Forest Grove, OR Code of Ordinances ∙ Excavation and Deposit Permits
§ 151.046 DEPOSIT ON STREETS. (Prior Code, § 3.210) (Ord. 2013-13, passed 1-13-2014) Penalty, see § 10.99
(A) No person shall deposit any article or material on any street without first securing a permit from the City Manager or designee and paying the required fee.
The permit may be denied if the Manager or designee determines that the article or material will seriously impede traffic or unduly obstruct the view of motor vehicle
drivers.
(B) No permit is required if the article or material is being delivered, does not obstruct traffic or the vision of motor vehicle drivers, and does not remain on the
street for more than three hours.
(C) A holder of a permit to deposit any article or material on the street shall provide adequate safeguards, railing, lights, and markers to warn persons passing by.
(D) No deposit permit shall be effective for longer than 72 hours.
§ 151.047 STREET EXCAVATION. (Prior Code, § 3.215) Penalty, see § 10.99
(A) No person shall make or cause any excavation to be made on a street without first securing a permit from the City Manager and paying the required fee. An
excavation permit is effective only for the project designated on the permit.
(B) An applicant for an excavation permit shall comply with applicable provisions of §§ 151.049 and 151.050 when not in conflict with general specifications
established by the State Highway Division.
§ 151.048 FEES. (Prior Code, § 3.220)
The fees for a permit to deposit any article or material on the street or for an excavation permit shall be fixed by Council resolution, and may be amended in the
same manner.
§ 151.049 QUALIFICATIONS OF APPLICANT FOR PERMIT. (Prior Code, § 3.225)
(A) An applicant shall require all of its contractors engaged in the construction, installation, maintenance, or repair of pipelines involving public rights-of-way, to
carry a public liability and property damage policy written by a company authorized to do business in the state in the amounts of $100,000/$300,000 public liability
and $100,000 property damage, naming the city and its officers as additional parties insured. The applicant shall furnish a certificate of such insurance to the city.
(B) Before commencing work on underground construction and to guarantee the faithful performance of the permit, the applicant shall furnish the city with cash,
a certified check, or a surety bond in the amount of the construction improvement, but not less than $5,000. The surety bond shall be issued by a company licensed
to do business in the state and otherwise acceptable in all respects to the city. The surety bond furnished shall remain in force for a period of one year after the
underground construction covered by the permit has been completely installed.
(C) Notification by the permit holder that the construction is complete shall commence the running of the one-year period for the surety bond. Public utilities as
defined by O.R.S. 757.005 are exempt from the requirements of this section.
§ 151.050 PERMIT HOLDER’S DUTIES. (Prior Code, § 3.230)
(A) No work which interferes with the public travel of a street shall commence until a plan for satisfactorily handling the traffic at the places concerned has been
approved by the Chief of Police and City Engineer.
(B) The contractor shall open only a reasonable amount of trench in advance of pipe laying, testing, and backfilling. Crossings of main streets and highways shall
be kept open for traffic and private roads closed only for a time sufficient for excavation, pipe laying, and backfillings with ample equipment and force.
(C) (1) All operations shall be conducted with the least possible interference to the traveling public and other users of the street. Barricades, fences, signs,
lights, signals, and flagpersons shall be provided where considered necessary and when ordered by the City Engineer to ensure the safety of the public or those
working on the project.
(2) Advance warning signs of design and wording satisfactory to the Engineer shall be provided at strategic locations designated by the Engineer. Barricades
and obstructions shall be protected at night by signal lights, which shall be kept burning from sunset to sunrise. The applicant is solely responsible for the adequacy
and costs of protective barricades, signs, lights, and other devices.
(D) (1) The applicant shall be responsible for all damage to bridges, culverts, retaining walls, pavements, surfacing, road beds, and other street structures and
facilities and underground installations caused by or resulting from the operations of the applicant or the applicant’s contractors, subcontractors, agents, or
employees, or caused by the presence of the line or other facility within the street right-of-way.
(2) The applicant shall take such precautions and shall provide the protection necessary to avoid damage to other street structures and underground facilities,
including the dirtying of surfaces as well as more serious damage. The Engineer shall determine whether the damage shall be corrected by repair, replacement or
other treatment, or by compensatory payment. The amount of any compensatory damage shall be the amount the Engineer determines to be adequate and
reasonable.
(E) The applicant shall be responsible for all damage to or interference with existing utilities such as telephone lines, power lines, gas mains, and any and all
other facilities which may now or later come within the street right-of-way in proximity to the applicant’s lines or installations. The applicant shall indemnify and hold
harmless the city and its officers and agents against any loss, injury, or damage which the utilities may suffer by reason of the applicant’s operations or by reason
of the presence of the pipelines or installations in the street right-of-way.
(F) Materials excavated in connection with the construction or maintenance of pipelines or underground facilities within the street right-of-way and not required
for backfilling purposes shall be removed from the street right-of-way and disposed of in a manner satisfactory to the Engineer. All areas occupied by the pipeline
operations within the street right-of-way shall be cleaned up and made free from litter and debris, if existing rock or gravel shoulders or surfacing become fouled with
earth or other extraneous material by reason of the construction or maintenance of a pipeline or facility covered by the permit, the fouled rock and gravel shall be
removed and replaced with clean, new rock or gravel of a kind, quality, and size comparable in all respects with the original rock or gravel.
(G) Excavation and fill requirements, including materials specifications, shall be those approved by the City Engineer and on file in the office of the City Engineer.
(H) All hydrants, valve boxes, and other facilities which appear at ground surface or extend above ground surface shall be placed at grades and locations which
will avoid the creation of hazards to the traveling public and which will cause the least inconvenience to the maintenance of the street and street right-of-way.
(I) The applicant shall have all temporary structures, rubbish, and waste materials from an excavation operation removed at the expense of the applicant.
Dig Safely Oregon: Call 811 before you dig! (or 1-800-332-2344)
Oregon law requires you to follow rules adopted by the Oregon Notification Center.
(OAR 952-001-0010 through 952-001-0090)
