City of Springfield, OR STREETS

In addition to payment of the application and publication fees referenced in section 3.203, a vacation of improved or unimproved public right-of-way, any public way acquired with public funds, or any undeveloped subdivision or partition plat, or portions thereof, shall require the payment to the city by the applicant of an amount equal to the assessment of special benefit resulting or inuring to the abutting property that results from the vacation and disposition of property to the benefited property owners.

In vacating a public right-of-way, whether initiated by council, or by petition as provided by section 3.200, the assessed value of special benefit that results from the vacation and disposition of property to the benefited abutting property owners shall include:

The value of the real property;

The costs incurred by the city in the construction of public improvements, if any such improvements have been made; and

The value of any public easements or reservations retained by the city.

The assessment of special benefit and the amount of money to be deposited shall be recommended by the city manager and approved by the city council. The city council may waive the assessment of a special benefit if the council determines it is in the public interest.

In determining the value of the special benefit the council shall consider any relevant appraisals the city possesses, public information in the files of the Lane County department of assessment and taxation or successor agency, and other sources relevant to the determination of value. The owners may request city to obtain evidence of value from a licensed real estate appraiser employed by city with the costs of the appraisal paid in advance by owner.

At least five working days prior to the public hearing, the property owner shall deposit with the city the amount of money recommended by the city manager. If the vacation application is approved by the city council, the deposit shall be retained by the city as directed by the city council if the vacation application is denied by the city council, the deposit shall be returned to the property owner. The property owner shall deposit the amount of money recommended by the city manager with the fees for vacation and notice.

In lieu of paying the assessment the owners may make application to pay the sum of money due in installments, as provided in the Bancroft Bonding Act, in the same manner as other assessment liens in the city. In such case the city council shall include in the vacation ordinance the amount of the assessment and direct the finance director to enter such assessment in the docket of city liens.

[Section 3.204 amended by Ordinance No. 6123, enacted March 21, 2005]

3.205 Vacation—Notice.

Notice of the proposed assessments for benefits shall be given pursuant to Article 9 of the Springfield Development Code by first class mail or by personal service to the owners of the property to be assessed no less than 20 days prior to the public hearing of the vacation application before the council meeting at which assessments are to be considered or made. The notice shall contain a statement of the names, addresses, and the amount of the proposed assessment of each property owner’s special benefit by the vacation and the hour, date, and place of the public hearing at which the city council will hear objections to the vacation or assessment.

[Section 3.205 added by Ordinance No. 6123, enacted March 21, 2005]

3.206 Vacation—Rights.

All vacation ordinances shall contain the following statement: “Nothing herein contained shall cause or require the removal of, or the abandonment of any sewer, water main, gas main, conduit of any kind, direct-buried cable, wire, pole or thing used or intended to be used for any public service. The right is hereby reserved for the owner of any such utility or thing to maintain, continue, repair, reconstruct, renew, replace, rebuild, and enlarge any and all such things.”

[Section 3.206 amended by Ordinance No. 5891, enacted May 18, 1998]

3.208 Work On or Under Surface—Encroachment Permit Required.

It shall be unlawful for any person to temporarily store articles as defined in section 5.052 on or during construction, to cut, break, dig up, damage in any manner, bore, jack or in any way temporally or permanently alter the surface of any highway, road, street, sidewalk, alley or other public way within the corporate limits of the city without first obtaining an encroachment permit as provided in this article, provided, however, that a property owner may do non-utility work not inconsistent with the terms of the easement within a public utility easement located on his or her property. The violation of the provisions of this article shall be an infraction within the meaning of chapter 5 of this code.

For the purposes of this article “public way” shall have the meaning set forth in section 4.600(11) of this code.

No encroachment permit shall be required for the extension, repair, replacement, relocation, etc., of utility lines, including telecommunications facilities, when the work is in conjunction with public improvement projects.

No encroachment permit shall be required for work done behind a sidewalk or in the park strip (e.g., the replacement of meter boxes, utility poles, etc., as long as the pavement or travel potion of the public right-of-way, including the curb, gutter, sidewalk or driveway, is not cut, bored, jacked, etc.)

Whenever an encroachment permit is required, the permit or a copy thereof shall be located at the work site while the work is being performed.

[Section 3.208 amended by Ordinance No. 5891, enacted May 18, 1998]

3.210 Work On or Under Surface—Security Deposit and Insurance.

Before the issuance of any permit under this article, the public works director shall require the applicant:

To deposit such reasonable security as the director requires to comply with the provisions of this article and with the city’s specifications pertaining to the conduct of the work;

To agree to defend, indemnify and hold harmless the city from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit;

To carry public liability insurance sufficient in the judgment of the director to save the city and its employees harmless against any injury or damage resulting from the acts of the applicant related to conduct of the work; and

To file a permits status report covering the work within 48 hours of its completion.

The security deposit will be refunded when it is determined by the public works directors at the time of the 11 month inspection as required in section 3.222 that the work area in the public right-of-way is in as good a condition or better than it was before the issuance of the encroachment permit.

A utility or contractor who does more than occasional work in the public ways may elect to obtain a blanket surety bond to cover all work for a period of one year in an amount to be determined by the public works director, but not to exceed $500,000.00. The amount of the surety bond will be based upon the anticipated number of projects to be completed within one year. Unless renewed, the surety bond will be refunded, as above, after the last 11 month inspection required.

No encroachment permit shall be issued by the public works director for storage of articles in the public right-of-way during construction until the applicant first obtains and furnishes to the city a copy or certificate of insurance in a sum of not less than $500,000.00 per occurrence for property damage, personal injury or wrongful death. Such insurance shall name and insure the city from any and all liability or damages to persons or property sustained by any person, firm or corporation resulting from the use of street, alley, sidewalk or other public way for which a permit is granted.

A utility or contractor who does more than occasional work in the public way in the course of one year may elect to have a copy of its liability insurance on file with the city in lieu of the above. In such cases, confirmation of insurance shall be required each year.

[Section 3.210 amended by Ordinance No. 5891, enacted May 18, 1998]

3.212 Work On or Under Surface—Application for Encroachment Permit.

Applications for the encroachment permit shall be on the form prescribed by the public works director, and accompanied by the fee therefor, in an amount fixed by the council by resolution.

Applications shall not be complete unless accompanied by the following:

Four copies of the work plan (the work plan shall be a map showing the work site location, the type of work and the dimension of the work, etc.);

If applicable, a copy of a certificate of insurance as required in section 3.210(2);

If applicable, a state or county permit for work in the state or county right-of-way within the corporate limits of the city;

Any other information deemed necessary by the public works director.

The amount of security deposit required in section 3.210 and the temporary storage fee required in section 5.052(2)(a), if applicable, will be determined during the plan checking process and will be due at the time the permit is issued.

The application process for the installation of tees or the correction to existing sanitary and storm sewer lines requiring excavation of the public way shall follow building permit sewer hook-up procedures, and shall require issuance of an encroachment permit provided; however, that the applicant need not comply with subsection (2)(a) of this section.

[Section 3.212 amended by Ordinance No. 5891, enacted May 18, 1998]

3.214 Work On or Under Surface—Issuance of Encroachment Permit.

The public works director shall issue an encroachment permit if:

After the normal review process, he/she is satisfied that the proposed temporary storage of articles and/or work to be done in the public way is feasible and proper; and

That the application has been made in accordance with this article.

At the time of issuance of the encroachment permit, the applicant shall:

Deposit with the city of Springfield such security as determined by the public works director as provided for in section 3.210(1) unless a blanket surety bond is already in effect;

Pay the fee for the temporary storage of articles in the public right-of-way during construction as provided for in section 5.052(2)(a), if applicable;

The rates and charges provided in sections 3.212(1) and 3.214(3) for incurred costs based on the use or availability for use of the public way, the availability of which is necessary for the regulation of and provision for, the public health, safety and welfare. The charge is controlled by the user’s (or potential user’s) request and choice of the kind, nature and quantity of use.

Exceptions:

In case of emergency, the normal review process will be waived by the public works director. When so waived, the applicant will be able to perform the work at once, however, the applicant shall still obtain an encroachment permit as required in this article.

A franchise holder, or party to a public way use agreement, under its agreement with the city, or a utility making a payment to the city in lieu of taxes will not be required to pay the permit fee for the encroachment permit.

[Section 3.214 amended by Ordinance No. 5891, enacted May 18, 1998]

3.216 Work On or Under Surface—Conduct of Work.

The conduct and quality of work performed in the public way shall be governed by:

This article;

The terms of the application and permit;

The city of Springfield Standard Construction Specifications;

The requirements of the current edition of the U.S. Department of Transportation, Federal Highway Administration’s Manual on Uniform Traffic Control Devices for Streets and Highways (hereinafter MUTCD, and as amended by the Oregon State Department of Transportation (hereinafter ODOT) supplements, all signs shall comply with any special provisions of the city of Springfield; and

Chapter 44 of the State Building Code.

The cutting of pavement surfaces, benching, filling, and repair of pavement surfaces shall conform to city of Springfield Standard Construction Specifications.

Sections of sidewalk or driveway approaches shall be removed to the newest score line, saw-cut edge or cold joint.

Traveled areas shall be backfilled and either temporarily patched or permanently restored within one working day after excavation, but no later than 5:00 p.m. on Friday in order to eliminate weekend traffic disruption and inconvenience. Permanent pavement restoration shall be accomplished within two working days of any temporary pavement patch, weather permitting. All backfills, temporary patches, and permanent pavement restoration shall be in accordance with city of Springfield Standard Construction Specifications.

At the close of each work day, all waste material shall be removed and the work area shall be restored to a condition satisfactory to the public works director.

During the period between permit issuance and final inspection approval, the permit holder is responsible for the cleanliness and general condition of all affected streets, alleys, sidewalks, bike paths, parking lots and other public ways. Each permit holder shall be responsible for not less than the complete frontage of the property covered by the permit and from the centerline of the street or other public way to the property line.

Upon completion of all work, the permit holder shall notify the utilities coordinator of the city of Springfield by completing and returning the Permit Status Report.

(8)

The permit holder shall repair at its own expense any settlement, defect or damage that may arise as a result of the excavation from the time of the completion of the work until the 11 month inspection as required in section 3.224(3).

[Section 3.216 amended by Ordinance No. 5891, enacted May 18, 1998]

3.218 Work On or Under Surface—Safeguards.

It shall be the duty of the permit holder to safeguard the work area within the public way with appropriate signs, barricades, and warning lights in a manner consistent with section 3.216(1)(d) and (e).

The permit holder shall be responsible for furnishing security personnel at the work site when, in the opinion of the public works director, the public safety is so seriously endangered by any work within the public right-of-way as to require constant supervision from dusk to daylight to insure that all signs, barricades, and warning lights are in proper condition and that traffic is properly routed around same.

[Section 3.218 amended by Ordinance No. 5891, enacted May 18, 1998]

3.220 Work On or Under Surface—Inspection.

The following inspections of the work site are required to determine compliance with the provisions of sections 3.200 to 3.226:

While work is in progress;

At the time of completion;

Eleven months from the time of completion.

[Section 3.224 renumbered to be 3.220 by Ordinance No. 5891, enacted May 18, 1998]

3.222 Work On or Under Surface—Failure to Comply.

If an encroachment permit is required and not obtained, the public works director may order an immediate halt to work being performed in the public way until such time that a permit is obtained and located at the work site. In such a case, the amount of the permit fee shall be two times the normal fee and the violator shall be subject to a civil penalty not to exceed $500.00. Each day of such operation shall be a separate violation. This penalty shall apply to all contractors, utilities, etc., regardless of exemptions under section 3.218(5)(c).

Whenever a permit holder engaged in construction on public or private property is determined to be in violation of this section, the building official or his/her designee may cause a notice to be posted upon the building site informing the permit holder that no further inspections will be made or approvals granted until all injurious or unsightly substances have been removed from the street, alley, sidewalk, bike path, parking lot or any other public way. Whenever injurious or unsightly substances from several distinct building sites have contributed to the violations of this section, the building official or his/her designee may cause such notice to be posted on each building site fronting on the affected street, alley, sidewalk, bike path, parking lot or other public way.

If a permit holder fails to comply with any requirements of this article, the public works director may order an immediate halt to work being performed in the public way and/or direct city personnel to perform the work and/or remove any stored articles. In addition to any other penalties imposed by law, the cost necessary to perform the work and/or remove any stored articles will be charged to the permit holder involved at a rate of three times the city’s labor, equipment and material costs, plus 40 percent overhead, or $200.00, whichever is greater.

[Section 3.222 amended by Ordinance No. 5891, enacted May 18, 1998]

3.223 Placement of Signs in the Public Right-of-Way.

For the purpose of this chapter, these terms shall be defined as follows:

Banner.

Any non-rigid material such as canvas, vinyl or cloth, with no enclosing framework that contains advertising copy.

Over-the-Street Banner.

A banner that hangs between two poles that straddle the city street at locations designated by the city.

Open Banner.

A double sided, embroidered banner displayed in the downtown or Mohawk area that is attached to a pole, purchased and installed by the city, and advertises a business or organization.

Pole Banner.

A banner attached to city utility poles or traffic signal poles at designated areas throughout the city.

Portable Signs.

A single- or double-faced sign which is temporary in nature. The sign or sign frame is not permanently attached to a structure or ground, and does not meet the definition of a banner. Also called sandwich board signs.

No banner or sign as defined in section 3.223(1) of this code shall be placed in, upon, over or under the public right-of-way unless the owner of such a banner or sign shall have received a permit for a banner or a sign authorizing the placement of such banner or sign. Any violation of this provision shall be an infraction within the meaning of Chapter 5 of this code.

All banners and signs defined in section 3.223(1) of this code shall be displayed in accordance with the following terms and conditions:

All banners and signs shall follow the city’s specification and design requirements.

The city will install over-the-street and pole banners. The applicant must secure permission from the applicable road authority for over-the-street and pole banners that are at a location other than a city street.

Over-the-street and pole banners may only be used to promote public service activities that provide a benefit to the community as a whole and are sponsored by governmental or non-profit organizations.

Open banners may only be used by businesses participating in the open banner program and displayed during business hours.

Portable signs may only be displayed only during the regular business hours of the business presenting the portable sign.

Banners or signs placed in the public right-of-way must not create a hazard or interfere with pedestrian and/or vehicular travel.

Portable signs shall be placed to conform to all relevant portions of the Americans with Disabilities Act, and maintain a continuous, clear accessible route of travel upon the sidewalk and provide a width of 36 inches or more.

Portable signs shall be placed to avoid conflict with opened doors of parked vehicles.

The banner or sign shape, colors and appearance shall not be similar to any traffic control device. The final determination of banners or signs that are unacceptable due to appearance similar to traffic control devices shall be made by the city traffic engineer.

The applicant for any banner or sign as defined in section 3.223(1) of this code shall agree to defend, indemnify and hold harmless the city from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit.

The applicant for any banner or sign as defined in section 3.223(1) of this code shall carry public liability insurance sufficient in the judgment of the city manager or his/her designee to save the city and its employees harmless against any injury or damage resulting from the acts of the applicant related to conduct of the work.

Applications for a banner or a sign permit as defined in section 3.223(1) of this code shall be on the form prescribed by the city and accompanied by the fee therefor, in an amount fixed by the council by resolution.

[Section 3.223 added by Ordinance No. 6302, enacted October 21, 2013]

3.224 Placement of Devices or Structures in the Public Way.

No structure or device shall be placed in, upon, over or under the public way unless the owner of such structure or device shall have received a placement permit authorizing the placement of such structure or device. Any violation of this provision shall be an infraction within the meaning of chapter 5 of this code.

Unless otherwise specified in a placement permit license, public way use agreement, or franchise agreement, all structures and devices shall be constructed, installed and located in accordance with the following terms and conditions:

Where existing utility poles exist, telecommunication facilities shall be installed on utility poles to the extent there is useable space.

Where useable space does not exist on existing utility poles and cannot be made available consistent with the provisions of the Springfield Development Code, or where existing telephone, electric utilities, cable facilities or telecommunications facilities are located underground, telecommunications facilities shall be installed underground within a non-conductive duct or conduit including, if capacity exists, within an existing underground duct or conduit.

Whenever any new or existing telephone, electric utilities, cable facilities or telecommunications facilities are required to be located or relocated underground within a public way, the public works director may direct that any other licensee or franchisee that currently occupies the same public way concurrently relocate its facilities underground at its expense, if underground location of such facilities is required by the provisions of article 32 of the Springfield Development Code; provided, however, that nothing in this subsection shall require the relocation of electrical transmission lines and backbone distribution features covered by section 32.120(2) of the Springfield Development Code.

Whenever new telecommunications facilities will exhaust the capacity of a public way reasonably to accommodate future telecommunications carriers, the licensee or franchisee placing such facility may be required to provide additional ducts, conduits, maintenance holes and other facilities for nondiscriminatory access to future telecommunications carriers at its expense.

The utility placing such facilities shall remove and relocate such facilities within 120 days after receiving notice in writing to do so from the city. Such removal or relocation shall be without cost or expense to the city whenever the city shall have determined that such removal, relocation, change or alteration is reasonably necessary for:

(i)

The construction, repair, maintenance or installation of any city or other public improvement in or upon the public ways;

(ii)

The construction, installation or improvement of public way by a private developer as a condition of property development;

(iii)

The operations of the city or other governmental entity in or upon the public rights-of-way;

(iv)

The public interest.

When removal or relocation is required for the convenience or benefit of any private person, or non-governmental agency or instrumentality, utility shall be entitled to reimbursement for the reasonable cost thereof from such person, agency or instrumentality, to the extent permitted by law.

(g)

All structures and devices placed underground shall be locatable underground facilities within the meaning of ORS 757.541(6).

[Section 3.224 amended by Ordinance No. 5891, enacted May 18, 1998; further amended by Ordinance No. 6106, enacted December 6, 2004]

3.226 Location of Structures or Devices in the Right-of-Way.

For the purpose of this chapter, these terms shall be defined as follows:

Excess Capacity.

The volume or capacity in any existing or future duct, conduit, maintenance hole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities, including that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the public utility commission, to allow its use by a telecommunications carrier for a pole attachment.

Overhead Facilities.

Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

Underground Facilities.

Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.

Usable Space.

The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the public utility commission.

Prior to placing a structure or device in the right-of-way, the owner of such structure or device shall secure a placement permit, which permit shall also serve as an encroachment permit.

Applications for placement permits shall be on the form prescribed by the public works director and accompanied by the fee therefor, in an amount fixed by the council by resolution.

Applications shall not be complete unless accompanied by the following:

A copy of the applicant’s utility license, public way use agreement or franchise agreement;

Preliminary engineering plans, specifications and a map of the facilities located in or to be located within the public ways in the city, all in sufficient detail to identify:

(i)

The location and route requested for applicant’s proposed facilities,

(ii)

The location of all existing overhead and underground public utility, telecommunication, cable, water sewer drainage and other facilities in the public way which may be affected along the proposed route,

(iii)

The location(s), if any, for interconnection with the facilities of other utilities,

(iv)

A description of the facility to be placed;

If the applicant is proposing to install overhead facilities within the public ways, evidence that useable space is available for locating its facilities on existing utility poles along the proposed route, or a duly executed pole attachment agreement with an owner of existing poles;

Identification of any adverse circumstances affecting the use of the public way, and a description of efforts to mitigate such circumstances;

Four copies of a work plan and schedule showing when and how the placement shall be accomplished;

If applicable, a certificate of insurance, as required under section 3.210(1);

(g)

If applicable, a state or county permit for work in the state or county right-of-way within the corporate limits of the city;

(h)

Evidence that the applicant is a subscriber to the Oregon Utility Notification Center;

(i)

Any other information deemed necessary by the public works director.

At the election of the applicant, the applicant may file a comprehensive telecommunications placement plan which describes all facilities it presently intends to install. Such plan is subject to approval of the public works director and may be modified from time to time by the applicant with the approval of the public works director. The fee for review of such plan shall be fixed by the council by resolution.

If an applicant has on file an approved comprehensive telecommunications placement plan, any application for a placement permit hereunder which is consistent with such approved plan shall be deemed approved unless the public works director notifies the applicant, within 48 hours of submission, that the application is disapproved, stating the reasons for disapproval.

(8)

If an applicant does not have on file an approved plan, the public works director shall grant a placement permit under such terms and conditions as he/she shall deem appropriate if he/she shall find that the applicant has demonstrated:

Compliance with requirements of applicable state and federal laws and regulations;

The capacity of the public ways to accommodate the applicant’s proposed facilities;

The capacity of the public ways to accommodate additional utility facilities if the license is granted;

The absence or minimization of damage or disruption of public or private facilities, improvements, service, travel or landscaping if the license is granted;

The minimization of the cost and disruption occasioned by construction within the public ways;

Measures taken to address any adverse effect on public health, safety and welfare if the license is granted;

(g)

The availability of alternate routes and/or locations for the proposed facilities;

(h)

Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.

(9)

The permit shall authorize the placement of such device or structure by boring or jacking only, unless the public works director shall determine it is in the best interests of the city to allow the placement by open trenching.

(10)

Upon completion of all work, the permit holder shall notify the utilities coordinator of the city of Springfield by completing and returning the permit status report, accompanied by asbuilt drawings in such form as shall be determined by the public works director.

(11)

A holder of a utility license, a party to a franchise agreement or public way use agreement, including a utility making a payment in lieu of taxes, may apply to the public works director for an annual placement permit covering underground individual service connections. Such annual permit, if granted, shall require the applicant to:

Provide 48 hours notice of work through the utility notification system;

Conduct all work pursuant to the requirements of sections 3.212 through 3.222 of the code;

Supply as-built drawings, in such form as the city shall require, for each installation or connection;

Provide a monthly report to the city listing all activities performed pursuant to the permit;

Provide and maintain a list describing the sizes and types of facilities to be placed pursuant to the permit;

Designate an individual responsible for coordinating these activities with the city and for responding to the city should additional information be required.

The annual placement permit shall not be applicable to any installation requiring a cut in the right-of-way between curb lines.

The public works director shall deny such permit if the applicant is in violation of any of the provisions of this chapter or if the applicant has on three or more occasions in the 12 months preceding the date of application conducted any operations in the public way in violation of the provisions of this chapter. Such permit, if granted, shall be subject to revocation upon a finding by the public works director that the permittee has, on three or more occasions in the immediately preceding 12 months, conducted operations in the public way in violation of the provisions of this chapter.

[Section 3.226 amended by Ordinance No. 5891, enacted May 18, 1998; further amended by Ordinance No. 6106, enacted December 6, 2004]

3.228 Relocation or Removal of Facilities.

Within 30 days following written notice from the city, a licensee or franchisee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any facilities within the right-of-way whenever the city manager or designee shall have determined that such removal, relocation, change or alteration is reasonably necessary for:

The construction, repair, maintenance or installation of any city or other public improvement in or upon the right-of-way;

The operations of the city or other governmental entity in or upon the right-of-way;

The vacation of a public street.

[Section 3.228 added by Ordinance No. 5891, enacted May 18, 1998]

3.230 Removal of Unauthorized Facilities.

Within 30 days following written notice from the city, any licensee or franchisee, utility, telecommunications carrier, or other person that owns, controls or maintains any unauthorized system, facility or related appurtenances within the public ways of the city shall, at its own expense, remove such facilities or appurtenances from the public ways of the city. If such person fails to remove such facilities or appurtenances, the city may cause the removal and charge the owner for the costs incurred, plus 40 percent overhead, or $200.00, whichever is greater. A system or facility is unauthorized and subject to removal in the following circumstances:

Upon expiration or termination of the grantee’s license or franchise;

Upon abandonment of a facility within the public ways of the city;

If the system or facility was constructed or installed without the prior grant of a license or franchise;

If the system or facility was constructed or installed without the prior issuance of a required permit;

If the system or facility was constructed or installed at a location not permitted by the grantee’s license or franchise;

Any such other reasonable circumstances deemed necessary by the city manager or designee.

[Section 3.230 added by Ordinance No. 5891, enacted May 18, 1998]

3.232 Failure to Relocate.

If a license holder or franchisee is required to relocate, change or alter the facilities hereunder and fails to do so, the city may cause such to occur and charge the grantee for the costs incurred, plus 40 percent overhead, or $200.00, whichever is greater.

[Section 3.232 added by Ordinance No. 5891, enacted May 18, 1998]

3.234 Emergency Removal or Relocation of Facilities.

The city retains the right and privilege to cut or move any facilities located within the public ways of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency.

[Section 3.234 added by Ordinance No. 5891, enacted May 18, 1998]

3.240 Street Naming—Purpose.

In order to preserve and promote public health, safety and welfare of the city, these regulations are implemented:

Establish the uniform naming of all streets both public and private within the city in order to avoid duplicate street names;

Provide for and assign property addresses for all residences and businesses along these streets;

Provide for an understandable system of street names to facilitate accessing and finding locations by fire and life safety, police and the general public;

Establish procedures for changing the name of a proposed street or an existing street;

For the purpose of sections 3.240 through 3.248 of this code, the term “street” shall be defined as a roadway or associated entire right-of-way, publicly or privately owned, serving primarily as means of vehicular, bicycle and pedestrian travel, and furnishing access to abutting properties. The term “street” includes avenue, court, place, way, drive, lane, boulevard, highway, road, and any other similar word.

[Section 3.240 added by Ordinance No. 6131, enacted July 5, 2005]

3.242 Street Naming—Responsibilities.

The planning manager may approve, modify or deny any street name proposed by a developer during the subdivision approval process as specified in the Springfield Development Code. The planning manager shall determine what street type to be used, i.e., avenue, court, place, way, drive, lane, boulevard, highway, road, and any other similar word. If the planning manager denies a proposed street name for any reason other than the name is a duplicate to an existing street name, see section 3.244(2) of this code, the developer may utilize the public process for street name changes in accordance with section 3.248 of this code.

The common council shall designate all other new street names or street name changes in accordance with section 3.248 of this code.

The community services manager shall make property address assignments in accordance with section 3.246 of this code.

The public works department shall be responsible for posting and maintaining public street signs for all public streets, except at intersections with a county road or state highway.

The property owner (or homeowner’s association, when applicable) shall be responsible for posting and maintaining property addresses and for posting and maintaining any private street name signs.

[Section 3.242 added by Ordinance No. 6131, enacted July 5, 2005]

3.244 Street Naming—Naming Policies.

The following policies will apply to the naming of all streets within the city and its urbanized area:

Where feasible, new streets running predominantly north and south shall be consecutively numbered and streets running predominantly east and west shall be lettered or named in accordance with the alphabet.

New streets that are in reasonable alignment with existing named streets shall bear the names of those existing streets; and

Names for new streets that are not in alignment with existing streets shall be determined by the planning manager in accordance with section 3.242(1) of this code.

New street names or changes to existing street names shall not duplicate the name of any existing street in the city or its urbanized area.

[Section 3.244 amended by Memorandum, dated July 26, 2005; added by Ordinance No. 6131, enacted July 5, 2005]

3.246 Street Naming—Address Policies.

Where feasible, property addresses shall be addressed as follows:

All addressing of addresses on streets running predominantly north and south shall commence at Main Street beginning with the number “100.” Addressing north of Main Street shall not include the word “North.” Addressing south of Main Street shall include the word “South” for only lettered streets, i.e., “South A Street” and numbered streets, i.e., “South 5th Street” or “South 37th Place.”

All addressing of addresses on streets running predominantly east and west shall commence at Mill Street beginning with the number “100.” Addressing east of Mill Street shall not include the word “East.” Addressing west of Mill Street shall include the word “West” for only lettered streets, i.e., “West D Street” or the continuation of already named streets, i.e., “West Quinalt Street.”

For addresses on streets running predominantly north and south, the odd numbers shall be on the east side of the street; and the even numbers on the west side of the street.

For addresses on streets running predominantly east and west, the odd numbers shall be on the south side of the street; and the even numbers on the north side of the street.

All addresses shall be determined based upon the location of the driveway serving the property. The numbers shall be properly affixed on or near the buildings or displayed in some other manner clearly visible from the street fronting the property. In order for numbers to be clearly visible from the street for police and emergency vehicles, the numbers shall be no less than four inches high and in a color in contrast to the building background. Multi-unit dwellings shall be assigned a numbered street address with each dwelling unit also being assigned an apartment number (example: 1234 Main St., Apt. 1). Multi-unit business structures shall be assigned a numbered street address with each business also being assigned a suite number (example: 1234 Gateway St., Suite 1).

[Section 3.246 added by Ordinance No. 6131, enacted July 5, 2005]

3.248 Street Naming—Change of New or Existing Street Name.

The common council shall have the authority to change the name of any proposed new or existing street in the city by ordinance. The following procedures, where applicable, shall be used in considering changes in street names:

A citizen shall submit an application to the city requesting a change of a new or existing street name and pay the applicable fee; or the common council, on their own motion, may request staff to process a street name change.

In the case of a name change to an existing street submitted by a citizen, the applicant shall include the signatures of majority of the property owners along the street who support the proposed name change, state the reasons for the proposed street name change and why the street naming policies in section 3.244 of this code, cannot or should not be met.

The common council shall consider the street name change request at a public hearing.

Notice of the public hearing shall be placed in a local newspaper. In the case of a name change to an existing street, written notice shall also be provided not less than two weeks prior to the hearing to the property owners and residents abutting the street in the area of the proposed name change.

The planning manager, who may be advised by the fire marshal, the community services manager, the transportation manager and/or the L-COG road naming committee, shall prepare a staff report containing a recommendation on the proposed street name change.

In the case of a name change to an existing street, the common council may consider the following factors in order to support their decision: the date of the original dedication of the street; the length of time the street name has been used; the number of existing addresses affected and possible inconvenience to residents, property owners and the public; the street naming policies of section 3.244 of this code; whether there is a public need for the proposed change; other issues raised during the public testimony and any other factors deemed relevant by the common council. As a condition of approval, the applicant may be required to pay for replacement street signs.

At the close of public hearing, the common council shall approve, approve with conditions or deny the request. The common council’s decision shall be final.

The city recorder will file certified copies of all street name change ordinance with the Lane County clerk, tax assessor and surveyor and the L-COG road naming committee.

In the case of a name change to an existing street, the city will mail notice to all residents and property owners along the street notifying them of the proposed street name change and any corresponding change in house numbers.

In the case of a name change to an existing street, residents and property owners shall be responsible for notifying their utility companies, mortgage companies, businesses with whom they correspond, magazine subscriptions etc.