HomeMy WebLinkAboutMemo - Roads-SidewalksEXHIBIT "H"
Road Department
STAFF REPORT
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
DESCHUTES COUNTY BOARD OF COMMISSIONERS
[DATE]
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.
Prior to this, if a utility had an annual permit, we would not be notified of when
Page 1 of 2 EXHIBIT "H" TO ORDINANCE NO. 2011-026 9/8/2001
Quality Services Performed with Pride
EXHIBIT "H"
work was occurring in the public right-of-way. We also removed the section that
requires the Board of County Commissioners to review utility permits if an issue
occurs and put that responsibility on the Road Department. 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. 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.
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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EXHIBIT "1"
Summary of Changes — Title 12
DCC 12.04 General Provisions and Definitions:
1. 12.04.060 Definitions: revised the following definitions:
a. Administrator — Changed "County Roadmaster" to "Operations Manager"
b. Dedicated Public Road — deleted this definition and replaced it with the
definition, "Local Access Road"
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. Recommend deletion of this section as I don't think the Board wants to be
involved in the review of utility permits.
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"
5. 12.08.100 Annual Permit and Application Form:
a. Deleted this section as we do not do Annual Permits anymore.
6. 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, Maintenaneet
Repair, Relocation and Removal:
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EXHIBIT "1"
1. 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.
2. 12.20.110 Open Cutting -Backfill, Resurfacing:
a. B.1.: Changed bedding depth to four inches below pipe (versus six) and
twelve inches above pipe (versus six)
b. C.4.: 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. 12.28.100 Width of Driveway Approach Apron:
a. A.1.: added the following to the end of this section, ".. and the driveway
can meet the spacing requirements listed in DCC 17.48.090 (B)". This is
added to prevent additional driveways on Collectors and Arterials.
DCC 12.35 Sidewalks:
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
Public Right -of -Way.
2. 12.35.080 Sidewalk Requirements for New Building Construction:
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".
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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