Chapter 17.24 Permits

City Code Chapter

(Chapter replaced by Ordinance 184957, effective November 25, 2011.)

17.24.000 Purpose and Intent.

  1. The purpose and intent of this Chapter is to:
  2. A.  Permit and manage reasonable access to the public right-of-way of the City;
  3. B.  Conserve the limited physical capacity of those public right-of-way held in trust by the City;
  4. C.  Assure that all persons owning or operating facilities within the public right-of-way comply with applicable ordinances, rules and regulations of the City;
  5. D.  Assure that the City can continue to fairly and responsibly protect the public health, safety and welfare of its citizens.

17.24.005 Jurisdiction and Management of Public Right-of-Way.

  1. A.  The City has jurisdiction and exercises regulatory management over all public right-of-way within the City, as provided under City Charter, ordinances, and Oregon law.
  2. B.  The City has jurisdiction and exercises regulatory management over public right-of-way whether the City has a fee, easement, or other legal interest in the right-of-way, and whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.
  3. C.  No person may occupy or encroach on a public right-of-way without the permission of the City, as provided under Portland City Code.
  4. D.  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.
  5. E.  The City retains the right and privilege to immediately require any person to remove, move or otherwise adjust its facilities located within the public rights-of-way whenever, in the determination of the Director of the Bureau of Transportation, the public need requires it.  If the person ordered to remove, move, or adjust the facility does not do so as directed by the Director of the Bureau of Transportation the City may remove, move or otherwise adjust such facilities with its own forces or contract forces and the full cost of such removal, movement or adjustment shall be the responsibility of the person responsible for the facility.
  6. F.  The Bureau of Transportation shall be the agency responsible for management of the public right-of-way.

17.24.010 Permits Required.

(Amended by Ordinance 189629, effective August 30, 2019.)

  1. A.  Any person desiring to make a public improvement, do work in, or use the street area must first obtain a permit from the Director of the Bureau of Transportation as prescribed in this Chapter, and pay the permit fees set forth in Section 17.24.020, except for maintenance activities allowed without a permit, as set forth in Sections 17.42.020 and 17.42.025.
  2. B.  Except as set forth in paragraph E. below, no person shall be granted a permit to install, construct, reconstruct, repair, alter or maintain facilities for the distribution, transmission or collection of sewer, water, gas, petroleum products, steam, electricity, telecommunications, or other service and any associated wires, cables, poles, conduits, appliances or apparatus in, on, over, through or in any manner beneath the surface of the streets unless that person currently possesses a franchise or privilege granted by the City of Portland or is a City bureau charged with providing such service to the public to generate, transmit or provide any such service including but not limited to electricity, telecommunications, natural gas, sewer, water, stormwater, and pipeline services within the City.
  3. C.  Except for street or transportation facility construction and maintenance work done by or under contract with Bureau of Transportation, and except for work allowed to be performed Sections 17.42.020 and 17.42.025, it is unlawful for any person to do any work or perform any act as set forth in this Title without first obtaining a permit.  It is unlawful for any person to break up, dig up, cut, excavate or fill in any street or to construct any sidewalk, curb, gutter or to do any work in or upon any street or in any way to tamper with hard surface pavements without first obtaining a permit therefor and paying the fee prescribed in Section 17.24.020.  The permit shall be obtained from the Director of the Portland Bureau of Transportation unless specifically provided otherwise in this Title.
  4. D.  The failure of any permittee to comply with any and all permit conditions or related Code and Charter provisions while doing work in the street area shall be reasonable cause for revocation of the permit.  Upon revocation of the permit the City may complete the work and charge such costs to the permittee.
  5. E.  Licensed plumbing contractors having a valid plumbing permit to install water service lines and a valid authorization from the Portland Water Bureau to connect to a public water meter may obtain permits to install water service lines between the property line and the public water meter.
  6. F.  The Director of the Bureau of Transportation may issue permits to the Bureau of Environmental Services for street openings to facilitate connections to public sewers and to install, repair and replace sewer mains, laterals, necessary appurtenances and drainage facilities constructed through public and local improvement procedures.  The Bureau of Environmental Services shall obtain permits from the Director of the Bureau of Transportation for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
  7. G.  The Director of the Bureau of Transportation may issue permits to the Portland Water Bureau for street openings to facilitate connections to the public water system and to install, repair, and replace water mains, laterals, and necessary appurtenances.  The Bureau of Water Works shall obtain permits from the Director of the Bureau of Transportation for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
  8. H.  The Director of the Bureau of Transportation may issue permits to a Public Utility for street openings to facilitate connections to the public utilities systems and to allow the Public Utility to install, repair, and replace its poles, mains, laterals, and necessary appurtenances.  A Public Utility shall obtain permits from the Director of the Bureau of Transportation for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
  9. I.  When immediate repairs to an existing at grade, underground or overhead installation become necessary as the result of an emergency or accident involving public hazard or interruption of service to subscribers or customers, the emergency repairs may be started or made without permit after notice to the Director of the Bureau of Transportation.  The owner of such facilities shall apply for appropriate permits as soon as possible, not to exceed two (2) business days following discovery of the emergency.
  10. J.  The Director of the Bureau of Transportation may issue permits to Tri-County Metropolitan Transportation District of Oregon (TriMet) for activities not explicitly identified under any existing or future agreements, including the modifications to any existing or future infrastructure to allow for the attachments of telecommunication facilities. TriMet shall obtain permits from the Director of the Bureau of Transportation for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.

17.24.012 Financial Guarantee Required.

  1. A.  When issuing permits under this Chapter, the Director of the Bureau of Transportation may require a construction bond, performance bonds or other form of financial guarantee, approved by the Director of the Bureau of Transportation, as a condition of the permit.
  2. B.  The Director of the Bureau of Transportation may require a maintenance bond, or other financial guarantee, approved by the Director of the Bureau of Transportation, as a permit condition. The maintenance bond or other financial guarantee shall remain in force as long as the person or that person’s predecessor has facilities located within the public right-of-way.
  3. C.  The acceptable forms and levels of the required financial guarantees shall be established by the Director of the Bureau of Transportation, as maintained on file in the office of the Bureau of Transportation.

17.24.013 Insurance and Indemnification.

  1. A.  Insurance.  An applicant for a permit under this Chapter shall procure insurance, the adequacy of which shall be determined by the Director of the Bureau of Transportation, that names the City as an additional insured.  The applicant shall supply the City with a certificate providing evidence of that insurance prior to issuance of the permit.
  2. B.  Indemnification.  As a condition of a permit issued under this Chapter, the applicant shall hold harmless, indemnify and defend the City, its officers, employees and agents from and against all claims, suits, actions of whatsoever nature, damages or losses, and all expenses and costs incidental to the defense thereof, including attorney fees, resulting from or arising out of the activities of the applicant, its officers, employees, agents and contractors under this permit.   In addition, in situations which occur prior to dedication of the right of way, the permittee acknowledges and assumes all risk of loss which may arise in the event the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of permittee’s improvements.

17.24.014 Permits to Construct and Maintain Structures in the Street Area.

(Amended by Ordinances 187403 and 188850, effective April 6, 2018.)

  1. A.  Except as otherwise provided in this Code, permits to construct, install and/or maintain privately-owned structures in dedicated street area may be issued by the Director of the Bureau of Transportation only to the owner of the property abutting the half of the street area in which the structure is proposed to be built.  Such permits shall be revocable at any time as provided in Section 17.24.016.  The burdens and benefits of any such permit shall run with the property abutting the half of the street area in which the structure is proposed to be built and all such permits shall be recorded against the title of the benefitting property except as otherwise specified below.  All cost of such recordings shall be borne by the permittee.  Upon sale or other disposition of the property, the permit shall automatically transfer to any new property owner, unless the permit specifically states that it is nontransferable.
  2. B.  Permits may be issued to parties other than the owner of the abutting property only under the following circumstances:
    1. 1.  the Director of the Bureau of Transportation has determined that the permittee is an organization with public responsibilities and is of sufficient permanence to carry insurance, liability and maintenance responsibilities for the full life of the permit; or
    2. 2.  the permittee is the owner of a benefited property against which the permit is recorded, and the underlying property owner of the right of way has agreed to issuance of the permit; or
    3. 3.  as otherwise provided for in Section 17.24.010, Chapter 17.25, Chapter 17.26 and Chapter 17.56.
  3. C.  The benefits and burdens of permits issued to parties other than the owner of the abutting property shall run with the party or property specified in the permit, other portions of this code notwithstanding.

17.24.015 Obligation of Property Owner for Structures in the Street Area.

  1. The owner of any real property shall be responsible for maintaining any structures in the half of the street area abutting the owner’s property, whether such structures are under City permit or not, except that the abutting owner shall not be responsible for the maintenance of structures which have been installed by other than the abutting owner under a permit or other authority granted by the City of Portland.
  2. The abutting property owner shall be liable to any person who is injured or otherwise suffers damage by reason of the property owner’s failure to keep any structure located in the half of the street area immediately abutting his or her property in safe condition and good repair.  Furthermore, said abutting property owner shall be liable to the City of Portland, its officers, agents and employees, for any judgment or expense incurred or paid by the City its officers, agents or employees, by reason of the existence of any such structure in the street area.

17.24.016 Permit Revocation.

(Amended by Ordinance 188692, effective January 1, 2018.) 

  1. Permits for structures in City streets, for public improvements, work in, or use of the street area may be revoked by the Director of the Bureau of Transportation at any time and for any reason the Director of the Bureau of Transportation deems to be in the interest of the City, and no grant of any permit, expenditure or money in reliance thereon, or lapse of time shall give the permittee any right to the continued existence of a structure or to any damages or claims against the City arising out of revocation.
  2. Upon revocation the permittee, or any successor permittee, shall at permittee’s own cost remove such structure or equipment associated with work or use of street area within 90 days after written notice to the permittee by the City of such revocation, unless the Director of the Bureau of Transportation specifies a shorter period, and shall return the street area to the condition of the street area immediately surrounding it, to the satisfaction of the Director of the Bureau of Transportation.  If the permittee does not remove the structure or equipment and/or return the street area to a condition satisfactory to the, Director of the Bureau of Transportation, the Director of the Bureau of Transportation may do so, and the permittee shall be personally liable to the City for any and all costs of dismantling the structure or equipment and reconstructing the street area.  The costs of removal and reconstruction shall be assessed to the permittee and/or will become a lien upon the abutting property until paid by the permittee.  The City may sell or otherwise dispose of structures, equipment or parts thereof removed from the public right of way under authority of this Section, and the owner of same shall not be entitled to any compensation for said items from the City.

17.24.017 Temporary Street Closure.

(Amended by Ordinances 185212 and 188850, effective April 6, 2018.)  

  1. The Director of the Bureau of Transportation may close or by permit allow to be closed temporarily any street or portion thereof for the following reasons:
  2. A.  To facilitate construction, demolition or installation of facilities on public or private property.
  3. B.  To restrict vehicular use of an unimproved street for the protection of the public or to eliminate a neighborhood nuisance.
  4. C.  To provide for block parties.
  5. D.  To provide for community events.
  6. Such closures shall include the requirements of the City Traffic Engineer and provide for appropriate insurance as required by the Director of the Bureau of Transportation, protecting the public and the City.

17.24.020 Fees and Charges.

  1. The Director of the Bureau of Transportation and/or City Council may establish fees and charges.  All fees, charges, civil penalties, and fines established by authority of this Title will be listed in the Portland Policy Documents, as amended annually by Council effective with the fiscal year budget.
  2. If a larger fee is required elsewhere in this Title for any class of permit, the larger fee shall apply, otherwise the fees and charges listed in the Portland Policy Documents shall be paid unless the Transportation Director or Council has granted a specific permit for a different fee All fees, charges, civil penalties, and fines established by authority of this Title will be listed in the Portland Policy Documents, as amended annually by Council effective with the fiscal year budget.  All fees for recording permits and other documents with the County Recorder shall be paid by the property owner or permittee.

17.24.025 Fees for Public Improvement Permits.

(Amended by Ordinances 187486 and 188850, effective April 6, 2018.)

  1. A.  Engineering and superintendence services in connection with public improvement projects shall be charged in accordance with Portland Policy Document TRN 3.450 – Transportation  Fee Schedule.  Director of the Bureau of Transportation shall review actual yearly program costs of engineering and superintendence to ensure that only usual and ordinary costs are included and adjust the rates accordingly.

17.24.026 Fees for Review of Land Use Applications.

  1. The Bureau of Transportation shall establish fees which recover the Bureau of Transportation’s costs of participating in pre-application conferences and reviewing applications for land use approvals which are required by either Title 33 or Title 34 of the Code of the City of Portland.
  2. A.  Policy
    1. 1.  Fees are not intended to exceed the Bureau of Transportation’s average cost of processing the type of review requested or average cost of participating in pre-application conferences.
    2. 2.  Fees shall include direct costs and overhead charges.
    3. 3.  Fee schedules shall be updated annually and made available in the Portland Policy Documents.
  3. B.  Required Fees
    1. 1.  Each request for a pre-application conference shall be accompanied by the applicable fee.
    2. 2.  All land use review applications requested must be accompanied by the applicable fee.
  4. C.  Concurrent Applications.  When more than one review is requested on the same project, the fee for each review will be charged.
  5. D.  Appeal Fees.  The process and charges for appeals shall be as set forth in Subsection 33.750.030 C. Appeal Fees.
  6. E.  Fee Waivers.  The Bureau of Transportation will waive its pre-application and review fees in those cases where the Planning Director has granted a fee waiver under the provisions of Section 33.750.050.
  7. F.  Refunds.  The Bureau of Transportation will refund fees under the following circumstances:
    1. 1.  Unnecessary Fee.  When a fee is accepted by staff for a land use review that is later found to not be required, a full refund will be made.
    2. 2.  Errors.  When an error is made in calculating the fee, the overpayment will be refunded.
    3. 3.   Full Refunds.
      1. a.  If upon receipt of the application by the Bureau of Transportation, it is evident that no transportation review is required, the Transportation review fee will be refunded.  The determination of whether a Transportation review is required is at the sole discretion of the Director of the Bureau of Transportation.
      2. b.  If the applicant meets the Bureau of Planning’s requirements under Subsection 33.750.060 D. for a 50 percent refund and the Bureau of Transportation has not begun its review, the Transportation review will be refunded.  Determination of whether to grant the refund is at the sole discretion of the Director of the Bureau of Transportation.
    4. 4.  No Refunds.
      1. a.  Appeal fees are not refundable except as set forth in Subsections 33.750.050 B. and 33.750.060 C.2.
      2. b.  Pre-application conference fees are non-refundable except as set forth in Subsection F. 1. and 2.
      3. c.  No refunds shall be given once a review has begun.

17.24.030 Application for a Public Improvement Permit to construct a Street or Transportation Facility.

  1. A.  All persons or agencies wishing to construct street or transportation facilities as a public improvement shall make application to the Director of the Bureau of Transportation for a permit.  The application for permit shall contain such information as the Director of the Bureau of Transportation  may designate, and shall specify the nature of the proposed improvement, the name of the street or streets to be improved or in which the improvement is to be located, the location of any off‑street improvements and the completion date therefor.
  2. B.  A public improvement permit for a street or transportation facility within a land division may be issued prior to recording of the final plat only after the following:
    1. 1.  the improvement plans have been approved by the City Engineer,
    2. 2.  the final plat, is approvable as determined by the Bureau of Development Services,
    3. 3.  any necessary site permits have been obtained from the Bureau of Development Services,
    4. 4.  any necessary easements outside the land division have been obtained,
    5. 5.  the permittee has provided the following:
      1. a.   Acknowledgment that the construction is on private property which is to become easement for public improvements or public right of way and to come under public control upon plat and easement recording with the county.
      2. b.  Authorization for City personnel to enter upon the particular private property for the purpose of testing, inspection and surveying if required, during the course of construction of the public improvements.
      3. c.  Acknowledgment that City inspection personnel may reject or require correction of work not in accordance with the approved plans and standard specifications, which would prevent future acceptance of the improvements.
      4. d.  Acknowledgment that all public utilities to be located in public right of way must be installed prior to final acceptance of the public street improvements, or as directed by the Director of the Bureau of Transportation.
      5. e.  Acknowledgment that the plat and easements must be recorded with the County prior to final acceptance of the public improvements.
      6. f.  Agreement that the permittee will hold the City of Portland harmless against any liability which may occur during construction prior to dedication of the right of way or recording of the easement, and further agreement that the permittee assumes all risk of loss which may arise in the event the City or any other public agency subsequently requires changes in or additions to plans or refuses to approve all or any part of permittee’s improvements.
      7. g.  Agreement that the permittee shall, at the permittee's own expense, maintain the public improvements for a period of 24 months following issuance of a certificate of completion by the City Engineer, as assurance against defective workmanship or materials employed in such improvement.
      8. h.  Acknowledgment that the issuance of this permit in no way waives any requirements by the City or any other public agency which may be associated with the development of the land division.
    6. 6.  Any other conditions established by the Director of the Bureau of Transportation and or the City Engineer have been met.

17.24.035 Deposit Required.

  1. Concurrent with making the permit application the party desiring the permit shall deposit a sum equal to one‑half of the estimated cost of engineering and superintendence as determined by the Director of the Bureau of Transportation except that when a consultant does the design and survey the deposit shall be 20 percent of the estimated cost of engineering and superintendence.  This deposit shall be determined by using the appropriate schedule of services found in Section 17.24.070.  All deposits must be made prior to any design work being done by the consultant.  In the event that no permit is issued for the proposed improvement within 1 year from the time design and plans are reviewed and completed, the City shall retain the amount of the deposit as compensation for the preparation of design and plans or efforts of review.  In the event a permit is issued for the proposed improvement within 1 year from the time such design and plans are completed, the amount of the required deposit shall be applied to the cost of the permit fee for such improvements.

17.24.040 Refusal of a Public Improvement Permit.

  1. A.  A permit application for a public improvement shall be refused when the street grade has not been established, if street grade is applicable directly or indirectly to the proposed improvement, while a proposal to change the grade is pending before the Council, or after plans have been filed with the Council to improve the street.
  2. B.  The Director of the Bureau of Transportation may refuse a permit if in his/her judgment the proposed use or improvement:
    1. 1.  Is not suitable in the circumstances,
    2. 2.  Will not be uniform with existing or proposed street improvements in the immediate vicinity, or
    3. 3.  Includes movement of earth from one portion of street to another.
  3. C.  The City Engineer delegates to the Chief Engineer of the Bureau of Environmental Services authority to refuse a permit or establish permit conditions for modification or repair of any nonconforming sewer or drainage systems within existing or proposed right-of-way.
  4. D.  The Director of the Bureau of Transportation may refuse to issue a permit hereunder unless the application is modified as the Director of the Bureau of Transportation may deem necessary.  The Director of the Bureau of Transportation may require the addition of curbs if a sidewalk improvement is proposed.  The Director of the Bureau of Transportation may require the addition of curbs or sidewalks or both if the proposed improvement is a street improvement.  If the Director of the Bureau of Transportation finds that water main extensions are likely to be needed within 5 years after the completion of a street improvement, the Director of the Bureau of Transportation shall refuse issuance of a street improvement permit unless the water main extensions are provided before the completion of a proposed street improvement.  If an application is made for a street improvement and the Director of the Bureau of Transportation finds that public service installations will be needed below the surface of the street or that sanitary or storm drainage is necessary or that underground facilities are needed for future street light installations, the Director of the Bureau of Transportation may refuse the application unless such installations are included within the proposal or are arranged to be completed prior to the completion of the proposed street improvement.

17.24.050 Contents of Permit.

(Amended by Ordinance 188850, effective April 6, 2018.)

  1. A.  Any permit issued for the construction of a public improvement or use of the street area may contain such conditions as the Director of the Bureau of Transportation finds appropriate in the public interest. The permit shall specify the kind of work and or use allowed by the permit. The date by which the work is to be completed or if the permit is for use of the street area the date the use shall cease if applicable.
  2. B.  The contents of the permit shall include but are not limited to the following items:
    1. 1.  A requirement for proof of insurance in a form acceptable to the City Attorney. Insurance requirements for use permits will be as specified in TRN-10.21 and per TRN-10.06 Portland in the Streets Administrative Rule.
    2. 2.  A requirement that the permittee shall be responsible for a 24-month quality assurance period following issuance of a certificate of completion.
    3. 3.  If the permit is for a local improvement a requirement for assurance of performance shall be required.  If the permit is for a use of the street area the Director of the Bureau of Transportation may require an assurance of performance if he or she determines it is needed to protect the public interest.
    4. 4.  If the permit is for a local improvement a schedule setting forth when the permitted activity may begin and the date by which the work will be completed. 
    5. 5.  A requirement that all stated fees and charges or estimated fees and charges have been paid and that the applicant will pay the balance of fees and charges above the estimated cost prior to issuance of a certificate of completion.

17.24.055 Assurance of Performance.

  1. A.  Assurance of Performance shall be for a sum approved by the Director of the Bureau of Transportation as sufficient to cover 100 percent of the cost of design, superintendence, and construction of improvements authorized under permit. Such assurance may, at the discretion of the Director of the Bureau of Transportation, be in the form of separate assurances covering individual stages of a staged development or covering the installation of various individual improvements rather than a single assurance of performance covering 100 percent of the cost of all improvements to the entire land division. Deposits for engineering and superintendence as required by Title 17 or by Title 5 are in addition to the filing of such assurances of performance.
  2. B.  Assurance of performance for public improvements may be in one of the following forms as approved by the City Attorney:
    1. 1.  Surety bond executed by a company authorized to transact business in the State of Oregon.
    2. 2.  Irrevocable letter of credit.
    3. 3.  Set-aside account
    4. 4.  Cash deposit.
    5. 5.  City Council passage of a LID Formation Ordinance for a local improvement district.
    6. 6.  Other forms as approved by the City Attorney.
  3. C.  If an applicant for permit fails to carry out the provisions of the application for permit, or the permittee fails to carry out the provisions of the permit, and the City has unreimbursed expenses resulting from such failure, the City shall call on the assurance of performance for reimbursement. If the amount of the assurance of performance exceeds the expenses incurred by the City, it shall release the remainder. If the amount of the assurance for performance is less than the expenses incurred by the City, the applicant or permittee shall be liable to the City for the difference. Assurance of performance covering stages or portions of a total development may be released as such stage or portion is completed to the satisfaction of the Director of the Bureau of Transportation. Twenty percent of all funds deposited as assurance of performance will be retained through the maintenance or quality assurance period; other forms of assurance of performance shall contain written provisions for a similar guarantee through the maintenance period.

17.24.060 Permit Conditions.

(Amended by Ordinances 185397 and 188850, effective April 6, 2018.)  

  1. All work done in streets or other public places shall be done in the location approved by the Director of the Bureau of Transportation and in accordance with plans and specifications prepared or approved by the City Engineer.  The permit may include conditions, and the conditions shall be binding upon the permittee (see Section 17.24.050).  All work done shall be subject to the rejection or correction requirements of the City Engineer and subject to the final approval of the City Engineer.  Any person or entity performing work in the street area shall:
  2. A.  Begin the work promptly and diligently pursue the work until the work is completed;
  3. B.   Upon completion of the work, make a written report to the Director of the Bureau of Transportation detailing the manner in which the work was executed, the location of the work and facilities, and other information regarding the work performed as the Director of the Bureau of Transportation may request. The report shall be certified as accurately depicting the horizontal and vertical location, size and type of material of all facilities constructed. The plans need not include details of the nature of the facilities. These plans shall be submitted to the City within sixty (60) days after completion of construction. The Director of the Bureau of Transportation may establish the format of such reports.
  4. C.  When there are two or more curbs on the same side of the street centerline, lay all pipes, mains, sewers, conduits, lines, when the same are to run lengthwise in any street, at a distance at least 3-1/2 feet from the curb closest to the street centerline measuring toward the center of the street and at least 2 feet from the curb closest to the street centerline measuring to the outer edge of the street.  All connections to the pipes, mains, sewers, conduits, and lines laying lengthwise in the street or to any lot shall be installed perpendicular to the curb.  In cases where compliance with these regulations would cause unnecessary digging up of pavement, disruption of traffic, place a burden on the street system, or otherwise not be in the best interest of the public, the Director of the Bureau of Transportation may in their sole discretion permit and or require the laying of pipes, mains, sewers, conduits, lines, in a different location or manner;
  5. D.  Keep all stone, macadam, gravel or other pavement material separate from the excavated earth;
  6. E.  Refill any trench or hole that has been dug or opened in any street for the purpose of reaching or laying any sewer, gas, water or other pipe or main within 24 hours after laying or reaching the sewer, gas, water or other pipe or main, or as directed by the Director of the Bureau of Transportation, in the following manner:
    1. 1.  If the street has not been improved with permanent pavement, the earth excavated from the hole or trench shall be refilled and thoroughly compacted until the grade of the roadway previously existing at such trench or hole is reached.
    2. 2.  If the street has been improved with permanent pavement, the excavated area shall be refilled and compacted to the elevation of the bottom of the permanent pavement, which shall be re-laid compactly and made to conform to the grade, base and quality of the surrounding street pavement.
  7. F.  Erect appropriate traffic control devices and protective measures around the work site, and maintain warning lights or other warning devices as required by the Traffic Engineer at or around the work site during the hours between sunset and sunrise so that pedestrians and operators of vehicles may be duly warned of, and protected from the obstruction;
  8. G.  Install and maintain erosion control measures as directed by the Director of the Bureau of Transportation;
  9. H.  Comply with any other directions given by the Director of the Bureau of Transportation.

17.24.067 Hazardous Substances.

(Amended by Ordinance 185397, effective July 6, 2012.) 

  1. A.  “Utility corridor fill” means fill that:
    1. 1.   Meets the requirements of the City’s Standard Construction Specifications;
    2. 2.  May be handled without the need for monitoring of exposure to contaminants under the Oregon OSHA occupational standards for maintenance workers or the use of personal protection equipment above Level D as described in 29 CFR 1910.120;
    3. 3.  Meets the current DEQ definition of clean fill in OAR 340-093; and
    4. 4.  The concentrations of any contaminants of concern in the fill material are below the DEQ soil and sediment clean fill screening levels for terrestrial and upland use.
  2. B.  “Right-of-way access area” means:
    1. 1.  The area within a public right-of-way to a minimum depth of five feet below the final street and sidewalk grade and;
    2. 2.  Any additional depth or width necessary for maintenance of public or private infrastructure including but not limited to sewers, hydrants, meters, conduits and pole bases as required by the Director of the Bureau of Transportation.
  3. C.  “Contaminant barrier” means a visual and physical barrier that is of a material, construction and thickness sufficient to minimize transmission of hazardous substances present in the surrounding fill to the utility fill and provide a visual demarcation of the boundary of the utility fill as specified in the City’s standard construction specifications or as approved by the Director of the Bureau of Transportation with the concurrence of the Director of the Bureau of Environmental Services.
  4. D.  In addition to the requirements of this Chapter, permittees shall comply with applicable state and federal laws, regulations and orders concerning hazardous substances including but not limited to their use, storage, handling, disposal, remediation, spill reporting and release reporting.
  5. E.  Except as provided in Subsection 17.24.067 H., all fill placed in the right-of-way access area as part of a project permitted under this Chapter shall be utility corridor fill.
  6. F.  Permittees shall excavate soil or fill that does not meet the definition of utility corridor fill that is encountered in the right-of-way access area during permitted work and replace it with utility corridor fill.
  7. G.  If the soil immediately outside of the right-of-way access area does not meet the definition of utility corridor fill, a contaminant barrier shall be placed between the utility corridor fill and surrounding fill.
  8. H.  On a site-specific basis, the Director of the Bureau of Transportation with the concurrence of the Director of the Bureau of Environmental Services may allow the placement of fill that does not meet the definition of utility corridor fill in the right-of-way access area.
  9. I.  If a permittee is required under state, federal or local law to report a spill or release of hazardous substances that occurs at, on, over, under or affects the public right-of-way, the permittee must the Bureau of Environmental Services Spill Prevention and Citizen Response Section within 24 hours of such a spill unless otherwise required by state, federal or local law.
  10. J.  If a permittee encounters contaminated media within the public right-of-way that poses an imminent threat to human health, the environment, or the waters of the State or requires the use of personal protective equipment above Level D to conduct the permitted work, the Permittee must notify the Director of Bureau of Transportation and Director of the Bureau of Environmental Services within two business days of encountering the contaminated media.

17.24.070 Engineering and Superintendence for Street and Transportation Facility Public Improvements.

  1. A.  The City Engineer shall:
    1. 1.  Make all necessary surveys;
    2. 2.  Mark all grades;
    3. 3.  Prepare, fix, and prescribe all plans and specifications;
    4. 4.  Provide engineering provisions and approvals;
    5. 5.  Test and evaluate all project materials and resources as required;
    6. 6.  Inspect and approve all work done.  At the option of the City Engineer, Subsections 17.24.070 A.1., 2., and 3. above may be done by a professionally registered consulting engineer working under private contract with the permittee.
  2. B.  If a permittee, person, or agency seeks to have a public improvement constructed under contract in the name of the City, then the permittee shall be charged for engineering and superintendence services in an amount equal to the Director of the Bureau of Transportation estimate of the actual costs of such services in accordance with the provisions of Section 5.48.050.  This fee shall be paid prior to the issuance of permittee’s permit for public improvement.
  3. C.  If a permittee, person or agency seeks to have a public improvement constructed under private contract between the permittee and a contractor, or if the permittee desires to do the work personally or have it done under his or her direction, then the permittee shall be charged for engineering and superintendence services in an amount computed as follows below.  This fee shall be paid prior to the issuance of permittee’s permit for public improvements.
  4. Engineering and superintendence fees:
    1. 1.  City does design and survey ‑ see Subsection 17.24.025 A.
    2. 2.  Consultant does design and survey ‑ see Subsection 17.24.025 A.
    3. 3.  Consultant does design, City does survey ‑ see Subsection 17.24.025 A. plus survey actual costs by authority of Section 5.48.030.
  5. D.  If the specifications or other contract documents are not strictly complied with or the work is not completed within the time specified in the permit, the Director of the Bureau of Transportation shall refuse to accept the work.  If the work is refused by the Director of the Bureau of Transportation, it shall not thereafter be accepted unless corrected to conform to plans and specifications and unless approved by the City Council.

17.24.080 Work Done Under Permit.

  1. A.  All work done under and in pursuance of a permit shall be under the authorization of the Director of the Bureau of Transportation, who shall determine the details of the improvement and whose orders in regard to the improvement and the execution of the same shall be obeyed by the applicant for the permit and by the persons doing the work.
  2. B.  The Director of the Bureau of Transportation shall have the authority to refuse issuance of permits for work within the street right of way to any Person until the requirements of permits previously issued are complied with.  This authority includes, but is not limited to, denial of a permit when the applicant is delinquent in payment of fees or City charges for work performed for the applicant by the City or when the applicant has failed to complete work on any previously issued permit or permits.

17.24.085 Original Documents Become the Property of the City.

  1. Any and all plans, specifications, survey notes or other original documents as required by the Director of the Bureau of Transportation that were either prepared for or produced during the design or construction of a public improvement, become the property of the City and shall be delivered to the Director of the Bureau of Transportation prior to acceptance of the improvement by the City Engineer.

17.24.090 Certificate by City Engineer.

  1. During the course of construction and prior to the issuance of a certificate of completion for a public improvement under this Chapter, the City Engineer shall inspect the improvement and determine if the various kinds of work performed are in compliance with the plans, specifications and allowances of the permit as to quality of workmanship.  Furthermore, the City Engineer shall check the improvement for alignment, proper computation of quantities and conformance with the established grade.  If all of the work required is completed and done to the satisfaction of the City Engineer, the City Engineer shall give a certificate therefor to that effect and that the improvement is accepted, if done within the completion date, as hereinabove set forth, and within recorded public right of way and easements.  Otherwise, the acceptance may be made by the Council on the certification of conformity to Code provisions and proper grades filed by the City Engineer.

17.24.100 Street Pavement Preservation.

  1. After any street has been constructed, reconstructed, or paved by City forces, under City contract, or under permit, the pavement surface shall not thereafter be cut or opened for a period of 5 years. 
  2. The Director of the Bureau of Transportation may grant exemptions to this prohibition in order to facilitate development on adjacent properties, provide for emergency repairs to subsurface facilities, provide for underground service connections to adjacent properties or allow the upgrading of underground utility facilities.  
  3. When granting exceptions to this regulation, the Director of the Bureau of Transportation may impose conditions determined appropriate to insure the rapid and complete restoration of the street and the surface paving.  Repaving may include surface grinding, base and sub-base repairs, or other related work as needed, and may include up to full-width surface paving of the roadway.
  4. In addition to the street opening permit, any person who is required to partially or fully repave a street shall obtain a street improvement permit and be responsible for the full cost of plan review, construction inspection, material testing, bonding, and all other City expenses related to the work.
  5. If the Director of the Bureau of Transportation determines that final repaving of the street is not appropriate at that particular time for reasons relating to weather or other short term problems, the Director of the Bureau of Transportation may grant a delay until proper conditions allow for repaving.

17.24.105 Regulations Governing Excavations and Disturbance of Pavement on Transit Mall

  1. A.  Definitions. 
    1. 1.  For the purposes of this Section the Transit Mall is defined as Fifth Avenue and Sixth Avenue from the south line of SW Jackson Street to the north line of NW Irving Street, NW Irving Street from the west line of NW 5th Avenue to the east line of NW 6th Avenue and SW Jackson Street from the west line of SW Fifth Avenue to the east line of SW 6th avenue.
    2. 2.  Transit Mall Pavement is defined as all surface paving including the curb and any below grade slab or structural element supporting the surface paving located between the curb lines of the Transit Mall.
    3. 3.  Emergency for the purpose of this section means an unanticipated failure of an existing facility that creates a public hazard or an interruption of service to subscribers or customers that cannot be resolved using other routes or facilities.
  2. B.  No person shall undertake any excavation nor disturb the Transit Mall Pavement except as provided below.
    1. 1.  Maintenance of the brick pavers, curbs, transit way or asphalt pavement by the City or TriMet.
    2. 2.  In order to provide for repairs to subsurface facilities made necessary by an emergency.
    3. 3.  In order to provide a utility service connection to an adjacent property when the utility can demonstrate to the satisfaction of the Director of the Bureau of Transportation that there is no alternative means of providing service to the property.
    4. 4.  The Director of the Bureau of Transportation may allow a public utility to excavate the transit mall pavement for,
      1. a.  replacement of an underground facility that has reached the end of its useful life or,
      2. b.  system expansion necessary to meet the public utilities obligation to serve its customers if, in the opinion of the Director of Transportation, the public utility has adequately demonstrated that no alternative location or means of providing service can adequately meet that need. The cost of providing service from an alternative location or alternative means shall not be a consideration in the Director of Transportation’s decision.
    5. 5.  The Director of the Bureau of Transportation may require that an applicant requesting to do work under the provisions of Subsection 17.24.105 B.4. provide the Director a minimum of two years advance notice of the need to replace or expand facilities to allow for coordination with any planned major maintenance work to be performed by TriMet, the Portland Bureau of Transportation or another utility with permission to operate within the City of Portland.
  3. C.  When granting permits to excavate or disturb Transit Mall pavement, the Director of the Bureau of Transportation will impose conditions determined appropriate to insure the rapid and compete restoration of the Transit Mall Pavement to the originally constructed pavement section and surfacing.
    1. 1.  Any person who is required to reconstruct Transit Mall Pavement shall provide engineered plans detailing how the work will be done and the Transit Mall pavement will be restored.  The permitee shall be responsible for the full cost of the reconstruction. Full cost includes any City fee’s and charges including but not limited to plan review, construction inspection, traffic mitigation, material testing, and all other expenses related to the work incurred by the Portland Bureau of Transportation.
    2. 2.  If the Director of the Bureau of Transportation determines that final restoration of the Transit Mall pavement is not appropriate at that particular time for reasons relating to weather or other short term conflict, the Director of the Bureau of Transportation may grant or order a delay until proper conditions allow for the restoration to occur.

17.24.110 Record of Permits.

  1. The Director of the Bureau of Transportation shall keep a record of improvements under permit and the issuance of permits under this Chapter, and the date of certificate of approval and acceptance if made.

17.24.120 Removal of Improvement.

  1. In the event the Director of the Bureau of Transportation or the City Council does not accept an improvement made pursuant to permit under this Chapter within 1 year after completion and tender for approval, then the permittee shall remove the same and restore the public area to its prior condition at the permittee's own expense, whenever and to the extent directed by the Director of the Bureau of Transportation.

17.24.130 Preservation of Cobblestones.

  1. A.  As used in this Section, “permit” means a valid permit issued under Section 17.24.010 and “permittee” means a person to whom a permit is issued, or if no permit is required, the person undertaking the work. 
  2. B.  Cobblestones, also referred to as Belgian building or paving blocks, located in streets of the City are City property and remain City property notwithstanding their excavation by a permittee.
  3. C.  It is the duty of the Bureau of Transportation to make available to the permittee a copy of the regulations authorized by this Section.
  4. D.  A permittee shall preserve for delivery to the City quantities of 150 or more cobblestones displaced by excavations of City streets.  A report of the number and location of the cobblestones shall be sent to the Bureau of Parks, Operations Division, and permittee shall deliver the cobblestones to a site as directed by the Bureau of Parks.  The Commissioner of the Bureau of Parks hereby is delegated authority to issue additional regulations providing for the preservation of cobblestones excavated from City street areas.
  5. E.  At the request of the Portland Historical Landmarks Commission, but not less than once annually, the Bureau of Parks shall advise the Commission of the number of cobblestones then being stored.  The deployment of stored cobblestones shall be determined by the Portland Historical Landmarks Commission (and/or recommended to the City Council).  Criteria for deployment shall be established by the Commission.

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