17.60.010 Designated.
The following described districts designated as “District A,” “District B,” “District C,” “District D,” “District E” and “District F” mean and include the following streets in the City:
District A: Beginning with the intersection of the south line of SW Madison St with the east line of SW Front Ave, running thence westerly, along said south line of SW Madison St, to its intersection with the west line of SW Broadway; thence northerly along said west line of SW Broadway, to its intersection with the south line of SW Yamhill St; thence westerly along said south line of SW Yamhill St to its intersection with the west line of SW 14th Ave; thence northerly, along said west line of SW 14th Ave to its intersection with the north line of West Burnside St; thence easterly, along said north line of West Burnside St to its intersection with the west line of NW Broadway; thence northerly, along said west line of NW Broadway to its intersection with the north line of NW Glisan St; thence easterly along said north line of NW Glisan St to its intersection with the east line of NW Front Ave; thence southerly, along said east line of NW and SW Front Ave to the place of beginning.
District B: East Burnside St, SE Morrison St and SE Hawthorne Blvd, from the east line of SE and NE 3rd Ave to the west line of SE and NE 6th Ave; and also those portions of other streets parallel to it lying between the south line of NE Couch St and the south line of SE Hawthorne Blvd that are included between a line drawn 100 feet east of and parallel to the east line of SE and NE Grand Ave; and a line drawn 100 feet west of and parallel to the west line of SE and NE Grand Ave; and SE Grand Ave, from the south line of NE Couch St to the south line of SE Hawthorne Blvd; it being provided, however, that any crossings over streets in this District that were installed before January 1, 1950 will be permitted to remain; and it being further provided that additional machine‑turned wooden street light poles and overhead wires for street lighting will be permitted in said District, if approved by the City Administrator.
District C: NE Martin Luther King, Jr. Blvd (NE Union Avenue) from 100 feet north of the north line of NE Davis St to the south line of NE Going St, it being provided however, that any street light poles and traffic signal poles and any crossings over NE Martin Luther King, Jr. Blvd (NE Union Ave) that were installed before January 1, 1950 will be permitted to remain; and it being further provided that additional machine‑turned wooden street light poles and overhead wires for street lighting will be permitted in said District, if approved by the City Administrator.
District D: Beginning with the intersection of the center line of SW 4th Ave and the north line of SW Market St, running thence easterly along said north line of SW Market St to its intersection with the center line of SW Harbor Dr; thence southerly along said center line of SW Harbor Dr to its intersection with the south line of SW Arthur St; thence westerly along said south line of SW Arthur St to its intersection with the center line of SW Barbur Blvd; thence northerly along said center line of SW Barbur Blvd and along the center line of SW 4th Ave to the place of beginning.
District E: NE Airport Way lying between the following described Line 1 and Line 2. Line 1: Beginning at the most northerly corner of Tax Lot (2) of Lots 1 and 2, Block 112, Parkrose, thence running northeasterly in a straight line to a point on the westerly line of NE 112th Ave, said point being the most westerly point in a common line between the I‑205 Freeway right‑of‑way and NE 112th Ave, and located southerly of the intersection of NE 112th Ave with NE Marine Dr. Line 2: The common boundary line between Portland and the City of Gresham approximately 826 feet north of the north line of NE Sandy Blvd at its intersection with NE 181st Ave; also public use easements 10 feet in width granted to the City and adjacent to either side of NE Airport Way as described above, it being provided, however that any crossings over NE Airport Way and the said 10 feet wide public use easements that were installed prior to November 1, 1988, will be exempted from this District.
District F: All that portion of the SW Gibbs St right of way between SW Bond St and the east line of SW Barbur Blvd and all that portion of the Pacific Highway (I-5) right of way and S.W. Naito Pkwy (S.W. Front Ave) right of way included in a strip of land 60.00 feet in width, 30 feet on each side of the center line of SW Gibbs St as such streets were platted on CARUTHERS ADDITION TO THE CITY OF PORTLAND, Multnomah County, Oregon. Overhead lines located on SW Corbett St running perpendicular to SW Gibbs St are exempt from this requirement.
17.60.020 Overhead Wires Prohibited.
A. It is unlawful for any person to erect, construct, or maintain on or over the surface of any street or public use easement designated in Section 17.60.010 within an underground wiring district, any wires, poles, cables, appliances, or apparatus of any kind, on, through or by means of which electrical current or communications are transmitted or used.
B. Whenever all existing utility facilities are located underground within a public right-of-way, a person with permission to occupy the same public right-of-way must also locate its new facilities underground.
17.60.030 Application for Permit.
Any person owning a franchise or privilege to erect, construct, or maintain wires, cables, poles, vaults, manholes and other structures, appliances or apparatus on, over, or by means of which electric current is transmitted or used for any purpose in any portion of an underground wiring district, who desires to install, construct, reconstruct, repair, alter or maintain the same must file with the City Administrator an application for a permit to install or maintain the facilities in trenches, conduits, structures or subways beneath the surface of the streets or parts of them within the underground district as required. The application must be accompanied by the agreement of the applicant promptly to repave and repair any of the streets or portions of them that are disturbed or undermined by the applicant as the result of exercise of the permit, if granted, the repaving and repair to be made in compliance with the provisions of this Title.
17.60.040 Designation of Space.
- A. Upon the filing of an application under Section 17.60.030, the City Administrator will designate the portion of space and location within the street area or public use easement designated in Section 17.60.010 to be used by the applicant. No part or parts of street area may be used except as designated by the City Administrator.
- B. No facilities may be constructed to prevent the City from constructing sewers, grading, paving, repairing and/or altering any street; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work must be done so as not to injure or prevent the unrestricted use and operation of the permittee’s system. However, if any portion of the permittee’s system interferes with the construction or repair of any street or public improvement, including construction, repair or removal of a sewer or water main, the City may direct the permittee to relocate as provided in Section 17.56.060.
17.60.050 Filing Plans and Specifications.
The applicant for permit must file with the City Administrator plans and specifications for an underground system for conduction of current or energy in trenches, conduits or subways for wires, cables, and appliances including the necessary vaults, manholes and service boxes, and, in addition, must file a map showing the general route and location of the trenches, conduits or subways.
17.60.060 Issuance of Permit.
Subject to payment of the applicable fees prescribed in Portland City Code Chapter 7.12, if the City Administrator finds that the application and the plans, specifications and route map filed are satisfactory, the City Administrator may approve the same and issue to the applicant a permit to enter upon the designated streets, public use easements designated in Section 17.60.010, or parts of them in an underground wiring district, to make such excavation in them as may be necessary to construct conduits or subways, to lay wires, cables and appliances in them, and to build vaults, manholes or service boxes underground within the space designated by the City. It is unlawful to make any excavation in any street or public use easement designated in Section 17.60.010 to install underground facilities, without a permit from the City Administrator and paying the fees set forth in Section 17.24.020. All excavation work and restoration pursuant to the permit must be under the general supervision of the City Administrator and must be made only after notice to the City Administrator.
17.60.080 Restoration of Streets and Public Use Easements.
Upon the installation and completion of any underground system of wires and appliances, the person installing it must restore the surface of all pavements, improvements, landscaping and foundations that were disturbed or undermined, in as good order and condition as they were prior to the installation, in accordance with the plans and specifications and as directed by and to the satisfaction of the City Administrator.
17.60.090 Use of Sidewalk Space and Building Fronts.
Any person owning or operating underground wires, conduits, or subways in compliance with this Chapter may connect the same with the side lines of the street, if approved by the City Administrator, and to that end, may use the space under the streets and sidewalks as may be necessary or convenient, and may also have access to all area‑ways under sidewalks, and may place and maintain such wires, cables and appliances in proper conduits in and through such area‑ways or spaces. If wires or cables are run up the sides or in front of any building, such wires or cables must be placed in proper enclosures as are required by the relevant state and local regulations governing the placement of such wires or cables to prevent danger to life or property. If there are no relevant regulations, the City Administrator may establish such requirements as the City Administrator determines necessary to prevent danger to life or property. No wire, cable, or the supports for them may cross any window or opening in any building.
17.60.100 Location Maps.
Every person to whom a permit has been granted pursuant to this Chapter must, upon completion of the installation of underground wires, cables, and appliances, file with the Director of the Bureau of Transportation maps, in a scale and format determined by the City Administrator, showing the location of the conduits or subways, wires, cables, vaults, manholes, and service boxes under said streets or within said public use easements designated in Section 17.60.010 or parts of them. The Director of the Bureau of Transportation will maintain a record of it.
17.60.110 Exemptions.
The provisions of this Chapter with respect to underground construction or installation do not apply to the following:
- A. Wires, poles, and appliances for lighting the streets of the City under contract with the City, or under private contract, connected with wires or cables in underground conduits or subways of a public utility; but all wires for street lighting above the surface of the streets must be placed inside or on the outside of poles used in connection with such street lighting as directed by the City and must be connected underground from the foot or base of the respective poles directly with the nearest wires or cables placed in such conduits or subways; provided that wires for street lighting if put on the outside of poles must be placed in proper enclosures so as not to endanger life or property, excepting, however, wires above the ground connecting the poles and their wires with the light fixture on the pole.
- B. Traffic signal installations made and maintained by the City. When deemed appropriate by the City Administrator, agreements may be made with private property owners permitting attachment of traffic signal installations to privately owned buildings, and the City Administrator is authorized to enter into or to approve agreements relating to them, such agreements having first been approved as to form by the City Attorney. The agreements made prior to the effective date of this Chapter are ratified and confirmed.
- C. Wires, cables, and appliances for electric signs, advertisements, and decorative lighting, connected with wires or cables in underground conduits or subways of a public utility; provided that all such wires for electric signs, advertisements, and decorative lighting must be carried from or connected with the building, and if such wires are placed on the sides or front of any such building, they must be placed in proper enclosures so as not to be dangerous to life or property, and the wires must be connected underground from the foundations or basement of the respective buildings directly with the nearest wires or cables placed in such conduits or subways. No wire for electric signs, advertisements, or decorative lighting may cross any street above ground.
- D. Wires, cables, and appliances for telegraph, telephone, district telegraph, and fire alarm systems connected with wires or cables in underground conduits or subways of a public utility or a City system; provided that all wires for telegraph, telephone, district telegraph, and fire alarm systems above the surface of streets must be placed on the sides or front of buildings in proper enclosures as the City Administrator may find necessary to prevent danger to life or property, and these wires must be connected underground from the foundations or basement of the buildings directly with the nearest wires or cables in conduits or subways.
- E. Wires, poles and attachment hardware for transit electrification systems; provided that all wires or hardware for transit electrification systems above the surface streets must be placed as the City Administrator may find necessary to prevent danger to life or property within the requirements of the National Electrical Safety Code (ANSI C 2), and that if required, these wires must be connected to underground wires from the foot or base of the respective poles.
- F. Appliances or appurtenances on, through, or by means of which telecommunications data is wirelessly collected or transmitted, as defined by the City’s Transportation Administrative Rules. Attachments to infrastructure not owned and maintained by the City must adhere to 3rd party attachment rules as laid out in the City’s Transportation Administrative Rules.
- G. Wires, cables, and appliances for decorative lighting, electric heating devices, and other approved electrical uses associated with permitted outdoor dining installations, being in compliance with the requirements described in Administrative Rule TRN-10.04, provided that all such wires must be carried from or connected with an adjacent building, and if such wires are placed on the sides or front of any such building, they must be placed in proper enclosures so as not to be dangerous to life or property. No wire may cross or impede any travel lane unless approved by the City Administrator.
17.60.120 Joint Use of Conduits.
Nothing in this Chapter may be construed to prevent or impair any agreement between or among persons affected by this Chapter designed to provide for joint ownership, control, or use of conduits or subways.