Chapter 12.18 PERMITS FOR WORK IN RIGHT-OF-WAY

Chapter 12.18
PERMITS FOR WORK IN RIGHT-OF-WAY¹

Sections:

12.18.010 Permits for work in right-of-way.

(1) General. No person shall do work of any type, store materials, or construct or install any facility under, on or above the surface of the ground within a public right-of-way except as provided in this section and, for utilities, MMC 13.40.000 to 13.40.038.

(2) Construction Codes. Facilities shall be constructed, installed, operated and maintained in accordance with all applicable Federal, State and local codes, rules and regulations, including the National Electrical Code and the National Electrical Safety Code.

(3) Permits Required. No person shall do work of any type, store materials, or construct or install any facility under, on or above the surface of the ground within the public right-of-way of the City without first obtaining a permit except as provided in subsection (5) of this section.

(4) Types of Right-of-Way Permits.

(a) A street opening permit will be required for work conducted within the traveled portion of the public right-of-way, including shoulders, and areas intended for parking.

(b) A sidewalk permit will be required for work involving a sidewalk in the public right-of-way.

(c) An approach permit (driveway in public right-of-way) will be required to make, install, provide maintain or repair a vehicular connection to a public right-of-way. An approach permit is specific to the property and precise frontage location for which it is issued and is not transferable to other property.

(d) A license to encroach will be required for permanent and semi-permanent facilities such as building overhangs and irrigation lines placed in the public right-of-way.

(e) An encroachment permit will be required for placing temporary facilities and storing materials in the public right-of-way or for work in the public right-of-way for which subsection (4)(a), (b), (c), or (d) of this section is not applicable.

(5) Exception to Permit Requirements.

(a) No permit is required for work solely in a public utility easement unless such work will impact traffic by closing or blocking a lane of travel or if lane width is reduced to a width of less than 10 feet.

(b) For work above the surface of the ground, a permit is required only for the installation of new facilities and the maintenance or repair of existing facilities, when the installation, maintenance or repair will impact traffic by closing or blocking a lane of travel or by reducing lane width to less than 10 feet.

(d) In case of an emergency, a person may commence work without first obtaining a permit if the person immediately notifies the City of such work and obtains a permit as soon as reasonably practical.

(6) Permit Applications. Applications for permits shall be submitted upon forms provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:

(a) The facilities will be constructed in accordance with all applicable codes, rules and regulations.

(b) That the facilities will be constructed in accordance with any license issued pursuant to this section.

(d) To the extent such information is available, the location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public right-of-way along the underground route proposed by the applicant.

(e) The horizontal and vertical location, size, type of materials and route of all new facilities on or in the public rights-of-way to be located by the applicant under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public rights-of-way. Existing facilities shall be differentiated on the plans from new construction.

(f) The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public rights-of-way, and description of any improvements that applicant proposes to temporarily or permanently remove or relocate.

(g) Traffic control in conformance with the Manual on Uniform Traffic Control Devices with Oregon Supplements, as amended.

(7) Applicant’s Verification. All permit applications shall be accompanied by the verification of a registered professional engineer, or other qualified and duly authorized representative of the applicant, that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.

(8) Construction Schedule. All permit applications shall be accompanied by a written construction schedule which shall include a proposed deadline for completion of construction. The construction schedule is subject to approval by the Manager. The City may coordinate construction with other permits to minimize public inconvenience, disruption or damage.

(9) Permit Processing Fee and Administration/Plan Review/Inspection Deposit.

(a) The application for a permit shall be accompanied by a permit processing fee and administration/plan review/inspection deposit in an amount set by council resolution. The applicant shall be charged the actual cost incurred by the City for administration, plan review and construction inspection. Such fees and charges shall be designed to defray the costs of City administration of requirements of this ordinance. The City may establish a separate fee and deposits for permits obtained by utilities licensed pursuant to MMC 13.40.000 to 13.40.038.

(b) Additional deposits may be required if the City determines expenses will exceed the deposit. Expenses exceeding the deposits will be billed to the applicant and paid before acceptance of the work pursuant to subsection (13) of this section. The unused portion of the deposit will be returned to the applicant following acceptance of the work. The Manager may establish a system allowing waiver of deposits and billing for permit processing fees and administration/plan review/inspection costs for applicants with multiple projects.

(10) Issuance of Permit.

(a) If satisfied that the application, plans and documents submitted comply with all requirements of this chapter, the City shall issue a permit authorizing construction of the facilities subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as the City may deem necessary or appropriate.

(b) The permit shall be issued within 10 business days of receipt of application, unless additional information is required by the City to issue the permit.

(c) If the applicant is in material violation of a permit previously issued pursuant to this section or MMC 13.40.000 to 13.40.038, or with any other permits or licenses issued to the applicant by the City, the City may elect to withhold the issuance of additional permits pursuant to this section until such time as the previous violations are resolved to the satisfaction of the City.

(d) No permit shall be issued for the construction or installation of utility facilities within a public right-of-way unless the utility has first applied for and received a license pursuant to MMC 13.40.000 to 13.40.038.

(e) No permit shall be issued if the facility will conflict with existing or previously planned facilities in the public right-of-way.

(f) No permit shall be issued to locate private water, stormwater, or wastewater facilities in the public right-of-way unless the applicant establishes it is in the public interest to do so.

(11) Display of Permit. The permit, or a legible copy thereof, issued pursuant to this section shall be kept at the construction site and made available for inspection at the request of the City. Failure to present the permit when requested shall be reason to issue a stop work order for work in the public right-of-way.

(12) Permit Term. A permit shall be valid for 90 days from the date issued. A permit may be revoked by mutual consent, by the Manager for failure of the applicant to abide by the terms and conditions of the permit or this chapter, by operation of the law, or in the case of a utility, at the time the utility to which the permit is issued ceases operation. If a person fails to complete installation of the facility covered by a permit, including restoration, within the period specified in the permit, said permit shall be deemed null and void and all privileges and fees thereunder forfeited, unless a written extension of time is obtained from the Manager.

(13) Acceptance. Upon completion of the work and before expiration of the permit, all work must be accepted by the City. The City will inspect the work within 10 business days of when the City is notified in writing that the work is complete. Unless otherwise provided in the special conditions, the permit shall authorize the facility to remain in the right-of-way for an indefinite period of time from the acceptance date.

(14) Violation. Failure of the applicant to comply with any of the terms and conditions of a permit or the standards of MMC 13.40.000 to 13.40.038 shall be sufficient cause for not accepting the work or for cancellation of the permit and may result in removal of the facility by the City at the applicant’s expense. Any stop work order issued pursuant to this section may apply to the right-of-way work, erosion control work, and/or work pursuant to a building permit to the extent authorized by the Building Official.

(15) A permit, the privileges granted therein and the obligations of the applicant created thereby shall be binding upon the successors and assigns of the applicant.

(16) Notwithstanding the provisions of this section, the permission of the City is not required to use a public street for driving or parking. (Ord. 1377 § 2, December 5, 2017.)

12.18.015 Qualification required.

No permit shall be issued pursuant to MMC 12.18.010 unless the person or contractor performing construction under or on the public right-of-way has met the standards of responsibility as provided by ORS 279C.375(3)(b). The Manager may waive the requirement if in the best interest of the City. If a person is found not to meet the requirement, the person may appeal as provided in ORS 279C.450. (Ord. 1377 § 2, December 5, 2017.)

Code reviser’s note: Ord. 1377 adds these provisions as Ch. 12.15. The chapter has been editorially renumbered to prevent duplication of numbering.