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Footnotes:
--- (2) --- Editor's note— Ord. of 9-18-2017(2), § 1, amended article II in its entirety to read as herein set out. In addition to new provisions being added, former provisions were kept and renumbered. The historical notation remains with the renumbered provisions. For a more detailed description of changes to this article see the code comparative table.
Sec. 32-32. - Purpose and scope.#
The city recognizes the importance of new installations, maintenance and upgrading of utility service to ensure the public welfare. The purpose of this article is to ensure the long-term integrity of city infrastructure, to promote cooperation between the city and persons with an interest in excavating city streets and to ensure any excavation of a public right away is restored to the same condition or better than it was found before the excavation.
(Ord. of 9-18-2017(2), § 1)
Sec. 32-33. - Definitions.#
The terms defined below shall have the meanings ascribed to them in this chapter except where the context clearly indicates a different meaning. (1)
Chief of police shall refer to the chief of police of the central falls police department.
(2)
City shall refer to the City of Central Falls.
(3)
Director shall refer to the director of the department of public works for the city.
(4)
DPW shall refer to the department of public works for the city.
(5)
Emergency shall refer to a situation that presents an immediate and serious risk of injury, loss of life, or damage to property or public welfare.
(6)
Emergency repair work shall refer to any excavation work which is in response to or necessitated by an emergency.
(7)
Excavation work shall refer to, but is not limited to, any compacting, construction, cutting, digging, excavation, occupation, use, repair, or other disturbance in or under a street, road, sidewalk, or other public right-of-way.
(8)
Permanent patch shall refer to final repair of excavation work to be performed in accordance with these standards and intended to permanently return the opened portion of the roadway to as good a condition as or better than it was prior to the performance of the excavation work.
(9)
Permit shall refer to a permit granted by the city to a person for permission to do street opening work in a public way.
(10)
Person or persons shall refer, but not limited to, any contractor, corporation, entity, firm, or utility. For the purpose of this article, "person" shall also refer to any contractors, subcontractors, or agents of the persons.
(11)
Protected street shall refer to any street, road, right-of-way, or sidewalk that was been paved by the city within the last five years.
(12)
Temporary patch shall refer to the interim application of bituminous concrete with the anticipation of a permanent patch.
(13)
Utility shall refer to any and all persons or entities engaged in the transmission and distribution of electrical energy, natural gas, water, and telephonic, visual and other communication systems. For the purpose of this article, "utility" shall also refer to any contractors, subcontractors, or agents of the utility.
(Ord. of 9-18-2017(2), § 1)
Sec. 32-34. - Permit required.#
Prior to the start of excavation work, a permit shall be issued by the DPW. Permits shall be issued upon payment of $150.00 to the DPW. Such permits shall specify the time, place, size, and nature of the project. Applicants seeking permits must also list any contractors, subcontractors, or agents, who will be performing the proposed work. (1)
The city reserves the right to request from the applicant a surety performance bond relative to the extent and scope of the proposed excavation work being contemplated within the city's right-of-way areas.
(2)
A person or a utility applying for a permit shall provide a certificate of general liability insurance or appropriate evidence of self-insurance of not less than $500,000.00 naming the city as an additional insured.
(3)
Any material misrepresentation from the plans approved by the DPW may result in the cancellation of said permit. If excavation work has already begun, the permittee shall be responsible for any work needed to restore the area to the same condition or better before any excavation work.
(4)
The city reserves the right to revoke any permit if the director deems that the permittee has exceeded the time, place, size, or nature of the project that was originally approved in the permitting process.
(5)
A copy of each permit issued will be given to the chief of police who is hereby authorized to require the person receiving the permit to maintain, at the expense of such person, as many police officers on special duty or detail as the chief of police may determine necessary to protect the safety and general welfare of the public and to preserve the free circulation of traffic and to require the person receiving the permit to enclose the opening, occupied or used area with a rail, fence or other guard if determined necessary by the chief of police, subject to the payment requirements of section 22-125.
(6)
Any person conducting work subject to this article is responsible for ensuring compliance, by itself and its contractors, with these standards. Any work, in relation to this article, may be inspected by the city to ensure compliance with these standards. In the event of noncompliance, the person shall, at their own expense, correct such failures.
(7)
A copy of the permit must be on the job site at all times for inspection. Repeated failures to have the permit available may result in the suspension of the permit. This provision is not applicable during emergency repair work.
(8)
In the event that any person or utility engages in any of the activities described in this article without obtaining the required permit, that person or utility shall be subject to a fine of $500.00 per violation per day.
(Code 1973, § 23-19; Code 1994, § 34-36; Ord. of 11-14-1994; Ord. of 3-21-2011; Ord. of 9-18-2017(2), § 1; Ord. of 6-12-2023(2), § 2)
Sec. 32-35. - Street pavement plan.#
(a)
The city shall develop and maintain a comprehensive program for categorizing the condition of city streets and a projected schedule for street repairs and repaving hereinafter "the plan." The plan will be posted on the city's website and shall be provided to each utility operating in the city. The plan will be published on the first of March of each year.
(b)
The plan will contain a good-faith listing that contains a ranking of proposed streets and sidewalks that are a priority for repaving, subject to available funding, and will also contain a listing of roads considered for repaving during the ensuing 24 months.
(c)
The purpose of the report is to identify which streets, roads, rights-of-way, or sidewalks that will be paved by the city and promote communication and cooperation between the city, utilities, persons.
(d)
Any utility operating in the city shall work with the city to minimize the impact of utility roadwork and specifically to reduce the incidence of non-emergency utility excavation in newly-paved streets.
(e)
Any utility anticipating major work in any of the streets which are scheduled for repaving in the ensuring 18 months shall notify the city of the utility's plan by March 1 of each year.
(Ord. of 9-18-2017(2), § 1)
Sec. 32-36. - Restoration of surface.#
(a)
Any person performing excavation work shall restore the excavation work location to the same condition or better. The city reserves to right to evaluate the restored condition of the excavation work and if the condition is not satisfactory to the DPW, the city may order the person who conducted the excavation work to cure any issues.
(b)
Any existing plaque, emblem, marker or symbol embedded within said street or sidewalk before such excavation work was effectuated shall be replaced in the same location and condition upon completion of such excavation work.
(c)
The permanent patching of bituminous concrete base and top shall be laid and rolled in two courses. The binder (base course) shall be two and one-half inches in depth and the top course shall be one and one-half inches in depth. The minimum total thickness of both courses, measured after rolling, shall be four inches. The base course of the permanent pavement shall be placed and carefully raked to a minimum surface and thoroughly rolled to the required thickness. Before placing the base course of the permanent pavement, the edge of the original bituminous surface shall receive an application of approved asphalt emulsion so that the new pavement material may be properly bonded to the old. The top course of the permanent pavement shall be placed to the grade that matches the existing bituminous surface after rolling. The permanent paving shall not overlap the existing pavement and will not have to be applied with a mechanical spreader unless otherwise directed. The permittee shall furnish, place, grade and compact bituminous concrete pavement of class I type I-1 as shown and specified in the latest state standard construction specifications for road and bridge. The director shall evaluate each permit application and determine if the patch requires infrared treatment.
(d)
Temporary patching shall be in accordance with the standard specifications of the state department of public works and is to be a minimum of two-inch compacted thickness.
(e)
For a period of five years, any excavation work done on a protected street or a paved location that was previously listed on the plan, following the permanent paving of any street, road, right-of-way, or sidewalk, any excavation work will require pavement restoration from curb to curb for the entire length of city block wherein the excavation is located.
(Code 1973, § 23-20; Code 1994, § 34-37; Ord. of 1-12-2009; Ord. of 9-18-2017(2), § 1)
Sec. 32-37. - Lighting.#
The person receiving the permit shall place and maintain from the beginning of twilight, through the whole of every night, over or near the place so occupied, opened, obstructed or used, and over or near any dirt, gravel or other material placed in or near such place, lights sufficient to protect travelers from injury; shall place and maintain a safe and convenient way satisfactory to the chief of police, for the use of foot travelers and for vehicles around or over such place.
(Code 1973, § 23-21; Code 1994, § 34-38; Ord. of 11-14-1994; Ord. of 9-18-2017(2), § 1)
Sec. 32-38. - Failure to restore satisfactorily; work done by city; cost.#
In case any street or sidewalk is not left in a manner satisfactory to the director of public works under the provisions of section 32-33, he or she shall cause the work to be properly done, and the expense thereof shall be charged to and paid by the person conducting excavation work.
(Code 1973, § 23-22; Code 1994, § 34-39; Ord. of 9-18-2017(2), § 1)
Sec. 32-39. - Fine.#
Any person who fails to comply with the provisions of this article may be prohibited from undertaking any activity involving further excavation work for a period deemed reasonable by the director of public works. Such failure of compliance shall be punishable by a fine of $500.00 for each and every violation per day. Any fine issued in accordance to this article shall be subject to appeal in municipal court within 30 days.
(Code 1994, § 34-40; Ord. of 11-14-1994; Ord. of 9-18-2017(2), § 1)
Sec. 32-40. - Public emergency.#
In the case of a public emergency occurring during a time when a permit is not easily available, and the emergency requires the emergency repair work, the person shall not be required to obtain a permit from the DPW. Such person, however, shall notify the chief of police where the work will be located and the cause for the emergency repair work. Such person shall only begin work once they receive written authorization from the chief of police. Any person operating under a public emergency authorization shall still comply with the provisions of this article, and shall apply for a permit with the DPW within 30 days thereafter or be subject to the fines and penalties provisions of this chapter.
(Ord. of 9-18-2017(2), § 1)