Ordinance No. 02-22 CITY OF TIGARD, OREGON
ORDINANCE NO. 02-„2 2
AN ORDINANCE AMENDING CHAPTER 15.04, STREET AND ALLEY EXCAVATIONS, OF THE
TIGARD MUNICIPAL CODE.
WHEREAS,the City Council finds that Chapter 15.04 of the Tigard Municipal Code should be updated;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 15.04 is amended to read as follows:
Deleted language is shown by a stfikethfou of language; added language shown by an underline of
language.
Chapter 15.04 STREET n N ,ALLEY t EY EX n V n TI WORK IN RIGHT-OF-WAY
Sections:
15.04.010 Definitions.
15.04.020 Permit--Required.
15.04.030 Permit--Application.
15.04.040 Permit--Conditions.
15.04.050 Security.
15.04.060 Conduct of work.
15.04.070 Adherence to and exhibition of permits.
15.04.080 Driveway approaches and curb cuts.
15.04.090 Areas of limited street improvements.
15.04.100 Abandoned driveway approaches.
15.04.110 Sufficient parking required.
15.04.120 Unusual conditions.
15.04.130 Jurisdiction.
15.04.140 Inspection and acceptance_
15.04.150 Barricades and safety measures.
15.04.160 Liability for accidents.
15.04.170 Repairs_
15.04.180 Option to city to replace pavement.
15.04.190 Applicability to city work.
15.04.200 Violation--Penalty.
15.04.010 Definitions.
The following words and phrases when used in this chapter shall, for the purpose of this chapter,have the
meanings respectively ascribed to them in this section, except in those instances where the context clearly
indicates a different meaning:
(1) "Apron" means that portion of the driveway approach extending from the gutter flow line to the
ORDINANCE No. 02-
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property line.
(2) "Curb return"means the curved-portions of a curb in the end slopes of a driveway approach.
(3) "Driveway" means an area designated for vehicular use, other than a designated parking area,not
dedicated or set aside for public use.
(4) "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.
(5) "End slopes" means those portions of the driveway approach which provide a transition from the
normal curb and sidewalk sloping surface or by means of a curb return together with the area between the
projected tangents of the curb return.
(6) "Person" means every natural person, firm, co-partnership, association, public or private
corporation,or district.
(7) "Sidewalk" means an area specifically delineated and constructed for pedestrian use located
behind a curb but within public right-of-way.
(8) "Street" or "alley" means every way or place open as a matter of right to the use of the public for
vehicular or pedestrian traffic between right-of-way lines.
(9) "Tunnel" means an excavation requiring the removal of dirt or like material and does not include
driving or forcing of pipe through the ground. (Ord. 74-14 §1, 1974).
15.04.020 Permit--Required.
(q fg) It is unlawful for any person to cut upon or within, break, dig up, damage in any manner,
undermine or tunnel under any public street or public alley for the purposes of doing work in a public right of way
or in a sanitary sewer, storm sewer or water easement as described in this chapter, without first complying with
the provisions of this chapter in regard to the obtaining of permits, depositing of securities and the making of
applications to the city. Applications for permits shall be in the form prescribed by the city. Permits shall be
issued on an annual basis or for a limited time and shall specify the extent of the authority granted by the permit.
Permits shall be issued vu an annual basis only if the proposed work is subiect to franchise agreement with the
O�L.
(2-)(b) Any person who cuts upon or within, breaks, digs up, damages in any manner, undermines or
tunnels under any unimproved public street or public alley for purposes other than those described in this chapter,
must obtain an encroachment permit pursuant to Chapter 15.16 of this Code. (Ord. 99-31, Ord. 74-14 §2, 1974).
15.04.030 Permit--Application.
(a) At the time of application for permit for a limited time and for a specific cut or break in a street or
alley,the applicant shall specify his name, telephone number, and address,the date of application,the name of the
street or alley to be cut or tunneled under; the nature of the street surface or of pavement involved; the purpose of
the work; the size, location and nature of the cut or excavation; the number of days required to complete the work;
and shall execute an agreement to deposit such securities as required by the city, to comply with the provisions of
this chapter and with the specifications of the city pertaining to the conduct of the work, to save the city and its
ORDINANCE No. 02-2-2-
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employees harmless against any injury or damage which may result from the actions of the applicant, and to
notify the City Engineer's office at least twenty-four hours before beginning the work. file a -epe-* of the ...e,i.
a tom. f ft �,t h r it letio Application for each permit to be issued for a limited time and
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for a specific cut or break in the street or alley shall be accompanied by a fee set by the city council according to
Chapter 3.32 of this code.
(b) The application for an annual permit shall be in form as prescribed by the city and shall specify
the name and address of the applicant, as required by the city, to comply with the provisions of this chapter, and
an agreement to save the city and its employees harmless against any injury or damage as a result of the actions of
the applicant and to file a fepe44 of all wor-k done under the pen:nit within ten days after the initial eut or br-eak in
the w stfeetor-alley has bee.. ,,,.,moi
eotmeil aeeefding t r->,aptef 3.32 of this cea.. (Ord. 84-54 §1, 1984: Ord. 81-93 §1, 1981: Ord. 74-14 §3, 1974).
15.04.040 Permit--Conditions.
All work in streets or other public places shall be done in the location approved by the depaftment of
public works Engineering Departmen and in accordance with plans and specifications prepared or approved by
the department. Such permit may include conditions binding upon the permittee. Such conditions may include
prior filing of a performance bond and/or a maintenance bond and may include such other requirements as the
depaA+aent,.F, ublie works- Engineering Department finds appropriate in the public interest. All work done shall
be subject to the rejection or correction requirements of the ao�e public werks Engineering Department
and subject to its final approval. (Ord. 74-14 §4, 1974).
15.04.050 Security.
Before the issuance of any permit, the department public works Engineering Department shall require
the applicant or his contractor to file with the city, as security,either:
(1) In the event an annual permit is requested, a surely bond in the amount of five thousand dollars,
unless the applicant is already bound by the provisions of a franchise ,.,-din.neeor- subdivision iyision eemplie~ee
agreement.
(2) In the event of an application for a permit for one particular cut or break in an alley or street, a
surety bond in an amount equal to the estimated cost of the work to be performed.
(3) The cost upon which the amount of the bond or security shall be based shall be the cost of the
work to be performed within the public right-of-way, and not the cost of work to be performed outside of such
right-of-way.
(4) Security may be held on deposit by the city for a period of one year. The security agreement shall
provide that the applicant or his contractor will, immediately upon completion of the work, be obligated to keep
the work in a state of good repair at his own expense, and that he shall continue to do so until released from the
maintenance obligation. In the event the applicant or his contractor fails to carry out all provisions of the permit
and the maintenance requirement, and the city has unreimbursed costs or expenses resulting from such failure,the
city may call upon the security agreement or deposit for reimbursement.
(5) In lieu of a surety bond, the applicant or his contractor may file as security cash, certified check
or money order. The city shall hold such security subject to the conditions set forth above.
(6) In the case of unimproved streets, no security shall be required unless, in the opinion of the city,
such security is necessary for the protection of the public interest.
ORDINANCE No. 02-27-
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(7) The requirements of this section may be waived if the applicant is a municipal corporation and it
provides the city with written assurances including,but not limited to,the following:
(A) The applicant agrees to maintain in full force and effect all performance and security
bonds assuring performance of contractors for the benefit of the applicant while the work is being performed
under the permit for which application is made;
(B) In the event any or all of the work is not completed in accordance with the terms of the
permit, the applicant will undertake to complete all work and obligations to be performed for the benefit of the
City.
(8) The publie ...o fks difeet City Engine shall determine the adequacy of, and consent in writing
to, the alternative assurances provided for in subsection (7) of this section prior to issuance of the permit. (Ord.
82-28 §1, 1982; Ord. 76-11 §1, 1976: Ord. 74-14 §5, 1974).
15.04.060 Conduct of work.
All work under such permits shall be done in conformity with the provisions of this chapter, the terms of
the application and permits and in the manner approved by the depai4meat of publie works En ingi eering
Department. Upon completion of the excavation, cut or tunnel, all surplus earth, rubbish or other materials shall
be removed immediately and the street surface or pavement shall be replaced in as good as or in better condition
than it was before. (Ord. 74-14 §6, 1974).
15.04.070 Adherence to and exhibition of permits.
No work shall be undertaken other than that specified in the application and permit for a particular cut or
excavation. Upon demand of a city representative or any police officer,the permit shall be produced at the place
where the work is in progress or, in the case of an annual permit, shall be on display at the place of business of the
person within the city; or such work shall be stopped until the permit is produced and/or authenticated. (Ord. 74-
14 §7, 1974).
15.04.080 Driveway approaches and curb cuts.
(a) The permit provided in this chapter authorizes relocation of any municipal facility, including any
within the limits of a curb return which may be encroached upon or allowed, providing that the applicant first
notifies the appropriate authority, obtains the appropriate authorization and bears the cost of the relocation of the
municipal facility.
(b) No dfiveway appr-eaeh shall be less than five six feet fiem the side pr-apeFty line pr-qjeeted exeept
in eul do saes, wit-hout appy-oval and m-Fitt . . . ef the eib,. The end slopes ffla-y enefaaeh within the five
foot -oS*.__*o,a area. Except for shared driveways no driveway approach or access shall be less than six feet from
the side propegy line projected except in cul-de-sacs without written permission of the City Engineer. End
slopes shall not be considered part of the driveway approach or access.
(c) No portion of any driveway approach, including the end slopes, shall be located closer than thirty
feet to an intersecting street right-of-way line.
(d) Commercial or service drives shall not be more than thirty fonty feet in width and if located on the
same lot frontage shall be separated by a minimum length of curb of thirty feet.
(e) Each residential driveway shall be not more than twenty six thirty feet in width including end
slopes, and if more than one driveway is to be constructed to serve the same lot, the frontage spacing between
ORDINANCE No. 02-2,2-
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such driveways shall be not less than thirty feet measured along the curb line.
(f) Joint access driveways shall conform to the appropriate width standard for commercial or
residential type usage. (Ord. 74-14 §8, 1974).
15.04.090 Areas of limited street improvements.
(a) Where standard gutter and curbs have been installed but where concrete sidewalks have not been
installed, the applicant shall be required to construct the driveway approach from curb line to the applicant's
premises. The cost shall be borne by the applicant.
(b) Where standard gutter and curbs have not been installed, the driveway approach may be
constructed of the same material used for surfacing the driveway. The applicant shall improve that portion
between the property line and existing pavement in such a manner as to not impede surface drainage along the
street. The cost of that portion of the improvement, between the property line and existing pavement, shall be
borne by the applicant. (Ord. 7444 §9, 1974).
15.04.100 Abandoned driveway approaches.
In the event a person, firm or corporation makes an application to relocate a driveway approach and
abandons an existing driveway approach,the applicant shall remove the existing driveway and replace the curb to
a standard curb section at his own expense. (Ord. 74-14 §10, 1974).
15.04.110 Sufficient parking required.
sity ordinances No permit for the construction of new driveway approaches shall be issued unless the property
served has the minimum parking required by the Community Development Code. (Ord. 74-14 §11, 1974),
15.04.120 Unusual conditions.
f~ t a . a a4 a blie he g that the fellowing eenditions afe.arl present--.
distTiets in the eity or is Elue to the aatufe of the business or-operation upon the appheant's pr-opefty; a-ad
(2) That the v ted is Rot advefse to the publie interest, pai4ieu4afly e
health
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,,1 , elfaFe; an l
(3) That the gr-aiiting of the pefmit for the var-ianee will not adver-sely affeet the rights of adjacent
*y tenants; an
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(4) That appliee-tion A--f the, -#"et tefms of this ehapter- will wor4E unneeessafy hardship upon
applioant,pr-epei*f owner-or tenant.
The City Engineer may grant the permit_even if all the standards of this chapter are not met if the City
Engineer determines that the following conditions are present:
ORDINANCE No. 02-12
Page 5
(1) There are peculiar physical conditions not ordinarily existing in similar districts in the City or the
nature of the business or operation makes compliance with all standards impossible or
impractical
(2) The public interest,particularly safety,health and general welfare is not adversely affected,•
(3) The granting of the permit will not adversely affect the rights of adjacent property owners or
].-esidents; and
(4) The application of the standards of this chapter would woor unnecessary hardship upon the
qpplicant,property owner, tenants or residents. (Ord. 74-14 §12, 1974).
15.04.130 Jurisdiction.
The requirements of this chapter shall apply to all public rights-of-way under the jurisdiction of the city of
Tigard, dedicated by plat or deed, created by user, or the use thereof controlled by the city pursuant to agreements
with Washington County or the Oregon Department of Transportation. (Ord. 74-14
§13, 1974).
15.04.140 Inspection and acceptance.
The permittee must apply to the ao,,.,..., ent of ..,,blie works Engineering Department of the city for
inspection of the work to determine compliance with the requirements of this chapter,prior to final acceptance of
the work. The permittee shall not be relieved of obligations under any performance or cash bond posted pursuant
to the provisions hereof until the work is in accordance with the terms of the permit and has been accepted by the
department. The permittee shall further remain obligated through a time period which may be required by the
city, via a maintenance bond, but not exceeding one year from the date of acceptance of the work. (Ord. 74-14
§14, 1974).
15.04.150 Barricades and safety measures.
Whenever any person, under authority of this chapter or otherwise, places any obstruction in a street or
alley or makes any excavation therein for any purpose whatsoever, it shall be the duty of such person or
corporation to keep the obstructions or excavation properly safeguarded by substantial barricades and display
lighted red lanterns or other lights or flares from dusk until daylight in conformity with such regulations as may
be specified by the eCity eEngineer. Whenever, in the opinion of the eity depaAment of publi. Wefks
Engineering Department, the public safety is endangered by such cuts or excavations as to require constant
supervision from dusk to daylight to insure that all barricades are in proper condition and location, all warning
lights are burning and all traffic is properly routed around such barricades, the person to whom the permit for
work has been granted shall be responsible for furnishing a night watchman for that purpose. (Ord. 74-14 §15,
1974).
15.04.160 Liability for accidents.
Every person or corporation having occasion to place any obstruction in any street or alley or to make any
excavation therein under provision of this chapter shall be responsible to anyone for any injury by reason of the
presence of such obstructions or excavation on the public highways when the obstruction or excavation is the
whole proximate cause of the injury and shall also be liable to the city, in the event that the city is held
responsible for any action or claims or otherwise arising out of the presence of the obstruction or excavation on
the public highway. (Ord. 74-14 §16, 1974).
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15.04.170 Repairs.
All persons to whom stteh permits are granted under this chapter shall be personally responsible for the
maintenance and repair of the street surface of pavement cut, dug up, damaged, tunneled under, undermined,
under the provisions of the permit, in as good or better condition then before such work was undertaken, at their
own expense, and for such a period of time as required by the Engineering
Department,but not to exceed one year. (Ord. 74-14 §17, 1974).
15.04.180 Option to city to replace pavement.
Whenever, in the opinion of the eCity eEngineer, it would be to the best interest of the city for the city
itself to replace or repair the street surface or pavement cut, damaged, tunneled under or undermined under the
provisions of this chapter, such work shall be done by the city and the cost of the work shall be either charged to
the person to whom the permit for the cut or excavation has been granted or deducted from security deposited by
him with the city. (Ord. 74-14 §18, 1974).
l 5.04.190 Applicability to city work.
The provisions of this chapter shall not be deemed to apply to construction or maintenance within streets
or alley rights-of-way by the city, by its employees, when conducting city work, or by persons operating under
contract with the city; contractor's performance and maintenance responsibilities are not, though, relieved. (Ord.
74-14 §19, 1974).
1.5.04.200 Violation--Penalty.
A
E
violation of this cha atter is a Class 1 Civil Infraction. (Ord.74-14 §21, 1974).■
;SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By Unanimu5 vote of all Council members present after being read by number and
title only,this Qi-6 day of 4n 52002.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this day of 12002.
es E. Gr h,May
Approved as to form: ,
)iity�Attorriey "
Date
iicitywide\ord\ordinance to revise 15.04 sop.doc
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