Chapter 38 - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

Part of the Code of Ordinances of Exeter, RI.

Local law · Updated January 5, 2026 · 1,016 sections

The text

Footnotes:

--- (1) --- Cross reference— Any ordinance dedicating, naming, establishing, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the town saved from repeal, § 1-11(4); any ordinance establishing and prescribing the street grades in town saved from repeal, § 1-11(5); any ordinance providing for local improvements and assessing taxes therefor saved from repeal, § 1-11(7); buildings and building regulations, ch. 14; moving buildings, § 14-71 et seq.; environment, ch. 22; manufactured homes and trailers, ch. 26; natural resources, ch. 30; traffic and vehicles, ch. 46; waterways, ch. 50; zoning, app. A.

State Law reference— Streets, G.L. 1956, § 24-3-1 et seq.; sidewalks, G.L. 1956, § 24-7-1 et seq.

ARTICLE I. - IN GENERAL#

Secs. 38-1—38-30. - Reserved.#

ARTICLE II. - STREETS#

Footnotes:

--- (2) --- State Law reference— Improvement and grading by towns, G.L. 1956, § 24-3-1 et seq.; federal aid to towns, G.L. 1956, § 24-4-1 et seq.; maintenance of town highways, G.L. 1956, § 24-5-1 et seq.; abandonment by towns, G.L. 1956, § 24-6-1 et seq.; mapped streets, G.L. 1956, § 45-23.1-1 et seq.; changing streets under redevelopment plan, G.L. 1956, § 45-32-15.

DIVISION 1. - GENERALLY#

Sec. 38-31. - Encroachment of streets.#

Permit required. No person shall erect encroach upon or over any street line without first obtaining permission from the director of public works. Such permission shall only be granted as follows: The town's director of public works may allot such portion of the street or highway adjoining the estate of any party obtaining permission for the purpose of erecting staging, or placement of removable containers for construction debris or other obstructions, as he may deem necessary, and impose such conditions and restrictions in relation to the portion thus allotted as he may deem proper, provided that safe suitable passways for pedestrians are preserved.

(Ord. of 2-1-99, § 2; Ord. of 9-8-20(3))

Sec. 38-32. - Littering and deposits of snow or ice generally.#

No person shall throw or deposit, or cause to be thrown or deposited, in or upon any street, highway or public place, any deposits of snow or ice or any other material or substance whatever.

(Ord. of 2-1-99, § 3)

Sec. 38-33. - Dangerous spills of liquids.#

In addition to any and all other fines, obligations or penalties imposed by state or federal law, whenever from accident or casualty, any oil or other liquid which may injure man or beast by contact therewith, shall be spilled, or any glass or other solid substance which may render travel unsafe to man or beast shall be thrown or deposited in any street, the person in whose charge or control such liquid or substance was at the time of such accident or casualty, shall, as soon as reasonably may be, by removal of the same or otherwise, restore the street to a condition safe and convenient for travel of persons or vehicles.

(Ord. of 2-1-99, § 4)

Sec. 38-34. - Utility and telephone poles.#

(a)

Any and all utility and telephone poles that are now set or maintained in any of the public streets or highways of this town by any person, shall be set and maintained only upon the following conditions:

(1)

The town shall at all times have the first right to occupy and use such poles for supporting any and all wires used or that may be desired to be used, by the town and the departments of its government aforesaid, and in such manner as such departments may elect.

(2)

The owner of, and all persons using or maintaining any or all of such poles shall be responsible for and shall pay all damages that have resulted, or may result, to the town or to any person in consequence of the careless and negligent setting, using or maintaining, by such owner or user, of any such poles.

(3)

The setting, using an maintaining of any or all of such poles shall at all times be subject to the regulations and directions the town council, and the owner or user of any such poles shall change the location of, repair or remove such poles, upon the order of the council.

(b)

Every person who shall remove, change the location, or in any manner interfere with any of the wires that are or may be used by this town, or by the several departments of its government, without the permission therefor of the town council, or the permission of the head of the department using the same, shall upon conviction, be punished in accordance with section 38-121(o).

(c)

Every person who shall set, use or maintain, or shall cause to be set, used or maintained, and every person who shall do any work or be employed in setting, using or maintaining, any utility pole or line of poles, in any public street or highway of this town, without license therefor being first obtained from the town council, shall upon conviction, be punished in accordance with section 38-121(o).

(Ord. of 2-1-99, § 5)

Sec. 38-35. - Motor vehicle property damage incurred—Limit of liability.#

If any person shall incur damages to his or her motor vehicles by reason of a pothole on any certified, opened and town maintained municipal highway, causeway, street or bridge which damage is caused solely due to the existence of a pothole therein, he or she may, subject to the requirements and restrictions stated below, recover from the municipality the amount of damages sustained up to and not more than the sum of $300.00.

(Ord. of 10-7-2019, § 1)

State Law reference— R.I.G.L. 24-5-13(b).

Sec. 38-36. - Reasonable prior notice required.#

No such recovery shall be made unless the claimant establishes a) that the municipality had reasonable prior notice of the pothole, or would have had such prior notice thereof by the exercise of proper care and diligence on its part, and b) that such prior notice afforded the town a reasonable opportunity to repair the pothole prior to damage being incurred by the claimant.

(Ord. of 10-7-2019, § 1)

State Law reference— R.I.G.L. 24-5-13(b).

Sec. 38-37. - Timely notice of accident and filing of detailed written post-accident claim report.#

(a)

Initial telephone report. The claimant shall, within 24 hours of the occurrence, notify the Exeter Director of Public Works of the incident by phone at (401) 295-1983, giving the exact date, time and location thereof and advising the director of the claimant's telephone number, mailing address and any e-mail address.

(b)

Follow-up written report. No claim shall be paid thereon unless the claimant has, within a period of seven calendar days from the date upon which the damage was sustained, filed a written report with the Town Clerk of the Town of Exeter detailing the date, time, and circumstances of the loss, the exact location of the pothole and further describing and detailing the damage incurred to the vehicle, the amount of damages claimed, the vehicle identification number, registration number, the current location of the vehicle, indicating when the vehicle and/or the damage thereto may be inspected by the town, and the names, addresses and telephone numbers of the vehicle owner, the vehicle operator, the vehicle registration holder, and any witness to the subject incident.

(c)

Attachments. The written report shall contain copies of the following documents attached thereto: valid Rhode Island vehicle registration for the damaged vehicle; itemized quotes or paid receipts with proof of payment and current odometer reading on the repair bill; any applicable police report; tow receipt or auto club assistance report.

(Ord. of 10-7-2019, § 1)

State Law reference— R.I.G.L. 24-5-13(b).

Sec. 38-38. - Municipal processing of written claims.#

All properly submitted written claims shall be referred by the town clerk to the public works director who shall, in all instances, investigate such claim, report his or her findings to the town council thereon and shall make a final recommendation thereon to the town council with 30 days of the completion of the investigation. The town council shall thereafter consider the claim and the public works director's report and recommendation and shall make a final determination thereon. All claims approved by the town council shall be paid by the town treasurer in due course thereafter.

(Ord. of 10-7-2019, § 1)

Sec. 38-39. - Reciprocity.#

The town shall not be responsible to pay any claim for damages caused to a vehicle registered in a foreign state unless that state has a similar statute affording similar protections to persons owning motor vehicles registered in the State of Rhode Island. State Law reference— R.I.G.L. 24-5-13(b).

(Ord. of 10-7-2019, § 1)

Secs. 38-40—38-100. - Reserved.#

DIVISION 2. - OFFICIAL STREET MAP#

Footnotes:

--- (3) --- Editor's note— An ordinance, adopted September 8, 2020, repealed the former Div. 2, §§ 38-51, 38-71—38-78 and subsequently renumbered Divs. 3 and 4 as Divs. 2 and 3. The former Div. 2 pertained to excavations and derived from Ord. of 4-2-84, §§ 1—9.

State Law reference— Street maps, G.L. 1956, § 45-23.1 et seq.

Sec. 38-101. - Intent of division.#

It is the intent of the town council to establish an official street map under the provisions of G.L. 1956, § 45-23.1-1 et seq., for the purpose of serving and promoting the public health, safety, morals, convenience, economy, orderliness and general welfare of the community; to further the orderly layout and use of land; to stabilize the location of real property boundary lines; to ensure proper legal descriptions; to facilitate adequate provision for transportation; and to facilitate the further subdivision of larger tracts into smaller parcels of land.

(Ord. No. 96-01, § 1, 10-7-96)

Sec. 38-102. - Contents generally.#

The official map shall show the location of the streets of the town theretofore existing and established by law as public streets. The location of the streets are hereby established as shown on a map entitled "Exeter Official Street Map for the Town of Exeter," filed at the office of the town clerk. Such official map shall also show the location of the lines of streets on plats of subdivisions which shall have been approved by the planning board and recorded in land evidence in the office of the town clerk.

(Ord. No. 96-01, § 2, 10-7-96)

Sec. 38-103. - Additions and changes.#

The town council is authorized and empowered to make, from time to time, additions to or modifications of the official map by placing thereon the exterior lines of planned new streets or street extensions, widenings, narrowings or vacations. No such changes shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least ten days' notice of such public hearing shall be published in a newspaper of general circulation in the town. Before making such additions or changes, the town council shall refer the matter to the planning board for report thereon, but if the planning board shall not make its report within 45 days of such reference, the necessity for such report may be deemed to be waived. The locating, widening or closing, or the approval of the locating, widening or closing of such streets by the town under the provisions of law, other than those contained in this division, shall be deemed to be a change or addition to the official map and shall be subject to all the provisions of this division, except provisions relating to public hearing and referral to the planning board.

(Ord. No. 96-01, § 3, 10-7-96)

Sec. 38-104. - Establishment or opening of streets not implied by placement on map.#

The placing of any street or street line upon the official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

(Ord. No. 96-01, § 4, 10-7-96)

Sec. 38-105. - Regulation of buildings in bed of mapped streets.#

For the purpose of preserving the integrity of the official map, no building permit shall be issued for any building in the bed of any street shown on the official map. Whenever the bed of a mapped street is located on one or more parcels of land and such parcels cannot yield a reasonable return to the owner unless a building permit is granted within the bed of the mapped street, the zoning board of review referred to in this section as the "board," may, in a specific case (after public hearing for which reasonable notice shall have been given to all interested parties and at which parties in interest and others shall have an opportunity to be heard), grant a permit for a building in the bed of such mapped street which will, as little as practicable, increase the cost of opening such street, or tend to cause a minimum change of the official map. The board may impose reasonable requirements as a condition of granting the permit so as to promote the health, safety, morals, convenience, economy, orderliness and general welfare of the community. The board shall refer any such application to the planning board for report and recommendation before taking action, and shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the mapped street.

(Ord. No. 96-01, § 5, 10-7-96)

Sec. 38-106. - Buildings not on mapped streets/uncertified roads or sections of roads.#

No building permit for the erection of any building shall be issued unless the building lot abuts a street which has been placed on the official map giving access to the proposed structure, and before a permit shall be issued, such street shall have been certified to be suitably improved, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with rules and regulations adopted in the same manner as rules and regulations for subdivisions as provided in G.L 1956, ch. 45-23 et seq. The following is a list of uncertified roads or sections of roads in the town and their approximate locations: Bell School House Road, from 800 feet north of the Richmond town line to intersection of New London Turnpike.

Eban Slocum Road, 274 feet from intersection of New Road, 55 feet west to private property.

Estate Drive, 605 feet from intersection of Sarah Drive, 280 feet south to private property.

Evergreen Drive, 467 feet from intersection of Rose Drive, 180 feet south to private property.

Hog House Hill Road, from 1,550 feet west of the intersection with Liberty Church Road to 505 feet east of the intersection with Mail and Tripps Corner Roads.

Kenny Hill Road, from 1,800 feet north of Hopkinton town line to the intersection with Route 138.

Lantern Lane, 1,762 feet from intersection of Hiawatha Road, 245 feet west to private property.

New London Turnpike, from 2,250 feet south from the intersection of Ten Rod Road to Richmond town line.

Old Voluntown Road, from 4,875 feet west of the intersection with Escoheag Hill Road to West Greenwich town line.

Old Yawgoo School Road, from 1,000 feet from the intersection of Gladys Kenyon Lane, 540 feet Southeasterly to the intersection of Slocum Road.

Pardon Joslin Road, from 3,840 feet east of the intersection with Widow Sweets Road to the intersection of Sunderland Road.

Pinoak Drive, from intersection of Tarbox Drive, 310 feet south, to intersection of Pinoak Drive.

Robin Drive, 304 feet from intersection of Pheasant Drive, 156 feet south to private property.

Stony Lane, from 1,345 feet west of the intersection with New Road, 360 feet to private property.

Stony Lane, from Sunderland Road, 975 feet east, to private property.

Tefft Hill Trail (east), 1,175 feet from Route 3 easterly to Richmond town line.

Tefft Hill Trail (west), 516 feet west of Route 3,270 feet to State property.

West Shore Drive, 3,535 feet from intersection of Birch Drive, 100 feet north to private property.

Widow Sweets Road, 1,262 feet from intersection of Falcon Ridge Drive, 263 feet west to private property.

Where enforcement of this section would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the structure to be related to a street, the zoning board of review may, in a specific case, (and after a public hearing for which reasonable notice has been given to all interested parties and at which parties in interest and others shall have an opportunity to be heard), make reasonable exceptions and issue a permit subject to conditions that will ensure adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map.

(Ord. No. 96-01, § 6, 10-7-96; Ord. of 7-5-16(2); Amend. of 8-7-17(2); Amd. of 5-6-19; Amd. of 9-3-19; Ord. of 9-8-20(3))

Sec. 38-107. - Registration and revisions.#

A certificate shall be recorded with the town clerk showing that the town has established an official map which was adopted on October 7, 1996 and which hereby supersedes any previous and existing street maps. There shall be a certified official map as described in section 38-102. The certified map shall be kept by the office of the town clerk and shall be available for inspection by any interested person during regular office hours. The certified map shall bear on its face a certification that it is a true official map described in and accompanying this division, shall show the date of October 7, 1996, shall be signed by the town council president and countersigned by the town clerk. Thereafter, no change or addition to such official map shall become effective until it shall have been indicated by the appropriate convention on the aforementioned certified official map and information placed thereon bearing the revision number and date of adoption. The official map with revisions shall be signed by the town council president and countersigned by the town clerk.

(Ord. No. 96-01, § 7, 10-7-96)

Sec. 38-108. - Appeals.#

Any person aggrieved by any decision of the zoning board of review or the town council, as the case may be, may present to the supreme court a duly verified petition for issuance of certiorari in accordance with the provisions of G.L. 1956, § 45-23.1-5. Such petition shall be filed with the court within 30 days after the filing of the decision from which relief is sought.

(Ord. No. 96-01, § 8, 10-7-96)

Secs. 38-109—38-120. - Reserved.#

DIVISION 3. - PUBLIC PROPERTY, STREETS AND CURB OPENINGS#

Footnotes:

--- (4) --- Editor's note— See editor's note following Div. 2.

Sec. 38-121. - Excavations on public property and streets.#

(a)

Permit required. No person, including any utility company, shall excavate or dig into any portion, including the curb, of any public highway or make access of any kind onto any of the public highways (which shall mean mapped streets as certified in the town's official street map) in the town, without having first obtained a special permit as outlined in this section. A dig safe number must be obtained prior to any excavation on town roads.

(b)

Exception. The provisions of this section shall not apply to excavating or digging conducted by the state or town's highway department in the construction, improvement or maintenance of state or town roads.

(c)

Application. Whenever the convenience of any person requires the taking up of any pavements, or the digging of any trench or hole in any of the streets or highways, such person shall obtain permission in writing of the town's director of public works, except when the director of public works declares the situation an emergency. The application for such permission shall contain an agreement to comply with the provisions of this section. A fee of $25.00 must be filed with the application at the office of the town clerk. The director of public works shall examine such street or highway prior to any work being performed.

(d)

Contents of application. The director of public works may at any time issue a special permit authorizing any person to excavate or dig into the public highways of the town. Before issuing such a special permit, however, he shall first receive from such person a written application as attached setting forth the name and address of such applicant and a designation of the particular portion of the public highways which the applicant desires to excavate or dig into and a designation of the purpose for which such excavation or digging is to be carried on. The application must address the extent of obstruction, and describe the use of warning signs, lighted barricades, etc. Also required will be a sketch showing the details of the project. The completed application shall reflect specific performance standards for the work.

(e)

Bond requirements. Before issuing the permit requited by this section the town clerk shall first receive a bond or certified bank check from the applicant running to the town, in the sum not less than $1,000.00 or as the director of public works may fix, with such surety or sureties as are satisfactory to the director of public works; the bond is to contain the conditions that the obligation of the applicant and surety or sureties shall be in full force and effect unless such applicant shall, upon the final completion of work, leave the public highways in as good condition as before the commencement of the work, that the town shall be free and harmless form all loss or damage arising by reason of any fault or neglect on the part of the applicant in the performance of the work. In addition, the director of public works may require a cash deposit in a lesser amount than the bond. In the event that such a cash deposit is required, the director of public works may waive requirements of the bond. The bond shall be returned canceled or remitted upon completion of work for which it was posted, upon the approval of the director of public works.

(f)

Issuance of permit. An application that is signed and approved by the director of public works shall constitute the issuance of a permit. This permit shall designate the purpose of the excavating or digging permitted, and shall designate the particular portion of the public highways to be excavated or dug into, and also the time limit which such excavation or digging shall be completed. The director of public works shall retain on record a duplicate of the permit.

(g)

Notification of fire chief upon issuance. Upon the issuance of the permit provided for in this division, the director of public works shall forthwith notify the fire chief of the location, size and probable duration of the excavation or digging for which such special permit is granted, together with the name and address of the permittee, when deemed necessary.

(h)

Inspection fees. Upon issuance of each permit as provided in this division, the town council shall estimate the number of manhours necessary for the town inspection service, and the permittee shall pay to the town an inspection fee, as established in the fee schedule of the town, calculated upon this estimate. Should the estimate of manhours turn out to be deficient or excessive by four hours, the permittee will be required to pay the difference or be refunded accordingly at a similar rate.

(i)

Emergency excavation. If an emergency situation requires immediate excavation by any person, subject to this division, such emergency excavation may take place only to the extent necessary to meet such emergency and provided that the director of public works be notified immediately of the nature of the emergency and its location. Such person shall apply for the necessary permits under this division, as soon as possible but in no case more than 24 hours after such emergency excavation commences, excluding Saturday and Sunday.

(j)

Scope of permit. No person who has received the permit required by this section shall be authorized to excavate or dig into the public highways of the town at any other time or place or for any other purpose than the time, place and purpose designated in such permit.

(k)

Conformity to regulations. No person who has received the permit required by this section shall do any work, excavating or digging thereunder, except in conformity with such orders, rules, or regulations, general or special, established by the director of public works of the town, as shall have brought to the attention of such person by notice in writing from the director of public works.

(l)

Revocation of permit. The director of public works may at any time revoke any permit required by this chapter, and thereupon such person holding the permit shall cease to excavate or dig into the public highways of the town.

(m)

Safeguards. Every person opening a street or public way must enclose the opening with sufficient barriers and must maintain yellow flashing lights at the same by night, and must take all necessary precautions to efficiently guard the public against all accidents to persons, vehicles or property of any kind. Whenever any excavation is made or any obstruction exists in any street or highway, the person having charge of such excavation or causing such obstruction, shall cause reflective signs to be placed across such street or highway, with the words "No Passing" painted thereon in dark letters, not less than two and one-half inches in length, upon a light background. Whenever any trench, hole or excavation must of necessity remain open after dark, the person making any such trench, hole or excavation shall cover the excavation with steel plates of sufficient thickness to carry vehicular traffic. Warning signs shall also be posted, etc., as described in the application/permit.

(n)

Backfilling. After completion of the work, backfilling, compaction and replacing of pavement must be completed as soon as possible. All culverts and other drainage features, gutters, highway appurtenances and the roadway shall be restored to the satisfaction of the director of public works. Backfilling and compaction in the street should conform to town requirements. Usually a compaction of 95 percent in roadway is required. Trench and patch detail should be established. In case any person shall omit to fill up or repair such street or highway to the satisfaction of the town, the town shall fill or repair the same in a proper manner, and the cost, including reasonable charges for the superintendent of the same, shall be charged to and paid by the person digging up such street or highway or making any excavation therein.

(o)

Public travel and convenience. All work done shall be done in such a manner and at such times as to minimize any interference with the public travel and convenience, and to this end every person shall conduct the work as the director of public works may from time to time direct.

(p)

Notice prior to commencement of work. Notice of starting work under a permit must be given to the director of public works as far in advance of the starting as possible, but at least 48 hours in advance.

(q)

Correction of unsatisfactory work.

(1)

The director of public works, or his designated agent, is empowered to inspect, or cause to be inspected, at any time, any and all work being performed under a permit issued under this section.

(2)

If, in the opinion of the director of public works, the work being performed does not meet the specifications and conditions approved or required, the permittee shall correct such condition, commencing work within 24 hours of notification, to make such corrections unless a longer period of time is allowed by the director of public works or designated agent.

(3)

Completed work from which equipment and materials have been removed will be subject to the same conditions as those cited in subsections (1) and (2) of this section (n) except the corrective work shall commence within five days of notice of correction from the director of public works and shall be completed within 20 days of the date of this notice. If the permittee fails to complete the corrective work as aforesaid, the director of public works as a condition for the granting of the permit, is authorized to proceed with such corrective work, and the cost of the same shall be paid by the permittee within 30 days of billing.

(r)

Penalties. Any individual, firm or corporation who violates provisions of this ordinance shall be punished by a fine of or more than $500.00 for each offense. Each day that the violation exists or continues shall be deemed a separate offense. The director of public works shall notify the town council of any violation. The council shall consult with the town solicitor to institute appropriate action to abate such violation on behalf of the town.

(Ord. of 2-1-99, § 1; Ord. of 9-8-20(3))

Sec. 38-122. - Excavations in streets—Minimum utility standards.#

"THE RHODE ISLAND UTILITY FAIR SHARE ROADWAY REPAIR ACT," (R.I. General Laws 1956 § 39-2.2 et seq.) requires any repaving and repair of any town road be in accordance with the standards promulgated by the director of the department of transportation, including any additional requirement imposed by town ordinance or standard.

Definitions:

Final pavement restoration means last phase of the utility work consisting of returning the impacted/disturbed portions of the roadway to the same or better condition that existed prior to the utility work.

Permanent pavement structure trench means areas/cross sections of the roadway impacted or disturbed by the utility work that require to be rebuilt and restored to full depth from the bottom up, inclusive of backfill, gravel subbase, pavement layers.

Permittee means the party performing the construction work, whether the party named in the permit or its contractor.

Rhode Island Department of Transportation Standard Specifications for Road and Bridge Construction (RIDOT Standard Specifications) means the most recent available document of that same name, published by the Rhode Island Department of Transportation, including all revisions and addendums.

Rhode Island Standard Details means the most recent available document of that same name, published by the Rhode Island Department of Transportation, including all revisions and addendums. (1)

General provisions.

Where the RIDOT Standard Specifications document or the specifications associated with the utility permit are silent, the road repair and repaving process shall be governed by the RIDOT Standard Specifications.

Any property damage caused by construction associated with this process shall be repaired and/or replaced to the satisfaction of the town.

Restoration of any altered roadway shall commence immediately after the completion of the alteration, and shall include, if necessary, temporary or intermediate restoration on an ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be completed.

Spot checks for conformance with the utility permit may include compaction testing, pavement coring, ground penetrating radar, etc. If the town, as the permit-issuing entity, deems any of the utility work non-conforming, insufficient, defective or incomplete, it is the responsibility of the permittee to complete the repairs to the satisfaction of the town.

The permittee will be held responsible for maintaining the final restoration work required under the utility permit for a minimum period of five years starting from the date of acceptance of all work.

The RIDOT Hot Mix Asphalt Matrix is incorporated into the RIDOT Standard Specifications and this ordinance by reference and shall be applicable to utility permits.

The Rhode Island Standard Details is incorporated into the RIDOT Standard Specifications and this ordinance by reference, and shall be applicable to utility permits.

In accordance with the RIDOT Standard Specifications, when the Permittee mills and overlays or otherwise resurfaces an existing roadway that will be open to traffic, and such operations damage existing traffic signal loop detectors, thereby rendering such to be non-functional, the permittee shall restore properly operating detection within seven calendar days. When existing detection is rendered non-functional by the permittee's operations for any other reason, the permittee shall restore properly operating detection within 72 hours.

(2)

In all instances of roadway opening for the purpose of performing utility work, permittee shall

Saw-cut the pavement in straight parallel lines and rectangular in shape with an abrasive wheel power saw, unless otherwise specified. Under no circumstances shall the pavement cut be made using a hammer or drop weight. All pavement cuts shall be full depth through the pavement; and,

Backfill in maximum one-foot lifts and place at minimum 12 inches of gravel subbase, compacted to RIDOT Standard Specifications and/or town requirements.

(3)

When installing temporary patching on all excavations which will not be permanently restored within the same working day, permittee shall place a minimum two-inch temporary hot mix asphalt pavement patch each day after completion of work in a roadway segment.

(4)

When performing permanent pavement structure trench restoration

Permittee shall re-sawcut, full depth through the pavement, one-foot cutbacks at minimum from all vertical edges of the initial utility work trench(es) prior to installing permanent pavement.

Permittee shall apply asphalt emulsion tack coat to all vertical and horizontal pavement surfaces prior to permanent pavement structure trench restoration.

For non-state-owned roads, at a minimum, the restored pavement thickness shall match the existing depth of the roadway, or equal four inches, whichever is greater.

Class(es) of hot mix asphalt for permanent pavement shall be in accordance with the RIDOT Hot Mix Asphalt Matrix.

If concrete base is present in the roadway, restoration shall include Class XX concrete and dowels, in accordance with the RIDOT Standard Specifications.

The full depth permanent pavement structure trench shall be in place for a minimum 30 calendar days, and for a maximum one year or sooner in accordance with the municipal permit, prior to final pavement restoration.

Permittee shall restore:

Full panels of impacted concrete sidewalk in accordance with RI Standard 43.1.0;

Full panels of impacted concrete driveways in accordance with RI Standard 43.5.0;

Impacted asphalt sidewalk full width in accordance with RI Standard 43.2.0 using Class 4.75 or 9.5 hot mix asphalt;

Impacted asphalt driveways full width using Class 9.5 hot mix asphalt;

Impacted curbing (replace) in kind and reset to original grade; and

Impacted plantable areas with loam and seed.

(5)

Final pavement restoration shall include:

Two inches of micromilling and resurfacing all impacted travel lanes and/or shoulders for their full width using Class 9.5 or 12.5 hot mix asphalt. Impacted travel lanes and/or shoulders are the roadway pavement areas that the utility work trench(es) are located within. In addition to the roadway pavement areas impacted by the utility work trenches, this final pavement restoration shall also apply to all travel lanes and/or shoulders impacted by either lateral or longitudinal utility work trenches when the trenches are less than or equal to 100 feet longitudinal from one another, including the sections between trenches, so that no section(s) of roadway pavement less than or equal to 100 feet shall remain unpaved. This will provide a continuous final pavement between the utility work trenches.

Permittee shall apply asphalt emulsion tack coat to all vertical and horizontal pavement surfaces prior to final resurfacing.

Restoring permanent pavement markings in the same locations as originally located with epoxy resin paint, as per the RIDOT Standard Specifications.

Permanent epoxy resin pavement markings shall be placed no sooner than two weeks but no later than four weeks from the completion of the paving operation.

After final paving, as well as before permanent pavement markings are installed, permittee shall install temporary waterborne reflectorized pavement markings, placed in the same locations as original markings, on any roadways opened to traffic at the completion of any day's paving operation.

(Ord. of 9-8-20(3))