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Home My WebLink About2009-29 Right of Way Guidelines RESOLUTION NO. 2009- J. '1 A RESOLUTION ADOPTING RIGHT-Of-WAY ENCROACHMENT GUIDELINES, STANDARD fORMS, MINIMUM STANDARDS fOR fUNCTIONAL ITEMS, AND THE DOWNTOWN SIDEWALK USAGE MAP. WHEREAS, On July 21,2009, the Ashland City Council adopted Ordinance #2989 "An Ordinance Amending AMC Chapter 13 To Establish Standard Forms For Right-of-Way Regulation and Providing For Donation or Loan of Functional Items", and WHEREAS, On July 21,2009 the Ashland City Council adopted Ordinance #2990 "An Ordinance Amending AMC Chapter 13 Adding Uniform Sidewalk Regulations and Repealing AMC 6.44", and WHEREAS, In order to allow time to adopt standard forms and implementing documents the ordinance becomes effective November 1 , 2009, and WHEREAS, the Ordinance requires that standard forms, identifying and establishing Minimum Standards for Functional Items, and a Downtown Sidewalk Usage Map (DSUM) be established by Resolution, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Right-of-Way Encroachment Guidelines, which includes standard forms and identifies and establishes Minimum Standards for Functional items and the DSUM, marked "Exhibit A" and attached to this Resolution, is adopted. SECTION 2. Pursuant to AMC Chapter 13.03, the City Council ratifies the City Administrator's Order concerning the timing of submission of publication box applications, specifically: Publication box applications under interim regulations in AMC 13.03 may be submitted to the City between October 21 , 2009 and December 1, .#, 'f () J.rt/ 2009. All applications must be received and deemed complete by December 1. ' 2009. LA '~V'- . f/I Between December 1, 2009 and December 15,~ the City will, by lottery in fA.;.,. 001 accordance with AMC 13.03, assign spaces on ifiei5'owntown Sidewalk Usage Map. 6 bP All boxes shall be moved into assigned spaces or to the Publication (NO FEE) zone by , January 1,2010. Fees for occupancy of spaces will commence on January 1,2010. SECTION 3. This Resolution shall be effective November 3, 2009. ~o day of Barbara Christensen, City Recorder Page 1 of2 SIGNED and APPROVED this Jl- day of October, 2009. R~~JJ Richard Appicelio, . . - . City Attorney Page 2 of 2 .-~I.'~ , ... ,", . . .! ~.--- I? " I - ,...-....."'" --- ,.. I ' , i- Right-of-Way Encroachment Guidelines C.ITYOF ASHLAND Right -of- Way Encroachment Guidelines Table of Contents I. lntroduction and Purpose IT. Pro c e s s F low c hart ill. Abbreviations and Definitions TV. G e n era I G u ide Ii n e s for a II Ene r 0 a c h men t s A. Design Guidelines for all Encroachments B. Placement, Clearance, and Spacing Standards C. Materials and Construction Standards D. Maintenance and Safety Standards E. Procedures for Abatement / Removal F. Penalties V. Functional Item-Specific Guidelines A. Sidewalk Cafes B. Bicycle Racks C. Receptacles D. Planters E. Benches F. Publication Racks G. Bollards H. Bus Shelters VI. A P pen die e s A. Standard Specifications & Details B. Pennit Application Pack C. Ordinances 2989 and 2990 D. Downtown Sidewalk Useage Map (DSUM) /' Right-of- Way Encroachment G~idelines 1. Introduction In 2008 the Ashland Downtown Task Force made several important recommendations to the City Council concerning the use of City sidewalks for commercial and other pUlpOses. As a resuh Ashland Municipal Code (AMC) 13.06 was repealed and Chapter 13.03: Sidewalk Cafe, Spect31 Event and Publication Box Regulation (Effective 11/1/09) was adopted. This ordinance protects and promotes a safe environment on public sidewalks (public right-of- way) within the C-I-D, C-l and E-l Zoning Districts. Placement of objects on sidewalks is colISidered an encroachment in the public right of way and, as such, requires adequate regulation to guarantee uninhibited pedestrian access on sidewalk, sufficient access for passengers entering and exiting parked vehicles, maintenance of utilities, and emergency service access. Standard form templates and fees (application, square feet or gross sales rates) including insurance and maintenance/hold harmless/indemnity agreements as well as the "Downtown Sidewalk Usage Map" (DSUM) were adopted by City Council Resolution on October 20th, 2009. Purpose The pUl]Jose ofthis document is to prescribe the place and manner for requirements for the placement of encroachments upon any public right-of-way within the City of Ashland. These requirements are set forth to protect and promote the public heahh, safety, and welfare of citizens of the City. This is accomplished by eliminating potential hazards to motorists and pedestrians using the public streets, sidewalks, and rights-of-way. Property values are safeguarded and enhanced by cOlISistent application of design standards. Goals and Objectives of an Encroachment Policy . To ensure the public continues to have aesthetically pleasing views and safe areas to walk. and drive. . To protect and preserve the sidewalks, streets and open space, . To increase community awareness regarding encroachments and open space use. . To promote a consistent policy of reducing and minimizing encroachments into the public right-of-way. . To establish a uniform application process and solution for all encroachment in the public right-of-way. All of the items listed in this document, (e.g. benches, newspaper racks, sidewalk cafes, planters, way-fmding features/facilities, etc.) that are not owned or donated to the City, require a pennit that can be obtained from the City of Ashland Public Works Department (PW). For information regarding the pennit process, please contact the PW staff; (541)488-5347. The basic pennit process is shown in the flow chart that follows: G:\pub-wrks\englQ9,2.5 ROW Encroachment OrdlB_Eng\2009-1 (H4\ROW GuideJines.doc Page 2 of 44 Right-of-Way Encroachment Guidelines IL Process FLowchart for Functional Items Individual contact City to determine steps needed to place object in ROW~q; S41-488,5347 Donalion Standard Specification Item City Administrator reviews Item is placed in appropriate seelion or Righi of Way. City maintains ilem oontinuousl)' (exception planters) Non-Standard Spccilicalion Ilem Individual submits oompleted pennil aoolication Process application through Planning Public Works Engineering processes lhc application Item goes before Public Arls Commission for lllC applicalion is reviewed againsllhe ROW Encroaclnnenl Ordinance Guidelines If applicalion is approvcd Public Works Engineering Issues a Pennit ImIim Loan Applicanl provides necesslfY insurance forms 10 Cily and agrees 10 ~ntain encroachment for a period of I ycar Item is placed in appropriate seclion of Right of Way Yes Public WOIXS Engineering enforces the Permit for a period of I }'car No Remove Item G:lPllb-wTkslengI09-25 ROW Encroochment 0nIID_EngI2009,lO-14\ROW Guidelines.doc Page 3 of 44 Right-of- Way Encroachment Guidelines Ill. Abbreviations and Definitions Abutting Property Owner: Any owner or occupant of property which abuts the subject adjacent sidewalk permit area Adjacent sidewalk area: That portion of the public sidewalk between the curb line and the property line demarcated by extending the side building lines of the premises until they intersect the curb. Bench: A bench is an object placed to provide opportunity for sitting. A bench has a seat and may have an armrest and a back. Chair: A chair is a movable piece of furniture consisting of a seat, legs, back, and sometimes amrrests, for use by one person Plastic Chairs are not permitted as encroachments in the Right of Way. City owned functional items: Functional items identified by Resolution ofthe City Council to be allowed to encroach in the Public Right of way. The purpose of this guideline is to identify specific functional items and establish minimum standards for such items. City-owned items do nnt require a permit. See below for defmition of "Functional Items". Donated or Loaned Functional Items: An abutting property owner together with the occupant may donate or loan to the City of Ashland a City standard functional item for use in an adjacent sidewalk permit area. Other persons or entities may also donate or loan functional items for use in non adjacent public areas. Items accepted on loan reQuire insurance and a maintenancelhold harmless/indemnity agreement in the standard approved form. Donated items do not require insurance or a maintenance agreement, but the donations must be accented by the City to be eligible for placement. Sidewalk cafe tables and chairs do not qualify for this program. The City Administrator is the delegated authority to accept or reject donations and loans for Public Art purposes. After demonstrated compliance with this section, the City Public Works Director may authorize in writing the placement of a donated or loaned city standard functional item in locations meeting the a minimum the six foot or eight foot clearance requirement of AMC 10.64.010 or in approved locations shown on an adopted Downtown Sidewalk Usage Map. Items not strictly complying with minimum standards for such City functional items, (e.g. a decorative art bench or commercially integrated signlbench) may be permitted through the public art process in AMC Chapter 2.17 or AMC Chapter 18.96 (Sign Regulations). An accepted donated item can be placed without a pennit and without required insurance. Downtown Sidewalk Usage Map: (DSUM) A detailed map of the Ashland Downtown District adopted by Resolution of the Ashland City Council. The DSUM graphically demonstrates the sidewalk areas available for occupancy or encroachment under Ordinance 2989 and 2990. Temporary Encroachment: An encroachment is any structure, building, fixture. sign, or other object belonging to any person which has been constructed, installed, or placed on any public street, public sidewalk, or public right-of-way, other than encroachments which will remain in G:lpub-wrkslengl09-25 ROW Encroachment OrdlB_Eng\2009-t 0-14\ROW Guidelines.doc Page 4 of 44 Right-of- Way Encroachment Guidelines place for a temporary period oftime not in excess of thirty (30) days that have been approved by the City in connection with an event for which the City has issued a permit. Functional items: Outdoor furnishings that include, but are not limited to, benches, water fountains, planter boxes, garbage receptacles, ash cans, bike racks, boUards, publication boxes, way-fmding features/facilities, and other miscellaneous outdoor items identified by the City. They are often called "Site Furnishings" in standard specifications. Historically Significant Item: (e.g. Haskins Pump on 4th St) Construction in the Right of Way that has been in its current location for more than 40 years and/or is identified in the City's Historic Inventory. Historically Sigriificant Items may not be modified or ahered without review and approval by the Ashland Historic Commission and Public Works Department. Multiple unit news racks (MUNR): A muhiple unit news rack is a structW"e designed to hold newspapers and publications and to facilitate the sale or distribution of for fee or free publications. Sidewalk Cafe. An outdoor extension of an existing premise licensed as a restaW"ant used for serving food or beverages from a restaurant to patrons seated at tables located 'within the adjacent sidewalk area, including, in the case of a Permittee in possession of a valid license for the sale of alcoho I beverages covering such sidewalk, the service of such beverages, or providing seating for patrons in the adjacent sidewalk area Sidewalk Pennit Area: That area of a City public sidewalk being lawfully utilized by a person or entity pursuant to a permit or agreement with the City of Ashland for the limited purposes set forth in these Guidelines. Lawful use for purposes of this Guideline means compliance with all applicable Federal State and local laws and regulations including but not limited to full payment of fees, rates, and charges, if any. Temporary: As used here, temporary defmes an object that can be placed in the right-of-way that is not a permanent fixture and can be removed at any time. Temporary sidewalk planter: An object suitable for growing plant material that can be placed in the right-of-way that is not a pennanent fixture and can be removed at any time. Pennit holders are responsible for maintenance of plantings. . Sidewalk cafe: An outdoor extension of an existing premise licensed as a restaW"ant. Litter receptacle: A container placed in the public right-of-way for trash coUection or Recycling. Historic stmcture: As used in regulations pW"SUant to the Tax Reform Act of 1986, a historic structure is any building listed individuaUy in the National Register of Historic Places, or a building located in a registered historic district and certified by the Secretary of the Interior as being of historic significance to the district. G:\pub-wrkslengl09,25 ROW Encroachment OrdlB_Eng\2009-10-14\ROW Guidelines.doc Pall" 5 of44 Right-of- Way Encroachment Guidelines IV. General Guidelines for all Encroachments A. Design Guidelines The following information has been assembled to aid in locating and choosing Functional Items in the public and private-public areas that lie between the street curb and either the front face of buildings or the front property line of abutting parcels, which ever is closer to the curb. The Ashland Street Standards and the Site Design and Use Standards publications provide guidance in laying out whole streets, blocks, corridors, and districts. Specific information about street trees and street lighting is provided. Functional Items should be considered secondary to street lights, utility poles, street trees, and tree grating. Street tree and lighting placement define the major rhythm of design elements along the street, and functional items should be placed in relation to the trees and lighting, after the best locations for these objects have been located. Additional guidance for furnishing layout at transit stops is available from RVTD. All functional items must be accessible per ADA guidelines and City regulations, including the 2002 Americans with Disabilities Act Accessibility Guidelines (or Buildings and Facilities (ADAAG), as well as 2005 revised access Board Draft Guidelines, and in general the following: 1. Functional items must maintain the minimum 4 foot ADA required clear accessible route, and should leave the minimum through widths described in Section 4 of the ADAAG. 2. Object.~ mounted on walls or posts with leading edges above the standard sweep of canes (27 inches) and below the standard head room clearance (80 inches) should be limited to a 4 inch maximum protrusion.(e.g. hanging planters) 3. No sidewalk element may interfere with pedestrian access to the entrance of any building; this includes the path of travel and disabled access requirements of ADA an~ Title 24. This includes all paths oftravel or exiting. No functional items may be located below a fue escape or over a utility valve or utility box. 4. Wherever possible, functional items should be of a contrasting color to the sidewalk so as to aid pedestrians with visual impairments. 5. Functional items should leave a minimum 8' of clearance adjacent to disabled parking and passenger loading zones. B. Placement, Clearance, and Spacing Standards 1. The minimum clearance between permit area boundary and fixture or structure is 8 feet where sidewalk is more than II feet wide or 6 feet where sidewalk is less than 11 feet wide. The Public Works Director may require more clearance if necessary for public safety and ADA Access. 2. Except as specified on the DSUM, no object shall be placed within : a) Six feet (6') of outer edge of any roadway b) Two feet (2') from face of curb for publication boxes c) Ten feet (10') of any crosswalk d) Fifteen feet (IS') of an intersection (add to OR]). 2990) e) Six feet (6') of any fue hydrant or other emergency facility G:lpub-wrkslengl09-25 ROW Encroochment Ord\B _ Engl2009- t D-14\ROW Guidelines.doc Page 6 of 44 Right-of- Way Encroachment Guidelines f) Ten feet (10') of any driveway or alley entrance g) Three feet (3') from bike rack h) The designated footprint of a bus stop. 3. Placement of functional items should consider car overhangs and door swing. When placed near the curb, Functional Items should be located at the edges o/the delineated on-street parking stalls rather than at the center wherever possible. C. Materials and Construction Standards Functional Items shall be constructed of durable, high quality materials that can resist the maximum physical forces (design loads) imposed on them without losing functionality or endangering the safety of the public. Evidence of adequate structural strength and conformance with other applicable requirements must be demonstrated before an encroachment permit can be issued. Manufacturers of site furnishings can normally provide specifications for their products that confirm their structural adequacy. Custom designs may require written confrrmation by a licensed design professional, upon request by the Public Works Department, Two Standard Colors (Black and Evergreen per Timberfonn's standard paint palette) are strongly encouraged for the metallic components, except where there is a specialized streetscape pattern or palette with a particular design scheme. 1. All temporary objects or shall be structures weatherproof and sturdy construction (i.e. solid wood, iron, non corrosive meta~ cement, or similar material). In addition, the following applies: a) No plastic. b) No object shall be chained hotted to each other or to the swface c) Objects must be movable by one person d) All objects that fall under the category of signs in City Ord. 18.96.040 must meet the requirements of that chapter, regardless of their location (private property vs. public right of way). e) Objects shall be labeled with name/address/phone number ofthe owner f) OlijeCts must be clean and in good repair g) Objects must maintain a weather proof or weather resistant quality h) Objects shall be self supporting under a wind load of at least 20 pounds/square foot and be structurally stable as defmed for structures in the cw-rent structural building code. Evidence of the item's structural integrity may be required, and may consist of stamped calculations by an Architect or Engiileer licensed in the state of Oregon or other verifiable evidence of the safety of the item's design and construction. i) These requirements for Sidewalk Cafes, functional items and publications hoxes apply to items placed in C-t-D, C-I, E-I zoning designations only. 2. The Property Owner of the adjacent building must consent to placement. (See permit form.) 3. Submit a Signed Pennit and comply with all required conditions of the permit. 4. Furnish and maintain personal injury, property damage and general liability insurance in the amount of$l,ooO,OOO (municipal tort liability under Oregon Tort Claims). List City as additional insured. Insurance cannot be canceled without 30 days written notice. 5. Submit the following information for issuance of a permit: G:\pub,wrkslenglO9-25 ROW Encroachment OrdlB_Eng\2009-1 O-t4IROW Guidelines.doc Page 7 of 44 Right-of- Way Encroachment Guidelines 6. Pay appropriate fee based on square footage (50 sq ft minimum) 7. Submit diagram with dimensions and the locations and description of all structures, materials and activities shown as well as any pre-existing nearby obstructions (see example). D. Maintenance and Safety Standards - See Appendix Afor an Operation and Maintenance Plan example. E. Procedures for Abatement / Removal Permit Conditions . Pennit card must be prominently displayed . ROW Encroachment Permits expire December 31st of year pennit applied for . Permits are not transferable . Pennit can be temporarily suspended for the good of the City upon 48 hour notice; the City assumes no responsibility for loss, but permit costs shall be prorated and refunded . Permits are limited to the area shown on approved site plan . Any functional items not used for 72 hours must be removed . Food service and liquor licenses must be obtained prior to issuance ofpennit . Permits must comply with City sign regnlations . No smoking is allowed in utilized sidewalk area . All required supervision is the responsibility of the Permittee or employees Revocation of Permit Denial, Revocation or Suspension: . Pennit is null and void if not paid within 3 working days of due date . Permittee has 30 days to appeal in writing; City Administrator renders fmal decision Violations: . Iffunctional items or sidewalk care furniture is placed without a permit, violators are subject to a Class C Misdemeanor (AMC 1.08) and a one year penahy. . . Violations associated with not paying city fees (business license, food and beverage tax, transient occupancy tax, etc) is considered a Class A violation. . If cited then permit is revoked and cannot be reinstated for two years. . City can abate serious risks to persons or property. Owner/operator is responsible for any/all costs associated with an abatement. F. Penalties Any violation of this chapt... shall bean infraction as defined by AMC l.08.020.and punishable by a fine as set forth in that section The City Administrator or designee is authorized to issue a citation to any person violating the provisions of this chapter. After two infractions, the sidewalk cafe permit shall be revoked for a period of at least one year. G:Ipub,wrkslengl09-25 ROW Encroochrnent Ord\B _ Eng\2009-1 0-14\ROW Guidelines.doc Page 8 of 44 Riglrt-of- Way Encroachment Guidelines IL It e m - S pee if i c G u ide I i n e s G:\pub,wrlmlengl09-25 ROW Encroachment OrdlB_Eng\2009-1 0-14\ROW Guidelines.doc Pal!" 9 of 44 Right-of- Way Encroachment Guidelines Sidewalk Cafes Pu rp ose The purpose of this chapter is to permit sidewalk dining that is compatible with other uses of the public sidewalk. The City fmds that sidewalk cafes encourage a pedestrian-oriented environment, help to create a visually attractive atmosphere and streets cape, and promote overall commerce. Background A Private commercial use of public sidewalks for the purpose of operating a sidewalk cafe in the City is prohibited unless a permit is obtained from the Public Works Department. The annual permit fees shall be established by resolution of the City Council and adjusted annually by the cpr for the previous calendar year. Permits expire December 31st. B. There are no variances or exceptions allowed to this ordinance. C. The mal:imum occupancy of the outdoor licensed premises shall be detennined by the Building Code and shall be posted per the Code. Generally speaking. the Code limits the occupancy to 1 occupant per 15 square feet. If, for example. the dimensions of an outdoor licensed premise is 30 feet wide and 15 feet deep, the maximum occupancy would be: 30feet x 15feet = 450 square feet 450 square feet 115 square feet per occupant = 30 occupants D. The Public Works Director shall fOlWard all applications for review by the Fire Marshal~ Building Official, Director of Community Development and the City Recorder (if alcohol will be serviced.) The Director shall determine the zoning of the request, and determine whether the proposed use is in conformance with the requirements ofthe Land Use Ordinance. Requirements In determining the proposed layout for your sidewalk cafe or functional item, consider all existing sidewalk obstructions such as sign and signal poles, bike racks (leave room for the bikes in your measurements), bus zones, fire hydrants, existing sidewalk furniture, street trees, tree wells, phone booths, mail boxes, newspaper racks, etc. The Public Works will review the application for compliance with the following criteria: I. Sidewalk Cafes can be placed in C-I-D, C-I, E-l zoning designations only. 2. The Property Owner of the adjacent building must consent to the placement. (See permit form.) 3. The minimum clearance between permit area boundary and fixture or structure is 8 feet where sidewalk is more than 11 feet wide or 6 feet where sidewalk is less than II feet wide. Public Works Director may require more clearance if necessary for public safety. 4. Except as specified on the Downtown Sidewalk Usage Map (DSUM), no object shall be placed: a within 6' .of outer edge of any roadway (24" for publication boxes) G:\pul>-wrks\engl09-2S ROW Encroachment Ord\B~Ens\2009-1o-14\ROW Guidelines.doc Page 10 of 44 Right-of- Way Encroachment Guidelines b. within 10' of any crosswalk c. within 15' of an intersection d. within 6' of any fITe hydrant or other emergency facility e. within 10' of any driveway or alley entrance f. within 3' from bike rack, g. within footprint of bus stop 5. Sign the "Release, Hold Harmless and Indemnity Agreement". 6. Furnish and maintain such public liability, food products liability, liquor liability and property damages insurance as will protect Permittee and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage of not less than the amount of ($1,000,000?) municipal tort liability under the Oregon Tort Claims Act. Such insurance shall be without prejudice to coverage otherwise existing, and shall name the City, its officers and employees, as additional insureds, and shall fin1her provide that the policy shall not terminate or be canceled prior to the expiration of the permit without 30 days written notice to the City. 7. Submit the following information for issuance of a permit: . Complete and sign application form (including sign hold harmless agreement) . Pay appropriate fee based on square footage (50 sq ft minimum) . Submit diagram with dimensions and the locations and description of all structures, materials and activities shown (see example). . Submit Certificate of Insurance and Endorsement Form Permit Terms & Conditions (partIal summary) . Permit card must be prominently displayed. . ROW Encroachment Permits terminate December 31st of year permit applied for. The Public Works Director may approve, approve with additional conditions, or deny the request for renewal. An annual permit fee based on the square footage is due at the time on renewal. . The permit issued shall be personal to the Permittee only is not transferable in any way. . Permit can be temporarily suspended for the good of the City (use of right-of-way for a public event, construction, repair, or any other pwpose) upon 48 hour notice; the City assWTIes no responsibility fOT loss, but permit costs shall be prorated and refunded. . Permits is specifically limited to the area approved or as modified by the Public Works Director. And will include a scaled diagram indicating the area approved for the sidewalk cafe and the location of the tables and materials 'permitted to be in the right of way. . The sidewalk and all things placed there shall at all times be maintained in a clean and orderly condition. Only those things authorized by the permit and shown on the diagram may be stored in the public right- of-way when the sidewalk cafe is not in operation. Should the Permittee not utilize the sidewalk as authorized for a period of 48 hours or more, all the tables and materials shall be removed therefrom. . The operation of a sidewalk cafe required that trash containers be provided on site. . All required building modifications or parking improvements shall be competed prior to the commencement of the operation of the sidewalk cafe. G:\pub,wrks\enj\09-25 ROW Encroachment Ord\B_En,iI2009-1 o-I~\ROW Guidelinos.doo Page 11 of 44 Right-of- Way Encroachment Guidelines . No signs shall be attached to any furniture, umbrellas, awnings, or other structure related to the operation of the sidewalk cafe. . Tables and chairs shall be weatherproof and sturdy construction (solid wood, iron, non-corrosive metal, cement or similar material- no plastic allowed) . Any functional items not used for 72 hours must be removed . Food service and liquor licenses must be obtained prior to issuance of permit . Permits must comply with City sign regulations . No smoking is allowed in utilized sidewalk area . All required supervision of the sidewalk cafe is the responsibility ofthe Permittee or employees Maintenance 1. Outdoor premises shall be kept broom clean at all times; planters must be kept clean of debris and dead plant life; painted improvements on public right-of-ways must be kept freshly painted and free from rust. 2. Materials for sidewalk cafes can be left out year round per the discretion of the business owner(s). Materials forthe sidewalk cafe must be in compliance with the maintenance section requirements at all times. 3. The owner of the sidewalk cafe is responsible to maintain the property dwing all seasons, including the removal of snow and ice. 4. To promote security, staff reconunends that tables and chairs be taken inside every evening to prevent theft and damage. 2. No object shall be chained bo hed to each other or to the surface 3. Objects be movable by one person 4. Objects meet sign code 5. Objects shall be labeled with name/address/phone number of the owner 6. Objects must be clean and in good repair 7. Objects must maintain a weather proof or weather resistant quality 8. Objects shall be self supporting under a wind load of at least 20 pounds/square foot G:\pub-wrks\enJjl09,25 ROW Encroochment Ord\B_Ens\2009-1 Q-14\ROW Guidelines.doc Page 12 of 44 Right-of- Way Encroachment Guidelines Bicycle Racks -i[S '-' . - ,--' ~ ~-.......J_ Purpose Bicycle racks are an important element ofthe streetscape, both as an aesthetic aspect of the streetscape and as a functional element for those who travel by bike. Bicycle racks are also opportunities for distinctive design and public art objects. Where part of a special maintenance or public art program, uniquely designed, yet functional bicycle racks may be submitted for approvaL Requirements See standard detail CD173. See City Ord. 18.92 for placement of bike racks on private property. Location Bicycle racks should be located according to the following guidelines: I. Placement and spacing of bicycle racks should consider dimensions when occupied 2. Bicycle rack placement should be frequent in active commercial districts. 3. Racks should be provided near major destinations such as schools, libraries, transit stops, major shopping and service destinations, and other locations with high pedestrian traffic 4, Racks should not be placed a accessibility (blue paint) zones. 5. A rack should not be located closer to the curb than (24") two feet. TIrree feet from the curb is ideal, ahhough in certain circumstances, the distance may be greater, 6. Bicycle racks should not be located directly in front of a store/building entrance or exit or in a driveway. 7. There IIUJst be at least 3 feet of clearance between bicycles parked at racks and any other street furniture, with the exception of other bike racks, which should be placed a minimum of every 3 feet on center. 8. Street utility vauhs must have a 12 inch clearance from a bicycle parked at a rack. 9. An aisle for bicycle maneuvering shall be provided and maintained between each row of bicycle parking. Bicycle parking shall be designed in accord with the illustrations used for the implementation of this chapter. 10. Each required bicycle parking space shall be accessible without moving another bicycle. II. Areas set aside for required bicycle parking shall be clearly marked and reserved for bicycle parking only. 12. Bicycle parking shall be located to minimize the possibility of accidental damage to either bicycles or racks. Where needed, barriers shall be installed. 13. Bicycle parking shall not impede or create a hazard to pedestrians. They shall not be located so as to violate vision clearance standards. Bicycle parking facilities should be hannonious with their environment both in color and design. Facilities should be incorporated whenever possible into building design or street furniture. G:\pub-wrkslenglO9-25 ROW Encroaclunent OrdlB_Eng\2009-1 0-14\ROW Guidelines.doc Page 13 of 44 Righ1-of- Way Encroachment Guidelines Planters Pu rp ose The purpose ofthis section is to provide for consistent application of design guidelines for planters in the public righ1-of-way. Planters are a desirable element as they can be decorative and can add an element of beauty and identity to individual shops and street comers. For the purpose of these guidelines, temporary planters are distinguished from permanent planters by the function of movability and structure. Background At the time these guidelines were created, temporary planters in the City did not have consistent requirements for structure, weight, or placement. Planters were considered a tripping hazard and were typically not well maintained. Requirements See standard Detail CD175. Required height: Temporary planters will have a height of not less than eigh1een inches and not more than 54 inches. Required weight: Temporary planters will have a minimum gross weight of fifty (50) pounds, but once full of material, the weight will not be such that sidewalk. damage will occur. Required Placement: Temporary planters may be placed flush against a building, Structure and plant material must allow a six-foot clearance for pedestrians. Required plant materials: Temporary planters should be well maintained. Required structure: Temporary planters should be able to withstand gusting winds and attempts to kick them over. G:\pub-wrksleng\09,25 ROW Encroachment OrdlB.Engl2009-1 0-14IROW Guidelines.doc Page 14 of 44 Right-of- Way Encroachment Guidelines Benches Pu rp ose The pW]Jose of this section is to provide for consistent application of design guidelines for benches in the public right-of-way. Benches are a desirable element, as they can be decorative, and they can be functional sculptural pieces. The provision of public seating is encouraged in appropriate locations in the public right-of-way. Public seating is an important element in furnishing outdoor rooms. Plazas, squares, and wide sidewalks are all intended for pedestrian use and should be furnished in a manner that promotes that use. Benches can combine with planters and other elements of street furniture. Coordinated street furniture is encouraged. Requirements: See standard detail CDl77. Bench structure: A bench should have a sitting area of about thirty six (36) inches and a backrest that extends at least twenty four (24) inches above the sitting area. A backrest is not a required feature. A bench should have an armrest, ahhough an armrest is not a required feature. A bench, or a planned sitting area, should be about seventeen (17) inches off the ground. Implementation: The City standard benches have been chosen by the Public Works Director. These bench styles are chosen to deter vandalism, such as abuse by skateboarders or roller bladers. The Public Works Department will coordinate with those seeking to place benches inside C-I-D Zone to locate the benches in suitable locations. Benches can be placed against the face of a building. Placement of benches must allow for both adequate legroom and pedestrian clearance. Public seating requires particular attention to pedestrian traffic flow in order to design a comfortable, useable, and active public environment where people can rest, socialize, read, or simply watch. Location Seating arrangements should be located and configured according to the following guidelines: 1. Seating should be located under trees where possible to provide shade and comfort and to integrate muhiple objects. 2. Informal seating (low walls, etc.) can also be incorporated into other objects in the right of way, such as at planter edges. Where space allows, benches can be buih into planters. G:\pub,wrk>\engl09-25 ROW Encroachment OrdlB _ Eng\2009-1 D-14\ROW Guidelines.doc Page 15 of 44 Right-of- Way Encroachment Guidelines 3. Where seating is oriented parallel to the curb, it should face toward buildings when located in the Functional Items zone, or away from buildings when located in the frontage zone. 4. Seating should be provided on curb extensions in an organization that is grouped to create social spaces. 5. Seating incorporated into building form, such as seat-walls, is an ahemative to free- standing benches, and should be encouraged as a strategy to activate the front ofIarger developments as part of the streetscape. Given the visual character and amenities in Ashland and the areas around it, there are many scenic locations where varying from some of these guidelines may be appropriate in order to take full advantage of a street's setting. Design Design of seating should complement and visually reinforce design of other streetscape objects. At least one public bench in a group must be ADA accessible. See Section 4.37 of the ADAAG. Seating should be designed as an integrated part of other streetscape objects where possible, including: Integrated seat walls in pedestrian refuges Seat walls and benches around trees and landscaping Part of public art and gateway monuments G:\pub-wrkslengl09,25 ROW Encroachment OrdIB _ Eng\2009- t 0-14\ROW Guidelincs.doc Page 16 of 44 Right-of-Way Encroachment Guidelines Pub Ii cat ion Rae k s (N e w spa per S tan d s) .1I~t.,~. ..~ Purpose The purpose of this section is to provide guidelines for consistent application of newspaper stands. Newspaper stands are an element of street furniture that can change rapidly, There are currently more than twenty daily, weekly, and monthly publications in the City of Ashland. All need di stribution space. Some are ITee and are distributed off of shop counters. Some publications are for sale and need a distribution source where money can be exchanged for the product. These guidelines provide codification for the design of structures to promote consistent standards for newspaper distribution structures in the public right-ot:way. Background Private companies are prohibited ITom chaining, locking, or attaching in any way a newspaper box or stand in the public right-<lf-way in the Downtown area. To prevent theft of newspaper boxes and reduce clutter, it is desirable to assemble them in designated areas in coordinated MUNRs that can be bolted to the sidewalk by the City of Ashland. Reducing the amount of clutter in the public right-of-way works to promote public safety, clear passages, and simplify sidewalk maintenance. R e qui rem e n t S' See standard detail number CD179 for the draft MUNR. Should a company desire to secure a newspaper rack, box, or stand in the public right-of-way in 1he areas within the Downtown, Public Works promotes the use ofMUNR. The units must be expandable. The Public Works Director must approve the design. The design ofMUNR should prevent abuse, damage, and , attempt at vandalism. The Public Works Department is responsible for the installation of MUNR. The City will designate locations for MUNR in areas of good visibility and pedestrian traffic. Should a newspaper distributor elect to be part of a MUNR, the newspaper distributor will enter into a written agreement with the City to use the MUNR exclusively in all areas where the units are provided. , No MUNR shall be located in whole or in part on private property without the express written consent of the property owner orthe owner's representative, and in no case shall a MUNR be located at any location so as to obstruct the vision clearance area at intersections or street and driveway intersections, or so as to otherwise interfere with the clear and unobstructed vision and cross view ofmotorists at street intersections, driveways, or alleys. Interim Regulations for Publication Boxes G:\pul>-\'oTks\eng\09-25 ROW Lllcrooclnnent OId\lJ _ Eng\200'J-] O.]4\ROW Onidelilles.doc Page 17 of 44 Right-of- Way Encroachment Guidelines . Boxes will be placed in locations as shown on DSUM. (Boxes shall be placed in groupings no greater than 12 lineal feet and 200 feet from nearest grouping.) . Shall not be placed closer than 24' from the curb face . Shall not exceed 5' in height, 30" in width, 2' thick. . Shall have a system in place to prevent spilling . Shall be projected from weather . Fronted with clear glass or plastic window * Interim (privately-owned boxes will be phased out by 7/1112) Considered "City Functional items" therefore provided by the City of Ashland G:\pub-wrblc:ngl09-25 ROW Encroachment OrdIB_ Engl2009-t Q-14\ROW Guide1ines.doc Page 18 of 44 Right-of- Way Encroachment Guidelines Bollards Bollards are primarily a safety element to separate pedestrians or streetscape objects from vehicles or hazards such as out-swinging doors. Attractively designed bollards add color and interest to streetscapes, help defme pedestrian spaces, and provide a spot to lean on or rest at. Requirements See Detail CDi8i for Downtown Area Rights of Way. See Detail CD182 for Bike Paths and locations with heavy bicycle traffic. See Details CD 141 for locations that require periodic access by vehicles for maintenance, or where bollards are used for closing a street or parking space temporarily. See Details CD140 for other locations. Location Bollards should be located according to the following guidelines: 1. Bollards should be used at sidewalk locations where vehicles attempting to park are damaging sidewalk structures, trees orplantings (e.g. property, especially on alleyways). 2. Bollards should be considered for installation on median islands, curb extensions (but not on the boarding side oftransit loading islands or extensions), and mid block curb extensions, where there is a risk of danger to pedestrians due to Proximity to travel lanes. 3. Bollards can also be used in special locations, including pedestrian-oriented spaces such as pedestrian pathways, to designate lUlique spaces. 4. Lighted bollards can create a special pedestrian environment, and may be particularly useful to provide additional pedestrian lighting in median refuges. 5. Removable bollards should be placed at entrances to streets that are closed to vehicles for pedestrian use, to alert drivers to the changed nature of the street. Similarly. removable bollards can define the outside edge offlexible parking spaces (see Section 5.6) where the space has been converted to pedestrian use. 6. Bollards should be placed 18-inches (or 24 "?)from the buck of the curb. If there is no parlcing in the bollard placement area, the bollard may be installed immediately adjacent to the back ofthe curb. Standard bollard spacing is approximately 10 feet on center, but may need to be reduced where there is a need to block vehicular traffic. Spacing should vary to sync with the rhythm of lighting fixtures, trees and landscaping, or other objects in the streetscape. G:\pub'wrb\engl09,25 ROW Encroachment OrdlB_Eng\2009-lo-I4\ROW Guidelinos.doc . Page 19 of 44 APPENDIX A Appendix A: Standard Specifications And Details G:\pub-wrks\eng\09-25 ROW Ena-oachment OrdlB _ Eng\2009-] O,14\ROW Gwdelines.doc Page 20 APPENDIX A STANDARD SPECIFICATION SECTION 01095 - FUNCTIONAL ITEMS ("Site Furnishings") Description , 01095.00 Scope - This work consists of constructing items such as listed below and other Functional Items as shown or directed. Materials 01095.10 General: -Conform with following standard details in accordance with the most current version of the Ashland Engineering Design Standards for Public Improvements, as well as these Special Provisions for Functional Items: DETAIL ITEM Preferred Alternate CD171 Pedestrian Clearances Maximize Pedestrian Area See "Downtown Sidewalk uu................... ................................................................. .,<:Ivailable.'NI1,iIEl,rn,<:Iintaining, "lJ~<:Ig,eM<:Ip~f()rEl)(~ptions.. minimum clearances CD172 Sidewalk Cafes Annually permitted "IIIC:>~"PElrrnittEld,irl,c:>thElrm ...............---. I:>YPubiic Works Dept. . ............. Zones. In zones C-1, C-D-1, & E-1 CD173 "E.licycle,R,ac;ks "Hitcl1irlg.,F'()!)t,Eli~El,.RlI9< ..~ut>rnit,C:>rl:street.desigrl~" '" " .... ..................... ....-... Purchase from City to Engineering for 541-552-2290 ore-aooroval CD174 "!,rilsh,lteceptilc:les,.,, Timberform "Plaza" Victor Stanley "H-Series" ............... Model # 277O-DT-P ,Model # U-24 800-547-1940 800-368-2573 cD175 Planters Timberform "Craftsman" ,.,E,:agIEl.,Qne,:'<:;atalirl<:l",," .. ... .................................................. ........ Model # 2669-06 Model # C505 800-547-1940 1-800-448-3160 CD176 Tree Grates Neenah Foundaries . F'ClIY:<3fllteIlm Model # R-8707390 Model # TSB55 ................................. "i80i))'S23:6899'" 800-558-5075 CD177 Benches Timberform "Restoration" '" yi<:tor~tanley"Classi<:~ Model # 2118-6 Model # C-138 800-547-1940 800-368-2573 cD178 Publication Racks Shorack Modular Rack Shorack Broadsheet Model #49-16/100 Model TK-80 800-527-1134 800-527-1134 eD181 Bollards Trystan "Park Avenue" cD182 at bike paths ...................................... ............................................................... ViVVllVtry~t<lrle~Clc:tJc::tS.COrn , ,g[)1,~.1,.tElrnporary.c1osurEl!).,. 877-348-5845 CD140 elsewhere CD183 Bus Shelters Handi Hut "Yosemite" ..E,:ngirleere~,~tl1Jc:;ture, tc:>", ............... Model # 4-2H match structure at 800-603-6635 132 Ashland St. CD184 Water Fountains ,~llr~c:>c::~"QI~~tyle" , Murdock ............... Model # M-C76-1- AVAF Model # C-30 800-591-9880 800-591,9880 Construction 01095.40 General- Install all functional items as indicated as follows and in full accordance with the manufacturers installation procedures, recommendations, and requirements. G:lpub-wrkslengI09-25 ROW Encroachment OrdlB_Eng\2009-1O-14\ROW Guidelines.doc Page 21 ~ - M ~ - 8 N i S 1/:- 8 1 lli ! ~ ~ .. ~ g o N g; W ",' "E o '<' ~ E .c u ~ e u c w ;: o '" "' N :!; - '" c ~ ~ ~ .0 , 0- - (; CROSSWALK ~ PLACE BOLLARDS TO PROTECT PEDESTRIANS- SEE DETAIL CD181 TREE GRATES MAY PROTRUDE INTO PEDESTRIAN CLEARANCE AREA IF FLUSH WITH SIDEWALK. UNGRATED TREE WELLS AND RAISED GRATING MAY NOT - SEE DETAIL CD 176 ALL FUNCTIONAL ITEMS SHALL REMAIN AT LEAST 2' FROM FACE OF CURB AND 6' FROM ROADWAY PUBLICATION RACKS SHALL BE GROUPED IN MODULAR UNITS PER DETAIL CD178 MAINTAIN 3' CLEARANCE AROUND BIKE RACKS - SEE DETAIL CD 1 73 MAINTAIN 6' CLEARANCE AROUND HYDRANTS & EMERGENCY FACILITIES SHADING INDICATES ITEMS THAT APPENDIX A REQUIRE AN ANNUAL ENCROACHMENT PERMIT UNLESS DONATED TO AND ACCEPTED BY THE CITY. i~&) - --, I t-W \ (' I f /~~ ,f- I W W W -1"- ~ -.J..- \ DASHED LINES INDICA TE EDGES OF PEDESTRIAN CLEARANCE AREA. THE MINIMUM WIDTH (.oW') SHALL BE: 6' IF SIDEWALK IS II' OR LESS, 8' IF SIDEWALK IS MORE THAN 11' WIDE ALL FUNCTIONAL ITEMS MUST BE AT LEAST 15' AWAY FROM INTERSECTIONS AND la' AWAY FROM CROSSWALK~ ALLEY~ & DRIVEWAYS. (EXCEPTIONS: BOLLARDS, WA TER FOUNTAINS, AND STREETLIGHTS) MOVEABLE PLANTERS ON THE GROUND MAY NOT ENCROACH INTO PEDESTRIAN . CLEARANCE ZONE SEATING SHALL MAINTAIN 1.0' LEGROOM -SEE DETAIL CD 1 77 TRASH RECEPTACLES SHALL BE PER DETAIL CD 1 74 ""- BUILDING CORNER HANGING PLANTERS MA Y PROJECT 4" INTO CLEARANCE ZONE IF A T LEAST 27" ABOVE GROUND -SEE DETAIL CD175 PEDESTRIAN CLEARANCE AREA DRAWING NO. CITY OF -111I ASHLAND ~~" PUBLIC WORKS ENGINEERING www.oshlond.or.us 541-488-5587 fox 488-6006 OF CD171 it :;; 0; ! SEE DETAIL 8 '" CDI71 FOR i ADDITIONAL 9 INFORMA TlON R 8 t gj ,. ~ ~ ~ Y1 <r ~ S 8 I c '" - '" I c W I '" - "C 0 ~ c ~ E .c u ~ e u c w ~ " '" '" w '" 9- '" c N ~ ~ >- ~ /' 1> / ~ 0- - / (; APPEND'Xf Xli :~~:.~~ HATCH WITH DOTTED . : : ~ .. EDGE INDICATES IJ : : It ~.: SIDEWALK CAFE ~~;;;~;J PERMITTED AREA =(XI *YI )+(X2*Y2) + (XYY3)+..... X3= AVERAGE DEPTH AT DIAGONAL TRANSITIONS .....Z ><<0:: W::!;<{ Ww ClO::...1 o <.> ...10 (Df- ~ o W o W w I t N @ SIDEWALK CAFE EXAMPLE PLAN :;;: .z ,...,~ J , " PUBLIC WORKS ENGINEERING -""- CITY Of ~.Iia' OF ASHLAND _... ash/and. or. us 541-488-5587 fax 488-6006 CD172 i! "- M a; " - 13 N ~ C> - '" "- 8 t gj .. - "- ~ ... ~ g o N - '" c w '!i "E o ~ " E -6 .. E u c w ~ "' ~ '" o - '" c " ~ 1 " c. - " ,.", r It" , ,r " III '"iI J ~ "'. , C_J 2.50' 1 1/2" 0 ASTM ..../ A/20, Grode "B" Steel Pipe with J.5" Inside Radius Option 1 at concrete (sidewalks): Weld Base Plate and bolt down. Option 2 at asphalt: Omit base Plate and em e mm into 6" Diam by 15" Concrete Pier Elevation BICYCLE RACK REV 10/20/09 APPENDIX A PRE -APPROVED MODELS : City of Ashland Hitching Post Type Finish: Sandblast to Bare Metal, Powder Coat Forest Green, 5/8' ASTM, AJ6 !f Steel Plate 1 1/2" 0 STD. Steel Pipe 1/4" l() 0' cU J/4" 0 Hole For 1/2" 0 Red Head HN-58JO Hexnut Sleeve Anchor, Or Approved Equal , C\J "- - -D 3" r~ll .~ , ~ '1 f'''' II. '"I 1''-1 '~-.::I Base Plate ---Oetail--- 00 00 Plan View ~ 12" STRIPING @ ENOS & OUTSIDE EDges 15' , BIKE STfNSIL EACH END 2' t-+- 5' 15' I ~ 0 0 {'V"'..:", ":".g:'",!'"","'"':"'::"",,..,b..'tiL,,t.,........,. N,W..... Hl "" 2' 5'1,1 ': Of I ~ ~f~:iTOP cU ::,:;, 8.5' 1.75' Locate Racks @ 4.25' On Center FACE OF CURB 8.5' 1.75' ON-STREET MULTIPLE PARKING REV 10/20/09 PUBLIC WORKS ENG'NEERING ........ NO. CITY OF rai.' OF ASHLAND www.ashland.or.us 541-488-5587 fax 488-6006 CD173 ~ l? ~ ;.; ~ ~ - ~ ~- ~ 8 t .; a> ';' ~ .... ~ c ~ ~ ~ N f ~ t E .s:; u ~ ~ ~ on N ,!, % c u ~ j " - 1. (fJ j, II> - '" L: ( I I , .s:;; r U> 0 '- >-c . 0 -u 2 II> ~ ~ ---- 11- . '" Fits Std Me"to.l Tro.sh Co.n LITTER RECEPTACLE REV 04/02 APPENDIX A PRE -APPROVED MODELS: (Evergreen or Black) Timberform Plaza 2770-DT-P Pedestal mount by Timberform or BarcoProducts: RH-55 Pedestal mount by GC Dome Lid (Powder-coot Evergreen colored): Qmi.t exceDt ot bus shelters Steel Frome: Powder-coat Forrest Green WOOD SLA T - Cedar or dark stained (walnut) recycled plastic slots PEDESTAL MOUNT: (Downtown Only) APPROVED MODELS: Timberform Plaza 2770-DT-P Pedestal mount by Timberform or BarcoProducts: RH-55 Pedestal mount by GC PUBLIC WORKS ENGINEERING _NO. CITY OF r~' OF ASHLAND www.aBhlafld.or.us 541-488-5587 fox 488-6006 CD174 ~ ;/; <; ~ ;.; 8 N ~ ~ C>- ~ '" " 8 t ~ ~ " ~ ... ~ 8 o N - '" c ~I '" <'5 ~ c ~ ~ u '" o b c w ~ '" ~ ':' '" o - '" c " ~ ~ .c " 0. - .:; r BUILDING WALL AT WIDENED SIDWALK BEYOND - SEE CDI71 .... I I ~I ~. MOVEABLE PLANTERS . ON THE GROUND }... ~ MAY NOT ENCROACH N:::;; ~ I INTO PEDESTRIAN CLEARANCE ZONE .". AT WAll BEYOND CEILING OR AWNING r- zO;;- _0 '".,; . "'" <Do O>~ 4" MAX. @ . ' .' . . . ~ . . ". ~. ,'"' .-:;. . .....: ......./\.,'"' . MOVABLE PLANTERS APPENDIX A HANGING PLANTERS MAY PROJECT 4" INTO CLEARANCE ZONE IF AT LEAST 27" ABOVE GROUND -SEE DETAIL CDI75 NOTES: I) CLEAR ZONE AND THE CIRCULATION PATH MAY BE COMBINED PROVIDING A 6 FOOT MINIMUM SIDEWALK WIDTH IS MAINTAINED. 2) DEFLECT SIDEWALK AROUND AREA OF OBSTRUCTION WHEN OVERHANGS EXCEED ALLOWABLE LIMITS. 3) WHEN OBSTRUCTIONS ARE LOCATED WITHIN THE SIDEWALK AREA THE DIMENSION APPLIES IN ALL DIRECTIONS. 4) EXCEPTIONS TO THE REQUIREMENTS IN THIS DRAWING MUST BE APPROVED BY THE ENGINEER AND MUST COMPLY WITH 'AMERICANS WITH DISABILITY ACT.' CITY OF PUBLIC WORKS ENGINEERING DAAWIoIC NO. ='~, OF ASHLAND www.oshlond.or.us 541-488-5587 fox 488-6006 CD175 ~ ~ -" ~ 8 '" i S- o; ~ Ei u t ~ ~ ~ z ~ ~ :::E . 2: C> ~ I '" If) c II ~I "" '6" <5 ~ c ~ E -5 ro ~ c w ~ '" "' '" '" 0 - '" ~ :5 " 1, ~ c. - c; APPENDIX A i~". ~L F6'~W\I'II1I?~A1 C~ ~ ~~~ ~----~ ~- / ~ ~~- -:: ~ ~~~ ~~~ ~~~ ~~~ b~t'/'/I'I\'\\~~~~ ~~AW ALL SLOTS .ARE 1/4" WIDE MAX. DIMENSIONS A. B. AND C TO BE DETERMINED BY DESIGNER AND ARBORIST AND APPROVED BY AGENCY TREE GRATE HALVES BOLTED TOGETHER w/ STNLS. STL. HEX. BOLT AND HEX NUT w/ WASHERS A=5'-0' MIN MATERIAL: CAST GRAY IRON ASTM A-48. CLASS 35B FINISH: NOT PAINTED ~ ~ , Z 7" 3 1/2" ~ 1"+ ~4~rl 18" 1 3/4,,-11- ~ PRE -APPROVED MODELS : Neenah R-8707390 . --1 I 1(2) BOLT LUGS PER 180' SECTION 6 1/4" (2) GUARD LUGS REQ'D TREE GRATE PUBLIC WORKS ENGINEERING _NO. CITY OF ~.:. '4 OF ASHLAND WIN'. ash/and. or. us 54'-488-5587 fax 488-6006 CD176 ~ ., ~ - ~ - 8 N i s- o> ~ 8 t 18 :;: ~ ~ .,. ~ g o N g; W .,' - u o - c " E .c u ro o ~ w ~ o '" '" N .;, o - 0> C " Xi ~ j, " 0. - (; APPENDIX A 2'-2 1/2' " <>>-SO> SLAT (TYP. 12) ~ SLAT (TYP.-2) 1 SUPPORT STRAP TO SLATS 14 #10 X 1 1/4" PAN HEAD SCREW PLAN VIEW 2 FRAME TO SLATS 14 #10 X 1/4" PAN HEAD SCREW FIELD DRILL 8" DIA. XI" DEEP PILOT H E. 2118-ST CENTER SUPPORT STRAP "OK RAME ".... FRAME GRADE 1 STRETCHER PIPE TO FRAMES 2 3/8"-16 X 3/8" SET "". SCREW (INSTALL PIPE WITH SET SCREWS FACING DOWNWARD.) 1/2" DIA. HOLE FOR ANCHORING DEVICES (BY OTHERS, TYP.-4) @EID- STRETCHER PIPE 5'-8 1/2' Installation Notes: 1. Before anchoring. assemble cast iron frames, slats. and stretcher pipe per notes 2-5. Use assembled bench to locate anchors. 2. Install stretcher pipe so that the ends are flush with the frames. J. Each slat should be positioned so that the best face is exposed when assembled. Note that the backrest has two (2) visible faces. Therefore, those slats having one blemished face should be installed on the seat portion of the bench with the best face visible. 4. Attach slats to end frames after drilling pilot holes. 5. After slats are fastened to end frames, align all slats for uniform spacing center support strap to back of slats. Remove shims after attaching strap. In center area. We recommend the use of temporary shims as necessary. Attach 6. PRE-APPROVED MODEL: Timberform 2118-6 (Evergreen or Black). Slats: Alaska Yellow Cedar. In the downtown area. 011 other models are subject to approval through the public art approval process or the sign regulation process in advance of approval by the public works director ' BENCH REV 07/02 CITY OF PUBLIC WORKS ENGINEERING DRAWINC NO. rA.' OF ASHLAND www.osh/and.or.us 541-488-5587 fax 488-6006 CD177 ~ '" .,. " '" " 8 N i s- o>' ~ 8 t 18 .. - ~ ~ .,. ~ g o N - 0> C W , '" - u o - c " E .c u ro o b c w ~ '" '" <;' 0> o - 0> C " Xi ~ .0 " 0. - (; ~~~ APPENDIX A PRE -'APPROVED MODEL : SHORACK 49-16/100 (Evergreen or Black) No Decals or sign age shall be on the top or sides , //~~ "A '. I 1 I': ./ ! ~ : , , ", " MODULAR PUBLICA nON RACK REV 6/18/09 PUBLIC WORKS ENGINEERING _NO. CITY OF r:., OF ASHLAND ..ww. ashland. or.us 541-488-5587 fax 488-6006 CD178 ~ ~ M N .;; - 8 ~ ~ " - '" '" 8 c; 3 ." ~ :;: ~ " ,. '" ~ li: o N - 0> C W ",' 'E o ii E .c u ~ U c W 25 '" '" N .;, S 0> j 1 a - (; ; ".. .' ... ... . '. ',. .'. ......, 1"'11 ... '.~ .4o - . i' .. A- _ " . .' - III . ':'4 ' I'., I " . , ~., '''.:." I FI UNDISTURBED EARTH . '. , 1- ,'" ". .' :.' I' -II ..: ," 4'- .' ~. = CONCRffi TO BE COMMERCIAL GRADE '11= CONCRETE (CGC) PER 2002 ODOT/OREGON 1--11 APWA SECTION 00440.00 111_ EXCEPTION: BOLLARD MAY BE BOLTED TO - EXISTING CONCRffi WHERE ADEQUATE STRUCTURAL CAPACITY CAN BE DEMONSTRATED. . o ,I " 1 . o , M (u ,,"'1 ""11 "I "1,,1 il I v- FINISHED GRADE . -. : , ... ., .. APPENDIX A PRE APPROVED MODEL: TRYSTAN 'PARK AVENUE" DARK GREEN. BlACK, OR OTHER BOLLARD APPROVED BY PUBLIC WORKS DIRECTOR. BOLT DOWN WITH (4) 0.25"X4" DIAMffiR PLUS HOOK ANCHOR BOLTS OR EXPANSION ANCHORS OF EQUAL OR GREATER PULLOUT CAPACITY. iN THE DOWNTOWN AREA. ALL OTHER MODELS ARE SUBJECT TO APPROVAL THROUGH THE PUBLIC ART APPROVAL PROCESS OR THE SIGN REGULATION PROCESS IN ADVANCE OF APPROVAL BY THE PUBLIC WORKS DIRECTOR EXCEPTION: FLEXIBLE TOP MODEL SHOWN IN STANDARD DET.AJL SD1B2 FOR BIKE PATHS BASE PLATE WIDTH IN ANY DIRECTION SHALL BE 12" MAX. THE VERTICAL PROJECTION ABOVE THE BASE PLATE SHALL BE BETWEEN 4' & 12" IN ANY DIRECTION DOWNTOWN BOLLARD DETAIL CITY OF PUBLIC WORKS ENGINEERING DRAWl,.. NO. ~Ja' OF ASHLAND WWIf. ashland. or.us 541-488-5587 fax 488-6006 CD181 ~ ~ M '" " ~ ~ i a - ~.12J ~+- =fr III 8 t 18 .. ~ ~ ~ ,~ !iJ ~ 0> C W ",' - "E o -QJi"12J . " (\J r... ~ WO 'I. O. l' .D. BOLLARD CAP DRILL AND TAP 1 X 2B (3 REO) '-~ r . \0 (') t=tJ . (\J (') H ..... J 0 0 0.31' g- . . If) - J '} - c ~ .c u ro o b c w 15 '" '" N .;, S 0> j JIl ~ j, " 0. - (; APPENDIX A SCHEDU..f .4C) srm... Pft. OPEN ON BaTH ENOS If) o WELD eN' OM ltlP o -.. CU' . " - . . (\j (') WEUl' - '"-"1; aJPS 10 BOl.l.ARD T ~ . (Xl - 00TlllMOPD< PY'J BOLT 1: t J~ ~ .8 'j"......", -i- S'I.D. 0.25'O.D. !' Elli .8' FLEXIBLE 4. t PMSlIC TRAFFlC ~5/8" I2J ROD DruNtATOR BEVEL END fT RILL;I;" HOLE F 1 BIKE PATH FLEXIBLE BOLLARD REV 04/02 PUBLIC WORKS ENGINEERING DRAWINC NO. CITY OF r:., OF ASHLAND ww....oshland.Of'.us 541-488-5587 fax 488-6006 CD182 ~ 8 t 18 .. " ~ ~ .,. ~ 2: o N - 0> C W , ., - u o - c " E .c u ro e u c w ~ '" '" '" .;, o c;; c $- 11 ~ j, " 0. - (; '" a. If M ;2 8 N i s- 00 -<( ...J lJ) LL ......0 ::JQ. 00 z...... o ow > 00 zoo ~-<( x' ,APPENDIX A PRE -APPROVED MODEL : HANDIHUT Historical Roof #4-2H (Black) ~n I 30 AMP BREAKER BOX ~ ~ITH MOUNTING BRACKET ABOVE 8'0' HEIGHT 2' X 4' 4B 'WATT FLOUR, LIGHT 'WITH SEISMIC BRACING BY SHELTER SUPPLIER 5' Out/Out Verify with Shel ter Supplier 2' HOLE /2' 7/8' HOLES l' MA TCH STD VERT LEG 8. HOLE PATTERN 1/2' ALUM PL '* t CUSTOM ANCHOR FLANGE DEl AIL 5' X 10' PREFAB ALUMINUM BUS SHELTER (HAND I-HUT YOSEMITE 4-2 'WITH HISTORICA ROOF (BOO-603-6635X212) (2) 112' X 4 112' HIL TI K'WIK BOL T II wi 'WASHERS 8. w/#4 HOOK AT EACH CORNER THUS: IS' 15'1 #I-KD CLEAR BULL-NOSED CEDAR 4 X 4 PREDRILL ED FOR 112' CARRIAGE BOL TS 'W /SIKKENS 3-COA T FINISH -..... FULL DEPTH .EXPANSION JOINT ALL SIDES ." ~. - ~.. ..... -.:, ~~~, / ~~"'0~ .,-:::<.,-:::<.,-:::<.,-:::<",- BUS STOP SHEL TER FOOTING REV 6/02 ,j CITY OF PUBLIC WORKS ENGINEERING _NO. ASHLAND ~,.~ OF ... """.ashland.Dr.us 541-488-5587 fax 488-6006 CD183 APPENDIX B Appendix B: Encroachment Permit Application Form Packet G:IDub-wrk.\ena'ilB-25 ROW Encroachment OAllll Ena\2009-1D-14\ROW Guideli....doc Paae 23 at 44 APPENDIX B COMMERCIAL ROW ENCROACHMENT Permit Application Form Packet ~f:~~' 61'/' ~I '::".'/1' ..-:.:.'" ..Jl ..t- -, ,,1-1 i!tF~~'~7 -=-..~. /'~""O 1I\i':f=,' '. ~' ~l .' ~~(~-4~ A'i;;;--' I ....-~~,'--- , . -- .'.~ :~Jir~iI~~~~] ,-~. CI~-~" - '~~1 'i. ,.~;.~.,E, '.1 C'f I "'" :'nft~'}l: _'.'1...~~""'~Ctlli\' .~.,,'_ ... 1\ \ J. ..... i:' '1;,'>,~,<" "1. ' ',..:!" P'i!' '. .' '.. :.'. "~!<-".:)' It I .j :"" ,. ' ,.' ~.' ~f:..~"'M'1 i~mh\\ , :'~T. r ~: ~~i~!~'r J.~~",\<,--;at '~~i<.t",~ .) ,~~ : ." J' -- '.' - ~ ~ IIi "i:!.~~'mllC~\I';l.~1~ ' ,. --=--w. '-,'. '~' ,.i..- . '~{".'~~~"':,;::~':~I~' ,,'1 ~ .\.~~ .:. ..I~ '..-:..-" . )h.t!I/":.-' -'lb. J' I' ,I 'II' . """~" ~ . ~ "" ~,,,,''''''.''.' "('1" "..,." .. .... ." , ,~ ..... "C jJ~.:1' ~\:II,; ."....\!"..t"':{'r; I,.l ..;-.. '~: .~. , ". tJ ... ,. ~ . ..... ,'Iii" ... ,., 4 . ~ _;~. ~t ,.{~"j~~Q\H .. J ttj~. ~1' ...~ .'~ ...... r h:"\ ".....;;~~..('.. V~ :":'J' \'\~-\~~:\t\."l \f.~...:~ f~ ~";' ;.,~..':.:~.~~~,,~ 'fi.o ..A.:.--: l~:--~'t-..." 'J".' .', ..:':.S;...,~~tt\~\ r t. r... ~,.... '.-:../?"to.J-\-",-'~ .... '\,' _.J-;--" ~ ~,-.." ..... . ~ '.. \'~ " .:.i:.V'..-..~1f(:.~~.' -:f" 'l-J'.:;;.;,3 ....."ll:\l..r:..c# ~.' ...'\'; ';.'....~..,. ....;.,. t..w.f,1It:/PI. ,. .:., ~ 'r.;j'~;" ..'-...-.:.., ..1~'~"'1-.-'""tr;:.'''':'--''':'J''1"' """1' -~~~t~~~\l :;'. " ,'"J: ~ WiiI'i[~l ~~?"~j:~Y~:';"I'lJJI~' ~':-j1n' . ','h}^t~.-, 'l.tJ,.'. :..J:!l('V.I~ ,::;;Z>,.., . '1 11 . .' ,..^,:...",-.. .;; ~ ';:..,._-' j ~ J '\~'--;'J ,1 II I" j;.; t,' . .I..,...~ '~~"'1~~'" J1 t.' ,I .;:: \~'I[,.'~.",J' _ ""."1 _ ',\ \"' ~\' I" L.; -.. .~_.Li.. - ; I:;;. ~'~~'; l',."liI - 4j t:~':: " ;~/~~ "\_' ,,,,I 1, I "ll ~~~~.~ :;::=: ,'Yd~''i.. ,'" ''''t ~;d3~,;c;~\\~......' -~~@ .L: f1' .. .. ~~ r ~\\- ;f':l-J; '_(l/"::,~~3.\;-,\j\~ '~-",~,r-- ---~~~ ~ .E:'~~~~I;:ijt~ -".',..,_, ..ii:\'v~~ ;,.../..\ "s." -/< , \ j-.J --"_..',:.,...",. ~....""",,~., "_,e, ' ~~. .---- ~. ........ Table Of Contents What Is A Downtown Right Of Way Encroachment? Sidewalk Width Requirement Things To Consider Publication Boxes General Requirements Conditions Of Permit Important Definitions Revocation Of Permit . ROW Encroachment Permit Application Terms, Conditions, & Hold Harmless Site Plan Form and Example Plan General Uability Insurance Requirements General Uability Insurance Endorsement Form G:__\8na'09-25 ROW Encroachment Ord\B Eno\2009-1()'14\ROW Guidelines.doc Paoe 24 or 44 APPENDIX B WHAT IS A DOWNTOWN RIGHT OF WAY ENCROACHMENT? In 2008 the Ashland Downtown Task Force made several important recommendations to the City Council concerning the use of City sidewalks for commercial and other purposes. As a result Ashland Municipal Code (AMC) 13.06 was repealed and Chapter 13.03 was adopted. Chapter 13.03 Sidewalk Cafe, Special Event and Publication Box Regulation (Effective 11/1/(9) This ordinance protects and promotes a safe environment on public sidewalks (public right-of-way) within the C-1-D, C-l and E-l Zoning Districts. Placement of objects on sidewalks (an encroachment) require adequate regulation to guarantee uninhibited pedestrian access on sidewalk, sufficient access for passengers entering and exiting parked vehicles, maintenance of utilities, and emergency service access. Goals and Objectives of an Encroachment Policy . To ensure the public continues to have aesthetically pleasing views and safe areas to walk and drive. . To protect and preserve the sidewalks, streets and open space. . To increase community awareness regarding encroachments and open space use. . To promote a consistent policy of reducing and minimizing encroachments on public right-of-way. . To establish a uniform application process and solution for all encroachment on the public right-of-way. Standard form templates and fees (application, square feet or gross sales rates) induding insurance and maintenancelhold harmless/Indemnity agreements as well as the "Downtown Sidewalk Usage Map. (DSUS) were adopted by City Council Resolution on October ,2009. SIDEWALK WIDTH REQUIREMENT Minimum Clearance between the permit area boundary and fixture or structure: 8 feet where sidewalk is mare than 11 feet wide; 6 feet where sidewalk is less than 11 feet wide. The Public Works Director has the authority to require more dearance if necessary for public safety and ADA access. THINGS TO CONSIDER In determining the proposed layout for your sidewalk cafe or functional item, please consider all existing sidewalk obstructions such as sign and signal poles, bike racks (leave room for the bikes in your measurements), bus zones, fire hydrants, existing sidewalk furniture, street trees, tree wells, phone booths, mail boxes, newspaper racks, etc. PUBLICATION BOXES (Newspaper stands)* Publication boxes assigned by lottery Any box empty for more than 30 days is deemed abandoned G:\Dulrwrksleno'D9-25 ROW Encrv8chment Ord\B Enal2OO9-1o-14IROW Guidelines.dot P... 25 d 44 APPENDIX B Interim Regulations for Publication Boxes . Boxes will be placed in locations as shown on DSUM. (Boxes shall be placed in groupings no greater than 12 lineal feet and 200 feet from nearest grouping.) . Shall not be placed closer than 24' from the curb face . Shall not exceed 5' in height. 30" in width, 2' thick. . Shall have a system in place to prevent spilling . Shall be projected from weather . Fronted with clear glass or plastic window * Interim Requirements will be phased out by 7/1/12 Considered "City Functional items" therefore provided by the City of Ashland GENERAL REQUIREMENTS (No variances or exceptions allowed) 1. Sidewalk Cafes, functional items and publications boxes can be placed in C-1-D, C-1, E-1 zoning designations only. 2. The Property Owner of the adjacent building must consent to placement. (See permit form.) 3, The minimum clearance between permit area boundary and fixture or structure is 8 feet where sidewalk is more than 11 feet wide or 6 feet where sidewalk is less than 11 feet wide. Public Works Director may require more clearance if neCessary for public safety. 4. Except as specified on the DSUM, no object shall be placed: a. within 6' of outer edge of any roadway (24" for publication boxes) b. within 10' of any crosswalk c. within 15'of an intersection d. within 6' of any fire hydrant or other emergency facility e. within 10' of any driveway or alley entrance f. within 3' from bike rack g. within footprint of bus stop 5. Furnish a signed "Release, Hold Harmless and Indemnity Agreemenf' (See permit form). 6. Furnish and maintain personal injury, property damage and general liability insurance in the amount of $1 ,000,000 (?) (municipal tort liability under Oregon Tort Claims). List City as additional insured. Insurance cannot be canceled without 30 days written notice. 8. Submit the following information for issuance of a permit: . Complete and sign application form (including sign hold harmless agreement) . Pay appropriate fee based on square footage (50 sq ft minimum) . Submit diagram with dimensions and the locations and description of all structures, materials and activities shown (see example). . Submit Certificate of Insurance and Endorsement Form . G:IDul>-wrkslenglj]9-25 ROW Encroachment OrdIB Enol2l109-1o.14\ROW Guidelines.doc Paoe 26 ct 44 APPENDIX B 9. Materials and Construction Standards (taken directly from Ordinance 2990) All temporary structures weatherproof and sturdy construction (ie solid wood, iron, non corrosive metal, cement, or similar material). . No plastic. . No object shall be chained bolted to each other or to the surface . Objects be movable by one person . Objects meet sign code . Objects shall be labeled with name/address/phone number of the owner . Objects must be clean and in good repair . Objects must maintain a weather proof or weather resistant quality . Objects shall be self supporting under a wind load of at least 20 pounds/square foot CONDITIONS OF PERMIT . Permit card must be prominently displayed . ROW Encroachment Permits expire December 31 sl of year permit applied for . Permits are not transferable . Permit can be temporarily suspended for the good of the City upon 48 hour notice; the City assumes no responsibility for loss, but permit costs shall be prorated and refunded . Permits are limited to the area shown on approved site plan . Any functional items not used for 72 hours must be removed . Food service and liquor licenses must be obtained prior to issuance of permit . Permits must comply with City sign regulations . No smoking is allowed in utilized sidewalk area . All required supervision is the responsibility of the Permittee or employees IMPORTANT DEFINITIONS "City functional items" include, but are not limited to, a City standard bench, water fountain, planter box, garbage receptacle, ash can, bike rack, bollard, publication box, or other functional items identified by Resolution of the City Council. The City Council Resolution shall identify functional items and establish minimum standards for such items. City-owned items are not required to obtain a permit. "Donated or Loaned Functional Items" An abutting property owner together with the occupant may donate or loan to the City of Ashland a City standard functional item for use in an adjacent sidewalk permit area. Other persons or entities may also donate or loan functional items for use in non adjacent public areas. Items accepted on loan reQuire insurance and a maintenance/hold harmless/indemnity agreement in the standard approved form. Donated items do not reQuire insurance or a maintenance agreement, but the donations must be accepted by the City to be eligible for placement. The City Administrator is the delegated authority to accept or reject donations and loans for purposes of this Chapter in the Administrator's sole discretion. Aller demonstrated compliance with this section the City Public Works Director may authorize in writing the placement of a donated or loaned city standard functional item in locations meeting at a minimum the six foot or eight foot clearance requirement of AMC 10.64.010 or in approved locations shown on an adopted Downtown Sidewalk Usage Map. Items not strictly complying with minimum standards for such City functional items, (e.g. a G:\oub-wrks\ena\D9-25 ROW Encroachment Ordlll EnoI2OO9-1()'14\ROW Guidelines.doc Po... 27 of 44 APPENDIX B decorative art bench) may be permitted through the public art process in AMC Chapter 2.17, An accepted donated item can be placed without a permit and without required insurance. REVOCATION OF PERMIT Denial, Revocation or Suspension: . Permit is null and void if not paid within 3 working days of due date . Permittee has 30 days to appeal in writing; City Administrator renders final decision Violations: . If functional items or sidewalk cafe furniture is placed without a permit, violators are subject to a Class C Misdemeanor (AMC 1.08) and a one year penalty. . Violations associated with not paying city fees (business license, food and beverage tax, transient occupancy tax, etc) is considered a Class A violation. . If cited then permit is revoked and cannot be reinstated for two years. . . 'City can abate serious risks to persons or property. Owner/operator is responsible for any/all costs associated with the abatement. G:\Dub-wrksleno'D9-25 ROW Encroachment Ord\ll Eno\2009-1()'14\ROW Guidelines.doc Paoe 28 of 44 CITY OF ASHLAND APPENDIX B Appllcation For: 12 Month Rental Rate per Sq Ft $4.00 (SO Sq Ft Minimum) ROW Encroachment Permit Chapter 13.03 Sidewalk Cafe, Special Evcnland Publication Box Regulation (EfTcclive Ilfl/(9) ProloclSand promOle a safe cnvironmel1l wi!hin the publie sidc\\a1ks in the C-I-O, C-I and E-I DiSlriClS. The applicanl musl submillhis appIicalion along ",ilh a scale diagram of Ihe sidc..a1k pennit area, ",ilh dimensions and the localion and description of all sLruclUJCS, materials and activilics shown (see example). In addilion a ocrtilicale of inSUTlll1CC and cndorscmenl fonn must be provided. All pennilS expire IJcccmber 31" of !he year obtained. For 1JWre informaiWn w1J 4118-5347 or 11isiJ http://wwov.u.<hIIDIILllr.lI.<lP01{e.a....?NavIlJ=4. TVDe of Permit: a Sidewalk Cate a Publication Box a "Functionalltern" ProDertv Owner Information Business Owner Information Owner's Name Mailing Address Phone Number Name Mailing Address Office / Cell Phone Number I hereby consent to the place functional iU!m in the right.of.wi3Y adjacent to my property: Permit Holder consents to Terms and CanditiaM including RELEASE / HOW HARMLESS attached: Applicant Name Applicant Signature Date Site Information Based on demonstrated compliance with the applicable criteria in AMC Chapter 13.03, as reflected in the appBcation materials and supporting documentation provided by the appDcant and contained in the record maintained In the offices of the City of Ashland Public Works Department, the application for occupancy/use of the ri,ght-ot.way is hereby approved, subject: to compliance with all applicable terms. conditions and IImltations specified herein. attached standard terms and conditions as well as all applicable reQuirements of the City of Ashland Municipal Code. Date Public Works Director or designee Fire Marshall: Date: Bldg Official: Date: COmm Dev: Date: Oty Recorder: Date: Disclaimer: This Functional Item/ROW Encroachment Perm~ granted by the Oly shall not In any way be interpreted as a waiver. modification, orgrant of any other city, state, county or federal agency pennits or authorizations. induding specifically appticable land use DEPARIloIENT OF PUBUC WORKS 20 ~asl Main Sr Ashland, Oegoo 97520 www.ashland.or.us Fax. 541~ TTY 800-735-2000 rA' G:__",",,'09-25 ROW Encroachment OrdIB Eno\2009-1 0-14\ROW Guidelines.doc Paoo 29 ot 44 APPENDIX B aTY OF AStflAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARM~SS AGREEMENT Proposals of Applicant: The permit holderlconcessionaire agrees that occupancy/use shall be as proposed in lhe application and as finally approved, including supporting documentation as entered into lhe record. All proposals oflhe permit holder/concessionaire are conditions of approval for PUlJloses of enforcemenL Term: The term of this Permit shall commence upon approval by Dty and shall terminate as provided on the face of the permit, unless terminated or revoked earlier as provided for herein. The Dty shall have no obligation to hereafter grant any future permit or license. Regardless of the end of the term or early termination, the obligations of the permit holder/concessionaire continue in full force and effect until full payment of all financial obligations to the City, removal of items from the permit area and the complete resolution and satisfaction of any claims. Compliance with Law. Permit holder/concessionaire shall comply with all applicable federal. state and city and county [local] laws, rules, and regulations, including specifically but not limited to, as applicable, City business license laws, food and beverage license laws, County applicable public health regulations, OLeC regulations, and all such laws and regulations concerning non-discrimination in employment and provision of services, public health and safety regulations and lhe policies, ordinances, rules and regulations oflhe City of Ashland and lor Ashland Parks and Recreation Conunission in effect on date of occupancy and use. Compliance with the AmeriC8Il!l with Disabilities Act all applicable regulations and administrative rules established pursuant to those laws, in the construction, remodeling, maintenance and operation of any structures and facilities, as applicable, and in the conduct of all programs, services, training, educational or otherwise, shall be required. Responsibility for Compliance. Permit holder/concessionaire shall obtain all federal, state and local permits, licenses and authorizations as necessary for the occupancy and use contemplated; Applicant shall be solely responsible for obtaining all such approvals, permits, licenses, insurance, and authorizations from the responsible Federal, State, County, and local authorities, or other entities, necessary to use the property in the manner contemplated, including all authorizations necessary to perform placement of personal property in the location and manner contemplated. All costs of compliance and permitting are to be borne by permit holder/concessionaire and not the Dty. Further, it is expressly agreed and understood that the Dty has no duty, responsibility or liability for requesting, obtaining, ensuring, or verifying permit holder/concessionaire's compliance with the applicable state, county and federal agency permit or approval requirements. Any permit or authorization granted by the Dty, shall not in any way be interpreted as a waiver, modification, or grant of any other city, state, county or federal agency permits or authorizations or permission to violate any city, state, county or federal law or regulation. Permit holder/concessionaire shall be held strictly liable and responsible, and shall hold the City, its officers, employees, and agents harmless for administrative, civil and criminal penalties for any violation of federal state, county and city statutes or regulations. Nothing herein shall be interpreted as restricting or limiting the City from bringing any criminal, civil or administrative enforcement action under the Ashland Municipal Code or Oregon State Statute. Land Use Approvals and Permits. Permit holder I concessionaire shall strictly abide by ""isting land use laws, authorizations approvals and conditions as applicable. Permit holderl concessionaire is not authorized by this permit to make application for any new land use approvals, including signage permits. Similarly, applications for building deparbnent permits or other applications concerning city property are not authorized by this Agreement. No banners, flags, signage and/or marking of any kind shall be placed on City property. This Permit grants no permit or aulhorization for signage or banners. Applications for signs on City Park property can only be submitted by the City Parks Director and shall only be for govanmental PUIJloses. Banners on City right-of-way must be applied for at City Administration. Summary Abatement. When the City Public Works Director, or designee, believes upon inspection, that lhe maintenance provisions of this Permit or the Code re violated, or that some other unsanitary or public health and lor public safety condition ""ists which was caused by, permitted by or allowed to occur by G:\Dulrwrkslena\ll9-25 ROW EnelO8ehmenl OrdIB Ena12OO9-1~14\ROW Guidelines.doc Paae 30 It 44 APPENDIX B CITY OF ASHlAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT Permit Holderl Concessionaire, Director may immediately cause the violations and conditions to be summarily abated using City employees or City contractors. Permit holder/concessionaire shall be responsible to reimburse the City for the actual cost [including overtime costs] to remedy the violation or condition Director or Director's designee will attempt to contact permit holder/concessionaire to demand permit hOlder/concessionaire remedy the violation but Director is not required to wait to perform summary abatement Reimbursement shall be made to the City within five (5) working days after the performance of the abatem...t and delivery of the charges to Concessionaire. Non-Interference with Retail Businesses, Residences, and other authorized Permitsl Concessions. Permit holder I concessionaire shall use and occupy the right-of-way in a manner that does not damage, conflict with, or interfere with adjacent or abutting businesses or residences, and other approved concessions I permits, including permitted vehicular and pedestrian access ways and normal business I domestic functions. Payment of Fees. ' Permit holder / concessionaire shall pay a fee as established by City Council by Resolution for the use and occupancy of the City right-of-way based either upon the square footage of the concession /permit area awarded or upon gross sales. The permit! concession fee will not change once the permit is executed; however the fee will likely change every year, (only upward) at least by CPI, and Permit holder/Concessionaire has no right to challenge the mount or type of fee. All required payments must be made and verified by the City before any new permit / concession will be authorized with the Concessionaire. Failure to remit the amounts owed the City under this Agreement, or submission of falsified returns or other falsification of records, shall be submitted to the Jackson County District Attorney for consideration of criminal prosecution, in addition to other remedies available to the City identified in this Agreement. Food and Beverage Taxes. If the use/occupancy of the right-of-way concerns food service, the concession shall be operated in accordance with applicable law, including payment of all local taxes, fees and charges. Permit holder/ concessionaire shall pay all food and beverage taxes associated with the business furthered by this concession! permit The records inspection provisions above apply fully to City verification of compliance with this requirement. No concession shall be granted to an individual or entity, if the person, entity, its owner or operator is in arrears, in collection, or in administrative or litigation concerning amounts owed to the City of Ashland under the Food and Beverage Tax provisions of AMC 4.34, regardless of whether the obligation concerns a business using a different name. Similarly, no individual or entity shall be awarded a permit or concession if the individual! ...tity, its owners or operators have pending criminal prosecutions for theft of city food and beverage taxes or are otherwise involved in violation proceedings under AMC 1.08 for violation of provisions of the food and beverage tax ordinance. Failure to maintain current food and beverage paymenls, the existence of arrearages, collections, administrative, civil or criminal actions arising out of failure to strictly comply with the City food and beverage tax shall resuh in defauh and revocation of the license Ipermit to use the permit area and termination! revocation of the permit! concession Business License Taxes, Utilities and fees. Permit holder/ concessionaire shall pay all business license taxes associated with the business utilizing the right-of-way furthered by this permit! concession. A Permit holder/Concessionaire shall obtain a City business license in accordance with AMC 6.04 and maintain as valid said license during the concession period. No application for a permit/concession shall be accepted from a business entity or individual owner or operator without a CU1Tent business licenses and without full paym...t for any arrearages owed by said business entity or individual owner or operator regardless of whether the obligation concerns a business using a different name.,In addition, violation of Chapter 6.04 is punishable by daily [mes in accordance with AMC Chapter 1.08. Failure to maintain a valid a business license by payment of the business license tax, failure to pay all utilities fees and charges, shall resuh in dlfault and revocation of the license to use the right-of-way and termination of the permit/concession. G:\Dub-wrkslena'll9-25 ROW EnelO8ehmenl OrdIB Ena12OO9-1Q.14\ROW Guidelines.doc Po.. 31 d 44 APPENDIX B CITY OF ASHLAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT Insurance: Permit holder /concessionaire shall procure and maintain insurance in accordance with the requirements ofthe application in full force and effect throughout the term of this permit! concession. Permit Holder/ concessionaire shall provide the Oty with copies of said insurance certificates and shall name the Oty of Ashland as an additional insured. Any request to modify or waive the insurance requirements stated herein must be approved in writing by the Oty Administrator. RELEASE /INDEMNITY AND HOLD HARMLESS: Permit Holder/ Concessionaire, for itself,lts officers, members, employees, and agents, does hereby release and forever discharge the City of Ashland, its Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns, from any and all claims or causes of action which Permit Holder/ Concessionaire, Its officers, members, employees, and agents, now have or which may hereinafter accrue against the City, Commissions, Boards and Committees, OffICers, employees, agents, contractors, successors and assigns, In connection with or arising out of the this permit /lIcense/concesslon, Including without limitation, personal Injury or death, damages to proPerty, by any cause, including trespass, conversion or other property loss, and including specifically damage or theft of personal property placed or located on city right-of-way. Permit Holder / Concessionaire, for itself, its officers, members, employees, and agents, shall hold harmless, Indemnify, and defend the City of Ashland, its Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns, from any and allllablllty, actions, claims, costs, losses, damages or other costs including attorney's fees and witness costs (at both trial and appeal level, whether ornot a trial or appeal ever takes place) that may be asserted by any person or entity,lncludlng permit holder, concessionaire, patrons, other permit holders/concessionaires or adjacent businesses, as well as other participants, arising from, during or In connection with the Permit holder/ Concessionaire's entry onto, occupancy and use of City property, and the operation of the permit area, except liability arising out of the sole negligence of the CIty,lts officers or employees. The Permit hOlder/ Concessionaire specifically agrees to Indemnify the City of Ashland, its CommIssions, Boards and Committees, City Officers, employees, contractors and agents against all loss injury or damage to concessionaire or permit holder/concessionaire's property sustained by reason of occupancy of the premises or any portion hereof. Such Indemnification shall also cover claims brought against the City under state or federal workers compensation laws. If any aspect of this indemnity shall be found to be illegal or invalid for any reason whatsoever, such Illegality or invalidity shall not affect the validity of the remainder of this Indemnification. In the event any action or claim is brought against the City of Ashland, its Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns, the Permit holder/Concessionaire shall, if the City so elects, and upon tender by the City, defend the same at the Permit holder/Concessionaire's sole cost and expense, and Permit HoIderl Concessionaire shall promptly satisfy any judgment adverse to the City, and the Permit Holderl Concessionaire, jointly, and reimburse the City of Asbland, its Commissions, Boards and Committees, officers, employees, agents, contractors, successors and assigns for any loss, cost damage or expense, including attorney fees, suffered or incurred. The Permit holderl Concessionaire is not required to indemnify for damages caused solely by the negligence of the City The obligation to indemnify Is expressly understood to survive termination oftlle permlt/ license/concession for any reason, and includes reasonable attorneys' fees, including attorneys' fees on appeal, and investigation costs and all other reasonable costs, expenses and liabilities Incurred by City or its attorney from the first notice that any claim or demand is to be made or may be made. Termination: G:\Dul>-wrkslena'D9-25 ROW EnelO8ohment OrdIB Ena12OO9-1ll-14\ROW Guidelines,dac Po.. 32 of 44 APPENDIX B CITY OF ASHlAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNRV AND HOLD HARMlfSS AGREEMENT Notwithstanding any other provision haeof to the contrary, this permit/ license! concession may be terminated as follows: a. This permit/ concession may be terminated by mutual consent by both parties at any time, or by eitha party upon fifteen (15) days notice personally delivered or upon deposit in the United States mai~ postage fully prepaid, certified, return receipt requested, addressed to the Party. b. The City shall have the right in its sole discretion, to immediatelv terminate this Permit/Concession at any time, with cause, by giving written notice to Permit holder/Concessionaire. "Cause" means any failure to perform any of the obligations or requirements of this permit/concession, including but not limited to compliance with the Code, any specified default provision or any other violation of the terms of this Permit by Permit holder/ concessionaire. c. Notwithstanding any other provision in this agreement, City may terminate this agreement immediately upon Permit holder/ Concessionaire's failure to have in full force and affect any insurance required by this Agreement The City may provide the Concessionaire with an opportunity to secure replacement insurance, (not to exceed 48 hours) but the permit area shall not be used, occupied, operated or maintained for any reason whatsoever while Permit holder/ concessionaire's required insurance protection is not in full force and effect. d Notwithstanding any otha provision in this agreement, in the event of tamination, City may at its option and sole discretion, direct Concessionaire to remove any or all improvements, equipment, and fmnishings installed pursuant to this Agreement. Defa ult: The Permit Holder/ Concessionaire may be declared in default by the City if: . Permit holder/ concessionaire vacates, deserts or abandons the permit area for two or more consecutive wee ks; or . . Permit holder / concessionaire violates any material provision of this permit/concession, including but not limited to, those provisions specifically identified as triggering default, violation, revocation, termination or breach. . Permit holder/ concessionaire fails to keep the premises in a safe and sanitary condition or operates the concession in a manner which is hazardous or offensive to the public; or . Permit holder/ concessionaire fails to comply with any of the statutes, ordinances, rules, orders, regulations or requirements of the federal, state, county, city government, including specifically city regulations, health department regulations, fire and building codes and planning laws and conditions; or . Permit holder/ concessionaire becomes insolvent; or . A voluntary or involuntary petition in bankruptcy is filed by or against the Permit holder/ concessionaire; or . A receiver is appointed to take charge of the Permit holder/ concessionaire affairs, or . Permit holder/ concessionaire fails to maintain compliance with requirements concerning payment of taxes, fees and charges, or Permit holder /concessionaire fails to provide access to adequate financial records. City will protect the confidentiality of the concessionaire's financial records to the extent allowed by law except where aa:ess to such records is material to pending litigation. In such event of a default(s) as set forth above, if permit holdal concessionaire has failed to remove its propa1y from the permit! concession area, whether or not the permit/concession is terminated or not, the Permit holderl concessionaire agrees to surrender to the City the entire permit area immediately upon the G:1Dub-wrksleno'D9-25 ROW Encroachmenl OrdIB Enol2OO9-11l-14\ROW Guidelines.doc Po... 33 0144 APPENDIX B CIlY OF ASHlAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNIlY AND HOLD HARMLESS AGREEMENT completion of a 15 day notice of defauh Icureperiod and the City may order vacation of the premises or immediately thereaftee remove the peemit holderl concessionaire or any other peeson who may be occupying the premises without resort to courts for an Order sanctioning such action. Removal includes complete removal of personal property using City forces, or pursuant to this Permit and peemit holderl concessionaire CKpressly consents to such removal City is expressly authorized to remove all Permit holder/ Concessionaire property from the premises at the permit holderl concessionaire's expense. The City is relieved and discharged from any and all loss, damage or claim occasioned by such remova~ and shall not be responsible for safl>-keeping of property so removed. SURRENDER: Upon the expiration of the original term, Permit holder / Concessionaire shall surrender to the City the premises in as good or better condition and order as was originally received, except as allowed for within the typical wear and tear. Surrender is considered complete only upon approval of site conditions as determined by the Oty. Oty will inspect site within 48 hours written notice by Permit holder/ Concessionaire of readiness for inspection. The 48 hour period does not apply to Saturday, Sunday, or any recognized City holiday. Upon CKpiration, abandonment, termination, or cancellation of this Agreement for any cause, Permit holderl ooncessionaire shall immediately quit the premises and shall remove its personal property not affixed to the land and leave the site in a clean and tidy condition acceptable to the City. Any personal property not removed within that time shall be deemed abandoned and shall become at once the property of the City. Any buildings, aherations, or othee improvements affixed to the land, CKcept for movable furniture and trade fIXtures, shall become a part of the land and shall belong to the City upon the CKpiration or termination of this agreement for any cause. In the event of termination oflhis contract prior to its CKpiration for reasons other than breach, or default on the part ofPennit holderl Concessionaire or other than abandonment by P...mit hold...1 ooncessionaire or oth... than for cause, or other than wrongful termination or repudiation, City shall pay Permit holderl concessionaire such sums as the parties agree represent the reasonable value of improvements made by Permit holderl concessionaire on the' property and ex:isting at the time of termination of the agreement, provided such improvements were made with authorization. Permit holderl concessionaire shall m such event accept said sum in complete and full satisfaction of any claim. If the parties cannot agree on the value, the matt... shall be resolved by ref...ence to a mediator. Status of Concessionaire. Permit holder/ concessionaire is not to be considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits Oty provides its employees. Permit holder/ concessionaire will not be eligible for any federal social security, state worker's compensation, unemployment insurance, or Public Employees Retirement System benefits from this permit. Nothing in this Agreement shall be construed to render the City in any way or for any purpose a partner, joint venturer, or associate in any relationship with Permit holder/ Concessionaire other than that of Ucensor and Ucensee/Concessionaire, nor shall this Agreement be construed to authorize either party to act as agent for the other Entry for Inspection. Permit holder/ concessionaire consents to and provides an irrevocable right of entry to permit inspection by City personnel, Oty contractors, Oty authorized representatives and other governmental authorities for purposes of regulatory compliance inspection and determination of compliance with this permit, federal, state and local laws as well as the general condition of premises, equipment and facilities. Entry by City personnel, City contractors, representatives and other governmental authorities on official business shall not be deemed a trespass. City also reserves to itself the unqualified and irrevocable right-of'entry for the inspection of the premises to determine compliance with this Agreement and for emergency purposes. G:lDub-wrks\eno\09-25 ROW EnclO8chmenl OrdIB Eno\2009-1lJ.14\ROW Guidelines.doc Paoe J.4 of 44 APPENDIX B aTY OF ASHlAND ROW ENCROACHMENT STANDARD PERMIT/CONCESSION TERMS AND CONDITIONS AND RELEASE/INDEMNITY AND HOLD HARMLESS AGREEMENT Notice. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Permit or by law to be served on or given to a party of this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the party, any managing employee of the party, or, in lieu of personal service, when deposited in the United States mail, first class postage prepaid, addressed to the appropriate party as follows: City: City of Ashland Martha Bennett, City Administrator 20 East Main Street Ashland, Oregon 97520 (Telephone 541-488-2100, Fax: 541-488-5311 ) Copy to: Mike Faught, Public Works Director 20 East Main Street Ashland, Oregon 97520 (Telephone: 541-552-2100;) Permit holder: See address on face of permit And when so addressed, shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, bills, and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. AssignmentJDelegation. Neither party shall assign, sublet, transfer any interest in, or delegate any duty Wlder this PenniVconcession without the ""ilten consent of the other, and no assignment or delegation shall be of any force or effect whatsoever unless and until the other party has so consented. Any attempt to assign, sublet, transfer any interest in, or delegate any duty under this Permit/concession without the written consent of the other, shall result in default and the license and concession authorized pursuant to this Agreement may then be immediately be revoked and terminated Emergency. Nothing in this Agreement prohibits or restricts the power of the City of Ashland governing body, the Mayor, the Gty Administrator or other City Official from exercising regulatory power or other authority over City property pursuant to the City emergency operations ordinance, AMC Chapter 2.62. No Waiver. Failure or delay of the City to require performance of any provision of this permit and contract shall not limit, waive or pnjudice the right of the City to later enforce that or any other provision of this Agreement. The enforcement provisions of this pennit are noo-exclusive, and enforcement by the City may be by any means provided by law, including but not limited to criminal prosecution for violation of city ordinance pursuant to City or state law. Governing Law. This Agreement, and all matters relating to this Agreement, shall be governed by the laws of the Slate of Oregon in force at the time any need for inlelpretation of this Agreement or any decision or holding concerning this Agreement arises. The parties to this Agreement do not intend to confer on any third party any rights under this Agreement. Severab i1ity. If any provision of this PermiV concession is held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding G:IDub-wrksleno'D9-25 ROW Encroachment OrdIB Eno\2009-10-14IROW Guidelines.doc Po... 35 of 44 APPENDIX B CITY OF ASHLAND PUBLIC RIGHT-OF-WAY ENCROACHMENT PERMIT A. Permittee Name: B. Premises: Address: Phone: C. Permit begins: D. Payment: $58.00 E. Purpose: F. Special Conditions: 1. DESCRIPTION OF PREMISES: City permits Permittee to use the property described in Box B above C'the premises'1 on the terms and conditions stated below. 2. TERM: This permit shall begin on the date specified in Box C above and continue until terminated as provided in paragraph 11. 3. PAYMENT: Permittee shall pay City the sum specified in Box D above. 4. PURPOSE: The premises shall not be used for any other purpose than stated in Box E above. Permittee shall not use or allow the premises to be used for any unlawful purpose whatsoever. 5. SPECIAL CONDITIONS. The special conditions set forth in Box F above are made a part of this agreement. ' 6. INDEMNIFICATION. Permittee shall defend, indemnify and save the City of Ashland, its officers, agents, and employees harmless from any losses, claims, expenses, judgments, or other damages resulting from injury to any event participant or other person or damage to property, of whatsoever nature, arising out of or incident to this permit. 7. IMPROVEMENTS. Except for the purposes described in Box E above, no improvements shall be placed in or on the premises. and no alterations shall be made on the premises without the prior written consent of City. 'All improvements shall be made at the sole expense of Permittee. All improvements made by Permittee on the premises shall be and remain the property of Permittee. Permittee shall secure all necessary permits and licenses required in connection with the premises and shall comply with all federal, state, and local statutes, ordinances, and regulations that may concem. in any Wily, Permittee's use af the premises. 8, TAXES. UTILITIES, MAINTENANCE. Permittee shall be responsible for all taxes and assessments. if any, on all real and personal property and improvements on the premises, including real property belonging to City. Permittee shall pay for all utility services furnished to the premises. Permittee shall, at its sole expense, keep and maintain the premises at all times in an orderly, clean, and safe condition. 9. ASSIGNMENT. The provisions of this permit and all of its obligations and rights shall bind any assignee or legal successor of Permittee, and any purchaser or transferee of any interest of Permittee's in the property described in box E above. Permittee shall execute and acknowledge a memorandum of this permit as it affects the property described in Box E above in a form suitable for recording, and City may record the memorandum. G:'<>ul>-wrlol\ena\09-25 ROW Encroachment Or~ Ena\2Q09.1G-14IROW Guidennes,dac Pa... 36 0144 APPENDIX B 10. RIGHT OF ENTRY. City specifically reserves the right to enter and occupy the right of way upon failure of Permittee to comply with any provision of this permit. City also reserves the right to enter the right of way for purposes of inspection and to determine whether Permittee is complying with the provisions of this agreement and to perform acts necessary or proper for the protection, preservation, maintenance, reconstruction; and aperation of the public right-of-way. 11. TERMfNATION. In the event of breach af any of these permit terms, City shall have the right to immediately terminate this permit, to re-enter and repossess the premises, and to hold the same as though this permit had never been made or issued. In addition, this permit may be terminated as to all or part of the premises when needed for public purposes, or when the City determines that it is in the public's best interest, upon giving of a 3O-day written notice to Permittee of its intent to terminate same. In the event of such termination, Permittee waives its rights to make a claim for any losses or damages suffered thereby. In the event of termination, regardless of how effected, Permittee shall, by the date of the termination, peaceable and quietly leave, vacate completely and surrender the premises, removing those improvements and fixtures placed or made by Permittee. If any improvements or fixtures are not removed from the premises and the premises are not coll1lletely vacated by the termination date, City may proceed to remove the same, and Permittee shall pay City, upon demand, the reasonable cost to City of such removal. 12. WAIVER. Time is ofthe essence of every provision of this permit. Failure of City to object to the violation of any provision of this permit shall not .be deemed a waiver by City of a subsequent similar breach or of City's right to demand strict performance by Permittee. Date: Date: Signed: Permittee, Signed: . Permittee, Permit granted this _ day of the premises on the terms specified above. . 2009, for the above named Permittee to use Title: Oty Surveyor G:,!>ub-wrl<s"'ng\09-25 ROW Encroachment OrdIB_Eng\2009-1ll-14\ROW Guideines.doc Page 37 0144 APPENDIX B SITE PLAN AND OPERA TlON & MAINTENANCE PLAN Issued. PUBLIC WORKS ENGINEERING R".;sed: www.ashland.or.us 541-488-5587 Fax: 541-488-1iOO6 G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-1Cl-14\ROW Guidelines.doc (1I.l8.2iM!) 38 of 44 --EXAMPLE FORM FOR SITE PLAN AND MAINTENANCE LANSUBMITTAL-- APPENDIX B SITE PLAN AND OPERA TION & MAINTENANCE PLAN Issued. PUBLIC WORKS ENGINEERING Reviood: www.ashland.Of.US 541-488-5587 Fax: 541-488-6006 G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-1C>-14\ROW Guidelines.doc (11.18.2008) 39 of 44 --EXAMPLE FORM FOR SITE PLAN AND MAINTENANCE LANSUBMITTAL-- APPENDIX B Inspection & Maintenance Checklist Planters F CONDmONS TO CHECK FOR ACTION NOTE MAN-HR M 1. Vegetation is CNefgrONn or Trim, prune, and weed to prCNide appealing none 2-4 dominated by weeds. aesthetics. Follow City vegetation mh/100 sf management guidelines. M 2. Weeds occupy more than 20% of the Remove weeds to less than 5% of the 2 0,5-1 landscaped area. landscaped area. mh/100 sf M 3. Invasive Species, Poison ivy, other Remove poisonous vegetation or insect nests 2, 5 1-2 poisonous vegetation, or insect nests using best professional judg men t of methods mh/100 sf present a safety hazard. and safety'precautions, S 4. Unsightly accumulation of lrash or Remove and dispose of trash or debris. 2 0.5 mh/cf M debris M 5. Noticeable erosion such as rills in Identify cause of erosion. SIaN down or ' 4 1-2 S landscaped areas spread out surface water nON. Fill, contour, mMree and seed eroded areas. A 6. Limbs or part of trees or shrubs are Trim or prune trees or shrubs to reslore 2 2-4 split or broken, affecting mare than 25"A> shape. Do not top. Replace severely mMree of the total foliaae cf the Dlanl. damaoed trees or shrubs. M 7. Trees or shrubs have been blawn Inspect for injury to stem or roots; replant if none 1-2 CNer or knocked down. possible. Replace if severely damaoed. mMree A B. Trees or shrubs are leaning CNer, Place stakes and rubber-coated ties around none 0.5-1 exposing the roots. young trees or shrubs for support. mh/tree f~Inspectionfrequency A~AnnuaIly, M~month1y, S=after storms 0.8" per hour or more . See the discussions in this chapter on work in sensitive areas and on permits and regulations prior to performing work in streams or wetlands. NOTES: 1. Procedures-Consult the Oty Engineer prior to performing work. 2. Waste management-Dispose per Oregon Department of Environmental Quality standards. 3. Sensitive area-Consult the appropriate section ofthis chapter prior to performing work. 4. Timing-Check for optimum seeding/planting time. S, Safety-Follow all safety protocols. 6. Water quality-Perform during prolonged dry periods or install temporary erosion and sediment control (TESe) features prior to performing work. Issued: PUBLIC WORKS ENGINEERING R_ www.8shland.or.us 541-488-5587 Fax: 541-488-6O()(j CD170b G:\pub-wrks\eng\09-25 ROW Encroachment Ord\B_Eng\2009-!IH4\ROW Guidelines.doc (I1.18.2~ 40 of 44 OBSTRUCTIONS LEGEND ~ \ \\\\.; I\.J-(~' ~~ \\ _, 4~\ /' / \~ .l\ ~ b~ ~ . ... ''1'\). \ ~:J,/ "r\~~~ ~' J.\ f fl \ .\~~~:-:;\-.~::~ \?c7:o,,\f~P ~JE- -\ _(C.~~)~ ....~ S?, -. .~ \ . [ · "'W"_:, ~~., ~~'\ "'~=, ~"'.'~,:'?--A ~...:~ \ , '.' r " ,~ ~. )-- ,_// / ~ ~ ~ ,I , \.-\1 II ~ '~-. " l'0>\~ " '\ ~ \ , ~ ~ ~ ' /&7./1/]4, ".\\ ~ ',\" ~. _.,-"- - 'l'["~ ~ \'::.: ' , " ,\, t(1';~ " ,:,- /), ~ ~ttf/. ',\ ~,. . ~,"" ~ 1 ' .' -- ~ :J ~ ;, ~ \ \ \ ,\ . ..:.=:.' ::::--- " : r~~,,:~",,,,"" \.~ ~ _~ ~-~ \ '-_ ',~ . .~, 1 ,,- - .". , Ii!' II Vi; f?: ;." ~ > \I , (\ \'" r ~ II - TI";\ """", ' ~j, . 1 ....\ l' .. .. 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