The text
Footnotes:
--- (2) --- Cross reference— Street requirements in subdivisions, § 18-114; frontage requirements on streets in residential compounds, § 18-146; transportation of certain waste materials on public streets restricted, § 20-1; specific street regulations, § 20-26 et seq.; stopping, standing, parking restricted, § 20-61 et seq.
DIVISION 1. - GENERALLY#
Sec. 17-36. - Highway superintendent.#
Wherever the words highway superintendent are used in this article, they shall mean the highway superintendent of the town or his authorized representative.
(Ch. 47, § 1, 8-2-76)
Cross reference— Officers and employees, § 2-136 et seq.; personnel, Ch. 13.
Sec. 17-37. - Authority.#
All work shall be subject to inspection and approval of the highway superintendent. He shall decide all questions as to the interpretations of the plans and specifications, the quality and acceptability of the work performed, and the materials furnished. The highway superintendent shall have the right to determine the points at which a contractor may begin work and the order in which the work shall be prosecuted.
(Ch. 47, § 2, 8-2-76)
Sec. 17-38. - Deposit of goods in streets.#
No person shall deposit, place or put, or suffer to be deposited, placed or put, any goods, wares, firewood, coals, chattels, or merchandise in any public street or highway in the town, except while landing or shipping, or actually removing the same into or out of some building or enclosure, or loading the same into or unloading the same out of some vehicle.
(Ch. 10, § 2, 9-6-27)
Cross reference— Peddlers and solicitors, Ch. 12; secondhand goods, Ch. 15.
Sec. 17-39. - Building materials in streets.#
(a)
No person shall, for the purpose of erecting or repairing any building, erect or cause to be erected any staging, or deposit any building materials or rubbish, or remains of any old building, in such manner as to obstruct the passage over any such street or highway in which such staging is erected, or such building materials, rubbish or remains of any old building are deposited.
(b)
In erecting any building situated on such street or highway in the town, or doing any other work, no person shall place or deposit, nor suffer to remain in any part of such street or highway, any lumber or any other building material, nor any rubbish or remains of any old building, for any longer period than may be necessary from time to time for the prosecution of the work which may be going on. In case any lumber or other building material, or any rubbish or remains of any old building, must of necessity remain after dark, a sufficient light shall be kept or placed over or near the same throughout the whole of the night, so as to give sufficient notice to all persons passing in or through such street or highway.
(Ch. 10, §§ 3, 4, 9-6-27)
Cross reference— Buildings and building regulations, Ch. 5.
Sec. 17-40. - Deposit of certain items prohibited.#
No person shall throw or deposit, or cause to be thrown or deposited, in any such street or highway, any coal dust, soot, ashes, cinders, shavings, hair, shreds, manure, or oyster, clam or lobster shells, or any other animal or vegetable matter, sweepings or litter of any kind.
(Ch. 10, § 5, 9-6-27)
Cross reference— Nuisances, Ch. 10.
Sec. 17-41. - Loitering in public places.#
No person shall stand or loiter upon any footwalk, sidewalk, doorstep, or in any doorway, in any street, highway, or other public place within the town.
(Ch. 10, § 6, 9-6-27)
Sec. 17-42. - Animals; cutting firewood, breaking coal on sidewalks.#
No person shall ride, drive or lead any animal, or move or trundle any vehicle upon any sidewalk in the town, except light carriages for the conveyance of children, unless for the purpose of necessarily crossing the same; or shall allow any animal belonging to him or under his care to stand on such sidewalk; or shall saw, split or cut any firewood or lumber on such sidewalk; or shall break up any coal on such sidewalk.
(Ch. 10, § 7, 9-6-27)
Cross reference— Animals, Ch. 4.
Sec. 17-43. - Placement of goods, merchandise, etc., on sidewalks.#
No person shall deposit, place or put, or suffer to be deposited, placed or put, by any person or persons in his employ, any goods, wares, firewood, coal, chattels or merchandise on any sidewalk, except while landing, or shipping, or actually removing the same into or out of some building or enclosure, or loading the same into or unloading the same out of some vehicle.
(Ch. 10, § 8, 9-6-27)
Sec. 17-44. - Stopping, standing horses, vehicles on sidewalks.#
No person shall suffer or permit any horse or other animal, sled or other vehicle of any description, belonging to him or under his care, to stand upon any sidewalk or crosswalk in the town, for any purpose except the taking up or setting down of passengers, or for any longer time than shall be necessary for such purpose.
(Ch. 10, § 9, 9-6-27)
Sec. 17-45. - Playing in streets.#
No person shall play ball, slide down hill on a sled or other vehicle, or play at any other game or sport in any public street or highway in the town, without permission of the town council.
(Ch. 10, § 10, 9-6-27)
Sec. 17-46. - Driving over highways under repair.#
No person shall drive any team, carriage, cart, motor vehicle, truck or other vehicle or conveyance of any sort, over any public highway of the town when and while the same is being repaired, and while notices that such highway is being repaired are placed at the ends of the section of such highway undergoing repairs.
(Ch. 10, § 11, 9-6-27)
Sec. 17-47. - Encroachments into highways.#
No person shall place or cause to be placed or shall cause to be suspended from any house, shop, store, lot or place over any street, any goods, wares or merchandise whatsoever, or any other thing, so that the same shall extend or project into the public highway more than one (1) foot.
(Ch. 10, § 12, 9-6-27)
Sec. 17-48. - Overhead clearance of signs, awnings.#
No awning or sign shall be placed or continued over any sidewalk, unless the supports, and every part of such awning or sign, shall be at least seven and one-half (7½) feet above the sidewalk.
(Ch. 10, § 13, 9-6-27)
Sec. 17-49. - Posting bills on trees, fences, etc.#
No person shall post or otherwise affix, nor cause to be posted or affixed, any bill, poster, or notice, upon any tree, fence, board, post, pole or structure within or upon the occupation line, of any street or highway except with the approval, in writing, of the chief of police and subject to such written conditions as the chief of police may impose respecting the same.
(Ch. 10, § 14, 9-6-27)
Sec. 17-50. - Painting, etc., notices on trees, fences, etc.#
No person shall paint, print, mark, or cause to be painted, printed, or marked, any sign, notice or advertisement, upon any tree, fence, board, post, hole or structure within or upon the occupation line of any street or highway except with the approval, in writing, of the chief of police and subject to such written conditions as the chief of police may impose respecting the same.
(Ch. 10, § 15, 9-6-27)
Sec. 17-51. - Posting entertainment placards restricted.#
No person shall expose, display, post or exhibit, any placard, poster, bill or picture of any show, exhibition, theatrical or other performance, in or on any building, billboard, wall or fence, on any street in the town without such placard, poster, bill or picture shall have first been approved by the chief of police.
(Ch. 10, § 16, 9-6-27)
Secs. 17-52—17-70. - Reserved.#
DIVISION 2. - CONSTRUCTION#
Footnotes:
--- (3) --- Cross reference— Mobile home park roads shall conform to the town's street construction requirements, § 9-27; specification for public street construction, § 18-120.
Sec. 17-71. - Construction plans.#
A complete set of construction plans shall be submitted to the highway superintendent for review and approval relative to road grades, drainage structures, etc. Such plans shall include a plan and profile of the roads involved and the location of drainage structures. In addition, it shall include a sheet showing a typical road section. A grade list showing the stations, grades and banks shall also be submitted for approval. The highway superintendent shall have the power to require such changes in plans as he deems necessary.
(Ch. 47, § 3, 8-2-76)
Sec. 17-72. - Conformity with the plans and allowable deviations.#
Finished surfaces of roadways in all cases shall conform with the line, grade, cross sections and dimensions shown on the approved plan. The crown of the finished surface of the roadway, from the curb or the sideline to the centerline, shall be as shown on the typical cross section in section 17-96 except at intersecting highways, or wherever to ensure correct drainage or for other reasons, changes may be directed. Such other deviations from the plans and approved working drawings shall in all cases be determined by the highway superintendent.
(Ch. 47, § 4, 8-2-76)
Sec. 17-73. - Cooperation by the contractor.#
The contractor having been supplied with a complete set of plans shall keep a set of such plans on the job at all times. The contractor shall at all times have on the job, as his agent, a competent superintendent or foreman thoroughly experienced in the type of work being performed.
(Ch. 47, § 5, 8-2-76)
Sec. 17-74. - Required construction inspections.#
All underground utility installations, including municipal water and sewers, if required, and drainage shall be visually inspected and approved by the town's representative prior to backfilling. Placement of the two (2) compacted six-inch lifts of processed gravel for use in the roadway after removal of any unsuitable materials shall each be inspected and approved by the town's representative prior to the placement of asphalt. Each six-inch lift must be individually inspected and approved by the town's representative prior to placement of the next lift or layer of asphalt. The installation of the bituminous base course and wearing surface shall be continuously monitored and approved by the town's representative on the day of paving. All inspections will require proper written notice by the contractor at least forty-eight (48) hours in advance of the required inspection.
(Ch. 47, § 6, 8-2-76; Ch. 118, § 118-140, 9-20-93)
Editor's note— Ch. 118, adopted Sept. 20, 1993 deleted the provisions of former § 17-74, which pertained to inspection, as derived from Ch. 47, § 6, adopted Aug. 2, 1976. Provisions added by Ch. 118 as § 118-140 have been included herein at the editor's discretion as § 17-74.
Sec. 17-75. - Removal of defective work.#
All work which has been rejected or condemned by the highway superintendent shall be remedied or, if necessary, removed and replaced in an acceptable manner by the contractor at his own expense. Under no conditions shall work be done without line and grade.
(Ch. 47, § 7, 8-2-76)
Sec. 17-76. - Materials.#
The acceptability of all materials used shall be approved by the highway superintendent. Defective or damaged materials shall not be used. Neither gravel for the base course, gravel for rolled surface course, or sand for cover shall be used until approved by the highway superintendent.
(Ch. 47, § 8, 8-2-76)
Sec. 17-77. - Public convenience and safety.#
The contractor shall conduct the work at all times in such manner as to ensure the least possible obstruction to traffic. The convenience of the general public and of the residents along and adjacent to the work shall be provided for in an adequate and satisfactory manner. No section of road shall be closed to traffic except at the direction of the highway superintendent.
(Ch. 47, § 9, 8-2-76)
Sec. 17-78. - Barricades, danger and warning signs.#
The contractor shall place and maintain as directed any barricades or warning signs required by the highway superintendent. These signs or barricades shall be placed where work is being done on or adjacent to any public road.
(Ch. 47, § 10, 8-2-76)
Sec. 17-79. - Use of explosives.#
When the use of explosives is necessary for the prosecution of the work, it must be scheduled and approved in advance by the highway superintendent. The contractor shall use the utmost care so as not to endanger life or property, and whenever directed the number and size of charges shall be reduced. The contractor shall at all times adhere strictly to all federal, state, and local laws concerning the use and storage of explosives.
(Ch. 47, § 11, 8-2-76)
Sec. 17-80. - Protection and restoration of property.#
The contractor shall not enter upon private property for any purpose without first obtaining permission from the property owner. He shall use suitable precautions to prevent damage to pipes, conduits and other underground structures, to poles, wires, cables and other overhead structures, whether shown on the plans or not and shall be careful not to damage any land monuments or property marks until an authorized person has referenced same.
(Ch. 47, § 12, 8-2-76)
Sec. 17-81. - Responsibility for damage claims.#
The contractor shall indemnify and save harmless the town, the department of public works and all of its officers, agents and employees from all suits, action, or claims of any character or on account of any injuries or damages received or sustained by any persons or property by or from the contractor or by or in consequence of any neglect in safeguarding the work.
(Ch. 47, § 13, 8-2-76)
Sec. 17-82. - Contractor's responsibility for the work.#
Until the date of the acceptance of the work, or the road into the town highway system, the person or persons responsible for having the road constructed shall be responsible for the maintenance so that when the street or the work is accepted it shall be in the proper condition. The highway superintendent shall make an inspection immediately prior to acceptance.
(Ch. 47, § 14, 8-2-76)
Sec. 17-83. - Construction layout.#
Layout and staking shall be accomplished by a registered land surveyor or professional engineer.
(Ch. 47, § 15, 8-2-76)
Sec. 17-84. - Clearing and grubbing.#
Clearing and grubbing shall consist of clearing the ground, within the highway limits and areas designated on the plans, of trees, rubbish and all objectionable material as indicated on the plans or as directed. Living trees outside of the pavement areas shall be cut only as directed by the highway superintendent. The branches of all such trees as are left standing shall be carefully trimmed to give a clear height of at least fourteen (14) feet over the pavement area. Within the excavation lines all trees shall be cut off and the stumps removed. Within the fill lines where a fill of less than three (3) feet is to be made, stumps, etc. shall be removed. Where a fill of more than three (3) feet is to be made the stumps may be left provided, however, that all trees are cut to within six (6) inches of the ground. All excavations made below the subgrade surface by the removal of trees, stumps, etc. shall be filled with suitable material, which shall be compacted thoroughly so as to make the surface at these points conform to the surrounding surface.
(Ch. 47, § 16, 8-2-76)
Sec. 17-85. - Pipe culverts.#
(a)
Asphalt-coated corrugated metal pipe. This pipe shall conform, both as to base metal analysis and fabrication, to the requirements of the A.A.S.H.O., M-36 for Corrugated Metal Pipe and in addition shall be completely coated inside and out with an asphalt cement, ninety-nine and five-tenths-percent soluble in carbon disulphide. The bottom quarter of the circumference, that is the invert of the pipe, shall be coated with asphalt so as to form a smooth pavement.
(b)
Reinforced concrete pipe. Reinforced concrete pipe to be used as pipe culvert shall conform to the requirements of A.A.S.H.O. Specification Designation M41-42, or its latest revision.
(c)
Construction method. All pipe shall be laid true and to grade. All joints shall be carefully mortared so as to render the joints tight. Mortar shall be composed of not less than one (1) part portland cement and two (2) parts sand and not more than one (1) part portland cement and three (3) parts sand and enough water to form a workable mix.
(Ch. 47, § 20, 8-2-76)
Sec. 17-86. - Drainage structures.#
All drainage structures shall conform to the standard structure shown on the latest approved state standards for road and bridge construction. Catch basins shall be no more than three hundred (300) feet apart.
(Ch. 47, § 21, 8-2-76)
Sec. 17-87. - Gravel base course.#
(a)
Material. The gravel for the gravel base course shall conform to the following requirements:
(1)
It shall be free from loam, silt, clay and vegetable matter.
(2)
It shall contain no cobbles whose diameter is over two-thirds the depth of the course being laid.
(3)
At least fifty (50) percent by weight of the gravel shall be of size retained upon a one-quarter-inch sieve.
(4)
Not over thirty-five (35) percent of the particles passing a one-quarter-inch sieve shall pass a No. 40 mesh sieve.
(5)
Not more than ten (10) percent of the particles passing a one-quarter-inch sieve shall pass a No. 200 mesh sieve.
(b)
Construction methods. The prepared foundation for the base course shall be shaped carefully to the required cross section and compacted thoroughly. The gravel shall be spread uniformly upon the prepared grade, directly from approved vehicles, in layers of not more than six (6) inches after final compaction to the depth as specified by the plans or as shown on the typical cross section in section 17-96. The minimum depth of the base course shall be twelve (12) inches. After each layer has been placed as specified, it shall be rolled by a ten-ton self-propelled roller until thorough compaction is attained. When necessary a water wagon shall be used in order to control the moisture of the base course material.
(Ch. 47, § 22, 8-2-76)
Sec. 17-88. - Bituminous concrete paving.#
(a)
Tack coat or primer. This coat shall be a medium curing-type cutback asphalt MC-250 conforming to the requirements of A.A.S.H.O. Specification Designation M-82, and shall be applied at a rate of 0.3 gallons per square yard to the compacted gravel base.
(b)
Bituminous concrete finish wearing surface. This course shall consist of a hot plant mix bituminous concrete applied by mechanical paver with a minimum thickness of two (2) inches. The mixture shall contain coarse aggregate, fine aggregate, mineral filler if necessary, and an asphalt combined to meet the following composition limits by weight and other characteristics:
Square Mesh Sieve % Passing by Weight
Passing ½" 100
Passing ⅜" 90-100
Passing No. 4 55- 80
Passing No. 8 42- 64
Passing No. 50 8- 26
Passing No. 200 2- 7
Bitumen 6- 8
The fraction actually retained between any two (2) consecutive sieves shall not be less than four (4) percent. If the aggregate is on the coarse side of the specification, in order to get a balanced mix it may be necessary at times to adjust the bitumen content.
(c)
Asphaltic material. The asphaltic material shall be MC-3000 conforming to A.A.S.H.O. M-82 except that the penetration of residue from distillation shall be one hundred twenty (120) to one hundred sixty (160) and composed of asphalt cement and a kerosene-type diluents of medium volatility. Temperature shall be so controlled that the temperature of the MC-3000 shall be between one hundred fifty (150) degrees and two hundred (200) degrees Fahrenheit and that of the mix as it is dumped from the mixer must be between three hundred (300) degrees and three hundred forty (340) degrees Fahrenheit.
(d)
Construction methods. The methods employed in the performance of the work, and all plant, equipment, tools and machinery handling material and executing any part of the work shall be subject to the approval of the highway superintendent.
(e)
Transportation of bituminous material. Deliveries shall be made so that spreading and rolling of all the mixture prepared for a day's run can be completed during daylight, unless satisfactory artificial light is provided. The mixture shall be delivered to the area to be paved in such manner that the temperature at the time of dumping into the paver will not be less than specified. Any loads wet by rain will be rejected. Hauling over freshly laid material will not be permitted.
(f)
Placing of mixtures. The temperature of the mixtures when dumped into the mechanical spreader shall not be greater than three hundred twenty-five (325) degrees Fahrenheit. Binder course and patch mixtures which have temperatures of less than two hundred twenty-five (225) degrees Fahrenheit when dumped into the mechanical spreader will be rejected. The mechanical paver shall be adjusted and the speed regulated so that the course, when compacted, will conform to the cross sections, grades and contours indicated, and shall be free of bird baths or undrained areas. Placing of the mixture shall be as continuous as possible. The mixture shall be laid only upon a base which is dry and only when existing outside temperature is forty (40) degrees Fahrenheit or higher. Paving shall not be started at any time the temperature is predicted to go below forty (40) degrees Fahrenheit during the period paving is to be accomplished.
(g)
Compaction of mixtures. Compaction shall be effected by rolling. Rolling shall begin as soon after placing as the mixture will bear the roller without undue displacement. Delays in rolling freshly spread mixture will not be permitted. Tests for conformity with the specified grade, and smoothness shall be made by the contractor immediately after initial compression. Before continuing the rolling, any variations shall be corrected by removing or adding materials as directed. In all places not accessible to the rollers, the mixture shall be compacted thoroughly with hot hand tampers. Skin patching of an area that has been rolled will not be permitted. Any mixture that becomes mixed with foreign matter or is defective, shall be removed, replaced with fresh mixture, and compacted to the density of the surrounding area. Slopes shall be uniform and finished work shall have no depressions or water pockets. The contractor shall provide competent workmen who are capable of performing all work incidental to the correction of all pavement irregularities. After final rolling no vehicular traffic of any kind shall be permitted on the pavement until it has cooled and hardened, and in no case less than six (6) hours.
(h)
Joints. All joints shall present the same texture, density, and smoothness as other sections of the course. The joints between successive day's work shall be made carefully in a manner to ensure a continuous bond between old and new sections of the course.
(i)
Limit of paving. Where new pavement is to meet existing bituminous pavement, the existing bituminous pavement shall be sawed to a straight unravelled edge presenting a vertical face with a minimum depth of three-fourths of an inch. This edge shall be painted with asphalt cement and the new pavement placed to meet this line in a manner that will ensure a smooth joint.
(Ch. 47, § 23, 8-2-76)
Sec. 17-89. - Gravel fill.#
(a)
Material. This material shall be used as a foundation for structures, to replace unstable material in slopes and as a foundation for culverts. This material shall be of the type as specified for the gravel base course.
(b)
Construction methods. This material when used as a foundation material shall be placed in layers not to exceed six (6) inches. It shall be tamped and wetted in a manner so as to attain thorough compaction.
(Ch. 47, § 24, 8-2-76)
Sec. 17-90. - Drainage.#
(a)
Where there are no drainage structures shown on the plans, particularly at the intersections of the road, the contractor shall take special precautions to grade the aforementioned areas so as to allow the area to drain properly.
(b)
Where the work is not done to the satisfaction of the highway superintendent, the contractor shall cause such work to be done so as to render the area satisfactory at no expense to the town.
(Ch. 47, § 25, 8-2-76)
Sec. 17-91. - Typical cross section.#
All roads and utilities shall be constructed in strict conformance with the typical cross section except as the highway superintendent may direct. All border areas shall be loamed and seeded within full right-of-way width.
(Ch. 47, § 26, 8-2-76)
Sec. 17-92. - Grades.#
Grades shall conform to chapter 18, the town's subdivision regulations.
(Ch. 47, § 27, 8-2-76)
Sec. 17-93. - Final cleaning up.#
The construction work shall not be considered as complete until the right-of-way, and all other ground, both public and private, occupied by the contractor in connection with the work shall be cleared of all surplus and discarded material, rubbish and temporary structures.
(Ch. 47, § 28, 8-2-76)
Sec. 17-94. - Quality control.#
The contractor or developer shall bear the expense of any tests necessary for quality control of materials or workmanship as determined by the highway superintendent.
(Ch. 47, § 29, 8-2-76)
Sec. 17-95. - Design guides and reference standards.#
To insure high quality and uniformity of construction, and unless otherwise specified, all work and materials used in the construction shall conform to the Standard Specifications for Road and Bridge Construction dated 1971, the associated standard details and any amendments thereto. The design shall also follow to the maximum extent possible the roadway design principles (especially with respect to collector roads) detailed in the latest edition of "A Policy of Geometric Design of Highways and Streets" by the American Association of State Highway and Transportation Officials (AASHTO).
All work shall be completed in accordance with the standard cross section having the pavement width as required for the type of roadway being designed (see Roadway Design Table and Chapter 17 of the Hopkinton Code entitled Streets, Sidewalks and Other Public Places). The standard cross section required in all subdivisions is as follows:
Hopkinton Illustration
xpp rotatepg?=""? xpp restore?=""? In general the detention/retention pond design requirements shall follow the design table and the recommendations found in the final edition of the "Recommendations of the Stormwater Management and Erosion Control Committee Regarding the Development and Implementation of Technical Guidelines for Stormwater Management" dated June 1988. All detention/retention basins shall also be designed to handle the sediment removal requirements of the "Rhode Island Soil Erosion and Sediment Control Handbook" dated 1989. In general, the design of said detention/retention facilities should follow the recommendations in both of the above referenced publications.
(Ch. 118, § 118-139, 9-20-93)
Editor's note— Ch. 118, adopted Sept. 20, 1993 deleted the provisions of former § 17-95, which pertained to work not covered, as derived from Ch. 47, § 30, adopted Aug. 2, 1976. Provisions added by Ch. 118 as § 118-139 have been included herein at the editor's discretion as § 17-95.
Sec. 17-96. - Reserved.#
Editor's note— Ch. 118, adopted Sept. 20, 1993 deleted the provisions of former § 17-96, which pertained to roadway cross section illustrated, as derived from Ch. 47, adopted Aug. 2, 1976.
Secs. 17-97—17-110. - Reserved.#
DIVISION 3. - EXCAVATIONS#
Footnotes:
--- (4) --- Cross reference— Buildings and building regulations, Ch. 5; mobile homes and mobile home parks and camping areas, Ch. 9; subdivisions, Ch. 18.
Sec. 17-111. - Permit required; closure; collection of costs; protection of public.#
(a)
Whenever the convenience of any person requires the taking up of any pavement, or the digging of any trench or hole in any street or highway, such person shall first obtain permission, in writing, of the town council who shall examine such street or highway before it shall be broken up.
(b)
If any person shall, for six (6) hours of daylight, after the completion of the work for which such opening was made, omit to fill up or repair such street or highway to the satisfaction of the town council, the council shall cause the same to be filled up or repaired in the proper manner, and to deliver to the town treasurer a statement of the costs with reasonable charges for the superintendence of the same.
(c)
The treasurer shall cause the same to be collected of the person causing such street or highway to be opened, in an action of debt in the name of the town, before any court of competent jurisdiction.
(d)
Whenever any trench or hole must of necessity remain after dark, every person making any such trench or hole or employing anyone so to do, shall cause a sufficient light to be kept over or rear the same, throughout the whole of the night, so as to give sufficient notice to all persons passing in or through such street or highway.
(Ch. 10, § 1 9-6-27)
Sec. 17-112. - Roadway excavation.#
(a)
Generally. Roadway excavation shall consist of the removal and satisfactory disposal of all material taken from within the limits of the work. It shall also include the shaping and cleaning of all slopes and shoulders.
(b)
Classification. Roadway excavation shall be classified in the following manner: earth, rock, or loam. Earth excavation shall include muck or other unsuitable material and all materials other than water except rock, loam and the materials classified under clearing and grubbing. Rock excavation shall include rock in definite ledge formation and boulders of a size of one-half cubic yard or more in volume. Loam excavation shall include loam or topsoil that is to be removed. Roadway excavation shall be made in conformity with the requirements of the plans. The slopes of earth cuts shall be smooth, neat, and true to the lines given or as directed.
(c)
Excavation of rock. When ledge rock is encountered this material will be excavated at least to the rock slope lines indicated on the plans and to a depth of not less than two (2) feet below subgrade. The surfaces of slopes in rock shall be fairly uniform, free of all loose stones, or shattered edges. When blasting is done the contractor shall use proper methods of protection and shall be responsible for all damage due either directly or indirectly to such operation. Blasting mats or logs with proper chains or cables, or both, shall be used as may be necessary.
(Ch. 47, § 17, 8-2-76)
Sec. 17-113. - Placement of excavated material.#
(a)
Embankments shall be constructed of earth, rock, or a mixture of earth and rock, deposited in successive layers for the full width of the embankment. Except as specifically directed by the highway superintendent, each layer of earth shall be not more than twelve (12) inches before compaction. Each layer shall be leveled. The entire area of each layer shall be compacted by distributing the hauling over the area, by power rollers, or by other mechanical means satisfactory to the highway superintendent. Depending on the material and weather conditions, it may be necessary to supplement mechanical compaction methods by use of a water wagon to control the moisture in the material.
(b)
Where filling of twelve-inch layers is impracticable as in the case of filling in water or over slopes too steep for the operation of equipment, the embankment may be constructed in one (1) layer to the minimum elevation at which equipment may be operated, as determined by the highway superintendent.
(c)
Embankments to an elevation three (3) feet above water surface at the time of the filling, shall be constructed of rock and/or free-draining soil as directed by the highway superintendent.
(d)
Excavated rock shall be placed in layers not to exceed three (3) feet. Large stones shall not be placed in nests, but shall be distributed over the area. No stone over five (5) inches in its greatest dimension shall be placed within twelve (12) inches of the elevation of subgrade.
(Ch. 47, § 18, 8-2-76)
Sec. 17-114. - Trench excavation.#
(a)
Trench excavation shall consist of the removal and satisfactory disposal of all materials except water, the removal of which is necessary for the construction of pipes, culverts, and end walls, catch basins, drop inlets, manholes, underdrains and outlets, to the dimensions shown on the plans or as ordered and in accordance with these specifications.
(b)
Trench excavation shall be made in conformity with the requirements of the plans or as ordered. The contractor shall furnish and employ such shores, braces, sheeting, pumps, etc. as the highway superintendent may consider necessary for the proper completion of the work and the safety of the public. All bracing, sheeting, etc. shall be removed when no longer required for the construction or the safety of the work.
(c)
After completion of the excavation, the contractor shall notify the highway superintendent and no masonry or pipe shall be placed in the excavated area until the highway superintendent has approved the foundation and the depth of the excavation. Where the foundation is unacceptable, the unsuitable material shall be removed and replaced with gravel to a depth satisfactory to the highway superintendent. When backfilling is required all material used for this purpose shall be free of large stones, and wood or other foreign matter. All backfill within the pavement area shall be placed in layers not to exceed six (6) inches, and shall be thoroughly tamped so as to attain complete compaction. Where unsuitable material for backfilling is encountered, this material shall be removed from the job site and replaced by suitable material.
(Ch. 47, § 19, 8-2-76)
Secs. 17-115—17-130. - Reserved.#
DIVISION 4. - BUILDING NUMBERS AND STREET NAMES#
Sec. 17-131. - Purpose.#
The standards set forth in this division are made for the purpose of promoting the public health, safety, and general welfare of the residents of the town by: (1)
Providing a means of locating residential, business and/or other structures for expedient emergency response by fire, police, rescue, and other emergency services.
(2)
Establishing a property location that will serve as E911 locator and/or mail delivery locator.
(3)
Providing property owners and the town with a systematic and accurate means of identifying and locating property.
(4)
Assisting in proper delivery of utility and other delivery services.
(Ch. 87, § 2, 1-20-87; Ch. 282, 4-4-22)
Sec. 17-132. - Compliance required.#
All buildings in the town shall display street numbers in accordance with the provisions of this division. Subsequent to the adoption of this section it shall be the responsibility of each and every property owner, trustee, lessor, agent, property manager of each residential structure, business, or industry to post and maintain, at all times, address numbers as required under this division. Every address number shall be displayed in such a way that they are unobstructed and legible in either direction from the traveled roadway.
Any property owner, trustee, lessor, agent, property manager failing, refusing, or neglecting to procure and affix address numbers as required shall be subject to a fine of not more than twenty-five ($25.00) dollars for each violation. Fines shall begin to accrue fifteen (15) days after a written notice of violation is received by the owner, and end at such time violation ceases. Failure to comply with this division during any successive thirty (30) day period shall be considered a separate offense which shall commence on the 31st day after receipt of such notice of violation. The Hopkinton Municipal Court shall have jurisdiction over violations of this division.
(Ch. 87, § 1, 1-20-87; Ch. 282, 4-4-22)
Sec. 17-133. - Administration.#
The building and lot numbering system provided for by this division shall be administered by the E911 coordinator who shall assign building numbers to all residential, commercial, and industrial structures in conformity with the plan developed pursuant to this division. The E911 coordinator shall also be responsible for maintaining the official records of this numbering system as follows: (1)
A town map for official use showing the numbering system;
(2)
A town-wide alphabetical list of property owners by last name, showing the assigned numbers.
(Ch. 87, § 3, 1-20-87; Ch. 282, 4-4-22)
Sec. 17-134. - Criteria for numbering system.#
The following criteria shall govern the development of the numbering system provided for by this division and the assignment of numbers: (1)
Number interval. Each one hundred (100) feet of every street shall be assigned one (1) odd number and one (1) even number on each side of the street.
(2)
Odd and even numbers. Odd numbers shall be on the left-hand side of all streets facing from the point of number origin to the point of number destination of each street.
(3)
Number origins. On through streets which terminate at another street at both ends, numbers shall start at the southernmost point of the road and proceed north. On east-west roads, numbering shall start at the easternmost point of the road and proceed west. On dead-end streets and cul-de-sacs numbers will start at the intersection of the origin of the street and run toward the dead end or turnaround. Exceptions to either of the above shall be decided on a case-by-case basis by the E911 Coordinator.
(4)
Common access. Where several residential or other structures are served by a common driveway or private right-of-way which is not a street recognized by the town council, the number at the entrance shall apply to all structures served by the drive or way and each separate structure shall be identified by a suffix letter (example 115A) in counterclockwise rotation, starting with the structure on the immediate right of the drive or access way.
(5)
Number assignment. The number assigned to each residence or structure shall be the number which falls closest to the main entry or driveway providing access to the property as shown on the official map of street numbers.
(6)
Multiple units within a structure. Where more than one (1) residential or business units are located within the same structure, the units shall be addressed with a suffix following the main structure number. Residential units shall be designated with a suffix letter (A, B, C, D) and commercial units shall be designated with a suffix number (unit 1, 2, 3, 4).
(Ch. 87, § 4, 1-20-87; Ch. 282, 4-4-22)
Sec. 17-135. - Criteria for street names.#
(a)
Basis for choosing. Names of streets may be chosen that relate to the location and historical significance of an area.
(b)
Unacceptable names. Numerical (1st, 2nd, 3rd, etc.), alphabetical letter (A, B, C, etc.); frivolous, complicated, undesirable, and unconventional street names are unacceptable.
(c)
Affixes. Unnecessary affixes are to be avoided. Terms that may be utilized are as follows: "East," "West," "North," "South" indicating direction, and "Old" and "New" to indicate changes in differing or separate roads.
(d)
Name duplication. Similar sounding names are considered to be duplication regardless of spelling. No duplication of names shall be permitted within the area serviced by a United States Post Office or local public agency such as the police or fire department.
(e)
Continuity. A continuous street, or one proposed as continuous, should bear the same name throughout, even if it changes direction.
(Ch. 87, § 5, 1-20-87; Ch. 282, 4-4-22)
Sec. 17-136. - Display of numbers.#
All owners, residents and other occupants are required to display numbers assigned pursuant to this division in the following manner: (1)
Number on structure of residence. Where the residence or structure is within fifty (50) feet of the edge of a street right-of-way, the assigned number shall be displayed on the front of the residence or structure in the vicinity of the front door or entryway and the number shall be a minimum of three and three quarter (3.75) inches in height, visible from the street and identifiable at night.
(2)
Number at street line. Where the residence or structure is over fifty (50) feet from the edge of the street right-of-way, and/or the postal mailbox is across the street right-of-way from the structure, the assigned number shall be displayed on a post, fence or wall at the property line, to the right of the access drive to the residence or structure. The numbers shall be made of reflective material and/or contrasting color as approved by the E911 coordinator and conspicuously visible from both directions.
(3)
Size and color of number. Street numbers shall be no less than two and a half (2.5) in height. Street line numbers shall be of reflective material and shall be of contrasting colors to the surface upon which they are affixed as approved by the E911 coordinator. No building shall display any number other than the assigned proper number designated by the town.
(4)
Placing of numbers. The owner of the building shall place the designated number on the respective building in the immediate vicinity of the front entry door(s).
(5)
Interior location. All residents and other occupants are encouraged to keep their assigned numbers and street names nearby their telephones for emergency reference.
(6)
Mailboxes. All mailboxes and/or mailbox posts located at the street line, on same side of property access drive, shall have affixed upon them, display numbers no less than two and a half (2.5) inches in height, made of reflective material and of contrasting colors and conspicuously visible from both directions.
(Ch. 87, § 6(A)—(E), 1-20-87; Ch. 282, 4-4-22)
Sec. 17-137. - New buildings.#
Whenever any residence or other structure is constructed or developed, it shall be the duty of the new owner to procure an assigned number from the E911 coordinator. This shall be done at the time of the issuance of the building permit.
(Ch. 87, § 7, 1-20-87; Ch. 282, 4-4-22)
Sec. 17-138. - New subdivisions.#
Any prospective sub-divider seeking to create new lots shall, in accordance with the town land development and subdivision regulations, submit a street naming and numbering proposal to the building and zoning official and the E911 coordinator. The proposal shall consist of a map of the overall tract illustrating the street layout with the name proposed for each street and the proposed numbering for each lot and an alphabetical list of the proposed street names, together with an alternate name for each street name proposed. The E911 coordinator shall review the proposed street naming and numbering program for duplication of names, appropriateness of names, and for overall compliance with the street naming and numbering policy. The E911 coordinator may modify or amend the proposed list as deemed necessary in order to bring it into compliance with the street naming and numbering policy. The approved street names and numbering shall be included in the final map which is submitted to the planning board for approval and for recordation.
(Ch. 87, § 8, 1-20-87; Ch. 282, 4-4-22)
DIVISION 5. - OFFICIAL STREET MAP#
Sec. 17-139. - Definitions.#
As used herein the following words and phrases shall have the following meanings: (a)
Paper street shall mean a street which appears on a recorded plat or map but which in actuality has never been opened, prepared for use, or used as a street and that has not been certified and accepted as a public street by the town.
(b)
Stub street shall mean a portion of a street reserved to provide access to future development, which may provide for utility connections, but which has not been certified and accepted by the town as a public road.
(Ch. 283, 4-4-22)
Sec. 17-140. - Intent of division.#
It is the intent of the town council to establish an official street map under the provisions of R.I.G.L. § 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.
(Ch. 283, 4-4-22)
Sec. 17-141. - Contents generally.#
The official street 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 is hereby established as shown on a map entitled "Hopkinton Official Street Map" 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.
(Ch. 283, 4-4-22)
Sec. 17-142. - Adoption.#
A public hearing in relation to the official street map shall precede its adoption. At such public hearing, the parties of interest and citizens shall have an opportunity to be heard. At least ten (10) days' notice of such public hearing shall be published in a newspaper of general circulation in the city or town. Before adoption of this division and the official street map the town council shall refer the matter to the planning board for a report and its recommendations on the map, but if the planning board does not make its report within forty-five (45) days of the reference, the necessity for the report may be deemed waived. The town council shall certify the fact of the establishment of the official street map to the town clerk.
A certificate shall be recorded with the town clerk showing that the town has established an official street map which supersedes any previous and existing street maps. There shall be a certified official street map as described in section 17-141. The certified official street 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 official street 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 certification by the town council, shall be signed by the town council president, and countersigned by the town clerk. Thereafter, no change or addition to such official street map shall become effective except by way of compliance with section 17-142 and information shall be placed on the official street map 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. The town council shall vote on additions to the official street map after said streets have been subject to the land development and/or subdivision process and have been approved by the planning board. Every year the town council will confer with the requisite departments, boards, and commissions, to compile a list of newly created streets for inclusion in the official street map.
(Ch. 283, 4-4-22)
Sec. 17-143. - 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 (10) 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 forty-five (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 street map and shall be subject to all the provisions of this division, except provisions relating to public hearing and referral to the planning board.
(Ch. 283, 4-4-22)
Sec. 17-144. - Establishment or opening of streets not implied by placement on map.#
The placing of any street or street line upon the official street map or the placement of a stub street or paper street on any plat or 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 immediate street purposes.
(Ch. 283, 4-4-22)
Sec. 17-145. - Regulation of buildings in bed of mapped streets.#
For the purpose of preserving the integrity of the official street map, no building permit shall be issued for any building in the bed of any street shown on the official street map. Whenever the bed of a mapped street is located on one (1) 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), by majority vote, 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 street 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.
(Ch. 283, 4-4-22)
Sec. 17-146. - 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 street 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 the town land development and subdivision regulations.
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 street map.
(Ch. 283, 4-4-22)
Sec. 17-147. - List of private roads or sections of roads in the town.#
The list of roadways, recognized as non-town maintained private roadways in the town shall be found on the official town street map filed in the town hall and/or posted on the town website.
(Ch. 283, 4-4-22)
Sec. 17-148. - Appeals.#
Any person aggrieved by any decision of the zoning board of review, or the town council made pursuant to this division may take an appeal as permitted pursuant to R.I.G.L. § 45-23.1-5.
(Ch. 283, 4-4-22)
Sec. 17-149. - Severability.#
If any provision of this division or the application of this division to any person or circumstance is held invalid, the remainder of this division or the application of the division to other persons or circumstances shall not be affected by the invalidity.
(Ch. 283, 4-4-22)