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TRN-10.23 - Holiday & Rose Festival Moratorium

HOLIDAY & ROSE FESTIVAL MORATORIUM

Administrative Rule Adopted by Portland Bureau of Transportation Pursuant to Rule-Making Authority

ARB-TRN-10.23


I. Definition

The Portland Bureau of Transportation (PBOT) does not allow routine construction work or work requiring the closing of streets, sidewalks or parking lane portions of the public right of way (on streets as defined below) during winter Holidays and during Rose Festival activities (timelines described below). The restrictions on use of the public right of way during the peak holiday shopping season and Portland’s Rose Festival event, supports Portland’s businesses by reducing traffic congestion, providing parking access and assuring a welcoming environment for patrons who are shopping and participating in event activities.


II. Administrative Rule

Dates:

  The Holiday Moratorium begins the Thursday the week before Thanksgiving and continues through the second business day in January of the following year. (actual dates may vary).

  The Rose Festival moratorium begins the Thursday before the Starlight Parade and continues through the Tuesday after the Grand Floral Parade (typically the first two weeks in June, although exact dates vary).

Hours Restricted by the Moratorium:

Hours of restrictions: 6am-Midnight all days

Locations: (see map at www.tsup.info for detailed locations)

  Neighborhood shopping centers (not malls)

  Identified metered areas

  Main routes into City of Portland

  PBOT may also restrict construction outside of the boundaries if it determined that there is a significant impact to and from the boundaries.

Who is impacted:

All Temporary Street Use Permit users

All City Bureaus

All Other Public Agencies

Exemptions:

Limited exemptions are allowed under special conditions authorized by the Director of the Bureau of Transportation or emergencies that pose immediate threat of property damage or personal injury.

  Non-Construction use of the right of way (i.e, moves or events etc) are required to submit a Moratorium appeal form for restricted streets.

  Construction work that is currently active and permitted, where right of way use does not significantly impede retail or event traffic, or pedestrian flow may be considered for an exemption.

  Limitations will be placed on use including (but not limited to)

  Reduced hours,

  Smaller work zones

  Some restricted work activities.

  New construction projects may not be granted an exemption to begin once the moratorium has commenced.

  Work restricted to night or weekend work may require a Noise Variance before an appeal is reviewed.

To request an exemption, the Moratorium Appeal Form must be completed and received at least 3 weeks prior to the start of the Moratorium.

Appeals received less than 3 weeks before the Moratorium begins will be assessed a fee (see Moratorium Appeal fee on City Council approve fee schedule Exhibit D). The appeal form is available at: www.tsup.info. Completed appeal forms must be submitted only as directed on the appeal form. Once the form is received, it will be reviewed by the Director of the Bureau of Transportation designees, and a determination made based on established criteria.

Restrictions:

  Prohibits all routine work.

  Exemptions considered for:

  Restoring service connections

  Public Safety Emergency

  Does not impede the right of way

  On-going large construction projects with established fence lines. No lane closures.

  Are brief (up to 3 days)

  Nightwork with noise variance

Criteria:

  The opening of utility covers is prohibited on any restricted streets between the hours of 6am and midnight except in cases where the work could not have been anticipated and is necessary for the protection of the public’s health and safety.

  During the specified period, in the areas described by the moratorium map, all openings in the street and in the sidewalk, must be closed by backfilling and paving or by plating over, providing safe and adequate passage for bicycles, pedestrians and vehicles. Work may be allowed between 10pm and 6am if the proper night noise permit is obtained.

  Restrictions per Business block: A business block is any City block where at least 50% of the frontage is devoted to business that is at street level. Establishments in this category are retail stores, bars, restaurants, non-residence type hotels, and/or others as determined by the Director of the Bureau of Transportation.

  The Director of the Bureau of Transportation will determine if a street meets the business block criteria based on data provided by the requestor.

  The Director of the Bureau of Transportation will determine if an exemption will be made to the restriction under moratorium, on a case by case basis. Data may be required from the contractor or applicant which may include the hours of operation for each business and obtain and present written approval from property/business owners as deemed necessary by The Director of the Bureau of Transportation.


III. Reference  

Pursuant to Rule Making Authority City of Code Title & Chapter 3.12


HISTORY

Filed for inclusion in PPD December 19, 2003.

Amended by Interim Director of Portland Bureau of Transportation January 2019.