Chapter 12.08
ROAD EXCAVATIONS
Sections:
12.08.020 County roadmaster designated – Definition – Exceptions.
12.08.040 Notice not required in case of emergency.
12.08.050 Backfilling and resurfacing requirements.
12.08.055 Crossing under surface.
12.08.060 Excavations, county making repairs.
12.08.070 Liability for damage.
12.08.090 Duration of responsibility for work.
12.08.100 Irrigation crossings.
12.08.010 Notice required.
No person, firm or corporation nor any employee, agent or representative of any such person, firm or corporation shall dig a hole or holes or make an excavation or excavations in or upon any county road; change, alter or destroy the surface of any such county road; obstruct the reasonable use of pedestrian travel over and upon such road; or cause or attempt to cause any or all of the same to be done by any other person, firm or corporation employee, agent or representative whomsoever, without first having obtained a permit from the county roadmaster. (Ord. 81 § 1, 1993)
12.08.020 County roadmaster designated – Definition – Exceptions.
The roadmaster of the county of Crook is hereby named and designated as said duly appointed and authorized official as such official is named and referred to in CCC 12.08.010; and to such effect, the said county roadmaster is hereby delegated with full power and authority to act for the county court in the matter of such consent and permission.
As used in this chapter, the word “roads” means designated county roads within the county of Crook. As used in this chapter, the word “person” means any person, company, corporation or special district.
The provisions of this chapter shall not apply to the installation of utility poles and boxes, except in areas where the roads are surfaced. (Ord. 81 § 2, 1993)
12.08.030 Permit.
The permit referred to in CCC 12.08.010 can be obtained from the county roadmaster. (See Exhibit A attached to the ordinance codified in this chapter.) The county roadmaster can, within the limits of this chapter, from time to time modify the requirements listed in the permit. (See Exhibit A attached to the ordinance codified in this chapter.) Any person desiring to make a road cut shall complete this form and obtain approval from the county roadmaster prior to making any road cuts. The roadmaster shall either approve or deny the permit in writing. If the permit is approved, the roadmaster shall inspect the cut or excavation to determine whether the repairs were made according to Crook County standards and may require posting of an adequate performance and/or liability bond and proof of insurance. (Ord. 149 Amd. 1 § 5, 2006; Ord. 81 § 3, 1993)
12.08.040 Notice not required in case of emergency.
In the event of an emergency presenting a potential danger to public safety, no written notification need be given the county prior to correcting the situation occasioned by such emergency until the close of the business day after the emergency condition has been discovered. (Ord. 81 § 4, 1993)
12.08.050 Backfilling and resurfacing requirements.
All portions of the cut which lie within the road or other actual travelled portion of the road as designated by the county roadmaster shall be backfilled, tamped and asphalted as described in Exhibit B. The county roadmaster may, as needed, modify the requirements listed in Exhibit B.
On graveled and unsurfaced roads and on the shoulders of paved roads, the applicant shall place a minimum of 24 inches of compacted crushed rock having a gradation of three-fourths minus, which shall be rolled and/or tamped to the grade of the surrounding surfacing. All backfilling and resurfacing shall be inspected and approved by the county. The applicant shall pay to the county an inspection fee for each project covered by an application, as contemplated by this chapter.
Exhibit B
(Ord. 223 § 1, 2010; Ord. 149 Amd. 1 § 6, 2006; Ord. 81 § 5, 1993)
12.08.055 Crossing under surface.
Unless special permission is first obtained from the county roadmaster to open cut, pipeline or conduit which crosses under the surfaced portion of highway which has been overlaid with asphalt or concrete within the three years preceding the issuance of a permit, 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:
(1) 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 by the county roadmaster, whichever is greater.
(2) 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.
(3) 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 one-tenth foot shall be filled with sand or cement grout packed in place. (Ord. 223 § 2, 2010)
12.08.060 Excavations, county making repairs.
All cuts or excavations in the roads by any person shall be repaired according to the standards set out herein, and if such person shall fail to do so, after written notice by the county, the county may proceed to make such repairs or contract for such repairs and restore said road and charge the same to such person responsible for the restoration of the road, plus an additional 10 percent thereof to cover administrative cost. (Ord. 81 § 6, 1993)
12.08.070 Liability for damage.
The applicant shall inform himself as to the existence and location of all underground utilities, and protect the same against damage. The applicant shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewers, gas pipes, electric conduits or other utility facilities.
After an excavation is commenced, the applicant shall prosecute with diligence and expedition all excavation work covered by his application, and shall promptly complete such work and restore the road to its original condition, or as near as may be, so as not to obstruct the road or travel thereon more than is reasonably necessary. (Ord. 81 § 7, 1993)
12.08.080 Traffic.
The applicant shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions as near normal as practical shall be maintained at all times, so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. (Ord. 81 § 8, 1993)
12.08.090 Duration of responsibility for work.
For a period of 12 months following the completion of the work and restoration of a road, the person who opened the road shall be responsible for the condition of the fill and replacement and of the resurfacing. All necessary steps shall be taken to ensure that the road remains in good condition, without settlement, at the location of said work. Should the trench settle during this period, it is the responsibility of the applicant to bring the road back to proper grade. Acceptance or approval by the county of any excavation work and the replacement thereof and resurfacing, if any, shall not prevent the county from asserting a claim against the applicant for incomplete or defective work, if discovered within 12 months from the completion of the work. (Ord. 81 § 9, 1993)
12.08.100 Irrigation crossings.
All cost related to the replacement, repair or expansion of an irrigation pipe or culvert crossing a county road will be incurred by the irrigation district doing the installation or repair. Any person wishing to make such a repair or replacement which will require the cutting or excavation of a county road must obtain a permit as required in CCC 12.08.030 (see Exhibit A attached to the ordinance codified in this chapter) and must backfill and resurface the road as required in CCC 12.08.050 (see Exhibit B). (Ord. 81 § 10, 1993)
12.08.110 Penalty.
Violation of a provision of this chapter is punishable by a fine of not less than $25.00 nor more than $500.00. Jurisdiction shall be with circuit court, Crook County, state of Oregon. (Ord. 149 Amd. 1 § 7, 2006; Ord. 81 § 11, 1993)