A. 
The City has jurisdiction and exercises regulatory management over all public rights-of-way within the City under authority of the City Charter an d State law.
B. 
Public rights-of-way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including the subsurface under and air space over these areas.
C. 
The City has jurisdiction and exercises regulatory management over each public right-of-way whether the City has a fee, easement, or other legal interest in the right-of-way. The City has jurisdiction and regulatory management of each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or other means.
D. 
No person may occupy or encroach on a public right-of-way without the permission of the City. The City grants permission to use rights-of-way by franchises and permits.
E. 
The exercise of jurisdiction and regulatory management of a public right-of-way by the City is not official acceptance of the right-of-way, and does not obligate the City to maintain or repair any part of the right-of-way.
F. 
The City retains the right and privilege to cut or move any facilities located within the public rights-of-way of the City, as the City may determine to be necessary, appropriate or useful in response to a public health or safety emergency.
(Ord. 1866 § 3, 2000)
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;
3. 
Pavement overlays;
4. 
New traffic control and changes to existing traffic control;
5. 
Drainage improvements;
6. 
New sidewalks and alterations to existing sidewalks;
7. 
New road construction;
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.
D. 
(Repealed by Ord. 1893)
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.
I. 
(Repealed by Ord. 2004)
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.
(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)