The Board of County Commissioners of Clatsop County, Oregon
recognizes the need to adopt certain standards for the regulation
of facilities constructed in public rights-of-way. In the interest
of the health, safety and welfare of the citizens of Clatsop County
and pursuant to ORS 374.310 and the Home Rule Charter for the Government
of Clatsop County, the Board of Commissioners hereby determines a
need to adopt the ordinance codified in this chapter.
(Ord. 99-18; Ord. 21-01 § 4)
This chapter is adopted under the authority granted by ORS 374.310
and the County Home Rule Charter.
A.
All
authority contained in ORS 374.305 through 374.325 relating to County
roads applies to any facility within a public right-of-way.
B.
The
Director or the Director’s designee is given the authority to
issue all permits provided for in this chapter and to make all decisions
necessarily related to those permits.
(Ord. 99-18; Ord. 21-01 § 4)
As used in this chapter:
means a permit allowing construction or alteration of a private
driveway, approach road or other facility that provides ingress to
or egress from a public road.
means a public road under the jurisdiction of the County
that has been designated as a County road.
means the Director of Public Works as being responsible for
administration of County road activities and includes those individuals
designated by the Director to carry out the purposes of this chapter.
means and includes all private roads that connect to a public
road and provide ingress to or egress from property.
means and includes all roads, driveways, utilities, fences,
ditches, culverts, structures, signs, landscapes and other items of
a diverse nature that may be placed within or upon a public right-of-way.
means a public road that is not a County road, state highway
or federal road.
means a road over which the public has a right-of-way that
is a matter of public record.
means land, property, or an interest therein, usually in
a strip, acquired for or devoted to road purposes.
means the entire right-of-way of any public or private way
that provides ingress to or egress from property by means of vehicles
or other means or that provides travel between places by means of
vehicles. “Road” includes, but is not limited to:
means a permit allowing facilities to be placed within a
public road right-of-way. The permit shall state whether the permitted
use is temporary or permanent.
means the portion of a road, including shoulders, for vehicular
use.
means that portion of the right-of-way, exclusive of the
shoulders, designed and intended for vehicular travel.
(Ord. 99-18; Ord. 21-01 § 4)
This chapter should be construed to ensure the safe use of public
roads, to preserve the structural integrity of public roads and to
allocate the cost of private development upon private developers and
not upon County government. Nothing in this chapter should be interpreted
as implying a right or privilege to place, build, enlarge or otherwise
work on any facility in the right-of-way of a public road.
(Ord. 99-18; Ord. 21-01 § 4)
Except as provided in this chapter, no person shall use the
right-of-way for commercial purposes. Commercial use means use of
the right-of-way for business or financial transactions. This prohibition
shall not apply to flower stands or seasonal produce stands limited
to 120 square feet and that have acquired a permit from Public Works,
or other uses consistent with a lease approved by the Board of Commissioners.
(Ord. 21-01 § 4)
Except as provided in this chapter, no person other than County
agents or employees shall place, build, enlarge or otherwise work
on any facility in the right-of-way of a public road without first
obtaining a road occupation or operations permit from the Director.
This applies to all work, including, but not limited to, the following:
A.
Constructing,
grading, surfacing or providing drainage facilities for a private
driveway or approach road.
B.
Pipelines,
irrigation lines, sewer lines, underground cables, overhead wires
and utility poles.
C.
Signs,
billboards, symbols, notices, advertisements or directional guides.
D.
Sidewalks,
curbs, gutters, retaining walls, meters, inlet basins, fences and
ornamental objects.
E.
Planting
of trees or other vegetation.
(Ord. 99-18; Ord. 21-01 § 4)
A permit is not required for utilizing lawfully installed facilities
as intended when installed, providing the work does not involve excavation.
This exception includes the following:
A.
Inspection
and cleaning of sewer and stormwater facilities;
B.
Inserting
cables in existing conduits or making service connections within a
terminal structure;
C.
Utilization
that is expressly acknowledged by prior permit provisions; and
D.
Other
activities approved in writing by the Director.
(Ord. 99-18; Ord. 21-01 § 4)
Trees, vegetation, permanent signs, billboards, symbols, notices,
advertisements or directional guides shall not be allowed in a County
right-of-way unless allowed by law, designed to facilitate traffic
safety and located without causing unreasonable risk to the traveling
public. Temporary signs, notices, or directional guides may be allowed
for a period not exceeding seven consecutive days if in the opinion
of the Director the sign, notice, or directional guide will facilitate
the safe and efficient use of the public road.
(Ord. 99-18; Ord. 21-01 § 4)
Except as otherwise provided in this chapter, no person shall
construct or alter a private driveway, approach road or other facility
providing ingress to or egress from a public road without first obtaining
an approach permit. The general requirements of this permit include,
but are not limited to, the following:
A.
The
applicant must be the owner or lessee of the real property abutting
the road and have the authority to apply for this permit.
B.
Construction
or use of the proposed approach road may not be prohibited by law,
agreement or by any permit or license issued by a governmental agency.
C.
The
holder of the permit must construct the approach so as not to interfere
with normal road maintenance operations.
D.
The
profile of the approach centerline shall not exceed plus or minus
three percent from the edge of the traveled surface for a distance
of 20 feet, as follows:
 |
E.
An
approach permit may be denied when, in the opinion of the Director,
lack of adequate sight distance or multiple intersecting approaches
would create traffic safety hazard. The applicant may be required
to remove brush, widen cut banks, relocate the proposed approach or
otherwise satisfy sight distance requirements and ensure that those
distances are maintained. The minimum recommended sight distances
for the estimated speed of the traffic (not necessarily the posted
speed) are given below. The sight distance should be measured from
the height of the driver’s eye or specifically 42 inches.
|
Speed
(mph)
|
Minimum Sight Distance
(ft.)
|
|---|---|
|
25
|
180
|
|
30
|
220
|
|
35
|
275
|
|
40
|
330
|
|
45
|
395
|
|
50
|
465
|
|
55
|
535
|
Sight distance shall be measured from the center of
the traveled lane from a point where the turning vehicle begins its
turn (nine feet behind the edge of the traveled lane) to the center
of the traveled lane of which the turning vehicle may enter or cross,
measured at a height above each spot of 42 inches as follows:
 |
F.
The
driveway or approach road shall as near as practicable intersect the
public road at right angles.
G.
Failure
to construct any approach in conformance with these provisions, permit
conditions or with plans submitted by the applicant may result in
cancellation of the permit and removal of the partially constructed
approach at the applicant’s sole expense.
H.
Proper
barricades and warning signs must be maintained at all times during
construction by the holder of this permit to ensure the safety of
the motoring public.
I.
The
public road is to be restored to its original or to a better condition.
All excess rock or dirt is to be removed from the traveled portion
of the road by brooming or washing, as directed. Final clean up is
to be completed within one week after the approach is constructed.
J.
The
entire cost of maintaining the road approach from the outside edge
of the roadway to the right-of-way line shall be the responsibility
of the applicant.
K.
The
maximum width for a driveway in residential and resource lands shall
be 24 feet. The maximum width for a driveway in industrial and commercial
lands shall be 30 feet except driveways for service stations and trucking
businesses may be up to 40 feet in width. In no case shall the traveled
way of any driveway be less than 14 feet.
L.
The
minimum distance between driveways shall be 25 feet measured from
the nearest edges of the traveled ways.
M.
All
approaches connecting to a public road, which is constructed with
either asphalt and/or a concrete wearing surface, shall be paved to
match the existing road surface elevation. The paved approach length
shall be 10 feet minimum, at a depth of not less than two inches compacted
thickness. The Director has discretion to waive the approach requirements,
with additional conditions by the Director determined to be necessary
such as a minimum 12-inch slotted drain culvert for a slope greater
than three percent.
(Ord. 99-18; Ord. 21-01 § 4)
A change in the manner of using an approach road that connects
to or intersects a public road requires a new approach permit. A “changed
use” includes, but is not limited to:
A.
Any
physical change requiring excavation, placing of an embankment, a
culvert extension, construction of head walls and repair or alteration
of any existing lawfully installed facility pertinent to a driveway
or approach road;
B.
Any
substantial change in the type or number of vehicles that were anticipated
in the approval of the latest existing permit on file for a driveway
or approach road; and
C.
Any
other change in the approach road or its use, which the Director finds,
may adversely affect the public’s safety or the public’s
interest in the County road in the absence of limitations or conditions.
(Ord. 99-18; Ord. 21-01 § 4)
A.
All
trees within a County road right-of-way are subject to the County’s
control, and no tree may be altered or removed without a permit from
the County. The permit requirement does not apply to public utilities
or the County while exercising their rights within the right-of-way.
In issuing a permit, the County shall have the authority to impose
such conditions as it deems necessary to the public’s safety
and convenience.
B.
The
County has and claims the right to remove or alter any tree, or remove
any other vegetation, situated entirely within the County road right-of-way
if, in the judgment of the Director, such removal is necessary to
the use or improvement of the road or related facilities or for the
public’s safety.
C.
If
the Director finds that a tree to be removed may have marketable or
ornamental value to the owner of the land abutting the half of the
right-of-way on which the tree is situated, the County shall first
send notice to the abutting owner, giving the owner 30 days within
which to secure a permit to alter or remove the tree or other vegetation.
If within that period of time the tree or other vegetation is not
removed or altered to the extent necessary to the public safety and
convenience as found by the Director, the County may remove or alter
the tree or vegetation and, if it is a merchantable tree, retain it
to defray the cost of removal. For purposes of giving notice under
this subsection, the owner according to the Assessor’s records
of the property abutting the half of the right-of-way within which
the tree is situated shall be deemed the tree owner. If the Director
or his or her designate determines that an emergency exists which
may affect the public safety, no notice shall be required prior to
the removal of the tree or vegetation.
(Ord. 99-18; Ord. 21-01 § 4)
After a completed application with the required fee has been
submitted, the Director shall review the application and shall issue
a permit if the proposal complies with the provisions of this chapter
and State law. The Director may impose additional written conditions
on a permit after finding that such conditions are necessary to the
public interest in the safe use of the road or the preservation of
public improvements or adjoining property. The Director shall prepare
appropriate forms to assist the applicant in providing the information
necessary for the application review. If the applicant disagrees with
the Director’s interpretation of the regulations, with the Director’s
decision to deny the permit, or with the conditions imposed by the
Director, or if the Director finds that the proposal raises problems
of public safety or problems having to do with the public use or protection
of the road, which problems are not addressed in the regulations,
then either may refer the application to the Board of County Commissioners,
which Board shall, within 30 days, afford them an opportunity to be
publicly heard and make its final decision in the matter. If the Board
finds that the proposal creates a problem to public interests in the
road that cannot be solved by the application of the regulations or
of adequate conditions, the Board shall deny the application.
(Ord. 99-18; Ord. 21-01 § 4)
Permit fees shall be established by resolution of the Board
of Commissioners and shall be paid at the time of application.
(Ord. 99-18; Ord. 21-01 § 4)
A.
The
entire cost of installing, maintaining, repairing, operating, or using
the facility and any expense incident to a facility or operation authorized
by a permit shall be paid by the applicant.
B.
The
applicant shall reimburse the County for any reasonable and necessary
expenses that the County may incur in connection with the facilities
or operations authorized by the permit. The reimbursement of the County
shall be made by the applicant within 10 days after receiving a statement
from the Director.
(Ord. 99-18; Ord. 21-01 § 4)
A.
The
applicant shall indemnify and hold harmless the County and its agents
against all damages, claims and expenses resulting from any injury
to or death of any person or from the loss of, or damages to property
when such damage, claim or expense arises out of the construction,
installation, maintenance, repair, removal, relocation, operation,
or use of the facility covered by the permit, or out of any operation
authorized by the permit.
B.
The
County, its officers, or employees shall not be held responsible or
liable for injury or damage that may occur to facilities covered by
the permit or any connection thereto by reason of road maintenance
and construction operations or resulting from motorist or road user
operations or road contractor or permittee operations.
C.
The
applicant shall employ methods in performing the operations authorized
by the permit that the Director may require in order to properly protect
the public from injury and the road from damage.
D.
During
any operations, the applicant shall maintain such flag persons, signs,
lights, flares, barricades, and other safety devices during work and
non-work hours as required by the Director.
E.
The
applicant shall minimize interference with or interruption of traffic
upon any public road. Except in emergencies, there shall be no interference
with or interruption of traffic upon and along the road until a plan
for the satisfactory handling of traffic has been prepared by the
permit holder and approved by the Director. The applicant shall notify
the Director of any emergency as soon as possible.
F.
All
traffic control and safety devices used for the protection of the
work areas shall conform to the current provisions of the Oregon Manual
on Uniform Traffic Control Devices.
G.
To
ensure compliance with the terms and conditions of the permit, the
County reserves the right to inspect actions taken under a permit
at any time and to require the applicant to correct all deviations
from the permit.
H.
Any
supervision and control exercised by the Director shall in no way
relieve the applicant of any duty or responsibility to the general
public, nor shall such supervision and control relieve the applicant
from any liability for loss, damage, or injury to persons or property.
I.
Notice
must be given to the Director at least two working days prior to commencement
of actual construction under a permit.
(Ord. 99-18; Ord. 21-01 § 4)
A.
Unless
waived in writing by the Director, the applicant or his/her contractor
shall obtain and carry, for the period of time required for the complete
installation of the facilities authorized by the permit, including
the repair and restoration of the road facilities, and also during
such future period of time when operations are performed involving
the repair, relocation, or removal of said facilities authorized by
permit, a liability and property damage insurance policy providing
coverage against any claim or suit for property damage, personal injury,
or death resulting from any activities of the applicant, agents, or
contractors in connection with the construction, installation, repair,
or removal of facilities authorized by the permit and the repair and
restoration of the road facilities. The policy shall also include
as named insured, the County, its officers, agents, and employees
except as to claims against the applicant, for personal injury to
any officers, agents, and employees of the County or damages to any
County property. The policy shall provide coverage in an amount not
less than required in ORS 30.272 and 30.273. The policy shall be by
an insurance company duly authorized and licensed to do business in
the State of Oregon. A copy of the policy shall be submitted to the
Director and approved by him or her before any work is commenced under
this permit.
B.
When
requested in writing by the Director, the applicant or his/her contractor,
shall furnish for the period of time required for the complete installation
of the facilities authorized by this permit, including the repair
and restoration of the road facilities, and also during such future
periods of time when operations are performed involving the repair,
relocation, or removal of said facilities authorized by the permit,
a bond or cash deposit in the amount specified in the special provisions
of the permit. If a bond is furnished, it must be written by a surety
company duly qualified and licensed to do business in Oregon and in
a form satisfactory to the Director. No work shall be commenced under
the permit until security has been submitted to and approved by the
Director.
(Ord. 99-18; Ord. 21-01 § 4)
A.
Any
construction, alteration or repair allowed by a permit must be completed
within six months of issuance or the permit will lapse. Upon completion
of construction, an approach permit is effective indefinitely unless
a specific period is stated in the permit or there is a change in
use of the approach road.
B.
Failure
of the applicant to comply with the terms of a permit after a ten-day
written notice from the Director shall be sufficient cause for cancellation
of a permit.
C.
The
permit, the privileges granted, and the obligations of the permit
holder created thereby shall be binding upon the successors and assigns
of the permit holder. Permit holders shall give the Director written
notice of assignment or transfer.
(Ord. 99-18; Ord. 21-01 § 4)
A.
The
applicant shall submit with any application the following:
1.
Drawings
or sketches showing in detail and to scale the location of the proposed
facility or operation with respect to existing and planned road improvements,
the traveled way, the right-of-way lines, and where applicable, the
access control lines and approved access points.
2.
The
details of the attachment method if facilities are to be attached
to a road structure.
B.
The
applicant’s completed facility shall be in conformance with
the information required by this chapter and the applicant’s
permit unless written permission is obtained from the Director to
modify during installation. When a modification is approved, applicant
shall furnish the Director four sets of as constructed drawings or
sketches.
C.
All
work in connection with the facility authorized by the permit shall
be done in a neat and workmanlike manner to the satisfaction of the
Director, and construction shall conform to the rules of the Oregon
Public Utility Commission, the Oregon Board of Health, or other governmental
agencies having regulatory authority over the facility. If the above
agencies do not prescribe standards that provide the degree of protection
substantially equal to the following industry codes, then the appropriate
industry codes shall apply.
1.
United
States of America Standards Institute, 10 East 40th Street, New York,
NY 10016:
2.
American
Petroleum Institute, 1271 Avenue of the Americas, New York, NY 10020:
API RP 1102, Recommended Practice for Liquid Petroleum Pipelines
Crossing Railroads and Highways, current issue.
3.
American
Water Works Association, 2 Park Avenue, New York, NY 10016: AWWA Standards and Specifications, current issue.
4.
National
Bureau of Standards, U.S. Department of Commerce, for sale by Superintendent
of Documents, U.S. Government Printing Office, Washington, D.C. 20401:
D.
Corrugated
metal pipe and concrete pipe used as a conduit or casing pipe or a
gravity flow carrier pipe shall, as a minimum, conform to requirements
of the current issue of State of Oregon, Standard Specifications for
Highway Construction. Smooth iron or steel pipe used as a conduit
or casing pipe shall be the standard type used for pressure pipe.
E.
No
trench shall be excavated with a top width in excess of 24 inches
more than the outside diameter of the pipe, conduit, or cable to be
installed unless permission is obtained from the Director.
F.
The
backfilling of all trenches and tunnels must be accomplished immediately
after the facility authorized by the permit has been placed therein
and must be well tamped and compacted to an approved density so as
to allow the least possible amount of subsequent settlement.
G.
All
debris, refuse, and waste of all kinds which may have accumulated
upon the road right-of-way by reason of the operations of the applicant
shall be removed immediately upon completion of the said operations,
and the road right-of-way restored to the condition it was prior to
construction.
H.
Unless
permission is obtained from the Director to open cut for pipeline
or conduit which crosses under the surfaced portion of the road and
shoulders, road or street connections, road approaches, or driveways,
the permit holder shall jack, bore or drive under the surface in accordance
with the following provisions.
1.
Trenching
shall be no nearer the toe of the fill slope in fill sections or the
point where the outer edges of the surfacing meets the sub-grade and
a minimum of four feet from the edge of the pavement.
2.
Jacking,
driving, or boring shall be by a method approved by the Director which
will hold disturbances of surrounding material to a minimum. Sluicing
and jetting is not permitted. Voids or displacement outside the outside
perimeter of the pipe, conduit, or cable where greater than one-tenth
foot, shall be filled with sand or cement grout packed in place.
I.
When
permission is granted to open cut the surfaced portion of the road,
the following provisions shall be followed.
1.
Trench
edges in paved areas shall be sawn or cut to neat lines by methods
satisfactory to the Director to a depth sufficient to permit removal
of pavement without damage to pavement to be left in place. Pavement
within the cutting limits, together with all other excavated material,
shall be removed and disposed of outside of the road right-of-way.
2.
No
more than half of the traveled way shall be trenched at one time unless
steel plates are used to provide continuous traffic controlled access
in one lane.
3.
Closure
of intersecting streets, road approaches, or other access points will
not be permitted. Upon trenching across such facilities, steel running
plates, planks, or other satisfactory methods shall be used to provide
for traffic to enter or leave the road or adjacent property.
4.
No
more than 300 feet of trench longitudinally along the road shall be
open at one time and no trench shall be left in open condition overnight.
Steel plating of open trenches overnight will be allowed.
5.
Immediately
after a facility authorized by a permit has been placed in a trench
outside of a roadway, the trench shall be backfilled with compacted
granular material which cannot be ribboned out between the finger
and thumb, and which is free from humus, organic matter, vegetable
matter, frozen material, clods, sticks and debris, and contains no
stones having a dimension greater than three inches.
6.
Immediately
after a facility authorized by a permit has been placed in a trench
within a roadway, the trench shall be backfilled with a flowable fill
material, or controlled density fill (CDF), or 3/4 – 0 inch
aggregate as directed by the County. This material shall be placed
to an elevation that will allow placing the following foundation material
and wearing surface:
a.
Where original surface was asphalt concrete, concrete or bituminous
treatment or mix, “t cut” with a cut-off saw, a minimum
of 24 inches outside of the edge of the trench cut:
i.
Wearing Surface. Asphalt concrete placed to a compacted thickness
of four inches or the thickness of the removed pavement, whichever
is greater.
ii.
Foundation Material. Either one-inch or three-quarter-inch aggregate
placed to a compacted thickness of 12 inches or the thickness of the
removed stone base, whichever is greater.
b.
Where original surface was crushed rock or gravel: either one-inch
or three-quarter-inch aggregate placed to a total compacted thickness
of four inches or the thickness of the removed stone base and wearing
surface, whichever is greater.
7.
For
a period of one year following the patching of the paved surface,
the applicant shall be responsible for the condition of pavement patches
and, during that time, shall, upon request of the Director, repair
to the Director’s satisfaction any patches which become settled,
cracked, broken, or otherwise faulty.
J.
Unless
permission is obtained from the Director, direct burial of cable placed
by the ploughing method shall be limited to a minimum of four feet
outside the surfaced portion of the road.
K.
Standard
warning signs for buried power or communications cable and for pipelines
carrying gas or flammable liquids shall be placed at each crossing
under the road and at intervals along longitudinal installations as
required by current PUC order, or as specified by the Director:
L.
Pole
line locations over the roadway shall have a minimum height of the
lowest wire at 20 feet; locations parallel and not on the traveled
portion, the minimum height of the lowest wire shall be 18 feet. Poles
shall be located not less than 12 feet from the edge of pavement on
paved-surfaced roads, or not less than eight feet from the shoulder
on gravel-surfaced roads. Wherever possible, poles shall be located
along the tangent sections of roads and on the short curve radius
side of curves. Poles to be located on the long radius side of curves
will require additional approval by the Director and will be subject
to special conditions.
M.
Pedestals
installed as part of a buried cable installation are to be located
one foot from the right-of-way line unless permission is obtained
from the Director to locate elsewhere. In no case shall the pedestals
be located within the road maintenance operating area, including mowing
operations, or nearer the pavement edge than any official highway
sign in the same general location.
N.
The
buried cable or pipe depths shown on the permit form represents the
distance from the top of the surface or ground line to the top of
the cable or pipe.
(Ord. 99-18; Ord. 21-01 § 4)
To the extent that standards have not otherwise been adopted
by the County, the County adopts, pursuant to ORS 368.205, as standard
specifications for construction, improvement and repair to public
roads, the standard specifications for highway construction adopted
by the Oregon Department of Transportation.
(Ord. 99-18; Ord. 21-01 § 4)
A.
Permits
issued under this chapter are subject to modification by the County
including removal, relocation, or repair of any facility covered by
the permit at the sole cost of the applicant.
B.
Upon
receiving written notice from the Director to remove, relocate, or
repair a facility, the applicant shall, within 30 days, make arrangements
for the work to be done at the permit holder’s cost, in accordance
with the notice and instructions received from the Director. Before
commencing this work, the permit holder shall furnish such insurance
and post such bond as required by the Director.
C.
Should
the permit holder fail to remove, relocate, or repair the facility,
the Director may remove, relocate, or repair it and submit a statement
of costs for the work to the permit holder. Upon receiving the statement,
the permit holder shall pay to the County the full amount of removal,
relocation, or repair costs. The applicant, in obtaining a permit,
also agrees to pay statutory court costs, disbursements, and attorney
fees if an action must be commenced to obtain costs billed pursuant
to this section.
(Ord. 99-18; Ord. 21-01 § 4)
Nothing in a permit issued pursuant to this chapter is intended
to grant rights or imply approval in areas not falling within the
authority and jurisdiction of the Director. It is the responsibility
of the applicant to determine the need for and to obtain such licenses,
permits, or other form of approval that may be otherwise required
by Clatsop County or by state agencies, federal agencies, cities,
utility companies, and railroads.
(Ord. 99-18; Ord. 21-01 § 4)
A.
If
any person fails to obtain a permit or to comply with the appropriate
regulations or permit conditions, the Director may remove or correct
the installation and recover the cost from the person responsible.
B.
In addition, any person who violates or fails to comply with any of the provisions of this chapter commits a Class B violation under Chapter 1.11. A separate offense may be deemed committed each day during or on which such unlawful condition is maintained or continued after citation or notice of violation has been given.
C.
The
decision to enforce any permit requirement or condition is not a ministerial
act but rather a decision left to the discretion of the Director.
(Ord. 99-18; Ord. 21-01 § 4)
