Sec. 8-35. - Underground utility contractors—Permit.

No person shall engage in the business of underground utility contractor unless said person has a license from the State of Rhode Island as defined under G.L Ch. 5-65.5 et seq. No person shall engage in the installation, maintenance and repair of underground utility systems within the city without first obtaining a permit for each installation or repair from the director of public works and payment of all fees associated with said permit. The director of public works shall only issue an underground utility contractor permit pursuant to G.L. § 39-2.2-2 for work to be performed on public rights-of-way and/or roadways directly to a public utility as defined by G.L., § 39-1-2, the public utility may designate a contractor to perform work on its behalf, but the director of public works shall not issue a permit directly to any subcontractor of a public utility. The director of public works shall only issue G.L. § 39-2.2-2 municipal utility permits under the following circumstances: (1)

Minor disturbance. If the work to be performed shall disturb less than 100 square feet of public right-of-way and/or roadway:

a.

The required repair and sealing of the public right-of-way and/or roadway shall be in the discretion of the director of public works and such requirements may be included on the permit upon issuance.

(2)

Major disturbance. If the work to be performed shall disturb at least 100 square feet of public right-of-way and/or roadway:

a.

And the disturbed area was paved within the previous five years, then issuance of such a permit shall require replacement of the public right-of-way and/or roadway edge to edge along the entire length of the disturbance.

b.

And the disturbed area was paved between five and 15 years ago, the disturbed area shall be repaved in the following manner:

i.

On roadways less than 24 feet wide edge to edge repaving required unless the director of public works specifies that the repair should performed edge to centerline of roadway with either crack sealant or infrared heat treatment of the resulting seam.

ii.

On roadways at least 24 feet wide the repair should performed edge to centerline of roadway, and the resulting seam shall employ either crack sealant or infrared heat treatment as may be determined by the director of public works.

c.

And the disturbed area was paved more than 15 years ago, the disturbed area shall be repaved in the manner the director of public works deems appropriate.

(3)

Sidewalks. If the work performed has any impact on sidewalks or other pedestrian or cycling or other public right-of-way infrastructure, such disturbed infrastructure shall be repaired such that it is comparable to newly installed right-of-way infrastructure. Such repairs shall use the same material as presently existing at the site.

(4)

Striping. In all cases all striping, including, but not limited to, crosswalks, centerlines or shoulders shall be repainted to the satisfaction of the director of public works.

(5)

Police detail, timing, notice.

a.

The director of public works is hereby empowered to require a police detail whenever the director of public works deems necessary and prudent for public safety concerns that may arise from work related to the municipal utility permit.

b.

The director of public works is hereby empowered to set specific times of day or days of the week when construction of the public right-of-way may be performed whenever the director of public works deems necessary and prudent for public safety or quality of life concerns that may arise from work related to the municipal utility permit.

c.

The director of public works is hereby empowered to require that notice be given to property owners in the immediate vicinity of the work to be performed whenever such property owners will have their quality of life substantially impacted by the work to be performed.

(6)

Compliance and enforcement.

a.

No permit shall be issued to any applicant who has performed any work that is not fully compliant with the provisions herein unless and until that previous work is brought into compliance with this section to the satisfaction of the director of public works.

b.

No permit shall be issued to any applicant who has outstanding fines or fees due and owing to the city.

c.

Failure to comply with this section shall incur a $500.00 per day fine for each day that the roadway or public right-of-way is not appropriately repaved as shall be determined by the department of public works.

i.

Any funds derived from enforcement of this section shall be set aside for capital improvements to pedestrian or public transportation infrastructure throughout the city.

(Ch. 625, § I, 6-2-15; Ch. 802, § I, 5-4-21)

Editor's note— Ch. 625, adopted June 2, 2015 amended § 8-35 in its entirety to read as herein set out. Former § 8-35 pertained to drainlayer—application; approval, and derived from Rev. Ords. 1987; and Ch. 310, adopted June 15, 2004.