The text
Footnotes:
--- (2) --- Cross reference— Soil erosion and sediment control, § 12-31 et seq.; earth removal, § 12-101 et seq.
DIVISION 1. - GENERALLY#
Sec. 24-31. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Director means the director of public works of the town.
Street means any road, highway, public way, public alley, easement or other right-of-way accepted or maintained by the town as a public street, as well as any state or county road or highway over which the town has acquired jurisdiction by agreement.
(Code 1972, § 9-1.1)
Cross reference— Definitions generally, § 1-2.
Sec. 24-32. - Power to make additional rules, regulations.#
The director may make any rules and regulations which he considers necessary for the administration and enforcement of this article, but no regulations shall be inconsistent with, alter or amend any provision of this article, or impose any requirement which is in addition to those expressly or by implication imposed by this article. No regulations shall be effective unless they shall be approved by resolution of the town council. Copies of all current regulations shall be furnished each permittee at the time of the issuance of the permit.
(Code 1972, § 9-1.13)
Sec. 24-33. - Barricades, lights.#
All excavations shall be kept properly barricaded at all times and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property.
(Code 1972, § 9-1.10(a))
Sec. 24-34. - Work requiring closing of street.#
All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the chief of police. The police department shall be informed of all street closings at least 24 hours in advance except where the work is of an emergency nature when notice shall be given to the police department when work commences.
(Code 1972, § 9-1.10(b))
Sec. 24-35. - Removal of refuse, material.#
All refuse and material shall be removed from excavation sites within 48 hours.
(Code 1972, § 9-1.10(d))
Sec. 24-36. - Backfilling.#
All excavations shall be completely backfilled by the permittee, and shall be compacted by tamping or other suitable means in a manner prescribed by the director. Where the director determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with sand, soft coal, cinders or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted in the manner prescribed by the surveyor. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. If the director determines that any backfilled excavation has settled or caved in he shall notify the permittee who shall promptly continue backfilling until the surveyor determines that settlement is complete.
(Code 1972, § 9-1.10(e))
Sec. 24-37. - Tunneling operations.#
If tunneling operations are required the tunnel shall be backfilled with rammed concrete composed of one part cement to ten parts sand.
(Code 1972, § 9-1.10(f))
Sec. 24-38. - Blasting.#
If blasting is required to be done in the course of any excavation it shall be done in strict compliance with all applicable state laws and regulations.
(Code 1972, § 9-1.10(g))
Sec. 24-39. - Time frame for completing work, restoring surface; unacceptable work; remedial action by town.#
If the work is not completed within the time specified in the permit or any extension granted by the director or is not performed in accordance with the regulations set forth in this division and any other regulations that may be established by the director then the director may complete the work and restore the surface of the street. The cost of completing the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction.
(Code 1972, § 9-1.10(h))
Sec. 24-40. - Restoration of surface.#
In all cases the permittee under this article shall restore the surface of the street in accordance with the following rules, regulations and requirements: (1)
No permittee shall commence the restoration of any street foundation or surface until the director has determined that settlement of the subsurface is complete and the area properly prepared for restoration.
(2)
The street surface shall be restored so as to extend six inches beyond the excavation on all sides.
(3)
The street surface shall be restored to the satisfaction of the director.
(Code 1972, § 9-1.11)
Secs. 24-41—24-50. - Reserved.#
DIVISION 2. - PERMIT#
Sec. 24-51. - Required.#
(a)
No person shall make an excavation in or tunnel under any street without first obtaining a permit from the director.
(b)
A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work has begun.
(c)
The director may issue permits to other public bodies without fee.
(Code 1972, § 9-1.2)
Sec. 24-52. - Application.#
Application for a permit under this division shall be made to the director and shall contain the following information: (1)
Name and address of the applicant.
(2)
Name of the street where the opening is to be made and the street number, if any, of the abutting property.
(3)
The town tax map block and lot number of the property for the benefit of which the opening is to be made.
(4)
Nature of the surface in which the opening is to be made.
(5)
Character and purpose of the work proposed.
(6)
Time when the work is to be commenced and completed.
(7)
Each application shall be accompanied by a set of plans in quadruplicate showing the exact location and dimensions of all openings.
(8)
The name and address of the workman or contractor who is to perform the work.
(9)
A statement that the applicant agrees to replace at his own cost and expense, the street, curb, gutter and sidewalk in the same state and condition in all things as they were at the time of the commencement of the work within 48 hours of the commencement of same.
(Code 1972, § 9-1.4)
Sec. 24-53. - Denial; appeal.#
The director may refuse the issuance of any permit under this division if such refusal is in the interest of public safety, public convenience or public health. If any permit is refused by the director an appeal may be taken to the town council. After hearing the applicant and the director and other evidence as may be produced, the town council may either direct the issuance of such permit or sustain the refusal of the director.
(Code 1972, § 9-1.3)
Sec. 24-54. - Issuance; duration.#
Permits shall be issued under the authority of the director and in accordance with the provisions of this division and the regulations which the director may establish. The director shall determine the initial time limit during which the permit shall be valid. The director may, upon application by the permittee, extend the time limit during which the permit shall be valid.
(Code 1972, §§ 9-1.5, 9-1.10(c))
Sec. 24-55. - Contents of permit; filing.#
Each permit under this division shall state the identity and address of the applicant, the name of the street and the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid. The original of each permit shall remain on file with the director.
(Code 1972, § 9-1.6)
Sec. 24-56. - Fees.#
Fees shall be paid when the application for a permit under this division is made. The applicant shall be charged the currently required fee for each permit.
(Code 1972, § 9-1.7)
Sec. 24-57. - Bonds.#
(a)
No permit shall be issued under this division until the applicant has filed a bond in an amount determined to be sufficient by the director. The director may waive the requirements of this section in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting any claims against it up to the amount of the bond which would otherwise be required. The bond shall be executed by the applicant as principal and a surety company licensed to do business in the state as surety and shall be conditioned as follows:
(1)
To indemnify and hold harmless the town from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit.
(2)
To indemnify the town for any expense incurred in enforcing any of the provisions of this section.
(3)
To indemnify any person who sustains personal injuries or damage to his property as a result of any act or omission of the applicant, his agents, employees or subcontractors done in the course of any work under the permit.
(4)
The bond shall also be conditioned upon the applicant's restoring surface and foundation of the street for which the permit is granted in a manner acceptable to the director of public works.
(b)
One bond may be accepted to cover a number of excavations by the same applicant. Bonds shall remain in force for a period to be determined by the surveyor.
(Code 1972, § 9-1.8)
Sec. 24-58. - Insurance.#
No permit shall be issued under this division until the applicant has furnished the director with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be $500,000.00 for injury to any one person, $1,000,000.00 for injuries to more than one person in the same accident, and an aggregate of $500,000.00 for property damage for a single incident. The director may waive the requirements of this subsection in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required. The application shall include the town as an additional insured on the certificate of insurance.
(Code 1972, § 9-1.9; Ord. of 3-22-2006(2))
Sec. 24-59. - Transfer.#
Every permit under this division shall apply only to the person to whom it is issued and shall not be transferable.
(Code 1972, § 9-1.12(a))
Sec. 24-60. - Commencement of work.#
Work under a permit issued under this division shall commence within 45 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the director.
(Code 1972, § 9-1.12(b))
Sec. 24-61. - Possession, exhibit of permit.#
A copy of the permit under this division together with a copy of the plan endorsed with the approval of the director shall be kept in possession of the person actually performing the work and shall be exhibited on demand to the director or to any police officer of the town.
(Code 1972, § 9-1.12(c))
Sec. 24-62. - Revocation.#
(a)
The director may revoke a permit under this division for any of the following reasons:
(1)
Violation of any provision of this article or any other applicable rules, regulations, law or ordinance.
(2)
Violations of any condition of the permit issued.
(3)
Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of the revision to constitute a nuisance.
(b)
The procedure for revoking a permit shall be the same as that set forth in this revision for the revocation of licenses, except that the initial hearing shall be before the director with a right of appeal to the town council; and the director may provide in his decision that the revocation shall not become effective if the permittee corrects the violation within a specified period of time.
(Code 1972, § 9-1.12(d))
Sec. 24-63. - Modification of permit conditions.#
In a special case the town council may by resolution impose special conditions to which the issuance of the permit under this division may be subject, or may decide that any provision of this division shall not apply or shall be altered.
(Code 1972, § 9-1.12(e))
Secs. 24-64—24-75. - Reserved.#
DIVISION 3. - BLACKSTONE VALLEY ELECTRIC COMPANY#
Sec. 24-76. - Authorization.#
The Blackstone Valley Electric Company, its successors and assigns, referred to in this division as the company, is hereby authorized for the purposes of the corporation to construct, lay, maintain, repair, replace, extend, use and operate additional systems of underground conduits, pipes, ducts, subways, transformer vaults, manholes, handholes, wires, cables and appurtenances for conducting and distributing electricity, together with necessary or convenient overhead apparatus and connections in, under, across and along the streets of the town on the terms and conditions set out in this division.
(Code 1972, § 9-4.1)
Sec. 24-77. - Filing of plan, application.#
Before any such right is exercised, the company shall cause to be filed in which it proposes to place such fixtures and appurtenances, together with an application for permission to construct, place and maintain the same. The application and plan shall set out, on such form and in such detail as the director of public works requires, the size and extent of such facilities and the proposed location thereof, both vertical and horizontal, by scale or by stated dimensions, so far as possible, in the streets of the town. A similar application and plan shall be filed whenever the company desires to change the location or scope of any work for which permission has already been granted.
(Code 1972, § 9-4.2)
Sec. 24-78. - Approval of application; permit, expiration; agreement.#
(a)
Before any construction work is done in connection with the application under this division, the plan shall be approved in writing and a permit in writing granted by the director of public works. Such work shall be done in accordance with the details and locations as set out on the plan. The permit shall expire six months after the date of issue unless the company begins the work within that period.
(b)
The company shall, before doing work under this section, file with the town clerk its written agreement accepting and agreeing to abide by and perform all the conditions, provisions, requirements and terms of this section, but such agreement shall not be held to impair any right heretofore granted to the company under ordinances of the town which have been accepted in accordance with their terms by the company.
(Code 1972, § 9-4.3)
Sec. 24-79. - Completion of work; extension of permit.#
All work begun under any permit shall be prosecuted diligently and completed as soon as possible. Except where the ability to complete is beyond the control of the company, such work must be completed within six months from the date of issue of the permit therefor. Should the company be unable to complete such work within the six months' period due to circumstances beyond its control, the director of public works may grant a reasonable extension of time for completion of the work. However, the director of public works may require in case of public urgency or necessity that such work be prosecuted continuously day and night until completed.
(Code 1972, § 9-4.4)
Sec. 24-80. - Method, maintenance of construction and repairs.#
The company shall construct, maintain, repair and replace all such cables, conduits, pipes, ducts, subways, transformer vaults, manholes, handholes, wires and cables in such manner as not to cause unreasonable interference with the use of streets and sidewalks and so as to reasonably guard the same and cause the least possible inconvenience and delay to the public. As soon as any work of construction, repair or maintenance is completed, the company shall, at its own cost, replace the streets and sidewalks and shall keep all portions of the streets and sidewalks so replaced in good and safe condition for 12 months from the time of replacement.
(Code 1972, § 9-4.5)
Sec. 24-81. - Indemnification of town.#
The company shall, at all times, save and keep the town, its officers, servants, agents and employees, harmless and fully indemnified from all lawful claims and demands and from all losses, damages, costs and expenses that may in any wise be made or occasioned by any act or omission of the company, its servants, agents or employees in the construction, repair or maintenance of and the transmission of electric currents in and by such cables, conduits, ducts, pipes, wires and manholes; and shall save and keep it and them harmless and fully indemnified from all such claims and demands as to the digging up and repair, replacement and maintenance for a period of 12 months from the time of such replacement of streets and sidewalks; and shall defend, at its own cost and expense, all proceedings instituted by reason thereof against the town. All work of replacing streets and sidewalks shall be done to the satisfaction of the director of public works. The town reserves to itself the right, at its option, to replace the same if the company refuses or fails to properly repair them, the expense thereof to be paid by the company.
(Code 1972, § 9-4.6)
Sec. 24-82. - System subject to control of council.#
All underground conduits, pipes, ducts, subways, transformer vaults, manholes, handholes, wires and cables laid, constructed, erected or run pursuant to the permission granted under this division, shall at all times be subject to the control of the town council, and any part thereof shall be altered, changed or removed to other suitable locations by the company whenever the interest of the public or the town or whenever the construction, maintenance or alteration of sewers, water mains or other alteration within the streets makes such removal, alteration or change necessary; provided that the company shall be entitled to six months' notice of the removal, alteration or change that may be so required.
(Code 1972, § 9-4.7)
Sec. 24-83. - Emergencies.#
(a)
In case of fire or other hazard to life and property, the director of public works or his duly authorized agent, may direct the company to disconnect and remove sections of any such conduits, ducts, pipes and wires forthwith.
(b)
The director of public works, or his duly authorized agent, shall have the authority whenever in his opinion, public safety requires, to cause the electric current in any such equipment in the streets of the town to be shut off by the company for such time as he deems necessary; and whenever he considers any of the equipment unsafe or dangerous in any particular to person or property, he may require the company to make such changes as will put the same in proper and safe condition.
(Code 1972, § 9-4.8)