ARTICLE III. - CURB CUTS AND DRIVEWAY OPENINGS
Part of the Code of Ordinances of Central Falls, RI.
The text
DIVISION 1. - GENERALLY#
Sec. 32-61. - Penalty.#
Any person who shall violate any of the provisions of this article, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall perform any work in violation of any specifications of plans submitted and approved thereunder, or any permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order, as affirmed or modified by the board of appeals, or by a court of competent jurisdiction, shall severally, for each and every such violation and noncompliance respectively be guilty of a misdemeanor, and shall be punished in accordance with section 1-12.
(Code 1973, § 16-18-13; Code 1994, § 34-63)
Sec. 32-62. - Administration.#
(a)
Powers of director of public works. The director of public works shall execute the provisions of this article, and the ordinances in amendment hereof, except as otherwise provided. He shall have the power to act on any question relative to the administration and enforcement of this article, including the issuance and revocation of permits, the collection of fees, the inspection of the work and materials, the holding of bonds, and the issuance of notices and orders necessary to the proper implementation of this article.
(b)
Maintenance of records. The director shall maintain a record of all permits issued, all fees levied and all bonds posted. He shall keep a record of all violations of law, and shall report all violations to the city solicitor.
(Code 1973, § 16-18-1; Code 1994, § 34-61)
Sec. 32-63. - Appeals.#
Any person aggrieved by any officer, department, board, commission, or agency of the city may take an appeal to the board of appeals, from any decision of the director of public works. Any appeal may be taken within 30 days from the date of the decision appealed by filing with the director, and with the board of appeals, a notice of appeal, specifying the grounds thereof. The director shall forthwith transmit to the board of appeals all the papers upon which the action appealed was taken.
(Code 1973, § 16-18-12; Code 1994, § 34-62)
Secs. 32-64—32-84. - Reserved.#
DIVISION 2. - PERMIT#
Sec. 32-85. - Required.#
It shall be unlawful for any person to make or alter any curb cut or driveway opening without first having obtained a permit from the director of public works, and on state controlled highways, a permit must be obtained from the state department of public roads and bridges, and work must conform to state and city standards.
(Code 1973, § 16-18-2(a); Code 1994, § 34-76)
Sec. 32-86. - Application.#
Before a permit for a curb cut or driveway is issued, the owner shall submit an application in such a manner and on such a form as prescribed by the director of public works. Every application shall be accompanied by a dimensional plan drawn to scale, showing the location of the proposed curb cut, or driveway opening; the location of existing curb cuts, or driveway openings on the same lot; the distance from the proposed curb cut, or driveway opening to lot lines; the location of street intersections, when applicable, and the locations of existing or proposed buildings, curbs, sidewalks, trees, poles, public utilities, or other objects which might affect the work.
(Code 1973, § 16-18-2(b); Code 1994, § 34-77)
Sec. 32-87. - Action on application.#
The director shall examine all applications for permits, and shall refer all such applications, if deemed necessary, to the city traffic division, and if, in the opinion of the director of public works, the application and the plans attached thereto are in conformance with the provisions of this division, the director shall issue a permit for the work to be performed.
(Code 1973, § 16-18-2(c); Code 1994, § 34-78)
Sec. 32-88. - Compliance.#
All work shall be done in compliance with the permit issued for said work and all work must be completed within 60 days from issuance of permit.
(Code 1973, § 16-18-2(d); Code 1994, § 34-79)
Sec. 32-89. - Revocation.#
The director of public works shall revoke any permit as follows: (1)
If any reason is found to exist that would have been cause to deny such permit.
(2)
Whenever there has been a false statement as to material fact in the application upon which the permit was issued.
(3)
For any violation of any provision of this division, on the part of the permittee, or his agent or employee, in doing any act or work authorized to be done by such permit.
(Code 1973, § 16-18-2(e); Code 1994, § 34-80)
Sec. 32-90. - Contractors to be qualified.#
Any work for which a permit is issued under the provisions of this division may be performed by the department of public works or with the written permission of the director of public works, by a contractor hired by the permittee, if the contractor is deemed qualified by the director of public works.
(Code 1973, § 16-18-3; Code 1994, § 34-81)
Sec. 32-91. - Fees.#
(a)
Payment. The applicant for a curb cut or driveway permit shall pay to the director of public works the currently required fee for either residential or commercial property as the case may be.
(b)
For city work. When the work, for which a curb cut or driveway permit is issued, is performed by the department of public works, the director shall charge any permittees according to the established unit price schedule, which will be updated annually.
(Code 1973, § 16-18-4; Code 1994, § 34-82)
Sec. 32-92. - Bonds.#
When a curb cut or driveway opening is made or altered by a contractor hired by the permittee, and if the contractor has previously been responsible for less than satisfactory work according to this division, or the interpretation thereof, by the director of public works, the contractor shall be required to post a bond with the city in the amount of one-half the cost of construction.
(Code 1973, § 16-18-5; Code 1994, § 34-83)
Sec. 32-93. - Inspections.#
The director of public works shall conduct or cause to be conducted at least two inspections of each permit issued, the first to take place within five days of the submission of the application as part of the approval process, and shall be a prerequisite to the final approval of the application. The second and final inspection shall take place after the completion of construction upon the director's notification, by the permittee, that the same is ready for inspection. Upon the director's assurance that all work and materials conform to the plans, specifications, and directions, the city will accept the project, and when applicable, release the contractor's bond.
(Code 1973, § 16-18-6; Code 1994, § 34-84)
Secs. 32-94—32-114. - Reserved.#
DIVISION 3. - CONSTRUCTION STANDARDS#
Sec. 32-115. - Size and location of openings.#
(a)
Width of openings. The width of curb cut and driveway openings shall be as follows:
(1)
The maximum width of any curb cut or driveway opening for any residential purpose shall not exceed 18 feet when designed to accommodate one car, or 24 feet when designed to accommodate two cars.
(2)
The maximum width of a curb cut or driveway opening for any purpose other than residential shall not exceed 20 feet when designed for one-way traffic, and 34 feet when designed for two-way traffic.
(3)
For the purpose of this division, the distance of a curb cut, or driveway opening is to figure as a distance from the point of tangency, to the point of tangency of the radius turns or turnstones.
(b)
Distance to street intersection. The distance of curb cuts and driveway openings from street intersections shall be as follows:
(1)
No curb cut or driveway opening shall be located within 25 feet of the intersection, of the prolongation of the curblines, unless authorized by the director of public works or traffic division.
(2)
In no case shall a curb cut or driveway opening be located on the radius corner of any streets, roadway, or highways of the city unless authorized by the director of public works or the traffic division.
(c)
Distance between curb cuts or driveway openings on same lot. When more than one curb cut or driveway opening is located on the same lot, they shall be separated by a distance of at least 26 feet in areas where curb parking is allowed and at least six feet in areas where curb parking is not allowed.
(d)
Number permitted. No more than two curb cuts or driveway openings shall be permitted on the street frontage of any lot, except, that three curb cuts or driveway openings may be permitted if the distance between the lot lines within which the curb cuts or driveway openings are located exceeds 185 feet.
(e)
Distance to the lot line. A curb cut or driveway opening may be constructed beginning directly on the lot line, provided, that all of the restrictions set forth in the zoning ordinance can also be met.
(f)
Curved curb radius turnstones. Curved curb radius turnstones shall have a two-foot radius, constructed for a 90-degree angle along the tangents, or end of the straight curbing and shall be a minimum of six inches in thickness, and a minimum depth of 18 inches. The type of material used shall be granite or an approved equal.
(g)
Angle of driveway to property line. No driveway shall be constructed so as to cause an exiting vehicle to cross the driveway opening within the sidewalk area at an angle of less than 45 degrees.
(Code 1973, § 16-18-7; Code 1994, § 34-96)
Sec. 32-116. - Materials.#
Materials used in work performed under the provisions of this division shall be those as specified by the director of public works.
(Code 1973, § 16-18-8; Code 1994, § 34-97)
Sec. 32-117. - Sidewalks.#
(a)
General conditions. The sidewalk is to be kept in a cleared, safe, and passable condition at all times during the construction of a curb cut or driveway opening.
(b)
Repairs. Any repairs or replacement of the sidewalk necessitated by the construction of a curb cut or driveway opening shall be made within the time period of the curb cut permit; and shall be a prerequisite for the approval of construction and acceptance of the curb cut, or driveway opening, by the city.
(c)
Materials. The materials and type of construction used in the repair or replacement of sidewalks shall be the same as that which exists on the particular lot.
(Code 1973, § 16-18-9; Code 1994, § 34-98)
Sec. 32-118. - Safeguards.#
At all times during which any work under this division is being performed, and until work is completed and approved by the director, the contractor or permittee shall maintain all necessary barriers, lights and other safeguards for the prevention of accidents and for the protection of public and private property.
(Code 1973, § 16-18-10; Code 1994, § 34-99)
Sec. 32-119. - Removal of rubbish.#
After all work is completed, the contractor, permittee or other person in charge of such work shall remove all rubbish, waste and excess materials, and leave the street, roadway or highway, in a neat and clean appearing condition.
(Code 1973, § 16-18-11; Code 1994, § 34-100)