Chapter 12.05 CONSTRUCTION, REPAIR AND MAINTENANCE

“Apron” means that portion of the driveway approach extending from the gutter flow line to the property line and lying between the end slopes of the driveway approach. When the sidewalk is located at the curb line, the apron is a part of the sidewalk section.

“City” means the city of Creswell, including the city council, city staff, and personnel retained to assist the city, such as the city engineer and city attorney. Unless otherwise specified, the term “city” in this chapter, when referring to the issuance of a permit, shall refer to the city recorder.

“Curb cut” means the curb opening for the apron and lying between the end slopes of the driveway approach.

“Driveway” means an area on private property where automobiles and other vehicles are operated or allowed to stand.

“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 curb return, and the sidewalk section.

“End slopes” means those 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.

“Frontage” means that boundary of private property abutting the city street line.

“Opening streets” means any excavation in a public right-of-way.

“Paved streets” means all concrete or asphalted concrete streets.

“Sidewalk section” means that portion of the driveway approach lying between the back edge of the sidewalk and the apron plus the end slopes measured at the front edge of the sidewalk.

“Single ownership” means:

A. A parcel of land under one ownership.

B. A parcel of land under 15-year lease or longer, operated under separate management.

C. A group of separately owned parcels operated under group management.

“Unpaved streets” means those gravel, oil matted, or oil shot streets and all streets not falling under the definition of a paved street. [Ord. 353 § 1, 1993].

12.05.020 Permit required.

No person shall do work affecting the public right-of-way without first obtaining a permit from the city. Work affecting the public right-of-way includes, but is not limited to, construction, reconstruction, grading, oiling, repair, opening excavation of or connection to a sidewalk, street, public utility, curb, driveway, culvert ditch or sewer and water main in a public right-of-way but does not include the construction of public improvements performed under city contract. [Ord. 353 § 2, 1993].

12.05.030 Permit – Application.

A. Application for a public improvement work permit shall be made to the city on forms provided.

B. The city may require such information including drawings, surveys and plans as deemed necessary to determine whether the proposed work conforms to this chapter, standard specifications of the city and sound engineering and design practices.

C. If the city determines that it is proper that the proposed work be done, the application shall be approved and upon payment of the required fee and deposits the city shall issue the permit.

D. If a permit is denied, the applicant shall have the right of appeal to the council. [Ord. 353 § 3, 1993].

12.05.040 Permit – Insurance requirement.

No permit shall be issued unless an applicant agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of a permit under CMC 12.05.020 shall constitute such an agreement by the applicant, whether the same is expressed or not. [Ord. 353 § 4, 1993].

12.05.050 Permit – Fees and deposits.

An application for a public improvement work permit must be accompanied by the application fee set by council resolution. Any deposits required by the city must be tendered before the permit is issued. [Ord. 353 § 5, 1993].

12.05.060 Opening streets – By franchise holder.

A. If the application for a permit as required in CMC 12.05.020 is legally entitled, under a franchise held by him, to use a part of the streets, alleys or other public grounds for the purpose desired, the city shall issue him a written permit. The city shall designate in the permit the part of the streets, alleys, or other public grounds to be used and the applicant shall strictly conform to the designation so made.

B. All water pipes and mains, gas pipes and mains and all other pipes and conduits which are laid underground shall be laid at a depth of not less than 30 inches below the city-established street grade or alley grade and not less than 30 inches below the ground level in utility easements. In case it becomes necessary, for the proper or necessary public use of any street, alley or other public ground of the city, that any pipes heretofore laid be removed or that any use made thereof by a public franchise holder be discontinued, the city shall give written notice to the franchise holder or to his assigns to remove the same within a reasonable time. In case of failure to comply with such requirement, the city may remove the same. [Ord. 353 § 6, 1993].

12.05.070 Opening unpaved streets – Deposit required.

Before issuing a permit for the excavation of an unpaved street, the city shall require the applicant to deposit a sum established by the city to be held for a period not to exceed one month from the date of completion as a guaranty that the street shall be permanently restored to its former condition. In no case shall the deposit be less than $150.00. The permit shall state the time the street may be disturbed and what precautions, if any, shall be observed by the permittee for the protection of the public while the street is disturbed. [Ord. 353 § 7, 1993].

12.05.080 Opening unpaved streets – Duty of permittees.

A person receiving a permit to excavate an unpaved street shall take all reasonable precautions to prevent injury to the public and to the city during the excavation, shall faithfully observe any direction in that regard made in the permit, and shall make the excavation promptly to restore the street to as good a condition as before he disturbed the same. [Ord. 353 § 8, 1993].

12.05.090 Opening unpaved streets – Refund of deposit.

At the expiration of one month, the permittee may apply to the city for a refund of the sum deposited as provided in CMC 12.05.070. The city shall thereupon examine the excavation covered by the permit in question and, if it shall find the excavation fully restored to its former condition and settled, it shall endorse its approval on the permit and, thereupon, the finance officer shall refund the deposit. [Ord. 353 § 9, 1993].

12.05.100 Opening paved streets – Restoration deposit.

When the city approves an application to cut through, dig through or tunnel under the pavement, or excavate or dig in a paved street or alley, a permit shall be issued only upon deposit of an amount of money which will be necessary to restore, repair and replace the pavement in the street to its former condition for a period of one year. In no case shall the deposit be less than $500.00. [Ord. 353 § 10, 1993].

12.05.110 Barriers.

Every person to whom a permit is issued shall, before proceeding with any work under the permit, erect a suitable barrier and guard on the site of the proposed project. The barrier shall be kept and maintained upon the site until the project is fully restored to a safe and usable condition. However, provisions must be made for emergency vehicular access at all times. [Ord. 353 § 11, 1993].

12.05.120 Restoration.

In proceeding to cut a pavement or dig up or excavate a street, the holder of the permit shall do the work in the manner specified in the application for the permit and as required by the city. He shall replace the earth underneath the pavement, and compact and restore the same to as near its former condition as possible according to the specifications of the city. If the city public works director after inspection finds that repairs do not conform to the city specifications, the city public works director may do such work himself and shall file with the finance officer a statement of financial cost of such repair, restoration and replacement. If the city repairs the pavement, thereupon the finance officer shall, from the deposit so made by the applicant for the permit, pay the amount of the costs of such inspection, repair and restoration as called for in the statement of the public works director, and the balance of such deposit shall be returned to the person procuring such permit in the manner provided by law for the payment of claims against the city. [Ord. 353 § 12, 1993].

12.05.130 Excavation in streets, alleys, sidewalks, and driveway approaches.

A. When it is necessary to open a concrete pavement, sidewalk or asphalt pavement with concrete base within the boundary of the streets or alleys, the boundary of the area to be removed shall be cut with a concrete saw to a minimum depth of three inches. If the concrete is more than six inches in depth, the saw cut shall extend not less than one-half the thickness of the concrete.

B. No opening in the pavement shall be made which comes closer than three feet to the face of the curb or two feet from a full joint.

C. All ditches or similar excavations in the streets shall be backfilled in layers not to exceed six inches and each layer mechanically compacted or backfilled with bar run gravel. [Ord. 353 § 13, 1993].

12.05.140 Building construction – Sidewalk permit required.

A. Concurrent with the issuance of a building permit for the construction of a dwelling or business structure or an addition to a dwelling or business structure, the person to whom the building permit is issued shall obtain a sidewalk construction permit for the construction of a sidewalk within the dedicated right-of-way for the full frontage in which sidewalk in good repair does not exist. The sidewalk construction shall be completed within the building construction period or within one year after the sidewalk permit is issued, whichever is the lesser.

B. The city may issue a permit and certificate allowing noncompliance with the provisions of subsection (A) of this section to the owner, builder or contractor when the construction of a sidewalk is impractical for one or more of the following reasons, providing the owner will sign a local improvement agreement:

1. Sidewalk grades have not and cannot be established for the property in question within a reasonable period of time.

2. Future installation of public utilities or street paving would of necessity cause severe damage to existing sidewalks.

3. Right-of-way width is insufficient to accommodate a sidewalk on one or both sides of the street.

4. Topography or contours make the construction of a sidewalk impractical.

5. The noncompliance provided in subsections (B)(1) and (2) of this section shall be temporary and shall cease to exist when grades are established for sidewalks by the city or when public utilities or street paving have been constructed. The permit shall indicate the reason for its issuance.

C. If the owner, builder or contractor considers the construction of a sidewalk impractical for any reason other than those listed in subsection (B) of this section, the planning commission shall recommend to the council whether a permit and certificate of noncompliance shall or shall not be granted, and the council may grant a permit and certificate of noncompliance or require a temporary paved sidewalk surface.

D. If a sidewalk is not constructed within the time required by this section, then the city may construct it for the full street frontage in front of the property and proceed with the construction, assessment and collection of costs as provided by ordinance. [Ord. 353 § 14, 1993].

12.05.150 Storage of materials in streets during sidewalk construction.

Whenever the city shall issue a permit to build or repair a sidewalk in the city, the city shall include in the permit permission to use the street abutting the sidewalk for the purpose of storing material used in the repair and building of the sidewalk for which the permit is issued. In no event shall more than one-fourth of the street width from curb to curb be used for the purpose of storing material used in the construction or repair of a sidewalk. No person shall store in the streets material to be used in the construction or repair of sidewalks without first obtaining the permit. However, provisions must be made for emergency vehicular access at all times. Upon violation of this section, the permit may be revoked and all material removed from the street. [Ord. 353 § 15, 1993].

12.05.160 Curbs – Requirements.

All curbs shall conform to the official street grades and be built and constructed to city specifications. [Ord. 353 § 16, 1993].

12.05.170 Driveways – Curb cut for approaches.

A. A permit shall be required for each request for a curb cut or cuts.

B. Driveways within the public right-of-way shall not exceed the following maximum widths unless otherwise directed:

Frontage	One Driveway	Two Driveways
Frontage	Maximum Driveway Width	Maximum Driveway Width
Up to 50 feet	25 feet	Not permitted
50 to 75 feet	25 feet	20 feet each
75 to 100 feet	30 feet	25 feet each
Over 100 feet	Additional frontage over 100 feet will be subject to frontage as stated above

C. All driveways shall be separated by 20 feet of straight curb between each driveway providing access to a parcel or parcels of land under common ownership or occupancy unless otherwise directed.

D. No driveways shall be built within 15 feet of the end of any curb return unless otherwise directed.

E. All driveways and sidewalk sections through driveways shall have a nominal thickness of six inches of concrete.

F. Rolled sections between full curb height and driveway shall be three feet minimum. No driveways shall be built closer than three feet to any property line unless otherwise directed.

G. Expansion joints shall be required only when new concrete structures are constructed abutting existing concrete structures.

H. In no event shall the curb cut extend beyond the property line or rights of the owner requesting the curb cut, except in those cases where:

1. The adjacent property owner gives written approval; or

2. In the opinion of the city such a decision is necessary for safe ingress and egress for the traveling public.

I. Where a curb cut is requested, the curb shall not be removed by breaking the curb with a sledge or other device which may cause damage to the remaining structure without cutting the curb to a depth of not less than two inches deep. [Ord. 353 § 17, 1993].

12.05.180 Driveways – Existing driveways.

All driveway approaches deemed reconstructed by the owners of the property served shall conform to the provisions of this chapter on or before three months after notice is given. Should the change not be made within the above-mentioned time, the street adjacent to the approaches shall be appropriately marked for parking by the city so as to conform to the provisions of this chapter regulating the length and number of approaches. In reconstructing and remodeling the driveway approaches to conform to the provisions of this chapter, curbs shall be replaced in accordance with city specifications. [Ord. 353 § 18, 1993].

12.05.190 Driveways – General construction requirement.

A. All driveway approaches between the curb line and the back edge of the sidewalk shall be constructed of Portland cement concrete. The concrete of the driveway approach, including the sidewalk section, shall be constructed in accordance with city specifications.

B. The sidewalk section of the driveway approach shall be finished and scored as specified by the city for typical sidewalk construction.

C. Driveway approaches shall be constructed in accordance with the standard plans for driveway approaches as filed with the city, a copy of which shall be furnished the applicant at the time the application is filed. [Ord. 353 § 19, 1993].

12.05.200 Driveways – 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 curb line of the apron to the opposite alley line, shall not exceed 40 feet. [Ord. 353 § 20, 1993].

12.05.210 Driveways – Areas of limited street improvements.

A. Where standard gutters and curbs have not been installed, the width of driveway approach shall be measured along the property line and shall comply with the same requirements as specified in CMC 12.05.170 for curb cuts. Permits shall not be issued for a 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 city, 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.

B. Where standard curbs and gutters have not been installed, the applicant shall pave the driveway approaches or other area within the right-of-way with asphaltic concrete or other material approved by the city so that it merges with the street pavement; the paving shall be adequate and suitable for the traffic to be carried as determined by the city. The extended paving between the property line and the street pavement shall be to the established grade or other slope fixed by the city to provide for proper runoff. The paving between the property line and the street pavement may be wider than the driveway approach at the property line 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 city may require the applicant to construct a suitable traffic island or curb to provide for the protection of such municipal facilities as may be necessary. [Ord. 353 § 21, 1993].

12.05.220 Driveways – Use of public property.

City street rights-of-way may not be used for private commercial purposes except under provision of a revocable permit. 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. 353 § 22, 1993].

12.05.230 Construction in public right-of-way.

The city council only is authorized to permit special sidewalk surfaces over and above those allowed in the standard specifications for paving; provided, however:

A. The surfacing has been approved by the city staff from the standpoint of nonskid requirements.

B. Blocks, bricks, and other sidewalk materials are imbedded to prevent rocking or differential settlement.

C. The surfacing will be maintained by and at the expense of the abutting property owner. [Ord. 353 § 23, 1993].

12.05.240 Interfering with water or sewer mains or pipes.

No person shall attach to or detach from any water or sewer main or service pipe or other connection through which water or sewer facilities are supplied by the city to the consumers of the city or interfere in any manner with such pipes or connections, without having first obtained a permit from the city and without having paid the required fees and deposits. [Ord. 353 § 24, 1993].

12.05.250 Improvements.

After the effective date of the ordinance codified in this section, any person or company constructing a building within the city shall provide curbs, gutters, sidewalks and storm sewers where required.

These improvements shall conform to city specifications and their location shall be approved by the city engineer.

The city will pay for any additional asphalt from existing paved street to newly installed gutter, and the city has the right to require three bids on such improvements, lowest bid to be accepted. [Unnumbered ordinance dated 4/11/1977; Ord. 197, 1975].

12.05.260 Penalties.

Any person, firm or corporation who shall violate, fail, neglect or refuse to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $200.00 and each day during which any violation hereof shall continue and persist after due notice thereof shall constitute a separate and distinct violation of this chapter. [Ord. 353 § 25, 1993].