drain. 12.04.165 Definition -Duct. 12.04.170 Definition -Encasement. 12.04.175 Definition -Encroachment. 12.04.180 Definition -Flexible pipe. 12.04.185 Definition -Gallery. 12.04.190 Definition -Grounded. 12.04.195 Definition -Grout. 12.04.200 Definition -Highway. 12.04.205 Definition -Jacket. 0146-1055 12.04.210 Definition -Manhole. 12.04.215 Definition -New utility 12.04.245 installations. 12.04.220 Definition -Normal. 12.04.225 Definition -Oblique. 12.04.230 Definition -Overfill. 12.04.235 Definition -Pavement 12.04.010 Short title. This title and amendments thereto may be collectively known as the 'Deschutes County Road Utility Permit Ordinance." (Ord. 203-7 § 1.010, 1976) 12.04.020 Purpose. It is considered in the public interest for utility facilities to be accommodated on the rights of way of all county roads and dedicated public roads when such use and occupancy of the right of way do not interfere with the free Chapter 12.04 1 (5/95) structure. 12.04.240 Definition -Pipe. 12.04.245 Definition -Pipeline. 12.04.250 Definition -Pole line. 12.04.255 Definition -Pressure. 12.04.260 Definition -Right of way. 12.04.265 Definition -Rigid pipe. 12.04.270 Definition -Road. 12.04.275 Definition -Roadside. 12.04.280 Definition -Roadway. 12.04.285 Definition -Road construction project limits. 12.04.290 Definition -Semirigid pipe. 12.04.295 Definition-Sidefill. 12.04.300 Definition -Slab (floating). 12.04.305 Definition -Sleeve. 12.04.310 Definition -Special provisions. 12.04.315 Definition -Street. 12.04.320 Definition -Structure. 12.04.325 Definition -Traveled way. 12.04.330 Definition -Trenched. 12.04.335 Definition-Untrenched. 12.04340 Definition -Use and occupancy agreement. 12.04345 Definition -Vent. 12.04350 Definition -Walled. 12.04.010 Short title. This title and amendments thereto may be collectively known as the 'Deschutes County Road Utility Permit Ordinance." (Ord. 203-7 § 1.010, 1976) 12.04.020 Purpose. It is considered in the public interest for utility facilities to be accommodated on the rights of way of all county roads and dedicated public roads when such use and occupancy of the right of way do not interfere with the free Chapter 12.04 1 (5/95) and safe flow of traffic or otherwise impair the highway or its visual quality. In accordance with that determination and the provisions set forth in section 12.04.030, this chapter is adopted to provide a policy and procedure for such accommodation. (Ord. 203-7 § 1.020, 1976) 12.04.030 Statutory authority. The Board of County Commissioners is authorized by Oregon Revised Statutes 374.305 through 374.330, 758.010 and 758.020 to adopt reasonable rules and regulations and to issue permits for the use of all county road and dedicated public road rights of way by utility facilities, including privately owned lines. The United States Department of Transportation, Federal Highway Administration Regulations require regulation of such utility facilities occupying federal aid highway projects on county roads constructed after October 1, 1969, on a continuous basis in accordance with a satisfactory utility accommodation policy for the type of highway involved. (Ord. 203-7 § 1.025, 1976) 12.04.040 Editorial revision. The district attorney may at any time direct such changes regarding currently maintained copies of this title and amendments as the legislative counsel is authorized to perform regarding acts of the Legislature, pursuant to Oregon Revised Statutes 173.160; provided, that such editorial revision be directed by written memorandum filed with the County Clerk, but subject to disapproval by the Board of Commissioners at its next regular meeting thereafter. (Ord. 203-7 § 1.060, 1976) 12.04.050 Interpretation of provisions. A. The provisions of this title shall be liberally construed to effect the purposes set forth in this chapter. Each provision requiring an applicant to furnish information shall be construed as intended to provide the county with all information which may be of assistance in evaluating the safety, utility, convenience, necessity and reliability of the 0146-1056 applicant and its proposed facility. B. The provisions of this title are declared to be minimum requirements fulfilling the applicant's obligations and where any provisions of this title may be less restrictive than conditions imposed by any other provision of this title, by and other law, rule or regulation of the county or another governmental unit, then the more restrictive shall apply. C. This title shall at all times be interpreted to be consistent with the county comprehensive plan. (Ord. 203-7 § 1.030, 1976) 12.04.060 Definitions -Interpretation of language. The following definitions apply whenever the indicated term is used in this title. Words used in the present tense include the future. Words used in the singular number include the plural and words used in the plural include the singular. The word "shall" is mandatory and not directory. (Ord. 203-7 § 1.500, 1976) [12.04.070 Definitions -A.] 12.04.065 Definition -Administrator. "Administrator" means the administrator of this title, whether he be a director of public works, county engineer or county roadmaster or his authorized representative. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.510, 1976) 12.04.070 Definition -Applicant. "Applicant" means a corporation, company, firm, business, municipal corporation, partnership, individual or individuals named as such in the permit, together with their agents, employees, representatives, contractors, heirs and assigns. (Ord. 95-035 § 1, 1995; Ord. 203- 7 § 1.510, 1976) 12.04.071 Definition -Auxiliary Lanes. "Auxiliary lanes" means the portion of the roadway adjoining the traveled way for parking, speed change, turning, storage for turning, weaving, truck climbing, and other Chapter 12.04 2 (5/95) purposes supplementary to through -traffic movement. (Ord. 95-035 § 1, 1995) [12.04.080 Definitions -B.] 12.04.075 Definition -Backfill. "Backfill" means replacement of soil around and over a pipe. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.530, 1976) 12.04.080 Definition -Bedding. "Bedding" means organization of soil to support a pipe. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.530, 1976) 12.04.085 Definition -Board. "Board" means the Deschutes County Board of Commissioners. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.530, 1976) 12.04.090 Definition -Buried cable. "Buried cable" means any and all cables, wires, conduits, pedestals or related fixtures authorized in the permit. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.530, 1976) 12.04.095 Definition -Bury. "Bury" means the depth of the top of the pipe below grade of roadway or ditch. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.530, 1976) [12.04.090 Definitions -C.] 12.04.100 Definition -Cap. "Cap" means rigid structural element surmounting a pipe. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.550, 1976) 12.04.105 Definition -Carrier. "Carrier" means pipe directly enclosing a transmitted fluid, liquid or gas. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.550, 1976) 12.04.110 Definition -Casing. "Casing" means a larger pipe enclosing a carrier. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.550, 1976) 0146-x1057 12.04.115 Definition -Clear roadside policy. "Clear roadside policy" means the policy employed by a highway authority to increase safety, improve traffic operation and enhance the appearance of highways by designing, constructing and maintaining highway roadsides as wide, flat and rounded, as practical and as free as practical from physical obstructions above the ground, such as trees, drainage structures, massive sign supports, utility poles and other ground -mounted obstructions. (Ord. 95-035 § 1,1995; Ord. 203- 7 § 1.550, 1976) 12.04.120 Definition -Coating. "Coating" means material applied to or wrapped around a pipe. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.550, 1976) 12.04.125 Definition -Conduit. "Conduit" means an enclosed tubular runway for protecting wires or cables. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.550, 1976) 12.04.130 Definition -County. "County" means a political subdivision of the State of Oregon. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.550, 1976) 12.04.135 Definition -County road. "County road" means any public road maintained by the county. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.550, 1976) 12.04.140 Definition -Cradle. "Cradle" means rigid structural element below and supporting a pipe. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.550, 1976) [12.04.100 Definitions -D.] 12.04.145 Definition -Dedicated public road. "Dedicated public road" means any public street or road which is not maintained by the county but over which the board has jurisdictional authority. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.570, 1976) Chapter 12.04 3 (5/95) 12.04.150 Definition -Direct burial. 'Direct burial' means installing a utility facility underground without encasement, by plowing. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.570, 1976) 12.04.155 Definition -District attorney. "District attorney" means the district attorney of the State of Oregon for Deschutes County. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.570, 1976) 12.04.160 Definition -Drain. "Drain" means an appurtenance to discharge liquid contaminants from casings. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.570, 1976) 12.04.165 Definition -Duct. "Duct" means a conduit as defined in section [12.04.090] 12.04.125 of this chapter. (Ord. 95- 035 § 1, 1995; Ord. 203-7 § 1.570, 1976) [12.04.110 Definitions -E.] 12.04.170 Definition -Encasement. "Encasement" means the structural element surrounding a pipe. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.590, 1976) 12.04.175 Definition -Encroachment. "Encroachment" means unauthorized use of highway rights of way or easements as for signs, fences, buildings, etc. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.590, 1976) [12.04.120 Definitions -F.] 12.04.180 Definition -Flexible pipe. "Flexible pipe" means a plastic, fiberglass or metallic pipe having large ratio of diameter to wall thickness which can be deformed without undue stress. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.610, 1976) [12.04.130 Definitions -G.] 12.04.185 Definition -Gallery. "Gallery" means an underpass for two or more pipelines. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.630, 1976) 0146-1058 12.04.190 Definition -Grounded. "Grounded" means connected to earth or to some emended conducting body which serves instead of the earth whether the connection is intentional or accidental. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.630, 1976) 12.04.195 Definition -Grout. "Grout" means cement and sand mortar. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.630, 1976) [12.04.140 Definitions -H.] 12.04.200 Definition -Highway. "Highway" means a public way for purposes of vehicular travel, including the entire area within the right of way. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.650, 1976) [12.04.150 Definitions -J.] 12.04.205 Definition -Jacket. "Jacket" means an encasement by concrete poured around a pipe. (Ord. 95-035 § 1,1995; Ord. 203-7 § 1.690. 1976) [12.04.160 Definitions -M.] 12.04.210 Definition -Manhole. "Manhole" means an opening in an underground system which workmen or others may enter for the purpose of making installations, inspections, repairs, connections and tests. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.750, 1976) [12.04.170 Definitions -N.] 12.04.215 Definition -New utility installations. "New utility installations" means both the initial installation and replacement of existing facilities with those of a different type or the replacement at a new location. Any replacement of an existing facility or portion thereof with another of the same type at the same location shall be considered maintenance rather than new utility installation. (Ord. 95- 035 § 1, 1995; Ord. 203-7 § 1.770, 1976) Chapter 12.04 4 (5/95) 12.04.220 Definition -Normal. "Normal" means crossing at a right angle. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.770, 1976) [12.04.180 Definitions -0.] 12.04.225 Definition -Oblique. "Oblique" means crossing at an acute angle. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.790, 1976) 12.04.230 Definition -Overfill. "Overfill" means backfill above a pipe. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.790, 1976) [12.04.190 Definitions -P.] 12.04.235 Definition -Pavement structure. "Pavement structure" means the combination of subbase, base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.810, 1976) 12.04.240 Definition -Pipe. "Pipe" means a tubular product made as a production item for sale as such. Cylinders formed from plate in the course of the fabrication of auxiliary equipment are not pipe as defined in this chapter. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.810, 1976) 12.04.245 Definition -Pipeline. "Pipeline" means any and all pipelines, hydrants, valve boxes, manholes, conduits or related fixtures authorized in the permit. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.810, 1976) 12.04.250 Definition -Pole line. "Pole line" means any and all poles, wires, guys, anchors or related fixtures authorized in the permit. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.810, 1976) 12.04.255 Definition -Pressure. "Pressure" means relative internal pressure in psig (pounds per square inch gauge). (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.810, 1976) 0146-1059 [12.04.200 Definitions -R.] 12.04.260 Definition -Right of way. "Right of way" means land, property or interest therein, usually in a strip, acquired for or devoted to transportation purposes. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.850, 1976) 12.04.265 Definition -Rigid pipe. "Rigid pipe" means a welded or bolted metallic pipe or reinforced, prestressed or pretensioned concrete pressure pipe designed for diametric deflection of less than one percent. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.850, 1976) 12.04.270 Definition -Road. "Road" means a highway as defined in section [12.04.140] 12.04.200 of this chapter. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.850, 1976) 12.04.275 Definition -Roadside. "Roadside" means the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.850, 1976) 12.04.280 Definition -Roadway. "Roadway" means the portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.850, 1976) 12.04.285 Definition-Roadconstruction project limits. "Road construction project limits" means the entire construction area, whether inside or outside the right of way. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.850, 1976) [12.04.210 Definition -S.] 12.04.290 Definition -Semirigid pipe. "Semirigid pipe" means a large diameter concrete or metallic pipe designed to tolerate Chapter 12.04 5 (5/95) diametric deflection up to three percent. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.870, 1976) 12.04.295 Definition-Sidefill. "Sidefill" means backfill alongside a pipe. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.870, 1976) 12.04300 Definition -Slab (floating). "Slab (floating)" means a slab between but not contacting pipe or pavement. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.870, 1976) 12.04305 Definition -Sleeve. "Sleeve" means short casing through pier or abutment of highway structure. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.870, 1976) 12.04310 Definition -Special provisions. "Special provisions" means those provisions shown under the heading "Special Provisions" in the permit. In all cases of conflict between the special provisions and general provisions, the special provisions shall have precedence. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.870, 1976) 12.04315 Definition -Street. "Street" means a highway as defined in section [12.04.140] 12.04.200 of this chapter. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.870, 1976) 12.04320 Definition -Structure. "Structure" means any bridge, box culvert, culvert pipe, storm sewer pipe, catchbasin or manhole. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.870, 1976) [12.04.220 Definitions -T.] 12.04325 Definition -Traveled way. "Traveled way" means the portion of the roadway for the movement of vehicles, inclusive of shoulders and auxiliary lanes. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.890, 1976) 0146-°1060 12.04.330 Definition -Trenched. "Trenched" means installed in a narrow open excavation. (Ord. 95-035 § 1,1995; Ord. 203-7 § 1.890, 1976) [12.04.230 Definitions -U.] 12.04.335 Definition-Untrenched. "Untrenched" means installed without breaking ground or pavement surface, such as by jacking or boring. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.910, 1976) 12.04340 Definition -Use and occupancy agreement. "Use and occupancy agreement" means the document by which the highway authority regulates and/or gives approval of the use and occupancy of highway rights of way by utility facilities or private lines. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 1.910, 1976) [12.04.240 Definitions -V.] 12.04345 Definition -Vent. "Vent" means an appurtenance to discharge gaseous contaminants from casings. (Ord. 95- 035 § 1, 1995; Ord. 203-7 § 1.930, 1976) [12.04.250 Definitions -W.] 12.04350 Definition -Walled. "Walled" means partially encased by concrete poured alongside the pipe. (Ord. 95- 035 § 1, 1995; Ord. 203-7 § 1.950, 1976) Chapter 12.04 6 (5/95) Chapter 12.08 PERMIT PROCEDURES Sections 12.08.010 Permit -Application required. 12.08.020 Application -Exhibit maps. 12.08.030 Permit-Approvalandissuance. 12.08.040 Board review. 12.08.050 Permit-Terminationconditions. 12.08.060 Civil Rights Act provisions. 12.08.070 Permit -Rights granted. 12.08.080 Permit and application forms. 12.08.090 Limited permit and application form. 12.08.100 Annual permit and application form. 12.08.010 Permit -Application required. Application for a permit under this title shall be made to the office of the administrator, using the "Limited Application and Permit to Occupy and Perform Operations Upon a County Road" form set forth in section 12.08.090 of this chapter or the "Annual Application and Permit to Occupy and Perform Operations Upon a County Road" form set forth in section 12.08.100 of this chapter. Unless waived by the administrator, two copies of the form shall be submitted and [he] the administrator may require additional information when [he] the administrator deems it necessary or convenient to a decision upon the permit. (Ord. 95-035 § 1, 1995; Ord. 203-7 § 5.510, 1976) 12.08.020 Application -Exhibit maps. Each copy of the limited application form shall be accompanied by an exhibit map unless waived by the administrator. For the annual permit two copies of the exhibit map for each installation shall be submitted for approval before new utility installations unless waived by the administrator. The exhibit maps shall be done in accordance with section 12.16.150 of this title. (Ord. 203-7 § 5.520, 1976) 0146°1061 12.08.030 Permit -Approval and issuance. The administrator shall review the application for conformance with this chapter, shall add any special provisions considered necessary or appropriate, and if it complies with the provisions of this chapter, including the policy considerations set forth in chapter 12.20 of this title, may approve and issue the completed permit. (Ord. 203-7 § 5.530, 1976) 12.08.040 Board review. If the permit is denied by the administrator or if the special provisions imposed are unsatisfactory to the applicant, or in any case referred by the administrator, at the request of applicant or administrator the board may review the application for permit. The board's decision thereon shall be final and subject only to review for an abuse of discretion. (Ord. 203-7 § 5.540, 1976) 12.08.050 Permit -Termination conditions. A permit once issued shall terminate as follows: A. Unless otherwise provided in the special provisions at the discretion of the board, the permit shall be and remain in effect for a period of 20 years from the date issued and thereafter shall automatically renew for 10 - year periods indefinitely unless written notice of revocation is duly given at least three months before the expiration of any such period or unless sooner revoked by the mutual consent, or unless sooner revoked by the board for applicant's failure to abide by the terms and conditions of the permit, or unless sooner revoked by operation of law, or unless the utility for which the permit is issued ceases operation. B. Failure of the applicant within a reasonable time after written notice from the board to comply with any of the terms and conditions of the permit shall be sufficient cause for immediate cancellation of the permit. C. The permit and privileges granted and Chapter 12.08 1 (5/95) the obligation of the permittee created thereby shall be binding upon the successors and assigns of the permittee. The permittee shall give the board written notice of any such assignment or transfer within a reasonable time thereafter. D. If the applicant fails to commence installation of the pole line, buried cable or pipeline covered by the permit within 90 days from the date the permit is issued, such permit shall be deemed null and void and all privileges thereunder forfeited, unless a written extension of time is obtained from the administration. (Ord. 203-7 § 5.550, 1976) 12.08.060 Civil Rights Act provisions. In those instances where the section of county road covered by the permit is part of a federally assisted highway and the permit covers utilities which do not come under the provisions of Oregon Revised Statutes 758.010 and 758.020, the applicant and his contractors shall agree to comply with the provisions of Title VI of the Civil Rights Act of 1964. (Ord. 203-7 § 5.570, 1976) 12.08.070 Permit -Rights granted. Nothing in the permit is intended to grant rights or imply approval in areas not falling within the authority and jurisdiction of the board. It is the responsibility of the applicant to determine the need for and to obtain such licenses, permits or other forms of approval which may be required by state agencies, federal agencies, cities, municipal corporation, utility companies, railroads or private property owners. (Ord. 203-7 § 5.580, 1976) 12.08.080 Permit and application forms. All applications made and permits issued under this chapter shall be in substantially the following form, as set out in sections 12.08.090 and 12.08.100 of this chapter. (Ord. 203-7 § 5.590, 1976) 12.08.090 Limited permit and application form. The contents of the limited permit and 0146-1062 application form are set out at the end of this chapter. (Ord. 203-7 § 5.591, 1976) 12.08.100 Annual permit and application form. The contents of the annual permit and application form are set out at the end of this chapter. (Ord. 203-7 § 5.595, 1976) Chapter 12.08 2 (5/95) 0146-1063 Form for Section 12.08.090 LIMITED PERMIT AND APPLICATION FORM Deschutes County Board Limited Application and Permit to Occupy or Perform Operations upon a County Road. Name and Address of Applicant (print) Applicant hereby applies to the county board for permission to perform the following operation upon county road right-of-way in: Section , Twp. Construct, operate and maintain a (hype) Construct, operate and maintain a (hype) Construct, operate and maintain a (type) is " UY poleline buried cable pipeline The installation is shown and described on the exhibit maps or drawings attached hereto and by this reference made a part hereof. The county roads involved are as follows: Name GENERAL PROVISIONS: Number FAS Highway No. The appropriate general provisions contained in the Deschutes County Road Utility Permit Ordinance as supplemented and modified by the following special provisions, shall apply to this permit, and by this reference are made a part hereof. It shall be the obligation of the applicant to obtain said general provisions from the county and to determine which of the various provisions are applicable before commencing work under this permit. Form for Section 12.08.090 (Continued) SPECIAL PROVISIONS: 0146-1064 (1) A certificate of insurance is required as set forth in Section 12.12.130 of the county code. (2) A cash deposit, or a cash deposit plus bond in the amount of $ is required, as set forth in Section 12.12.140 of the county code. (3) Open cutting of the paved or surfaced portion of the County road under Section 12.24.110 of the county code is/is not* permitted. If permitted, is shall be limited to those areas indicated on the attached exhibit. (4) Person in charge of protective devices in accordance with Section 12.12.070 of the county code: NAME: BUSINESS PHONE: HOME PHONE: HOME ADDRESS: (5) In case of other problems contact: NAME: PHONE: (6) Exhibit maps (two) are/are not* waived. (See Section 12.16.150 of the county code.) (7) Additional special provisions are/are not* included on attached sheet. This permit is issued by the county board subject to the terms and provisions contained herein and attached hereto; this permit is accepted and approved by applicant subject to said terms and provisions. 0146-1065 Form for Section 12.08.090 (Continued) APPLICATION BY (print) TITLE: SIGNATURE: DATE: COUNTY BOARD BY: TITLE: EFFECTIVE DATE: *Strike out word or words not applicable. 0146-1065 Form for Section 12.08.100 ANNUAL PERMIT AND APPLICATION FORM Deschutes County Board Annual Application and Permit to Occupy or Perform Operations upon a County Road. Name and Address of Applicant (print) Applicant hereby applies to the county board for permission to perform the following type of operation upon county road right-of-way: Construct, operate and maintain a (type) Construct, operate and maintain a (type) Construct, operate and maintain a (type) GENERAL PROVISIONS: poleline buried cable pipeline The appropriate general provisions contained in the Deschutes County Road Utility Permit Ordinance as supplemented and modified by the following special provisions, shall apply to this permit, and by this reference are made a part hereof. It shall be the obligation of the applicant to obtain said general provisions from the county and to determine which of the various provisions are applicable before commencing work under this permit. SPECIAL PROVISIONS: (1) Two copies of an exhibit map for each installations shall/shall not* be submitted for approval before new utility installations. The exhibit maps shall be done in accordance with Section 12.16.150 of the county code. (2) A certificate of insurance is required as set forth in Section 12.12.130 of the county code. (3) A cash deposit, or a cash deposit plus bond in the amount of $ is required, as set forth in Section 12.12.140 of the county code. 0146-1061 Forms for Section 12.08.100 (Continued) (4) Person in charge of protective devices in accordance with Section 12.12.070 of the county code: NAME: BUSINESS PHONE: HOME PHONE: HOME ADDRESS: (5) In case of other problems contact: �� PHONE: (6) Additional special provisions are/are not* included on attached sheet. This permit is issued by the county board subject to the terms and provisions contained herein and attached hereto; this permit is accepted and approved by applicant subject to said terms and provisions. APPLICATION BY (print) TITLE: SIGNATURE: DATE: COUNTY BOARD BY: TITLE: EFFECTIVE DATE: *Strike out word or words not applicable. Chapter 12.12 ADMINISTRATIVE PROVISIONS Sections: 12.12.010 Applicability. 12.12.020 Authority. 12.12.030 Allocation of costs. 12.12.040 Reimbursement of expenses. 12.12.050 Reimbursement for damage. 12.12.060 Hold harmless agreement. 12.12.070 Protective measures. 12.12.080 Traffic interference restrictions. 12.12.090 Traffic control and safety devices. 12.12.100 Inspections necessary. 12.12.110 Supervision and control. 12.12.120 Decisions of the board. 12.12.130 Insurance. 12.12.140 Bond or cash deposit required. 12.12.010 Applicability. This chapter shall apply to all public and private utilities, including electric power, telephone, telegraph, television, water, gas, oil, petroleum products, steam, chemicals, sewage, drainage, irrigation and similar lines that are to be located, adjusted or relocated within the right of way of county roads or dedicated public roads. No such utility facility shall be constructed or relocated upon any county road right of way or dedicated street without first obtaining a permit applied for and issued in accordance with this chapter. (Ord. 203-7 § 2.010, 1976) 12.12.020 Authority. Wherever this title provides for review, decision or action by the board, the authority is delegated to the administrator subject to review by the board and to be exercised in accordance with the policies set forth in chapter 12.16 of this title and for this purpose the administrator is designated as the authorized representative of the board. However, only the board sitting in regular 0146-1068 session, may exercise the authority provided in sections 12.08.040,12.08.050(A) and 12.12.130 of this chapter. (Ord. 203-7 § 2.020, 1976) 12.12.030 Allocation of costs. The entire cost of installing, maintaining, repairing, operating or using the pole line, buried cable or pipeline and of any other expense whatsoever incident to the facilities or operations authorized by the permit shall be paid by the applicant. (Ord. 203-7 § 2.100, 1976) 12.12.040 Reimbursement of expenses. The applicant shall, in addition to section 12.12.030 of this chapter, reimburse the county for any reasonable and necessary expenses that the county may incur in connection with the facilities or operations authorized by the permit, including but not limited to the actual cost of inspection by county personnel. The reimbursement shall be made by the applicant within 30 days after receiving a statement therefor from the county. (Ord. 203-7 § 2.101, 1976) 12.12.050 Reimbursement for damage. The applicant when billed by the county, shall pay the current market value for any existing forest products on any land belonging to the county which are damaged or destroyed as a result of operations authorized by the permit. (Ord. 203-7 § 2.102, 1976) 12.12.060 Hold harmless agreement. A. The applicant shall indemnify and hold harmless the county, the board, the members thereof, and all officers or employees of the county against any and all damages, claims, demands, actions, causes of action, costs and expenses of whatsoever nature which may result from any injury to or the death of any persons or from the loss of or damages to property of any kind or nature, including the county, road and county road facilities or structures, property or equipment used or Chapter 12.12 1 (5/95) owned by the county, and facilities which now or may hereafter occupy the right of way of the county road, when such injury, death, loss or damage arises out of the construction, installation, maintenance, repair, removal, relocation, operation or use of the pole line, buried cable or pipeline authorized by the permit. B. The county, its officers or employees shall not be held responsible or liable for injury or damage that may occur to facilities covered by the permit or any connection or connections thereto by reason of county road maintenance and construction operations or resulting from motorist or road user operations, or county road contractor or permittee operations. (Ord. 203-7 § 2.200, 1976) 12.12.070 Protective measures. During the initial installation or construction of the facilities authorized by the permit, or during any future repair, removal or relocation thereof, the applicant shall at all times maintain such flagmen, signs, lights, flares, barricades and other safety devices as the administrator may reasonably deem necessary to properly protect traffic and the general public upon the county road, and to warn and safeguard the public against injury or damage. The applicant shall maintain such signs, lights, flares, barricades, and other safety devices during nonwork hours and the administrator may request and be furnished the telephone number and address of the person in charge of such maintenance. (Ord. 203-7 § 2.210, 1976) 12.12.080 Traffic interference restrictions. The applicant shall so conduct his operations that there will be a minimum of interference with or interruption of traffic upon and along the county road. Except in emergencies there shall be no interference with or interruption of traffic upon and along the county road until a plan for the satisfactory handling of traffic has been 0146-1969 worked out and approved by the administrator. In emergencies the applicant shall notify the administrator as soon as practicable. (Ord. 203-7 § 2.250, 1976) 12.12.090 Traffic control and safety devices. All traffic control and safety devices used for protection of the work areas shall conform to the current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, as adopted by the Federal Highway Administration. (Ord. 203-7 § 2.251, 1976) 12.12.100 Inspections necessary. To insure compliance with the terms and conditions of the permit, the county reserves the right to inspect the job during such periods as the administrator deems necessary, to check compliance with the terms of the permit by the applicant, and to require the applicant to correct all deviations from those terms and conditions. The cost of the first inspection will be borne by the county, and additional required inspections shall be paid by the applicant under the terms outlined in section 12.12.040 of this chapter. (Ord. 203-7 § 2.270, 1976) 12.12.110 Supervision and control. Any supervision and/or control exercised by the administrator shall in no way relieve the applicant of any duty or responsibility to the general public nor shall such supervision or control relieve the applicant from any liability for loss, damage or injury to persons or property as provided in section 12.12.060 of this chapter. (Ord. 203-7 § 2.275, 1976) 12.12.120 Decisions of the board. The decision of the board shall be final with respect to any of the conditions, terms, stipulations and provisions of the permit. This shall not foreclose applicant's right of appeal. (Ord. 203-7 § 2.299, 1976) Chapter 12.12 2 (5/95) 12.12.130 Insurance. The applicant or his contractor shall obtain and carry, for the period of time required for the complete installation of the facilities authorized by the permit, including the repair and restoration of the county road facilities, and also during such future periods of time when operations are performed involving the repair, relocation or removal of such facilities authorized by the permit, a liability and property damage insurance policy or policies providing the coverage against any claim, demand, suit or action for property damage, personal injury or death resulting from any activities of the applicant, his officers, employees, agents or contractors in connection with the construction, installation, repair or removal of the facilities authorized by the permit and the repair and restoration of the county road facilities, and the policy or policies, in addition, shall include as named insureds the county, board and members thereof, its officers, agents and employees. The insurance shall provide coverage in amounts required by the county, which shall normally be $100,000.00 for property damage resulting from any single occurrence, and $100,000.00 for the death or injury of a person, subject to a limit of $300,000.00 for injuries or deaths resulting from any single occurrence; provided, that such requirements may be modified as to any permit by specific order of the board so declaring. The insurance policy or policies shall be in an insurance company duly authorized and licensed to do business in the state. A copy of the policy or policies, or a certificate evidencing the same, shall be submitted to the administrator and approved by him before any work is commenced under the permit. (Ord. 203-7 § 2.300, 1976) 12.12.140 Bond or cash deposit required. A. In order to assure full and faithful compliance with all of the terms, conditions and obligations of the permit agreement, the administrator may require the permittee or his contractor to furnish for the period of time 0146-1070 required for the complete installation of such facility, including the repair and restoration of the highway facilities, and, also, during such period of time when future maintenance may be performed upon the facility, a bond or cash deposit in the amount specified in the permit. If a bond is furnished it must be written by a surety company duly qualified and licensed to do business in the state and in a form satisfactory to the administrator. No work shall be commenced under the permit agreement until the bond has been submitted to and approved by, or the cash deposit has been received by the administrator. B. In lieu of posting a cash deposit, the permittee or his contractor may file an assignment agreement form assigning his savings account with a federally licensed savings institution in an amount equal to the required cash deposit, with the county roadmaster. Alternatively, in lieu of posting a cash deposit, the permittee may deposit with the county roadmaster a certified check payable to the county road fund drawn on a federally insured bank in an amount equal to the required cash deposit. C. The amount of the deposit shall be that necessary to restore the affected area of the roadway to a safe and serviceable condition at least as good as it was in before it was cut. Unless the roadmaster requires a greater sum, based on unusual conditions, the amount of deposit required for a cut across a paved road shall be $300.00. For a cut across an unpaved road or alongside any roadway, the deposit shall be $2.00 per lineal foot of cut. These amounts may be changed to reflect fluctuations in construction costs by order of the Board of County Commissioners. D. The bond, deposit or surety agreement shall guarantee that the roadway surface shall be repaired within 24 hours after completion of backfilling the last portion of the roadway cut. It shall further provide that in the event the repairs are not completed within the time limit set forth in this chapter, the county roadmaster may repair the road to his reasonable satisfaction in accordance with the Chapter 12.12 3 (5/95) 0146-10"11 standards of this title and the standard specifications for design and construction of the county road department with county forces, or at his option, by letting a public contract, and recover the costs of such repair from the surety or deposit without notice or demand on the permittee. ((Part) of amendment to Ord. 203-7, dated 11/19/79; Ord. 203-7 § 2.400, 1976) Chapter 12.12 4 (5/95) Chapter 12.16 POLICY GUIDELINES AND VARIANCES Sections: 12.16.010 Determinations. 12.16.020 Private lines permitted when. 12.16.030 Location and construction controls. 12.16.040 Utility lines -General considerations. 12.16.050 Special considerations - Pipelines. 12.16.060 Special considerations - Underground electric power and communication lines. 12.16.070 Special considerations - Overhead power and communication lines. 12.16.080 Relocation of existing facilities. 12.16.090 Scenic enhancement. 12.16.100 Attachments to structures. 12.16.110 Attachments to bridges -Loads. 12.16.120 Variances -Generally. 12.16.130 Variances -Residential and business areas. 12.16.140 Variances and procedures. 12.16.150 Exhibit map -Contents. 12.16.160 Exhibit map -General information. 12.16.170 Exhibit map -Pipelines and buried cable. 12.16.180 Exhibit map -Aerial pole lines. 12.16.010 Determinations. In determining the locations where and the conditions under which utility facilities and private lines will be allowed to occupy county road rights of way, the provisions of this chapter apply in conjunction with the appropriate general provisions of this title and such special provisions as may be imposed. When acting as the authorized representative of the board, these guidelines shall be followed by the administrator. (Ord. 203-7 § 4.000, 1976) 0146~101 12.16.020 Private lines permitted when. Privately owned lines are allowed to occupy a county right of way only when there is no other feasible location for the facility involved. (Ord. 203-7 § 4.005, 1976) 12.16.030 Location and construction controls. The following general and special considerations supplement those set forth in chapter 12.20 of this title. (Ord. 203-7 § 4.100, 1976) 12.16.040 Utility lines -General considerations. A. Utility lines should be located to minimize need for later adjustment to accommodate future road improvements and to allow servicing such lines with minimum interference to highway traffic. B. To the extent feasible and practicable, crossings of the county road should be on a line generally normal (ninety degrees) to the road alignment. C. All utility installations on, over or under the county road right of way and attachments to road structures shall be of durable materials and designed for long service life expectancy and relatively free from routine servicing and maintenance. D. Provisions for future expansion of utility facilities so as to minimize hazards or disruptions of traffic during future installations is encouraged. (Ord. 203-7 § 4.110, 1976) 12.16.050 Special considerations - Pipelines. In the case of pipeline permits: A. The minimum depth to the top of the pipe 30 inches from the ground line or top of wearing surface and 30 inches from bottom of road drainage ditch line is required and these distances should be increased when warranted by conditions such as possible increases in ditch depths from scouring or road maintenance, clearance of existing drainage structures or other utilities, code Chapter 12.16 1 (5/95) requirements, etc. All pipelines shall be located under drainage structures or under drainage ways except that pipelines may be attached to bridges at locations specified by the administrator. B. Longitudinal installations should be located on a uniform alignment outside of the normal maintenance operating area (beyond ditch or curbline) and as near the right of way line as terrain and existing utilities will reasonably allow, but upon older road with narrow rights of way underground facilities may be allowed in the shoulder area if there is no other feasible location. C. Where a buried crossing is sought: 1. To expedite insertion, removal or replacement of carrier pipes, to protect carrier pipe from external loads or shock, and to carry leaking fluids or gases away from the roadway, it is considered desirable to place pressure pipeline crossings of the county roads in conduit or casing pipe. Exceptions may be made for coated and/or cathodic protected steel pipe placed by the trenching method, ductile iron pipe and other durable type pipe having a long term life expectancy, leak proof joints and capable of withstanding the external loads applied through the use of the roadways. Coated pipe placed by the boring or jacking method should be placed in a casing pipe unless the coating is of a type resistant to abrasions. 2. Casing pipe should extend a minimum of two feet beyond the slope, ditch or curbline. When sealed and vented, vents shall be located outside the maintenance operating area, preferably at the right of way line. 3. When no casing pipe is specified, one grade heavier wall thickness than normal may be required as a precautionary measure. 4. Conditions which are generally unsuitable or undesirable for underground crossings should be avoided. These include locations such as in deep cuts, near footings, bridges and retaining walls, across intersections at grade, at cross drains where flow of water drift or stream bed load may be obstructed, and in wet or rocky terrain where 0146-10"13 it is difficult to obtain minimum bury. (Ord. 203-7 § 4.120, 1976) 12.16.060 Special considerations - Underground electric power and communication lines. In case of permits for underground electric power and communication lines: A. All lines installed in ducts or multiple duct systems are subject to the same controls as pipelines. B. Power and communication cable placed by the direct burial (ploughing) method shall be subject to the following controls: 1. Longitudinal installations shall be located inside the roadbed section only if the terrain is such that a cable installation outside the ditch line would be extremely difficult and costly, or if the section of road traverses a scenic area where an overhead installation would detract from the aesthetic values. 2. When allowed in the roadbed section, longitudinal buried cable shall be placed a uniform distance from the pavement edge as near the outside edge of the ditch as possible without interfering with drainage facilities. In no case shall it be less than one foot from the pavement edge. 3. When located outside the roadbed section, the cable shall be placed as near the right of way as possible while maintaining a generally uniform distance from the highway centerline or right of way line so as to be easily identified by warning signs. 4. The minimum depth for communication cables shall be 24 inches. The minimum depth for power cables shall be 30 inches. Under no circumstances shall the depth of power cable be less than 30 inches unless contained in conduit pipe or equivalent protective covering. 5. All crossings shall be contained in conduit placed in the same manner and under the same controls as required for pipelines, except: communication cable may be installed without conduit when soil conditions will allow installation by boring a hole approximately the same diameter as the cable and pulling the Chapter 12.16 2 (5/95) cable through. 6. Direct burial of power and communication cable under the same ploughing operation will require issuance of a separate permit to each utility company or one permit issued jointly and executed by each company. (Ord. 203-7 § 4.130, 1976) 12.16.070 Special considerations - Overhead power and communication lines. In case of permits for overhead power and communication lines longitudinal installations: A. Limited to single -pole type of construction with joint use encouraged in all instances. Only one pole line on each side of the road is permitted. B. Subject to terrain limitations, poles should be located approximately one foot from the right of way line unless protected by a retaining wall, guardrail, steep slope, deep ditch, or the like, or located so as not to encroach on the roadside area. 1. Location behind guard rail shall be a minimum of five feet from its face. 2. All overhead power and communication lines which are constructed parallel to the roadway shall be located downstream of bridges when crossing any stream that is prone to carry debris during flooding conditions. Overhead roadway crossings shall be constructed a minimum of 50 feet from the ends of any bridge. 3. Location on a cut -slope shall be the minimum horizontal distance from centerline required to place the base of the pole at least five feet above the elevation of the top of the roadway. 4. Variance as required to maintain a reasonable uniform pole alignment will be allowed where irregularly shaped portions of the right of way extend beyond the normal right of way limits. C. Guy wires to ground anchors and stub poles and other related ground -mounted appurtenances should not be placed between a pole and the traveled way where they encroach upon the clear roadside area unless 0146- 4 they are protected as in subsection B of this section. D. Excepted from these controls are poles or other ground -mounted appurtenances required for roadway lighting and other traffic control devices. Such poles and appurtenances shall be of breakaway design serviced by underground cable. E. On section of county roads traversing business or residential areas having a posted or statutory speed limit of forty miles per hour or less, controls will of necessity be governed by roadside development, however, all poles and ground -mounted appurtenances shall be located as far as practical behind the curb or outside the shoulder and/or parking area if there is no curb. F. When two or more utilities jointly occupy the same pole or poles, each occupant may obtain a separate permit, or a joint permit may be issued and executed by each company. Identification of the pole owner should be contained in the permit application. G. All crossings of the traveled portion of the highway including service drops shall be maintained at a minimum height of 18 feet as measured from the highest point of the traveled way under the crossing. (Ord. 203-7 § 4.140, 1976) 12.16.080 Relocation of existing facilities. A. Existing pipelines, pole lines, power or communication cables or other facilities or appurtenances within the limits of a road construction project shall be relocated in plan and/or grade to conform to the requirements of a new installation. All facilities shall be relocated to a minimum of two feet clear of the proposed roadway neat lines and a minimum of two feet clear of all proposed structures. B. Any departure from the above described minimum clearances will be allowed only upon approval of a written request for deviation accompanied by a statement describing why such clearances cannot reasonably be met and a drawing showing the proposed alternate to Chapter 12.16 3 (5/95) the two -foot clearance requirement. C. The county will require the contractor to make a documented request of the utility company to locate and field mark any affected underground facilities 24 hours in advance of digging. D. The utility company will be required to mark such facilities within a two -foot tolerance. E. The county will require the contractor to refrain from digging or otherwise disturbing the earth within two feet of any such field marker, except in the presence of a utility representative, when required by the utility company. Such representative shall be assigned by the utility company and shall be on the job site at the appointed time. F. The utility company will be required to field mark their facilities for the contractor, without reimbursement from the contractor, one time only. (Ord. 203-7 § 4.150, 1976) 12.16.090 Scenic enhancement. A. The controls specified in this section may apply only to active federal or federal aid highway projects, and those sections of county roads where federal or federal aid funds have been expended after October 1, 1969, for the construction or improvement of the road or related facilities or for the acquisition of rights of way, including highway beautification projects. B. No new utility installations are allowed within scenic strips, overlooks, rest areas, recreation areas, the county road rights of way adjacent thereto, or on county road rights of way passing through public parks and historic sites as described under section 138, Title 23, U.S.C.,when such areas or rights of way were acquired or improved with federal highway or federal aid highway funds, except as follows: 1. Underground utility installations which do not require extensive removal or alteration of trees visible to the highway user or impair the visual quality of the area. 2. Aerial pole lines if it can be established that: a. Other locations are not available or are 0146®1075 extremely difficult and unreasonably costly or are less desirable from the standpoint of visual quality; b. Underground installations are not technically feasible or are unreasonably costly; c. The proposed installation will be made at a location and will employ suitable designs and materials which give the greatest weight to the visual qualities of the area being traversed. Suitable designs will include, but are not limited to, self-supporting, armless, single pole construction with vertical configuration of conductors and cable. 3. Utilities located on county road right of way on the side opposite the above described areas when the right of way is adjacent to rather than passing through such areas. C. The provisions of this section also apply to utility installations that are needed for road or highway purposes, such as highway lighting, service to a weigh station or rest or recreational area. (Ord. 203-7 § 4.200, 1976) 12.16.100 Attachments to structures. Attachment of pipelines, electric power or communication lines to structures should be avoided where it is feasible and reasonable to locate elsewhere, particularly in the case of timber structures which are subjected to frequent and extensive maintenance by replacement of various bridge components. (Ord. 203-7 § 4.300, 1976) 12.16.110 Attachments to bridges - Loads. Attachment to bridges which are adequate to support the additional load and accommodate the utility without compromise of highway features, including reasonable ease of bridge maintenance, will be permitted with the following controls: A. If utility holes in crossbeams or other areas are provided, utilities shall occupy these areas. B. If there are no such provisions, the utility may be carried on suitable padded or coated rollers, saddles or hangers attached to the structure between the outside beams or Chapter 12.16 4 (5/95) girders in a location which will not affect the vertical clearance. 1. Hanger or roller attachment shall be by means of suitable inserts or clamps and shall not be bolted to or through the bridge floor. 2. Adequate provision for expansion or contraction shall be provided. C. Attachment to the exposed area along or below the parapet or railing is only permitted when it is not feasible to attach to an interior location. Exposed attachments will be allowed only on the downstream side of bridges. When appropriate pipe or conduit exposed to view shall be painted to blend with the structure. D. Pipes or conduits carried through concrete abutments shall be contained in sleeves and tightly sealed with mastic. When carried through timber bulkheads, the cut timber edges shall be treated with creosote or its equivalent and the bulkhead restored to the equivalent of its original condition by splicing. E. The utility shall be aligned outside the roadway at each end of the structure in as short a distance as operationally practical. F. Communication and electric power cable attachments shall be suitably insulated, grounded and carried in protective conduit from the point of exit from the ground to reentry. G. All pipe conduit and supporting hardware shall be protected against corrosion. (Ord. 203-7 § 4.300, 1976) 12.16.120 Variances -Generally. The controls outlined in this chapter are intended as guidelines. Variances by the administrator may be granted for an individual permit when it can be shown such variation is economically justified and will not adversely affect the integrity of the county road, its maintenance, efficiency and the safety of the road user. (Ord. 203-7 § 4.500, 1976) 12.16.130 Variances -Residential and business areas. It is recognized that the controls outlined in 0146-1076 this chapter cannot be logically applied to many sections of road functioning as city streets serving developed residential and business areas. On such sections, utility location and installation details will be determined on an individual basis taking into consideration utility systems, roadside development, minimum disruption of road and street facilities and traffic and other controlling factors. (Ord. 203-7 § 4.510, 1976) 12.16.140 Variances and procedures. Requests for a variance involving sections of county road: A. Upon which federal aid highway funds have been expended after October 1, 1969, or are programmed for expenditure, must be in writing and contain supporting data in justification. They should be submitted through the administrator for review and approval by the current Federal Highway Administration directives; B. Upon all other roads, may be approved by the administrator. (Ord. 203-7 § 4.520, 1976) 12.16.150 Exhibit map -Contents. The exhibit map should adequately detail the proposed facility to the satisfaction of the administrator. The data may be presented by a plan or profile with appropriate notes or in the case of a short simple crossing, by a rough sketch and description. The exhibit map should include, but not be limited to, the following information set forth in sections 12.16.160, 12.16.170 and 12.16.180 of this chapter. (Ord. 203-7 § 4.710, 1976) 12.16.160 Exhibit map -General information. The exhibit map should disclose: A. The section, township and range; B. The county road name or names; C. The name of the applicant. (Ord. 203-7 § 4.711, 1976) Chapter 12.16 5 (5/95) 01460=10"17 12.16.170 Exhibit map -Pipelines and buried cable. When a permit is sought for pipeline or buried cable, the exhibit map should disclose: A. Limits of longitudinal installation and distance from centerline and rights of way line; B. Location and angle of crossings of the county road; C. Type and size of the pipe or cable; D. Design or test pressure and maximum operating pressure for pressure pipelines; E. Type and size of conduit or casing pipe, location and lengths to be used; F. Minimum depth of burial under roadway and outside roadway area; G. Method of installation for crossings; H. Location and attachments details if to be carried upon county road bridge or structure. (Ord. 203-7 § 4.712, 1976) 12.16.180 Exhibit map -Aerial pole lines. When a permit is sought for aerial pole lines, and the exhibit map has not been waived, the exhibit map should disclose: A. Limits of longitudinal installation and location and angle of crossing; B. Location of poles or related ground - mounted appurtenances in relation to road centerline and right of way line; C. Minimum vertical clearance over roadway. (See section 12.16.070(G) of this chapter.) (Ord. 203-7 § 4.713, 1976) Chapter 12.16 6 (5/95) Chapter 12.20 SPECIFICATION$ FOR LOCATION, CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR, RELOCATION AND REMOVAL Sections: pipe. 12.20.010 Maps and drawings. 12.20.020 Standards of work. 12.20.030 Depth. 12.20.040 AC-transite pipe. 12.20.050 Corrugated metal pipe and 12.20.120 concrete pipe. 12.20.060 Plastic pipe. 12.20.070 Locator wire for nonmetallic 12.20.140 pipe. 12.20.080 Trench width. 12.20.090 Backfilling. 12.20.100 Crossing under surface. 12.20.110 Open cutting -Backfill, 12.20.190 resurfacing. 12.20.120 Burying of cable. 12.20.130 Pedestals and meters. 12.20.140 Cleanup. 12.20.150 Restoration of surface -Repairs. 12.20.160 Maintenance and operation. 12.20.170 Warning signs. 12.20.180 Trees and shrubs. 12.20.190 Removal, relocation or repair - Required when. 12.20.200 Removal, relocation or repair - Notice. 12.20.210 Removal, relocation or repair - Bond. 12.20.220 County removal, relocation or repair -Conditions and costs. 12.20.230 Removal, relocation or repair - Recovery of attorney's fees. 12.20.010 Maps and drawings. The applicant's completed facility shall be in substantial conformance with permit exhibit maps or drawings unless special permission is obtained from the administrator to vary from the same during installation. When such permission is obtained, the applicant shall 0146-1078 furnish the administrator a set of "as constructed' maps or drawings detailing any such variance. (Ord. 203-7 § 3.050, 1976) 12.20.020 Standards of work. All work in connection with the facility authorized by the permit shall be done in a neat and workmanlike manner to the entire satisfaction of the administrator, and the details of construction of the same shall conform to the established rules and regulations now in effect or which may hereafter be put in effect by the Public Utility Commissioner of the state, the Oregon State Board of Health, or other governmental agencies having regulatory authority over such facility. (Ord. 203-7 § 3.100, 1976) 12.20.030 Depth. The buried cable or pipe depth shown on the permit form represents the distance from the top of the surface or ground line to the top of the cable or pipe. (Ord. 203-7 § 3.630, 1976) 12.20.040 AC-transite pipe. AC-transite pipe, fittings and components shall conform to the appropriate and current ASTM or AWWA Specifications written for the specific type of usage that the pipe will receive. Nonpressure pipe crossing a roadway will be a Class 2400 minimum. Pressure pipes crossing a roadway will be enclosed in an approved casing pipe. (Ord. 203-7 § 3.170, 1976) 12.20.050 Corrugated metal pipe and concrete pipe. Corrugated metal pipe and concrete pipe used as a conduit or casing pipe or a gravity flow carrier pipe shall, as a minimum, conform to the requirements of the current issue of State of Oregon Standard Specifications for Highway Construction. Smooth iron or steel pipe used as a conduit or casing pipe shall conform to the appropriate and current ASTM Specifications used for pressure pipe. (Ord. 203-7 § 3.150, 1976) Chapter 12.20 1 (5/95) 12.20.060 Plastic pipe. Plastic pipe, fittings and components shall conform to the appropriate and current ASTM or AWWA Specifications written for the specific type of usage that the pipe will receive. (Ord. 203-7 § 3.160, 1976) 12.20.070 Locator wire for nonmetallic pipe. On all installations of plastic, AC-transite or clay carriers of water, gas or sewage, an insulated copper wire shall be buried with and in close proximity to the carrier. Wire shall be No. 16 or larger. The wire shall be buried the entire length of all such carriers and shall be brought to the surface and connected to ground rods or other suitable grounding devices at sufficient locations to make it possible to connect toning devices to the system for locating. (Ord. 203-7 § 3.180,1976) 12.20.080 Trench width. No trench shall be excavated with a top width in excess of 24 inches more than the outside diameter of the pipe, conduit or cable to be installed unless permission is first obtained from the administrator. (Ord. 203-7 § 3.200, 1976) 12.20.090 Backfilling. The backfilling of all trenches and tunnels must be accomplished immediately after the facility authorized by the permit has been placed therein and must be well tamped and fully compacted so as to allow the least possible amount of subsequent settlement. Compactive requirements within the roadway prism shall be those required by county specifications outlined in section 12.20.110 of this chapter. (Ord. 203-7 § 3.210, 1976) 12.20.100 Crossing under surface. Unless special permission is first obtained from the administrator to open cut, pipeline or conduit which crosses under the surfaced portion of the highway, including shoulders, road or street connections, or road approaches or driveways, shall either be tunneled, jacked 0146-10"19 or driven, or placed in a hole bored under the surface for that purpose in accordance with the following provisions: A. Trenching in connection with any of these methods shall be no nearer the toe of the fill slope in fill sections or the point where the outer edges of the surfacing meets the subgrade in other sections than two feet or as specified in the special provisions, whichever is greater. B. If the tunneling method is used, it shall be by an approved method which supports the surrounding materials so as to prevent caving or settlement. Areas around the installed pipe or conduit shall be backfilled with moist sand, granular material or cement grout, filling all voids and packed in place with mechanical tampers or other approved devices. Lagging, bulkheading and timbering shall be removed as the backfilling progresses. C. When the jacking, driving or boring method is used, it shall be by approved means which will hold disturbances of surrounding material to a minimum. Sluicing and jetting is not permitted. Voids or displacement outside the outside perimeter of the pipe, conduit or cable where greater than 0.1 foot, shall be filled with sand or cement grout packed in place. (Ord. 203-7 § 3.400, 1976) 12.20.110 Open cutting -Backfill, resurfacing. A. When special permission is granted to open cut the surfaced portion of the highway, the following provisions shall be adhered to: 1. Trenches shall be cut to have vertical faces, where soil and depth conditions permit, and shall be shaped where necessary. 2. The trench edges in paved areas shall be sawed or cut to neat lines by methods satisfactory to the administrator to a depth sufficient to permit removal of pavement without damage to the pavement to be left in place. Pavement within the cutting limits together with all other excavated material shall be removed and disposed of outside the county road right of way. 3. In trenching across the county road, no Chapter 12.20 2 (5/95) more than one-half of the traveled way is to be opened at one time. The opened half shall be completely backfilled before opening the other half. 4. Closure of intersecting streets, road approaches or other access points will not be permitted. Upon trenching across such facilities, steel running plates, planks or other satisfactory methods shall be used to provide for traffic to enter or leave the highway or adjacent property. 5. No more than three hundred feet of trench longitudinally along the highway shall be open at one time and no trench shall be left in an open condition overnight, unless properly lighted and protected in an approved manner. 6. Immediately after the facility authorized by the permit has been placed in the trench, the trench shall be backfilled. B. The trench shall be backfilled as follows, unless otherwise specified by the permit: 1. Bedding shall be provided to a minimum depth of six inches below the pipe and six inches above the pipe. Bedding shall consist of granular material, free of lumps, clods, stones and frozen materials and shall be graded to a firm but yielding surface without abrupt change in bearing value. Unstable soils and rock ledges shall be subexcavated from the bedding zone and replaced by suitable material. The bottom of the trench shall be prepared to provide the pipe with uniform bedding throughout the length of the installation. 2. Backfill shall be placed in two stages: first, sidefill to the level of the top of the pipe, and; second, overfill to the bottom of the foundation material described in this section. Sidefill shall consist of granular material laid in six-inch layers, each consolidated by mechanical tamping and controlled addition of moisture, to a density of 95 percent as determined by AASHO Method T-99. Overfill shall be layered and consolidated to match the entrenched material in cohesion and compaction. The use of granular material for overfill may be required if specified by the 0146-1080 permit or requested by the administrator. Consolidation by saturation or ponding is not permitted. C. Wearing surface and foundation material shall be as follows: 1. Where original surface was asphalt concrete or bituminous treatment or mix: a. Wearing surface, asphalt concrete placed to a compacted thickness of two inches or the thickness of the removed pavement, whichever is greater; b. Foundation material, either one and one-half inches to zero inches or three-fourths inch to zero inches aggregate placed to a compacted thickness of twelve inches or the thickness of the removed stone base, whichever is greater. 2. Where original surface was portland cement concrete: a. Wearing surface, either portland cement or asphalt concrete placed to a thickness of six inches or the thickness of the removed pavement, whichever is greater; b. Foundation material, same as for asphaltic concrete. 3. Where original surface was crushed rock or gravel: a. Wearing surface and foundation material, either one inch to zero inches or three-fourths inch to zero inches aggregate placed to a total compacted thickness of four inches or the thickness of the removed stone base and wearing surface, whichever is greater. 4. All materials in this subsection and subsection B of this section, and their placement, shall conform to the requirements of the current Oregon State Highway Standard Specifications for Highway Construction. (Ord. 203-7 § 3.500, 1976) 12.20.120 Burying of cable. Unless special permission is first obtained from the administrator, direct burial of cable placed by the ploughing method shall be limited to areas outside the surfaced portion of the highway. (Ord. 203-7 § 3.600, 1976) Chapter 12.20 3 (5/95) 12.20.130 Pedestals and meters. Pedestals and meters installed as part of a buried cable, water or gas installation are to be located one foot from the right of way line unless special permission is obtained from the county engineer to locate elsewhere. In no case shall the pedestals and/or meters be located within the county road maintenance operating area, including mowing operations, or nearer the pavement edge than any official road sign in the same general location. (Amendment to Ord. 203-7, dated 10/30/79; Ord. 203-7 § 3.620, 1976) 12.20.140 Cleanup. All debris, refuse and waste of all kinds which may have accumulated upon the county road right of way by reason of the operations of the applicant, shall be removed immediately upon completion of the operations, and the county road right of way must be restored to at least as good condition as it was prior to such operations. (Ord. 203-7 § 3.300, 1976) 12.20.150 Restoration of surface -Repairs. A. All roadbed surfaces disturbed by utility installations, adjustments or repairs covered by permit, will be repaired or replaced within 24 hours after completion of backfilling of the final phase of the roadway cut, except if specifically allowed for by special provisions listed in the permit. B. All roadbed surfaces disturbed by utility installation, adjustments or repairs covered by permit that result in hazards to the traveling public will be either replaced or repaired immediately or adequately barricaded and signed to warn the public that a hazard exists. When such a hazard exists and is suitably barricaded and signed, repair or replacement will be accomplished within one week, or as permitted in subsection A of this section. C. Any replacement or repair not accomplished by the applicant under subsection A or B of this section, within the specified time will be done by the county with no prior notice to the applicant and at the expense of the applicant. The county will also 0146-1081 make any immediate repairs, alterations or additions to any barricading, signing or warning for a hazardous area when such barricading, signing or warning is found to be inadequate, inappropriate or ineffective without prior notice to the applicant. D. The applicant will reimburse the county for the actual cost of materials, labor, equipment and overhead. E. For a period of one year following the patching of any paved surface, the applicant shall be responsible for the condition of such pavement patches, and during that time shall, upon request from the administrator, repair to the county's satisfaction any of the patches which become settled, cracked, broken or otherwise faulty. ((Part) of amendment to Ord. 203-7, dated 11/19/79; Ord. 203-7 § 3.550, 1976) 12.20.160 Maintenance and operation. The applicant shall at all times keep facilities authorized by the permit in a good state of repair. (Ord. 203-7 § 3.700, 1976) 12.20.170 Warning signs. Standard warning signs for buried power or communication cable and for pipelines carrying gas or flammable liquids shall be placed at each crossing under the county road and at intervals along longitudinal installations as required by current State Public Utility Commissioner order or as specified by the administrator: A. Signs shall be offset as near the right of way line as practical. B. Signs for installations located within the county road roadbed may be placed behind existing guard rail. (Ord. 203-7 § 3.610, 1976) 12.20.180 Trees and shrubs. Except in case of an emergency no trees or branches larger than six inches in diameter shall be cut without previous permission from the administrator. (Ord. 203-7 § 3.710, 1976) Chapter 12.20 4 (5/95) 12.20.190 Removal, relocation or repair - Required when. The permit is issued pursuant to the laws of the state which authorizes the board to subsequently require the applicant to remove, relocate or repair the pole line, buried cable or pipeline covered by the permit at the sole cost of the applicant and by applying, the applicant consents and agrees to such condition. (Ord. 203-7 § 3.900, 1976) 12.20.200 Removal, relocation or repair - Notice. Upon receiving written notice from the board to remove, relocate or repair the pole line, buried cable or pipeline, the applicant shall within 60 days remove, relocate or repair same, at his sole cost, in accordance with the written notice. Under unusual circumstances the administrator may grant a written extension in time if the applicant can show the need for an extension. (Ord. 203-7 § 3.905, 1976) 12.20.210 Removal, relocation or repair - Bond. Before commencing such removal, relocation or repair, the applicant shall furnish such insurance and post such bond as the board may consider necessary at that time in the manner provided for in section 12.24.100 of this chapter. (Ord. 203-7 § 3.910, 1976) 12.20.220 County removal, relocation or repair -Conditions and costs. Should the applicant fail to remove, relocate or repair the pole line, buried cable or pipeline, as provided in sections 12.24.190 and 12.24.200 of this chapter, the county may remove, relocate or repair the same and submit a statement of total costs for the work to the applicant. The applicant upon receiving such statement will immediately, or within a period of time agreed upon between the applicant and the board, pay to the county the full amount of such removal, relocation or repair costs. (Ord. 203-7 § 3.915, 1976) 0146-1082 12.20.230 Removal, relocation or repair -Recovery of attorney's fees. The applicant agrees that, in the event he fails, as provided in this section, to pay the costs incurred by the county for the removal, relocation or repair of the pole line, buried cable or pipeline, and it becomes necessary for the county to commence an action or proceeding in a court of competent jurisdiction to recover the removal, relocation or repair costs that the county shall be entitled to recover in addition to the statutory court costs and disbursements, such additional sum as the court may adjudge reasonable for attorney's fees to be allowed in such action or proceeding. (Ord. 203-7 § 3.920, 1976) Chapter 12.20 5 (5/95) 0146-1083 Chapter 12.24 VIOLATION -PENALTY Sections: 12.24.010 Civil remedies. 12.24.020 Infractions. 12.24.010 Civil remedies. In case any facility or structure is constructed or proposed to be constructed, maintained, repaired, altered or used in violation of this chapter, such violation shall constitute a nuisance and the county may institute legal proceedings to prevent, enjoin, temporarily or permanently abate, remove or correct the nuisance. (Ord. 203-7 § 6.020, 1976) 12.24.020 Infractions. Violation of the provisions of chapters 12.04 through 12.24 of this title is a Class B infraction. (Ord. 83-016 § 1, 1983; Ord. 203-7 § 6.010, 1976) Chapter 12.24 1 (5/95) Division II. Miscellaneous Regulations Chapter 12.28 DRIVEWAYS AND STREET IMPROVEMENTS Sections: 12.28.010 Definitions. 12.28.015 Definition -Apron. 12.28.020 Definition-Curbline. 12.28.025 Definition -Curb return. 12.28.030 Definition -Driveway. 12.28.035 Definition -Driveway approach. 12.28.040 Definition -End slopes. 12.28.045 Definition -Sidewalk section. 12.28.050 Permit -Required. 12.28.060 Permit -Application. 12.28.070 Permit -Approval and issuance. 12.28.080 Public property use restrictions. 12.28.090 Prohibited locations. 12.28.100 Width of driveway approach apron. 12.28.110 Driveway approaches near alleys. 12.28.120 Driveways in areas of limited street improvements. 12.28.130 Construction details. 12.28.140 Variances permitted when. 12.28.150 Violation -Civil remedies. 12.28.160 Violation -Infraction. 12.28.010 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as [follows:] set forth in 12.28.015-045. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 1, 1975) 12.28.015 Definition -Apron. "Apron" means the portion of the driveway approach extending from the property side of the curb to the sidewalk section and lying Chapter 12.28 01461084 between the end slopes of the driveway approach. (Ord. 203-6 § 1, 1975) 12.28.020 Definition-Curbline. "Curbline" means the inside edge of the top of the curb. In areas where no curb is required, it is the edge of the pavement. (Ord. 203-6 § 1, 1975) 12.28.025 Definition -Curb return. "Curb return" means the curved portion of a street curb at street intersections or the curved portion of a curb in the end slopes of a driveway approach. (Ord. 203-6 § 1, 1975) 12.28.030 Definition -Driveway. "Driveway" means an area on private propertywhere automobiles and other vehicles are operated or allowed to stand. (Ord. 203-6 § 1, 1975) 12.28.035 Definition -Driveway approach. "Driveway approach" means an area, construction or improvement between the roadway of a public street and private property intended to provide access for vehicles from the roadway of a public street to a definite area of the private property, such as a parking area, a driveway or a door at least seven feet wide, intended and used for the ingress and egress of vehicles. The component parts of the driveway approach are termed the apron, the end slopes or the curb return, and the sidewalk section. (Ord. 203-6 § 1, 1975) 12.28.040 Definition -End slopes. "End slopes" means the portions of the driveway approach which provide a transition from the normal curb and sidewalk elevations to the grade of the apron, either by means of a sloping surface or by means of a curb return together with the area between the projected tangents of the curb return. (Ord. 203-6 § 1, 1975) (5/95) 12.28.045 Definition -Sidewalk section. "Sidewalk section" means the portion of the driveway approach lying between the back, or property edge of the sidewalk and the end slopes measured at the front, or street, edge of the sidewalk. (Ord. 203-6 § 1, 1975) 12.28. [020] 050 Permit -Required. No person, firm or corporation shall remove, alter or construct any curb, sidewalk, driveway approach, gutter, pavement or other improvement in any public street, alley or other property owned by or dedicated to or used by the county and over which it has jurisdiction to regulate the matters covered by this chapter, without first obtaining a permit from the county road department, and no permit shall be granted until the applicant files with the county road department for its approval two copies of a drawing showing the location and size of all such proposed improvements to serve the property affected. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 2, 1975) 12.28. [030] 060 Permit -Application. Application for permits to construct such improvements shall be made to the county road department on forms provided for that purpose. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 3, 1975) 12.28. [040] 070 Permit -Approval and issuance. Before approving the drawing of such improvement and issuing the permit, the county road department shall establish that the proposed improvement is in conformance with the provisions and standards hereinafter set forth. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 4, 1975) 12.28.[050]080 Public property use restrictions. County road rights of way may not be used for private commercial purposes. A permit for the construction of driveway approaches shall not be issued unless vehicles to be served or serviced can be parked entirely within the 0146-1085 private property lines. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 10, 1975) 12.28. [060] 090 Prohibited locations. A. No driveway approach shall be permitted to encompass any public utility facilities. Under the permit required by this chapter, the applicant may be authorized to relocate any such utility, upon application to the subject utility provider and upon making suitable arrangements for financial reimbursement to the utility provider. B. At street intersections no portion of any driveway approach, including end slopes, shall be permitted within the intersection curb return. C. At street intersections in noncommercial or residential and rural areas, no portion of any driveway approach, including end slopes, shall be permitted within 50 feet of the intersection curb return. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 5, 1975) 12.28. [070] 100 Width of driveway approach apron. The width of driveway approach aprons shall not exceed the following dimensions: A. For residential driveways, 14 feet for single driveways and 20 feet for double driveways and not more than one driveway approach shall be permitted per lot when such lot is 50 feet or less in width fronting on any street or avenue. 1. An additional driveway approach will be allowed when any particular lot has 50 feet or more of frontage on any street or avenue. 2. Sidelines of lots may also have driveway approaches in conformity with the provisions of this subsection, notwithstanding that such lots have driveway approaches on their frontage area. B. For commercial driveways, when one or more driveway approaches serve a given property frontage, no single apron shall exceed 35 feet in width, but when such establishment controls 50 feet or more of street frontage the number of driveway aprons shall be limited to two for the first 100 feet or Chapter 12.28 2 (5/95) part thereof and not more than 35 percent of the frontage exceeding the initial 100 feet thereafter. A safety island of not less than 16 feet of full height curb shall in all cases be provided between driveway approaches serving any one property frontage. C. Property frontage referred to in this chapter includes approach areas directly in front of property owned or under the control of the applicant, and such area as may be directly in front of adjoining property which is used for approach purposes by right of easement or agreement with the adjoining property owner. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 6, 1975) 12.28. [080] 110 Driveway approaches near alleys. Driveway approaches located within five feet of the existing curb return at an alley intersection may be merged with the alley intersection pavement, thus requiring the removal of the existing curb return: the total apron length plus the alley width, measured at the curbline of the apron to the opposite allen line, shall not exceed 40 feet, except when there is a driveway approach on both sides of an alley, then the maximum apron length plus alley, width shall not exceed 60 feet. (Ord. 95- 035 § 1, 1995; Ord. 203-6 § 8, 1975) 12.28. [090] 120 Driveways in areas of limited street improvements. A. Where standard gutters and curbs have been installed but concrete sidewalks have not been, the permit may authorize the applicant to construct the driveway approach from the curbline to the applicant's premises of the same materials as those used for paving the applicant's premises, or of any other material satisfactory to the county road department. Such driveway approach shall be constructed to established grade and shall be adequate and suitable for the traffic to be carried by it. The permit shall provide, and the applicant shall agree, that if and when thereafter concrete sidewalks are constructed, the applicant or his 0146-1086 successor shall install concrete driveway approaches. B. Where standard gutters and curbs have not been installed, the apron widths set forth in section [12.28.070] 12.28.100 of this chapter shall be measured along the property line and there shall be not less than 16 feet of frontage between driveway approaches serving any one property. C. In areas designated on the comprehensive plan for urban growth, permits shall not be issued for any surface improvement or paving on the street right of way between driveway approaches unless a concrete curb or other physical obstruction, of a design satisfactory to the county road department, is constructed and maintained by the applicant along his property line, so that the entrance and exit of vehicles to and from the applicant's property will be restricted to the established driveway approaches. Pursuant to the permit provided for in this chapter, the applicant may surface the driveway approaches or other areas within the right of way by extending the same type of paving used on the applicant's premises so that it merges with the street pavement, provided the applicant's paving is adequate and suitable for the traffic to be carried; such extended paving between the property line and the street pavement shall be to established grade or other slope fixed by the county road department to provide for proper runoff. Such paving between the property line and the street pavement may meet the street pavement at a point ahead of the curb opening in order to provide for safe deceleration of vehicles turning into the applicant's premises. If the applicant's paving is extended beyond the property line into a street right of way at an intersection or crossroad, the county road department may require applicant to construct a suitable traffic island or curb to provide for the protection of such county facilities as may be necessary. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 9, 1975) Chapter 12.28 3 (5/95) 12.28.[100]130 Construction details. A. All driveway approaches between the curbline and the property line shall be constructed of portland cement concrete proportioned to the satisfaction of the county road department, except as provided in section [12.28.090] 12.28.120 of this chapter. The concrete of the driveway approach, including the sidewalk section, shall be at least four inches thick for residential approaches and at least six inches thick for commercial approaches. B. The sidewalk section of the driveway approach shall be finished and scored as specified by the county road department, except as provided in section [12.28.090] 12.28.120 of this chapter. Apron and end - slope areas of the driveway approach shall be finished, after troweling smooth and scoring, with a fiber push -broom drawn over the surface parallel to the curbline. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 7, 1975) 12.28. [110] 140 Variances permitted when. The county road department is authorized to grant, in writing, variances from the regulations and requirements of this chapter, provided it first determines that the following conditions are present: A. The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the county, or is due to the nature of the business or operation upon the applicant's property; B. That the variance requested is not against the public interest, particularly safety, convenience and general welfare; C. That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants; and D. That the terms of this chapter will work unnecessary hardship upon the applicant, property owner or tenant. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 11, 1975) 12.28.[120]150 Violation -Civil remedies. In case a driveway or driveway approach is constructed or proposed to be constructed, 0146-1087 maintained, repaired, altered or used in violation of this chapter, such violation shall constitute a nuisance and the county may institute legal proceedings to prevent, enjoin, temporarily or permanently abate, remove or correct the nuisance. (Ord. 95-035 § 1, 1995; Ord. 203-6 § 14, 1975) 12.28. [130] 160 Violation -Infraction. Violation of any provision of this chapter is a Class C infraction. (Ord. 95-035 § 1, 1995; Ord. 83-015 § 1, 1983; Ord. 203-6 § 13, 1975) Chapter 12.28 4 (5/95) 0140-1®8S Chapter 12.32 WATER ON PUBLIC RIGHTS OF WAY Sections: 12.32.010 Prohibited. 12.32.020 Violation -Penalty. 12.32.010 Prohibited. No person shall permit irrigation water to flow, collect, aggregate, fall or settle upon a public right of way. (Ord. 83-030 § 1, 1983) 1232.020 Violation -Penalty. Violation of this chapter constitutes a Class B infraction. (Ord. 83-030 § 2, 1983) Chapter 12.32 1 (5/95) Chapter 12.35 SIDEWALKS Sections: requirements. 12.35.010 Title for citation. 1235.020 Purpose of provisions. 1235.030 Definitions. 1235.035 Definition -Property owner. 1235.040 Definition -Sidewalk. 1235.050 Sidewalk standards. 1235.060 Repairs. 1235.070 Sidewalk permit. 1235.080 Sidewalk requirements for new building construction. 1235.090 Land division sidewalk 1235.010 Title for citation. This chapter and the amendments thereto shall be collectively known as the "Deschutes County Sidewalk Ordinance," and may be so cited. (Ord. 88-014 § 1 (part), 1988) 1235.020 Purpose of provisions. It is the purpose of this chapter to provide uniform standards for the construction and placement of sidewalks within each urban growth boundary within the county, and to require all new development to ensure construction of sidewalks. (Ord. 88-014 § 1 (part), 1988) 1235.030 Definitions. As used in this chapter[:] certain words and phrases are defined as set forth in 1235.035- 040. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 0146-1089 12.35.035 Definition -Property owner. "Property owner" means 'owner" as defined in Oregon Revised Statutes 368.001(4). Where an owner has property frontage on two roads not including corner lots, and the county has denied the owner access to a county arterial or collector, the county shall be deemed the owner of that portion of the arterial or collector where access has been denied for the purposes of this chapter. (Ord. 88-014 § 1 (part), 1988) 1235.040 Definition -Sidewalk. "Sidewalk" means a concrete walkway which meets the design and construction standards set forth in section [12.35.040] 1235.050 of this chapter, and is used primarily by pedestrians as a means of foot travel. (Ord. 88-014 § 1 (part), 1988) 1235.[040]050 Sidewalk standards. All sidewalks shall be constructed in accordance with section 17.48.440 of this code, and to the line and grade specified by the county. Temporary walkways shall be constructed as directed by the county. (Ord. 95-035 § 1,1995; Ord. 88-014 § 1 (part), 1988) 12.35.[045]060 Repairs. A. All property owners shall maintain sidewalks within public right of way or on public easements adjacent to their property in good repair. If any such sidewalk is not maintained in good repair, the board may send a notice by certified mail to the owner, requiring the owner to repair the sidewalk, setting forth the nature and extent of repairs, and the time, not less than 30 days after the date of the notice, within which the owner must make the specified repairs. B. If the owner does not make the repairs within the time allowed, the board may order the repairs to be made. The board shall file the order, including a description of the abutting property, with the County Clerk. The recorded order is notice that the described property is subject to a lien for the cost of the sidewalk repairs, in an amount to be Chapter 12.35 1 (5/95) requirements. 1235.100 Developed area sidewalk. 1235.110 Prohibited activities and uses. 12.35.120 Owners to fill ground between curb and sidewalk. 1235.130 Liability for sidewalk injuries. 1235.140 Access during construction. 1235.150 Variance conditions. 1235.160 Violation -Nuisance. 1235.170 Violation -Infraction. 1235.010 Title for citation. This chapter and the amendments thereto shall be collectively known as the "Deschutes County Sidewalk Ordinance," and may be so cited. (Ord. 88-014 § 1 (part), 1988) 1235.020 Purpose of provisions. It is the purpose of this chapter to provide uniform standards for the construction and placement of sidewalks within each urban growth boundary within the county, and to require all new development to ensure construction of sidewalks. (Ord. 88-014 § 1 (part), 1988) 1235.030 Definitions. As used in this chapter[:] certain words and phrases are defined as set forth in 1235.035- 040. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 0146-1089 12.35.035 Definition -Property owner. "Property owner" means 'owner" as defined in Oregon Revised Statutes 368.001(4). Where an owner has property frontage on two roads not including corner lots, and the county has denied the owner access to a county arterial or collector, the county shall be deemed the owner of that portion of the arterial or collector where access has been denied for the purposes of this chapter. (Ord. 88-014 § 1 (part), 1988) 1235.040 Definition -Sidewalk. "Sidewalk" means a concrete walkway which meets the design and construction standards set forth in section [12.35.040] 1235.050 of this chapter, and is used primarily by pedestrians as a means of foot travel. (Ord. 88-014 § 1 (part), 1988) 1235.[040]050 Sidewalk standards. All sidewalks shall be constructed in accordance with section 17.48.440 of this code, and to the line and grade specified by the county. Temporary walkways shall be constructed as directed by the county. (Ord. 95-035 § 1,1995; Ord. 88-014 § 1 (part), 1988) 12.35.[045]060 Repairs. A. All property owners shall maintain sidewalks within public right of way or on public easements adjacent to their property in good repair. If any such sidewalk is not maintained in good repair, the board may send a notice by certified mail to the owner, requiring the owner to repair the sidewalk, setting forth the nature and extent of repairs, and the time, not less than 30 days after the date of the notice, within which the owner must make the specified repairs. B. If the owner does not make the repairs within the time allowed, the board may order the repairs to be made. The board shall file the order, including a description of the abutting property, with the County Clerk. The recorded order is notice that the described property is subject to a lien for the cost of the sidewalk repairs, in an amount to be Chapter 12.35 1 (5/95) determined later by order of the board. The county may seek payment, reimbursement and enforcement of the lien in accordance with Oregon Revised Statutes 368.910 to and including Oregon Revised Statutes 368.925. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 1235.[050]070 Sidewalk permit. A. The obtaining of a sidewalk permit from the county is required prior to the start of any repair, alteration or construction of a sidewalk. In addition, where a sidewalk is to be constructed subsequent to obtaining a building permit, the sidewalk permit is required prior to the issuance of a building permit. B. Sidewalk permit fees and inspection fees shall be established in accordance with chapter 4.12 of this code. A sidewalk guarantee shall be determined and imposed in accordance with section 17.24.090 of this code. The fee shall be reasonably designed to reimburse the expense of enforcing the regulations. The performance guarantee requirement shall be reasonably designed to assure the proper performance in accordance with these regulations. C. The sidewalk permit shall be issued pursuant to the procedure set forth in Division I of Title 12, chapter 12.08, Permit Procedures, of this code. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 12.35.[055]080 Sidewalk requirements for new building construction. When a sidewalk in good repair does not exist and the land use approval relating to the use of the property requires the construction of a sidewalk, an applicant for a building permit under such approval shall, prior to obtaining the building permit, obtain a sidewalk permit for the sidewalk required to be constructed under the land use approval. (Ord. 95-035 § 1, 1995; Ord. 88-033 § 1, 1988; Ord. 88-014 § 1 (part), 1988) 0146®1090 12.35.[060]090 Land division sidewalk requirements. A. Sidewalk requirements imposed upon an applicant by this chapter shall be met and ensured as provided under section [12.35.050] 1235.070, and the sidewalk shall be constructed in conjunction with the construction of any required road or street. B. For those subdivisions or major partitions where new roads are constructed to county specifications, the lack of completed sidewalks shall preclude the establishment of such roads as county roads. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 1235. [065] 100 Developed area sidewalk. The county shall develop a comprehensive urban pedestrian walkway system to achieve the land use and transportation plans. This section will enable sidewalks to be constructed adjacent to existing development, which is essential to achieving the objectives of the transportation plan. A. Whenever the board deems it necessary, upon its own motion, the board may initiate proceedings to consider a local improvement district for the construction, alteration, repair and/or maintenance of sidewalks. The board shall initiate such proceedings upon its own motion, or the board may initiate proceedings upon receipt of a petition from at least 60 percent of the property owners within the proposed local improvement district, provided the petitioners also represent a majority of the foot frontage abutting the public right of way within the proposed area. B. The public works department, in consultation with the planning department, shall propose and submit to the board an annual sidewalk improvement program. Upon acceptance and approval of the program by resolution of the board, it shall be implemented through the local improvement district process or through section [12.35.045] 1235.060. C. Notwithstanding subsection B of section [12.35.065] 1235.100, where an existing pedestrian sidewalk is incomplete due to Chapter 12.35 2 (5/95) missing segments which are no longer in length than the frontage of three parcels or lots, the county may direct such segments be constructed through a local improvement district or in accordance with the procedures of section [12.35.045] 12.35.060. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 12.35.[070]110 Prohibited activities and uses. A. Any activity or use which might obstruct or otherwise impede the normal passage of pedestrians and bicycles on sidewalks shall be prohibited. Such activities or uses shall include, but not be limited to, the following: 1. The parking of a motor vehicle, except emergency vehicles, on or over any portion of a sidewalk; 2. The dumping, depositing or placing of refuse or leaves upon a sidewalk; 3. Allowing an accumulation of snow or ice to remain upon the sidewalk; 4. The sale or display of merchandise on or near a sidewalk in such a way that the merchandise or prospective buyers of it might impede or obstruct the passage of pedestrians or bicyclists; and 5. The growth of trees, bushes or other plants in such a way that any part of the plant growing on or over a sidewalk might impede or obstruct the passage of pedestrians or bicyclists or create a sight distance hazard for users of the right of way. B. The use of motorized vehicles, horsedrawn vehicles, or horses on any sidewalk is prohibited, except where sidewalks must be crossed in order to gain access to a driveway, road, street, alley or parking area. Nonmotorized vehicles such as bicycles may be used on sidewalks for normal passage. The users of such vehicles shall not operate them in such a manner to impede, hazard or prevent the normal passage of pedestrians. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 0146-1091 12.35. [075] 120 Owners to fill ground between curb and sidewalk. It shall be the duty of all property owners to fill with earth, river rock, brick, gravel, loam, cinders, mulching materials or portland cement concrete any space between a curb and sidewalk in front of their property, and to the curbline of the street at the intersections, to a level grade with the curb and sidewalk. A ground cover, flowers, or trees may be used in compliance with this section. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 12.35. [080] 130 Liability for sidewalk injuries. A. The property owner is responsible for constructing, maintaining and removing obstructions from a sidewalk adjacent to the property and shall be liable for all personal injury or property damage arising from the property owner's fault or negligence in failing to keep clear, maintain or construct an abutting sidewalk. B. If the county is required to pay damages for an injury to persons or property owners caused by the failure of a person to perform the duty which this section imposes, the person failing to perform the duty shall compensate the county for the amount of the damages thus paid. The county may maintain an action in a court of competent jurisdiction to enforce the provisions of this section. (Ord. 95-035 § 1,1995; Ord. 88-014 § 1 (part), 1988) 12.35. [085] 140 Access during construction. During the construction of walks, it shall be the permit holder's responsibility to afford and assure reasonable access to private property by the property owner and invitees. This shall include the placing of planks, gravel or crushed rock on walkways and driveway approaches. (Ord. 95-035 § 1, 1995; Ord. 88- 014 § 1 (part), 1988) 1235. [090] 150 Variance conditions. Variances to the provisions of this chapter may be granted in accordance with chapter 17.56 of this code if any of the following Chapter 12.35 3 (5/95) 0146-1092 criteria exist: A. Topographic or environmental features make construction physically impossible; B. The street ends in a cul-de-sac; C. In industrial areas where access to schools, residences, employment or shopping centers, recreation or transit facilities is not necessary; D. Adequate right of way cannot be obtained, or line and grade cannot be established or met, in which case a temporary walkway may be required as directed by the director of public works; or E. Upon findings that a pedestrian walkway is not required to meet land use or transportation plan goals. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 1235. [100] 160 Violation -Nuisance. Any violation of this chapter is declared a nuisance. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) 1235.[110]170 Violation -Infraction. Violation of any provision of this chapter is a Class B infraction. (Ord. 95-035 § 1, 1995; Ord. 88-014 § 1 (part), 1988) Chapter 12.35 4 (5/95) Chapter 12.40 LICENSE AGREEMENTS FOR UNUSED RIGHTS OF WAY Sections: 12.40.010 Authority to permit use of unused public right of way. 12.40.020 License agreement -Application. 12.40.030 License agreement -Contents. 12.40.040 License agreement -Fee - Termination conditions. 12.40.010 Authority to permit use of unused public right of way. The Board of County Commissioners may enter into a license agreement with any person for the use of unused public right of way under county jurisdiction which is not presently needed for public use. (Ord. 87-007. § 1, 1987) 12.40.020 License agreement -Application. The application for a license agreement authorized by section 12.40.010 of this chapter shall be made to the public works director. The public works director and planning director shall review any application to license public right of way not needed for public use, and make recommendations to the Board of County Commissioners regarding the granting of such license, and shall propose any necessary conditions. (Ord. 87-007 § 3, 1987) 12.40.030 License agreement -Contents. Any such license agreement shall provide that the licensee may landscape, maintain or otherwise occupy the premises for any specific purpose, subject to a license agreement agreeable to the county and the licensee. (Ord. 87-007 § 2, 1987) 12.40.040 License agreement -Fee - Termination conditions. Any license for the use of public right of way not needed for public use shall provide for termination upon notice by the county, Chapter 12.40 0146®1003 and shall require a reasonable license fee for the right to use the right of way. (Ord. 87-007 § 4, 1987) (5/95) 0146-1094 Chapter 12.44 SEWER AND WATER FACILITIES Sections: 12.44.010 Applicability. 12.44.020 Sewer and Water Specifications -Adopted. 12.44.010 Applicability. The provisions of the specifications adopted by this chapter apply to all public and private sewer and water facilities that may be installed within the Bend Urban Growth Boundary (UGB), as that term is defined in the Agreement Between the City of Bend, Oregon and Deschutes County, for the Joint Management of the Bend Urban Area, consistent with Statewide Planning Goal 14. (Ord. 93-023 § 1, 1993) 12.44.020 Sewer and Water Specifications -Adopted. That certain document entitled "Utilities System Master Plan for City of Bend, June 8, 1992," (Sewer and Water Plan) is adopted in its entirety as the design specifications for public and private sewer and water facilities serving applicable portions of the Bend Urban Area. The sewer and water plan adopted herein is on file in the County Clerk's office and by this reference is made a part of the Deschutes County Code as if set out in full. (Ord. 93-023 § 1, 1993) Chapter 12.44 1 (5/95) 0146-1005 Chapter 12.48 1 (5/95) Chapter 12.48 12.48.200 Board order for improvement -Recording - LOCAL IMPROVEMENTS Vacation of order. 12.48.210 Recording orderwith county Sections: clerk. 12.48.010 Purpose. 12.48.220 Engineer to compile local 12.48.020 Applicability. improvement actual cost - 12.48.030 Relationship to state law. Source of payment - 12.48.040 Definitions. Reimbursement of source - 12.48.041 Definition -Actual cost. Additional work. 12.48.042 Definition -Assessment for local 12.48.230 Allocation of costs of improvement. sidewalk or curb 12.48.046 Definition -Board. construction and other 12.48.051 Definition -Capital improvements. construction. 12.48.240 Engineer to ascertain 12.48.056 Definition -Engineer. assessment -Hearing on 12.48.061 Definition -Estimated objections -Board order. assessment. 12.48.250 Recording of final 12.48.066 Definition -Final assessment. assessment -Lien. 12.48.071 Definition -Financing. 12.48.260 When assessment due, 12.48.076 Definition -Local improvement. payable and delinquent - 12.48.081 Definition -Owner. Interest -By whom collected. 12.48.086 Definition -Road, county road 12.48.270 Errors in assessment and public road. calculation or determination. 12.48.091 Definition -Structure. 12.48.280 Deficit assessments or 12.48.096 Definition -Undeveloped land. refunds when initial 12.48.101 Definition -Value. assessment based on 12.48.110 Petition or resolution for estimated cost. improvement of roads in 12.48.290 Rebates. unincorporated areas. 12.48300 Curative provisions. 12.48.120 Signers of petition and 12.48310 Remedies. objection in event of 12.48.320 Collection. cotenancies. 12.48330 Minimum requirements for 12.48.130 Designation. local improvements 12.48.140 Filing fees. involving undeveloped land. 12.48.150 Investigation of feasibility- 12.48340 Interim security. Estimation of cost of local improvement -Assessment by engineer. 12.48.010 Purpose. 12.48.160 Description of real property- The purpose of this chapter is to implement Effect of error in name of the authority granted by the Oregon Revised owner. Statutes to create local improvement districts 12.48.170 Engineer's report- to construct local improvements, as that term Determination to proceed with is defined herein, that are to be financed LID formation -Filing of wholly or in part by special assessment against objections. benefitted property and to provide a 12.48.180 Notice contents. procedure for levying, collecting and enforcing 12.48.190 Mailing of notice. Chapter 12.48 1 (5/95) payment of such special assessments. (Ord. 94- 025 § 1, 1994) 12.48.020 Applicability. This chapter shall apply to local improvements located in unincorporated areas of the county. (Ord. 94-025 § 1, 1994) 12.48.030 Relationship to state law. A. The procedures for making local improvements, as that term is defined herein, shall be those set forth in this chapter, which procedures are adapted from Oregon Revised Statutes chapter 371. Where there is a conflict between Oregon Revised Statutes chapter 371 and the provisions contained herein, the provisions of this chapter shall prevail. B. In addition to the provisions of this chapter, the following state statutes shall apply to the assessment of properties for local improvements: Oregon Revised Statutes 223.205 and 223.210 to 223.295; Oregon Revised Statutes 223.405 to 223.485; Oregon Revised Statutes 223.505 through 223.650; Oregon Revised Statutes 223.770; Oregon Revised Statutes 287.502 to 287.515 and Oregon Revised Statutes 288.765. If there is a conflict between the statutes listed in this subsection and this chapter, the provisions of this chapter shall prevail. C. When officials of cities are referred to in the statutes listed in subsection (B) of this section, the corresponding officials of Deschutes County shall perform the required functions. The duties required of the governing body of a city under those statutes shall be performed by the board. (Ord. 94-025 § 1, 1994) 12.48.040 Definitions. As used in this chapter, unless the context requires otherwise the words and phrases are defined as set forth in 12.48.041-101. (Ord. 94- 025 § 1, 1994) 12.48.041 Definition -Actual cost. "Actual cost" means all direct or indirect ©146-1696 costs incurred by the county to deliver goods or provide services or undertake a capital construction project. The "actual cost" of providing services to a property or property owner includes the average cost or an allocated portion of the total amount of the actual cost whether stated as a minimum, fixed or variable amount. "Actual cost" includes, but is not limited to the cost of labor, materials, supplies, equipment rental, property acquisition, permits, engineering, financing, legal, administration, depreciation, amortization, reserve for delinquencies or defaults, debt service and any other item allowed by law. Administrative expenses include those incurred in preparation for formation of a local improvement district such as meeting with property owners, preparing and processing the feasibility report, providing notice and conducting hearings. (Ord. 94-025 § 1, 1994) 12.48.042 Definition -Assessment for local improvement. "Assessment for local improvement" means any fee, charge or assessment that does not exceed the actual cost incurred by the county for a local improvement. (Ord. 94-025 § 1, 1994) 12.48.046 Definition -Board. "Board" means the Board of County Commissioners for Deschutes County, Oregon. (Ord. 94-025 § 1, 1994) 12.48.051 Definition -Capital construction. "Capital construction" means the construction, modification, replacement, repair, remodeling or renovation of a structure or addition to a structure, which is expected to have a useful life of more than one year, and includes, but is not limited to: A. Acquisition of land, or a legal interest in land, in conjunction with the capital construction of a structure. B. Acquisition, installation of machinery or equipment, furnishings or materials which will Chapter 12.48 2 (5/95) become an integral part of a structure. C. Activities related to the capital construction such as planning, design, acquisition of interim or permanent financing, research, land use and environmental impact studies, acquisition of permits or licenses or other services connected with the construction. D. Acquisition of existing structures, or legal interests in structures, in conjunction with capital construction. (Ord. 94-025 § 1, 1994) 12.48.056 Definition -Engineer. "Engineer" means the county engineer, roadmaster, surveyor or other engineer selected by the county governing body. (Ord. 94-025 § 1, 1994) 12.48.061 Definition -Estimated assessment. A. 'Estimated assessment" means, with respect to each property to be assessed in connection with a local improvement, the total assessment that, at the time of giving notice of the assessment and the right to object or remonstrate, the board estimates will be levied against the property following completion of the local improvement. The estimate shall be based on the board's estimate at that time of the actual costs of the local improvement and the proposed formula for apportioning the actual costs to the property. B. Estimated assessment shall be determined by: 1. Excluding from estimated actual costs the estimated financing costs associated with any bonds issued to accommodate the payment of the assessment in installments; and 2. Including in estimated actual costs the estimated financing costs associated with interim financing of the local improvement. (Ord. 94-025 § 1, 1994) 12.48.066 Definition -Final assessment. "Final assessment" means, with respect to each property to be assessed in connection with a local improvement, the total assessment levied against the property following 0146-10ri completion of the local improvement. The total assessment shall be based on the actual costs of the local improvement and the formula for apportioning the actual costs to the property. (Ord. 94-025 § 1, 1994) 12.48.071 Definition -Financing. A. "Financing" means all costs necessary or attributable to acquiring and preserving interim or permanent financing of a local improvement. B. The costs of financing may include the salaries, wages and benefits payable to employees of the county to the extent the same are reasonably allocable to the work or services performed by the employees in connection with the financing of a local improvement or any part thereof. However, as a condition of inclusion of any salaries, wages or benefits payable to employees of the county as financing costs of a local improvement or any part thereof, the county shall establish a record keeping system to track the actual work done or services performed by each employee on or in connection with such local improvement. C. Financing costs that are to be incurred after the levy of a final assessment may be included in the final assessment based on the county's reasonable estimate of the financing costs if the county first documents the basis for the estimate and makes the documentation available to interested persons on request. (Ord. 94-025 § 1, 1994) 12.48.076 Definition -Local improvement. "Local improvement" means a capital construction project, or part thereof, undertaken by the county under the authority of this chapter financed by assessments upon lots or parcels that have been benefitted by all or a part of the local improvement: A. Which provides a special benefit only to specific properties or rectifies a problem caused by specific properties; B. The costs of which are assessed against those properties in a single assessment upon Chapter 12.48 3 (5/95) the completion of the project; and C. For which the property owner may elect to make payment of the assessment plus appropriate interest over a period of at least 10 years. For purposes of this section, the status of a capital construction project as a local improvement is not affected by the accrual of a general benefit to property other than the property receiving the special benefit. (Ord. 94-025 § 1, 1994) 12.48.081 Definition -Owner. "Owner" means a vendee under a recorded land contract or if there is no such contract, the holder of the record title, which vendee or holder has a present interest equal to or greater than a life estate. (Ord. 94-025 § 1, 1994) 12.48.086 Definition -Road, county road and public road. "Road," "county road" and "public road" have the meanings given those terms in Oregon Revised Statutes 368.001. (Ord. 94- 025 § 1, 1994) 12.48.091 Definition -Structure. "Structure" means any temporary or permanent building or improvement to real property of any kind, which is constructed on or attached to real property, whether above, or beneath the surface. (Ord. 94-025 § 1, 1994) 12.48.096 Definition -Undeveloped land. "Undeveloped land" means a lot or parcel with no improvements or with improvements that constitute less than 25 percent of the land value. (Ord. 94-025 § 1, 1994) 12.48.101 Definition -Value. "Value" means the real market value of property or improvements, as shown by the most recent valuation by the county assessor or by evidence of recent sales of comparable property in the same development. (Ord. 94- 025 § 1, 1994) 0146-1®98 12.48.110 Petition or resolution for improvement of roads in unincorporated areas. A. Proceedings to cause any local improvement to be made or constructed in an unincorporated area may be initiated by the board by resolution or by a petition signed by not less than 60 percent of the owners of the land representing not less than 60 percent of the land abutting on the proposed local improvement and presented to the board asking for the local improvement. B. The resolution or petition shall indicate where the proposed local improvement would be made and describe the nature of the local improvement desired. (Ord. 94-025 § 1, 1994) 12.48.120 Signers of petition and objection in event of cotenancies. In case of tenants by the entireties, joint tenants or tenants in common, the parcel of land is considered as having one owner, which owner shall be deemed to have signed the petition provided for in section 12.48.110 or the objection provided for in section 12.48.160 only if every cotenant of the parcel has signed. Signatories on behalf of corporate owners must include a resolution of the board demonstrating authority. (Ord. 94-025 § 1, 1994) 12.48.130 Designation. The properties that are to be assessed for part or all of the cost of a public improvement shall be included within the boundaries of, and known together as a local improvement district or LID. In addition, the property on which the public improvement is to be located and such other incidental properties as necessary for a logical boundary may be included. (Ord. 94-025 § 1, 1994) 12.48.140 Filing fees. The board may by resolution or order adopt filing fees and deposit requirements for petitions for local improvements. (Ord. 94-025 § 1, 1994) Chapter 12.48 4 (5/95) 12.48.150 Investigation of feasibility; estimation of cost of local improvement; assessment by engineer. A. When the resolution is adopted or the petition is filed with it, the board shall refer the resolution or petition to the engineer, who shall investigate the proposed local improvement. If the local improvement is feasible, either as proposed or as modified under section 12.48.150(B), the engineer shall make an estimate of the cost of the local improvement and report the same to the board. The engineer's report may consider financial, land use and assessment apportionment aspects of feasibility of the project as well as technical feasibility. The engineer may consult with the assessor's office, planning division or county counsel's office and any other office as necessary. In addition, the engineer may solicit from owners of affected properties and other parties such information as he deems necessary to complete the report required by this section. B. If initiation was by resolution, the engineer may propose modifications to the scope of the proposed local improvement if in his judgment modifications are necessary to make the project feasible. C. If the local improvement is to be paid for in whole or in part by special assessments against property benefitted by the local improvement the engineer shall include in the report: 1. A map or plat showing the general nature, location and extent of the proposed local improvement and of the proposed local improvement district; 2. A description of the work to be done, including, where appropriate, preliminary plans and/or specifications; 3. An estimate of the probable actual cost of the improvement, including interim financing; 4. A recommendation as to the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the probable actual cost of the local 0146-1099 improvement to the properties specially benefitted; 5. A description and assessed value of each lot, parcel of land or portion thereof, to be specially benefitted by the local improvement, with the names of the record owners thereof, 6. The estimated assessment or assessments against each lot or parcel; and 7. In local improvements involving undeveloped land, whether the criteria of section 12.48.330(A) have been met. D. Where the local improvement petitioned for includes the construction and installation of lateral sewers, street mains or similar facilities, a separate statement of the estimated cost of and estimated assessment for the construction and installation of lateral sewers, street mains or similar facilities shall be included. (Ord. 94-025 § 1, 1994) 12.48.160 Description of real property - Effect of error in name of owner. A. For the purposes of the engineer's report and any subsequent listing of properties as part of an estimated or final assessment, the real property to be assessed may be described by giving the subdivision according to the United States survey when coincident with the boundaries thereof, or by lots, blocks and addition names, by metes and bounds, or by reference to the book and page of any public record where the description may be found, so that the description can be made certain. B. If the property owner is unknown, the land may be assessed to "unknown owner," or "unknown owners." If the property is correctly described, no final assessment shall be invalidated by a mistake or omission in the name of the owner. Where the name of the true owner, or the owner of record, or any parcel of real property is given, the final assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed or conveyance from the owner, or is such that, in a suit to enforce a Chapter 12.48 5 (5/95) contract to convey, employing such description a court of equity would hold it to be good and sufficient. C. Any description of real property that conforms substantially to the requirements of this section shall be sufficient in all proceedings relating to a final assessment for a local improvement, foreclosure and sale of delinquent assessments, and in any other proceeding relating to or connected with levying, collecting and enforcing final assessments. (Ord. 94-025 § 1, 1994) 12.48.170 Engineer's report - Determination to proceed with LID formation -Filing of objections. A. The engineer shall forward his report to the board for consideration. The board may approve the report, modify the report and approve it as modified, require additional or different information or abandon the project. B. If the board approves a report, it shall enact an order creating and describing the local improvement district, declaring its intention to make the local improvement, providing the manner and method of carrying out the improvement, setting a public hearing on the improvement and directing that notice be given of the public hearing. Written notice containing the information set forth in section 12.48.170 of this chapter shall thereupon be mailed to the owner of each lot or parcel to be assessed for the proposed local improvement. C. Owners shall have the right to object to the further prosecution of the local improvement either by filing with the board a written objection within 20 days after the mailing of the notice or by oral testimony at the hearing, the date of which shall be not less than 20 days after the date the notice was mailed. (Ord. 94-025 § 1, 1994) 12.48.180 Notice contents. The hearing notice shall contain the following information: A. A general description of the proposed 01461100 local improvement and of the local improvement district. The description need not be by metes and bounds and shall be such that an average person can determine from it the general location of the property and shall include a listing of the affected parcels or lots; B. A statement that an engineer's report has been filed for the proposed local improvement and that the report is on file and subject to public examination; C. The estimated cost of the local improvement and the amount of the estimated assessment against the land of the owner; D. The time and place of a public hearing on the improvement to hear objections; E. A statement explaining the remonstrance process; and F. A statement that a single owner of more than three lots or parcels to be assessed will be required to furnish security in the amount of 110 percent of the estimated assessment for each lot or parcel held by the owner in excess of three lots or parcels. (Ord. 94-025 § 1, 1994) 12.48.190 Mailing of notice. Notice required to be sent to the owner of a lot affected by a proposed estimated or final assessment shall be addressed to the owner or the agent of the owner. If the address of the owner or of the agent of the owner is unknown, the notice shall be addressed to the owner or the agent of the owner at the address where the property is located. Any mistake, error, omission, or failure with respect to the mailing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or, if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper designated by the board and having general circulation in Deschutes County. (Ord. 94-025 § 1, 1994) Chapter 12.48 6 (5/95) 12.48.200 Board order for improve men t -Recording - Vacation of order. A. At the time of the public hearing, the board shall hear any testimony on the proposed local improvement and may continue the hearing as it deems necessary. If objections are received by the board signed by more than 50 percent of the owners of land representing more than 50 percent of the total amount of the estimated assessment for the proposed local improvement, the proposed local improvement shall, by order of the board, be declared abandoned and no new petition may be filed and no new resolution may be adopted for the local improvement within a period of one year after the date of the order, unless the board exercises its discretion under subsection (C) to modify the proposal in response to the testimony and objections. B. If following the hearing the board determines that the proposed local improvement should be made and the number of objections mentioned in this section has not been received, the board may at its discretion, by order describing the land to be assessed, direct the local improvement to be made by contract or by force account. If by contract, it shall be awarded in the same manner as provided for other contracted county road improvements. C. Following the hearing, the board may modify the proposed local improvement, the estimated cost, the assessment method or the estimated assessments in response to information received and objections raised, in which case an additional hearing shall be noticed in accordance with section 12.48.170 to 12.48.200 of this chapter. The provision of additional information to justify the chosen methodology shall not trigger the requirements of this subsection. D. The board can suspend or abandon proceeding with a local improvement at any time up to letting contracts for construction if it determines that the minimum requirements of section 12.48.330(A) are not being met or 0146-•1101 for any other reason. E. Subject to subsection (C) above, the Board may at its discretion and on its own motion or at the request of interested parties reopen a previously noticed public hearing that has been closed upon the mailing of notice to owners of property to be assessed not less than 5 days prior to the reopening of the hearing. (Ord. 94-033 § 1, 1994; Ord. 94- 025 § 1, 1994) 12.48.210 Recording order with County Clerk. A. The board shall cause to be filed in the appropriate lien records in the County Clerk's office a copy of the order. Filing of the order shall serve as notice that upon completion of the local improvement described in the order a lien in a fixed amount representing each listed properties' equitable share of the actual costs of the local improvements will be imposed on each of the listed properties. B. If the proposed local improvement described in the order of the board is not commenced within two years after the notice is recorded, the board may by a new order vacate its former order for the proposed local improvement. The board shall record with the County Clerk the order vacating the former order for the proposed local improvement. Thereupon the land described shall be free of the effect of the former order. The County Clerk shall endorse upon the new order the date of the filing thereof, and shall record and index the same in the lien record referred to in subsection (A) of this section. (Ord. 94-025 § 1, 1994) 12.48.220 Engineer to compile local improvement actual cost - Source of payment - Reimbursement of source - Additional work. A. After the local improvement has been completed, inspected by the engineer and accepted by the board, the engineer shall compile the actual cost of the local improvement. Where the local improvement Chapter 12.48 7 (5/95) includes the construction and installation of lateral sewers, street mains or similar facilities, the engineer shall separately compile the total cost of those local improvements. B. Payment of the cost of the local improvement other than for the construction and installation of lateral sewers and street mains or similar facilities shall be made from the general road funds, from any funds available for the construction or improvement of county roads or from revenues available from interim financing methods authorized by law. Payment of the cost of the construction and installation of lateral sewers and street mains or similar facilities shall be made from any funds available to the county for such improvements. C. The funds expended for the local improvement shall be reimbursed or the local improvement warrants shall be retired to the extent of the proceeds of an assessment against the land benefitted by the local improvement, but no estimated or final assessment shall be made against any operating railroad right of way without the consent of the owner thereof. The final assessment shall assess each landowner a portion of the cost of the local improvement corresponding to the relative benefit to the land of the landowner from the local improvement. D. All of the costs of improvements within intersections connected with any local improvement under this chapter may be borne by the county. E. Unless notified to the contrary by the owner prior to the acceptance of bids for local improvements under this chapter, an existing driveway shall be reconstructed to the property line to conform with the new grade. Additional driveways or other road connections, including retaining walls, may be constructed simultaneously with the local improvements when a written request is filed with the board prior to the acceptance of bids by the affected abutting landowners. The cost of the driveway and all requested work shall be charged to the abutting owner and added 0146-11012 to the final assessment against the land of the owner. (Ord. 94-025 § 1, 1994) 12.48.230 Allocation of costs of sidewalk or curb construction and other improvements. Notwithstanding any provision to the contrary in this chapter, the cost of construction of sidewalks under this chapter shall be assessed in proportion to the front footage of the land or otherwise, as provided in those sections, to the owners of land abutting on the side of the street or road on which the sidewalks are constructed and fronting on such sidewalks. The cost of construction of all other local improvements under this chapter shall be assessed in the manner provided in this chapter, to the owners of land benefitted by the local improvement. (Ord. 94-025 § 1, 1994) 12.48.240 Engineer to ascertain assessment -Hearing on objections -Board order. A. The engineer shall ascertain the amount of the final assessment against each parcel of land assessed for the local improvement and report the same to the board. B. The board by order shall thereupon set the time and place for a hearing of objections to the final assessments as fixed in the report of the engineer. C. Not less than ten days prior to the date of the hearing, the board shall mail to the owner of each property proposed to be assessed, at the address of the owner as shown on the petition or on the latest tax roll of the county, a written notice of the time and place for the hearing of objections and of the amount of the proposed final assessment against the land of the owner. D. After hearing any written or oral objections, the board shall by order, listing and describing each property to be assessed and listing and describing the ownership of each such property, determine from the Chapter 12.48 8 (5/95) evidence submitted the amount of the final assessment against each individual listed property. The order shall certify the amount of the final assessment against each listed individual property. In addition, the order shall (1) specify the terms for installment payments and, subject to section 12.48.260, the date that payments or applications for installment payments are due; (2) order in accordance with Oregon Revised Statutes 223.210 that notice of the final assessment be published; (3) order in accordance with Oregon Revised Statutes 223.210 that the director of public works mail to the owners of the assessed properties notice of the final assessment and an application to finance the local improvements; and (4) direct that the list, excluding any property known to be subject to bankruptcy proceedings, be filed in the appropriate lien docket of the county. (Ord. 94-025 § 1, 1994) 12.48.250 Recording of final assessment Lien. A. After passage of the order determining the final assessments, the board shall cause the list of assessed properties, excluding any properties known to be subject to bankruptcy proceedings, to be filed with the County Clerk for entry in the appropriate lien docket. The list shall include a statement of the amounts assessed against each lot or parcel, the name of the owners, the date of the order levying the assessment and the date on which payment or application for installment payment is due. The County Clerk shall endorse thereon the date of the filing thereof and record and index it in the county lien docket. B. For properties known to be subject to bankruptcy proceedings, the lien may be imposed separately consistent with the requirements of applicable bankruptcy law. C. Upon such entry in the lien docket, the final assessments and interest are a lien upon the land against which the same are assessed. Each lot or parcel is deemed to be benefitted by the local improvement to the full amount 0146-1103 of the final assessment levied thereon. The lien shall have priority over all other liens and encumbrances whatsoever to the fullest extent provided by law. D. No transfer, sale or division of any such lot or parcel, or change in the legal description thereof, in anyway divests the lien from the original parcel and the whole thereof. Failing to enter the name of the owner or a mistake in the name of the owner does not in any way render void any estimated or final assessment and does not in any way affect the lien on the land described. E. All payments shall be entered in the lien docket and shall discharge the lien to the amount of such payment. Upon payment of the final assessment in full, the board shall satisfy the same by a notation in the lien docket referred to above, and the parcel of land charged with such assessment is thereby discharged from the lien. (Ord. 94-025 § 1, 1994) 12.48.260 When assessment due, payable and delinquent - Interest -By whom collected. A. Except as provided in subsection (B) of this section, 30 days after the final assessment is certified, the entire amount against each lot or parcel shall be due and payable at the office designated by the board; and if not so paid, shall be delinquent from that date and shall bear interest at a rate established by the board. B. The owner of property assessed under this chapter shall have the right to apply for installment payment of the assessment as provided in Oregon Revised Statutes 223.210. Notwithstanding Oregon Revised Statutes 223.210(2), unless otherwise stated in the order of final assessment, the time period for making application for installment payments shall be within 30 days after the publication of notice of assessment. In no case shall the deadline for application for installment payments be fewer than 10 days after the publication of notice of assessment. Chapter 12.48 9 (5/95) C. The provisions of Oregon Revised Statutes 223.205 and 223.210 to 223.295 (Bancroft Bonding Act), 223.770 relating to the assessment of property benefitted by public improvements and to the issuance of bonds and other obligations for the cost of the improvements, the provisions of Oregon Revised Statutes 287.502 to 287.515 relating to the issuance of improvement warrants by cities, and the provisions of Oregon Revised Statutes 288.165 relating to interim financing shall apply insofar as practicable and applicable in relation to the assessment by the county of the cost or any portion of the cost of local improvements against the property benefitted in accordance with this chapter and to the issuance of bonds and other obligations by the county. However, notwithstanding the provisions of Oregon Revised Statutes 223.295 issuing bonds and other obligations under the provisions of this section, a county may incur indebtedness to an amount not exceeding .0375 of the latest real market valuation of the county. D. Where, in Oregon Revised Statutes 223.205 to 223.295, 223.770 and 287.502 to 287.515, officials of governmental units or cities are referred to, the corresponding officials of Deschutes County, where applicable, shall perform the required functions. The duties required of the common council, board of trustees, or other governing body of a city shall be performed as to this section by the board. The duties required of the auditor, clerk or other officer charged with keeping the records of a city shall be performed as to this section by the County Clerk. The duties required of the mayor or other executive head of a city shall be performed as to this section by the chairman of the board. The duties of the city treasurer shall be performed as to this section by the county treasurer. (Ord. 94-025 § 1, 1994) 12.48.270 Errors in assessment calculation or determination. If the county finds that there has been an error in the calculation of the assessment or in 0140-114 any other aspect of the certification of the assessments, the board may amend the order levying the assessments to correct such errors; cause the necessary correction to be made in the county lien docket; and send a corrected notice of assessment by mail. (Ord. 94-025 § 1, 1994) 12.48.280 Deficit assessments or refunds when initial assessment based on estimated cost. If it is found that the amount of the assessment is insufficient to defray the expenses of the local improvement, the board may, by motion, declare such deficit and declare a deficit assessment and shall mail notice of the hearing to owners of the affected property. After such hearing, the board shall make an equitable deficit assessment, by order, which shall be entered in the appropriate county lien docket as provided by this chapter; and notices of the deficit assessment shall be mailed and the collection of the assessment shall be made in accordance with this chapter consistent with the collection of the original assessment. (Ord. 94-025 § 1, 1994) 12.48.290 Rebates. If for any reason the county collects more than is due under this chapter or any order of the board authorized herein, then the board must ascertain and declare the same by order; and when so declared, the excess amounts must be entered on the lien docket as a credit on the appropriate assessment. In the event that the assessment has been paid, the person who paid the same or his legal representative, shall be entitled to the repayment of such rebate credit, or portion thereof, that exceeds the amount unpaid on the original assessment. Notice of the rebate shall be sent to the person who paid the amount at the person's last address as shown on the LID records of the county. If within 60 days the person cannot be located, payment shall be made to the current owner of the property from which Chapter 12.48 10 (5195) overpayment arose without recourse against the county by the original payor. (Ord. 94-025 § 1, 1994) 12.48.300 Curative provisions. No assessment shall be rendered invalid by reason of a failure of the report to contain all of the information required by this chapter; or by reason of a failure to have all of the information required to be in the order authorizing improvement, the order levying assessments, the lien docket or notices required to be published or mailed; nor by the failure to list the name of, or tax list of, or mail notice to, the owner of any property as required by this chapter; or by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps herein specified, unless it appears that the assessment is unjust in its effect upon the person complaining; and the board shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. (Ord. 94-025 § 1, 1994) 12.48.310 Remedies. Actions of the board pursuant to this chapter are subject to judicial review exclusively by writ of review in accordance with the procedures in Oregon Revised Statutes 34.010 to 34.100. Review of an order of the board directing that an improvement be made or levying an assessment may be commenced only by a property owner who has filed a written remonstrance or objection or who has remonstrated or objected in person at a hearing before the board as provided in this chapter. Failure to so remonstrate or object shall constitute a waiver and failure to exhaust administrative remedies. (Ord. 94-025 § 1, 1994) 12.48.320 Collection. A. An assessment or installment payment is delinquent from the date it is due as ordered by the board or specified by the treasurer. Delinquencies shall accrue interest 0146-1100 at a rate specified by the treasurer. If any installment payment remains delinquent for a period of one year, the entire outstanding assessment amount shall then be accelerated and become due along with any interest and penalties. B. If any installment on any lien bonded as provided by law remains delinquent for a period of one year from the time it became due and payable, or at any time after 60 days from the time it became due and payable if not bonded, the county may order the initiation of foreclosure proceedings against the affected property. C. The order shall: (1) list the person or persons in default and the description of the property or properties on which the sum or sums are owing; (2) state the sums due, including principal, interest and any late payment penalties or charges for each property in default; (3) declare the entire balance of the assessment to be due and payable at once; and (4) direct that all unpaid assessments, interest and penalties be collected in any manner provided by law. D. Enforcement of assessment liens and collection shall be carried out in conformance with Oregon Revised Statutes 223.505 to 223.650. (Ord. 94-025 § 1, 1994) 12.48.330 Minimum requirements for local improvements involving undeveloped land. A. Prior to approval of local improvements specially benefitting properties that are predominantly undeveloped, the board shall subject to subsections (B) and (C) of this section find that each of the requirements listed in this subsection (A) has been met or will be met prior to commencement of construction: 1. The value of the land and improvements for each of the lots or parcels to be assessed, other than those held by public agencies, exceeds the assessment by a ratio of no less than 2:1; 2. Any lots or parcels requiring conditional use approvals for dwellings in residential Chapter 12.48 11 (5/95) subdivisions are subject to clear and objective approval standards, and it can be demonstrated that there is a reasonable expectation that dwellings on such parcels can be approved; 3. All services (electricity, water, telephone, sewer, if applicable) have been installed in the right of way adjacent to the lot or parcel; 4. No lots or parcels to be assessed are subject to land sale contracts or are encumbered by a blanket mortgage, trust deed or land sale contract; 5. Proof of payment of all current and prior years' ad valorem taxes, interest and penalties for 90 percent of the lots in the development proposed to be assessed and 100 percent of the lots or parcels held by a developer; 6. Security in accordance with section 12.48.340 will be posted by the owner to cover 110 percent of the amount of the estimated assessment for each lot or parcel in excess of three lots or parcels held in single ownership. For purposes of this subsection, separate properties each held in the names of separate spouses will be deemed to be held in single ownership. In addition, properties held in the name of a closely held corporation will be deemed to be held in the name of the principal shareholder. For purposes of this section, the board retains the right to ignore what it regards to be sham transactions the purpose of which it finds to be to evade this provision. B. In addition, the county may require submission of such additional information as it deems necessary, such as but not limited to, financial statements, credit reports, title reports, etc., to evaluate the financial viability of the project and the risk to the county. C. The board may at its discretion allow for a variance from any of the standards of this section if it determines, based upon the totality of the circumstances surrounding the LID, that risk to the county would not be appreciably heightened by relaxation of the standard in question. ®146-1106 D. In any event, notwithstanding that the minimum standards of this section have been met, the board may exercise its discretion to refuse to proceed with the local improvements if it concludes that the financial risks to the county of proceeding are too great. (Ord. 94- 025 § 1, 1994) 12.48.340 Interim security. A. Security required by section 12.48.330 shall take the form of cash or a certificate of deposit deposited with the county or an irrevocable letter of credit in a form and issued by a financial institution acceptable to the county for 110 percent of the amount of the estimated assessment on each lot or parcel subject to this requirement. B. Such security shall be held for the period between commencement of construction until 90 days after the lien of the final assessment attaches to the subject property, unless the security is resorted to under subsection (C) of this section or the board abandons prosecution of the local improvement. C. The security shall serve as collateral for the owner's ability to provide a lien to the county at the completion of construction of the local improvements. If the posting party is not able to provide the county with a lien due to the stay of bankruptcy at the completion of construction of the local improvements, the county may (1) find the owner to be in breach and resort to the security for payment of the final assessment; or (2) use the security as collateral for purposes of seeking relief from the stay of bankruptcy so as to allow assessment of the subject property or properties with the final assessment for the local improvements. D. The security and an agreement reflecting the terms of this section shall be in place prior to the awarding of contracts for construction of the local improvement. E. Cash deposited with the county shall be deposited in an interest bearing account, which interest shall be credited to the owner. F. To the extent that the security offered is Chapter 12.48 12 (5/95) 0146-1107 segregable, the security will be released to the owner to reflect any reduction by bona fide sale in the number of lots or parcels held by the owner prior to commencement of construction. (Ord. 94-025 § 1, 1994) Chapter 12.48 13 (5/95)