Chapter 12.04
CONSTRUCTION STANDARDS

Sections:

Article I. Sidewalk Construction and Repair Regulations

12.04.010    Sidewalk prohibitions.

12.04.020    Owners to maintain sidewalks.

12.04.030    Sidewalk specifications.

12.04.040    Permit for sidewalk work.

12.04.050    Inspection and notice of defective sidewalks.

12.04.060    Reporting defective sidewalks.

12.04.070    Notice of hearing to determine whether city should repair sidewalk.

12.04.080    Repair of sidewalk by city and assessment of costs.

12.04.090    Notice of sidewalk repair.

12.04.095    Sidewalk/pathway development.

Article II. Work by Private Persons

12.04.100    Permit required for work on streets, etc.

12.04.110    Application for permit.

12.04.120    Approval of application by city administrator.

12.04.130    Revocation of permit – Right of appeal.

12.04.140    Nonapplicability to city.

Article III. Driveway Construction and Maintenance

12.04.150    Definitions.

12.04.160    Permit required – Driveway across sidewalk.

12.04.170    Application for permit to city administrator.

12.04.180    Issuance of permit by city administrator – Right of appeal upon refusal.

12.04.190    Permit fee.

12.04.200    Revocation of permit.

12.04.210    Construction specifications – Authorization to city administrator to establish standards.

12.04.220    Authority to grant permit as exception to standards established by city administrator.

Article IV. Driveway on Unpaved Street

12.04.230    Paved driveway on unpaved street.

12.04.240    Notice of proposed sidewalk grade.

Article V. Culverts

12.04.250    Laying of culverts.

12.04.260    Charges for culvert installation.

Article VI. General Provisions

12.04.270    Wheelchair ramps.

12.04.280    Manner of excavating.

12.04.290    Restoration of surface.

12.04.300    Repealed.

12.04.310    Protective measure in routing of traffic.

12.04.320    Protection of traffic.

12.04.330    Care of the excavated material.

12.04.340    Cleanup.

12.04.350    Prompt completion of work.

12.04.360    Noise, dust and debris.

12.04.370    Preservation of monuments.

12.04.380    Repealed.

12.04.390    Penalties.

Article VII. Street, Road, Utility Trench Construction

12.04.400    Adoption of standard specifications.

12.04.410    Permits and inspection.

12.04.420    Permit fee.

12.04.430    Plans preparation.

12.04.440    Plan approval.

12.04.450    Inspection.

12.04.460    Certification prior to acceptance.

12.04.470    Enforcement.

12.04.480    Violation – Penalty.

Article I. Sidewalk Construction and Repair Regulations

12.04.010 Sidewalk prohibitions.

No person shall:

A. Permit the maintenance of a public sidewalk abutting his property to be in or become an unsafe or hazardous condition for public use.

B. Construct, repair or cause to be constructed or repaired a sidewalk in the city contrary to the provisions of this chapter.

C. Refuse to construct or reconstruct a sidewalk abutting property owned by him when ordered to do so by the council and when notified as provided by this chapter. [Ord. 2-36 § 1, 1975].

12.04.020 Owners to maintain sidewalks.

The owners of property within the city shall maintain all sidewalks abutting upon their property in good condition and safe for use by the public. [Ord. 2-36 § 2, 1975].

12.04.030 Sidewalk specifications.

Sidewalks shall be constructed or repaired in accordance with the following specifications:

A. Concrete. Sidewalks shall be of concrete with a compressive strength of not less than 3,000 pounds per square inch, using not less than five sacks of cement per cubic yard of concrete, and without an excessive amount of water. In cold weather, calcium chloride may be added by dissolving in the mixing water an amount not exceeding two percent of the weight of the cement in the concrete mix.

B. Subgrade. The subgrade shall be thoroughly compacted before placing the concrete. Any soft spots shall be removed and replaced with sand or rock.

C. Size and Location. Except as may be otherwise ordered by the council, the size and location of concrete sidewalks shall be as follows: a sidewalk shall be three and one-half inches thick, except where a sidewalk crosses a driveway it shall be six inches thick. A sidewalk shall slope a minimum of one-quarter inch per foot or a maximum of one-half inch per foot toward the curb. The edge of the sidewalk nearest the curb shall be at an elevation equal to the rate of one-quarter inch per foot above the curb and the sidewalk shall abut the street line, but if there are existing sidewalks upon the same side of the street in the same block, then the sidewalk shall be constructed to conform to the line of the existing sidewalks. Sidewalks shall be a minimum of five feet in width except in the business district of the city where sidewalks shall extend from the property line to the curb except as approved by the city council.

D. Finishing. After concrete is placed in the forms it shall be thoroughly tamped and spaded along the side forms. A surplus of mortar shall be provided ahead of the tamping rod at all times. After rodding, the concrete shall be rodded by hand with a wood float. As soon as the surface has set sufficiently, it shall be troweled smooth with a steel trowel, followed by a very light brooming in a transverse direction. Sidewalks in the central business district shall be completed in accordance with specific standards to be established for the district. Upon application, the council may permit other finishes.

E. Markings. The surface shall be marked by V-shaped grooves one-quarter inch in depth with a suitable jointing tool and shall be done in a workmanlike manner. The transverse grooves shall be at five-foot intervals at right angles to the walk. All edges shall be edged to a radius of one-quarter inch.

F. Expansion Joints. At sidewalk intersections and at 50-foot intervals, an expansion joint shall be placed consisting of a strip of expansion joint material three-eighths inch in thickness for the full depth and width of the concrete, or such other expansion joint material as approved by the city engineer. There shall be a three-eighths inch expansion joint placed between the back of the curb and the sidewalk in locations where the new sidewalk covers the entire area between the curb and an existing structure.

G. Curing. The concrete shall be cured either by wetting with a fine spray of water or covering with damp burlap or sawdust, or by a curing membrane applied according to the manufacturer’s specification.

H. Minor Sidewalk Repairs. Minor repairs in existing sidewalks such as small holes, broken and raised areas may, in lieu of the other requirements of this section, be made in a good and workmanlike manner, with the use of:

1. Plant mix asphaltic concrete, hot or cold, manufactured with maximum size aggregate of one-quarter inch size with smaller sizes of proper gradient to provide maximum stability with an asphalt content of approximately eight percent; or

2. Other materials of like utility approved by the city engineer. [Ord. 2-36 § 3, 1975].

12.04.040 Permit for sidewalk work.

A person, before commencing the construction, reconstruction or repair of a sidewalk, shall apply to the city administrator for a permit and if the proposed sidewalk conforms to the provisions of EPMC 12.04.030, the city administrator shall establish the grade of the sidewalk, if it is not already established, and issue the permit upon payment of a permit fee as follows:

A. Construction. $6.00 for the first 100 lineal feet and $0.05 per lineal foot for every lineal foot in excess of 100 feet.

B. Reconstruction or Repairs. No fee for the first 50 lineal feet and $0.05 per lineal foot for every lineal foot in excess of 50 feet.

C. The council may establish new rates by resolution. [Ord. 2000-15 § 2; Ord. 2-36 § 4, 1975].

12.04.050 Inspection and notice of defective sidewalks.

A. The city administrator may at any time cause the sidewalks to be inspected to determine if the sidewalks are in disrepair or unsafe or hazardous for public use.

B. Upon notice or discovery of a condition referred to in subsection A of this section, the city administrator shall cause service of a notice of violation of EPMC 12.04.020 through 12.04.040 to be had on the owners of the real property abutting upon the sidewalk, specifying the defects or conditions of the sidewalk which cause it to be in disrepair or make it unsafe or hazardous for public use.

C. If the property is occupied, notice of violation specified in subsection B of this section shall be given to the owners of the abutting property by delivering a copy of the notice to any person in possession, and by posting a copy of the notice in a conspicuous place in the public street adjacent to the sidewalk. The abutting property served with the notice may be described by street number or by legal description. [Ord. 2-36 § 5, 1975].

12.04.060 Reporting defective sidewalks.

The city administrator shall report to the council at the next following regular meeting all sidewalks in disrepair or in unsafe or hazardous condition where the condition has not been remedied within 10 days after notice of the defect or condition has been given to the owners of the property abutting thereon, the location of the property, and a statement of the defects or other conditions which cause the sidewalk to be in disrepair or unsafe or hazardous for public use. [Ord. 2-36 § 6, 1975].

12.04.070 Notice of hearing to determine whether city should repair sidewalk.

A. The council, if it determines from the report of the city administrator required by EPMC 12.04.060 that a sidewalk is in disrepair or in an unsafe or hazardous condition for the public use, may, by resolution, provide for notice to be given the owner of property abutting the sidewalk to show cause at a regular meeting of the council why the sidewalk should not be repaired or placed in a safe condition for the public use by the city and the cost thereof assessed to the property abutting the sidewalk.

B. Notice of the hearing shall be given by mail to the property owners affected. The notice shall be mailed not less than 15 days prior to the day of the hearing. The notice shall also be published in one issue of a newspaper of general circulation in the city not less than 10 days prior to the day of the hearing.

C. The notice of the hearing required under subsection A of this section shall contain a description of the real property abutting the defective sidewalks, the names of the owners of the real property, the time and place of the hearing, the matter to be determined at the hearing, the resolution authorizing the hearing, and the signature of the city recorder. [Ord. 2-36 § 7, 1975].

12.04.080 Repair of sidewalk by city and assessment of costs.

After the hearing authorized by EPMC 12.04.070, the council, if it finds the sidewalks specified in the notice and resolution are unsafe or hazardous for public use, may, by ordinance, provide for the repair of the sidewalk and may assess the costs of the city in repairing such sidewalk, including engineering and advertising costs, to the property abutting the sidewalks. An assessment so made constitutes an assessment lien of the city upon the abutting property and shall be entered by the city recorder in the docket of city liens. The lien shall bear interest at the rate of six percent per year until paid and shall be payable and collected in the manner provided by law. [Ord. 2-36 § 8, 1975].

12.04.090 Notice of sidewalk repair.

A. When the council by ordinance requires the repair of a sidewalk, the city administrator shall immediately notify the owners of the property abutting the sidewalk ordered repaired with the costs thereof to be assessed to the owner’s property, by giving written notice in substantially the following form:

NOTICE TO REPAIR SIDEWALK

To the owners of the following described property within the City of Eagle Point, Oregon:

(description)

You are hereby notified that by Ordinance No. _____ of the City of Eagle Point a sidewalk has been ordered repaired on the ______ side of _________ street adjacent to the above-described property in accordance with the provisions set forth in Sections 12.04.030 to 12.04.080 of the City of Eagle Point code and the costs thereof are to be assessed to such property.

By Order of the Council:

_________________________

City Administrator

By ______________________

B. The notice authorized by subsection A of this section shall be mailed to the owner of the property described in the notice and a copy of the notice shall be posted in a conspicuous place in the street nearby or adjacent to the location of the sidewalk.

C. The city administrator shall, at the next regular meeting of the council following the expiration of 60 days after the notice of subsection A of this section is given, cause a report to be made to the council setting forth all sidewalks repaired pursuant thereto and all sidewalks ordered repaired by the council and not repaired by the city. [Ord. 2-36 § 9, 1975].

12.04.095 Sidewalk/pathway development.

A. Throughout the city of Eagle Point, in such cases where a subdivision, commercial or industrial development, or phase thereof, has received final plat approval, and 80 percent of such development, or phase thereof, has been developed with homes, or businesses, and city standard sidewalks, any lot remaining vacant and/or undeveloped, and without installation of a sidewalk system, for a period of one year from the date of final project approval shall be subject to the requirement that the legal owner of such property (as recorded in the records of Jackson County) shall secure a permit for, and construct, a city standard sidewalk for the length of such property’s frontage abutting any dedicated city right-of-way.

B. Exceptions. In cases where any development was, or may be, approved without a standard curb, gutter, drainage system and sidewalk design, the provisions of subsection A of this section are excepted.

C. Enforcement. Following 60 days from the date of the issuance of a notice of a violation, the city shall have the right to construct, or have constructed, by authorized representatives, any sidewalk section required to meet the terms and intent of this section. The cost of such construction shall be levied as a lien upon the subject property. [Ord. 2004-06 §§ 1 – 3].

Article II. Work by Private Persons

12.04.100 Permit required for work on streets, etc.

Except as otherwise permitted within the city limits, no person shall oil, grade, surface, repair, reconstruct, or do any work upon a public sidewalk, street, alley, or curbing, or make excavations or tunnels in a street, alley or sidewalk unless a permit has been issued for the work by the city administrator and is then in effect. [Ord. 2-36 § 10, 1975].

12.04.110 Application for permit.

A person applying for a permit to do work under EPMC 12.04.100 shall make written application to the city administrator stating the name of the applicant, the person doing the work, the time when the work will be completed, and the location, specific nature, and material to be used in the work. [Ord. 2-36 § 11, 1975].

12.04.120 Approval of application by city administrator.

A. If the city administrator finds the work for which a permit is applied under EPMC 12.04.100 and 12.04.110 does not constitute a hazard to persons or property and does not interfere with maintenance or contemplated improvement work of the city or with the public convenience, and the nature of the work and the materials to be used in connection with the work are appropriate for the purposes thereof, he or she shall issue the permit.

B. The permit shall contain the conditions the city administrator decides are appropriate and proper for the public safety and convenience or as may be in effect or adopted by the city and the time within which the work must be done, the nature of the work, and the materials to be used in connection with such work. The permit shall have endorsed on it the following:

This permit is permissive only, and the work to be done shall be at the sole cost and expense of the permittee. The City is under no obligation to maintain work or make repairs thereto and the City may, at any time, interfere with the work done under this permit when it is necessary for the public convenience or if in connection with the City’s maintenance, repair, and construction of streets, alleys and sidewalks. Upon assessment, the permittee or permittee’s property shall not be credited with any part of the cost of work done hereunder.

[Ord. 2-36 § 12, 1975].

12.04.130 Revocation of permit – Right of appeal.

A. The city administrator may revoke a permit issued by him under EPMC 12.04.120 at any time for noncompliance with the provisions of the permit or in the event of any error or mistake made in the issuance thereof.

B. If the city administrator refuses to issue a permit under EPMC 12.04.120 for the work or revokes the permit, the applicant may appeal to the council.

C. Any person found guilty of violating the provisions of this article shall be subject to any/all applicable penalties as specified in Chapter 1.20 EPMC. [Ord. 2000-15 § 2; Ord. 2-36 § 13, 1975].

12.04.140 Nonapplicability to city.

EPMC 12.04.100 through 12.04.130 do not apply to work done by or at the direction of the city or under contract with the city or work done under a permit granted under any other provisions of the ordinances of the city. [Ord. 2-36 § 14, 1975].

Article III. Driveway Construction and Maintenance

12.04.150 Definitions.

As used in EPMC 12.04.160 through 12.04.260, unless the context requires otherwise, the following words and phrases shall mean:

“Culvert” means the drainage pipe under the driveway of an unpaved street, or a drainage pipe within and along the roadway of an unpaved street.

“Driveway” means that portion of the street providing access to private property from the edge of the roadway or traveled portion of the street to the property line. The term shall also include any public way constructed on private property for the purpose of providing motor vehicle access to a public street from the property.

“Paved street” means any street within the city other than an unpaved street. [Ord. 2-36 § 15, 1975].

12.04.160 Permit required – Driveway across sidewalk.

No person shall construct or maintain a driveway across a public sidewalk, parkway, or street without first obtaining a permit; nor construct or maintain a driveway for which a permit is required contrary to the provisions of EPMC 12.04.150 through 12.04.240. [Ord. 2-36 § 16, 1975].

12.04.170 Application for permit to city administrator.

The city administrator shall receive applications for the permit required in EPMC 12.04.160 which shall state the location, grade, and dimensions of the proposed driveway and the purpose for which it is desired, together with a sketch showing the full frontage of the property, existing driveways, requested driveways and the location of the nearest driveway on either side of the property. [Ord. 2-36 § 17, 1975].

12.04.180 Issuance of permit by city administrator – Right of appeal upon refusal.

A. Upon receipt of an application for permit to construct or maintain a driveway in accordance with EPMC 12.04.160 and 12.04.170 and upon payment to the city administrator of the permit fee required by EPMC 12.04.190, and if the city administrator finds that the driveway will not be an unreasonable hazard to the people of the city, he shall issue a permit therefor.

B. If the city administrator refuses to issue the driveway permit, the applicant may appeal to the council within 30 days after the refusal. [Ord. 2-36 § 18, 1975].

12.04.190 Permit fee.

The permit fee for each driveway shall be the sum of $6.00. The council may establish new rates by resolution. [Ord. 2000-15 § 2; Ord. 2-36 § 19, 1975].

12.04.200 Revocation of permit.

A permit for construction and maintenance of a driveway may be revoked by the council if:

A. The driveway is not maintained in a safe condition; or

B. The council finds the maintenance of a driveway is an unreasonable hazard to the public safety or detrimental to the public welfare; or

C. The driveway is constructed contrary to the provisions of EPMC 12.04.210 through 12.04.240. [Ord. 2-36 § 20, 1975].

12.04.210 Construction specifications – Authorization to city administrator to establish standards.

Driveways and sidewalks used as a part thereof shall be of a design and constructed in accordance with plans and specifications on file in the office of the city administrator. The city administrator is authorized to establish and amend such plans and specifications at any time by administrative order; provided, that such plans and specifications, or amendments to it, shall be promulgated by all relevant considerations of safety to the traveling and pedestrian public and by all relevant considerations of permitting the greatest use and enjoyment to the owners of adjacent property consistent with considerations of safety to the traveling and pedestrian public. [Ord. 2-36 § 21, 1975].

12.04.220 Authority to grant permit as exception to standards established by city administrator.

The city administrator is authorized to grant a permit where the plans and specifications do not conform to the standards established by the city administrator where such driveway, if established, would not, in the opinion of the city administrator, create unreasonable hazards to the traveling and pedestrian public. [Ord. 2-36 § 22, 1975].

Article IV. Driveway on Unpaved Street

12.04.230 Paved driveway on unpaved street.

Subject to the provisions of EPMC 12.04.240, a paved driveway constructed on private property to give access to the property from an unpaved street shall conform to the proposed sidewalk grade along the street as established by the city. [Ord. 2-36 § 23, 1975].

12.04.240 Notice of proposed sidewalk grade.

At the time of issuing a building permit required by the building code provisions of the city, the official issuing the permit shall indicate on such permit, or on the plans submitted therefor, the proposed sidewalk grade on an unpaved street abutting the premises for which the permit is issued. The city administrator, upon the request of a person owning or planning to construct a paved driveway on property abutting an unpaved street, shall advise the person in writing of the grade of the proposed sidewalk where it abuts the street property. If at the time the permit is requested no sidewalk grade has been established, then within 30 days after such time the city shall establish the grade. If the grade is not established within this period, then the person may construct the driveway without regard to the sidewalk grade; except, that the city is not obligated to establish any future grade of the sidewalk to conform to the driveway. [Ord. 2-36 § 24, 1975].

Article V. Culverts

12.04.250 Laying of culverts.

The right to lay culverts under driveways or along property frontages within the street area of an unpaved street is expressly reserved to the city. A person desiring the installation of this type of culvert shall make application to the city requesting the city to install such culvert, stating the length, location and purpose of the culvert. The applicant shall deposit with the recorder-treasurer the fee to cover the cost of construction, computed under EPMC 12.04.260. The authorized official of the department of public works shall execute a work order specifying the length, width, location and position of the culvert and containing the other specifications with regard to it as are necessary for the construction of a culvert adequate to convey the surface water, with due regard to the preservation of the street and the protection of property abutting the street in the near vicinity. The city shall proceed to construct the culvert pursuant to the work order. [Ord. 2-36 § 25, 1975].

12.04.260 Charges for culvert installation.

The fee which is referred to in EPMC 12.04.250, which includes the costs of culvert pipe, rock over the pipe, backfill and labor incurred by the city in the installation of such culvert, shall be computed on the basis of $5.00 per lineal foot of culvert. The council may establish new rates by resolution. [Ord. 2000-15 § 2; Ord. 2-36 § 26, 1975].

Article VI. General Provisions

12.04.270 Wheelchair ramps.

All curbs and sidewalks at corners and intersections of streets shall be designed to provide wheelchair ramps according to standards determined by the city engineer to be in compliance with state standards and specifications. [Ord. 2-36 § 27, 1975].

12.04.280 Manner of excavating.

It shall be unlawful to make any excavation or tunnel in any way contrary to or in variance with the terms of permit therefor. No injury shall be done to any pipes, cables or conduits in the making of such excavations or tunnels, and notice shall be given to the persons maintaining any such pipes, cables or conduits to the city, utility or person charged with the care of such pipes, cables or conduits, which are or may be endangered or affected by the making of any such excavation or tunnel before such pipes, cables or conduits shall be disturbed. No unnecessary damage or injury shall be done to any trees or shrubs or the roots of such trees or shrubs. [Ord. 2-36 § 28, 1975].

12.04.290 Restoration of surface.

Any person, firm or corporation making any excavation or tunnel in or to any public street, alley or other public place in the city shall restore the surface to its original condition if there is no pavement there. Refills shall be properly tamped down, and any bracing in such tunnel or excavation shall be leveled in the ground. Any opening in a paved or improved portion of a street shall be repaired and the surface relaid by the permittee in compliance with the ordinances of the city and under the supervision of the city administrator. [Ord. 2-36 § 29, 1975].

12.04.300 Supervision.

Repealed by Ord. 2001-11. [Ord. 2-39 § 10, 1976; Ord. 2-36 § 30, 1975].

12.04.310 Protective measure in routing of traffic.

It shall be the duty of every person cutting or making an excavation in or upon any public place to place and maintain barriers and warning devices necessary for the safety of the general public. Such barriers, warning signs, lights, etc., shall conform to the requirements determined by the city administrator. The permittee shall take appropriate measures to assure that during the performance of excavation work traffic conditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street, and cones or other approved devices shall be placed to channel traffic in accordance with the instructions of the city administrator. [Ord. 2-36 § 31, 1975].

12.04.320 Protection of traffic.

The permittee shall maintain safe crossings for two lanes of vehicle traffic at all street intersections where possible and safe crossings for pedestrians at intervals of not more than 300 feet. If any excavation is made across any public street, alley or sidewalk, adequate crossing shall be maintained for vehicles and for pedestrians. If the street is not wide enough to hold the excavation material without using part of the adjacent sidewalk, a passage way at least one-half of the sidewalk width shall be maintained along such sidewalk line. [Ord. 2-36 § 32, 1975].

12.04.330 Care of the excavated material.

All material excavated from any street, alley or sidewalk and piled adjacent to the excavation shall be piled and maintained in such manner as not to endanger those working in the area of excavation, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using such streets, alleys, sidewalks and adjoining property. Where the confines of the area being excavated are too narrow to permit the piling of excavating material adjacent to the excavation, the city administrator shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the excavation site at the time of backfilling. It shall be the permittee’s responsibility to secure the necessary permission and make all necessary arrangements for any required storage and disposal sites. [Ord. 2-36 § 33, 1975].

12.04.340 Cleanup.

As the excavation work progresses, all streets, alleys and sidewalks shall be thoroughly cleaned of all rubbish, excessive earth, rock and other debris resulting from such work at the expense of the permittee and to the satisfaction of the city administrator. From time to time, as may be directed by the city administrator, and, in any event, immediately upon completion of such work, the permittee shall at his own expense clean up and remove all refuse and unused materials of any kind resulting from such work, and upon failure to do so within 24 hours after having been notified to do so by the city administrator, such work may be done by the city and the cost of such work charged to the permittee. [Ord. 2-36 § 34, 1975].

12.04.350 Prompt completion of work.

After an excavation is commenced, the permittee shall prosecute with diligence all excavation work covered by the excavation permit and shall promptly complete such work and restore the street, alley or sidewalk to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. [Ord. 2-36 § 35, 1975].

12.04.360 Noise, dust and debris.

Each permittee shall conduct and carry out excavation work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property because of noise, dust and debris. [Ord. 2-36 § 36, 1975].

12.04.370 Preservation of monuments.

Any monument set for the purpose of locating or surveying the lines of any street or property subdivision, or a precise survey reference point, or a permanent survey benchmark within the city, shall not be removed or disturbed without first obtaining permission in writing from the city council to do so. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses incident to the proper replacement of this monument by the city. [Ord. 2-36 § 37, 1975].

12.04.380 Inspections.

Repealed by Ord. 2001-11. [Ord. 2-39 § 11, 1976; Ord. 2-36 § 38, 1975].

12.04.390 Penalties.

Any person found guilty of violating the provisions of this article shall be subject to any/all applicable penalties as specified in Chapter 1.20 EPMC. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. [Ord. 2000-15 § 2; Ord. 2-36 § 39, 1975].

Article VII. Street, Road, Utility Trench Construction

12.04.400 Adoption of standard specifications.

For the purpose of establishing criteria for public works construction and improvements, the city of Eagle Point adopts the “Eagle Point Standard Details” and “Standard Specifications for Public Works Construction” prepared by the Oregon Chapter of the American Public Works Association, being particularly the latest edition thereof, and the whole thereof, copies of which shall be maintained at all times in the office of the public works director, and shall be part of the records of such city and from the date of ordinance adoption shall be controlling in all public works construction and improvements under city jurisdiction within the corporate city limits. [Ord. 2005-24 § 1].

12.04.410 Permits and inspection.

All permits required by the aforementioned “Eagle Point Standard Details” and “Standard Specifications for Public Works Construction” shall be issued by the public works department. The public works director shall control the enforcement of all issues related to compliance with same, and shall maintain comprehensive records of all applications, permits, inspections and other official documentation as may be related to individual construction projects.

The city engineer shall make all inspections required under the provisions of such specifications, and shall maintain comprehensive records as may be related to same.

The city engineer and public works director shall also retain on file copies of all plans and other related documents relating to public works construction so long as any part of such construction shall remain in existence. All such records shall be open to public inspection for good and sufficient reason in the public works department of the city of Eagle Point, but shall not be removed from such office without the written consent of the city administrator. [Ord. 2005-24 § 2].

12.04.420 Permit fee.

No permit as required by the “Eagle Point Standard Details” and “Standard Specifications for Public Works Construction” shall be issued by the public works department until such time as the applicable fees have been paid. Nor shall any amendment/revision to a permit be approved until such time as any additional fees, as may be required, have been paid. [Ord. 2005-24 § 3].

12.04.430 Plans preparation.

All plans for construction of public works facilities shall be prepared by a professional engineer licensed in the state of Oregon. [Ord. 2005-24 § 4].

12.04.440 Plan approval.

All plans for the construction of public works facilities shall be approved by the city administrator, city engineer and public works director prior to construction. [Ord. 2005-24 § 5].

12.04.450 Inspection.

Each construction phase shall be inspected and approved by the city engineer before proceeding with any subsequent phases. The contractor for any public works project shall not cover any work requiring inspection until the same has been inspected and approved. If work should be covered prior to inspection, the contractor shall be required to remove such portions of the work as may be necessary to disclose the uninspected portion.

The contractor shall notify the city engineer at least 48 hours in advance of the need for a required inspection.

Required inspection of public works construction under city jurisdiction shall be as follows:

A. Administrative Policies and Procedures for Inspection of Street, Storm Drainage, Water Line Construction and Street Light and Other Underground Utilities.

1. Developers shall submit six sets of engineered plans to the city, which shall be distributed in the following manner:

# of sets

To:

Phone #

1

Rogue Valley Sewer Service

664-6300

2

Hardey Engineering

772-6880

1

Jackson County Fire District No. 3

826-7100

2

Public Works Department

826-4212

2. Engineered plans shall reflect:

a. Sanitary sewer;

b. Storm drainage and verification of floodplain status;

c. Applicable grading;

d. Water line(s) with hydrant locations;

e. Street improvements (including curb, gutter and sidewalks where required);

f. Proposed right-of-way work requiring city or Jackson County encroachment permit(s);

g. Street lights (approved by utility company);

h. Underground utilities; including power, phone, cable TV, gas (approved by utility companies);

i. Easements (required for access to site and utilities);

j. Other applicable improvements;

k. Note that all construction will comply with applicable standards;

l. Date of construction and completion;

m. Irrigation waterlines, canals or ditches.

3. Three days prior to commencement of construction, developer shall notify the city planning department.

B. Required Inspections.

1. Sanitary Sewer – Rogue Valley Sewer Service (664-6300).

2. Storm Drainage (772-6880). Note: subsections (B)(2)(a) through (c) of this section done together.

a. Grade stakes;

b. Trench excavation;

c. Four-inch minimum bedding material (prior to cover);

d. Pipe placement to approved alignment;

e. Six-inch minimum pipe cover;

f. Backfill compaction;

g. Catch basin and manhole construction/installation.

3. Water Lines (772-6880). Note: subsections (B)(3)(a) through (c) done together.

a. Alignment stakes;

b. Trench excavation;

c. Four-inch minimum bedding material (prior to cover);

d. Pipe placement to approved alignment;

e. Six-inch minimum pipe cover;

f. Backfill compaction;

g. Valve placements and hydrant stub outs;

h. Service line construction;

i. Applicable pressure testing;

j. Tracer wire;

k. Blow offs (where applicable);

l. Bacteria tests passed prior to system acceptance;

m. All mains pigged.

4. Irrigation Systems (772-6880).

a. Grade;

b. Inlet;

c. Manholes;

d. Cover material;

e. Backfill;

f. Compaction.

5. Streets (772-6880).

a. Survey stakes ensuring consistency with plans;

b. Correct subgrade elevation and compaction;

c. Base rock and sub-base placement/compaction;

d. Witness compaction test;

e. A/C paving placement;

f. Membrane in special locations;

g. Completed street/road.

6. Curb and Gutter.

a. Survey stakes ensuring consistency with plans;

b. Construction and protection from elements.

7. Sidewalks and Driveway Approaches (826-4212).

a. Grade;

b. Appropriate base material;

c. Rebar in approach;

d. Backfill.

8. Underground Utilities (1-800-332-2344 for “locates”).

a. Staking to ensure proper location, depth and conduits where required;

b. Installation;

c. Compacted trench backfill.

C. Inspections.

1. Developer shall call the city engineer for required inspections at least 24 hours in advance, and will inform the planning department that the inspection has been requested. (The department will maintain a record of inspection requests to verify monthly invoicing.)

2. Should developer fail to call for required inspections, the inspector has the authority to stop all construction until the appropriate standards have been met.

D. Billing Procedures.

1. The city engineer will submit a monthly bill to the city for all inspections. The bill will include job identification, date of inspection(s), mileage, time, service provided, hourly rate and total charge. Bills shall be for specified inspections requested by the city.1

2. Billings for engineering items other than inspections (plan review, administration, etc.) shall be billed by job identification, time, service provided, hourly rate and total charge.

The developer will be responsible for all engineering costs/inspections exceeding development fees paid at the time of initial planning application in accordance with EPMC 16.08.010. Developer shall also be responsible for providing all as-builts and maintenance bonding as may be required prior to city sign-off on the final plat.

The city engineer will notify the city, in writing, that all conditions have been met and the final plat may be approved.

The city engineer shall issue a certificate of completion within 30 days of developer providing all relevant documents, easements and as-builts. Copies of such certificate shall be provided to the developer and the city.

A copy of this administrative policy will be provided to each land use applicant when any related infrastructure construction is anticipated. [Ord. 2005-24 § 6].

12.04.460 Certification prior to acceptance.

Prior to city acceptance of any public works construction, the city engineer shall certify that such construction was performed in accordance with all approved plans and applicable standards in force at the time of construction. [Ord. 2005-24 § 7].

12.04.470 Enforcement.

The city engineer shall, from time to time, inspect or cause to be inspected all excavations and tunnels being made in or under any public right-of-way in the city to ensure that the provisions of this article are being followed. The permittee shall give the city appropriate notice, as required in EPMC 12.04.450, prior to refilling any such excavations or tunnels. [Ord. 2005-24 § 8].

12.04.480 Violation – Penalty.

Any person found guilty of violating the provisions of this article shall be subject to any/all applicable penalties as specified in Chapter 1.20 EPMC. [Ord. 2005-24 § 12].


1

In the event that a developer has failed to request a required inspection, or to meet required specifications, the city engineer shall notify the city, prior to conducting an unscheduled inspection. This situation will also be detailed on the invoice sent to the city by the engineer.