A. Permit
Required
No person shall commence or continue with any work in the right-of-way except as provided in this code and in compliance with Title
19, the Milwaukie Public Works Standards, and other applicable codes, rules and regulations, and design standards. As used in this chapter, "work" means any activity in the public rights-of-way resulting in physical change thereto, including the following:
1. Excavation
or placement of structures;
2. Any
activity resulting in alteration of the surface of the right-of-way;
4. New
traffic control and changes to existing traffic control;
6. New
sidewalks and alterations to existing sidewalks;
8. Alteration
of street configuration or geometry;
9. New
traffic calming structures and alterations to existing traffic calming
devices; and/or
10. New bicycle lanes or bicycle accommodations and alterations to existing
bicycle lanes or accommodations.
B. Preapplication
Conference
A preapplication conference with the Engineering Director or
designee is required prior to submission of any application for work
within public rights-of-way. The Engineering Director may waive this
requirement for small-scale projects.
C. Permit
Applications
Applications for permits to perform work within City rights-of-way
shall be submitted upon forms to be provided by the City and shall
be accompanied by drawings, plans, and specifications in sufficient
detail to demonstrate:
1. That
the work will be performed in accordance with all applicable codes,
rules and regulations, specifically including City standard specifications
and drawings;
2. That
all issues identified in the preapplication conference have been resolved
to the satisfaction of the Engineering Director;
3. That
any proposed new or modified facilities will be constructed in accordance
with any applicable franchise agreement;
4. The
location and route of all facilities to be installed aboveground or
on existing utility poles;
5. The
location and route of all new facilities on or in the public rights-of-way
to be located 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;
6. The
location of all existing underground utilities, conduits, ducts, pipes,
mains, and installations which are within the public rights-of-way
along the underground route proposed by the applicant. A cross-section
shall be provided showing new or existing facilities in relation to
the street, curb, sidewalk, or right-of-way; and
7. 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.
E. 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.
F. Construction
Schedule
All permit applications shall be accompanied by a written construction
schedule, which shall commence no earlier than 24 hours following
City approval, and shall include a deadline for completion of construction.
The construction schedule is subject to approval by the City.
G. Construction
Permit Fee
Unless otherwise provided in a franchise agreement, prior to
issuance of a construction permit, the applicant shall pay a permit
fee in an amount determined by resolution of the City Council. Such
fee shall be designed to defray the costs of City administration of
the requirements of this chapter.
H. Issuance
of Permit
If satisfied that the applications, plans, and documents submitted
comply with all requirements of this code, 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 they may deem necessary
or appropriate.
J. Notice
of Construction
All applicants for work in the right-of-way must notify the
Engineering Director at least 120 days prior to planned commencement
of work. Once a permit has been issued and except in the case of an
emergency, the permittee shall notify the City not less than two working
days in advance of any excavation or construction in the public rights-of-way.
K. Compliance
with Permit
All construction practices and activities shall be in accordance
with the permit and approved final plans and specifications for the
facilities. The City and its representatives shall be provided access
to the work site and such further information as they may require
to ensure compliance with such requirements.
L. Noncomplying
Work
All work which does not comply with the permit, the approved
or corrected plans and specifications for the work, or the requirements
of this chapter, shall be removed at the sole expense of the permittee.
M. Completion
of Construction
The permittee shall promptly complete all construction activities
so as to minimize disruption of the City rights-of-way and other public
and private property. All construction work within City rights-of-way,
including restoration, must be completed within 180 days of the date
of issuance of the construction permit unless an extension or an alternate
schedule has been approved pursuant to the schedule submitted and
approved by the City Engineer or that person's designee.
In addition to the time limits outlined above, every permit
issued for work in the right-of-way shall expire by limitation and
become null and void 24 months after the date of permit issuance.
At the time of permit issuance the City Engineer or that person's
designee may approve a period exceeding 24 months for completion of
work when the permittee can demonstrate that the complexity or size
of the project makes completing the project within 24 months unreasonable.
Any permittee holding an unexpired permit may apply for an extension
of the time within which work is to be completed under that permit
when the permittee is unable to complete work within the time required
by this section for good and satisfactory reasons. The City Engineer
or that person's designee may extend the time for action by the permittee
for a period not exceeding one year, on written request by the permittee
showing that circumstances beyond the control of the permittee have
prevented work from being completed. No permit shall be extended more
than twice.
N. As-Built
Drawings
If requested by the City, the permittee shall furnish the City
with two complete sets of plans drawn to scale and certified to the
City as accurately depicting the location of all facilities constructed
pursuant to the permit. These plans shall be submitted to the Engineering
Director or designee within 60 days after completion of construction,
in a format mutually acceptable to the permittee and the City.
O. Restoration
of Public Rights-of-Way, City Property, and Protected Trees
1. When a permittee, or any person acting on its behalf, does any work in or affecting any public rights-of-way or City property, or trees protected by Chapter
16.32 of this code, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good or better condition as it was before as determined by the Engineering Director or designee.
2. If
weather or other conditions do not permit the complete restoration
required by this section, the permittee shall temporarily restore
the affected rights-of-way or property. Such temporary restoration
shall be at the permittee's sole expense and the permittee shall promptly
undertake and complete the required permanent restoration when the
weather or other conditions no longer prevent such permanent restoration.
Any corresponding modification to the construction schedule shall
be subject to approval by the City.
3. If
the permittee fails to restore rights-of-way or property to good order
and condition, the City shall give the permittee written notice and
provide the permittee a reasonable period of time not exceeding 30
days to restore the rights-of-way or property. If, after said notice,
the permittee fails to restore the rights-of-way or property to as
good a condition as existed before the work was undertaken, the City
shall cause such restoration to be made at the expense of the permittee.
In cases where the City determines in its sole discretion that the
failure to restore rights-of-way results in an immediate threat to
the public safety or welfare, the City may proceed with restoration
with no prior notice to the permittee.
4. A
permittee or other person acting in its behalf shall use suitable
barricades, flags, flagging attendants, lights, flares, and other
measures as required for the safety of all members of the general
public and to prevent injury or damage to any person, vehicle, or
property by reason of such work in or affecting such rights-of-way
or property. A traffic control plan describing all such measures shall
be required, and must receive City approval no less than twenty-four
hours (24) prior to the commencement of any work in the right-of-way.
P. Performance
and Completion Bond
Unless otherwise provided in a franchise agreement, a performance
bond or other form of surety acceptable to the City equal to at least
100% of the estimated cost of the proposed work within the public
rights-of-way of the City, shall be provided before construction is
commenced.
1. The
surety shall remain in force until one year after substantial completion
of the work, as determined in writing by the City, including restoration
of public rights-of-way and other property affected by the construction.
2. The
surety shall guarantee, to the satisfaction of the City:
a. Timely completion of construction;
b. Construction in compliance with applicable plans, permits, technical
codes, and standards;
c. Proper location of the facilities as specified by the City;
d. Restoration of the public rights-of-way and other property affected
by the construction; and
e. Timely payment and satisfaction of all claims, demands or liens for
labor, material, or services provided in connection with the work.
(Ord. 1866 § 3, 2000; Ord. 1893 Exhibit 1, 2001; amended during Supplement No. 2; Ord. 2004 § 1, 2009; Ord. 2068 § 1, 2013)
Every person having occasion to work in or to place any obstruction
in any public right-of-way, or to make any alteration thereto, under
the provisions of this chapter, shall be responsible to any one for
any injury or damage resulting in any way from the presence of such
obstruction, alteration, or work, and also shall be liable to, indemnify,
and defend the City for any claim arising therefrom.
(Ord. 1866 § 3, 2000)
A. City
or Franchisee Work
The provisions of this chapter shall not be deemed to apply
to the construction or maintenance of pavement by the City, either
by its employees or by persons operating under contract with the City,
nor to cuts or excavations made by utilities operated by the City
or by grantees operating under lawfully granted franchises. Prior
written notice of at least 48 hours shall, however, be provided to
the Engineering Director or designee of all work to be done in City
rights-of-way which would otherwise be subject to the provisions of
this chapter.
B. Other
Exceptions as Determined by Engineering Director
The City Manager or designee may exempt applications for permits
from the requirements of this chapter, when in his or her discretion:
1. The
amount of work to be done in City streets does not warrant the imposition
of these requirements; and
2. The
public interest in the City's streets and ways is adequately safeguarded.
The City Manager or designee may develop administrative regulations
and policies to implement the provisions of this section.
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(Ord. 1866 § 3, 2000; Ord. 2004 § 1, 2009)
Any person violating any provision of this chapter shall be
punished by a fine not to exceed $250. Each day that such violation
exists shall be deemed a separate violation of this chapter.
(Ord. 1866 § 3, 2000; Ord. 2004 §1, 2009)