HomeMy WebLinkAboutOrdnc 026 - Technical Changes (2)Deschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 31, 2011
Please see directions for completing this document on the next page.
DATE: October 3, 2011
Road 541-322-7113FROM: George Kolb, Interim Road Department Director
TITLE OF AGENDA ITEM:
Consideration of Second Reading by Title Only, and Adoption of Ordinance No. 2011-026, Amending
Title 12 of the Deschutes County Code to Make Minor Technical Changes.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Title 12 -Road, Sidewalks and Public Places, deals with construction that occurs within the public
right-of-way throughout Deschutes County. This Title was originally adopted by the Board of County
Commissioners via Ordinance No. 203-7 in February of 1976. Since that time, there have been several
Ordinances (87-007; 88-014; 93-023; 94-025; and 98-049) that added Chapters to the Title and other
Ordinances (95-035; 2001·016 and 2003-021) that made corrections to certain Chapters. The last
change to this Title was in 2003, and since that time, the Road Department has changed the way it
processes the pennits to work in the public right-of-way and also the standards referenced in the Code
have been updated.
There are basically four main changes that will occur as a result of this Ordinance:
1. DCC 12.08 and 12.20 are revised concerning the pennit to work in the public right-of-way. The
original Code had a "Utility Pennit to Perfonn Work in a Public Right-of-Way" along with an "Annual
Application and Permit to Operate and Maintain a Utility within Deschutes County Right-of-Way".
This is being revised to having only one pennit titled, "Pennit for Working in a Public Right-of-Way".
This pennit is required for any work that is being done in the right-of-way versus being limited to
utility work, and is required when any work in the public right-of-way occurs by a utility company,
contractor or private citizen. Prior to this, if a utility had an annual pennit, we would not be notified
when work was to occur in the public right-of-way. We have also added a requirement to the Code that
new pavement cannot be cut by anyone until after a period of five (5) years unless approved by the
Road Department. The Road Department notifies all utilities of upcoming road projects early in the
year to allow them to install conduit where needed. Ifthey have to cut the road, they are required to
bore and jack the installation.
2. DCC 12.08 Fonn, Utility Pennit: The pennit shown in the existing Code will be repealed and
replaced with the permit fonn that has all the changes that have occurred to the Pennit for Working in
the Public Right-of-Way.
3. DCC12.35 is revised to remove the reference to the requirement to obtain a sidewalk permit. The
Road Department does not issue sidewalk permits, and construction and review of sidewalks will be
covered under development plan review and the Permit for Working in a Public Right-of-Way.
4. DCC 12.52 has a new section added concerning prequalification necessary to bid on Road
Department projects. Prior to this revision, a company could apply directly to the Road Department for
prequalification even if the Oregon Department of Transportation (ODOT) would not qualify them to
work on their projects. This addition clarifies that the Contractor bidding on Road Department projects
has to be prequalified with ODOT.
FISCAL IMPLICATIONS:
None -The changes are concerned with clarification in the Code and will not require any expenditure of
County funds.
RECOMMENDATION & ACTION REQUESTED:
Move second reading by Title only of Ordinance 2011-026; move adoption.
ATTENDANCE: George Kolb, Interim Road Department Director
DISTRIBUTION OF DOCUMENTS:
Copy to Sheila Odie (ext. 7148) at the Road Department
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 12, of the Deschutes *
County Code, To Make Minor Technical Changes * ORDINANCE NO. 2011~026
*
WHEREAS, the Deschutes County Road Department has proposed a Text Amendment to Title 12,
Roads, Sidewalks and Public Places Ordinance, to make minor changes that will correct errors, omissions,
inconsistencies, and clarity awkward text; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section L AMENDMENT. DCC 12.04, General Provisions and Definitions is amended to read as
described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in siriltethrough.
Section 2. AMENDMENT. DCC 12.08, Permit Procedures is amended to read as described in Exhibit
"B," attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in stril,ethrol:lgh.
Section 3. AMENDMENT. DCC 12.20, Specifications for Location, Construction, Operation,
Maintenance, Repair, Relocation and Removal is amended to read as described in Exhibit "C," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
strikethrough.
Section 4. AMENDMENT. DCC 12.28, Driveway and Street Improvements is amended to read as
described in Exhibit "D," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in sfl'iketluol:lgh.
Section 5. AMENDMENT. DCC 12.35, Sidewalks is amended to read as described in Exhibit "E,"
attached hereto and by this reference incorporated herein, with new language underlined and language to be
deleted in striketkrol:lgk.
Section 6. AMENDMENT. DCC 12.52, Construction of Public Improvements is amended to read as
described in Exhibit "F," attached hereto and by this reference incorporated herein, with new language
underlined and language to be deleted in striketnfOl:lgn.
Section 7. REPEAL AND REPLACE. Chapter 12.08 Form, Utility Permit, located in Title 12, Roads,
Sidewalks and Public Places, of the Deschutes County Code is hereby repealed and replaced by the revised
Utility Permit as set forth in Exhibit "G," attached hereto and by this reference incorporated herein.
PAGE I OF2 ~ ORDINANCE NO. 2011-026
1
t
Section 8. REPEAL. Chapter 12.08 Form, Application to Operate and Maintain a Utility, located in
Title 12, Roads, Sidewalks and Public Places, of the Deschutes County Code is hereby repealed in its entirety.
Section 9. FINDINGS. The Board adopts as its findings for this ordinance the Staff Report attached as
Exhibit "Hn to Ordinance 2011-026 and incorpordted herein by this reference as its findings to support this
Ordinance
Dated this of 2011 BOARD OF COUNTY COMMISSIONERS--------,
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DeBONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of lSI Reading: __day of _____, 2011.
Date of 2nd Reading: __day of _____,' 2011.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: day of ____--', 2011.
PAGE 2 OF 2 -ORDlNANCE NO. 2011-026
Chapter 12.04. GENERAL PROVISIONS AND DEFINITIONS
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.
12.04.010. Short Title.
This title and amendments thereto may be collectively known as the "Deschutes County Road Utility Permit
Ordinance."
COrd. 203-7 § 1.0 10, 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 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 DCC 12.04.030, DCC 12.04 is adopted to provide a
policy and procedure for such accommodation.
COrd. 203-7 §1.020, 1976)
12.04.030. Statutory Authority.
The Board is authorized by ORS 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 public 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.
COrd. 2011-026 § 1,2011; Ord. 203-7 § 1.025, 1976)
12.04.040. Editorial Revision.
The District AttomeyCounty Legal Counsel may at any time direct such changes regarding currently
maintained copies ofDCC 12 and amendments as the legislative counsel is authorized to perform regarding
acts of the Legislature, pursuant to ORS 173.160; provided, that such editorial revision be directed by
written memorandum filed with the County Clerk, but subject to disapproval by the Board at its next regular
meeting thereafter.
CQrd. 20.1 1-02Q§1,-~QJJ~Ord. 203-7 §1.060, 1976)
12.04.050. Interpretation of Provisions.
A. The provisions of DCC 12 shall be liberally construed to effect the purposes set forth in DCC 12.04.
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 applicant and its proposed facility.
Chapter 12.04 (10/200 I )(09/20 11)
Page 1 of 4 Exhibit A to Ordinance 2011-026
B. The provIsions of DCC 12 are declared to be minimum requirements fulfilling the applicant's
obligations and where any provisions ofDCC 12 may be less restrictive than conditions imposed by any
other provision of DCC 12, by and other law, rule or regulation of the County or another governmental
unit, then the more restrictive shall apply.
C. DCC 12 shall at all times be interpreted to be consistent with the County Comprehensive Plan.
(Ord. 203-7 §1.030, 1976)
12.04.060. Definitions.
The following definitions apply whenever the indicated term is used in DCC 12. 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.
"Administrator" means the Administrator of this title, whether he is a Road Department Director, COl:lnty
Engineer or COllnty RoadmasterJ~oad.R"!.l?_(![(m"!.llt Dir~YlQ[ or fti.s.-th~l:)irector~~_authorized representative.
"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.
"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 purposes supplementary to through-traffic
movement.
"Backfill" means replacement of soil around and over a pipe.
"Bedding" means organization of soil to support a pipe.
"Board" means the Deschutes County Board of Commissioners.
"Buried cable" means any and all cables, wires, conduits, pedestals or related fixtures authorized in the
permit.
"Bury" means the depth of the top of the pipe below grade of roadway or ditch.
"Cap" means rigid structural element surmounting a pipe.
"Carrier" means pipe directly enclosing a transmitted fluid, liquid or gas.
"Casing" means a larger pipe enclosing a carrier.
"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.
"Coating" means material applied to or wrapped around a pipe.
"Conduit" means an enclosed tubular runway for protecting wires or cables.
"County" means J2esch!!!~s County, a political subdivision of the State of Oregon.
"County road" means any public road maintained by the County.
"Cradle" means rigid structural element below and supporting a pipe.
"Dedicated pl:lblic road" means any public street or road which is not maintained by the County but over
which the Board has jurisdictional authorit;".
Chapter 12.04 2 (10/200 I )(09/20 11 )
Page 2 of 4 Exhibit A to Ordinance 2011-026
"Direct burial" means installing a utility facility underground without encasement, by plowing.
"District Attorney" means the District Attorney of the State of Oregon for Deschutes County.
"Drain" means an appurtenance to discharge liquid contaminants from casings.
"Duct" means a conduit as defined in DCC 12.04.060.
"Encasement" means the structural element surrounding a pipe.
"Encroachment" means unauthorized use of highway rights of way or easements as for signs, fences,
buildings, etc.
:'Facility" mean,~J~ublic or private utility that is installed witi}IDJhe i?.~blic right-of:1Y!:!Y.
"Flexible pipe" means a plastic, fiberglass or metallic pipe having large ratio of diameter to wall thickness
which can be deformed without undue stress.
"Gallery" means an underpass for two or more pipelines.
"Grounded" means connected to earth or to some extended conducting body which serves instead of the
earth whether the connection is intentional or accidental.
"Grout" means cement and sand mortar.
"Highway" means a public way for purposes of vehicular travel, including the entire area within the right of
way.
"Jacket" means an encasement by concrete poured around a pipe.
"Local Access Road" means anv public street or road which is not maintained bv the County but over which
the County has jurisdictional authority.
"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.
"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.
"Normal" means crossing at a right angle.
"Oblique" means crossing at an acute angle.
"Overfill" means backfill above a pipe.
"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.
"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 DCC 12.04.
"Pipeline" means any and all pipelines, hydrants, valve boxes, manholes, conduits or related fixtures
authorized in the permit.
"Pole line" means any and all poles, wires, guys, anchors or related fixtures authorized in the permit.
"Pressure" means relative internal pressure in psig (pounds per square inch gauge).
,
"Right of way" means land, property or interest therein, usually in a strip, acquired for or devoted to
I
f
transportation purposes.
Chapter 12.04 3 (1012001)(09/2011)
Page 3 of4 Exhibit A to Ordinance 2011-026 l
I
"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.
"Road" means a highway as defined in Dee 12.04.060.
"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.
"Roadway" means the portion of a highway, including shoulders, for vehicular use. A divided highway has
two or more roadways.
"Road construction project limits" means the entire construction area, whether inside or outside the right of
way.
"SemirigidSemi rigid pipe" means a large diameter concrete or metallic pipe designed to tolerate diametric
deflection up to three percent.
"Sidefill" means backfill alongside a pipe.
"Slab (floating)" means a slab between but not contacting pipe or pavement.
"Sleeve" means short casing through pier or abutment of highway structure.
"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.
"Street" means a highway as defined in Dee 12.04.060.
"Structure" means any bridge, box culvert, culvert pipe, storm sewer pipe, catch basin or manhole.
"Traveled way" means the portion of the roadway for the movement of vehicles, inclusive of shoulders and
auxiliary lanes.
"Trenched" means installed in a narrow open excavation.
"Untrenched" means installed without breaking ground or pavement surface, such as by jacking or boring.
"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.
"Utility" means a public utility, as defined in ORS 757.005, or a telecommunications uti lit" or competitive
telecommunications provider, as those terms are defined in ORS 757.005.
"Vent" means an appurtenance to discharge gaseous contaminants from casings.
"Walled" means partially encased by concrete poured alongside the pipe.
(Ord. 2011-026 §1.2011; Ord. 95-035 § 1, 1995; Ord. 203-7 §§ l.500-1.950, 1976)
)
Chapter 12.04 4 (10/2001)[09/2011)
Page 4 of4 Exhibit A to Ordinance 2011-026
I
Chapter 12.08. PERMIT PROCEDURES
12.08.010. Permit-Application Required.
12.08.020. Application-Exhibit Maps.
12.08.030. Permit-Approval and Issuance.
12.08.040. Board Review.
12.08.050. Permit-Termination Conditions.
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 Dee 12 shall be made to the Office of the AdmiRistratorRoad Department,
using the "Utility Permit to Perform Work in a Public Right ofWay"Permit for Working in a Public Right
of-Way form set forth in Dee 12.08.090" or the "Annual Application and Permit to Operate and Maintain a
Utility vt'ithin Deschutes County Right of '-Vay" furm set furth ill DeC 12.08.1 00. Unless "'shed by the
Administrator. two copies Olle copy of the form shall be submitted and the Administrator may require
additional information when the Administrator deems it when the Administrator deems it necessary or
convenient to a decision upon the permit.
(Ord. 2011-026 §2, 2011: Ord. 95-035 §1, 1995; Ord. 203-7 §5.51O, 1976)
12.08.020. Application-Exhibit Maps.
Each copy of the limited application furmTheJl.pplication form shall be accompanied by an exhibit map
unless waived by the Administrator. For tHe annual permit t',\,0 copies of the exhibit map for each
installation shall be submitted fur approval before nevI utility instullationt; unless waived by the
Administrator. The exhibit maps shall be done in accordance with Dee 12.16.150.
(Orrl. 2QIJ:026§;,..201l.;_Ord. 203-7 §5.520, 1976)
12.08.030. Permit-Approval and Issuance.
The Administrator shall review the application for conformance with Dee 12.08, shall add any special
provisions considered necessary or appropriate, and if it complies with the provisions of Dee 12.08,
including the policy considerations set forth in Dee 12.20, 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 ofdiscretionP.l,![suant to ORS1.4.0 IO.
(Ord. 20U-026§,2. 2011; Ord. 203-7 §5.540, 1976)
Chapter 12.08 (10,'2001)(09/2011)
Page 10(2 -Exhibit B to Ordinance 2011-026
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 fur a period of 30 year::; from the date issued and thereafter shall automatically
rene'", for 10 year periods indefinitely unless \·.ritten notice of revocation is duly givell at least three
months before the expiration of any sllch period Of unless sooner re1loked by the mutual consent, or
unless sooner re¥oked by the Board fur applicant's failure to abide by the terms and conditions of the
permit, or unless sooner re\'oked by of)eration of la',\', or unles:] the utility for which the permit is issued
ceases operation.
B-:A_._Failure of the applicant within a reasonable time after written notice from the Bearti-Administrator
to comply with any of the terms and conditions of the permit shall be sufficient cause for immediate
cancellation of the permit.
G:B. The permit and privileges granted and the obligation of the permittee created thereby shall be
binding upon the successors and assigns of the permittee. The permittee shall give the Boord
8._dministrator written notice of any such assignment or transfer within a reasonable time thereafter.
LIf the applicant fails to commence installation of the pole line, buried cable or pipelinework on the
proj~ct covered by the permit within OO-JiLdays 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. 2011-026 §2. 201l; 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 ORS 758.0 I 0 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 &ar6County. 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. 2011-026 §2, 20 11: Ord. 203-7 §5.580, 1976)
12.08.080. Permit and Application Forms.
All applications made and permits issued under DCC 12.08 shall be in substantially the following form, as
set out in DCC 12.08.090 and DCC 12.08.100.
(Ord. 203-7 §5.590, 1976) I
12.08.090. Limited Permit and Application Form. I
The contents of the limited permit and application form are set out at the end of DCC 12.08.
(Ord. 203-7 §5.591, 1976) I
f r12.08.100. A,DIlHOI Permit aDd ApplieatioDForm.
The contents of tile annual pennit and af)plicationfuml are set out at the end GfDCe 12.08.
(Ord.203 7 §5.595, 1976)
Chapter 12.08 2 (10/2001)(09/2011)
I
Page 20(2 -Exhibit B to Ordinance 2011-026 t
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I
Chapter 12.20. SPECIFICATIONS FOR LOCATION, CONSTRUCTION, OPERATION,
MAINTENANCE, REPAIR, RELOCATION AND REMOVAL
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 Concrete Pipe.
12.20.060. Plastic Pipe.
12.20.070. Locator Wire for Nonmetallic Pipe.
12.20.080. Trench Width.
12.20.090. Backfilling.
12.20.100. Crossing Under Surface.
12.20.110. Open Cntting-Backfill, 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 furnish the Administrator a set of "as constructed"
maps or drawings detailing any such variance~ithin 30 days of coml'letion ofthe installation.
(prd. 2011-02.6 §3, 2011: Ord. 2001-016 §2, 2001; Ord. 203-7 §3.050, 1976)
12.20.020. Standards of Work.
,
IAll 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 (
Iconform 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 ofthe cable or pipe.
(Ord. 203-7 §3.630, 1976)
Chapter 12.20 (10/2001) (09/2011)
Page 1 of 6 Exhibit C to Ordinance 201 J-026
12.20.040. AC-Transite Pipe.
AC-transite pipe, fittings and components shall conform to the appropriate and current ASTM or A WW A
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.l70, 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)
12.20.060. Plastic Pipe.
Plastic pipe, fittings and components shall conform to the appropriate and current ASTM or A WW A
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 I
possible amount of subsequent settlement. Compactive requirements within the roadway prism shall be Ithose required by County specifications outlined in DCC 12.20.110.
(Ord. 203-7 §3.21 0, 1976) f
12.20.100. Crossing Under Surface.
Unless special permission is first obtained from the Administrator to open cut the roadway surface, pipeline
or conduit which crosses under the surfaced portion of the highway, including shoulders, road or street Iconnections, or road approaches or driveways, shall either be tunneled, jacked or driven, or placed in a hole
bored under the surface for that purpose in accordance with the following provisions: I I t
Chapter 12.20 2 (10/2001) (09/201 1) I
Page 2 of 6 -Exhibit C to Ordinance 2011-026 I
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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.
~c:{)Road cut§...!villnot.pe permi,l1:ed on any pavements,that ar~...!mder 5. years 9.1.~:LI.!I11es.;';.JU2ecial approyal is
obtained from the Administrator. !J.nless J.h~ Adminis.1ratoLmmrov~!Uhe road. cllt .....the (:ontfJ!9tor. will
be r~ll!.i.red to bore and jack the install~tion:.
(Ord.20U-026 §3, 2011: 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 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.
IB. The trench shall be backfilled as follows, unless otherwise specified by the permit:
1. Bedding shall be provided to a minimum depth of ~four inches below the pipe and ~LLinches
above the pipe. Bedding shall consist of granular material, free of lumps, clods, stones and frozen
Imaterials 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. Trenches shall be backfilled as outlined in DCC 17.48.270.
C. Wearing surface and foundation material shall be as follows: I
1. Where original surface was asphalt concrete or bituminous treatment or mix replace according to IDCC 17.48.270. i2. Where original surface was portland cement concrete: l
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Chapter 12.20 3 (1012001) (09/2011) i
Page 3 of 6 Exhibit C to Ordinance 2011-026 I
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 replace according to DCC 17.48.270.
4. All materials in DCC 12.20.110 and DCC 12.20.11 O(B), and their placement, shall conform to the
requirements of the current Oregon State Highway Standard Specifications fClr Highway
Construction. QQOTIAJ~\V A Og~gQn St.~m.dard SpecificatiQns for ConstrllctioQ
(Ord. 20 ll:026 i3. 20 I L-Ord. 2001-016 § 1,2001; 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)
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 10/30179; 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 I
repaired or replaced within 24 hours after completion of backfilling of the final phase of the roadway
cut, except jf 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
DCC 12.20.150(A).
C. Any replacement or repair not accomplished by the applicant under DCC 12.20.150(A) or DCC
12.20.150(B), within the specified time will be OOHe-undertaken by the County "."ith nowithol.!! prior
notice to the applicant and at the expense of the applicant. The County wilt also 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 inotice 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 I
for the condition of such pavement patches, and during that time shall, upon request from the
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Chapter 12.20 4 (10/2001) (09/2011)
Page 4 of 6 -Exhibit C to Ordinance 2011-026 I
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Administrator, repair to the County's satisfaction any of the patches which become settled, cracked,
broken or otherwise faulty.
(Ord. 2911-026 §3, 20 II; (Part) of amendment to Ord. 203-7, dated 11119179; 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 guardrail.
(Ord. 203-7 §3 .61 0, 1976) I!
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12.20.180. Trees and Shrubs. I
(
Except in case of an emergency no trees or branches larger than six inches in diameter shall be cut without I
previous permission from the Administrator.
(Ord. 203-7 §3.71O, 1976)
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
I
such bond as the Board may consider necessary at that time in the manner provided for in DCC 12.24.100.
(Ord. 203-7 §3.910, 1976) I
12.20.220. County Removal, Relocation or Repair-Conditions and Costs. t
! !!
Should the applicant fail to remove, relocate or repair the pole line, buried cable or pipeline, as provided in f:
DCC 12.24.190 and DCC 12.24.200, the County may remove, relocate or repair the same and submit a f
1 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 I
!the full amount of such removal, relocation or repair costs.
Chapter 12.20 5 (1012001) (09/2011)
Page 5 of 6 -Exhibit C to Ordinance 2011-026
(Ord. 203-7 §3.915, 1976)
12.20.230. Removal, Relocation or Repair-Recovery of Attorney's Fees.
The applicant agrees that, in the event he fails, as provided in DCC 12.20, 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) I
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Chapter 12.20 6 00/2001) (09/2011)
Page 6 of 6 -Exhibit C to Ordinance 2011-026
Chapter 12.28. DRIVEWAYS AND STREET IMPROVEMENTS
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.
12.28.010. Definitions.
For the purposes of DCC 12.28, unless otherwise apparent from the context, certain words and phrases used
in DCC 12.28 are defined as set forth in DCC 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 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 property where automobiles and other vehicles are operated or
allowed to stand.
Chapter 12.28 (0412003) (09/201 I)
Page 1 of 5 -Exhibit D to Ordinance 201 1-026
Card. 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 acces:> t()rat least seven teet wide, intended anc! used for ingress
and egress of 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 ingre::;s and eg.ress 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. 2011-026 §4, 20 II; 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)
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)
12.28.050. 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 DCC 12.28,
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)
12.28.060. 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)
12.28.070. 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)
12.28.080. 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 private property lines.
Chapter 12.28 2 (0412003) (09/2011)
Page 2 of 5 -Exhibit D to Ordinance 2011-026
(Ord. 95-035 §l, 1995; Ord. 203-6 §10, 1975)
12.28.090. Prohibited Locations.
A. No driveway approach shall be permitted to encompass interfere with any public utility facilities.
Under the permit required by Dee 12.28, 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.
S. At street intersections no portion of any driveway approach, including end slopes, shall be permitted
within the intersection curb return.
e. 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. 2011·026 §4, 2011; Ord. 95-035 §l, 1995; Ord. 203-6 §5, 1975)
12.28.100. 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 and ..lb~ drive~~~JJl meelJhe Spaf!pg requirem~nts listed in
Dee 17,48.090 (8).7
2. Sidelines of lots may also have driveway approaches in conformity with the provisions of Dee
12.28.1 OO(A); 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 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 fuJI height curb shall in all cases be provided between driveway
approaches serving anyone-property frontage.
C. Property frontage referred to in Dee 12.28 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. 2QU-026 §4, 2011; Ord. 95-035 §l, 1995; Ord. 203-6 §6, 1975)
12.28.110. Driveway Approaches Near Alleys.
Driveway approaches located within five feet of the existing curb return at an alley intersection may be
merged with the aJley 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)
12.28.120. 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 premise~jdrivew!!y, or of any
other material satisfactory to the eounty Road Department. Such driveway approach shall be
Chapter 12.28 3 (0412003) (09/2011)
Page 3 of 5 Exhibit D to Ordinance 2011-026 I
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constructed to established grade and shall be adequate and suitable for the traffic to be carried by it. The
penn it shall provide, and the applicant shall agree, that if and when thereafter concrete sidewalks are
constructed, the applicant or his successor shall install concrete driveway approaches.
B. Where standard gutters and curbs have not been installed, the apron widths set forth in DCC 12.28.100
shall be measured along the property line and there shall be not less than 16 feet of frontage between
driveway approaches serving anyone 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 DCC 12.28, 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.
(Qrd. 2Qll:91§j4.,)O 11;Ord. 95-035 § 1, 1995; Ord. 203-6 §9, 1975)
12.28.130. Construction Details.
A. All driveway approaches between the curb line and the property line shall be constructed of Portland
cement concrete proportioned to the satisfaction of the County Road Department, except as provided in
DCC 12.28.120. 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 DCC 12.28.120. 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)
12.28.140. Variances Permitted When.
The County Road Department is authorized to grant, in writing, variances from the regulations and
requirements of DCC 12.28, provided it first detennines 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 fowners or tenants; and
D. That the terms of DCC 12.28 will work unnecessary hardship upon the applicant, property owner or
tenant.
(Ord. 95-035 §1, 1995; Ord. 203-6 §ll, 1975) r
Chapter 12.28 4 (04/2003) (09/201 1)
Page 4 of 5 Exhibit 0 to Ordinance 2011-026 I
12.28.150. Violation-Civil Remedies.
In case a driveway or driveway approach is constructed or proposed to be constructed, maintained, repaired,
altered or used in violation of DCC 12.28, 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 §l, 1995; Ord. 203-6 §14, 1975)
12.28.160. Violation.
Violation of any provision of DCC 12.28 is a Class B violation.
(Ord. 2003-021 §26, 2003; Ord. 95-035 §1, 1995; Ord. 83-015 §1, 1983; Ord. 203-6 §13, 1975)
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Chapter 12.28 5 (04/2003) (09/2011) f
Page 5 of 5 -Exhibit D to Ordinance 2011-026 I
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Chapter 12.35. SIDEWALKS
12.35.010. Title for Citation.
12.35.020. Purpose of Provisions.
12.35.030. Definitions.
12.35.035. Definition-Property Owner.
12.35.040. Definition-Sidewalk.
12.35.050. Sidewalk Standards.
12.35.060. Repairs.
12.35.070. Sidewalk Permit.
12.35.080. Sidewalk Requirements for New Building Construction.
12.35.090. Land Division Sidewalk Requirements.
12.35.100. Developed Area Sidewalk.
12.35.110. Prohibited Activities and Uses.
12.35.120. Owners to FilJ Ground Between Curb and Sidewalk.
12.35.130. Liability for Sidewalk Injuries.
12.35.140. Access During Construction.
12.35.150. Variance Conditions.
12.35.160. Violation-Nuisance.
12.35.170. Violation.
12.35.010. Title for Citation.
DCC 12.35 and the amendments thereto shall be collectively known as the "Deschutes County Sidewalk
Ordinance," and may be so cited.
(Ord. 88-014 §I, 1988)
12.35.020. Purpose of Provisions.
It is the purpose of DCC 12.35 to provide unifonn standards for the construction and placement of
sidewalks within each urban growth boundary and unincorporated community within the County, and to
require all new development to ensure construction of sidewalks.
(Ord. 2011-026 §5, 20 J 1; Ord. 88-014 §1, 1988)
12.35.030. Definitions.
As used in DCC 12.35 certain words and phrases are defined as set forth in DCC 12.35.035-040.
(Ord. 95-035 §I, 1995; Ord. 88-014 §1, 1988)
12.35.035. Definition-Property Owner.
"Property owner" means "owner" as defined in ORS 368.001(4). Where an owner has property frontage on
two roads not including comer 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 ofDCC 12.35.
(Ord. 88-014 §I, 1988)
Chapter 12.35 (01/2003) 09/2011
Page I of 4 Exhibit E to Ordinance 2011-026
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12.35.040. Definition-Sidewalk.
"Sidewalk" means a concrete walkway which meets the design and construction standards set forth in DCC
12.35.050, and is used primarily by pedestrians as a means of foot travel.
(Ord. 88-014 § I, 1988)
12.35.050. Sidewalk Standards.
All sidewalks shall be constructed in accordance with DCC 17.48.440, and to the line and grade specified
by the County. Temporary walkways shall be constructed as directed by the County. I
(Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988)
12.35.060. Repairs. I
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 I
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 I
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 determined later by order of the Board. The County may seek
payment, reimbursement and enforcement of the lien in accordance with ORS 368.910 to and including
ORS 368.925.
COrd. 95-035 §1, 1995; Ord. 88-014 §1, 1988)
12.35.070. Sidewalk Permit.
A. The obtaining ofa side'.\'alk pennit from the County is required prior to the start of an)' repair, alteration
or cOflstFUctions of a sidewalk. In addition, where a sidewalk is to be constructed subsequeflt to
obtaining a building penni!, the side'A'alk permit is required prior to the issuanee ofa bl:lilding permit.
S. Sidewalk penn it tees and inspection tees shall be established in accordance with DCC 4.12. A sidevt'alk
gt:Iarantee shall be detennined and imposed in aceordanee 't't'ith DCC 17.24.120. The tee shall be
reasonably designed to reimburse the eX:pense of eflforcing the regulatiofls. The perronnanee guarantee
requirement shall be reasonably designed to assl:lre the flrofler flerronnanoe in aecordanee with these
regulatiofls.
C. The sidewalk pennit shall be issued pursuant to the prooedure set forth ifl DCC 12.08, Penn it
Prooedures.
(Repealed Ord. 2011-026 §5, 2011; Ord. 95-035 §I, J995; Ord. 88-014 §1, 1988)
12.35.080. Sidewalk Requirements for New Building Construction.
\Vhea a sidewalk in good repair does not exist aad the laaa l;lse approval relating to the use of the property
requires the construotion ofa sidewall., an apf)licaRt for a lll;liiding pennit under such af)proval shall, prior to
obtaifling the bl;lilding penn it, obtain a side'Nalk pennit for the sidewall. required to be oonstructea !:lnder the
land !:lse appro'f'al.
(Repealed Ord. 2011-026 §5, 2011; Ord. 95-035 §1, 1995; Ord. 88-033 §1, 1988; Ord. 88-014 §1, 1988)
Chapter 12.35 2 (01/2003) 0911011
Page 20f 4 -Exhibit E to Ordinance 2011-026
12.35.090. Land Division Sidewalk Requirements. IA. Sidewalk requirements imposed upon an applicant by DCC 12.35 shall be met and ensured as provided
under DCC 12.35.070, 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, 1988)
12.35.100. Developed Area Sidewalk.
The County shall develop a comprehensive urban pedestrian walkway system to achieve the land use and
transportation plans .. DCC 12.35.100 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. IS. The Road Departmeflt, in oOflsultation with the planning departmeRt, shall propose and submit to the
Board an aJlRual side\'1'alk improvemeflt program. UpOR aooeptaRoe and approval of the program by
resolutiofl of the Board, it shall be implemented through the loeal improvemeflt distriot prooess or
through Dee 12.35.060. I
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B Notwithstanding Dee 12.35.100(B), ,,\thereWhere an existing pedestrian sidewalk is incomplete due to
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 ofDCC 12.35.060.
(Ord. 2011-026 §5, 2011; Ord. 95-035 § 1, 1995; Ord. 88-014 § 1, 1988)
12.35.110. 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 ofa 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 ofthe right of way.
B. The use of motorized vehicles, horse-drawn 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, 1988)
Chapter 12.35 3 (0112003) 09/2011
Page 30f 4 Exhibit E to Ordinance 2011-026
12.35.120. 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 DCC 12.35.120.
(Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988)
12.35.130. 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 DCC 12.35.130 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 DCC 12.35.130.
(Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988)
12.35.140. 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, 1988)
12.35.150. Variance Conditions.
Variances to the provisions of DCC 12.35 may be granted in accordance with DCC 17.56 if any of the
following 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 Road Department Director; 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, 1988)
12.35.160. Violation-Nuisance.
Any violation ofDCC 12.35 is declared a nuisance.
(Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988)
12.35.170. Violation.
Violation of any provision ofDCC 12.35 is a Class B violation.
(Ord. 2003-021 §28, 2003; Ord. 95-035 § 1, 1995; Ord. 88-014 §1, 1988)
Chapter 12.35 4 (04/2003) 09/2011
Page 40f 4 -Exhibit E to Ordinance 2011-026
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Chapter 12.52. CONSTRUCTION OF PUBLIC IMPROVEMENTS
12.52.010. Adoption of Transportation Project List.
12.52.010. Adoption of Transportation Project List.
The COW1ty shall maintain a list of transportation projects for capital construction in public right-of-way
segments for which the COW1ty is the road authority. That list shall serve as a guide to the COW1ty in making
expenditures for capital construction in the public right-of-way and in applying for grant funding to make
such improvements . The initial list shall be that list adopted as part of the COW1ty'S Transportation System
Plan, adopted in 1998. The Board shall thereafter on a yearly basis, upon the recommendation of the Road
Department, update that list by resolution.
(Ord. 98-049 § 1, 1998)
12 .52.020 Prequalific.ation of Bidders
In order to be eligible for award of Deschutes County Road Department public works contracts, bidders
must be prequalified in advance. Bidders must file for prequalification with the Oregon Department of
Transportation (ODOT) for bidding in the appropriate classes of work according to OAR chapter 734
Division-O 1 O. Contracts will only be awarded to bidders who at the time of bid opening are prequalified
with ODOT in the appropriate classes of work. except that a bidder whose qualification has been revoked as
provided in ORS 279C.430 may also be eligible under that statute, if the project was advertised prior to the
revocation . The classes of work are listed in the Invitation to Bid and/or Information for Bidders.
Prequalification under this section is the exclusive process for detennining qualification for Deschutes
County Road Department public works contracts .
Prequalification is intended for Prime Contractors, Supplier and subcontractors to not need to be
prequalified. In any proceeding to consider whether an applicant i qualified, documentation of the denial
or revocation of qualification used by ODOT shall constitute reasonable cause to conclude that a person is
not sufficiently qualified under ORS 279C.440. A finding of qualification under this section shall not
preclude County from denying a contract award to any bidder who is determined to be not responsible under
ORS 279C.375(3)(a) and (b).
(Ord. 2011-026 §6, 2011)
Chapter 12.52 (09120 II)
Page 1 of I -Exhibit F to Ordinance 2011-026
-------------------
Pernlit for Working in a Public Right of Way
Also available at http://avenue.deschutes.orglutilityfrontend/
REQUIRED INFORMATION:
ROADNAME:__________________CITY: _________
Nearest Intersecting
APPLICANT:________________ TELEPHONE:-________
FAX NUMBER:________
COMPLETE MAILING ADDRESS:, ______________________
CITY STATE ZIP
CONTRACTOR:_______________LICENSE
TELEPHONE NUMBER: ____________FAX NUMBER:________
JOB SUPERVISOR: ______________,MOBILE
COMPLETE MAILING ADDRESS: ______________________
CITY STATE ZIP
E-MAIL:_____________TYPE OF FACILITY: ___________
PROPOSED STARTING DATE: __________COMPLETION DATE: ______
• Road Cuts will NOT be permitted on any pavements under 5 years of age.
1. A bond or cash deposit.
Oregon Construction Contractor's Board:
License Number: _____________Expiration Date: _____________
Name: Bond Company: _____________
Address: Bond Amount,:-:~$'--____________
License Status: Active Nonactive (circle one)
Bond Effective
A claim may be filed by the Deschutes County Road Department alleging breach of contract, negligent or
improper work, or unsatisfactory work, not meeting county standards.
Cash deposit required as follows if not licensed and bonded:
Going under a paved road/cutting a paved road ... $ 750.00
Cuts or ditches across unpaved or dirt roads ....... $ 2.00/L.F.
Going along the right of way line of a road ......... $ 2.00/L.F.
Grading of unpaved or dirt roads ....................... $ 500.00
2. Certificate of Insurance. A certificate of insurance, of not less than $1,000,000 combined single limit, is
required on file in our office with "Deschutes County, it's Officers, Agents, Employees, and Volunteers"
listed as additional insured on a separate endorsement.
Additional Stipulations:
3. One Call Center Ticket Number . This permit is not valid unless the One Call Center has been
notified. Oregon law requires you to follow rules adopted by the Oregon Utility Center. Those rules are set
Page 1 of 11 -EXHIBIT G to Ordinance 2011-026
forth in OAR 952-001-0010 through 952-001-0090. You may obtain a copy of the rules by calling the
Oregon Utility Center at 1-800-332-2344. The Oregon Utility Center also has a utility locate program,
which must be notified 48 hours before any excavation takes place. The utility locate number is 1-800-332
2344.
4. Replacement IRepair of Survey Monuments and Markers Pursuant to ORS 209.150. The undersigned shall
have a land surveyor licensed in the State Oregon replace andlor repair (at the discretion of the County
Surveyor) any and all survey monuments, pins, or markers of record which are destroyed or damaged as a
result, directly or indirectly, of work resulting from, arising out of, or relating to, the activities, actions, or
inaction's, of the undersigned, or its officer's, employees, subcontractors, or agents within any public right of
way.
The applicant accepts and approves the terms and provisions contained and attached hereto, including the
special provisions and Deschutes Counties adopted Design standards.
5. Notice to Property Owners. In cases where work in the County right-of-way may affect property owners;
those property owners will be notified of the work being done before the work is started. Proof of this
notification is required prior to starting work i.e. copy of notification letter. In some instances construction of
a new road or improving or partially relocating an existing access road may constitute a land use action. The
determination of whether or not this action is considered a land use action is the responsibility of the
Deschutes County Community Development Department. You will need to meet with a CDD planner to
discuss this mater before a permit to perform work within the right-of-way will be granted.
6. New Construction Pre-job Conference. All new construction requires a pre-job conference. This involves
plans, safety, backfill, clean up and notifying One-Call.
7. Other Permits -Separate permits may be required from federal, state or local agencies that have enacted
regulations of ordinances regarding protection of the environment and preservation of natural resources. The
Permittee is solely responsible for complying with said regulations or ordinances, if applicable. Issuance
of a Facility Permit does not ensure that the applicant's proposed actions comply with the Federal
Endangered Species Act, 16 U.S.C. 1531 et seq. (ESA), nor release the applicant from responsibilities or
requirements under any other federal, state or local environmental stature, regulation or permit. In the event
of differences of conflicts between the conditions of the Facility Permit and any such laws, rules or
regulations, the more restrictive shall apply.
8. Hours of work. No work shall be done outside the hours of7:00 a.m. to 5:00 p.m. Monday through Friday.
9. Traffic control. As is required by Deschutes County Ordinance (DCO) 17.48.380, "Construction
Temporary Traffic Control." (attached)
1O. Do not remove any traffic control devices! (SIGNS) Traffic Control Devices must be installed according
to Federal or State standards. Notify the Deschutes County Road Department before commencing any job
where a sign or other traffic control device must be moved. Road Department employees will temporarily
relocate the device. Upon completion of the project, again notify the Road Department and Road
Department employees will reinstall the device.
11. Original condition. Work must be completed and pavement area left in original condition. All pavement
cuts shall be guaranteed against settlement for 1 year.
12. Cutting and repair. All crossings shall be saw cut. All patch work must be inspected by, and approved by,
a Deschutes County inspector upon completion. The final patch must be constructed with hot mix; however,
cold mix may be used as a temporary patch but must be replaced with hot mix when the asphalt plants are
operating. Page 2 of 11 -EXHIBIT G to Ordinance 2011-026
13. Unsatisfactory work. If work DOES NOT meet County requirements and patchwork must be completed by
County forces the cost of such work will billed to the contractor.
14. Hold harmless. Contractor shall be responsible for any and all injury to any and all persons or property
caused directly or indirectly by reason of any and all activities by Contractor in the performance of this
permit, and further agrees to indemnify, save harmless and defend the County, it's officers, agents, and
employees from and against all claims, suits, actions, damages, costs, losses and expenses in any manner
resulting from, arising out of or connected with any such injury.
15. Compliance with State and County. Excavators must comply with the provisions ofORS 757.557(3). All
work performed under this permit shall be in accordance with Deschutes County Code Chapter 12.12 and
12.20.
16. Permit at job site. An approved copy of this permit must be kept on the job site at all times.
17. Call for Inspection. Applicant agrees to call the Deschutes County Road Department when the work is
completed and ready to be inspected.
Applicant agrees and understands that this permit does not constitute a land use permit. Any development of
property connected with this permit must comply with all applicable land use regulations.
APPLICANT'S SIGNA TIJRE: _______________
TITLE:________________DATE:_____
*********************************************************************************************
AMOUNT RECEIVED $ ________CHECK NO./CASH: _____DATE:____
AMOUNTRECEIVEDFROM:____________________________________
,..................................................................•...........................
For Official Use Only: This Permit is issued and accepted by the Deschutes County Road Department, subject to
the terms and provisions contained herein. Permit must be signed to be valid.
APPROVED BY: _____________
TITLE:________________
*********************************************************************************************
COMPLETED DATE: ___________INSPECTED DATE: __________
REMARKS:______________________________
Page 3 of 11 -EXHIBIT G to Ordinance 2011-026
Road De rtment
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541] 388-2719
To: Utility Operators Completing Work on County Right-of-Ways and Receiving
Utility Permits
From: Deschutes County Road Department
Re: Restoration of Right-of-Ways
The Deschutes County Road Department is implementing a new policy for the re
vegetation of County right-of-ways. This procedure has been developed due to the
increasing germination of noxious weeds when soil has been disturbed during
utility/construction work on the right-of-way. The use of dry land grass seed will
stimulate competition and will help deter the germination of weeds such as Spotted
Knapweed, Dalmatian T oadflax, Russian Thistle and Kochia.
Utility Operators will be responsible to complete this task usnign guidelines available
from the County Road Department, WeedNegetation Division.
Guidelines will include:
• Use of approved dryland seed mixture
• Approved seeding methods.
• Approved seeding period -October 1 sl to April 30 th • Construction between May
1st and September 30th will not receive final inspection approval until seeding is
completed during the proper seeding period.
• Utility Operators will be responsible for providing proof of seeding by submitting
a receipt or invoice. Determination of proper proof will be at the discretion of the
County Vegetation Manager.
Deschutes County Vegetation Department is also available to perform re-seeding in the
right-of-way. If you would like a price quote or have any questions, please feel free to
call Dan Sherwin at 541-322-7135.
Page 4 of 11 -EXHIBIT G to Ordinance 2011-026
Quality Services Performed with Pride
SPECIAL PROVISION
WORK IN RIGHT-OF-WAY
IDENTIFICATION SIGN REQUIREMENT
This provision shall apply to all agencies; utilities, corporations (public or private), or individuals engaging in work
activities in the public right-of-way which are under the jurisdiction of Deschutes County, Oregon. This provision
applies to all work activities regardless of whether they are considered to be routine maintenance of existing facilitie~
or are being performed under a separate permit to construct new facilities.
) The entity for whom the work is being performed, or subcontractor acting on behalf of this entity, shall display signs
stating the entity or contractor's name, and a phone number where questions may be directed. The signs shall be a
minimum of2 feet by 2 feet with 2 inch high BLUE letters on a white background conforming to the following
outline:
PROJECT BY
John J. Smith Contracting
Phone 123-4567
l. The above mentioned sign shall be required for any activity which will occupy the same general location for a
duration of one hour or more. These activities will include long-term, intermediate-term, and short-term stationary
work zones as defined by the current edition of PART VI of the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES (MUTCD).
k The signs may be post mounted or mounted on a Type II barricade (minimum 2 feet wide by 3 feet high). The signs
shall be located in a prominent location adjacent to the work and shall be visible to both directions of oncoming
traffic.
I. Logos or lettering on the side of fleet or construction vehicles stating the contractor's name and phone number will
not be permitted as a substitute for the signs required herein.
). Where prime contractors, developers, or owners, have posted signs which meet the requirements contained herein,
subcontractors will not be required to post additional signs,
7 The signs shall be at the project site at all times during the course of the project. Absence of the signs will be
grounds of suspension of all work covered under the permit.
L Sign suppliers may be found in the yellow pages under "Traffic Signs, Signals & Equipment," "Barricades," and
"Signs."
). The purpose of this provision is to positively identify those working in the public right-of-way, for the public who
may have questions or concerns.
O. Property owners performing their own work adjacent to their owner-occupied property are exempt from the above
requirements.
Page 5 of 11 -EXHIBIT G to Ordinance 2011-026
DESCHUTES COUNTY CODE
F or Utility Permits
17.48.340 Construction -Temporary Traffic Control.
A. Temporary protective and directional measures for traffic control shall be in
conformance with the Federal Highway Administration's current Manual on
Uniform Traffic Control Devices.
B. The contractor shall be required to allow one-way traffic through the project
during working hours. However, one-way traffic operation will not be
permitted until such time as the contractor has labor, equipment and materials
on the project necessary to proceed without delaying the work. Once one
way traffic is established, the contractor shall perform the construction work
in a continuous and efficient manner.
C. The contractor shall have a person on the job during working hours and on
call at all other times, who shall have the responsibility to maintain all
directional and warning devices in proper position. The county will be
provided with the name and telephone number of such person.
Page 6 of 11 -EXHIBIT G to Ordinance 2011-026
RECONSTRUCT EXISTING PAVING
SECTION, BUT NOT LESS THAN
CURRENT STANDARD 2" MAXIMUM
LIFTS, MINIMUM 2 LIFTS
18" MIN.
12"
PI DIA.
4" MIN.
SAWCUT OR GRIND JOINTS
SAWCUT FULL DEPTH OR GRIND 2" DEPTH
6" WIDER THAN TRENCH
LEVEL 3, 1/2" DENSE
ASPHALTIC CONCRETE
TRENCH BACKFILL
CTB -TRENCH WIDTH>12"
SCS -TRENCH WIDTH<12"
PIPE ZQNJ:" &. t:lEnDING
ClASS 'Sir OR ~C'tl BACKFill
CDMPACT TO 95% OF MAXIMUM DENSIlY
6 MAXIMUM LIFTS
BACKFlLL FIRST PIPE
ZONE LIFT TO SPRINGUNE
1 ~ TRENCH WIDTH--.j
AS SHOWN
BELOW
Pipe Size LD.Mox. Width
less than 6" 30"
6" 36"
8" 36'
10" 42"
12" 42"
15" 44"
18 u 4B"
Min. Width
24"
25"
27"
30"
30"
36"
38"
Clpss 11" Backfill: 3/4'-0 aggregate bose. Reject bose material may be used
on approval by the Engineer.
Class ·C· BackfiH: Clean sand with no particles size larger than 1/4" and no
more than 1O~ by weight of materlol passing 0 200 sieve
Cement Treated Bose <cnJ): Sholl conform to the requirement of OOOT. It
snail contain 4.5% to 5.5)1; cement by weight (1 to 2 socks cement/ton)
Sand Cement SI!!!!), eSCS); ShaH conform to the requirements of ODOT
speciflCOtion for Closs B bedding. It shall consist of at least 3/4 sock of
portland cement/cubic yard of sand plus water. with 0 7-inch slump plus or
minus 1-1/2 inches.
01.1£ :
1/10/2010
SCAlE :
NONE UTILITY TRENCH
IN EXISTING
PAVEMENT
DESCHUTES COUNTY $~
ROAD DEPARTMENT ~~l~
OI!AWING NO.
1-1
N'I'R(MJ) 8Y :
G.KOLB
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IPage 7 of 11 -Exhibit G to Ordinance 2011-026 i
Deschutes County
o UN C REQUIREMENT
Some time in the past Deschutes County Road Department has granted you the right to construct and
operate a private utility facility which crosses in the public right-of-way. Periodically, various entities
such as pubic utilities, private contractors, or even the Deschutes County Road Department may be
doing underground work in this area. There exists the possibility that your facility could be damaged
or it could cause problems for others working in the area. These potential problems are liabilities for
you.
To reduce potential liabilities for everyone involved, a notification system has been developed which
identifies facilities in the public right-of-way before work begins in the area. With these existing
facilities identified, there is a much less chance of accidents and of damages to the facilities. 1995
Senate Bill 559, section 4, paragraph 3 details the large liability assumed by facility owner/operators if
they are not a part of this notification system. The Oregon Utility Notification Center (OUNC)
operates this notification system in Oregon.
The OUNC has developed various zones in Oregon which maintain maps of all facilities in the zone.
Deschutes County is in the OUNC Zone # IV. When the OUNC receives a request by someone about
to excavate in an area, the OUNC researches its maps and calls all the facility owners in that area. The
owners are then required to mark where the facilities are located. This marking is done with various
colored paints on the ground over the facilities. The color of the paint is an indicator of the type of
utility to be found there.
Should a company damage your system after you have properly identified it, the company then
becomes liable for damages, injuries, and business disruptions. If you have not registered with the
OUNC and your system is damaged, you will be liable for any damages done by the other party.
In order to prevent injuries and reduce preventable damages to underground facilities, Deschutes
County is requiring all permitted "utility" operators to provide proof of being a subscriber (member) to
the OUNC with your facility included on the OUNC maps.
As a subscriber to the OUNC, the first fifty locates requested of you each year by the OUNC are at no
cost. Most small operations rarely reach this fifty per year point. Requests above the fifty are
currently billed at the cost of .90 cents per request.
As one with a permitted system in Deschutes County public right-of-way, you are required to complete
the attached membership application to the OUNC. The completed application is to be submitted to
the OUNC which will then send you a package detailing your requirements with them. The OUNC
package will go into much more detail about this whole issue. After you become a subscriber with the
OUNC, send a copy of your OUNC "welcome fax" to Deschutes County to verify membership. This
verification of membership is essential for you to continue operation of your facility in the public right
of-way. If you have any questions about this Deschutes County requirement, please call Paul
Richardson at (541) 322-7123.
Page 8 of 11 -EXHIBIT G to Ordinance 2011-026
_________________________________________ _
------------------------------------
REQUEST TO BECOME A SUBSCRIBING MEMBER
OF THE
OREGON UTILITY NOTIFICA nON CENTER
Company
Address:
Mailing Address: -----------------------------------------------
Phone Number: Fax Number:
Contact Person: _________________________Title:__________
Phone Number: ___________________________________________
Type of Underground Facilities: _____________________________
General Road Locations of Underground Facilities: (Roads with nearest cross streets)
Authorized by Title Date
SEND TO: Oregon Utility Notification Center
Attn: Database Administrator f
1415 SE Ankeny Street
Portland OR 97214-1417 !
Page 9 of 11 -EXHIBIT G to Ordinance 2011-026
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Additional Stipulations for Working in the Public Right of Way
• Construction Pre-Con Conference -will be held prior to the start of construction.
• 811 Oregon Utility Notification Center -Utility locates must be obtained prior to
start of construction, and all work performed in accordance with the rules adopted
by the OUNC
• Notice to property owners In cases where work in the County right-of-way may
affect property owners; such as the trimming or removal of trees, moving fences,
or any other removal that will directly affect the property owner, those property
owners shall be notified before any work is started. Proof of this notification is
required prior to the beginning of work. Any trees greater than 6" in diameter
shall be offered to the property owner adjoining that removal.
• NO REMOVAL of Traffic Control Signs! Notify the Deschutes County Sign
Department for relocation of any signs, they will also reinstall same signs.
• Traffic Control -No work will be performed without proper signs and flaggers.
All traffic control will be according the "MUTCD" Traffic Specifications. Traffic
control plans must be submitted and approved by the County before construction
begins. Traffic interruption shall not exceed 20 minutes.
• Certified Flaggers Only certified flaggers may be used in the public right-of
way.
• Hours of Work -No work shall be done outside the hours of7:00 am to 5:00 pm,
Monday -Friday.
• Excavation work from existing pavement only rubber tired equipment shall be
used when working from existing pavement.
• No work after dark without approval by the Deschutes County Road Department
and pre-approved lighting stations are used.
• Ice or snow -If pavement is covered with ice or snow, no work in the right-of
way will be allowed that would require the traveling public to alter their driving
or stop in a work zone. Steel plates may be restricted during this time.
• CTB (Cement Treated Base) shall be used under any cuts or trenches under
existing pavement. Pavement depth not be less than four inches, saw cut will be
24 inches wider than trench. (See Permit to Work in Public Right of Way for
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specs).
Page 10 of 11 -EXHIBIT G to Ordinance 2011-026 I r
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• Compaction -Backfill shall be placed in six inch lifts and shall be 95% of
maximum density per AASHTO standards in the ditch where the utility is being
installed. Deschutes County reserves the right to require density testing by an
independent company to insure that compaction requirements are being met. This
testing will be done at the expense of the contractor.
• Manhole covers/Access Vaults shall not exceed the height of existing pavement.
• Dust Abatement -Any work that is done on a non-paved road will require dust
abatement while the work in is progress. All dust complaints will be handled in a
2 hr. period. Because of freezing conditions, no water will be put on gravel roads
until weather and temperature permit.
• Restoring of right-of-way -For reseeding information, contact Dan Sherwin,
Deschutes County Vegetation Manager at 541-322-7135
• Identification Sign Requirement Contractor shall display signs stating their
name and project manager/foreman's phone number where questions may be
directed.
• Parking idle equipment at night & weekends -Equipment will be parked at least
10 feet off of the fog line or edge of pavement and illuminated with barricades.
• Closure of paved roads No paved Deschutes County Road shall be totally closed
during construction, one lane must remain open at all times.
• Open ditches -All open ditches or dig outs for hydrant installations will be
fenced off with orange fabric fencing. If left overnight they need to be
illuminated with flashing barricades.
• Clean-up -All refuse, including pipe strapping, rock piles, excess backfill,
stockpiles, gravel or any other materials brought onto the jobsite will be totally
cleaned up by the end of each regular workweek (Friday).
• Citizen complaints all citizen complaints will be handled in a courteous
professional manner. All complaints will be addressed within 24 hours in order to
satisfy the citizens' concerns. Complaints received shall be passed on to the
County inspector.
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Page 11 of 11 -EXHIBIT G to Ordinance 2011-026 I
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Road D rtment
61150 SE 27th St. • Bend, Oregon 97702
[541) 388-6581 • FAX [541) 388-2719
STAFF REPORT
DESCHUTES COUNTY BOARD OF COMMISSIONERS
09/2011
Staff: George Kolb, PE, County Engineer
Subject: Ordinance 2011-029, amending Title 12, Roads, Sidewalks and Public
Places.
INTRODUCTION
Title 12 -Road, Sidewalks and Public Places, deals with construction that occurs within
the public right-of-way throughout Deschutes County. This Title was originally adopted
by the Board of County Commissioners via Ordinance No. 203-7 in February of 1976.
Since that time, there have been several Ordinances (87-007; 88-014; 93-023; 94-025;
and 98-049) that added Chapters to the Title and other Ordinances (95-035; 2001-016 and
2003-021) that made corrections to certain Chapters. The last change to this Title was in
2003 and since that time, the Road Department has changed the way it processes the
permits to work in the public right-of-way and also the standards referenced in the code
have been updated.
DISCUSSION
There are basically four main changes that will occur as a result of this Ordinance
1. DCC 12.08 and 12.20 are revised concerning the permit to work in the public
right-of-way. The original code had a "Utility Permit to Perform Work in a
Public Right-of-Way" along with an "Annual Application and Permit to Operate
and Maintain a Utility within Deschutes County Right-of-Way". This is being
revised to having only one permit titled, "Permit for Working in a Public Right
of-Way". This permit is required for any work that is being done in the right-of
,way versus being limited to utility work and is required when any work in the
public right-of-way occurs by a utility company, contractor or private citizen.
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Prior to this, if a utility had an annual permit, we would not be notified of when i
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Page 1 of2 EXHIBIT H to Ordinance 2011-026
Quality Services Performed with Pride
work was occurring in the public right-of-way. We have also added a
requirement to the code that new pavement cannot be cut by anyone until after a
period of five (5) years. The Road Department notifies all utilities of upcoming
road projects early in the year to allow them to install conduit where needed. If
they have to cross the road, they are required to bore and jack the installation.
2. DCC 12.08 Form, Utility Permit: The permit shown in the existing code will be
repealed and replaced with the permit form that has all the changes that have
occurred to the Permit for Working in the Public Right-of-Way.
3. DCC 12.3 5 is revised to remove the reference to the requirement to obtain a
Sidewalk permit. The Road Department does not issue sidewalk permits and
construction and review of sidewalks will be covered under development plan
review and the Permit for Working in a Public Right-of-Way.
4. DCC 12.52 has a new section added concerning prequalification necessary to bid
on Road Department projects. Prior to this revision, a company could apply
directly to the Road Department for prequalification even if the Oregon
Department of Transportation (ODOT) would not qualify them to work on their
projects. This addition clarifies that the Contractor bidding on Road Department
projects has to be prequalified with ODOT.
Please reference Exhibit "1" attached to this Staff Report which is a detailed summary of
the changes in Ordinance 2011-026
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Page 2 of2 EXHIBIT H to Ordinance 2011-026
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EXHIBIT "1 "
Summary of Changes -Title 12
DCC 12.04 General Provisions and Definitions:
1. 12.04.040 Editorial Revisions: Replaced "District Attorney" with "County Legal
Counsel"
2. 12.04.060 Definitions: revised the following definitions:
a. Administrator Changed to read "Road Department Director or the
Director's authorized representative"
b. Dedicated Public Road -deleted this definition and replaced it with the
definition, "Local Access Road"
c. Added definition for "Facility"
d. Added definition for "Utility"
DCC 12.08 Permit Procedures:
1. 12.08.010 Permit -Application Required:
a. Changed "Utility Permit to Perform Work in a Public Right-of-Way" to
read "Permit for Working in a Public Right-of-Way" to match the wording
on our current permit.
b. Deleted reference to "Annual Application and Permit to Operate and
Maintain a Utility within Deschutes County Right-of-Way" as we do not
use that permit anymore
c. Last sentence: Delete the requirement to submit two copies and just
require the submittal of one copy.
2. 12.08.020 Application-Exhibition Maps:
a. Deleted reference to annual permit.
3. 12.08.040 Board Review:
a. Added, "pursuant to ORS 34.010" to the last sentence.
4. 12.08.050 Permit-Termination Conditions:
a. A. Removed this section as it deals with permits remaining in effect for
20 years and that is not done anymore.
b. B. -Changed to A and substituted "Administrator" for "Board"
c. C. Changed this to "B" and replaced "Board" with "Administrator"
d. Added "C" to state "project" versus "pole line, buried cable or pipeline"
and change "90 days" to "30 days" f
I5. 12.08.070 permit -Rights Granted:
a. Changed "Board" to "County" in the first sentence. I ,I
6. 12.08.100 Annual Permit and Application Form:
!a. Deleted this section as we do not do Annual Permits anymore. j
Page 1 of3 I,
EXHIBIT "1"
7. 12.08 Form, Utility Permit
a. The permit shown in the Code is out of date and will be replaced with the
new updated, "Permit for Working in a Public Right-of-Way"
DCC 12.20 Specifications for Location, Construction, Operation, Maintenance,
Repair, Relocation and Removal:
1. 12.20.010 Maps and Drawings:
a. Added "within 30 days of completion of the installation" to the last
sentence
2. 12.20.100 Crossing Under Surface:
a. Added "the roadway surface" to the first sentence
b. Added paragraph D which states that road cuts will not be allowed on
pavement that are under 5 years of age unless special approval is obtained
from the Administrator. The Contractor will be required to bore and jack
the installation versus open cut the road. This is something we have been
requiring in the last several years but want to have it in the code.
3. 12.20.110 Open Cutting-Backfill, Resurfacing:
a. Rl.: Changed bedding depth to four inches below pipe (versus six) and
twelve inches above pipe (versus six)
b. CA.: Referenced "Oregon Standard Specifications for Construction"
versus "Oregon State Highway Standard Specifications for Highway
Construction" which is not used anymore.
DCC 12.28 Driveways and Street Improvements:
1. 12.28.035 Definition -Driveway Approach:
a. Revised the wording in this section.
2. 12.28.100 Width of Driveway Approach Apron: Ia. A.I.: added the following to the end of this section, " .. and the driveway
can meet the spacing requirements listed in DCC 17048.090 (B)". This is I
added to prevent additional driveways on Collectors and Arterials.
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DCC 12.35 Sidewalks: I
1. 12.35.070 Sidewalk Permit:
a. Deleted this section as the County does not have a sidewalk permit process
in place. This work would be covered under the "Permit to Work in the t
Public Right-of-Way. !,
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2. 12.35.080 Sidewalk Requirements for New Building Construction: I
a. Deleted this section as the County does not have a sidewalk permit process
in place. This work would be covered under the "Permit to Work in the
Public Right-of-Way".
3. 12.35.100 Developed Area Sidewalk:
a. Deleted section B.
DCC 12.52 Construction of Public Improvements:
1. 12.52.020 Prequalification of Bidders:
a. Added this section to clear up the prequalification's necessary to work on
County projects. It states a contractor has to be prequalified by ODOT to
be able to work on County projects and removes the ability of the County ,
to separately prequalify a contractor not on ODOT's list.
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