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Ordinance No. 74-14 CITY OF TIGARD, OREGON ORDINANCE No. 74-_L�_ AN ORDINANCE PROHIBITING EXCAVATIONS IN CITY STREETS OR ALLEYS WITHOUT A PERMIT= PRESCRIBING PROCEDURES FOR OBTAINING PERMITS; REGULATING SIZE, LOCATION AND CONSTRUCTION OF DRIVEWAY APPROACHES, SIDEWALKS AND CURB-CUTS; PROVIDING FOR VARIANCES; REQUIRING RESTORA- TION AND MAINTENANCE OF EXCAVATIONS IN STREETS AND ALLEYS; PRESCRIB- ING PENALTIES FOR VIOLATION; FIXING EFFECTIVE DATE_; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: 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 difie ent meaning: (a) "Person" means every natural person, firm, copartner- ship, association, public or private corporation, or district. (b) "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. (c) "Tunnel" means an excavation requiring the removal of dirt or like material and does not include driving or forcing of pipe through the ground. (d) "Driveway".,means an area designated for vehicular use, other than a designated parking area, not dedicated or set aside for public use. (e) "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. -Ify !'Apfoa",meafth that:p®rtion of the driveway approach extending from the gutter flow line to the property line (g) "End slopes" mean those portions of the driveway approach whieh 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. (h) "Sidewalk" means an area specifically delineated and constructed for pedestrian use located behind a curb but within public right of way. (i) "Curb return" means the curved portions of a curb in ,e end slopes of a driveway approach. Section 2 Permit re uired. 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 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 prscribed 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. Page l - ORDINANCE No. 74- 1 section 3; Application for permit. (a) At the time of application for permit for a lim ted time and for a specific cut or break in a street or alley, the applicant shall specify his name 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 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 employees harmless against any irsj-u-X or dam aga which m---, result from the actions of the applicant, and to file a report of the work done within 48 hours of its completion. Application for each permit to be issued for a limited time and for a specific cut or break in the street or alley shall be accompanied by a fee of two percent (2%) of the estimated construction cost, but not less than a $2.00 minimum charge. (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; 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 report of all work done under the permit within 10 days after the initial cut or break in the street or alley has been made. Application for an annual permit shall be accompanied by a fee of $100.00. Section 4: Permit conditions. All work in streets or other public places shall be done in the location approved by the Depart;rent of Public Works and in accordance with plans and specifica- tions prepared or approved by said Department. Such permit may include conditions binding upon the permittee. Such conditions may include prior filing of a performance bond andlor a maintenance bond and may include such other requirements as the Department of Public Works finds appropriate in the public interest. All work done shall be subject to the rejection or correction requirements of the Department of Public Works and subject to its final approval. Section 5: Security. Before the issuance of any permit, the Depart- ment of Public Works shall require the applicant to file with said City as security, either: (a) In the event of annual permit is requested, a surety bond in the amount of $1,000, unleb s the applicant is already bound by the provisions of a ranchise ordinance or a subdivision compliance agreement. In the event of an application for a permit for one particular cut or break in an alley or street, a surety bond in the amount fixed by the city, but not to exceed $500. This bond may be left on deposit with the city for a period of one (1) year. The bonds in either of said cases to be conditioned that the applicant will, immediately upon tha completion of the work, remove all surplus earth, rubbish, brrother materials, replace the pavemaht cut-or undatmined in a cdndition as good as or better than it was before, and keep same in good repair, at his own expense, for a period of time to be designated by the city, but not to exceed one (1) year from the completion of the work. (b) In lieu of the abovementioned surety bond, the applicant may file as security cadtor certified check in an amount equal to the estimate of replacement value of pavement to be cut, together with the costs of re-excavation and refilling with proper materials, if necessary, as deter- mindd by the city, to be held and returned subject to the same donditions as set forth in the case of surety bonds. Page 2 - ORDINANCE No. 74 E i Provided, however., that 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. Section 6: 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 Department of Public 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 re- placed in as good as or in pettier condition than it .:as before. Section 1 Adherence to and exhibition of Permits. No work shall be undertaken other than that specif£ed in the applica- tion 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 snail be stopped until the permit is produced and/or authenticated. Section 8: Drivewa a roaches and curb cuts. (a) The permit pro- v Sed herein authorizes relocation of any municipal fac- ility, including any within the limits of a curb return which may be encroached upon or allowed, providing that said applicant shall first notify the appropriate authority, obtain the appropriate authorization, and shall bear the cost of the relocation of the municipal facility. (b) No driveway approach shall be less than 5 feet-from the side property line projected except in cul-de-sacs, without approval and written permission of the city. The end slopes may encroach within the 5 foot restricted area. (c) No portion of any driveway approach, including the end slopes, shall be located closerrthan 30 feet to an intersecting street right-of-way line. (d) Commercial or service drives shall not be more than 30 feet in width and if located on the same lot frontage shall be separated by a minimum length of curb of 30 feet. (e) Each residential driveway shall be not more than 26 feet in width including end'slopes, and if more than on driveway is to be constructed to serve the same lot, the frontage spacing between such driveways shall be not less than 30 feet measured along the curb line. (f) Joint access driveways shall conform to the appropriate width standard for commercial or residential type usage. Section(9a)e Areae of limited qtr oen" Where standard guttehaveeetmcb been installed but where concrete sidewalks have not been installed, tile applicant shall s be required to construct the driveway approach from curb line to the applicant's premises. The cost shall be borne by the applicant. (b) there standard gutter and curbs have not been installed, the driveway approach may 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. Section 10: Abandoned drivewav approaches. In the event a'person,� -,, firm or corporation shall make_ an application to relocate a driveway approach and abandon an existing drivewav approach, the i applicant shall remove the existing driveway and replace the curb ' to a standard curb section %t. his own expense. Page 3 - ORDINANCE No. 74- Section 11: Sufficient Parkincar required. No permit for the construe- tion of driveway approaches to public or private property shall be issued unless sufficient parking area is provided on the pro- perty served, entirely within the property lines in accordance with City ordinances. Section 12: Unusual conditions. The City Council may grant variances from the regulations and requirements of this chapter, provided it is first determines] at a public hearing that the following conditions are all present: (a) The variance requests! arises from peculiar physical conditions not ordinarily existing in siod lar districts in the city or is due to the nature of the business or operation upon the applicant's property; and (b) That the variance requested is not adverse to the public interest, .particularily safety, health and general s welfare; and ( (c) That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants; and Y i (d) That application of the strict terms of this chapter will work unnecessary hardship upon the applicant property owner or tenant. Section 13: Jurisdiction. The requirements of this ordinance shall � apply to all public right of ways 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 State Highway Department. Section 14: Insjsection and Acceptance. The permittee must apply to the Department of Public Works of the City for inspection of the work to determine compliance with the requirements of this n ordinance, prior to final acceptance of the work. The permittee shall not be relieved of obligations under any performance or cash bond E posted pursuant to the provisions hereof until 'the work is in accord- ance with the terms of the permit and has been accepted by said 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. Section 15: Barricades and Safety MA;tsureg, whenever any person shall: under authority of this chapter or otherwise, place any obstruction in a street or alley or make any excavation therein for any purpose whatsoever, it shall be the duty of such person or corporation to keep the obstructions or excavation pro- parly safeguarded by substantial barricades and display lighted red lanterns or other lights or flares from dusk until daylight in con- formity with such regulations as may by specified by the city engineer. whenever, in the opinion of the city department of public works 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 s furnishing a night watchman for that purpose. Section 16: Liability for Accidents. Every person or corporation hav ni g occasion to place any obstruction in any street or alley or to make any excavation therein under provision of this ordinance 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 9 is held responsible for any action or pams or otherwise arising out Page 4 - ORDINANCE No. 74- of the presence of the obstruction ox excavation on the public highway, Section 17e Re__ _airs• All persons to whom such permits are granted shall be personally responsible far the maint damagedice and tunneled repair of the street Aur of pavement cut, dug up, under, undermined, under the provisions of the permit, in as goad or better condition than before such work was undertaken, at their own expense, and for such a period of time as required by the city depart- Ment of public workd, but not to exceed one year. caetw iron 18: option to Ci_' ,to. Replace Pavement. Id bo to thenthe best opii n of the City kngineer, IL WOU, pair the to interest of the city for the city itself tunneledc t cut, damaged, underor Teoriundermined street surface or pavemen under the provisions of this ordinance, such work shall be done by the city and the cost of the work si,all be either charged to the person to whom the permit for the cut or excavation has been granted or de ducted from security deposited by him with the city. or zhin Section 19: Acsplicability rdto City_w_ork. The pro iisoonconstructaon oinance shall not be deemed to app Ye , or maintenance within streets or alley right of ways b nducting city work, or by persons operating by its employees, when co under contrac sibility'siaret otcitht, oughnherebyrelievedmance and maintenance respo Section 20: Savin s clause. in the event any section or portion of th s ordinance shall be determined by a court of compe- tent jurisdiction to be without force or effect, the City of Tigard in enacting this ordinance declares its intention that the remaining provisions hereof shall not be affected thereby, and the remaining rud for the provisions of this ordinance shall be ofnthiseardinanco.pvrpose of carrying out the intents and purposes Section 21: Penalties. Any person, firm or corporation who shall be c" onvcted of a violation of the provisions hereof shall be deemed guilty of a misdemeanor and shall be subject to the imposition of a>fine not to exceed $250.00. trued Section 22s oeberroreiobligatoryons of a nor lessordinance restrictive, thanthose provisions which are in full force and effect within existil:g franchise agreements. �__ ,a; DFfon4isa Lista__ 'this ordinance shall be effective on rAn and after the 31st day after its passage by the Council + and approval of the Payor. PASSER: By unanimous vote of all council members �resenz, after being zead'three times by number and title only. { This �Q day of .�----' 1974 r� Recorder _ Cit of T d APPROVED: By the Mayor, this , daY of 1974 r' MayorCity o��Z'Tigard 74- Page 5, _ ORDINANCE No."