HomeMy WebLinkAboutTItle 12 Code Changes - Roads-SidewalksREVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Title 12, of the Deschutes
County Code, making 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 clarify awkward text; and
WHEREAS, after notice and hearing as required by law, the Board of County Commissioners has
considered the recommendations of the County Planning Commission; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. 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 strikethrough.
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 strikethrough.
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 strikethrough.
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 stFikethfeugh.
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 str-ikethr-eugh.
PAGE 1 OF 2 - ORDINANCE NO. 2011-026
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.
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 "H" to Ordinance 2011-026 and incorporated herein by this reference as its findings to support this
Ordinance
Dated this
ATTEST:
, 2011 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DeBONE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: day of , 2011 .
Date of 2"a Reading: day of , 2011 .
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Tammy Baney
Anthony DeBone
Alan Unger
Effective date: day of , 2011 .
ATTEST
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2011-026
EXHIBIT "A"
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."
(Ord. 203-7 §1.010, 1976)
12.04.020. Purpose.
It is considered in the public interest for utility
facilities to be accommodated on the rights of
way of all County roads and dedicated public
roads when such use and occupancy of the right
of way do not interfere with the free 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.
(Ord. 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 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 satis-
factory utility accommodation policy for the type
of highway involved.
(Ord. 203-7 § 1.025, 1976)
12.04.040. Editorial Revision.
The District Attorney may at any time direct such
changes regarding currently maintained copies of
DCC 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.
(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.
B. The provisions of DCC 12 are declared to be
minimum requirements fulfilling the
applicant's obligations and where any
provisions of DCC 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
County Engineer or County RoadmasterRoad
Page 1 of 4 - EXHIBIT "A" TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "A"
Dep tmentDirector or his 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 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 public road" means - -
or road—wlhie-l--is--ret is - 'rrty
but over which the Board has jurisclie-tieial
authority.
"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.
"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 any_public street or
road which is not maintained by the County but
Page 2 of 4 - EXHIBIT "A" TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "A"
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 transportation purposes.
"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 DCC
12.04.060.
Page 3 of 4 — EXHIBIT
\\A//
"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.
"Semirigid 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 DCC
12.04.060.
"Structure" means any bridge, box culvert, culvert
pipe, storm sewer pipe, catchbasin 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.
"Vent" means an appurtenance to discharge
gaseous contaminants from casings.
TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "A"
"Walled" means partially encased by concrete
poured alongside the pipe.
(Ord. 95-035 §1, 1995; Ord. 203-7 §§1.500-
1.950,
§1.500-
1.950, 1976)
Page 4 of 4 — EXHIBIT "A" TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "B"
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 DCC 12 shall be
made to the Office of the AdministratorRoad
Department, using the "Utility Permit to Perform
Work+n-a-Pubiic Right of WayPermit for
working in a public right-of-way" form set forth
in DCC 12.08.090_ or the "Annual Application
and Permit to Operate and Maintain a Utility
within Deschutes County Right of -Way" form .,et
forth in DCC 12.08.100. Unless waived by the
• •o ,opiesOne copy of the form
shall be submitted and the Administrator may
require additional information when-- --the
Administrator deems itif it is deemed necessary
or convenient to a decision upon the permit.
(Ord. 95-035 §1, 1995; Ord. 203-7 §5.510, 1976)
12.08.020. Application -Exhibit Maps.
Each copy of the limited application forrnlF.h
application form shall be accompanied by an
exhibit map unless waived by the Administrator.
For the annual permit two copies of the exhibit
map for each installation shall be submitted for
waived by the Administrator. The exhibit maps
shall be done in accordance with DCC 12.16.150.
(Ord. 203-7 §5.520, 1976)
12.08.030. Permit -Approval and Issuance.
The Administrator shall review the application
for conformance with DCC 12.08, shall add any
Page 1 of 2 - EXHIBIT
NABrr
special provisions considered necessary or
appropriate, and if it complies with the provisions
of DCC 12.08, including the policy
considerations set forth in DCC 12.20, may
approve and issue the completed permit.
(Ord. 203-7 §5.530, 1976)
12.08.040. Board Review.** Do we want the
BOCC involved in review of
Hermits?
_lf the permit is -denied by the Administrator or if
re unsatisfactory
Administrator, at the request of applic-at+t or
Administrator the Board may re;4ew-die
application for permit. The Boardls-deet&ten-
fer-an--abuse of discretion.
(Ord. 203-7 §5.540, 1976)
12.08.050. Permit -Termination Conditions.
A permit once issued shall terminate as follows:
A. Unless otherwise provided in the special
provisions at the discretion of the Board, the
permit shall be and remain in effect for a
period of 20 years from the date is.;ued and
year periods indefinitely unless written notice
of revocation is duly given at Ienst three
months before the expiration of any such
period or unless sooner revoked by the
mutual consent, or unle' ; sooner revoked by
the Board for applicant's failure to abide by
unless :sooner revoked by operation of law, or
unless the utility for which the permit is
issued ceases operation.
B. Failure of the applicant within a reasonable
time after written notice from the Board to
comply with any of the terms and conditions
of the permit shall be sufficient cause for
immediate cancellation of the permit.
G.A_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 Board Road__Department written
notice of any such assignment or transfer
within a reasonable time thereafter.
TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "B"
B.If the applicant fails to commence installation
of the pole line, buried cable or pip.Jinework on
the .project covered by the permit within 90 30
days from the date the permit is issued, such
permit shall be deemed null and void and all
privileges thereunder forfeited, unless a written
extension of time is obtained from the
administration.
(Ord. 203-7 §5.550, 1976)
12.08.060. Civil Rights Act Provisions.
In those instances where the section of County
road covered by the permit is part of a federally
assisted highway and the permit covers utilities
which do not come under the provisions of ORS
758.010 and 758.020, the applicant and his
contractors shall agree to comply with the
provisions of Title VI of the Civil Rights Act of
1964.
(Ord. 203-7 §5.570, 1976)
12.08.070. Permit -Rights Granted.
Nothing in the permit is intended to grant rights
or imply approval in areas not falling within the
authority and jurisdiction of the BoardCounty. It
is the responsibility of the applicant to determine
the need for and to obtain such licenses, permits
or other forms of approval which may be required
by state agencies, federal agencies, cities,
municipal corporation, utility companies,
railroads or private property owners.
(Ord. 203-7 §5.580, 1976)
12.08.080. Permit and Application Forms.
All applications made and permits issued under
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)
12.08.090. Limited Permit and Application
Form.
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)
12.08.44 —4n ual Perm'
Form:
The contents of the annual permit and application
(101:-203 7 §5.595, 1976)
Page 2 of 2 — EXHIBIT "B" TO ORDINANCE NO. 2011-026 9/8/2011
Chapter 12.20.
12.20.010.
12.20.020.
12.20.030.
12.20.040.
12.20.050.
12.20.060.
12.20.070.
12.20.080.
12.20.090.
12.20.100.
12.20.110.
12.20.120.
12.20.130.
12.20.140.
12.20.150.
12.20.160.
12.20.170.
12.20.180.
12.20.190.
12.20.200.
12.20.210.
12.20.220.
12.20.230.
EXHIBIT "C"
SPECIFICATIONS FOR
LOCATION,
CONSTRUCTION,
OPERATION,
MAINTENANCE,
REPAIR, RELOCATION
AND REMOVAL
Maps and Drawings.
Standards of Work.
Depth.
AC-Transite Pipe.
Corrugated Metal Pipe and
Concrete Pipe.
Plastic Pipe.
Locator Wire for Nonmetallic
Pipe.
Trench Width.
Backfilling.
Crossing Under Surface.
Open Cutting -Backfill,
Resurfacing.
Burying of Cable.
Pedestals and Meters.
Cleanup.
Restoration of Surface -Repairs.
Maintenance and Operation.
Warning Signs.
Trees and Shrubs.
Removal, Relocation or
Repair -Required When.
Removal, Relocation or
Repair -Notice.
Removal, Relocation or
Repair -Bond.
County Removal, Relocation or
Repair -Conditions And Costs.
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
Page 1 of 5 — EXHIBIT
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.
(Ord. 2001-016 §2, 2001; Ord. 203-7 §3.050,
1976)
12.20.020. Standards of Work.
All work in connection with the facility
authorized by the permit shall be done in a neat
and workmanlike manner to the entire satisfaction
of the Administrator, and the details of
construction of the same shall conform to the
established rules and regulations now in effect or
which may hereafter be put in effect by the Public
Utility Commissioner of the state, the Oregon
State Board of Health, or other governmental
agencies having regulatory authority over such
facility.
(Ord. 203-7 §3.100, 1976)
12.20.030. Depth.
The buried cable or pipe depth shown on the
permit form represents the distance from the top
of the surface or ground line to the top of the
cable or pipe.
(Ord. 203-7 §3.630, 1976)
12.20.040. AC-Transite Pipe.
AC-transite pipe, fittings and components shall
conform to the appropriate and current ASTM or
AWWA Specifications written for the specific
type of usage that the pipe will receive.
Nonpressure pipe crossing a roadway will be a
Class 2400 minimum. Pressure pipes crossing a
roadway will be enclosed in an approved casing
pipe.
(Ord. 203-7 §3.170, 1976)
12.20.050. Corrugated Metal Pipe and
Concrete Pipe.
Corrugated metal pipe and concrete pipe used as
a conduit or casing pipe or a gravity flow carrier
pipe shall, as a minimum, conform to the
requirements of the current issue of State of
TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "C"
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
AWWA Specifications written for the specific
type of usage that the pipe will receive.
(Ord. 203-7 §3.160, 1976)
12.20.070. Locator Wire for Nonmetallic
Pipe.
On all installations of plastic, AC-transite or clay
carriers of water, gas or sewage, an insulated
copper wire shall be buried with and in close
proximity to the carrier. Wire shall be No. 16 or
larger. The wire shall be buried the entire length
of all such carriers and shall be brought to the
surface and connected to ground rods or other
suitable grounding devices at sufficient locations
to make it possible to connect toning devices to
the system for locating.
(Ord. 203-7 §3.180, 1976)
12.20.080. Trench Width.
No trench shall be excavated with a top width in
excess of 24 inches more than the outside
diameter of the pipe, conduit or cable to be
installed unless permission is first obtained from
the Administrator.
(Ord. 203-7 §3.200, 1976)
12.20.090. Backfilling.
The backfilling of all trenches and tunnels must
be accomplished immediately after the facility
authorized by the permit has been placed therein
and must be well tamped and fully compacted so
as to allow the least possible amount of
subsequent settlement. Compactive requirements
within the roadway prism shall be those required
by County specifications outlined in DCC
12.20.110.
(Ord. 203-7 §3.210, 1976)
Page 2 of 5 — EXHIBIT "C" TO ORDINANCE
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 connections, 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:
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.
i. Road cuts will not be permitted on any
pavements that are under 5 years old unless
special approval is obtained from the
Administrator. Contractor will be required to
bore and jack the installation.
(Ord. 203-7 §3.400, 1976)
NO. 2011-026 9/8/2011
EXHIBIT "C"
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.
B. The trench shall be backfilled as follows,
unless otherwise specified by the permit:
1. Bedding shall be provided to a minimum
depth of six four inches below the pipe
and six twelve inches above the pipe.
Bedding shall consist of granular
Page 3 of 5 — EXHIBIT
material, free of lumps, clods, stones and
frozen materials and shall be graded to a
firm but yielding surface without abrupt
change in bearing value. Unstable soils
and rock ledges shall be subexcavated
from the bedding zone and replaced by
suitable material. The bottom of the
trench shall be prepared to provide the
pipe with uniform bedding throughout
the length of the installation.
2. Trenches shall be backfilled as outlined
in DCC 17.48.270.
C. Wearing surface and foundation material
shall be as follows:
1. Where original surface was asphalt
concrete or bituminous treatment or mix
replace according to DCC 17.48.270.
2. Where original surface was portland
cement concrete:
a. Wearing surface, either portland
cement or asphalt concrete placed to
a thickness of six inches or the
thickness of the removed pavement,
whichever is greater;
b. Foundation material, same as for
asphaltic concrete.
3. Where original surface was crushed rock
or gravel replace according to DCC
17.48.270.
4. All materials in DCC 12.20.110 and
DCC 12.20.110(B), and their placement,
shall conform to the requirements of the
current Oregon State Highway Standard
Specifications for Highway Construction.
(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
TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "C"
one foot from the right of way line unless special
permission is obtained from the County engineer
to locate elsewhere. In no case shall the pedestals
and/or meters be located within the County road
maintenance operating area, including mowing
operations, or nearer the pavement edge than any
official road sign in the same general location.
(Amendment to Ord. 203-7, dated 10/30/79; Ord.
203-7 §3.620, 1976)
12.20.140. Cleanup.
All debris, refuse and waste of all kinds which
may have accumulated upon the County road
right of way by reason of the operations of the
applicant, shall be removed immediately upon
completion of the operations, and the County
road right of way must be restored to at least as
good condition as it was prior to such operations.
(Ord. 203-7 §3.300, 1976)
12.20.150. Restoration of Surface -Repairs.
A.
B.
C.
All roadbed surfaces disturbed by utility
installations, adjustments or repairs covered
by permit, will be repaired or replaced within
24 hours after completion of backfilling of
the final phase of the roadway cut, except if
specifically allowed for by special provisions
listed in the permit.
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).
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 done by the County with no prior
notice to the applicant and at the expense of
the applicant. The County will also make any
immediate repairs, alterations or additions to
any barricading, signing or warning for a
Page 4 of 5 — EXHIBIT "C" TO ORDINANCE
hazardous area when such barricading,
signing or warning is found to be inadequate,
inappropriate or ineffective without prior
notice to the applicant.
D. The applicant will reimburse the County for
the actual cost of materials, labor, equipment
and overhead.
E. For a period of one year following the
patching of any paved surface, the applicant
shall be responsible for the condition of such
pavement patches, and during that time shall,
upon request from the Administrator, repair
to the County's satisfaction any of the patches
which become settled, cracked, broken or
otherwise faulty.
((Part) of amendment to Ord. 203-7, dated
11/19/79; Ord. 203-7 §3.550, 1976)
12.20.160. Maintenance and Operation.
The applicant shall at all times keep facilities
authorized by the permit in a good state of repair.
(Ord. 203-7 §3.700, 1976)
12.20.170. Warning Signs.
Standard warning signs for buried power or
communication cable and for pipelines carrying
gas or flammable liquids shall be placed at each
crossing under the County road and at intervals
along longitudinal installations as required by
current State Public Utility Commissioner order
or as specified by the Administrator:
A. Signs shall be offset as near the right of way
line as practical.
B. Signs for installations located within the
County road roadbed may be placed behind
existing guardrail.
(Ord. 203-7 §3.610, 1976)
12.20.180. Trees and Shrubs.
Except in case of an emergency no trees or
branches larger than six inches in diameter shall
be cut without previous permission from the
Administrator.
(Ord. 203-7 §3.710, 1976)
NO. 2011-026 9/8/2011
EXHIBIT "C"
12.20.190. Removal, Relocation or Repair -
Required When.
The permit is issued pursuant to the laws of the
state which authorizes the Board to subsequently
require the applicant to remove, relocate or repair
the pole line, buried cable or pipeline covered by
the permit at the sole cost of the applicant and by
applying, the applicant consents and agrees to
such condition.
(Ord. 203-7 §3.900, 1976)
12.20.200. Removal, Relocation or Repair -
Notice.
Upon receiving written notice from the Board to
remove, relocate or repair the pole line, buried
cable or pipeline, the applicant shall within 60
days remove, relocate or repair same, at his sole
cost, in accordance with the written notice.
Under unusual circumstances the Administrator
may grant a written extension in time if the
applicant can show the need for an extension.
(Ord. 203-7 §3.905, 1976)
12.20.210. Removal, Relocation or Repair -
Bond.
Before commencing such removal, relocation or
repair, the applicant shall furnish such insurance
and post such bond as the Board may consider
necessary at that time in the manner provided for
in DCC 12.24.100.
(Ord. 203-7 §3.910, 1976)
(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)
12.20.220. County Removal, Relocation or
Repair -Conditions and Costs.
Should the applicant fail to remove, relocate or
repair the pole line, buried cable or pipeline, as
provided in DCC 12.24.190 and DCC 12.24.200,
the County may remove, relocate or repair the
same and submit a statement of total costs for the
work to the applicant. The applicant upon
receiving such statement will immediately, or
within a period of time agreed upon between the
applicant and the Board, pay to the County the
full amount of such removal, relocation or repair
costs.
Page 5 of 5 - EXHIBIT "C" TO ORDINANCE NO. 2011-026 9/8/2011
Chapter 12.28.
12.28.010.
12.28.015.
12.28.020.
12.28.025.
12.28.030.
12.28.035.
12.28.040.
12.28.045.
12.28.050.
12.28.060.
12.28.070.
12.28.080.
12.28.090.
12.28.100.
EXHIBIT "D"
DRIVEWAYS AND
STREET
IMPROVEMENTS
Definitions.
Definition -Apron.
Definition-Curbline.
Definition -Curb Return.
Definition -Driveway.
Definition -Driveway Approach.
Definition -End Slopes.
Definition -Sidewalk Section.
Permit -Required.
Permit -Application.
Permit -Approval and Issuance.
Public Property Use Restrictions.
Prohibited Locations.
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)
Page 1 of 4 - EXHIBIT
\\D //
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.
(Ord. 203-6 §1, 1975)
12.28.035. Definition -Driveway Approach.
"Driveway approach" means an area, construction
or improvement between the roadway of a public
street and private property intended to provide
access for vehicles from the roadway of a public
street to a definite area of the private property,
such as a parking area, a driveway or a door at
least seven feet wide, intended and used for the
ingress and egress of vehicles. The component
parts of the driveway approach are termed the
apron, the end slopes or the curb return, and the
sidewalk section.
(Ord. 203-6 §1, 1975)
12.28.040. Definition -End Slopes.
"End slopes" means the portions of the driveway
approach which provide a transition from the
normal curb and sidewalk elevations to the grade
of the apron, either by means of a sloping surface
or by means of a curb return together with the
area between the projected tangents of the curb
return.
(Ord. 203-6 §1, 1975)
12.28.045. Definition -Sidewalk Section.
"Sidewalk section" means the portion of the
driveway approach lying between the back, or
TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "D"
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.
(Ord. 95-035 §1, 1995; Ord. 203-6 §10, 1975)
Page 2 of 4 — EXHIBIT
IlDff
12.28.090. Prohibited Locations.
A. No driveway approach shall be permitted to
encompass any public utility facilities.
Under the permit required by DCC 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.
B. At street intersections no portion of any
driveway approach, including end slopes,
shall be permitted within the intersection
curb return.
C. At street intersections in noncommercial or
residential and rural areas, no portion of any
driveway approach, including end slopes,
shall be permitted within 50 feet of the
intersection curb return.
(Ord. 95-035 §1, 1995; Ord. 203-6 §5, 1975)
12.28.100. 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 the driveways can rneetthe
sp ciug_ ieq_uirementslisted in PCC
KLP099114
(I3).
2. Sidelines of lots may also have driveway
approaches in conformity with the
provisions of DCC 12.28.100(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
TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "D"
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 full height curb shall in all
cases be provided between driveway
approaches serving any one -property
frontage.
C. Property frontage referred to in DCC 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. 95-035 §1, 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 alley intersection
pavement, thus requiring the removal of the
existing curb return: the total apron length plus
the alley width, measured at the curbline of the
apron to the opposite alien 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 premises, or of any other material
satisfactory to the County Road Department.
Such driveway approach shall be constructed
to established grade and shall be adequate
and suitable for the traffic to be carried by it.
The permit shall provide, and the applicant
shall agree, that if and when thereafter
Page 3 of 4 — EXHIBIT "D" TO ORDINANCE NO. 2011-026 9/8/2011
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 any one property.
C. In areas designated on the comprehensive
plan for urban growth, permits shall not be
issued for any surface improvement or paving
on the street right of way between driveway
approaches unless a concrete curb or other
physical obstruction, of a design satisfactory
to the County Road Department, is
constructed and maintained by the applicant
along his property line, so that the entrance
and exit of vehicles to and from the
applicant's property will be restricted to the
established driveway approaches. Pursuant
to the permit provided for in 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.
(Ord. 95-035 §1, 1995; Ord. 203-6 §9, 1975)
EXHIBIT "D"
12.28.130. Construction Details.
A. All driveway approaches between the
curbline and the property line shall be
constructed of Portland cement concrete
proportioned to the satisfaction of the County
Road Department, except as provided in
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
determines that the following conditions are
present:
A. The variance requested arises from peculiar
physical conditions not ordinarily existing in
similar districts in the County, or is due to the
nature of the business or operation upon the
applicant's property;
B. That the variance requested is not against the
public interest, particularly safety,
convenience and general welfare;
C. That the granting of the permit for the
variance will not adversely affect the rights of
adjacent property owners or tenants; and
D. That the terms of DCC 12.28 will work
unnecessary hardship upon the applicant,
property owner or tenant.
(Ord. 95-035 §1, 1995; Ord. 203-6 §11, 1975)
12.28.150. Violation -Civil Remedies.
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 §1, 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)
In case a driveway or driveway approach is
constructed or proposed to be constructed,
Page 4 of 4 — EXHIBIT "D" TO ORDINANCE NO. 2011-026
9/8/2011
EXHIBIT "E"
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 Fill 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 §1, 1988)
12.35.020. Purpose of Provisions.
It is the purpose of DCC 12.35 to provide
uniform standards for the construction and
placement of sidewalks within each urban growth
boundary and unii corlxnated community_ within
the County, and to require all new development to
ensure construction of sidewalks.
(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 §1, 1995; Ord. 88-014 §1, 1988)
Page 1 of 4 — EXHIBIT
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 corner lots,
and the County has denied the owner access to a
County arterial or collector, the County shall be
deemed the owner of that portion of the arterial or
collector where access has been denied for the
purposes of DCC 12.35.
(Ord. 88-014 §1, 1988)
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 §1, 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.
(Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988)
12.35.060. Repairs.
A. All property owners shall maintain sidewalks
within public right of way or on public
easements adjacent to their property in good
repair. If any such sidewalk is not
maintained in good repair, the Board may
send a notice by certified mail to the owner,
requiring the owner to repair the sidewalk,
setting forth the nature and extent of repairs,
and the time, not less than 30 days after the
date of the notice, within which the owner
must make the specified repairs.
B. If the owner does not make the repairs within
the time allowed, the Board may order the
repairs to be made. The Board shall file the
order, including a description of the abutting
property, with the County Clerk. The
recorded order is notice that the described
property is subject to a lien for the cost of the
sidewalk repairs, in an amount to be
determined later by order of the Board. The
TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "E"
County may seek payment, reimbursement
and enforcement of the lien in accordance
with ORS 368.910 to and including ORS
368.925.
(Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988)
A. Thc-eb
Chu
repair, alteration or constructions of a
sidewalk i—addit€n, where a sidewalk is -to
be--eo -ohtainir a
required prior to the issuance of a building
permit.
B. Side ,alk permit fees and inspection fees
shall be establi:J . ' • ..
4: f2. A—sidewalk guarantee shall -be
determined and it
DCC 17.21.120. The fee shall be reasonahly
designed to reimburse the expense -of
• ations. The performance
guarantee requirement shall be reasonably
accordance with these regnlati-enth
C. The sidewalk permit shall be issued pursuant
to th
p
When a sidewalk in good repair does not exist
and the land use approval relating to the use of
the property requires the construction of a
such approval shall, prior to obtaining the
building permit, obtain a sidewalk permit for the
sidewalk required to be constructed under the
land use approval.
(Ord. 95 035 §1, 1995; Ord. 88 033 §1, 1988;
Ord. 88 011 §1, 1988)
12.35.090. Land Division Sidewalk
Requirements.
A. 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.
13- The Read- Department, in consultation with
the planning department shall-propesc and
submit to the Board --an annual sidewalk
improvement program. Upon acceptance and
approval of the program by resolution of the
Board, it shall be implemented through the
localimprovement district process or through
DCC 12.35.060:
B. :' • . CC 12.35.100(B), where
Where 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 of DCC 12.35.060.
Page 2 of 4 - EXHIBIT "E" TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "E"
(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 of a motor vehicle, except
emergency vehicles, on or over any
portion of a sidewalk;
2. The dumping, depositing or placing of
refuse or leaves upon a sidewalk;
3. Allowing an accumulation of snow or ice
to remain upon the sidewalk;
4. The sale or display of merchandise on or
near a sidewalk in such a way that the
merchandise or prospective buyers of it
might impede or obstruct the passage of
pedestrians or bicyclists; and
5. The growth of trees, bushes or other
plants in such a way that any part of the
plant growing on or over a sidewalk
might impede or obstruct the passage of
pedestrians or bicyclists or create a sight
distance hazard for users of the right of
way.
B. The use of motorized vehicles, 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)
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
Page 3 of 4 — EXHIBIT
AlEff
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,
TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "E"
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 of DCC 12.35 is declared a
nuisance.
(Ord. 95-035 §1, 1995; Ord. 88-014 §1, 1988)
12.35.170. Violation.
Violation of any provision of DCC 12.35 is a
Class B violation.
(Ord. 2003-021 §28, 2003; Ord. 95-035 § 1,
1995; Ord. 88-014 §1, 1988)
Page 4 of 4 — EXHIBIT "E" TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "F"
Chapter 12.52. CONSTRUCTION OF
PUBLIC
IMPROVEMENTS
12.52.010. Adoption of Transportation
Project List.
12.52.010. Adoption of Transportation
Project List.
The County shall maintain a list of transportation
projects for capital construction in public right-
of-way segments for which the County is the road
authority. That list shall serve as a guide to the
County 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 County'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 Prequalification 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 -010.
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
determining qualification for Deschutes County
Road Department public works contracts.
Predualification isintended .for Prime
Coon-trac,tots,Supplier and subcontractors tonot
need to be_prectualif ed., In_any,_proceeding_to
consider whether an applicant isqualified,
documentation of the denial or revocation of
qualification used by_GUCYI:_shall _constitute
reasonable cause to conclude that aaper son is not
sufficiently_ qualifieclunder ORS, 2790,.440. _A
fnclin,g of_clu Ilification under this section shall
not_,preclude County from tlenytng.a contract
award to any bidder who is determined to be not
responsible under ORS 279C 375(3)(x) and (b)_
Page 1 of 1 — EXHIBIT "F" TO ORDINANCE NO. 2011-026 9/8/2011
Dear Customers:
EXHIBIT "G"
Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
In an effort to provide better customer service, the Deschutes County Road Department
now offers our Utility Permit on-line at http://avenue.deschutes.org/utilityfrontend/ .
All applicants must provide the required cash deposit if they are not Licensed and
Bonded. Also, a certificate of insurance, for not less than $1,000,000.00, must be on file
in our office with "Deschutes County, its Officers, Agents, Employees and Volunteers"
named as additional insured in the "Description of Operations" box. If you can not
provide the afore mentioned requirements a Utility Permit can not be issued.
For more information call Paul Richardson at 541-322-7123.
Thank you for your cooperation.
Page 1 of 12 — EXHIBIT "G" TO ORDINANCE NO. 2011-026 9/8/2011
Quality Services Performed with Pride
EXHIBIT "G"
Permit for Working in a Public Right of Way
Also available at http://avenue.deschutes.org/utilityfrontend/
REQUIRED INFORMATION:
ROAD NAME: CITY:
Nearest Intersecting Road
APPLICANT: TELEPHONE:
FAX NUMBER:
COMPLETE MAILING ADDRESS:
CITY STATE ZIP
CONTRACTOR: LICENSE #
TELEPHONE NUMBER: FAX NUMBER:
JOB SUPERVISOR: MOBILE NO.
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 to:
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.
3.
Additional Stipulations:
4. 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 2 of 12 — EXHIBIT "G" TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "G"
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 /Repair of Survey Monuments and Markers Pursuant to ORS 209.150. The undersigned shall
have a land surveyor licensed in the State Oregon replace and/or 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 of 7:00 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)
10. 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 3 of 12 — EXHIBIT "G" TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "G"
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 of ORS 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 SIGNATURE:
TITLE: DATE:
*********************************************************************************************
AMOUNT RECEIVED $ CHECK NO./CASH: DATE:
AMOUNT RECEIVED FROM:
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:
DATE:
*********************************************************************************************
COMPLETED DATE: INSPECTED DATE:
REMARKS:
Page 4 of 12 — EXHIBIT "G" TO ORDINANCE NO. 2011-026 9/8/2011
EXHIBIT "G"
Road Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
Date: November 4, 2003
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 dryland grass seed will
stimulate competition and will help deter the germination of weeds such as Spotted
Knapweed, Dalmatian Toadflax, Russian Thistle and Kochia.
Utility Operators will be responsible to complete this task usnign guidelines available
from the County Road Department, Weed/Vegetation Division.
Guidelines will include:
• Use of approved dryland seed mixture
• Approved seeding methods.
• Approved seeding period — October 1st to April 30th. 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 5 of 12 — EXHIBIT "G" TO ORDINANCE NO. 2011 - 026 9/8/2011
Quality Services Performed with Pride
EXHIBIT "G"
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 facilities
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 of 2 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
;. 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).
[. 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.
>. 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.
i. 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.
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.
0. Property owners performing their own work adjacent to their owner -occupied property are exempt from the above
requirements.
Page 6 of 12 — EXHIBIT "G" TO ORDINANCE NO. 2011 — 026 9/8/2011
EXHIBIT "G"
DESCHUTES COUNTY CODE
For 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 7 of 12 — EXHIBIT "G" TO ORDINANCE NO. 2011 - 026 9/8/2011
EXHIBIT "G"
RECONSTRUCT EXISTING PAVING
SECTION, BUT NOT LESS THAN SAWCUT OR GRIND JOINTS
CURRENT STANDARD 2"
MAXIMUM SAWCUT FULL DEPTH OR GRIND 2" DEPTH
LIFTS, MINIMUM 2LIFTS 6" WIDER THAN TRENCH
4' MIN.
i
WC -<\''<<<<M
18" MIN.
VARIES
12"
4
PIPE DIA.
4" MIN.
1
Pipe Size I.D.Max. Width Min. Width
less than 6" 30" 24"
6" 36" 25"
8" 36' 27"
10" 42" 30"
12" 42" 30"
15" 44" 36"
18" 48" 38"
J:\CAD\Projects\DC Standards\1-1.dwg
DATE :
1/10/2010
NONE
DRAWING NO.
APPROVED BY
G.KOLB
TRENCH WIDTH
AS SHOWN
BELOW
EXISTING PAVEMENT
LEVEL 3, 1/2" DENSE
ASPHALTIC CONCRETE
TRENCH BACKFILL
CTB — TRENCH WIDTH>12"
SCS — TRENCH WIDTH<12"
CLASS "B" OR"C"— TRENCH WIDTH>12"
COMPACT TO 95% OF MAXIMUM DENSITY
SCS — TRENCH WIDTH<12"
PIPE ZN & QEDING
CLASS 'B OR 'C'BACKFILL
CQMPACT TO 95% OF MAXIMUM DENSITY
6' MAXIMUM LIFTS
BACKFILL FIRST PIPE
ZONE LIFT TO SPRINGLINE
Class "B" Backfill: 3/4"-0 aggregate base. Reject base material may be used
on approval by the Engineer.
Class "C" Backfill: Clean sand with no particles size larger than 1/4" and no
more than 10% by weight of material passing a 200 sieve
Cement Treated Bose (CTB): Shall conform to the requirement of ODOT. It
shall contain 4.5% to 5.5% cement by weight (1 to 2 sacks cement/ton)
Sand Cement Slurry (SCS): Shall conform to the requirements of ODOT
specification for Closs B bedding. It shall consist of at least 3/4 sack of
portland cement/cubic yard of sand plus water, with a 7—inch slump plus or
minus 1-1/2 inches.
UTILITY TRENCH
IN EXISTING
PAVEMENT
DESCHUTES COUNTY
ROAD DEPARTMENT
Page 8 of 12 EXHIBIT "G" TO ORDINANCE NO. 2011 - 026 9/8/2011
EXHIBIT "G"
Deschutes County
OUNC 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 9 of 12 EXHIBIT "G" TO ORDINANCE NO. 2011 - 026 9/8/2011
EXHIBIT "G"
REQUEST TO BECOME A SUBSCRIBING MEMBER
OF THE
OREGON UTILITY NOTIFICATION CENTER
Company Name:
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
1415 SE Ankeny Street
Portland OR 97214-1417
Page 10 of 12 EXHIBIT "G" TO ORDINANCE NO. 2011 - 026 9/8/2011
EXHIBIT "G"
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 of 7:00 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
specs).
Page 11 of 12 EXHIBIT "G" TO ORDINANCE 2011— 026 9/8/2011
EXHIBIT "G"
• 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.
Page 12 of 12 EXHIBIT "G" TO ORDINANCE 2011 — 026 9/8/2011