21-810-Ordinance No. 203-7 Recorded 2/4/1976VOL 21 PAGE 810
DESCHUTES COUNTY ROAD UTILITY PERMIT ORDINANCE
NO. 203-7
SUMMARY TABLE OF CONTENTS
CHAPTER 1 INTRODUCTORY PROVISIONS
CHAPTER 2 BASIC PROVISIONS
CHAPTER 3 CONSTRUCTION, LOCATION, OPERATIONS,
MAINTENANCE, REPAIR, RELOCATION, AND REMOVAL
CHAPTER 4 POLICY GUIDELINES
CHAPTER 5 PERMIT APPLICATION AND PROCEDURE
CHAPTER 6 PENALTIES AND CIVIL REMEDIES
r~
DETAILED TABLE OF CONTENTS
VOL s-
~1 PAGE 811
CHAPTER 1 INTRODUCTORY PROVISIONS
1
1.010
Short Title
2
1.020
Purpose
3
1.025
Authority
4
1.030
Interpretation
5
1.050
Severability
6
1.060
Editorial Revision
7
1.500
Definitions
8
1.510
"Administrator" and "Applicant"
9
1.530
"Backfill", "Bedding", "Board", "Buried Cable", "Bury"
10
1.550
"Cap", "Carrier", "Casing", "Clear Roadside Policy", "Coating",
11
"Conduit", "County", "County Road", and "Cradle"
12
1.570
"Dedicated Public Road", "Direct Burial", "District Attorney",
13
"Drain", and "Duct"
14
1.590
"Encasement", and "Encroachment"
15
1.610
"Flexible Pipe"
16
1.630
"Gallery", "Grounded", and "Grout"
17
1.650
"Highway"
18
1.690
"Jacket"
19
1.750
"Manhole"
20
1.770
"New Utility Installations" and "Normal"
21
1.790
"Oblique" and "Overfill"
22
1.810
"Pavement Structures", "Pipe", "Pipeline", "Poleline", and
23
"Pressure"
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DETAILED TABLE OF CONTENTS (Cont) va 21 Fqur 812
1 1.850 "Right of Way", "Ridgid Pipe", "Road", "Roadside", "Roadway",
2 and "Road Construction Project Limits"
3 1.870 "Semi-rigid Pipe", "Sidefill", "Slab" (Floating), "Sleeve",
4 "Special Provisions", "Street", and "Structure"
5 1.890 "Traveled Way" and "Trenched"
6 1.910 "Untren ched" and "Use and Occupancy Agreement"
7 1.930 "Vent"
8 1.950 "Walled"
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1 +
t.
CHAPTER 1 INTRODUCTORY PROVISIONS
VOL 21 PnE 813
1
1.000
The County of Deschutes Ordains as follows:
2
1.010
SHORT TITLE
3
This ordinance and amendments thereto may be collectively known
4
as the Deschutes County Road Utility Permit Ordinance.
5
1.020
PURPOSE
6
It is considered in the public interest for utility facilities
7
to be accommodated on the rights of way of all county roads
8
and dedicated public roads when such use and occupancy of the
9
rights of way do not interfere with the free and safe flow of
10
traffic or otherwise impair the highway or its visual quality.
11
In accordance with that determination and the provisions set
12
forth below in 1.025, this ordinance is adopted to provide a
13
policy and procedure for such accommodation.
14
1.025
AUTHORITY
15
The Board of County Commissioners is authorized by ORS 374.305-330
16
and ORS 758.010-020 to adopt reasonable rules and regulations
17
and to issue permits for the use of all county road and dedicated
18
public road rights of way by utility facilities, including
19
privately owned lines. United States Department of Transporta-
20
tion, Federal Highway Administration Regulations requires
21
regulations of such utility facilities occupying Federal Aid
22
highway projects on county roads constructed after October 1,
23
1969, on a continuous basis in accordance with a satisfactory
1-1
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1 1.025
2 1.030
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 1.050
19
20
21
22
23 1.060
VOL 21 FAcE 814
utility accommodation policy, for the type of highKay, involved
INTERPRETATION
The provisions of this ordinance shall be liberally construed
to effect the purposes set forth above. Each provision re-
quiring 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 reliablility of the applicant and
its proposed facility. The provisions of this ordinance are
declared to be minimum requirements fulfilling the applicant's
obligations and where any provisions of this ordinance may be
less restrictive than conditions imposed by any other provision
of this ordinance, by and other law, rule, or regulation of
this county or another governmental unit, then the more re-
strictive shall apply. This ordinance shall at all times be
interpreted to be consistent with the Deschutes County Compre-
hensive Plan.
SEVERABILITY
The provisions of this ordinance are severable. If any section,
sentence, clause, or part of this ordinance is adjudged to be
invlaid by a court of competent jurisdiction, that decision shall
not affect the validity of the remaining portions of this ordinance.
EDITORIAL REVISION
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VOL 21 PACE815
1
The District Attorney may at any time direct such-changes regarding
2
currently maintained copies of this ordinance and amendments as
3
the legislative counsel is authorized to perform regarding acts
4
of the legislature, pursuant to ORS 173.160, provided that such
5
editorial revision be directed by written memorandum filed with
6
the County Clerk, but subject to disapproval by the Board of
7
Commissioners at its next regular meeting thereafter.
8 1.500
DEFINITIONS
9
The following definitions shall apply whenever the indicated
10
term is used in this ordinance. Words used in the present tense
11
include the future. Words used in the singular number include
12
the plural and words used in the plural include the singular.
13
The word "shall" is mandatory and not directory.
14 1.510
"ADMINISTRATOR" and "APPLICANT"
15
The following definitions apply to this ordinance:
16
1) "Administrator" The Administrator of this Ordinance, whether
17
he be a Director of Public Works, County Engineer, or County
18
Roadmaster, or his Authorized Representative.
19
2) "Applicant" The corporation, company, firm, business,
20
municipal corporation, partnership, individual, or individuals
21
named as such in the permit, together with their agents, employees,
22
representatives, contractors, heirs, and assigns.
23 1.530 "BACKFILL", "BEDDING", "BOARD", "BURIED CABLE", AND "BURY"
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VOL 21 PAGE-816
1 The following definitions apply to this ordinance:
2 1) "Backfill" Replacement of soil around and over a pipe.
3 2) "Bedding" Organization of soil to support a pipe.
4 3) "Board" The Deschutes County Board of Commissioners.
5 4) "Buried Cable" Any and all cables, wires, conduits,
6 pedestals, or related fixtures authorized in the permit.
7 5) "Bury" Depth of top of pipe below grade of roadway or ditch.
8 1.550 "CAP", "CARRIER", "CASING", "CLEAR ROADSIDE POLICY", "COATING",
9 "CONDUIT", "COUNTY", "COUNTY ROAD", AND "CRADLE"
10 The following definitions apply to this ordinance:
11 1) "Cap" Rigid structural element surmounting a pipe.
12 2) "Carrier" Pipe directly enclosing a transmitted fluid,
13 (liquid or gas).
14 3) "Casing" A larger pipe enclosing a carrier.
15 4) "Clear Roadside Policy" The policy employed by a highway
16 authority to increase safety, improve traffic operation, and
17 enhance the appearance of highways by designing, constructing,
18 and maintaining highway roadsides as wide, flat, and rounded,
19 as practical and as free as practical from physical obstructions
20 above the ground, such as trees, drainage structures, massive
21 sign supports, utility poles, and other ground-mounted
22 obstructions.
23 5) "Coating" Material applied to or wrapped around a pipe.
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VOL 21 FAG-t 817
1
6) "Conduit" An enclosed tubular runway for protecting wires
2
or cables.
3
7) "County" A Political Subdivision of the State of Oregon.
4
8) "County Road" Any public road maintained by the County.
5
9) "Cradle" Rigid structural element below and supporting a pipe.
6 1.570
"DEDICATED PUBLIC ROAD", "DIRECT BURIAL", "DISTRICT ATTORNEY",
7
"DRAIN", AND "DUCT"
8
The following definitions apply to this ordinance:
9
1) "Dedicated Public Road" Any public street or road which
10
is not maintained by the County but over which the Board has
11
jurisdictional authority.
12
2) "Direct Burial" Installing a utility facility underground
13
without encasement, by plowing.
14
3) "District Attorney" The District Attorney of the State of
15
Oregon for Deschutes County.
16
4) "Drain" Appurtenance to discharge liquid contaminants from
17
casings.
18
5) "Duct" A conduit as defined above in 1.550(6).
19 1.590
"ENCASEMENT" AND "ENCROACHMENT"
20
The following definitions apply to this ordinance:
21
1) "Encasement" Structural element surrounding a pipe.
22
2) "Encroachment" Unauthorized use of highway rights of way
23
or easements as for signs, fences, buildings, etc.
1-5
VOL 21 PAL, t, 818
1 1.610 "FLEXIBLE PIPE"
2
The following definitions apply to this ordinance:
3
1) "Flexible Pipe" A plastic, fiberglass, or metallic pipe
4
having large ratio of diameter to wall thickness which can be
5
deformed without undue stress.
6
1.630
"GALLERY", "GROUNDED", AND "GROUT"
7
The following definitions apply to this ordinance:
8
1) "Gallery" An underpass for two or more pipelines.
9
2) "Grounded" Connected to earth or to some extended conducting
10
body which serves instead of the earth whether the connection is
11
intentional or accidental.
12
3) "Grout" A cement and sand mortar.
13
1.650
"HIGHWAY"
14
The following definition applies to this ordinance:
15
1) "Highway" A general term denoting a public way for purposes
16
of vehicular travel, including the entire area within the right
17
of way.
18
1.690
"JACKET"
19
The following definition applies to this ordinance:
20
1) "Jacket" Encasement by concrete poured around a pipe.
21
1.750
"MANHOLE"
22
The following definitions apply to this ordinance:
23
1) "Manhole" An opening in an underground system which workmen
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VOL 2-1 FACE 819
1
or others may enter for the purpose of making installations,
2
inspections, repairs, connections, and tests.
3 1.770
"NEW UTILITY INSTALLATIONS" AND-"NORMAL!"
4
The following definitions apply to this ordinance:
5
1) "New Utility Installations" Both the initial installation
6
and the replacement of existing facilities with those of a
7
different type or the replacement at a new location. Any
8
replacement of an existing facility or portion thereof with
9
another of the same type at the same location shall be considered
10
maintenance rather than new utility installation.
11
2) "Normal" Crossing at a right angle.
12 1.790
"OBLIQUE" AND "OVERFILL"
13
The following definitions apply to this ordinance:
14
1) "Oblique" Crossing at an acute angle.
1s
2) "Overfill" Backfill above a pipe.
16 1.810
"PAVEMENT STRUCTURES", "PIPE", "PIPELINE", "POLELINE", AND
17
"PRESSURE".
18
The following definitions apply to this ordinance:
19
1) "Pavement Structure" The combination of subbase, base course,
20
and surface course placed on a subgrade to support the traffic
21
load and distribute it to the roadbed.
22
2) "Pipe„ A tubular product made as a production item for sale
23
as such. Cylinders formed from plate in the course of the
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VOL 21 PAGt- 820
1 fabrication of auxiliary equipment are not pipe as defined here.
2 3) "Pipeline" Any and all pipe lines, hydrants, valve boxes,
3 manholes, conduits or related fixtures authorized in the permit.
4 4) "Poleline" Any and all poles, wires, guys, anchors, or related
5 fixtures authorized in the permit.
6 5) "Pressure" Relative internal pressure in psig. (poinds per
7 square inch gauge)
8 1.850 "RIGHT-OF-WAY", "RIGID PIPE", "ROAD", "ROADSIDE", "ROADWAY",
9 AND "ROAD CONSTRUCTION PROJECT LIMITS".
10 The following definitions apply to this ordinance:
11 1) "Right-of-Way" A general term denoting land, property, or
12 interest therein, usually in a strip, acquired for or devoted to
13 transportation purposeg.
14 2) "Rigid Pipe" A welded or bolted metallic pipe or reinforced,
15 prestressed, or pretensioned concrete pressure pipe designed for
16 diametric deflection of less than 1.0%.
17 3) "Road" A highway as defined in 1.650(l).
18 4) "Roadside" A general term denoting the area adjoining the
19 outer edge of the roadway. Extensive areas between the roadways
20 of a divided highway may also be considered roadside.
21 5) "Roadway" The portion of a highway, including shoulders, for
22 vehicular use. A divided highway has two or more roadways.
23 6) "Road Construction Project Limits" The entire construction
1-8
`a 21 PACE821
1
area, whether inside or outside right-of-way.
2 1.870
"SEMI-RIGID PIPE", "SIDEFILL", "SLAB (FLOATING)", "SLEEVE'
3
"SPECIAL PROVISIONS", "STREET", AND "STRUCTURE".
4
The following definitions apply to this ordinance:
5
1) "Semi-rigid Pipe" A large diameter concrete or metallic pipe
6
designed to tolerate diametric deflection up to 3.0%.
7
2) "Sidefill" Backfill alongside a pipe.
8
3) "Slab (Floating)" Slab between but not contacting pipe or
9
pavement.
10
4) "Sleeve" Short casing through pier or abutment of highway
11
structure.
12
5) "Special Provisions" Those provisions shown under the heading
13
"Special Provisions" in the permit. In all cases of conflict
14
between the Special Provisions and General Provisions, the Special
15
Provisions shall have precedent.
16
6) "Street" A highway as defined by 1.650(1).
17
7) "Structure" Any bridge, box culvert, culvert pipe, storm sewer
18
pipe, catch basin, or manhole.
19 1.890
"TRAVELED WAY" AND "TRENCHED"
20
The following definitions apply to this ordinance:
21
1) "Traveled Way" The portion of the roadway for the movement of
22
vehicles, inclusive of shoulders and auxiliary lanes.
23
2) "Trenched" Installed in a narrow open excavation.
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voL 21 PACE 822
1 1.910
"UNTRENCHED" AND "USE AND OCCUPANCY AGREEMENT"
2
The following definitions apply to this ordinance:
3
1) "Untrenched" Installed without breaking ground or pavement
4
surface, such as by jacking or boring.
5
2) "Use and Occupancy Agreement" The document by which the highway
6
authority regulates and/or gives approval of the use and occupancy
7
of highway rights-of-way by utility facilities or private lines.
8 1.930
"VENT"
9
The following definition applies to this ordinance:
10
1) "Vent" Appurtenance to discharge gaseous contaminants
11
from casings.
12 1.950
"Walled"
13
The following definition applies to this ordinance:
14
1) "Walled" Partially encased by concrete poured alongside the
15
pipe.
16
17
18
19
20
21
22
23
1-10
DETAILED TABLE OF CONTENTS
CHAPTER 2 BASIC PROVISIONS
1
2.010
Applicability
2
2.020
Administrator Authority
3
2.100
Allocation of Costs
4
2.101
Reimbursement
5
2.102
Damage
6
2.200
Hold Harmless
7
2.210
Protective Measures
8
2.250
Traffic Measures
9
2.251
Traffic Devices
10
2.270
Inspection
11
2.275
Supervision
12
2.299
Finality
13
2.300
Insurance
14
2.400
Provisions Relating to Bond
15
16
17
18
19
20
21
22
23
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Vol 21 PAU
L 823
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CHAPTER 2 BASIC PROVISIONS
1 2.010 APPLICABILITY
VOL 21 FAG- 824
2
This ordinance shall apply to all public and private utilities,
3
including electric power, telephone, telegraph, television, water,
4
gas, oil, petroleum products, steam, chemicals, sewage, drainage,
5
irrigation, and similar lines that are to be located, adjusted,
6
or relocated within the right-of-way of county roads or dedicated
7
public roads. No such utility facility shall be constructed or
8
relocated upon any county road right-of-way or dedicated street
9
without first obtaining a permit applied for and issued in accord
10
with this ordinance.
11 2.020
ADMINISTRATOR'S AUTHORITY
12
Wherever this ordinance provides for review, decision, or action
13
by the Board, this authority is delegated to the Administrator
14
subject to review by the Board and to be exercised in accordance
15
with the policies set forth in Chapter 4 of this ordinance and
16
for this purpose the Administrator is hereby designated as the
17
authorized representative of the Board. However, only the Board
18
sitting in regular session, may exercise the authority provided
19
in 2.300, 5.540, or 5.550(1) of this ordinance.
20 2.100
ALLOCATION OF COSTS
21
The entire cost of installing, maintaining, repairing, operating,
22
or using the pole line, buried cable or pipe line and of any
23
other expense whatsoever incident to the facilities or operations
2-1
F AGE 21 ncE 825
1
authorized by the permit shall be paid by the applicant.
2 2.101
REIMBURSEMENT
3
The applicant shall, in addition to 2.100, reimburse the County
4
for any reasonable and necessary expenses that the County may
5
incur in connection with the facilities or operations authorized
6
by the permit, including but not limited to the actual cost of
7
inspection by County Personnel. The reimbursement shall be made
8
by the applicant within thirty days after receiving a statement
9
therefore from the County.
10 2.102
DAMAGE
11
The applicant when billed by the County, shall pay the current
12
market value for any existing forest products on any land be-
13
longing to the County which are damaged or destroyed as a result
14
of operations authorized by the permit.
15 2.200
HOLD HARMLESS
16
The applicant shall indemnify and hold harmless the County, the
17
Board, the members thereof, and all officers or employees of the
18
County against any and all damages, claims, demands, actions,
19
causes of action, costs, and expenses of whatsoever nature which
20
may result from any injury to or the death of any persons or from
21
the loss of or damages to property of any kind or nature, including
22
the County road and County road facilities or structures, property
23
or equipment used or owned by the County, and facilities which now
2 -2
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voL 21 FADE 826
1 or may hereafter occupy the right-of-way of the said County road,
2 when such injury, death, loss, or damage arises out of the con-
3 struction, installation, maintenance, repair, removal, relocation,
4 operation, or use of the pole line, buried cable or pipe line
5 authorized by the permit. The County, its officers or employees
6 shall not be held responsible or liable for injury or damage
7 that may occur to facilities covered by the permit or any
8 connection or connections thereto by reason of County road
9 maintenance and construction operations or resulting from motorist
10 or road user operations, or County road contractor or permitee
11 operations.
12 2.210 PROTECTIVE MEASURES
13 During the initial installation or construction of the facilities
14 authorized by the permit, or during any future repair, removal,
15 or relocation thereof; the applicant shall at all times maintain
16 such flagmen, signs, lights, flares, barricades, and other safety
17 devices as the Administrator may reasonably deem necessary to
18 properly protect traffic and the ;general public upon the County
19 road, and to warn and safeguard the public against injury or damage.
20 The applicant shall maintain said signs, lights, flares, barricades,
21 and other safety devices during non-work hours and the Administrator
22 may rec{uest and be furnished the telephone number and address of
23 the person in charge of said maintenance.
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voL 21 PAUJ'F
L 82 7
1 2.250 TRAFFIC MEASURES
2
The applicant shall so conduct his operations that there will be
3
a minimum of interference with or interruption of traffic upon
4
and along the County road. Except in emergencies there shall be
5
no interference with or interruption of traffic upon and along
6
the County road until a plan for the satisfactory handling of
7
traffic has been worked out and approved by the Administrator.
8
In emergencies the applicant shall notify the Administrator as
9
soon as practicable.
10 2.251
TRAFFIC DEVICES
11
All traffic control and safety devices used for protection of the
12
work areas shall conform to the current edition of the "Manual on
13
Uniform Traffic Control Devices for Streets and Highways", as
14
adopted by the Federal Highway Administration.
15 2.270
INSPECTION
16
To insure compliance with the terms and conditions of the permit,
17
the County reserves the right to inspect
the job during such periods
18
as the Administrator deems necessary,
to
check compliance with the
19
terms of the permit by the applicant
and
to require the applicant
20
to correct all deviations from those
terms and conditions. The
21
cost of the first inspection will be
borne by the County, any
22
additional required inspections shall
be
paid by the applicant
23
under the terms outlined in 2.101.
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VOL 21 FACE 828
1 2.275
2
3
4
5
6
7 2.299
8
9
10
11 2.300
12
13
14
15
16
17
18
19
20
21
22
23
SUPERVISION
Any supervision and/or control exercised by the Administrator
shall in no way relieve the applicant of any duty or responsi-
bility 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 2.200.
FINALITY
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.
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 said 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 said facilities authorized
2-5
Vol 21 PACE 829
1 by the permit and the repair and restoration of the County road
2 facilities, and the said policy or policies, in addition, shall
3 include as named insureds the County, Board and members thereof,
4 its officers, agents, and employees. The said insurance shall
5 provide coverage in amounts required by the County, which shall
6 normally be $100,000.00 for property damage resulting from any
7 single occurrence, and $100,000.00 for the death or injury of
8 person, subject to a limit of $300,000.00 for injuries or deaths
9 resulting from any single occurrence, provided that such re-
10 quirements may be modified as to any permit by specific Order
11 of the Board so declaring. The said insurance policy or policies
12 shall be in an insurance company duly authorized and licensed
13 to do business in the State of Oregon. A copy of the policy
14 or policies, or a certificate evidencing the same, shall be
15 submitted to the Administrator and approved by him before any
16 work is commenced under this permit.
17
18
19
20 2.400 PROVISIONS RELATING TO BOND
21
1)
In order to assure
full and faithful compliance with all of
22
the
terms, conditions,
and obligations of the permit agreement,
23
the
Administrator may
require the permittee or his contractor
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VOL 21 FALL 830
1
to furnish for the period of time required for the complete in-
2
stallation of said facility, including the repair and restoration
3
of the highway facilities, and, also, during such period of time
4
when future maintenance may be performed upon the said facility,
5
a bond or cash deposit in the amount specified in the permit.
6
If a bond is furnished it must be written by a surety company
7
duly qualified and licensed to do business in the State of Oregon
8
and in a form satisfactory to the Administrator. No work shall
9
be commenced under this permit agreement until the said bond has
10
been submitted to and approved by, or the said cash deposit has
11
been received by the Administrator.
12
2) In lieu of posting a cash deposit, the permitee or his
13
contractor may file an "Assignment Agreement" form assigning his
14
savings account with a recognized savings institution in an
15
amount equal to the required cash deposit, with the County.
16
17
18
19
20
21
22
23
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VOL 21 FACE 831
DETAILED TABLE OF CONTENTS
CHAPTER
3 CONSTRUCTION, LOCATION, OPERATION, MAINTENANCE,
REPAIR, RELOCATION, AND REMOVAL
1
3.050
Permit Maps and Drawings
2
3.100
Standard of-Work
3
3.150
Corrugated Metal Pipe and Concrete Pipe
4
3.160
Plastic Pipe
5
3.170
AC-Transite Pipe
6
3.180
Locator Wire for Non-Metallic Pipe
7
3.200
Trench Width
8
3.210
Backfilling
9
3.300
Restoration
10
3.400
Crossing Under Surface
11
3.500
Open Cutting
12
3.550
Patch Repair
13
3.600
Burying
14
3.610
Warning Signs
15
3.620
Pedestals
16
3.630
Depth
17
3.700
Maintenance and Operation
18
3.710
Trees and Shrubs
19
3.900
Removal, Relocation, and Repair
20
3.905
Notice
21
3.910
Bond
22
3.915
County Removal
23
3.920
Attorney Fees
VOL
CHAPTER 3 CONSTRUCTION, LOCATION, OPERATION, MAINTENANCE,
REPAIR, RELOCATION, AND REMOVAL
1 3.050 PERMIT MAPS AND DRAWINGS
21 FACE 832
2
Applicant's
completed facility shall
be in substantial conformance
3
with permit
exhibit maps or drawings
unless special permission is
4
obtained from the Administrator to v
ary from the same during in-
s
stallation.
When such permission is
obtained, applicant shall
6
furnish the
Administrator a set of "
as constructed" maps or
7 drawings detailing any such variance.
8 3.100 STANDARD OF WORK
9 All work in connection with the facility authorized by the permit
10 shall be done in a neat and workmanlike manner to the entire
11 satisfaction of the Administrator and the details of construction
12 of the same shall conform to the established rules and regulations
13 now in effect or which may hereafter be put in effect by the
14 Public Utility Commissioner of the State of Oregon, the Oregon
15 State Board of Health, or other governmental agencies having
16 regulatory authority over said facility.
17 3.150 CORRUGATED METAL PIPE AND CONCRETE PIPE
18 Corrugated metal pipe and concrete pipe used as a conduit or
19 casing pipe or a gravity flow carrier pipe shall as a minimum
20 conform to requirements of the current issue of "State of Oregon
21 Standard Specifications for Highway Construction". Smooth iron
22 or steel pipe used as a conduit or casing pipe shall conform to
23 the appropriate and current ASTM Specifications used for pressure
3-1
VOL 21 PAU ~J~
1
2 3.160
3
4
5
6 3.170
7
8
9
10
11
12 3.180
13
14
15
16
17
18
19
20
21 3.200
22
23
pipe.
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.
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. Non-pressure
pipe crossing a roadway will be class 2400 minimum. Pressure pipes
crossing a roadway will be enclosed in an approved casing pipe.
LOCATOR WIRE FOR NON-METALLIC 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 said 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.
TRENCH WIDTH
No trench shall be excavated with a top width in excess of (24)
twenty-four inches more than the outside diameter of the pipe,
3-2
' YOL 2 PAGE S34
1
conduit, or cable to be installed unless permission is first
2
obtained from the Administrator.
3 3.210
BACKFILLING
4
The backfilling of all trenches and tunnels must be accomplished
5
immediately after the facility authorized by the permit has been
6
placed therein and must be well tamped and fully compacted so as
7
to allow the least possible amount of subsequent settlement.
8
Compactive requirements within the roadway prism shall be those
9
required by County Specifications outlined in Section 3.500 of
10
the Ordinance.
11 3.300
RESTORATION
12
All debris, refuse, and waste of all kinds which may have accum-
13
ulated upon the County road right-of-way by reason of the
14
operations of the applicant, shall be removed immediately upon
15
completion of the said operations, and the said County road
16
right-of-way must be restored to at least as good condition as
17
it was prior to such operations.
18 3.400
CROSSING UNDER SURFACE
19
Unless special permission is first obtained from the Administrator
20
to open cut; pipeline or conduit which crosses under the surfaced
21
portion of the highway, including shoulders, road, or street
22
connections, or road approaches or driveways shall either be
23
tunneled, jacked or driven, or placed in a hole bored under the
3-3
VOL 21 PAGE 835
1
surface for that purpose in accordance with the following
2
provisions:
3
1) Trenching in connection with any of these methods shall be -
4
no nearer the toe of the fill slope in fill sections or the point
5
where the outer edges of the surfacing meets the subgrade in
6
other sections than two (2) feet or as specifed in the Special
7
Provisions, whichever is greater.
8
2) If the tunneling method is used, it shall be by an approved
9
method which supports the surrounding materials so as to prevent
10
caving or settlement. Areas around the installed pipe or conduit
11
shall be backfilled with moist sand, granular material, or cement
12
grout, filling all voids and packed in place with mechanical
13
tampers or other approved devices. Lagging, bulkheading, and
14
timbering shall be removed as the backfilling progresses.
15
3) When the jacking, driving, or boring method is used, it
16
shall be by approve means which will hold disturbances of
17
surrounding material to a minimum. Sluicing and jetting is not
18
permitted. Voids or displacement outside the outside perimeter
19
of the pipe, conduit, or cable where greater than 0.1 foot, shall
20
be filled with sand or cement grout packed in place.
21 3.500
OPEN CUTTING
22
When special permission is granted to open cut the surfaced portion
23
of the highway, the following provisions shall be adhered to:
3-4
t
VOL 21 PA,_ 836
1
1) Trenches shall be cut to have vertical faces, where soil
2
and depth conditions permit, and shall be shaped where necessary.
3
2) The trench edges in paved areas shall be sawed or cut to
4
neat lines by methods satisfactory to the Administrator to a
5
depth sufficient to permit removal of pavement without damage
6
to pavement to be left in place. Pavement to be left in place.
7
Pavement within the cutting limits together with all other
8
excavated material shall be removed and disposed of outside
9
the County road right-of-way.
10
3) In trenching across the County road, no more than one-half
11
of the traveled way is to be opened at one time. The opened
12
half shall be completely backfilled before opening the other half.
13
4) Closure of intersecting streets, road approaches, or other
14
access points will not be permitted. Upon trenching across such
15
facilities, steel running plates, planks, or other satisfactory
16
methods shall be used to provide for traffic to enter or leave
17
the highway or adjacent property.
18
5) No more than 300 feet of trench longitudinally along the
19
highway shall be open at one time and no trench shall be left
20
in an open condition overnight, unless properly lighted and
21
protected in an approved manner.
22
6) Immediately after the facility authorized by the permit has
23
been placed in the trench. The trench shall be Uackfilled as
3-5
VOL 21 PA-837
1
follows, unless otherwise specified by the permit:
2
a) Bedding shall be provided to a minimum depth of six (6) inches
3
below the pipe and six (6) inches above the pipe. Bedding shall
4
consist of granular material, free of lumps, clods, stones, and
5
frozen materials and shall be graded to a firm but yielding
6
surface without abrupt change in bearing value. Unstable soils
7
and rock ledges shall be subexcavated from the bedding zone and
8
replaced by suitable material. The bottom of the trench shall be
9
prepared to provide the pipe with uniform bedding throughout the
10
length of the installation.
11
b) Backfill shall be placed in two stages: First, sidefill to
12
the level of the top of the pipe, and; second, overfill to the
13
bottom of the foundation material described below. Sidefill shall
14
consist of granular material laid in six (6) inch layers, each
15
consolidated by mechanical tamping and controlled addition of
16
moisture, to a density of 95% as determined by AASHO method T-99.
17
Overfill shall be layered and consolidated to match the entrenched
18
material in cohesion and compaction. The use of granular material
19
for overfill may be required if specified by the permit or re-
20
quested by the Administrator. Consolidation by saturation or
21
pondin g is not permitted.
22
c) Wearing surface and foundation material:
23
(1) Where original surface was asphalt concrete or
3-6
'z
VOL 21 FAUt 838
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
bituminous treatment or mix:
(a) Wearing surface asphalt concrete placed to a
compacted thickness of two (2) inches or the
thickness of the removed pavement, whichever
is greater.
(b) Foundation material - either 1 1/2"-0" or 3/411-0"
aggregate placed to a compacted thickness of
twelve (12) 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
(6) 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
111-0" or 3/411-0" aggregate placed to a total
compacted thickness of four (4) inches or the
thickness of the removed stone base and wearing
surface, whichever is greater.
(4) All materials in this subsection above and their placement
shall conform to the requirements of the current "Oregon
3-7
VOL 21 PAUL 839
1
State Highway Standard Specifications for Highway
2
Construction".
3 3.550
PATCH REPAIR
4
All roadbed surfaces disturbed by utility installations, adjust-
s
ments, or repairs covered by permit, will be repaired or replaced
6
within one week, except if specifically allowed for by special
7
provisions listed in the permit.
8
9
All roadbed surfaces disturbed by utility installation, adjust-
10
ments or repairs covered by permit that result in hazards to
11
the traveling public will be either replaced or repaired
12
immediately or adequately barricaded and signed to warn the public
13
that a hazard exists. When such a hazard exists and is suitably
14
barricaded and signed, repair or replacement will be accomplished
15
within one week, or as permitted in paragraph above.
16
17
Any replacement or repair not accomplished by the applicant under
18
the two paragraphs above, within the specified time will be done
19
by the County with no prior notice to the applicant and at the
20
expense of the applicant. The County will also make any
21
immediate repairs, alterations or additions to any barricading,
22
signing, or warning for a hazardous area when such barricading,
23
signing, or warning is found to be inadequate, inappropriate, or
3-8
VOL 21 PAcE840
1
ineffective without prior notice to the applicant.
2
3
Applicant will reinburse the County for the actual cost of
4
materials, labor, equipment, and overhead.
5
6
For a period of one year following the patching of any, paved
7
surface, the applicant shall be responsible for the condition
8
of said pavement patches, and during that time shall, upon
9
request from the Administrator, repair to the County's satis->
10
faction any of the said patches which become settled, cracked,
11
broken, or otherwise faulty.
12 3.600
BURYING
13
Unless special permission is first obtained from the Administrator,
14
direct burial of cable placed by the ploughing method shall be
15
limited to areas outside the surfaced portion of the highway.
16 3.610
WARNING SIGNS
17
Standard warning signs for buried power or communications cable
18
and for pipelines carrying gas or flammable liquids shall be
19
placed at each crossing under the County road and at intervals
20
along longitudinal installations as required by current Public
21
Utility Commissioner of Oregon order or as specified by the
22
Administrator:
23
1) Signs shall be offset as near the right-of-way line as practical.
3 -9
VOL 21 FACE S41
1
2) Signs for installations located within the County road
2
roadbed may be placed behind existing guard rail.
3
3.620
PEDESTALS
4
Pedestals installed as part of a buried cable installation are
5
to be located one foot from the right-of-way line unless special
6
permission is obtained from the Administrator to locate elsewhere.
7
In no case shall the pedestals be located within the County road
8
maintenance operating area, including mowing operations, or
9
nearer the pavement edge than any official road sign in the same
10
general location.
11
3.630
DEPTH
12
The buried cable or pipe depth shown on the permit form
13
represents the distance from the top of the surface or ground
14
line to the top of the cable or pipe.
15
3.700
MAINTENANCE AND OPERATION
16
Applicant shall at all times keep facilities authorized by the
17
permit in a good state of repair.
18
3.710
TREES AND SHRUBS
19
Except in case of an emergency no trees or branches larger than
20
six (6) inches in diameter shall be cut without previous
21
permission from the Administrator.
22
3.900
REMOVAL, RELOCATION, AND REPAIR
23
The permit is issued pursuant to the law of the State of Oregon
3-10
VOL 21 PAGE 842
1
which authorizes the Board to subsequently require the applicant
2
to remove, relocate, or repair the pole line, buried cable, or
3
pipeline covered by the permit at the sole cost of the applicant
4
and by applying, applicant consents and agrees to such condition.
5 3.905
NOTICE
6
Upon receiving written notice from the Board to remove, relocate
7
or repair the said poleline, buried cable, or pipeline, the
8
applicant shall within 60 days remove, relocate, or repair same,
9
at his sole cost, in accordance with said written notice. Under
10
unusual circumstances the Administrator may grant a written
11
extension in time if the applicant can show the need for an
12
extension.
13 3.910
BOND
14
Before commencing said removal, relocation, or repair, the applicant
15
shall furnish such insurance and post such bond as the Board may
16
consider necessary at that time in the manner provided for in 2.400.
17 3.915
COUNTY REMOVAL
18
Should the applicant fail to remove, relocate, or repair the said
19
poleline, buried cable, or pipeline, as provided in 3.900 and
20
3.905 above, the County may remove, relocate, or repair same and
21
submit a statement of total costs for this work to the applicant.
22
Applicant upon receiving said statement will immediately, or
23
within a period of time agreed upon between the applicant and
3-11
VOL 21 FALE S43
1
the Board, pay to the County the full amount of said removal,
2
relocation, or repair costs.
3 3.920
ATTORNEY FEES
4
The applicant agrees that, in the event he fails, as provided in
5
this paragraph, to pay the said costs incurred by the County for
6
the removal, relocation, or repair of the said poleline, buried
7
cable, or pipeline, and it becomes necessary for the County to
8
commence an action or proceeding in a court of competent juris-
9
diction to recover the said removal, relocation, or repair costs
10
that the County shall be entitled to recover in addition to the
11
statutory court costs and disbursements, such additional sum as
12
the Court may adjudge reasonable for attorney's fees to be allowed
13
in such action or proceeding.
14
15
16
17
18
19
20
21
22
23
3-12
DETAILED TABLE OF CONTENTS
CHAPTER 4 POLICY GUIDELINES
1 4.000
2 4.005
3 4.100
4 4.110
5 4.120
6 4.130
7
8 4.140
9 4.150
10
11 4.200
12 4.300
13 4.310
14 4.500
15 4.510
16 4.520
17 4.710
18 4.711
19 4.712
20 4.713
21
22
VOL 2 FAu- 844
General Policy Guidelines
Necessity
Location and Construction Controls
General Considerations in General
Special Consideration - Pipelines
Special Considerations - Underground Electric Power
and Communication Lines
Special Considerations - Overhead Power and Communication Lines
Relocation of Existing Facilities within the Limits of a
Road Construction Project
Scenic Enhancement
Attachments to Structures, Generally
Permitting Attachments
Variances, Generally
Variances, Residential and Business Areas
Variances, Procedures
Permit Exhibit Map
General Information
Pipelines and Buried Cable
Aerial Polelines
23
CHAPTER 4 POLICY GUIDELINES
1
4.000
GENERAL POLICY GUIDELINES , VOL 2 PAGE S45
2
In determining the locations where and the conditions under which
3
utility facilities and private lines will be allowed to occupy
4
County road rights-of-way, the provisions of this chapter apply
5
in conjunction with the appropriate general provisions of this
6
ordinance and such special provisions as may be imposed. When
7
acting as the authorized representative of the Board, these
8
guidelines shall be followed by the Administrator.
9
4..005
NECESSITY
10
Privately owned lines are allowed to occupy a County right-of-way
11
only when there is no other feasible location for the facility
12
involved.
13
4.100
LOCATION AND CONSTRUCTION CONTROLS
14
The following general and special considerations supplement
15
those set forth in 3.050 - 3.920.
16
4.110
GENERAL CONSIDERATIONS IN GENERAL
17
1) Utility lines should be located to minimize need for later
18
adjustment to accommodate future road improvements and to allow
19
servicing such lines with minimum interference to highway traffic.
20
2) To the extent feasible and practicable, crossings of the County
21
road should be on a line generally normal (90°) to the road
22
alignment.
23
3) All utility installations on, over, or under the County road
4-1
VOL 2$ FACE 846
1
right-of-way and attachments to road structures shall be of durable
2
materials and designed for long service life expectancy and rela-
3
tively free from routine servicing and maintenance.
4
4) Provisions for future expansion of utility facilities so as
5
to minimize hazards or disruptions of traffic during future in-
6
stallations is encouraged.
7 4.120
SPECIAL CONSIDERATION - PIPELINES
8
In the case of pipeline permits:
9
1) The minimum depth to the top of the pipe thirty (30) inches
10
from the ground line or top of wearing surface and thirty (30)
11
inches from bottom of road drainage ditch line is required and
12
these distances should be increased when warranted by conditions
13
such as possible increases in ditch depths from scouring or road
14
maintenance, clearance of existing drainage structures or other
15
utilities, code requirements, etc. All pipelines shall be located
16
under drainage structures or under drainage ways except that pipe-
17
lines may be attached to bridges at locations specified by the
18
Administrator.
19
2) Longitudinal installations should be located on a uniform
20
alignment outside of the normal maintenance operating area
21
(beyond ditch or curb line) and as near the right-of-way line
22
as terrain and existing utilities will reasonably allow, but
23
upon older road with narrow rights-of-way underground facilities
4-2
. ' . . t
VOL 21 PAGE 84'7
1 may be allowed in the shoulder area if there is no other feasible
2 location.
3 3) Where a buried crossing is sought :
4 (a) To expedite insertion, removal, or replacement of carrier
5 pipes, to protect carrier pipe from external loads or shock,
6 and to carry leaking fluids or gases away from.the roadway, it
7 is considered desirable to place pressure pipelines crossings
8 of the County roads in conduit or casing pipe. Exceptions may
9 be made for coated and/or cathodic protected steel pipe placed
10 by the trenching method, ductile iron pipe and other durable
11 type pipe having a long term life expectancy, leak proof joints
12 and capable of withstanding the external loads applied through
13 the use of the roadways. Coated pipe placed by the boring or
14 jacking method should be placed in a casing pipe unless the
15 coating is of a type resistant to abrasions.
16 (b) Casing pipe should extend a minimum of two (2) feet beyond
17 the slope, ditch, or curb line. When sealed and vented, vents
18 shall be located outside the maintenance operating area,
19 preferably at the right-of-way line.
20 (c) When no casing pipe is specified, one grade heavier wall
21 thickness than normal may be required as a precautionary measure.
22 (d) Conditions which are generally unsuitable or undesirable
23 for underground crossings should be avoided. These include
4-3
. vol. 21 rn-L 848
1
locations such as in deep cuts, near footings, bridges, and
2
retaining walls, across intersections at grade, at cross drains
3
where flow of water drift or stream bed load may be obstructed,
4
and in wet or rocky terrain where it is difficult to obtain
5
minimum bury.
6 4.130
SPECIAL CONSIDERATIONS - UNDERGROUND ELECTRIC POWER AND
7
COMMUNICATION LINES
8
In case of permits for underground electric power and communication
9
lines:
10
1) All lines installed in ducts or multiple duct systems are subject
11
to the same controls as pipelines.
12
2) Power and communication cable placed by the direct burial
13
(ploughing) method shall be subject to the following controls:
14
(a) Longitudinal installations shall be located inside the
15
roadbed section only if the terrain is such that a cable
16
installation outside the ditch line would be extremely
17
difficult and costly, or if the section of road traverses
18
a scenic area where an overhead installation would detract
19
from the aesthetic values.
20
(b) When allowed in the roadbed section, longitudinal buried
21
cable shall be placed a uniform distance from the pavement
22
edge as near the outside edge of the ditch as possible without
23
interfering with drainage facilities. In no case shall it be
4 -4
VOL 21 PAc, E 8 4 9
1
less than one (1) foot from the pavement edge.
2
(c) When located outside the roadbed section, the cable shall
3
be placed as near the right-of-way line as possible while
4
maintaining a generally uniform distance from the highway
5
centerline or right-of-way line so as to be easily identified
6
by warning signs.
7
(d) The minimum depth for communication cables shall be
8
twenty-four (24) inches. The minimum depth for power cables
9
shall be thirty (30) inches. Under no circumstances shall the
10
depth of power cable be less than thirty (30) inches unless
11
contained in conduit pipe or equivalent protective covering.
12
(e) All crossings shall be contained in conduit placed in
13
the same manner and under the same controls as required for
14
pipelines, except:
15
(1) Communication cable may be installed without
16
conduit when soil conditions will allow installation by
17
boring a hole approximately the same diameter as the
18
cable and pulling the cable through.
19
(f) Direct burial of power and communication cable under the
20
same ploughing operation will require issuance of a separate
21
permit to each utility company or one permit issued jointly
22
and executed by each company.
23 4.140
SPECIAL CONSIDERATIONS - OVERHEAD POWER AND COMMUNICATION LINES
4-5
VOL 21 FACE 850
1
In the case of permits for overhead power and communication lines
2
longitudinal installations:
3
1) Limited to single pole type of construction with joint use
4
encouraged in all instances. Only one poleline on each side of
5
the road is permitted.
6
2) Subject to terrain limitations, poles should be located
7
approximately one (1) foot from the right-of-way line unless
8
protected by a retaining wall, guardrail, steep slope, deep ditch,
9
or the like, or located so as not to encroach on the roadside area.
10
(a) Location behind guard rail shall be a minimum of five
11
(5) feet from its face.
12
(b) All overhead power and communication lines which are
13
constructed parallel to the roadway shall be located down-
14
stream of bridges when crossing any stream that is prone
15
to carry debris during flooding conditions. Overhead roadway
16
crossings shall be constructed a minimum of fifty (50) feet
17
from the ends of any bridge.
18
(c) Location on a cut-slope shall be the minimum horizontal
19
distance from centerline required to place the base of the
20
pole at least five (5) feet above the elevation of the top of
21
the roadway.
22
(d) Variance as required to maintain a reasonable uniform
23
pole alignment will be allowed where irregularly shaped
4-6
VOL 21 PAGE 851
1
portions of the right-of-way extend beyond the normal right-
2
of-way limits.
3
3) Guy wires to ground anchors and stub poles and other related
4
ground mounted appurtenances should not be placed between a
5
pole and the traveled way where they encroach upon the clear
6
roadside area unless they are protected as in 112" above.
7
4) Excepted from these controls are poles or other ground mounted
8
appurtenances required for roadway lighting and other traffic
9
control devices. Such poles and appurtenances shall be of
10
breakaway design serviced by underground cable.
11
5) On section of County roads traversing business or residential
12
areas having a posted or statutory speed limit of forty (40) mph
13
or less, controls will of necessity be governed by roadside
14
development, however, all poles and ground mounted appurtenances
15
shall be located as far as practical behind the curb or outside
16
the shoulder and/or parking area if there is no curb.
17
6) When two or more utilities jointly occupy the same pole or
18
poles, each occupant may obtain a separate permit, or a joint
19
permit may be issued and executed by each company. Identi-
20
fication of the pole owner should be contained in the permit
21
application.
22
7) All crossings of the traveled portion of the highway
23
including service drops shall be maintained at a minimum height
4-7
VOL 21 FAUF852
1
2
3 4.130
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
of eighteen (18) feet as measured from the highest point of the
traveled way under the crossing.
RELOCATION OF EXISTING FACILITIES WITHIN THE LIMITS OF A ROAD
CONSTRUCTION PROJECT
Existing pipelines, polelines, 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 (2) feet clear
of the proposed roadway neatlines and a minimum of two (2) feet
clear of all proposed structures.
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 said clearances cannot
reasonably be met and a drawing showing the proposed alternate
to the two (2) foot clearance requirement.
The County will require the contractor to make a documented
request of the utility company to locate and field mark any
affected underground facilities twenty-four (24) hours in advance
of digging.
4-8
VOL 21 PAGE 853
1
The utility company will be required to mark said facilities
2
within a two (2) foot tolerance.
3
4
The County will require the contractor to refrain from digging
5
or otherwise disturbing the earth within two '(2) feet of any
6
such field marker, except in the presence of a utility representative,
7
when required by the utility company. Said representative shall
8
be assigned by the utility company and shall be on the job site
9
at the appointed time.
10
11
The utility company will be required to field mark their facilities
12
for the contractor, without reimbursement from the contractor,
13
one time only.
14 4.200
SCENIC ENHANCEMENT
15
The controls specified in this section may apply only to active
16
Federal or Federal Aid Highway Projects, and those sections of
17
County roads where Federal or Federal Aid Funds have been
18
expended after October 1, 1969, for the construction or improve-
19
ment of the road or related facilities or for the acquisition of
20
rights-of-way, including highway beautification projects.
21
1) No new utility installations are allowed within scenic strips,
22
overlooks, rest areas, recreation areas, the County road rights-
23
of-way adjacent thereto, or on County road rights-of-way passing
4-9
i ~ t 1
VOL 21 PAGE 854
1
through public parks and historic sites as described under
2
Section 138, Title 23, U.S.C., when said areas or rights-oftway
3
were acquired or improved with Federal Highway or Federal Aid
4
Highway Funds, except as follows:
5
(a) Underground utility installations which do not
6
require extensive removal or alteration of trees visible to
7
the highway user or impair the visual quality of the area.
8
(b) Aerial pole lines if it can be-established that:
9
(1) Other locations are not available or are extremely
10
difficult and unreasonably costly or are less desirable
11
from the standpoint of visual quality.
12
(2) Underground installations are not technically
13
feasible or are unreasonably costly.
14
(3) The proposed installation will be made at a location
15
and will employ suitable designs and materials which give
16
the greatest weight to the visual qualities of the area
17
being traversed. Suitable designs will include, but are
18
not limited to, self-supporting, armless, single pole
19
construction with vertical configuration of conductors
20
and cable.
21
(c) Utilities located on County road right-of-way on the
22
side opposite the above described areas when the right-of-way
23
is adjacent to rather than passing through said areas.
4-10
voL 21 PALE 855
1
2) The above provisions also apply to utility installations
2
that are needed for road or highway purposes, such as highway
3
lighting, service to a weigh station or rest or recreational area.
4 4.300
ATTACHMENTS TO STRUCTURES, GENERALLY
5
Attachment of pipelines, electric power or communication lines
6
to structures should be avoided where it is feasible and
7
reasonable to locate elsewhere, particularly in the case of
8
timber structures which are subjected to frequent and extensive
9
maintenance by replacement of various bridge components.
10 4.310
PERMITTING ATTACHMENTS
11
Attachment to bridges which are adequate to support the additional
12
load and accommodate the utility without compromise of highway
13
features, including reasonable ease of bridge maintenance, will
14
be permitted with the following controls:
15
1) If utility holes in crossbeams or other areas are provided,
16
utilities shall occupy these areas.
17
2) If there are no such provisions, the utility may be carried
18
on suitable padded or coated rollers, saddles, or hangers
19
attached to the structure between the outside beams or girders
20
in a location which will not affect the vertical clearance.
21
(a) Hanger or roller attachment shall be by means of
22
suitable inserts or clamps and shall not be bolted to
23
or through the bridge floor.
4-11
VOL 21 PAGE 856
1
(b) Adequate provision for expansion or contraction
2
shall be provided.
3
3) Attachment to the exposed area along or below the parapet or
4
railing is only permitted when it is not feasible to attach to
5
an interior location. Exposed attachments will be allowed only
6
on the downstream side of bridges. When appropriate pipe or
7
conduit exposed to view shall be painted to blend with the
8
structure.
9
4) Pipes or conduits carried through concrete abutments shall
10
be contained in sleeves and tightly sealed with mastic. When
11
carried through timber bulkheads, the cut timber edges shall
12
be treated with creosote or its equivalent and the bulkhead
13
restored to the equivalent of its original condition by splicing.
14
5) Utility shall be aligned outside the roadway at each end of
15
the structure in as short a distance as operationally practical.
16
6) Communication and electric power cable attachments shall be
17
suitably insulated, grounded and carried in protective conduit
18
from the point of exit from the ground to re-entry.
19
7) All pipe conduit and supporting hardware shall be protected
20
against corrosion.
21 4.500
VARIANCES, GENERALLY
22
The controls outlined in this chapter are intended as guide lines.
23
Variances by the Administrator may be granted for an individual
4-12
f t e
VOL 21 FACE S57
I
permit when it can be shown said variation is economically
2
justified and will not adversely affect the integrity of the
3
County road, its maintenance, efficiency, and the safety of
4
the road user.
5 4.510
VARIANCES, RESIDENTIAL AND BUSINESS AREAS
6
It is recognized that the controls outlined in this chapter
7
cannot be logically applied to many sections of road function-
8
ing as city streets serving developed residential and business
9
areas. On such sections, utility location and installation
10
details will be determined on an individual basis taking into
11
consideration utility systems, roadside development, minimum
12
disruption of road and street facilities and traffic and other
13
controlling factors.
14 4.520
VARIANCES AND PROCEDURES
15
Requests for variance involving sections of County road:
16
1) Upon which Federal Aid Highway Funds have been expended after
17
October 1, 1969, or are programmed for expenditure must be in
18
writing and contain supporting data in justification. They should
19
be submitted through the Administrator for review and approval
20
by the current Federal Highway Administration directives.
21
2) Upon all other roads, may be approved by the Administrator.
22 4.710
PERMIT EXHIBIT MAP
23
The exhibit map should adequately detail the proposed facility to
4-13
VOL 21 PAGE 858
1
the satisfaction of the Administrator. The data may be presented
2
by a plan or profile with appropriate notes or in the case of a
3
short simple crossing, by a rough sketch and description. The
4
exhibit map should include, but not be limited to, the following
5
information:
6 4.711
GENERAL INFORMATION
7
The exhibit map should disclose:
8
1) The Section, Township, and Range
9
2) The County road name or names
10
3) The name of applicant
11 4.712
PIPELINES AND BURIED CABLE
12
When a permit is sought for pipeline or buried cable, the exhibit
13
map should disclose:
14
1) Limits of longitudinal installation and distance from centerline
15
and rights-of-way line.
16
2) Location and angle of crossings of County road.
17
3) Type and size of pipe or cable.
18
4) Design or test pressure and maximum operating pressure for
19
pressure pipelines.
20
5) Type and size of conduit or casing pipe, location and lengths
21
to be used.
22
6) Minimum depth of burial wider roadway and outside roadway area.
23
7) Method of installation for crossings.
4,14
a. +
1
2
3 4.713
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
VOL 21 mr- 859
8) Location and attachments details if to be carried upon County
road bridge or structure.
AERIAL POLELINES
When permit is sought for aerial polelines, and the exhibit map has
not been waived, the exhibit map should disclose:
1) Limits of longitudinal installation, and location and angle
of crossing.
2) Location of poles or related ground mounted appurtenances in
relation to road centerline and right-of-way line.
3) Minimum vertical clearance over roadway. (see 4.140(7))
4-15
1 5.510
2 5.520
3 5.530
4 5.540
5 5.550
6 5.570
7 5.580
8 5.590
9 5.591
10 5.595
11
12
13
14
15
16
17
18
19
20
21
22
23
DETAILED TABLE OF CONTENTS
CHAPTER 5 PERMIT, APPLICATION, AND PROCEDURE
Application
Exhibit Maps
Approval and Issuance of Permit
Board Review
Effective Period of Permit
Civil Rights Act Provisions
Other Agencies
Permit and Application Form
Limited Permit and Application Form
Annual Permit and Application Form
VOL 21 PACE 860
CHAPTER 5 PERMIT, APPLICATION, AND PROCEDURE
VOL PAGE 861
1
5.510
APPLICATION
2
Application for a permit under this ordinance shall be made to the
3
office of the Administrator, using the "Limited Application and
4
Permit to Occupy and Perform Operations Upon a County Road" form
5
set forth in 5.591 or the "Annual Application and Permit to Occupy
6
and Perform Operations Upon a County Road" form set forth in 5.595.
7
Unless waived by the Administrator, two copies of the form shall
8
be submitted and he may require additional information when he
9
deems it necessary or convenient to a decision upon the permit.
10
5.520
EXHIBIT MAPS
11
Each copy of the limited application form shall be accompanied by
12
an exhibit map unless waived by the Administrator. For the annual
13
permit two copies of the exhibit map for each installation shall
14
be submitted for approval before new utility installations unless
15
waived by-the Administrator. The exhibit maps shall be done in
16
accordance-with Article 4.710 of this ordinance.
17
5.530
APPROVAL AND ISSUANCE OF PERMIT
18
The Administrator shall review the application for conformance with
19
this ordinance, shall add any Special Provisions considered necessary
20
or appropriate, and if it complies with the provisions of this
21
ordinance, including the policy considerations set forth in
22
Chapter 3, may approve and issue the completed permit.
23
5.540
BOARD REVIEW
5-1
.
4 ~
VOL 21 FACE 862
1
If the permit is denied by the Administrator or if the Special
2
Provisions imposed are unsatisfactory to the applicant, or in
3
any case referred by the Administrator, at the request of
4
applicant or Administrator the Board may review the application
5
for permit. The Board's decision thereon shall be final and
6
subject only to review for an abuse of discretion.
7 5.550
EFFECTIVE PERIOD OF PERMIT
8
A permit once issued shall terminate as follows:
9
1) Unless otherwise provided in the Special Provisions at the
10
direction of the Board, the permit shall be and remain in effect
11
for a period of twenty (20) years from the date issued and
12
thereafter shall automatically renew for ten (10) year periods
13
indefinitely unless written notice of revocation is duly given
14
at least three (3) months before the expiration of any such period
15
or unless sooner revoked by the mutual consent, or unless sooner
16
revoked by the Board for applicant's failure to abide by the terms
17
and conditions of the permit, or unless sooner revoked by operation
18
of law, or unless the utility for which the permit is issued ceases
19
operation.
20
2) Failure of the applicant within a reasonable time after written
21
notice from the Board to comply with any of the terms and conditions
22
of the permit shall be sufficient cause for immediate cancellation
23
of the permit.
S-2
VOL 21 PAGE S63
1
3) The permit and privileges granted and the obligation of the
2
permittee created thereby shall be binding upon the successors
3
and assigns of the permittee. Permittee.shall give the Board
4
written notice of any such assignment or transfer within a
5
reasonable time thereafter.
6
4) If the applicant fails to commence installation of the
7
poleline, buried cable, or pipeline covered by the permit within
8
ninety C90) days from the date the permit is issued, said permit
9
shall be deemed null and void and all privileges thereunder
10
forfeited, unless a written extension of time is obtained from
11
the Administrator.
12 5.570
CIVIL RIGHTS ACT PROVISIONS
13
In those instances where the section of County road covered by the
14
permit is part of a Federally assisted highway and the permit
15
covers utilities which do not come under the provisions of ORS
16
758.010-020, the applicant and his contractors shall agree to
17
comply with the provisions of the Title VI of the Civil Rights
18
Act of 1964.
19 5.580
OTHER AGENCIES
20
Nothing in this permit is intended to grant rights or imply approval
21
in areas not falling within the authority and jurisdiction of the
22
Board, It is the responsibility of the applicant to determine the
23
need for and to obtain such licenses, permits, or other forms of
5-3
Vol. 21 PA,- 864
1
approval which may be required by State agencies, Federal agencies,
2
cities, municipal corporation, utility companies, railroads, or
3
private property owners.
4 5.590
PERMIT AND APPLICATION FORM
5
All applications made and permits issued under this ordinance
6
shall be in substantially the following forms:
7 5.591
LIMITED PERMIT AND APPLICATION FORM
8
DESCHUTES COUNTY BOARD
9
Limited Application and Permit to Occupy or Perform Operations
10
upon a County Road.
11
Name and Address of Applicant (print)
12
13
14
Applicant hereby applies to the County Board for permission to
15
perform the following operation upon County Road right-of-way in:
16
Section , Twp. R. W.M.
17
Construct, operate, and maintain a poleline
(type)
18
Construct, operate, and maintain a buried cable
(type)
19
Construct, operate, and maintain a pipeline
(type)
20
The installation is shown and described on the exhibit maps or
21
drawings attached hereto and by this reference made a part hereof.
22
The County roads involved are as follows:
23
5 -4
s t_ k"
VOL el fAHX65
1
NAME NO. FAS HWY. NO.
2
3
GENERAL PROVISIONS:
4
The appropriate general provisions contained in the Deschutes
5
County Road Utility Permit Ordinance as supplemented and modified by the
6
following special provisions, shall apply to this permit, and
7
by this reference are made a part hereof. It shall be the
8
obligation of the applicant to obtain said general provisions
9
from the County and to determine which of the various provisions
10
are applicable before commencing work under this permit.
,
11
SPECIAL PROVISIONS:
12
1) A certificate of insurance is required as set forth in-ATticle
13
2.300 of the ordinance.
14
2) A cash deposit, or a cash deposit plus bond in the amount of
15
$ is required, as set forth in Article 2.400 of
16
ordinance.
17
3) Open cutting of the paved or surfaced portion of the County
18
road under 3.500 of the ordinance is/is not* permitted. If per-
19
mitted, it shall be limited to those areas indicated...on the.
20
attached. exhibit.
21
4) ' .Person in charge of protective devices in accordance with
22
Article 2.210 of the ordinance:
23
NAIE :
5 -5
VOL 21 FACE 866
1
BUSINESS PHONE:
2
HOME PHONE:
3
HOME ADDRESS:
4
5
5) In case of other problems contact:
6
NAME:
7
PHONE:
8
6) Exhibit maps (two) are/are not* waived. (see Article 4.710
9
of the Ordinance)
10
7) Additional special provisions are/are not* included on attached
11
sheet.
12
This permit is issued by the County Board subject to the terms and
13
provisions contained herein and attached hereto; this permit is
14
accepted and approved by applicant subject to said terms and
15
provisions.
16
APPLICATION BY (print)
,17
TITLE:
18
SIGNATURE:
19
DATE:
20
COUNTY BOARD
21
BY :
22
TITLE:
23
EFFECTIVE DATE:
5 -6
VOL 21 PAUL 86 7
1
*Strike out word or words not applicable.
2 5.595
ANNUAL PERMIT AND APPLICATION FORM
3
DESCHUTES COUNTY BOARD
4
Annual Application and Permit to Occupy or Perform Operations
5
Upon a County Road.
6
NAME AND ADDRESS OF APPLICANT (print)
7
8
9
Applicant hereby applies to the County Board for permission to
10
perform the following type of operation upon County Road
11
right-of-way:
12
Construct, operate and maintain a poleline
type
13
Construct, operate and maintain a buried cable
(type)
14
Construct, operate and maintain a pipeline
Ctype)
15
GENERAL PROVISIONS:
16
The appropriate general -provisions contained in the Deschutes County
17
Road Utility Permit Ordinance as supplemented and modified by the
18
following special provisions, shall apply to this permit, and by
19
this permit, and by this reference are made a part hereof. It
20
shall be the obligation of the applicant to obtain said general
21
provisions from the County and to determine which of the various
22
provisions are applicable before commencing work under this permit.
23
5-7
VOL 21 PAGE 060
I
SPECIAL PROVISIONS :
2
1) Two copies of an exhibit map for each installation shall/
3
shall not* be submitted for approval before new utility in-
4
stallations. The exhibit maps shall be done in accordance with
5
Article 4.710 of the ordinance.
6
2) A certificate of insurance is required as set forth in
7
Article 2.300 of the ordinance.
8
3) A cash deposit, or a cash deposit plus bond in the amount
9
of $ is required, as set forth in Article 2.400
10
of the ordinance.
11
4) Person in charge of protective devices in accordance with
12
Article 2.210 of the ordinance.
13
NAME:
14
BUSINESS PHONE:
15
HOME PHONE:
16
HOME ADDRESS :
17
18
In case of other problems contact:
19
NAME:
20
PHONE:
21
6) Additional special provisions are/are not* included on attached
22
sheet.
23
This permit is issued by the County Board subject to the terms and
5-8
4 V
Fd ; 4 e-~- i
VOL 21 PAGE 869
1 provisions contained herein and attached hereto; this permit is
2 accepted and approved by applicant subject to said terms and
3 provisions.
4 APPLICATION BY (print) :
5 TITLE:
6 SIGNATURE:
7 DATE :
8 COUNTY BOARD
9 BY:
10 TITLE:
11 EFFECTIVE DATE :
12 *Strike out word or words not applicable.
13
14
15
16
17
18
19
20
21
22
23
519
1 6.010
2
3
4
5
6
7
8
9
10 6.020
11
12
13
14
is
16
17
18
19
20
21
22
23
CHAPTER 6 PENALTIES AND CIVIL REMEDIES
VOL 21 PACE S71
PENALTIES
Any person, firm, or corporation violating any of the provisions
of this ordinance, or causing, permitting, or suffering the same
to be done, shall be guilty-of a misdemeanor and upon conviction
shall be fined not more than $100.00.. Each such person, firm,
or corporation shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any, violation
of any the provisions of this ordinance is committed, continued,
or permitted.
CIVIL REMEDIES
In case any facility or structure is constructed or proposed to be
constructed, maintained repaired, altered or used in violation
of this ordinance, 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.
6-1
Y
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Date of First Reading: January 21, 1976 is
VOL 1 FAGr
Date of Second Reading: February 4, 1976
Adopted this ' day of 1976.
DESCHUTES COUNTY BOARD OF:CO144ISSIONERS
IRMAN
COMMSIONER
Approved as to form-
DEPUTY DISTRICT FT EY
DESCHUTES CO
R ORDING SECRETARY,
LUCIA VENATOR