A.  Definitions. 

1.  For the purposes of this Section the Transit Mall is defined as Fifth Avenue and Sixth Avenue from the south line of SW Jackson Street to the north line of NW Irving Street,  NW Irving Street from the west line of NW 5th Avenue to the east line of NW 6th Avenue and SW Jackson Street from the west line of SW Fifth Avenue to the east line of SW 6th avenue.

2.  Transit Mall Pavement is defined as all surface paving including the curb and any below grade slab or structural element supporting the surface paving located between the curb lines of the Transit Mall.

3.  Emergency for the purpose of this section means an unanticipated failure of an existing facility that creates a public hazard or an interruption of service to subscribers or customers that cannot be resolved using other routes or facilities.

B.  No person shall undertake any excavation nor disturb the Transit Mall Pavement except as provided below.

1.  Maintenance of the brick pavers, curbs, transit way or asphalt pavement by the City or TriMet.

2.  In order to provide for repairs to subsurface facilities made necessary by an emergency.

3.  In order to provide a utility service connection to an adjacent property when the utility can demonstrate to the satisfaction of the Director of the Bureau of Transportation that there is no alternative means of providing service to the property.

4.  The Director of the Bureau of Transportation may allow a public utility to excavate the transit mall pavement for,

a.  replacement of an underground  facility that has reached the end of its useful life or,

b.  system expansion necessary to meet the public utilities obligation to serve its customers if, in the opinion of the Director of Transportation, the public utility has adequately demonstrated that no alternative location or means of providing service can adequately meet that need. The cost of providing service from an alternative location or alternative means shall not be a consideration in the Director of Transportation’s decision.

5.  The Director of the Bureau of Transportation may require that an applicant requesting to do work under the provisions of  Subsection 17.24.105 B.4. provide the Director a minimum of two years advance notice of the need to replace or expand  facilities to allow for coordination with any planned major maintenance work to be performed by TriMet, the Portland Bureau of Transportation or another utility with permission to operate within the City of Portland.

C.  When granting permits to excavate or disturb Transit Mall pavement , the Director of the Bureau of Transportation will impose conditions determined appropriate to insure the rapid and compete restoration of the Transit Mall Pavement to the originally constructed pavement section and surfacing.

1.  Any person who is required to reconstruct Transit Mall Pavement shall provide engineered plans detailing how the work will be done and the Transit Mall pavement will be restored.  The permitee shall be responsible for the full cost of the reconstruction. Full cost includes any City fee’s and charges including but not limited to plan review, construction inspection, traffic mitigation, material testing, and all other expenses related to the work incurred by the Portland Bureau of Transportation.

2.  If the Director of the Bureau of Transportation determines that final restoration of the Transit Mall pavement is not appropriate at that particular time for reasons relating to weather or other short term conflict, the Director of the Bureau of Transportation may grant or order a delay until proper conditions allow for the restoration to occur.