(A) Any individual, corporation, organization, partnership or similar entity shall apply for and obtain a city-issued right-of-way permit before using any public right-of-way, including streets, roads, alleys, bridges, bike lanes and pedestrian paths, within the city limits for any of the following uses:
(1) Transport of goods or passage of one or more vehicles longer than 40 feet singly or as a single unit in combination or 60 feet total for the combination of vehicles including length of load or otherwise oversize according to O.R.S. 818.010.
(2) Transport of goods or passage of one or more vehicles heavier than 34,000 pounds gross vehicle weight unless weight is mitigated by use of additional axles as prescribed by O.R.S. 818.080 or a route is otherwise identified as weight limited.
(3) Placement of underground, above ground or overhead wires, pipes, fiber optic lines, poles, transmitters, receivers, antennas, equipment cabinets or other equipment within, over or under the public right-of-way, or the extension, expansion or replacement of any of the foregoing facilities in the public right-of-way. These activities may also require a franchise with the City of Banks for long-term occupation and use of the public rights-of-way.
(4) Obstruction of the normal passage of goods and people over the public right-of-way for any period of time by occupying the right-of-way with a stationary object or passage of pedestrians or vehicle(s), whether motorized or non-motorized, moving slower than the posted speed. This includes parades, bicycle or foot races, fairs, festivals and the like, as well as survey work within the right-of-way that may obstruct or slow traffic. These activities may also require a land use or special use permit depending upon the specific proposal.
(5) Any pavement or concrete cutting, boring, excavation, digging, construction, building or physical disturbance of, or within, the right-of-way.
(B) Any entity required by this ordinance to obtain a right-of-way permit shall apply using forms provided by the city and, as applicable, provide the following information:
(1) The name, address, phone number and other contact information of the person or entity responsible for the permitted use and the same contact information for the person who will be on-site in the city when the requested use is occurring
(2) Detailed description of the use or project proposed, including nature of the use, size, weight, number of vehicles, bicycles, people/pedestrians, the reason for the construction or excavation within the right-of-way, and the like.
(3) Engineered drawings of the underground, above ground or overhead wires, pipes, fiber optic lines, poles, transmitters, receivers, antennas, equipment cabinets or other equipment within, over or under the public right-of-way, or the extension, expansion or replacement of any of the foregoing facilities in the public right-of-way.
(4) Specific dates, times, frequency and locations (specific portions of identified rights-of-way) for which the permit is sought and during which the right-of-way will be used, disturbed or affected.
(5) Detailed description of the anticipated impact of the proposed use, including poles and other structures that will need to be moved, reconstructed, reinforced and/or repaired. This should also include a description of the traffic, pedestrian and bicycle safety impacts of the proposed use. For construction or excavation, this includes the exact location, size of excavation, depth, etc., and a detailed description of the utilities that may be affected.
(6) A detailed description of the mitigation measures, including safety measures proposed to maintain public safety, and measures to protect and repair the structural integrity of the right-of-way.
(7) Any other relevant information related to the unique nature of the proposed use or otherwise required by the city for a full evaluation of the proposed use and its impact of the public right-of-way. The city may rely on O.R.S. 818.105 and 818.220 as a framework for identifying relevant information required for a complete application.
(C) All applicants for a Right-of-way Permit may be required to reimburse the city for all of the city’s reasonable costs incurred in evaluating the applicant’s proposal, impacts and permit/condition compliance, including review by the City Engineer, City Planner, City Attorney and any other outside consultant.
(D) Approval of a right-of-way permit, including conditions designed to protect the long-term function, safety and structural integrity of the right-of-way and all utility infrastructure within the right-of-way, shall not be unreasonably withheld. However, where protection of the function, safety and structural integrity of the right-of-way or utility infrastructure within the right-of-way cannot be assured through the imposition of conditions, the permit shall be denied.
(E) All right-of-way permit applications shall be reviewed and decided in writing by the city manager in consultation with the city planner, city engineer, and any affected state, county or federal agencies. The city manager may refer any right-of-way permit application to the city council for review and decision.
(F) Any decision on a right-of-way permit by the city manager is final unless appealed to the city council. A right-of-way permit decision may be appealed to the city council by requesting council review within 14 days of when the city manager’s decision is reduced to writing and signed. Any decision by the city council on a right-of-way permit is final. The city’s decision on a right-of-way permit is not a “land use decision” or “limited land use decision” under O.R.S. Chapter 197, nor is it a “permit” under O.R.S. Chapter 227.
(Ord. 2016-08-01, passed 9-13-2016)