The text
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.; sidewalks, G.L. 1956, § 24-7-1 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. 66-21. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Construction means an operation for the purpose of movement, placement or removal of earth, rock, vegetation or other materials in or on the ground, or otherwise disturbing the improved or unimproved surface or subsurface of the earth, by the use of hand, powered, or mechanized equipment, including operations such as, but not limited to: clearing and grubbing, digging, blasting, auguring, boring, drilling, piledriving, backfilling, grading, trenching, tunneling, excavation, curbing, curb cuts, driveway apron construction and road construction; the term "construction" shall also mean the placement of any natural or manmade objects within a street.
Person means an individual, partnership, corporation, association or public utility, including a person engaged as a contractor by a public agency and a public agency.
Public agency means the state or any political subdivision thereof, including any governmental agency or unit.
Public utility means the owner or operator of any facilities that furnish electric, gas, telephone, cable television, communications, water or any other utility service.
Permittee means any person who has been granted and has in full force and effect a permit issued under the provisions of this article.
Street means any public street, highway, sidewalk, alley, avenue, right-of-way (improved or unimproved), or other way or public grounds in the town as may be shown or platted on maps of record, whether or not such areas are currently maintained by the town, or have been accepted by any body of town government.
Surety means a letter of credit as approved by the town, cash (bank passbook), or certified check in the full value of the job, as approved by the town.
Town means the highway and facilities manager, town engineer, or other employee, person or office duly authorized to administer the provisions of this article.
(Code 1986, § 17-17)
Cross reference— Definitions generally, § 1-2.
Sec. 66-22. - Acceptance.#
No new street shall be accepted by the town for any purpose unless it has first been fully constructed in accordance with the requirements and specifications of this article. No road maintenance services shall be provided by the town until such time as the new street has been accepted by the town council. For laid out private ways existing as of the effective date of the ordinance from which this article was derived, which do not meet minimum construction specifications and technical requirements, the town council is to use its own discretion for acceptance, provided that such acceptance should not be granted unless clearly in the public interest.
(Code 1986, § 17-18)
Sec. 66-23. - Technical standards.#
(a)
The town has published infrastructure improvement regulations and general specifications and construction procedures manuals which provide the technical standards, specifications and requirements for general work activities that may be performed within town streets or rights-of-way. Any and all excavation work as described within this article shall comply with and conform to the appropriate general specifications and construction procedures manuals. It shall be the responsibility of each person performing any excavation work to ensure that he has a copy of and has read and understood the appropriate sections of the latest version of the appropriate manuals.
(b)
General technical standards that apply to construction within a street are as follows:
(1)
All openings on improved streets shall be saw cut.
(2)
All material removed from any street during any excavation shall be promptly disposed of by the permittee at his expense, unless specific approval to reuse such material is granted by the town.
(3)
All new and/or replacement material shall be subject to the approval of the town.
(4)
The permittee shall have available all necessary and appropriate equipment on-site or readily accessible in order to fully comply with all of the technical requirements noted in this section directly or by reference.
(5)
All cuts made to an improved surface shall have a temporary patch applied for a 30-day period to allow for settling and natural compaction.
(6)
All cuts made to an improved surface shall have a permanent patch applied immediately following the 30-day period referenced in subsection (b)(5) of this section.
(7)
All cuts made to an improved surface shall be treated by an infra-red patching process within 30 days after the placement of the permanent patch.
(Code 1986, § 17-19)
Sec. 66-24. - Penalties for violation of article.#
(a)
Any person found to be violating any provision of this article shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for its satisfactory correction. The offender shall, within the period of time stated in such notice, permanently cease all violations. Subsequent actions taken by the town may include:
(1)
The issuance of a complaint and summons to appear in the town municipal court.
(2)
Suspension of license.
(3)
Issuance of an order or compliance schedule.
(4)
Revocation of license and/or permit.
(5)
Assessment of costs as defined in this section, penalties and/or fines.
(b)
Any person who shall continue any violation beyond the time limit provided for in subsection (a) of this section shall be guilty of an ordinance violation and shall be subject to a fine. The amount of the fine shall be based upon the severity of the violation as determined by the town and the compliance action required by the town to ensure that the violation is corrected. Violations that present an immediate hazard to the public and/or to the safety and operations of the town will be subject to a fine as provided in section 1-14.
(c)
Any person violating any of the provisions of this article shall become liable to the town for any expense, loss or damage including the costs of litigation occasioned the town by reason of such violation.
(d)
Notwithstanding any of the provisions of this section, the town may institute any appropriate action, including requests for injunctive relief or other proceedings to prevent, restrain or abate violations of this article. Such action may include, when the town determines that any violation presents or would present any operational hazard to the town's streets, the issuance of a written notice of suspension of a permit. Any person notified of a suspension of their permit shall immediately stop the work associated with such permit and/or cease the violation or violations stipulated therein.
(Code 1986, § 17-20)
Sec. 66-25. - Applicability of article provisions.#
This article will be applicable to any street upon which any construction is started after the passage of the ordinance from which this article was derived.
(Code 1986, § 17-16)
Secs. 66-26—66-40. - Reserved.#
DIVISION 2. - LICENSES#
Sec. 66-41. - Required.#
No person shall perform any construction work as described in this article within a town street or right-of-way unless such person is duly licensed by the town for such activity. The town may license any qualified person to perform such construction work within the town, provided that such person files the proper application therefor, and the proper certificate of insurance, and pays the appropriate fee as may be found on file in the office of the town clerk. All of the required submittals are subject to the review and approval of the town prior to the issuance of any license.
(Code 1986, § 17-36)
Sec. 66-42. - Insurance.#
The licensee shall provide and maintain insurance for the complete duration of his work, including the guarantee period provided for in this section, with an insurance company authorized to write such insurance in the state as further described in this section. The form and substance of such insurance shall be as is approved by the town. (1)
Licensee's comprehensive public liability and property liability insurance. The licensee shall carry comprehensive general liability insurance with broad form of contractual general liability endorsement attached, providing for a limit of not less than $1,000,000.00 for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total limit of not less than $1,000,000.00 for all damages arising, out of bodily injuries to or the death of two or more persons in any one accident; and contractor's comprehensive property damage liability insurance providing for a limit of not less than $1,000,000.00 for all damages arising out of injury to or destruction of property in any one accident; and subject to a limit of not less than $1,000,000.00 for all damages arising out of injury to or destruction of property during the policy period.
(2)
Insurance covering special hazards. Special hazards shall be covered by riders to the public liability insurance and property damage insurance policy required in this section to be furnished by the licensee, or by separate policies of insurance as follows:
a.
Property damage liability arising out of the collapse of, or structural injury to, any building or structure due to excavation (including burrowing, filling or backfilling in connection therewith), tunneling, piledriving, cofferdam work, or caisson work; or to moving, shoring, underpinning, razing or demolition of any building or structure; or removal or rebuilding of any structural support thereof.
b.
Property damage liability for injury to or destruction of property arising directly or indirectly from blasting or explosions, however caused, other than pressure, prime movers, machinery or power-transmitting equipment.
c.
Property damage liability for injury or destruction of wires, conduits, pipes, mains, sewers or other similar property or any apparatus in connection therewith, below the surface of the ground, arising from and during the use of mechanical equipment for the purpose of excavating or drilling within the project limits; injury to or destruction of property at any time resulting therefrom.
d.
The licensee shall require similar insurance in such amounts to be taken out and maintained by each subcontractor.
(Code 1986, § 17-37)
Sec. 66-43. - Laws and regulations.#
The licensee, in the prosecution of any work as may be regulated by this article, shall comply with all federal, state and local laws, regulations, ordinances and codes, and shall secure all necessary permits and licenses prior to the commencement of any work.
(Code 1986, § 17-38)
Sec. 66-44. - Indemnification.#
The licensee shall indemnify and save harmless the town from any and all suits and actions of every name and description brought against the town for, or on account of, any injuries or damages received or sustained by any person in the consequence of, or resulting from, any work performed by such licensee, and his servants or agents, or of or from any improper materials used in such work, or from any negligence in guarding such work, or of or from any act or omission of such licensee and his servants or agents. The licensee shall also indemnify and save harmless the town from any and all claims for payment for materials and labor used and employed in the execution of any work regulated by this article. The town shall not be deemed to have assumed any liability or responsibility by reasons of applying or enforcing any provisions of this article.
(Code 1986, § 17-39)
Sec. 66-45. - Notification.#
The licensee shall provide his business address to the town and shall promptly notify the town upon any change thereto. Any orders or notices that the town may cause to be issued, if mailed to the address so provided, shall be considered as due notice delivered to the licensee personally, and shall relieve the town of further notification obligations.
(Code 1986, § 17-40)
Sec. 66-46. - Suspension/revocation.#
The town may at any time suspend or revoke any license issued pursuant to this article for any violation, willful or otherwise, of any of the provisions of this article. Notification to the licensee of such suspension or revocation shall be as is provided for within section 66-45. The cancellation or expiration of the licensee's insurances shall be deemed an automatic suspension of such license.
(Code 1986, § 17-41)
Secs. 66-47—66-60. - Reserved.#
DIVISION 3. - PERMITS#
Sec. 66-61. - Required.#
No person shall perform any construction work within any town street or right-of-way without first applying for and obtaining a permit from the town as provided for within this division.
(Code 1986, § 17-54)
Sec. 66-62. - Application; contents.#
(a)
No permit shall be issued unless a written application for the issuance of such permit has been submitted to and approved by the town, upon a form that has been furnished by the town. The written application shall state the name and address of the applicant; the nature, location and purpose of the work; the commencement date; the estimated date of completion; and other such information as may be required by the town.
(b)
The application shall be accompanied by plans showing the location and extent of the proposed work, the dimensions and elevations of all pertinent existing and proposed features, and other such information as may be required by the town. The town has published a document entitled "Infrastructure Improvements—Required Submittals, Plans and Supporting Documentation" which establishes the general requirements for any information to be attached to the application. It shall be the responsibility of the applicant to ensure that he has a copy of and has read and understood the latest version of this document.
(Code 1986, § 17-55)
Sec. 66-63. - Fee.#
A permit fee shall be paid to the town at the time of application as a condition of obtaining a permit to work within any street. The amount of the permit fee shall be as shown on the approved schedule of rates and charges filed with the town clerk. This fee shall be for this particular permit only, and shall be nonrefundable.
(Code 1986, § 17-56)
Sec. 66-64. - Unauthorized construction.#
An administrative fee in the amount shown on the approved schedule of rates and charges filed with the town clerk, in addition to the regular permit fee, shall be assessed upon the issuance of a cease and desist order related to construction work without prior authorization in the form of a permit from the town.
(Code 1986, § 17-57)
Sec. 66-65. - Emergency action.#
If an emergency in which a sewer, main conduit or utility in or under any street breaks, bursts or otherwise is in such condition as to immediately endanger the property, life, health or safety of any individual, the person owning or controlling such sewer, main, conduit or utility, without first applying for and obtaining a permit required by this division, shall immediately take proper emergency measures to cure or remedy the dangerous conditions for the protection of property, life, health and safety of individuals. All emergency work shall be reported to the highway division or police department immediately. Such person owning or controlling such facility shall apply for a permit not later than the end of the next succeeding day during which the highway and facilities manager's office is open for business, and shall not proceed with permanent repairs without first obtaining a permit required by this division. A failure to comply with this section shall be considered as an unauthorized construction.
(Code 1986, § 17-58)
Sec. 66-66. - Surety.#
(a)
Every person making application for a permit to perform construction work within a town street or right-of-way shall furnish surety to the town. The amount of the surety shall be an amount equal to the value of the proposed construction as approved by the town. By the applicant filing and the town accepting such surety, the applicant shall be obligated to faithfully perform such work in all respects and replace, repair, and reconstruct that portion of any town street or right-of-way in which such applicant and his servants or agents shall perform any construction work to as good a condition as that which existed prior to the commencement of such work. The town reserves the right to waive the requirements of this section depending on the scope of the proposed work.
(b)
The required surety must be: Conditioned upon the permittee's compliance with this article and to secure and hold the town and its officers harmless against any and all claims, judgements or other costs arising from the construction and other work covered by the permit or for which the town, the town council, or any town officer may be made liable by reason of any accident or injury to persons or property through the fault of the permittee either in not properly guarding the construction area or for any other injury resulting from the negligence of the permittee, and further conditioned to fill up, restore and place in good and safe condition as near as may be to its original condition, and to the satisfaction of the town, all openings and excavations made in streets, and to maintain any street where construction is made in as good condition for the period of 24 months after the work shall have been done, usual wear and tear excepted, as it was in before the work shall have been done. Any settlement of the surface within the two-year period shall be deemed conclusive evidence of defective backfilling by the permittee.
(c)
Recovery on such surety for any injury or accident shall not exhaust the surety, but it shall in its entirety cover any or all future accidents or injuries during the construction work for which it is given. In the event of any suit or claim against the town by reason of the negligence or default of the permittee, upon the town's giving written notice to the permittee of such suit or claim, any final judgement against the town requiring it to pay for such damage shall be conclusive upon the permittee and his surety.
(Code 1986, § 17-59)
Sec. 66-67. - Cash deposits.#
(a)
Generally.
(1)
The application for a permit to perform construction work under this division shall be accompanied with a refundable cash special deposit, made to the town for deposit with the town treasurer, in a sum equal to $500.00 per permit. No deposit shall be less than $500.00.
(2)
Any person intending to make openings, cuts or excavations in streets for main line utilities or service connections shall make and maintain with the town treasurer a general deposit in the sum equal to $25.00 per linear foot of excavation as determined from plans submitted, and the person so depositing shall not be required to make the $500.00 special deposit provided in this section but shall, however, be required to comply with all other applicable provisions of this division.
(3)
Any special or general deposit made under the provisions of this section shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the construction or better, if required, and if the permittee fails to make the necessary repairs or to complete the proper refilling of the opening and the construction work under the permit.
(4)
Upon the permittee's completion of the work covered by such permit in conformity with this division as determined by the highway and facilities manager, two-thirds (general deposit) of such general cash deposit shall be promptly refunded by the town to the permittee, and the balance shall be refunded by the town to the permittee upon the expiration of such 24-month period. Upon the permittee's completion of the work covered by such permit (special deposit) in conformity with this division as determined by the highway and facilities manager, one-half of such special cash deposit shall be promptly refunded by the town to the permittee and the balance shall be refunded by the town to the permittee upon the expiration of a three-month period.
(5)
If the town should need to use any or all of the deposit (special or general) as provided for in this section, then the permittee shall immediately post such further sum as may be required to restore such deposit to its original amount.
(b)
Public utilities.
(1)
Public utilities maintaining lines in the town shall make one special deposit of $500.00 with the town treasurer to serve as security for the repair and performance in respect to all construction in the streets of the town made by that utility.
(2)
The general deposit requirement of $25.00 per linear foot shall not apply to utility companies installing or extending their main line distribution system. All the other terms and conditions of this division shall apply to utility companies.
(Code 1986, §§ 17-60, 17-61)
Sec. 66-68. - Utility main extensions.#
(a)
Permit applications for street openings for all utility main extensions including, but not limited to, water, gas, sanitary sewer, storm drains and underground telephone, electric and cable television/communications shall be filed with the highway and facilities maintenance division 15 days in advance of the anticipated start date for construction.
(b)
The town reserves the right to approve of the final layout/location of all utility extensions.
(c)
The permittee shall place color-coded marking tape at least 18 inches below the final street grade, with such tape being at least one foot above all underground utility lines except for sanitary sewers and storm drains running in straight lines between surface catchbasins, drop inlets or manholes. The tape shall be durable nondegradable plastic, not less than two inches wide by 0.004 inches thick and in the following colors for the particular underground utility:
(1)
Blue—Water.
(2)
Red—Electric.
(3)
Yellow—Gas.
(4)
Orange—Telephone.
(5)
Green—Sewer.
(Code 1986, § 17-62)
Cross reference— Utilities, ch. 78.
Sec. 66-69. - Prompt completion of work.#
The permittee shall prosecute with diligence and expedition all construction work covered by the permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, as soon as practicable and in any event not later than the date specified in the permit. Once physically started, such construction work shall continue until completed. If a project should become idle for more than five working days without cause, then the permit shall expire, and a new permit and fee shall be required.
(Code 1986, § 17-63)
Sec. 66-70. - Permit duration.#
Should a permit be issued for construction work and should such work not commence within 30 days of the date of issuance, then the permit shall expire and a new permit and fee shall be required.
(Code 1986, § 17-64)
Sec. 66-71. - Notification.#
(a)
As a condition of the issuance of a permit required under this chapter, advance notification in writing shall be provided in accordance with the following conditions:
(1)
Notification required under this section shall be the responsibility of and shall be made by the permit holder in the form of either first class mail, or by individual door hanger-style notices. Said notification shall be made not less than 24 hours prior to the first instance of actual work within the affected right-of-way.
(2)
The notification area shall include, at a minimum, all developed properties on the affected street (defined herein as the street for which the permit is issued), and all properties on abutting streets whose sole means of egress and access is the affected street.
(3)
Said notification will be required for all utility main extensions, replacements, improvements, new construction, or repairs that require road excavation work, but shall not be required for non-excavation activities such as utility pole work, or individual service connection work by a utility company.
(4)
The cost of notification shall be borne by the permit holder.
(5)
A copy of the notification form to be delivered to the affected property owners shall be provided to the department of public works for review and approval prior to the required general delivery.
(6)
The notification form shall include, but not be limited to, the name of the permit holder and any subcontractors that may be working on the site, routine and 24-hour emergency contact information, a description of the scope of the work, the anticipated duration of the work, and the town permit number.
(Ch. 911, § 1, 6-15-2009)
Secs. 66-72—66-85. - Reserved.#
DIVISION 4. - REGULATIONS#
Sec. 66-86. - Urgent work.#
If in his judgement traffic conditions, the safety or convenience of the traveling public or the public interest require that the construction work be performed as emergency work, the highway and facilities manager shall have full power to order, at the time the permit is granted, that adequate personnel and equipment be employed by the permittee 24 hours a day such that such construction work may be completed as soon as possible.
(Code 1986, § 17-65)
Sec. 66-87. - Noise, dust and debris.#
(a)
Each permittee shall conduct and carry out the construction work in such manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property.
(b)
The permittee shall take appropriate measures to reduce to the fullest extent practicable in the performance of the construction work, noise, dust and unsightly debris and during the hours of 9:00 p.m. and 7:00 a.m. shall not use, except with the express written permission of the highway and facilities manager or in case of an emergency as otherwise provided in this division, any tool, appliance or equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property.
(Code 1986, § 17-66)
Cross reference— Noise, § 22-41 et seq.
Sec. 66-88. - Routing of traffic.#
(a)
The permittee shall take appropriate measures to ensure that during the performance of the construction work traffic conditions as nearly normal as practicable shall be maintained at all times so as to cause as little inconvenience as possible to the occupants of the abutting property and to the general public. The highway and facilities manager may permit the closing of streets to all traffic for a period of time prescribed by him if, in his opinion, it is necessary. The permittee shall route and control traffic including its own vehicles as directed by the police department. The following steps shall be taken before any highway may be closed or restricted to traffic:
(1)
The permittee must receive the approval of the highway and facilities manager and the police department therefor.
(2)
The permittee must notify the chief of the fire department of any street so closed.
(3)
Upon completion of construction work the permittee shall notify the highway and facilities manager and the police department before traffic is moved back to its normal flow so that any necessary adjustments may be made.
(4)
Where special police officers are deemed necessary by the highway and facilities manager, they shall be furnished by the police chief and paid by the permittee at his own expense at the hourly rate established for assignment of special police officers.
(b)
Through traffic shall be maintained without the aid of detours if possible. In instances in which this would not be feasible, the highway and facilities division will designate detours. In case there are no existing highways, the permittee shall construct all detours at his expense and in conformity with the specifications of the town.
(c)
The permittee will be responsible for any damage caused to any highways by the operation of his equipment.
(d)
The permittee shall erect and maintain suitable barriers to confine earth from trenches or other excavations in order to encroach upon highways as little as possible. The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections.
(Code 1986, § 17-67)
Cross reference— Traffic and vehicles, ch. 74.
Sec. 66-89. - Excavations prohibited in new streets.#
(a)
Whenever the town prepares to pave or repave a street, a notice stating the same shall be published in a local newspaper at least 30 days prior to the actual work beginning. Such notice shall state that no permits shall be issued for openings, cuts or excavations for a period of three years after the completion of such construction. The town shall also mail such notice to each public or private utility company or agency currently providing service within the town. Whenever the town prepares to accept a newly paved or repaved street from a private party, the same notice procedure shall apply, at the expense of such private party.
(b)
Within such 30-day period every public or private utility company receiving notice, as prescribed in this section, shall perform such excavation work, subject to the provisions of this article, as may be necessary to install or repair sewers, mains, conduits or other utility installations. If any owner of real property abutting the street shall fail within such 30 days to perform such excavation as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in the street shall be forfeited for a period of three years from the completion date of the paving or repaving. During such three-year period no permit shall be issued to open, cut or excavate in the street unless, in the judgment of the town, an emergency as described in this article exists which makes it absolutely essential that the permit be issued.
(Code 1986, § 17-68)
Sec. 66-90. - Patching; paving; restoration of surface.#
(a)
In general, the permittee shall restore any and all street surfaces that have been disturbed or damaged as a result of his construction work to the original or better condition as determined by the town and in accordance with the specifications developed by the town. Notwithstanding the above, the town reserves the right to order such temporary measures as are deemed necessary in order to maintain an acceptable level of service for the street in question during construction.
(b)
For longitudinal cuts performed on a paved street within five years from the date of such street being last paved, the following shall apply:
(1)
A temporary patch shall be applied and maintained for a 30-day period.
(2)
Immediately following the period referenced above, a permanent patch shall be applied and maintained for a 30-day period.
(3)
Immediately following the period referenced in subsection (b) of this section, a curb to curb resurfacing shall be applied, extending a minimum of ten feet beyond each end of the original trench. The town will set standards for pitch, crown, type and amount of base, degree of surface treatment, and final elevation for each such case in order to ensure consistency with the undisturbed remainder of the street.
(c)
For longitudinal cuts performed on a paved street that has not been paved for at least five years, the following shall apply:
(1)
A temporary patch shall be applied and maintained for a 30-day period.
(2)
Immediately following the period referenced in subsection (c)(1) of this section, a permanent patch shall be applied and maintained for a 30-day period.
(3)
Immediately following the period referenced in subsection (c)(1) of this section, a resurfacing shall be performed, from the edge of the trench, plus one foot, across the trench width to the closest curbline. Such resurfacing shall extend a minimum of ten feet beyond each end of the original trench. The town will set standards for pitch, crown, type and amount of base, degree of surface treatment, and final elevation for each such case in order to ensure consistency with the undisturbed remainder of the street.
(4)
Within six months, but no later than two years from the last date above, all edges of the permanent patch shall be crack sealed.
(d)
For horizontal cuts performed on a paved street within 15 years from such street being paved, the following shall apply:
(1)
A temporary patch shall be applied and maintained for a 30-day period.
(2)
Immediately following such 30-day period, a permanent patch shall be applied and maintained for a 30-day period.
(3)
Immediately following the 30-day period, an infrared patching process shall be applied to the trench area, plus one foot on either side.
(e)
For horizontal cuts performed on a paved street that has not been paved within 15 years, the following shall apply:
(1)
A temporary patch shall be applied and maintained for a 30-day period.
(2)
Immediately following the 30-day period, a permanent patch shall be applied and maintained for a 30-day period.
(3)
Within six months, but no later than two years from the last date above, all edges of the permanent patch shall be crack sealed.
(f)
All cuts made at an angle of 45 degrees or less off the street centerline shall be considered longitudinal. In areas where both longitudinal and horizontal cuts are made, the procedures for restoring longitudinal cuts shall govern the entire affected area.
(g)
Acceptance or approval of any construction work by the town shall not prevent the town from asserting a claim against the permittee and his surety for incomplete or defective work discovered within 24 months from the completion of the construction work. The presence of the town during the performance of any construction work shall not relieve the permittee of his responsibilities required by this article.
(Code 1986, § 17-69)
Sec. 66-91. - Town's right to restore surface.#
(a)
If the permittee shall have failed to restore the surface of the street to its original and proper condition upon the expiration of the time fixed by such permit, or shall otherwise have failed to complete the construction work covered by such permit, the highway and facilities manager, if he deems it advisable, shall have the right to do all work necessary to restore the street and complete the construction work.
(b)
The permittee shall be liable for the actual cost, plus 25 percent of such cost, in addition for general overhead and administrative expenses. The town shall have a cause for action for all fees, expenses and amounts paid out and due it for such work and shall apply in payment of the amount due it any funds of the permittee deposited as provided in this division. The town shall also enforce its rights under the permittee's surety provided pursuant to this article.
(c)
It shall be the duty of the permittee to guarantee and maintain the site of the construction work in the same or better condition that it was prior to the construction for two years after restoring it to its original condition as approved by the town.
(Code 1986, § 17-70)
Sec. 66-92. - Clearance for fire equipment.#
Construction work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or firefighting equipment shall be kept free of piles of material or other obstructions.
(Code 1986, § 17-71)
Cross reference— Fire prevention and protection, ch. 26.
Sec. 66-93. - Removal and protection of utilities.#
(a)
The permittee shall not interfere with any existing utility without the written consent of the utility company or person owning the utility. If it becomes necessary to remove or relocate an existing utility, such work shall be done by its owner, or by the permittee with written consent of the owner. No utility owned by the town shall be moved to accommodate the permittee unless the cost of such work is done by the permittee. The cost of moving privately owned utilities shall be similarly borne by the permittee unless he made other arrangements with the utility owners.
(b)
The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the construction work, and do everything necessary to support, sustain and protect them under, over, along or across such work. In case any pipes, conduits, poles, wires or apparatus should be damaged, they shall be repaired by the agency or person owning them, and the expense of the repairs shall be charged to the permittee, and his surety shall be liable therefor.
(c)
The permittee shall be responsible for any damage done to any public or private property by reason of the breaking of any water pipes, sewer, gas pipe, electric conduit or other utility and his surety shall be liable therefor. The permittee shall inform himself as to the existence and location of all underground utilities and protect the utilities against damage.
(Code 1986, § 17-72)
Cross reference— Utilities, ch. 78.
Sec. 66-94. - Protection of adjoining property.#
The permittee shall at all times and at his own expense preserve and protect from injury any adjoining property and all buildings, walls, fences and/or other property likely to be damaged during the construction work by providing bracing, shoring, foundations, and/or other supports. The permittee shall further be responsible for all damage done to public or private property resulting from the construction work and/or his failure to protect such property.
(Code 1986, § 17-73)
Sec. 66-95. - Lights, barriers, traffic control devices around site.#
(a)
The permittee shall erect such fences, railings or barriers about the site of the construction work as necessary to prevent danger to persons using the town streets or sidewalks. Such protective barriers shall be maintained until the work is completed or the danger removed.
(b)
The permittee shall also use traffic controls for street and highway construction and maintenance operations in accordance with the latest edition of the Manual on Uniform Traffic Control Devices, as issued by the United States Department of Transportation, Federal Highway Administration.
(c)
At twilight there shall be placed upon such place of construction and upon any excavated materials or structures or other obstructions to streets suitable and sufficient flashing lights during the maintenance of such obstructions. It shall be unlawful for anyone to remove or tear down the fences or railings or other protective barriers or any lights provided there for the protection of the public.
(Code 1986, § 17-74)
Sec. 66-96. - Cleanup.#
(a)
As the construction work progresses, all streets and private properties shall be thoroughly cleaned of all rubbish, excess earth, rock and other debris resulting from such work. All cleanup operations at the location of such construction shall be accomplished at the expense of the permittee and shall be completed to the satisfaction of the highway and facilities manager.
(b)
From time to time, as may be ordered by the highway and facilities manager, and in any event immediately after the completion of such work, the permittee shall at his own expense clean up and remove all refuse and unused materials of any kind resulting from such work. Upon failure to do so within 24 hours after having been notified to do so by the highway and facilities manager, such work may be done by the town, and the cost charged to the permittee. The permittee shall also be liable for the cost under the surety required under the provisions of this article.
(Code 1986, § 17-75)
Sec. 66-97. - Care of excavated material.#
(a)
All material excavated from trenches and piled adjacent to the trench or in any street shall be piled and maintained in such manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using streets and adjoining property.
(b)
Where the confines of the area being excavated are too narrow to permit the piling of excavated material beside the trench, such as might be the case in a narrow alley, the highway and facilities manger shall have the authority to require that the permittee haul the excavated material to a storage site and then rehaul it to the trench site at the time of backfilling. It shall be the permittee's responsibility to secure the necessary permission and make all necessary arrangements for all required storage and disposal sites.
(Code 1986, § 17-76)
Sec. 66-98. - Damage to existing improvements.#
All damage done to existing improvements during the progress of the construction work shall be repaired by the permittee. Materials and construction methods for such repair shall conform to the requirements of the town. If upon being ordered the permittee fails to furnish the necessary labor and materials for such repairs, the highway and facilities manager shall have the authority to cause the necessary labor and materials to be furnished by the town and the cost shall be charged against the permittee, and the permittee shall also be liable on his surety therefor.
(Code 1986, § 17-77)
Sec. 66-99. - Property lines and easements.#
Property lines and limits of easements shall be indicated on the construction plan submitted with the application for the permit and it shall be the permittee's responsibility to confine the construction work within these limits.
(Code 1986, § 17-78)
Sec. 66-100. - Protection of watercourses.#
(a)
The permittee shall provide for the flow of all watercourses, sewers or drains intercepted during the construction work and shall replace the same in as good condition as he found them or shall make such provisions for them as the town may direct.
(b)
The permittee shall not obstruct the gutter of any street but shall use all proper measures to provide for the free passage of surface water.
(c)
The permittee shall make provision to take care of all surplus water, muck, silt or other runoff pumped from construction areas resulting from sluicing or other operations, and shall be responsible for any damage resulting from his failure to provide the same.
(Code 1986, § 17-79)
Sec. 66-101. - Preservations of monuments.#
The permittee shall not disturb any surface monuments or hubs found on the line of construction work unless authorized to do so by the town. The permittee shall be responsible for transferring or resetting any such monuments or hubs that are in conflict with the proposed construction work.
(Code 1986, § 17-80)
Sec. 66-102. - Inspections.#
The town shall make such inspections as are reasonably necessary in the enforcement of this article. Any deficiency found during such inspection shall be corrected within ten days of notification. Notwithstanding the above, should the town determine that the deficiency constitutes a threat to public health and/or safety, the town reserves the right to order the permittee to correct the deficiency immediately. The town further reserves the right to correct the deficiency itself and assess the cost of same as provided for in section 66-90, and may also revoke the permit at its discretion. The town shall have the authority to promulgate and cause to be enforced such rules and regulations as may be necessary to enforce and carry out the intent of this article.
(Code 1986, § 17-81)
Sec. 66-103. - Maintain drawings.#
Users of subsurface street space shall maintain accurate drawings, plans and profiles showing the location and character of all underground structures, including abandoned installations. Corrected maps shall be filed with the town engineer within 45 days after new installations, changes or replacements are made.
(Code 1986, § 17-82)
Sec. 66-104. - Cost recovery.#
The town reserves the right to assess charges against a permit holder or an entity found performing work within a public right-of-way or town utility easement inconsistent with provisions of this chapter, to recover its actual costs, plus a reasonable administrative fee for emergency response, traffic control, and other health, safety, and public welfare activities deemed necessary by the town and as a result of the work of the permit holder or entity as described herein.
(Ch. 911, § 2, 6-15-2009)
Secs. 66-105—66-114. - Reserved.#
DIVISION 5. - ABANDONMENT OF STREET AND ROADWAY RIGHTS-OF-WAY#
Sec. 66-115. - Policy and procedures for street/highway/driftway abandonment and sale of same to abutting owner(s).#
Any person, firm, corporation or other entity who petitions the town as an abutter to abandon a street, highway or driftway or any part of either as pursuant to Rhode Island General Laws Section 24-6-1 et seq., must pay the market value of the highway or driftway as determined by the appraisal methodology described in section (2)a.2. below of this Code. (1)
Application and referral. Any applicant seeking abandonment of a town-owned highway or driftway shall submit their request to the town council through the town clerks office. All petitions to the town council requesting the abandonment of a constructed or non-constructed public highway or driftway shall follow the following procedures:
(2)
Abandonment procedures.
a.
The applicant shall submit the petition and a $400.00 filing fee for abandonment of property including:
1.
A survey and legal description of the property of the land to be abandoned and a survey of the property of the premises of the applicant illustrating the present and proposed property lines. Said survey shall be performed by a RI licensed land surveyor, as defined by Title 5, Chapter 8.1, of the General Laws of the state of Rhode Island, 1956, (as amended).
2.
A market appraisal shall be conducted by a RI licensed real estate appraiser selected by the town. Once an appraiser is selected and the cost determined the applicant shall submit an additional fee to the town of the cost of the appraisal in advance of the work being completed. Said appraisal shall include the following:
i.
The market value of the property to be abandoned if the petition for the abandonment were granted and if said lot shall exist as a single existing buildable lot under the current building and zoning codes of the town, OR
ii.
The market value of the property to be abandoned along with the market value of the abutting property if the two parcels are to be merged to create a single existing lot.
3.
After receiving a complete application from the applicant and the appraisal from the chosen vendor, the town clerk shall refer the application to the planning board for review and recommendation.
4.
Community development staff will review the site and coordinate analysis and commentary by other pertinent departments into a report for planning board review.
The matter then shall be docketed in the town council agenda for a public hearing and decision. Should the town council grant the petition for abandonment and all other applicable approvals be granted petitioner shall pay market value of the land being petitioned on a square foot basis pursuant to subsections (2)a.2.i. and (2)a.2.ii. above, whichever is higher.
b.
In lieu of the foregoing, when the petitioner asserts by affidavit, under oath, subject to the penalties of perjury, that it is not his or her intent or desire to develop the subject property, and that the market value of the subject property is so low that the cost of the written appraisal or appraisals required above is not justified, and further when said affidavit is supported by a duly licensed real estate broker's written opinion of value as to the subject property's fair market value, then said petitioner may request waiver of this step. Should the town clerk, with assistance of the town solicitor concur with the waiver request, then the applicant shall not be required to submit the appraisal or appraisals required above however, the town council then may only grant the petition if the transfer of ownership instrument includes a restrictive covenant which shall prohibit development of the property without the approval of the town council.
c.
If, when the petitioner is an agency of a municipal corporation, said petitioner shall be exempt from this section. Moreover, whenever the town council deems it to be in the best interests of the town, it may waive any or all of the requirements set forth above in this section.
d.
Upon the town council's granting the petition for abandonment, and all other approvals be granted, petitioner shall pay market value of the land being petitioned on a square foot basis pursuant to subsections (2)a.2.i. and (2)a.2.ii. above, whichever is higher.
e.
Following successful completion of a highway or driftway abandonment, the applicant shall submit an administrative subdivision to the planning board or administrative officer for approval as required under Rhode Island General Laws Section 45-23 et seq.
f.
If any provision herein shall be deemed contrary to any existing ordinance of the town, or law of the state of Rhode Island or the United States by a court of competent jurisdiction, all other provisions shall remain in full force and effect.
(Ch. 1131, § 2, 10-7-2024)