This chapter governs right-of-way impediments, entrances and other activities within the right-of-way not including utility work. Work in the right-of-way by utilities is governed by the provisions of Chapter 12.05.
(Ord. 213, 2000; Ord. 352 § 3, 2007; Ord. 489 § 2, 2016)
For the purposes of this chapter the following words have the following meanings:
"Applicant/owner"
means a corporation, cooperative, company, firm, business, partnership, individual(s) whose name(s) and signature(s) appear on a permit and to whom the permit is issued.
"City engineer"
means the Happy Valley city engineer, or other officer designated by the city manager to perform the duties and responsibilities hereunder.
"Council"
means the Happy Valley city council.
"Department"
means the Happy Valley public works department.
"Design manual" or "manual"
means the Happy Valley engineering design and standard details manual as may be adopted by council and thereafter updated or modified from time to time by the public works director or city engineer.
"Fixed object"
means any natural or manmade object (including vegetation) that could potentially cause harm to a vehicle or its occupants. "Vegetation" specifically includes trees greater than six inches in diameter.
"Person"
means and includes individuals, cooperatives, corporations, associations, firms, partnerships, joint stock companies, trusts and estates, municipalities and any other legal entities whatsoever.
"Public works director"
means the person holding the position of public works director or such other officer, employee or agent designated by the city manager to perform the duties of the public works director in this chapter.
"Road/roadway"
means and includes the entire right-of-way, along with any improvements, including (but not limited to) the paved surface, shoulders, driveway entrances, ditches, culverts and other drainage features, bridges and other structures, guard rails, curbs, sidewalks, and traffic controls.
"Right-of-way"
means and includes the space in, upon, above, along, across, over or under the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths, sidewalks, bicycle lanes, public utility easements and all other public ways or areas, including the subsurface under and air space over these areas, but does not include parks, parkland, or other city property not generally open to the public for travel. This definition applies only to the extent of the city's right, title, interest and authority to grant a license to occupy and use such areas for utility facilities.
(Ord. 213, 2000; Ord. 352 § 3, 2007; Ord. 489 § 2, 2016; Ord. 545 § 1, 2019)
Every person shall comply with the requirements of the design manual and this chapter in the location, construction, alteration, maintenance and repair of any portion of the right-of-way within the city; provided, however, that work in the right-of-way by utility operators is governed by the provisions of Chapter 12.05.
(Ord. 213, 2000; Ord. 352 § 3, 2007; Ord. 489 § 2, 2016)
A. 
Potential Hazards. No person shall allow any of the following on any portion of the right-of-way abutting property he/she owns or occupies or upon any public easement:
1. 
Earth;
2. 
Rock;
3. 
Vegetation;
4. 
Structures;
5. 
Objects;
6. 
Debris;
7. 
Disabled vehicles;
8. 
Anything that may cause a potential hazard to the public in their use of a sidewalk, including vertical displacements on the surface or cracks or other evidence of disrepair.
B. 
Visual Impediments to Safe Road Use.
1. 
No person shall allow any of the following on or in the right-of-way abutting property he or she owns/occupies if it obstructs the view necessary for safe operation of motor vehicles:
a. 
Trees;
b. 
Shrubs;
c. 
Hedges;
d. 
Any vegetation;
e. 
Projecting overhanging limbs of vegetation;
f. 
Temporary or permanent structures;
g. 
Fences;
h. 
Berms;
i. 
Disabled vehicles; or
j. 
Natural or manmade objects.
2. 
No person shall allow any fixed object to exist within the right-of-way if it compromises the intersection sight distance set out in the manual.
C. 
Obstruction of Official Traffic Control Device. No person shall allow anything to exist or remain within the right-of-way or clear vision area inconsistent with the requirements imposed by the manual.
D. 
Regulations for Mailboxes, Newspaper Boxes, Other Receptacles. No person shall allow any mailbox, newspaper box or other receptacle to exist on the road right-of-way unless it conforms to the safety standards outlined in the manual or as authorized by the United States Postal Service.
(Ord. 213, 2000; Ord. 352 § 5, 2007; Ord. 489 § 2, 2016)
A. 
Application Requirements. Applications for a permit to construct or reconstruct entrances, driveway approaches or sidewalks or to make other changes or improvements within the right-of-way shall be made on an official permit application, available from the department. The following items must be submitted along with any application(s), unless otherwise agreed to in writing by the department:
1. 
Verification of insurance in an amount deemed adequate by the city;
2. 
Performance bond equal to not less than 125% of the cost of the utility placement as the same is determined by the city engineer or their designate;
3. 
Any drawings requested by the city engineer to illustrate the work described in the application;
4. 
A drawing clearly depicting protection devices, such as guardrails or bollards, for supplemental review by the city engineer to ensure compliance with the manual;
5. 
A fee to compensate city for staff and related costs associated with review of the application;
6. 
Any additional information or items the department determines are necessary in the interest of public safety and welfare.
B. 
The permit holder shall be responsible for providing correct and complete information. If the city engineer believes the holder misrepresented, misstated or omitted any material fact(s), denial or revocation of the permit may occur. The city engineer may at any time require the permit holder take additional measures to protect or promote the convenience of the public. The permit holder shall be responsible for and pay all costs for such measures.
C. 
Rules Regarding Commencement of Installation. If the applicant/owner fails to commence installation by the date specified, the permit shall be deemed void and all privileges thereunder shall be forfeited, unless a notice and acknowledgment of a different start date is confirmed with the city engineer or public works director.
D. 
Commencement of Surety Repair Period. Upon initial completion of the installation and/or restoration repairs, the applicant/owner shall notify the city engineer who shall cause an inspection of the installation or repair to be performed. Following the inspection and finding the installation and/or repaired right-of-way to be consistent with the standards set out in the manual, a three-year surety repair period shall begin.
(Ord. 213, 2000; Ord. 352 § 5, 2007; Ord. 489 § 2, 2016)
A. 
Restoration or Repair of Roadway. If the public works director or city engineer reasonably believe the physical character of the right-of-way has been changed, degraded and/or damaged by the applicant/owner, the applicant/owner shall restore or repair the damage or degradation in compliance with the manual regardless of whether the damage is discovered at the time of installation or later. If the applicant/owner fails to restore or repair the right-of-way to the satisfaction of the public works director or city engineer, the city may then make the necessary restoration or repairs using either a private contractor or city employees and impose the costs incurred by the city on the applicant/owner.
B. 
Inspections and Compliance Checks. To insure compliance with the terms and conditions of the permit, the city may cause random inspections of the work to be done, check compliance with the terms of the permit, and require the applicant/owner to correct all deviations from those terms and conditions.
C. 
City Supervision Shall Not Impact Liability of Applicant/Owner. Any supervision or control exercised by the city shall not relieve applicant/owner of any duty to the general public nor shall such supervision or control relieve applicant/owner from any liability for loss, damage or injury to persons or property.
(Ord. 213, 2000; Ord. 352 § 5, 2007; Ord. 489 § 2, 2016)
A. 
Required Safety Devices and Protections for the Public. During the installation, construction, or performance of any work connected with the permit, the applicant/ owner shall at all times ensure the presence of such workers, tools and materials, flaggers, barricades and other safety devices as may be necessary to properly protect bicyclists, pedestrians, construction personnel and vehicular traffic upon the roadway, and to warn and safeguard the public against injury or damage resulting from the applicant's/owner's work.
B. 
Minimizing Interference and Interruption of Traffic. The applicant/owner shall conduct all work in a manner that minimizes interference and interruption of traffic upon and along the impacted roadways and the city may require special conditions in connection with the handling of traffic to ensure traffic safety or convenience.
(Ord. 213, 2000; Ord. 352 § 5, 2007; Ord. 489 § 2, 2016)
A. 
Location and Protection of Monuments as Responsibility of Applicant/Owner. It shall be the responsibility of the applicant/owner to determine the location of and to protect all survey monuments in the vicinity of the installation, construction or work connected with the permit.
B. 
Removal, Disturbance or Destruction of Survey Monuments. Should it become necessary to remove, disturb or destroy any survey monument(s) of record in the course of the applicant's/owner's work, the applicant/owner shall cause a registered professional land surveyor to preserve the monument(s), doing so in the manner described in ORS Sections 209.140 and 209.150. The costs of referencing and replacing the survey monuments shall be paid by the applicant/owner.
(Ord. 213, 2000; Ord. 352 § 7, 2007; Ord. 489 § 2, 2016)