ARTICLE XII. - PUBLIC IMPROVEMENTS AND GUARANTEE OF PERFORMANCE
Part of the Code of Ordinances of Tiverton, RI.
The text
Sec. 23-126. - Definition and purpose.#
a.
An improvement guarantee is a security instrument accepted by the town to ensure that all improvements, facilities or work required under these regulations, or as a condition of approval of a land development or subdivision plan by the planning board, will be completed in compliance with the approved plans and specifications. The term "improvements" as used herein may be public improvements, as well as private or other improvements required under these regulations. Only those improvements designated as public will the town ultimately accept for ownership and maintenance responsibility.
b.
An improvement guarantee shall consist of three parts, the legal agreement binding the developer to perform the required improvements, the construction surety, which is money or security the developer puts up to guarantee the agreement, and the maintenance surety, which is funding provided to the town for use in performing maintenance of storm water control facilities that may or may not be ultimately accepted by the town for ownership.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-127. - Dedication of land for public purposes.#
a.
Approval and/or recording of all final plans and plats shall be deemed that the street or other public areas are dedicated to the public. It shall not, however, impose any duty upon the town to maintain or improve such dedicated area until the town council shall have authorized maintenance or improvement of the same by a majority vote to accept such dedicated area.
b.
Land which is required for streets and other public areas shall be conveyed to the town by a deed of conveyance, concurrently with the recording of the final plan/plat, or otherwise following final approval of the development plan, and prior to acceptance of any such street or other public improvement for maintenance by the town council.
c.
Where it is in the best interest of the town, and with the concurrence of the town council, a developer may dedicate land for open space, recreational or other such purposes. Responsibility for the future maintenance of such land shall be approved by the town council prior to the final approval of the development or subdivision plan by the planning board. Such areas shall be delineated in the deed of conveyance and recorded concurrent with the final plat.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-128. - Easements.#
The planning board will require the dedication of easements required for the present or future installation and maintenance of utilities, sanitary sewers, surface drainage structures, streams and public accessways. Such easements shall generally be required to have a minimum width of twenty (20) feet, but may be greater or lesser as required by the planning board.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-129. - Streets.#
a.
Road systems shall be designed to permit the safe, efficient and orderly movement of traffic; to meet, but not exceed the needs of the present and future population served; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape.
b.
Street layout shall be considered in relation to the existing street system, and shall conform to the applicable provisions of the Tiverton Comprehensive Plan.
c.
Names of proposed streets shall be substantially different from any existing street name in the town. Proposed streets may, where appropriate, be named in a manner to reflect the town's rural, natural, maritime, historic, ethnic and/or cultural heritage. An extension of an existing street may have the same name as the existing street. The names of all proposed streets and street extensions, however, shall be approved in writing by the fire chief.
d.
Reservation of strips of land controlling access to a street will not be permitted.
e.
Where existing or future traffic patterns, safety considerations or physical conditions dictate, street intersections shall coincide precisely with, or be offset by at least one hundred and fifty (150) feet on centerlines.
f.
Streets shall intersect as nearly as practicable at right angles; no intersection shall have an angle of less than seventy (70) degrees.
g.
The following major categories of street classification are established as defined in section 23-5 of these regulations: arterial, collector and local.
h.
Geometric design requirements. Geometric design standards according to street type are as follows:
Local Collecto Arterial
Minimum grade 1% 1% 1%
Maximum grade 12%* 10% 7%
Maximum grade of turnaround 4% 4% 4%
Right-of-way width 40 feet 50 feet 60 feet**
Pavement width 22 feet 25 feet 32 feet**
ROW intersection radii 20 feet 30 feet 35 feet
Centerline radii 150 feet 150 feet 200 feet
Reverse curves/intermediate tangent 50 feet 50 feet 75 feet
Curve to intersection/intermediate tangent 100 feet 100 feet 125 feet
Pavement radii 37.5 feet 37.5 feet 39 feet
*
The planning board may allow steeper grades on a case-by-case basis, if the developer can justify design constraints.
**
The planning board may require greater widths, due to concerns with traffic density and safety.
i.
Notwithstanding the standards in subsection h. above, when a local street intersects with a collector or arterial street, the maximum grade of the local street may not exceed one percent (1%) for a distance of fifty (50) feet from the center of the intersection with such collector or arterial street.
j.
Dead-end streets shall have at their closed end a turnaround with a minimum outside curb radius of forty (40) feet and a right-of-way radius of fifty (50) feet.
k.
Street access to adjoining property (stub streets).
(1)
The planning board may require a stub street, i.e., an extension of a street right-of-way to the property line of an adjacent parcel to provide for future development. Unless required for lot frontage, street stubs will not be improved. In applying this regulation, no lot shall be denied full frontage pavement on at least one side, and any street portion to be left unimproved shall be clearly delineated on the plan.
(2)
Where an improved stub street is required, the board may require a temporary turnaround or "tee" until such time as the adjacent tract is developed and the street is extended. The minimum dimensions for a tee turnaround shall be twenty (20) feet by sixty (60) feet.
(3)
The future developer of adjacent property shall make all required improvements according to design standards in effect [at] the time the adjacent property is developed.
l.
Streets shall be constructed in accordance with the specifications contained in the appendix. A typical street cross section is shown in figure 1. Unless otherwise authorized by the planning board, pavement shall be centered within the right-of-way and shown accordingly on all plans.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-130. - Street signs and streetlights.#
a.
Street signs. Street signs, with the approved street name, and any other signs as required by the planning board (directional or informational), shall be installed by the developer immediately after grading and preparation of the subbase for the street (see appendix). Street signs shall be of the size, type and number specified by the director of public works.
b.
Streetlights. The planning board, acting with a recommendation from the chief of police and the director of public works, shall determine if a proposed development or subdivision requires streetlights. When required, the applicant shall present a plan for their installation, following consultation with the chief of police and the director of public works. The planning board shall review the plan and make a determination as to the number and placement of streetlights. Until the town council accepts all streets in the development, the costs to install, maintain and operate the streetlights shall be the responsibility of the developer. The developer shall prepay the town an amount comprised of these expenses, including an estimated utility bill for 18 months, or longer, to be deposited by the town clerk in an escrow account. The planning board may also make recommendations to the town council for the installation of streetlights in existing developments and along town-accepted streets.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-131. - Sidewalks, pedestrian ways, bicycle paths and driveways.#
a.
Generally. Sidewalks and pedestrian ways shall be located as required for safety. Where required, walks shall be placed parallel to the street, with exceptions permitted to preserve natural features or to provide visual interest. In rural residential developments and land development projects, walks may be placed away from the road system with the permission of the planning board. Sidewalks and pedestrian ways shall be constructed in accordance with the specifications contained in appendix A, construction specifications.
b.
Sidewalks. Sidewalks shall be provided as required by the planning board. When required, they shall be installed on one side of the road only, be a minimum of four (4) feet in width and separated from the roadway by a vegetated strip as detailed in figure 1 [following section 23-57]. The criteria used by the planning board in determining the need for sidewalks includes the following:
(1)
The subdivision is located within an area within one mile of a public or private school;
(2)
The subdivision is located in reasonable proximity to major public or private facilities such as churches, shopping areas, playgrounds, etc., where there is a reasonable likelihood that pedestrian traffic would result; or
(3)
The subdivision is located within an area with high vehicular traffic volumes and/or high-density residential development where there would be a likelihood of significant danger to pedestrians.
c.
Pedestrian rights-of-way. The planning board may also require provisions for pedestrian rights-of-way, where it is deemed appropriate to the design of a development. All such rights-of-way shall be ten (10) feet in width and the board may require that such pedestrian ways be paved where it is deemed to be in the public interest.
d.
Bicycle paths. Bicycle paths shall be incorporated into the proposed development or subdivision where necessary to extend an existing bicycle path; to intersect with proposed state bicycle facilities; to connect adjacent developments where vehicular connections would be impractical; or where adjacent or nearby schools, recreation areas or other similar facilities would be likely to generate significant bicycle traffic.
e.
Driveways. Driveways which access development streets and/or which are to become town accepted streets, shall be constructed and paved in accordance with the specifications for street construction in Appendix A for either a minimum length of eight (8) feet or for that portion within the town street right-of-way. Prior to the start of any such construction, approval of the design shall be obtained from the director of public works.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-132. - Blocks and lots.#
a.
In residential subdivisions with substantially parallel streets, blocks shall not be greater than one-fourth mile in length nor consist of more than eight lots in length.
b.
In general, the side lines of lots should be perpendicular to the street.
c.
All lots shall front on an accepted street, or street approved by the planning board.
d.
All lots shall be designed so as to contain the minimum land area required by the town zoning ordinance exclusive of land unsuitable for development as defined in section 23-54. The suitable land area of each lot must be at least sixty-five percent (65%) contiguous, and of a configuration so as to meet all setback requirements of the zoning ordinance.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-133. - Water service.#
a.
Where water is available either at the property line or across the street from a development, water mains, with hydrants, valves and other fittings, shall be constructed and installed within the development as necessary to provide all lots/areas therein with adequate water supply for domestic and fire protection uses, according to the construction standards and specifications of the applicable water/fire district.
b.
Where the development adjoins undeveloped property, provisions shall be made for the proper projections of the system by continuing appropriate water mains to the exterior boundaries of the development, at such size and grade as will allow for these projections, except, however, that the extension of water mains will not be required where the distance of such extension would be ten (10) feet or greater outside of any proposed paved area.
c.
Service connections shall be provided to each lot/area shown on the approved final plan, unless there is specific approval from the appropriate water/fire district to deviate from this requirement due to unusual topographic or technical difficulties.
d.
The water system shall be laid out to the satisfaction of the planning board and the respective water/fire district. In general, water lines shall be installed within the northerly and easterly shoulders of the proposed street, unless the developer can justify otherwise due to conflict with other utilities. In residential areas, hydrants shall be installed at a spacing not to exceed five hundred (500) feet of vehicular travel distance and as close to a dividing lot line (if a subdivision) as possible. In commercial and industrial areas, hydrants shall be at a spacing not to exceed three hundred (300) feet of vehicular travel distance. In addition, no residential structure shall be more than five hundred (500) feet, and no commercial or industrial structure shall be more than three hundred (300) feet, from at least one hydrant. The proposed locations of fire hydrants and available fire flows shall be submitted to the fire chief for approval. The adequacy of the installed water system for domestic and firefighting needs shall be confirmed by hydrant pressure and flow tests under demand conditions.
e.
Cisterns. In the event the planning board, after careful deliberation and considering all relevant factors before it, resolves that a proposed subdivision or land development cannot connect to a public water supply, then the proposed subdivision or land development shall provide underground water cisterns for fire protection purposes to be approved in writing by the Tiverton Fire Chief or his/her designee, in conformance with the following minimum requirement:
Number of Lots/Units Number of Cisterns
Less than three 0
Three to five 1
Six to ten 2
Eleven or more To be determined by the fire chief
The size and location of the cistern(s) shall be determined by the fire chief or his/her designee prior to preliminary plan approval of the subdivision or land development. Cisterns shall not be located within the public right-of-way.
Repairs to and maintenance of approved tanks will not be the responsibility of the Tiverton Fire Department or the Town of Tiverton. All repairs shall be the responsibility of the homeowner's association of that subdivision or land development, or other legal entity as described in the final plan decision and/or other recorded legal documents.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-134. - Utilities service.#
All electrical, gas, telephone and other utility mains, including service connections, shall be constructed and installed within the development as necessary to provide all lots or development sites therein adequate supply for domestic or other use. Each utility system shall be laid out to the satisfaction of the planning board and the respective utility. The planning board may require underground utilities. The installation of these systems, including the method of construction and the material used, shall conform to the current standard specifications of the respective utility and those contained in applicable state codes or laws.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-135. - Off-site improvements.#
a.
As a condition of final approval, the planning board may require a developer to construct reasonable and necessary improvements located off of the proposed land being developed or subdivided. Such improvements are those clearly and substantially related to the land development or subdivision being proposed, and are necessary to mitigate the impacts which are attributable to the proposed development.
b.
Off-site improvements may include, but are not limited to, the following:
(1)
Sanitary sewers;
(2)
Water supply systems;
(3)
Drainage systems;
(4)
Roadways; and
(5)
Sidewalks.
c.
The planning board shall provide in its resolution of final approval the basis for requiring such off-site improvements. The mitigation required as a condition of approval must be related to the significance of the identified impact. All required off-site improvements must reflect the character defined for the neighborhood or district by the Tiverton Comprehensive Plan.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-136. - Additional requirements.#
The developer shall, at his own expense, construct the following improvements as required by the planning board and according to the specifications of the director of public works or town engineer. a.
Curbs. Curbs shall be provided as required by the planning board. As a general rule curbing will be discouraged in low density areas as it tends to concentrate stormwater runoff. When required, curbing in residential areas shall be Cape Cod berm. Curbing in commercial or industrial areas shall be either granite, precast concrete or Cape Cod berm. The type and minimum height of the curbing shall be as directed by the planning board, with a recommendation by the director of public works or town engineer.
b.
Guardrails. Guardrails may be required by the planning board where there are hazards such as a drop-off with a slope greater than fifty percent (50%), water bodies adjacent to the shoulder, or other hazardous conditions. Wooden guardrails meeting the current construction and safety standards are preferred, particularly in low density developments.
c.
Monuments. Monuments meeting the specifications of the Rhode Island Society of Professional Land Surveyors Procedural and Technical Standards shall be placed where angles are turned in the survey, at street line intersections, at bearings and distances of chords where curves are involved, and at such other locations as the planning board may designate. All monuments shall be set flush with the finished grade. Granite or concrete monuments may be required by the planning board.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-137. - Improvement guarantee requirements.#
a.
Prior to the approval of any land development or subdivision plan by the planning board, and prior to the recording of any subdivision plats, the planning board shall approve agreements with the developer for the completion of all required improvements. Such agreements shall take the form of one of the following:
(1)
Completion of actual construction of all improvements without improvement guarantees;
(2)
Improvement guarantees; or
(3)
A combination thereof.
b.
Where improvements are constructed without a financial guarantee, the work is to be completed prior to final approval of the development or subdivision plan. All construction shall be inspected and approved according to the procedures contained in section 23-72 and shall follow the time periods specified in section 23-74. Following certification in writing of the final completion of all improvements by the director of public works, or the town engineer, and the receipt of letters from the appropriate water/fire district and other relevant utility companies stating that all constructed improvements are satisfactory, the final plat shall be approved by the planning board. The board shall then recommend to the Tiverton Town Council that all public improvements be accepted by the town. Upon such acceptance by the town council, the final plat may be recorded as provided in section 23-90, at which time the lots within the development may be transferred or sold.
c.
In the cases of developments which are being approved and constructed in phases, the planning board shall specify improvement guarantee requirements related to each phase.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-138. - Procedure for setting and use of improvement guarantees.#
a.
Construction improvement guarantees shall be in an amount and with all necessary conditions to secure for the town the actual construction and complete installation of all required improvements within three years. The amount shall be based on cost estimates for the required public improvements, as provided in writing from the director of public works, or the town engineer, to the planning board. The board may fix the guarantee in a reasonable amount in excess of the estimated costs to anticipate future economic or construction conditions.
b.
The construction surety shall be in the form of a certified check, bank book or letter of credit payable to the Town of Tiverton. Said check, bank book or letter of credit will be availed of by the town in the event of default by the developer and shall be held by the town until release by the planning board.
c.
The administrative officer, in coordination with the director of public works or town engineer, shall be responsible for monitoring the status of all ongoing development with regard to their construction, inspection and performance guarantee status, and will advise the planning board appropriately.
d.
The Town of Tiverton shall hold the developer and construction surety in default of guarantee should one or more of the following occur:
(1)
Failure to meet all specifications for construction of required improvements to the land;
(2)
Failure to properly notify the director of public works or town engineer of the initiation and completion of all phases of construction of required improvements to the land, or to obtain the necessary inspections of these improvements as required in section 23-72;
(3)
Failure to protect existing improvements and/or properly repair such improvements should damage occur during construction;
(4)
Failure to clean debris from the site and adjacent areas upon completion of the construction; or
(5)
Failure to complete required improvements to the land within the time prescribed, or within any extension granted by the planning board.
e.
Upon notification of default by the director of public works or town engineer, the planning board shall take appropriate action against that portion of the construction surety necessary to correct the deficiencies for which the developer is deemed to be in default and shall cause the required improvements to be completed in a satisfactory manner.
f.
The maintenance surety shall be in an amount sufficient to perform inspection and maintenance consistent with the procedures contained in section 23-72, for a period of time as deemed appropriate by the planning board, but not to exceed five years. The maintenance surety shall be in the form of a certified check, bank book or letter of credit payable to the town. The town shall have sole control over the funds thereafter for use in executing the maintenance of stormwater control facilities.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-139. - Inspection of improvements.#
a.
One complete set of all construction plans, profiles, cross sections or other working drawings of required improvements to the land shall be submitted to the director of public works or town engineer prior to the start of any construction; these plans shall consist of either the final plans approved by the planning board or plans approved by the board for construction.
b.
Within 48 hours of the commencement of the construction of required improvements, the director of public works, or the town engineer, shall be so notified by certified mail. A copy of the letter shall also be sent to the planning board. The director of public works or the town engineer shall be further notified verbally at the following construction phases:
(1)
Upon completion of clearing, grubbing, and excavation, but prior to placement of any suitable fill to reach subgrade;
(2)
Upon completion of the installation of the underground utilities and drainage, but prior to backfilling;
(3)
Prior to the installation of gravel on the subgrade for streets and sidewalks;
(4)
Upon completion of the gravel base for streets and sidewalks at two stages: the placement of the bank run gravel, and the placement of the crushed gravel;
(5)
Prior to the initiation of each application of bituminous concrete, [and] the pouring of concrete in sidewalks;
(6)
Prior to placement of curbing; and
(7)
At such time as materials and other items of work are ready for inspection such as the installation of bounds, loam and seeding, general cleanup or other items pertaining to the development.
c.
Upon completion of the required improvements, the developer shall notify the director of public works, or the town engineer, who shall conduct a detailed inspection of the completed work. Upon determining that the improvements have been completed in a satisfactory manner, the director or town engineer shall prepare a written report to be transmitted to the planning board stating that such improvements have been constructed or installed.
d.
Improvements initiated prior to planning board approval shall be at the risk of the applicant/developer.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-140. - Submission of as-built drawings.#
Upon the completion of construction and the installation of all required improvements to the land, with the exception of the topcoat for all roads, the developer shall furnish two complete sets of as-built drawings of such improvements, one to the director of public works and one to the planning board. All as-built drawings shall contain the information specified in Checklist M - As-Built Drawings and shall be signed by a registered land surveyor and a registered professional engineer. Upon the final completion of all construction, the developer shall ensure that the as-built drawings are current and on file at the offices of the planning board and the director of public works.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-141. - Acceptance of improvements and release of surety.#
a.
Upon the completion of all required improvements with the exception of the topcoat for all roads, and the submittal of the written report by the director of public works or town engineer to the planning board, the developer shall be eligible for a portion of the surety. The amount to be released shall be based upon a cost estimate of the remaining work prepared by the director of public works or town engineer; said estimate shall be doubled in value and this amount of the original surety retained. After a minimum period of one year, which shall include one continuous winter season, the developer shall install the topcoat under the proper notification and inspection procedures described herein.
b.
Upon inspection and approval of the construction of the topcoat and all other improvements by the director of public works or town engineer, and receipt of the written report by the planning board, the board shall notify the developer that he will be eligible for the release of the remaining surety after a minimum period of one year, which shall include one continuous winter season.
c.
Upon final inspection and approval of the roads by the director of public works or town engineer, in writing to the planning board, the board will recommend to the Tiverton Town Council that all public improvements be accepted by the town. Upon acceptance of the improvements by the town council, the remaining surety shall be released. The full release of the surety shall be conditioned upon the following:
(1)
The faithful completion of all required improvements within a three-year period, as well as the expiration of all required waiting periods as described below;
(2)
Payment of all invoices issued by the planning board to cover the cost of the required inspections;
(3)
Receipt by the planning board of copies of any department of environmental management and/or coastal resources management council final inspection reports or approvals;
(4)
Receipt by the planning board of letters from the appropriate water district and other relevant utility companies stating that all constructed improvements related to the respective water district or utility are satisfactory;
(5)
Submittal of accurate as-built drawings; and
(6)
Acceptance of all public improvements by the Town of Tiverton.
d.
If, due to circumstances beyond the control of the developer, the required improvements are not completed within the prescribed three-year period, the planning board may grant a time extension. During such time extension, the guarantee shall remain in full force.
e.
The release of a maintenance surety, minus any allocated funds, shall occur when the director of public works or town engineer determines that the storm water control facility has been operating in a satisfactory manner for a minimum period of one year, or at such time when the town accepts responsibility for the facility. However, such remaining surety may not be held for a period of longer than five years from the date at which it was issued. If it is determined by the planning board, based upon the report of the director of public works or town engineer, that a stormwater control facility cannot be properly maintained without the town making use of the funds available from the maintenance surety, the board shall require that responsibility of the facility be transferred to the town with the costs of maintenance assigned to the property owners.
(Reg. No. 2026-1, 1-6-26)