Chapter 18 - STREETS AND SIDEWALKS

Part of the Code of Ordinances of Warren, RI.

Local law · 1,183 sections

The text

Footnotes:

--- (1) --- Cross reference— Buildings and building regulations, Ch. 4; garbage, trash, refuse, Ch. 9; canvassers and solicitors, § 11-126 et seq.; hawkers and peddlers, § 11-201 et seq.; motor vehicles and traffic, Ch. 12; loitering, § 13-7; playing ball, etc., in streets, § 13-8; planning, Ch. 15; soil erosion and sedimentation control, Ch. 17; subdivisions, Ch. 19; taxicabs, Ch. 20; utilities, Ch. 21.

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.

ARTICLE I. - IN GENERAL#

Sec. 18-1. - Excavations; standards to be employed when restoring roads, streets, lanes and highways.#

(a)

Purpose and scope.

(1)

All aspects of rendering utility service - new installations, repair/maintenance and upgrading - are critical to the public welfare. The purpose of these Standards to be Employed by Public Utility Operators When Restoring Any of the Streets, Lanes and Highways in Warren (the "standards") is to ensure that a utility, after excavating in any municipal street, lane or highway ("public way"), restores that portion of the public way that is altered to the same condition or better than it was found before the excavation.

(2)

The standards set forth herein, including specific performance requirements for excavation, backfilling and resurfacing of roads, are intended to establish uniform statewide requirements for utility work in public ways in the state of Rhode Island. These standards shall apply only to excavations within streets and sidewalks, and shall not apply to cable pulling or other work within manholes and subsurface ducts.

(3)

These standards shall supersede any previously existing ordinance, rule or regulation to the extent bearing upon the work of a utility installing, repairing, maintaining or upgrading its facilities in any public way.

(4)

The utility is responsible for ensuring compliance, by itself and its contractors, with these standards. Utility work may be inspected by the municipality to assure that the standards are followed. In the event a utility fails to comply with these standards, the utility shall, at its own expense, correct such failures.

(5)

The utilities shall work with the municipality to minimize the impact of utility roadwork and specifically to reduce the incidence of non-emergency utility excavation in newly-paved streets.

(6)

Nothing in these standards is intended to create a contractual relationship between a municipality and a utility.

(b)

Definitions.

AASHTO means the American Association of State Highway and Transportation Officials.

Clay means very finely textured soil which, when moist, forms a cast which can be handled freely without crumbling breaking; that exhibits plasticity; and when dried, breaks into very hard lumps (i.e., high dry strength) and is difficult to pulverize into a soft, flour-like powder.

Cold patch means a bituminous concrete made with slow curing asphalts and used primarily as a temporary patching material when hot mix plants are closed.

Compaction means compressing of suitable material and gravel that has been used to backfill an excavation by means of mechanical tamping to within ninety-five (95) percent of maximum dry density as determined by the modified Proctor test in accordance with AASHTO, Tl80.

Controlled density fill ("CDF"), also called flowable fill, means a mixture of Portland cement, fly ash, sand and water. High air (twenty-five (25) percent plus) may be used instead of fly ash with an adjustment in sand content CDF is hand-tool excavatable.

DPW shall mean the municipal department of public works.

Division shall mean the state division of public utilities and carriers.

Emergency shall mean a situation that presents a risk of injury, loss of life, or damage to property or public welfare, including, without limitation, a utility service outage.

Emergency repair work shall mean street opening or excavation work which is subject to these standards and in response to or necessitated by an emergency.

Gravel means coarse to very coarse-grained soil ranging from approximately 0.1 inch to three (3.0) inches. Gravel exhibits no plasticity.

Infrared process means a restorative procedure whereby an infrared heater plasticizes the surface of an asphalt pavement, preparatory to the introduction of additional compatible paving materials uniformly re-worked to achieve a density and profile consistent and thoroughly integrated within the adjacent pavement.

Municipality means the Town of Warren, Rhode Island.

Organic soil means soil high in organic content, usually dark (brown or black) in color. When considerable fibrous material is the principal constituent, it is generally classified as "peat." Plant remains or a woody structure may be recognized and the soil usually has a distinct odor. Organic soil may exhibit little (or a trace of) plasticity.

Permanent patch means a final repair of street opening work to be performed in accordance with these standards and intended to permanently return the opened portion of the roadway to as good a condition as or better than it was prior to the performance of the street opening work.

Permit means a permit granted by a municipality to a utility for permission to do street opening work in a public way.

Plasticity means that property of soil that allows it to be deformed or molded without crumbling (e.g., like dough or soft rubber). This property reflects the capacity of soil to absorb moisture.

Poorly graded soil means soil that contains a large percentage of its constituent particles within a relatively narrow range; also referred to as "uniform" soil.

Protected street means a road or street whose pavement surface is less than five (5) years old and which was on the municipality's paving list for a period of eighteen (18) months or more before it was paved.

PUC means the Rhode Island Public Utilities Commission.

RIDOT means the Rhode Island Department of Transportation.

RI Highway Standards means the "Rhode Island Department of Transportation Standards for Road and Bridge Construction, 2004", as amended from time to time.

Same day hot patching means the installation of a temporary patch ("same day patch") on an excavation within one (1) business day of completion of the utility work.

Sand means coarse grained soil in which the individual grains can be visually detected. When moist it forms a cast which will crumble when lightly touched; when dry, it will not form a cast and will fall apart when confining pressure is released. Sand exhibits no plasticity.

Silt means finely-textured soil. When moist, it forms a cast which can be freely handled; when wet, it readily puddles; when dry, it may be cloddy and readily pulverizes into powder with a soft flour-like feel (i.e., low dry strength). Silt exhibits little or no plasticity.

Street opening work means any cutting, excavating, compacting, construction, repair or other disturbance in or under a public way together with restoration of the public way in accordance with these standards, municipal ordinances, and any other applicable law following such disturbance.

Temporary patch means the interim application of either cold patch or class I-I bituminous concrete.

Utility means any and all persons or entities engaged in the transmission and distribution of electrical energy, natural gas, water, sewer work, telephonic, visual and other communication systems. for the purposes of these standards, a utility shall also mean any person or entity engaged by or on behalf of a utility to perform street opening work.

Well graded soil means soil having its constituent particles within a wide range, also referred to as "non-uniform" soil.

(c)

Permit and notice requirements.

(1)

The issuance of a permit by a municipality for utility installation, repair, maintenance or upgrade work in any public way within the municipality's jurisdiction shall be subject to the standards. A permit may be issued with the stipulation that it may be modified or revoked with just cause at any time at the discretion of the municipality without rendering the municipality liable in any way; and the director of the DPW shall have discretion in the enforcement of the permit program. Whether with respect to an explicit stipulation in a permit or otherwise, such discretion shall be exercised by the director of the DPW on the basis of valid, reasonable factors affecting safety and health. It is recognized that each municipality shall have the authority to inspect work in progress and the utility shall correct any deviations from the standards identified during said inspections. The following are the requirements that a municipality may require of a utility when granting permits.

(2)

Except for emergency repair work, a utility shall submit to the municipality, having jurisdiction of the public way in which work is to be done, an application for a permit for such work, including a plan for the work proposed. For emergency repair work, the utility shall apply for a permit as soon as practicable, and not more than five (5) business days following completion of the repairs.

(3)

Pursuant to G.L. § 5-8-2l(5), the municipality shall not require a PE stamp on the utility's plan.

(4)

Permits for work within sidewalks will be issued to the utility without signature by or notice to abutting "owners of record."

(5)

The municipality shall issue permits promptly, and shall make its best efforts to issue a permit within seven (7) days after submission of a completed application.

(6)

As conditions for the granting of a permit, a municipality may impose financial requirements in compliance with the following standards:

The municipality may impose a permit fee which shall not exceed seventy-five dollars ($75.00) per excavation unless authorized by the PUC. No other or greater fee may be imposed.

The municipality shall not impose the requirements of a performance bond on entities which are subject to the supervision of or regulation by the PUC or the division.

A utility applying for a road opening permit or its contractor shall provide a certificate of general liability insurance or appropriate evidence of self-insurance of not less than five hundred thousand dollars ($500,000.00) naming the municipality as an additional insured.

The municipality shall not require any other municipal license, permit, easement or qualification from the utility performing an excavation pursuant to a permit hereunder.

Reasonable workday, and time constraints may be conditions of the permit.

(7)

The utility shall endeavor to conform its work to the plan submitted with its permit application. If it becomes necessary to open the roadway surface in a larger area than specified in the permit, or if otherwise the work performed is appreciably different from that shown on the plan provided with the permit application, the utility shall provide a revised plan to the DPW after completion of the work.

(8)

A copy of the permit must be on the job site at all times for inspection (except for emergency repair work). Repeated failure to have the permit available may result in suspension of the permit.

(9)

Except in case of emergency repair work, the utility shall notify the municipality at least two (2) business days prior to the start of work. No work shall be authorized or proceed without said notification. For emergency repair work, the utility shall provide verbal notice of such work to the DPW within one (1) business day of commencing such work. For projects with a long duration, the municipality must be notified when work is suspended for more than three (3) business days. At the time of such notification, the utility shall also provide to the municipality its best estimate of the date upon which work will be resumed.

(10)

The utility shall be responsible for contacting the municipality regarding the field location of any underground traffic control devices in the vicinity of the project.

[11]

The utility shall notify the municipality of the date of completion of the physical work pursuant to a permit. Such notification may, at the utility's option, be a quarterly report of all work completed in the prior quarter, or a permit by permit report.

(d)

General work standards.

(1)

G.L. § 24-5-1.1 requires any entity that alters a roadway to "restore that portion of the roadway which is altered to the same or better condition that existed prior to alteration."

(2)

All work performed by a utility shall be in compliance with these standards, and with any applicable RI Highway Standards to the extent consistent with these standards.

(3)

Utilities are responsible for using appropriate materials and crews on projects.

(4)

A utility excavating or performing other work in a public way subject to these standards shall guarantee the patch to the roadway against settling for a period of five (5) years from completion of the work. This guarantee shall not extend to cracking resulting from use of infrared sealing technology if such technology has been specified by the municipality.

(e)

Safety.

(1)

A utility shall comply with dig safe and street closing procedures at the time of performing work, not at the time of permit application.

(2)

Provisions shall be made for the safety and protection of pedestrian traffic during the construction period.

(3)

The utility shall be responsible to furnish and erect all required temporary signs and traffic safety devices.

(4)

Excavations shall be marked with signs in accordance with standards prescribed by the 1988 edition, revision 3, or subsequent current edition, of the Manual on Uniform Traffic Control Devices (the "MUTCD"). Traffic control signs and devices shall likewise conform to MUTCD standards.

(5)

Cones and non-reflecting warning devices shall not be left in operating position on the highway when the daytime operations have ceased. If the utility should fail to remove such devices from the work site, and if the municipality should remove them, all costs of such removal may be charged to the utility.

(6)

Trenches may remain open overnight with appropriate protection provided by the utility (e.g. barrels, barricades, jersey barriers or steel plates and appropriate lighting.)

(7)

Efforts shall be made to maintain normal traffic flow. Interruptions or obstructions to traffic may be defined by the conditions of the permit.

(8)

If, in the exercise of its discretion pursuant to subsection [(c)] above, the municipality should determine on the basis of factors affecting safety and health that the work constitutes a hazard to traffic in any area, it may require the utility to suspend operations during certain hours and to remove any equipment from the roadway.

(9)

When a snow or ice condition exists during the progress of this work, the utility shall keep the area affected by the work safe for travel. The municipality may restrict work during snow, sleet, or ice storms and subsequent snow removal operations, except for emergency repair work.

(10)

The utility shall be responsible for the ponding of water that may develop within the roadway as a result of its work.

(11)

During the course of work, and upon its completion, the utility shall comply with applicable requirements of subsection [(j)] below with respect to cleaning of the work area and roadway surface.

(12)

Blasting, if necessary, shall be done in accordance with state law and local ordinance.

(13)

The utility shall comply with all federal, state, and local safety regulations.

(14)

In performing work under a permit, the utility shall assume no greater responsibility for risks and casualties of every description, for loss or injury to persons and property arising out of the nature of the work, from the action of the elements or from any unforeseen or unusual difficulty, than is otherwise imposed by law.

(15)

If, in the exercise of its discretion pursuant to subsection [(c)] above, the municipality should determine on the basis of factors affecting safety and health that a street opening failure presents a nuisance or a public safety problem, the utility shall respond to a request by the municipality for repair within forty-eight (48) hours. Non-response within the specified time may result in the required restoration work being done by the municipality, with all expenses to be paid by the utility. The utility shall reimburse the municipality for the invoiced amount within thirty (30) days. In the event:

The municipality deems the failure to be an immediate hazard to the public; and

The utility is unable to respond within an acceptable period of time after notification, then the municipality may take necessary action to restore the area to a safe condition with the cost of the repairs to be paid by the utility. The utility shall reimburse the municipality for such costs within thirty (30) days.

(16)

Failure to respond to trench restoration requests may result in denial of future permit requests.

(f)

Protection of adjoining facilities.

(1)

If directed by a municipality in a permit, a utility shall take photographs prior to the start of work to ensure restoration of designated areas to their former conditions within the limits of the work areas. Copies of the photographs shall be delivered to a place designated in the permit.

(2)

The utility shall take care not to interfere with underground structures that exist in the area.

(3)

The utility shall take care not to disturb:

Any subsurface traffic duct system; or

Any traffic detector.

In case of any such disturbance, the utility shall immediately notify the municipality so that repairs can be made. If any such damage is the fault of the utility, the utility shall be responsible for the repair or the cost of repair.

(4)

The utility shall be responsible to replace all pavement markings in kind which have been disturbed as a result of work done in accordance with the permit. Pavement markings shall be restored within ten (10) days after permanent paving is performed or as deemed necessary by the municipality.

(5)

Existing guardrail that is removed or damaged shall be reset or replaced to current R.I. Highway Standards.

(6)

The utility will be responsible for any damage caused by its work to curbing, structures, or roadway.

(7)

The utility shall take reasonable measures to protect highway bound markers. However, if it becomes necessary to remove and reset any bound marker, the utility shall hire a Rhode Island registered professional land surveyor to perform this work. It shall be the responsibility of this land surveyor to submit to the municipality a statement in writing and a plan containing his stamp and signature showing that said work has been performed.

(g)

Excavations.

(1)

The surface of a roadway to be excavated for utility work shall be cut in reasonably straight and parallel lines using a jack hammer, saw or other accepted method to insure the least amount of damage to the roadway surface. The pavement, including reinforcing steel on concrete roadways, shall be cut the full depth of surfacing. The excavation shall only be between these lines. The cutting operation shall not be done with a backhoe, gradall or any type of ripping equipment.

(2)

If steel plates are used by a utility to protect an excavation, they shall be of sufficient thickness to resist bending and vibration under traffic loads and shall be anchored securely to prevent movement.

(3)

If a utility uses steel sheeting, shoring, or bracing and elects to leave it in place, it shall be cut off two (2) feet below the surface.

(h)

Backfill and compaction. The following provisions set forth general guidelines and criteria to determine whether a soil is suitable as backfill for utility excavations in roadways. They prescribe proper procedures for backfilling and compaction to achieve soil density values of ninety-five (95) percent modified proctor density. The ultimate objective is to obtain a finished road surface repair which will undergo settlements only within acceptable performance limits as defined within these standards for the functional life of the existing road. The guidelines are based on good engineering practice and testing of both materials and equipment. Compliance with these standards will promote satisfactory backfill compaction.

(1)

In restoring municipal streets, utilities shall use appropriate fill for excavations, in compliance with the standards set forth below with respect to backfill suitability, and shall compact all fill to achieve soil density values of ninety-five (95) percent modified proctor density (as described in AASHTO TJ80).

(2)

The utilities are concerned about public health and safety issues related to the use of flowable fill. The municipality shall not require any utility to use flowable fill (or "controlled density fill") in any work in public ways. If CDF is the selected option of the utility, when backfilling excavations within which there are natural gas lines, the utility shall backfill with sand and compact to a level six (6) inches above the gas line before adding CDF to the trench.

(3)

Suitability of backfill material.

Suitable backfill material is free of stones larger than half the size of the compacted lift as provided for in RI Highway Standards, construction debris, trash, frozen soil and other foreign material. It consists of the following:

Well graded gravel and sand;

Poorly graded gravel and sand;

Gravel-sand mixtures with a small amount of silt;

Gravel-sand mixtures with a small amount of silt and trace amounts of clay.

Unsuitable backfill materials consist of the following:

Inorganic silts and clays;

Organic silts;

Organic soils including peat, humus, topsoil, swamp soils, mulch, and soils containing leaves, grass, branches, and other fibrous vegetable matter.

(4)

Evaluation of excavated soil.

The soil excavated from a trench shall be evaluated by the utility and may be evaluated by the municipality to determine whether or not it is suitable as a backfill in accordance with subsection (h)(3).

An excavated soil that has been evaluated and found suitable for backfill may be used to backfill the excavation upon completion of the utility's work.

An excavated soil that has been evaluated and found unsuitable for backfill shall be removed from the site and disposed of properly. New material, which meets the requirements of subsection (h)(3), shall be brought in to replace excavated soil found to be unsuitable.

(5)

Backfill and compaction of excavations.

Backfill and compaction shall be performed in accordance with RI Highway Standards, § 301.03.2.

All leak detection holes (i.e., bar holes) shall be filled in lifts with an appropriate mineral filler and compacted to the bottom of the pavement.

(6)

A color coded marking tape shall be placed in an appropriate location below final grade above all underground utility installations except sewers and drains running in straight lines between surface catch basins, manholes, or posts identifying the underground installation. Marking tape shall not be required for installations using trenchless technology. Tape shall be durable, non-degradable plastic, not less than two (2) inches wide and in the following colors for the particular underground utility:

Blue Water/Electric

Red Cable/Gas

Yellow Telephone

Orange Sewer

Green

(7)

Compaction verification. If required by the municipality, compaction verification shall be performed by the utility to assure that ninety-five (95) percent modified proctor density has been achieved; provided, however, that in the event ninety-five (95) percent compaction has been achieved, the municipality shall be responsible for the cost of the testing. In the event of test failure, the utility shall be responsible for removal of trench material at the discretion of the municipality and for re-compacting the excavation to meet the required standard.

(i)

Pavement restoration.

(1)

The utility shall be responsible to replace all pavement disturbed by work under the permit with homogeneous and in-kind pavement using:

Same day hot patch;

Grind and inlay; or

Temporary patch followed by permanent patch, all as specified herein, to at least the original strength and condition unless otherwise agreed.

(2)

After performance of the procedures prescribed by the standards relating to backfilling and compaction, the adjacent pavement shall be saw cut back, full depth, to encompass at least one-foot area on either side of all disturbed pavement areas and underlying cavities associated with the excavation. All cutbacks shall be done in reasonably straight, continuous, and parallel lines. Existing pavement surfaces shall be swept clean of dirt, dust, and debris prior to patching. The existing vertical pavement surfaces shall be tack coated with an appropriate asphalt tacking material prior to patching and subsequent to cleaning.

(3)

Utilities shall comply with the following standards in restoring pavement:

Single gradation (class I-I, surface course) bituminous concrete patches may be used when the existing pavement depth is three (3) inches or less, provided that the new patch is installed to a depth one (1) inch greater than the surrounding pavement.

Single gradation (class I-I, binder course) bituminous concrete maybe used where post grind and inlay method is the chosen option for the permanent repair by the utility or as a condition of the permit. Minimum allowable depth of pavement shall be four (4) inches when utilizing the grind and inlay method. When the grind and inlay method is performed, the surface of the pavement shall be uniformly ground and removed to a minimum depth of one and one-half (1.5) inches for subsequent pavement replacement. The grinding procedure shall provide a twelve-inch cutback into existing undisturbed pavement and shall encompass all disturbed pavement areas of the excavation. Grinding shall be done in reasonably straight lines.

Pavement repair depths shall equal adjoining pavement depths. When existing pavement depths including penetrated stone base are greater than three (3) inches, pavement repairs shall be made utilizing class I-I, binder course in the underlying patch courses. The wearing surface shall be a minimum one and one-half (1.5) inches of class I-I, surface course. Pavement courses shall not exceed two and one-half (2.5) inches. All pavement courses shall be placed in accordance with RI Highway Standards prior to placement of subsequent courses.

(4)

After backfilling and compaction, the utility shall either install a temporary patch. If a temporary patch is installed, the utility may, subject to the provisions of this section, allow up to ninety (90) days for settling before final patching.

Any temporary patch installed prior to September 1 in any year shall be replaced with a permanent patch no later than December 15 of that year. Temporary patches made between September 1 and March 30 shall be maintained by the utility until a permanent patch can be installed, and not later than June 15.

All excavation, backfilling, and compaction work associated with temporary patches shall be performed in accordance with these standards.

Temporary patches shall be made with high-performance cold patch or type I, bituminous concrete to a minimum depth of two (2) inches.

The utility shall be responsible to maintain temporary patches in a safe condition for all types of travel until a permanent pavement repair has been made. To ensure proper maintenance, the utility shall perform periodic inspection, at reasonable intervals, of each temporary patch until it is replaced with a permanent patch.

(5)

Same day patches installed in conformance with these standards will not require re-excavation and may utilize the grind and inlay method or another method agreed to by the municipality to correct subsequent settling.

(6)

Permanent patches on streets that are not protected streets (pursuant to subsection (l)(3) below) shall be sealed with hot asphalt crack sealer or other appropriate means instead of with infrared technology. The municipality may require as a permit condition that restoration in a protected street be by grind and inlay to the nearest curb.

(7)

When the utility work involves a longitudinal installation or repair, and the pavement remaining between the excavation and the edge of the roadway is less than two (2) feet, the remaining area to such edge of the roadway shall be removed and replaced in conjunction with the permanent pavement repair including one (1) foot beyond disturbed area.

(8)

All leak detection holes (i.e., bar holes) shall be filled to refusal with an appropriate asphalt filler to a depth equal to the surrounding pavement depth.

(9)

All excavations made within concrete roadways shall be repaired with concrete in depths equal to the existing concrete. Concrete used for repairs shall conform to the requirements of RI Highway Standards for concrete roadway construction. Steel dowels or other approved method of shear transfer between the patch and remaining roadway shall be included in the restoration.

(10)

Completed pavement repairs shall not deviate more than one-quarter (0.25) inches from the existing street surface.

(11)

No less than thirty (30) days and no more than ninety (90) days from the completion of the permanent pavement repair, the utility shall inspect the excavation for settling, cracking and other pavement defects. Any such excavation which requires repair shall then be reinspected no less than thirty (30) days and no more than ninety (90) days from the completion of the subsequent repair. Patches that deviate more than one-quarter (0.25) inches from the existing street surface shall be repaired consistent with section [(i)(6)]. Surface or joint cracking one-eighth (0.125) inches wide or greater shall be repaired utilizing a modified asphalt pavement sealant.

(12)

The utility shall prepare and maintain records of these inspections and shall make them available to the municipality and the division upon request.

(j)

Clean-up.

(1)

The utility shall at all times keep the roadway surface clean of any debris that may result from its work, and upon completion of the work shall thoroughly clean the roadway surface of any debris or matter deposited there as a result of the work.

(2)

Areas adjacent to the work area shall be kept clean. Upon completion of the work, all rubbish, surplus materials and unneeded construction equipment shall be removed from the work site and adjacent areas.

(3)

Upon completion of the work, the utility shall restore all disturbed areas, including areas adjacent to the work site, to a condition equal in kind or better than that which existed prior to the work, including any necessary driveway, highway, front walk and landscaping work, using suitable materials, equipment and methods. To the extent practicable prior to completion of the work, the utility shall promptly repair any damage accidentally caused to adjacent areas so as to minimize inconvenience to the general public and to property owners.

(4)

Material or debris from the contractor's operations which have washed into, flowed into, or been placed in water courses, ditches, gutters, sanitary sewers, drains, catch basins, or elsewhere, shall be removed entirely and properly disposed of during the progress of the work and upon its completion.

(k)

Sidewalks and driveways. All work shall comply with the Americans with Disabilities Act (ADA), and RI Highway Standards, § 904.

(l)

Street paving program.

(1)

The municipality shall develop and maintain a comprehensive plan for categorizing the condition of town streets and a projected schedule for street repaving.

(2)

By March 1 of each year, the municipality shall provide, to each utility which operates and maintains facilities within the public streets of the municipality, an update of the plan including a good faith listing of streets and segments of streets that are scheduled for repaving, subject to budgetary constraints, during the ensuing twenty-four (24) months. Such list shall identify streets or segments of streets scheduled for repaving in the current paving season and those scheduled for subsequent seasons.

(3)

Any utility anticipating major work in any of the streets which are scheduled for repaving in the ensuing eighteen (18) months shall notify the municipality of the utility's plans by May 1 of each year.

(m)

Compliance with this section.

(1)

Utilities shall track the success and failures of their programs to include the restorations and the inspections of such restorations pursuant to subsection (i)(11). Utilities shall specify the number of failed restorations compared to the total number of restorations made during the preceding calendar year, the number of failures reported by a party other than a utility inspector and the age of the failed restoration.

(2)

Each utility shall record the number of failed restorations encountered during the inspections required in subsection (i)(11). It shall also document the cause of the failure and measures taken to remedy it.

(3)

Each utility shall record the number of failed restorations and costs incurred when a municipality performs the corrective action in accordance with subsection (e)(15).

(n)

Moratorium. The municipality may impose a moratorium on planned excavation projects from November 15 to April 15. The moratorium shall not apply in the event of an emergency or when otherwise authorized by the DPW and may be lifted at the discretion of the municipality if hot asphalt is available. Any entity undertaking work during a moratorium shall be responsible for maintaining the temporary patch in good condition until the permanent repair is completed.

(Code 1967, §§ 28-1, 28-2; Ord. No. 6-11-96; Amend. of 4-18-2001; Amend. of 11-10-2009)

Cross reference— Dredging, § 11-151 et seq.; soil erosion and sedimentation control, Ch. 17.

Sec. 18-1.1. - Traffic directors.#

(a)

Any person, firm or other entity that shall do any work in, on, under or over any part of the public right-of-way, or that stops, stands or parks in the public right-of-way while doing work outside the boundaries of such right-of-way, shall, if deemed necessary by the chief of police or his/her designee, be required to provide traffic directors to maintain the safe and expeditious movement of traffic.

(b)

Where the provision of traffic directors is deemed necessary by the police chief or his/her designee, such traffic directors shall be police officers of the Town of Warren or special constables appointed by the town; provided, however, that the police chief may waive this provision when, in his/her opinion, it is in the best interest of the town to do so.

(c)

The person, firm or other entity receiving the services of a police officer or special constable shall be responsible for paying of the same, including administrative costs, and for posting sufficient funds to cover the service requested pursuant to the provisions of section 16-17 of this Code.

(Ord. of 5-10-2011)

Sec. 18-2. - Obstructing sidewalks, etc.#

Any person who shall stand, sit or remain on or near any highway, bridge, sidewalk, crosswalk or doorstep or in any doorway in the compact part of the town to the obstruction, hindrance, delay, disturbance or annoyance of passersby, or persons doing business in the vicinity thereof or of the owner of adjacent premises, shall be punished in accordance with section 1-8.

(Code 1967, § 28-3)

Cross reference— Removal of vehicles obstructing traffic, § 12-8.

Sec. 18-3. - Riding, etc., animals, bicycles, etc., on sidewalks, etc.#

(a)

Persons thirteen (13) years of age and older are prohibited from operating bicycles, scooters, skateboards, electric bikes (ebikes) or any motorized mode of transportation on town or state sidewalks. Bicycle operators: individuals on scooters or skateboards; operators of electric bikes (ebikes) and operators of any motorized mode of transportation, thirteen (13) years of age and older shall operate on public roadways, following the direction of traffic, operating on the right side of the road, if practical, and observing the traffic and vehicle laws, proscribed for bicycle operation, as specified in the Rhode Island General Laws. Persons younger than thirteen (13) years of age are permitted to operate on sidewalks, with caution given to pedestrians. Persons of any age are permitted to walk a bicycle, scooter, or electric bike (ebike) on a public sidewalk.

(b)

A person operating an electric personal assistive mobility device (EPAMD) on a town or state sidewalk shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian under the same circumstances; provided, however, that a person riding a EPAMD on a sidewalk, bicycle path or trail shall yield the right-of-way to pedestrians or give an audible signal before overtaking any passing pedestrian. Any person using and EPAMD shall exercise a high degree of care when passing a pedestrian using a wheelchair, walker or other mobility aid and only pass when the width of the sidewalk exceeds five (5) feet.

(c)

It shall be unlawful to park, store, and block pedestrian access in part or full by any form of motorized mode of transportation on any town or state sidewalks.

(Code 1967, § 28-4; Ord. of 10-12-2021)

Cross reference— Animals and fowl, Ch. 3.

Sec. 18-4. - Unauthorized sliding or coasting on sleds.#

Any person who shall slide or coast on any sled for amusement within the compact part of the town on any street or highway not designated for such purpose by the town council, chief of police or director of public works, shall be punished in accordance with section 1-8.

(Code 1967, § 28-5)

Sec. 18-5. - Use of sidewalks for commercial purposes.#

(a)

Any person displaying merchandise for retail sales and displays said merchandise on any sidewalk is subject to the provisions of this section.

(1)

A merchant shall be allowed to display goods, wares and merchandise on the sidewalk in front of the retail store in the following manner.

No more than fifty (50) percent of the front of the store shall be used for display purposes;

The display area shall be no more than twenty-four (24) inches from the outside wall of the retail store;

The goods, wares, or merchandise in the display area shall not exceed a height of six (6) feet;

Any retail store located on or at an intersection of two (2) or more streets shall not display any goods, wares or merchandise in such a manner that will obstruct the vision of any operator of a motor vehicle or pedestrian on or approaching said intersection.

Regardless of any other conditions, a forty-eight (48) inch public right-of-way shall be maintained at all times on public sidewalks and thoroughfares.

The display merchandise on a sidewalk must remove items during such times as inclement weather such as a snow ban or high wind condition is present.

The town council may waive the provisions of this section during such times as commercial promotional events or public celebrations are to take place in an area where a license holder conducts his or her business.

(2)

Individuals or businesses found guilty of violating the provisions of this section are subject to a fine not to exceed twenty-five dollars ($25.00) for the first offense, a fine not to exceed fifty dollars ($50.00) for the second offense, and a fine of one hundred dollars ($100.00) and a prohibition against the display of merchandise for a period not to exceed one (1) year for the third offense.

(b)

The town council may allow by permit any licensed restaurant or victualing house outdoor seating on a public sidewalk subject to the provisions of this section.

(1)

The licensed restaurant or victualing house shall file an application with the town clerk for a permit by the town council to allow outdoor seating on a public sidewalk. The application shall include:

The name of the licensed restaurant or victualing house, the street address, the assessor's plat and lot, the types of licenses issued to the establishment and the number of indoor tables and seats.

The proposed number of tables and seats for the outdoor seating area, as well as the menu offerings for the outdoor seating area.

A site plan, showing the location of the proposed outdoor tables and seating.

Evidence of a current and active casualty and liability policy listing the Town of Warren as an additional insured and loss payee.

(2)

The permit application shall first be referred to the chief of police, fire chief and building official for review and a report to the town council for a determination of whether the requested outdoor seating will have an impact on safety of pedestrians, motor vehicle traffic or off-street parking in the immediate area.

(3)

The sidewalk in front of the licensed restaurant or victualing house is wide enough to accommodate outdoor seating, meaning that the distance between the edge of any table or seat and the curb complies with the Americans with Disabilities Act, 42 USC 126.

(4)

The seating is limited to that portion of the sidewalk in front of the licensed restaurant or victualing house and shall not block handicapped or pedestrian access.

(5)

The licensed restaurant or victualing house is in good standing with the Town of Warren including but not limited to being current on tax payments and no outstanding license violations.

(6)

Any validly issued outdoor sidewalk seating shall be permitted during such times as determined by the Warren Town Council, and the renewal thereof shall be upon application to the town council for the regular monthly November meeting of the town council.

(7)

If alcoholic beverages are proposed to be served outdoors, the restaurant or victualing house shall be required to amend its liquor license to include outdoor seating area as part of the premises licensed for the sale and consumption of alcoholic beverages.

(8)

The licensed restaurant or victualing license shall also be required to execute an agreement indemnifying the town and holding the town harmless for any and all liability, claims and causes of action arising from the restaurant or victualing house's use of a sidewalk for outdoor seating and service. The indemnification and hold harmless agreement shall be in such form as approved by the town solicitor.

(9)

Any licensed restaurant seeking approval from the town council for outdoor seating must reduce the amount of tables and chairs indoors by the amount of tables and chairs that shall be placed on the exterior of the structure.

(10)

Outdoor seating areas shall be distinguished from parking areas by solid, uninterrupted concrete or granite curbs and landscaping which physically separates the outdoor seating area from parking.

(11)

Employees will clear tables and monitor adjacent areas for litter on a regular schedule.

(12)

Hours of operation will be limited for outdoor seating to the periods of no earlier than 5:00 a.m. and no later than 10:00 p.m. at the town council's discretion.

(13)

All lighting shall be focused directly onto the seating area and away from abutting properties.

(14)

No music or entertainment, live or transmitted, shall be permitted outside without an outside entertainment license.

(15)

No advertising or promotional materials shall be applied or attached to, or otherwise included in, any exterior elements, including table umbrellas.

(c)

Any person, restaurant or victualing house in violation of the provisions of this section shall be subject to the same penalties as set forth in section (a)(2).

(Code 1967, § 28-6; Ord. of 3-8-1999; Ord. of 11-10-2015(2); Ord. of 1-12-2016(1); Ord. of 8-13-2019)

Sec. 18-6. - Doorsteps on sidewalks.#

Any person who shall hereafter erect or place for use on any sidewalk in the compact part of the town any doorstep or steps, without the consent of the town council first obtained, shall be punished in accordance with section 1-8 for each day such door-step or steps shall be allowed to remain on such sidewalk.

(Code 1967, § 28-7)

Sec. 18-7. - Drainage of water onto any street generally prohibited.#

(a)

No person or business shall pump or allow water to drain in any manner whatsoever, directly or indirectly, onto any street or road within the town from any source, that would in any manner create a hazardous condition or cause damage to a public way or sidewalk, except in emergency situations where the Town of Warren DPW director or designee shall be advised, and give consent prior to any discharge activities commencing.

(b)

Natural drainage from driveways and lawns are specifically exempted from the requirements of this section.

(c)

Violations and penalties.

(1)

Any person or business that has been found to violate the provisions of this section by the Town of Warren DPW director shall first be warned in writing and given thirty (30) days to correct to the violation. If the violation is not corrected within thirty (30) days of the date the notice of violation is sent, the person or business shall be fined a sum not [to] exceed one hundred dollars ($100.00) for each day of the violation.

(2)

Any person or business fined under the provisions of this article shall have the right to appeal the finding of violation within fifteen (15) days of service of the notice thereof. Such appeals shall be taken to the Warren Municipal Court.

(Ord. of 3-10-2020)

Secs. 18-7.1—18-7.6. - Reserved.#

Editor's note— Ord. of 1-12-2016(2), repealed §§ 18-7.1—18-7.6 and set out provisions intended for use as §§ 18-7.1—18-7.21. For purposes of classification and to preserve the style of this Code, and at the editor's discretion, these provisions have been included as art. V, §§ 18-101—18-121.

Sec. 18-8. - Snow and ice generally.#

(a)

Every owner, occupant or other person having the care of any building or lot of land on any street or highway in the compact part of the town where there is a sidewalk made or established shall during the first six (6) hours of daylight after the ceasing to fall of snow, cause the snow to be removed from such sidewalk. Any person violating the provisions of this section shall be punished in accordance with section 1-8 for each day after the expiration of such six (6) hours that the snow shall remain on such sidewalk.

(b)

The provisions of subsection (a) shall also apply to snow falling from any building.

(c)

No person, including the owner or occupant of any lands or premises abutting or bordering upon any street or highway, shall place, deposit, throw or shovel any snow or ice into or upon that portion of any such street or highway which has been cleaned, plowed or shoveled of snow or ice by the town or by any governmental agency or authority at any time after said street or highway has been cleaned or plowed as aforesaid. Any person violating the provisions of this subsection shall be punished in accordance with section 1-8 of this Code.

(d)

No owner or occupant of any lands or premises abutting or bordering upon any street or highway shall cause, allow or permit any person to do or perform any of said conduct prohibited by subsection (c) of this section. Any person violating the provisions of this subsection shall be punished in accordance with section 1-8 of this Code.

(Code 1967, §§ 28-9, 28-10; Ord. of 2-9-2010)

Cross reference— Removal of vehicles interfering with snow removal, § 12-9.

State Law reference— Authority of council to regulate the removal of snow and ice from sidewalks, G.L. 1956, § 24-7-1.

Sec. 18-9. - Removal of ice from sidewalks.#

Every owner, occupant and person having the care of any building or lot of land on any street or highway in the compact part of the town shall cause the sidewalk adjoining such building or lot of land whenever the same shall be encumbered with ice to be made safe and convenient by removing the ice therefrom or by covering the same with sand or other suitable substance. Every person violating the provisions of this section shall be punished in accordance with section 1-8 for every day that such sidewalk shall continue unsafe or inconvenient by reason of such ice remaining thereon.

(Code 1967, § 28-11)

Sec. 18-10. - Numbering buildings.#

(a)

The town council may order the buildings on any street in the town to be numbered, or may order any street renumbered, may cause plans to be made showing such numbering, and may adopt numbers of a uniform size and style to be affixed to such buildings so that the same may be plainly seen from the street.

(b)

The town council shall then require the number designated for each building to be affixed thereon, and any owner or occupant who, for more than fifteen (15) days after notice from the town council, neglects or refuses to affix to such building the street number lawfully designated therefor, or who affixes or causes to be affixed to such building, or retains thereon for more than fifteen (15) days after notice from the town council, a street number other than the one so designated, shall upon conviction be punished in accordance with section 1-8.

(c)

The notice provided for in this section shall be in writing signed by the town clerk and shall be served by any police officer by reading the same in the presence and hearing of the owner or occupant, or by leaving a copy of the order personally with or at the last and usual place of abode of the owner or occupant, if within this state, but if the residence of the owner or occupant is unknown or without the state, the notice may be served by posting a certified copy of the same on the premises.

(Code 1967, § 23-13)

Cross reference— Buildings and building regulations, Ch. 4.

Sec. 18-11. - Erecting telephone, etc., poles.#

Any person who shall erect any pole for the support of any telephone, telegraph or other wire in any street or highway of the town without the consent of the town council shall be punished in accordance with section 1-8 for each day such pole shall be allowed to remain in such street or highway.

(Code 1967, § 28-12)

Cross reference— Utilities, Ch. 21.

Sec. 18-12. - Curb-to-curb paving.#

Curb-to-curb paving on protected streets. All persons, firms, businesses or utility companies digging or making any excavations in any protected street or highway within the town which has been repaved within five (5) years of the excavation, or who shall cause the same to be done shall make the repair to the street as soon as possible following the procedure described in this section. This shall mean on protected streets the street shall be repaved across the entire right-of-way from curb to curb over the excavated area for a distance fifty (50) feet of the excavation including, cold planning, edge matching and tack coat, with a minimum settlement period of three (3) months and a maximum of six (6) months before permanent repairs are made and left in a condition satisfactory to and approved by the director of public works. Excavations that run laterally on unprotected streets shall require that the permanent patch include one full traffic lane (from curb to center line) and fifty (50) [feet] for a distance determined at the discretion of the D.P.W. on either side of the excavation.

(Ord. of 9-8-2015)

Secs. 18-13—18-35. - Reserved.#

ARTICLE II. - CONSTRUCTION OF SIDEWALKS AND CURBING#

Footnotes:

--- (2) --- Cross reference— Buildings and building regulations, Ch. 4.

Sec. 18-36. - Application for permission.#

All persons desirous of laying sidewalks or curbing in the town must first apply to the town council for permission to lay the same. Such application may be: (1)

For permission to have the work done at the applicant's expense and by a contractor of his own choice; or

(2)

For request to have the department of public works perform the work.

(Code 1967, § 28-14)

Sec. 18-37. - Work done by applicant.#

Applicants granted permission under section 18-36(1) shall pay for all the labor, material and other expenses involved in the project without any right of reimbursement either in whole or in part from the town.

(Code 1967, § 28-15)

Sec. 18-38. - Work done by town; applicant's contract.#

Applicants granted the request under section 18-36(2) shall, prior to commencement of work by the department of public works, enter into a written contract with the town through the director of public works who shall be authorized to execute such contract on behalf of the town, wherein the applicant agrees, upon completion of the work, to pay the town a certain specific sum of money to be determined by the parties which sum of money shall constitute the applicant's proportionate share of the expenses. In the event the parties are unable to agree on a certain sum, the applicant shall have the right to appeal to the town council for a hearing on and the determination of a certain sum to be incorporated into such contract.

(Code 1967, § 28-16)

Sec. 18-39. - Supervision; specifications.#

All sidewalks and curbing shall be laid under the supervision of the director of public works and sidewalks shall conform to such specifications as shall be prescribed by council.

(Code 1967, § 28-17)

Secs. 18-40—18-55. - Reserved.#

ARTICLE III. - MAPPED STREETS#

Footnotes:

--- (3) --- Cross reference— Planning, Ch. 15; subdivisions, Ch. 19.

State Law reference— Mapped streets, G.L. 1956, § 45-23.1-1 et seq.

Sec. 18-56. - Intent.#

It is the intent of the town council to establish an official map 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 insure proper legal descriptions, to facilitate adequate provisions for transportation; and to facilitate the further subdivision of larger tracts into smaller parcels of land.

(Ord. of 12-8-70, § 1)

Sec. 18-57. - Enforcement.#

It shall be the duty of the building inspector to enforce the provisions of this article.

(Ord. of 12-8-70, § 6)

Sec. 18-58. - Official map generally.#

The official map shows the location of the streets of the town heretofore existing and established by law as public streets. The boundaries of the streets are hereby established as shown on a map entitled "Warren Official Map," filed at the office of the town clerk. Such map is hereby made a part of this article.

(Ord. of 12-8-70, § 2)

Sec. 18-59. - Additions and changes to official map authorized.#

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 a public hearing shall be published in a newspaper of general circulation in the town. Before making such changes or additions, 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 streets by the town under provisions of law other than those contained in this article shall be deemed to be a change or addition to the official map and shall be subject to all the provisions of this article except provisions relating to public hearing and referral to the planning board. The placing of any street or street line upon the official map shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or the taking or acceptance of any land for street purposes.

(Ord. of 12-8-70, § 3)

Sec. 18-60. - Regulation of buildings in bed of mapped streets.#

For the purpose of preserving the integrity of the official map, no building permit shall be issued for any building in the bed of any street shown on the official map except as herein provided. Whenever one (1) or more parcels of land upon which is located the bed of such a mapped street cannot yield a reasonable return to the owner unless a building permit be granted, the zoning board of review, hereinafter referred to as the board, may, in a specific case after public hearing for which reasonable notice shall have been given to all interested parties and at which parties in interest and others shall have an opportunity to be heard, grant a permit for a building in the bed of such mapped street which will as little as practicable increase the cost of opening such street, or tend to cause a minimum change of the official map, and 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 the application to the planning board for report and recommendation before taking action, and shall refuse a permit where the applicant will not be substantially damaged by placing his building outside the mapped street.

(Ord. of 12-8-70, § 4)

Sec. 18-61. - Buildings not on mapped streets.#

No building permit for the erection of any building shall be issued unless the building lot abuts a street which has been placed on the official map giving access to the proposed structure, and that before a permit shall be issued, such street shall have been certified to be suitably improved, or such suitable improvements shall have been assured by means of a performance guarantee, in accordance with the rules and regulations of the subdivision regulations. Where the 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 board 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 assure adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the official map.

(Ord. of 12-8-70, § 5)

Sec. 18-62. - Appeals.#

Any person aggrieved by any decision of the board may present to the supreme court of the state a petition duly verified setting forth that such decision is illegal in whole or in part and specifying the grounds of illegality. Such petition shall be presented in accordance with section 45-23.1-5 of the General Laws.

(Ord. of 12-8-70, § 7)

Sec. 18-63. - Registration of official map.#

Immediately upon the adoption of this article, a certificate shall be recorded with the town clerk showing that the town has established an official map as described in section 18-58. The official map shall be recorded and kept by the office of the town clerk, and shall be available for inspection by any interested person during regular office hours. The official map shall bear on it, certification that it is the official map described in and accompanying this article and shall show the date of the adoption of the ordinance from which this article derives and shall be signed by the town council president and countersigned by the town clerk. Thereafter no change or addition to such official map shall become effective until it shall have been indicated by the appropriate convention on the official map and certification placed thereon or attached thereto having the number of the amendment and its date of adoption. Such certification shall be made by the town council president and countersigned by the town clerk.

(Ord. of 12-8-70, § 8)

Sec. 18-64. - Amendments to official map.#

(a)

The first amendment to the official map accepts all blue streets as listed on the map which are streets determined to be necessary to maintain the functioning street pattern now existing in the town.

(b)

All railroad rights-of-way presently owned by the Penn Central Railroad shall be reserved for future street use by placing the exterior lines on the official street map as a second amendment, as shown on a map on file in the office of the town clerk.

(Ord. of 1-12-71(2); Ord. of 11-13-73)

State Law reference— Amendments and changes to official maps, G.L. 1956, § 45-23.1-2.

Secs. 18-65—18-79. - Reserved.#

ARTICLE IV. - OTHER PUBLIC PLACES#

Sec. 18-80. - Public school grounds closing hours.#

No person shall be on any public school grounds within the town during the hours that those grounds are closed. All public school grounds, including but not limited to, buildings, playgrounds, recreational facilities and playing fields shall be closed from 11:00 p.m. and 5:00 a.m. daily, unless permission is granted by the school district and town council to remain open at other designated times.

(Amend. of 4-18-2001)

Sec. 18-81. - Town hall parking lot.#

Whenever the town police department declares a parking ban to be in effect due to snow or other weather conditions, no vehicle shall be allowed to park or be placed in any part of the municipal parking lot located to the side of and the back of the town hall, including those parking spaces adjacent to the north side government building located at One Joyce Street within one (1) hour after the parking ban is lifted. Any vehicle so parked in violation of this section shall be towed at the owner's expense and also shall be subject to a fine not exceeding one hundred ($100.00) dollars.

(Ord. of 3-8-2011)

Sec. 18-82. - Overnight parking prohibited.#

Notwithstanding the provisions of section 18-8, it shall be unlawful to park a vehicle overnight in any Town owned parking lot or parking area. Overnight is defined as a period of time from 2:00 a.m. to 5:00 a.m. Any vehicle so parked in violation of this section may be towed at the owner's expense and may also be subject to a fine not exceeding one hundred ($100.00) dollars.

(Ord. of 1-8-2019(1))

Secs. 18-83—18-100. - Reserved.#

ARTICLE V. - TREE ORDINANCE#

Sec. 18-101. - Title.#

This article shall be known as the Warren, R.I. Tree Ordinance.

(Ord. of 1-12-2016(2), § 18-7.1)

Sec. 18-102. - Purpose and intent.#

This article establishes policies, regulations and standards necessary to ensure that the town will continue to realize the benefits provided by its urban forest. The provisions of this article are enacted to: (a)

Regulate the protection, maintenance, removal, and planting of town trees;

(b)

Ensure the maintenance and removal of trees on private property when the public's safety is endangered.

(c)

Promote the protection of significant trees in order to conserve and enhance the town's physical, aesthetic, and historic environment.

(Ord. of 1-12-2016(2), § 18-7.2; Ord. of 6-8-2021(1))

Sec. 18-103. - Definitions.#

The following words, terms, and phrases and their derivatives when used in this article, shall have the meanings ascribed to them except where the content clearly indicates a different meaning. When not inconsistent with context, words used in the present tense include the future and words in singular number include the plural number. The word "shall" is always mandatory and not merely directory. Abuse means any abnormal act causing the improper loss of root, stem or leaf tissue rendering the tree prone to decline and death.

Caliper means the diameter in inches of a tree as measured either at six (6) inches above ground level for trees up to four (4) inches in diameter or twelve (12) inches above ground level for trees over four (4) inches in diameter.

Canopy means the leaves and branches of the tree.

DBH means diameter at breast height as measured fifty-four (54) inches above ground level.

Drip-line means the edge of the canopy.

Habit of growth means the genetically inherited natural shape of the tree.

Public tree shall include all trees now or hereafter growing on any street, park, or any other public place.

Removal includes any act that will cause a tree to die within a three (3) year period.

Significant tree means any privately-owned tree which has been voluntarily nominated by its owner and accepted by the tree commission to be of such noteworthy interest or high value to the community because it is thirty (30) inches or greater in diameter as measured fifty-four (54) inches from ground level and/or because of its historical association that it shall be deemed to be in the custody of that community and its official assigns.

Topping means the harmful practice of cutting large upright branches between nodes, leaving large stubs.

Tree commission means the tree commission established by this tree ordinance.

Tree warden means the agent of the town appointed by the town council to enforce the regulations of the tree ordinance.

Urban forest means the collection of street, park and residential trees within town limits.

Warren Tree Administrative Guidelines means arboricultural standards, practices and protocols used to facilitate the management of public trees and significant trees and to implement provisions of this article.

(Ord. of 1-12-2016(2), § 18-7.3; Ord. of 12-8-2020; Ord. of 6-8-2021(1))

Sec. 18-104. - Applicability.#

The terms and provisions of this chapter shall apply to all public property in the town and to all significant trees. The town shall have control of all public trees, shrubs, and other plantings now or hereafter in any street, park, public right-of-way or easement, or other public place within the town limits, and shall have the power to plant, protect, care for, maintain, remove, and replace such trees, shrubs, and other plantings. The town shall have regulatory control over the protection and removal of all significant trees on private property.

(Ord. of 1-12-2016(2), § 18-7.4; Ord. of 6-8-2021(1))

Sec. 18-105. - Reserved.#

Sec. 18-106. - Enforcement.#

The tree warden is hereby charged with the responsibility of the enforcement of this article and may serve notice to any person in violation thereof or institute legal actions as may be required, and the chief of police and town solicitor are hereby authorized to institute appropriate proceedings to that end.

(Ord. of 1-12-2016(2), § 18-7.6)

Sec. 18-107. - The tree commission.#

(a)

There shall be created by this article a tree commission. The tree commission shall be responsible for assisting the tree warden in the management of the tree ordinance. The commission shall be composed of at least five (5) members to be appointed by the town council for three-year staggered terms, commencing in January of each year.

(b)

The duties of the tree commission shall be as follows:

(1)

Adopt rules of operation and schedule of meetings.

(2)

Reviews town plans and policies which contain matters relating to urban forestry, community values, arboriculture, and horticulture.

(3)

Coordinates with the tree warden the town's Arbor Day programs, volunteer efforts, and other educational programs on tree planting and care.

(4)

Assist the tree warden in the preparing and periodically revising Warren Tree Administrative Guidelines, tree planting and maintenance plans and lists of significant trees.

(5)

Make determinations of acceptance of the designation of a significant tree and maintain an inventory of all significant trees accepted by the tree commission.

(6)

In conjunction with the tree warden, oversee the protection, maintenance, removal, and planting of trees on streets, in parks and in public places in the town, and oversee the protection and removal [of] significant trees.

(Ord. of 1-12-2016(2), § 18-7.7; Ord. of 6-8-2021(1))

Sec. 18-108. - Duties and responsibilities of the tree warden.#

(a)

Qualifications and appointment.

(1)

The tree warden shall be a person who has training and experience in arboriculture and is in possession of a state arborist license.

(2)

The tree warden shall be appointed by the town council at its regular meeting in January of each year. The town council's appointment shall be based on the candidate's qualifications.

(b)

Authority.

(1)

Jurisdiction. The tree warden, in conjunction with the tree commission, shall have the authority and jurisdiction to regulate, protect, maintain, remove, and plant trees on streets, in parks and in public places in the town, and to regulate and protect significant trees.

(2)

Conditions of permit. The tree warden shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this article.

(3)

Expenditures. The tree warden shall expend all sums, which shall be appropriated for inventorying, maintenance, planting, pruning and managing trees within public rights-of-way and public places.

(4)

Hazard control. The tree warden shall have the authority to enter onto public or private property to exercise the care and control of trees, where there is located a tree that is suspected to be a public hazard. Where circumstances permit, the property owner shall be given written notification on the intended entry at least forty-eight (48) hours in advance thereof.

(c)

Duties.

(1)

The tree warden shall plan, direct, regulate and control the protection, maintenance, removal, and planting of trees on public property and shall regulate and control the protection of significant trees.

(2)

The tree warden shall enforce the rules and regulations of the Warren Tree Ordinance Administrative Guidelines governing all trees covered by this article.

(3)

The tree warden shall formulate a master tree management plan with the assistance of the tree commission. The master tree management plan should include the inventory of existing public trees and shall specify the species of the tree to be protected, maintained, removed and/or planted on each of the streets, parks, and other public places.

(4)

The tree warden shall work in conjunction with civic groups, businesses, educational communities and citizens concerned with tree care, planting and preservation.

(5)

The tree warden shall evaluate and approve permits for the activities that may affect public trees and significant trees on private property and shall enforce all provisions of this article.

(Ord. of 1-12-2016(2), § 18-7.8; Ord. of 12-8-2020; Ord. of 6-8-2021(1))

Sec. 18-109. - Cooperation between local departments and public utilities.#

(a)

All municipal departments and boards (i.e. public works, building, zoning, recreation, planning, conservation, etc.) shall notify the tree warden or his/her designee of any applications for new curb, gutter, sidewalks or driveway installations, or other improvements which might require the removal of or cause injury to any public tree or any applications for new construction or renovation that might require removal of or cause injury to any significant tree, or interfere with the fulfillment of any provision of this article.

(b)

Any public utility maintaining overhead wires or underground pipes, shall comply with all aspects of this article. Said utility shall in no way injure, deface, prune, or remove any tree until their plans have been reviewed and approved by issuance of a permit by the tree warden.

(Ord. of 1-12-2016(2), § 18-7.9; Ord. of 6-8-2021(1))

Sec. 18-110. - Permit required.#

A permit shall be required but is not limited to planting, transplanting, pruning, applying chemicals, staking and/or guying, removing, or disturbing any public tree or any significant tree, or conducting any construction activities within the drip-line of a public tree or a significant tree on private property.

(Ord. of 1-12-2016(2), § 18-7.10; Ord. of 6-8-2021(1))

Sec. 18-111. - Permit standards.#

In determining whether or not a permit should be granted, the tree warden shall consider the following: (a)

The condition of the tree or trees with respect to its health and mechanical stability, danger of falling, and proximity to proposed structures and interference with utility services.

(b)

The number and density of trees in the area and the effect of tree removal on property values and other existing vegetation.

(c)

Whether any tree in question is a tree worthy of preservation.

(Ord. of 1-12-2016(2), § 18-7.11)

Sec. 18-112. - Permit procedure.#

(a)

A permit shall be a written document that authorizes the bearer thereof to perform the proposed work as outlined on such permit. The permit shall be issued only by the tree warden or his/her designee.

(b)

Any person, public utility or governmental agency desiring a permit, as required by this article, shall submit a written application to the department of public works. The application required herein shall identify the reason for the permit, the number of trees affected, and any other information the tree warden shall find reasonably necessary to a fair determination of whether a permit should be issued.

(c)

As a condition of permit approval, the applicant shall be required to comply with the arboricultural principals and practices of the Warren Tree Administrative Guidelines.

(d)

Upon approval or rejection of said application, the tree warden shall either issue said permit or notify the applicant of rejection of the application.

(e)

Pursuant to G.L. 1956, § 39-1.2, any person, public agency, or public utility responsible for removing and/or installing a tree shall notify Dig-Safe RI/call 811 at least seventy-two (72) hours, excluding Saturdays, Sundays, and holidays, but not more than thirty (30) days before commencing the excavation. Actual excavation must thereupon commence within thirty (30) days. Each public utility shall, upon receipt of each notice of excavation, mark within seventy-two (72) hours or, where applicable in accordance with G.L. 1956, § 39-1.2-12, re-mark within forty-eight (48) hours, the location of all underground facilities.

(f)

The tree warden shall be notified by the bearer of said permit upon satisfactory completion of the designated work.

(g)

Planting. The tree warden shall have the right to make the determination as to location, species, cultivar or variety, or caliper size of each proposed tree before issuing said permit.

(h)

Removal, replanting and replacement.

(1)

Wherever it is necessary to remove a public tree in connection with the paving of a sidewalk, or the widening of a portion of a street or highway, or other type of public improvement undertaken by the town, the town shall replace the tree by planting another within two (2) planting seasons or one (1) calendar year.

(2)

Whenever it is necessary for an entity other than the town to remove a public tree or trees, the tree warden shall require replacement of the removed tree(s) or financial reimbursement of the removed tree(s) as a condition of the issuance of the permit.

(3)

Such replacement shall meet the standards of size, species and placement as provided for in the permit issued by the tree warden. The quantity of the replacement tree or trees shall be based on the size in girth (i.e., caliper or DBH) of the damaged or destroyed tree. The species and planting location of the replacement tree or trees shall be determined by the tree warden. The permittee shall bear all the costs associated with the purchase and installation of the replacement tree or trees. The replacement value(s) shall be equal to the purchase and installation cost of the replacement tree multiplied by the quantity of replacement tree or trees as based on the size in girth (i.e., caliper or DBH) of the damaged or destroyed tree or trees. A check in the amount of the tree replacement value shall be made payable to the town and presented to the tree warden for deposit in the town tree fund where it shall be available for funding future public tree care activities.

(i)

Failure to comply with permit. If the tree warden determines that the permit holder has failed to comply with the terms of the permit and the plan set forth herein, the tree warden shall immediately serve upon the permit holder a notice to comply, which shall be sent by registered or certified mail to the address specified by the permit holder on his/her permit application. Such notice shall set forth specifically the measures needed to come into compliance with such permit and shall specify the time within such measures shall be completed. If the permit holder fails to comply within the specified time, the holder may be subject to revocation of the permit and fine as set forth in section 18-117.

(Ord. of 1-12-2016(2), § 18-7.12; Ord. of 12-8-2020; Ord. of 6-8-2021(1))

Sec. 18-112.1. - Tree removal.#

(a)

For non-hazardous trees removed from town land or on town rights-of-way or for removal of a significant tree, the tree warden shall attach to the public tree or at the property street frontage closest to the significant tree at least ten (10) business days before the scheduled date for removal, a notice stating the date of posting, the date of scheduled tree removal, the reason for the scheduled removal, and that an appeal of the scheduled removal may be made. No tree shall be removed before the date of scheduled removal.

(b)

The tree warden shall notify the chair of the tree commission before any tree is posted for removal, with such notification serving as notification to the tree commission.

(c)

If any person objects to the removal, that person may appeal in writing to the tree warden, who shall, together with the town manager, hold a public hearing at some suitable time and place after giving at least five (5) business days' notice of the hearing to the chair of the tree commission and all persons known to be interested and posting a notice of the meeting on the public tree or at the property street frontage closest to the significant tree.

(d)

Within three (3) business days after the hearing, the tree warden, after consultation with and approval of the town manager, shall render his or her decision granting or denying the appeal. No tree shall be removed unless both the town manager and the tree warden deny the appeal.

(Ord. of 12-8-2020; Ord. of 6-8-2021(1))

Sec. 18-113. - Appeals.#

Any action of the tree warden may be appealed to the town council.

To be effective, an appeal must be filed within five (5) business days after the decision of the tree warden. The appeal shall be in writing and shall be filed with the town council for placement on the council's agenda. The appeal shall clearly specify what adjustments are being requested, reasons such adjustments are being requested, reasons why such adjustments are warranted, and shall be accompanied with such supplemental data as is deemed necessary to substantiate the adjustment. The council may approve, modify, or deny the requested adjustment, based upon protection of public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in this case. The council shall act on the application and shall notify the applicant in writing within thirty (30) days. The decision of the council shall be final.

Nothing in this article shall be construed to limit the jurisdiction of any court of law with respect to such appeals.

(Ord. of 1-12-2016(2), § 18-7.13; Ord. of 12-8-2020)

Sec. 18-114. - Abatement of public hazard or nuisance.#

(a)

It shall be the duty of any person(s) owning or occupying real property bordering on any public street or thoroughfare, upon which property there may be trees, to prune in such manner that they will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or intersection so as to pose a threat to pedestrian and vehicular safety. The minimum clearance of any overhanging portion thereof shall be eight (8) feet over sidewalks, and twelve feet (12) over all streets and thoroughfares and/or at the discretion of the tree warden.

(b)

It shall further be the duty of any person owning or occupying real property upon which there may be tree(s), to prune, remove, or treat any tree(s) or part thereof which is in an unsafe condition or which, by reason of its nature, poses a threat to persons or public property, or is injurious to sewers or other public improvements or rights of way, or is afflicted with an injurious parasite, insect, or other pest so as to constitute a threat to the health and welfare to the public as well as that of the town's urban forest.

(c)

Notice to prune, remove, or treat tree(s) on private property.

(1)

Should any person owning real property bordering on any street or public thoroughfare fail to prune, remove or treat any tree(s) as herein provided above, the tree warden shall inform such person that corrective action shall be taken within a reasonable time, depending on the seriousness of the problem, upon receipt of a written notice from the tree warden.

(2)

The order required in this article shall be a written notice, served by certified mail, from the tree warden to the property owner at his or her last known address.

(3)

When a person to whom an order for tree care is directed fails to comply within a reasonable time, it shall be lawful for the tree warden to take such action as is necessary to insure public safety and that of the urban forest. A charge for services rendered will be assessed to the property owner and shall constitute a property lien in the event it remains unpaid.

(Ord. of 1-12-2016(2), § 18-7.14)

Sec. 18-115. - Authority of the tree warden to treat or remove trees on private property.#

(a)

The tree warden or his/her designee, under the power herein given, may cause or order to be removed, pruned, or treated, any tree or part thereof on private property which is in an unsafe condition so that it poses a threat to the public or public property or which by reason of its nature is injurious to sewers or other public improvements or rights of way, or is afflicted with an injurious fungus, insect, or other pest so as to constitute a threat to the health of the town's urban forest.

(b)

The tree warden or his/her designee shall have the power to enter upon any private property within the town to treat or cause order to be treated any tree infested with a parasite, insect or pest, when it shall be deemed necessary in his/her opinion to do so. Due notice shall be given to the property owner prior to any action.

(c)

It shall be unlawful for any person to hinder, prevent, delay or interfere with the tree warden or his/her designee, while engaged in the lawful execution of this article. This shall not be construed as an attempt to prohibit the purpose of any legal or equitable remedy in a court of competent jurisdiction.

(Ord. of 1-12-2016(2), § 18-7.15)

Sec. 18-116. - Prohibited activities.#

(a)

It shall be a violation of the provisions of this article for any person to abuse, mutilate, or destroy any tree on public property or any significant tree or to attach any wire, rope (except for supporting a broken tree or young sapling), sign, poster, vending machine, or to cause or permit any wire charged with electricity to be placed or attached to any public tree or significant tree with the exception of town sponsored holiday lighting or allow any gaseous, liquid, or solid substance which is harmful to such trees to come in contact with their roots, trunks, or leaves.

(b)

No person shall excavate any ditches, tunnels, or trenches or place any building material, excess dirt, or other debris, within the drip-line of any public tree without first obtaining a permit from the tree warden.

(c)

No person shall place, store, or maintain upon any public place any stone, brick, sand, dirt, concrete or any other materials or chemicals which may impede the passage of water, air, and nutrients to the roots of any public tree or significant tree except by valid permit of the tree warden.

(d)

Tree topping to reduce either the height or width of public trees shall be a prohibited activity in violation of this article.

(Ord. of 1-12-2016(2), § 18-7.16; Ord. of 12-8-2020; Ord. of 6-8-2021(1))

Sec. 18-116.1. - Preservation of significant trees.#

(a)

Eligibility for significant tree designation. The owner of real estate upon which an eligible tree is located may apply, on a voluntary basis, to the tree commission for a designation of such tree as a significant tree as herein defined.

Upon receipt of such application, the tree commission shall determine whether the tree conforms to the standards as defined herein. The tree commission shall issue a certificate of acceptance if it determines after a hearing on the application that the tree is a significant tree.

(b)

Restrictive covenants required. The owner of the significant tree shall grant to the town a recorded restrictive covenant that the significant tree shall remain and be protected in a manner which preserves the tree's health for a period equal to the tree's natural life. The tree warden or tree commission chair shall record said covenant in the land evidence records for the town.

(c)

Administration of the program. The tree commission shall draft all application and certificate of acceptance forms with the requirements of this program to conform to this article. The tree commission shall establish qualifying guidelines for the protection of significant trees, subject to approval of the Warren Town Council.

(d)

Removal of significant trees. No significant tree shall be removed without prior permission of the tree warden.

(1)

Application. Any person wishing to remove a significant tree shall file a request for a no-cost permit with the department of public works.

(2)

Required findings for approval. In order to grant permission to remove a significant tree, the tree warden, in consultation with the director of public works and the chair of the tree commission, must make one (1) or more of the following findings within ten (10) business days of receipt of the application:

The removal of the significant tree is unavoidable because the tree poses a danger to human safety, health, and welfare.

The significant tree is in poor health or diseased with an expected life span of less than two (2) years.

The significant tree is in danger of falling.

The significant tree acts as a host for a parasite to another species of tree that is in danger of being infested or exterminated by the parasite.

Removal of the significant tree is required for proposed construction and such removal is the sole means of completing the proposed construction based on plans prepared by an engineer, land planner, architect or landscape architect licensed by the State of Rhode Island.

(Ord. of 12-8-2020; Ord. of 6-8-2021(1))

Sec. 18-117. - Penalties for any violation.#

(a)

In the event a person abuses or destroys a public tree or a significant tree in violation of this section, the violator shall be responsible to undertake remedial actions that the tree warden, in consultation with the director of public works and the chair of the tree commission, determines to be reasonably necessary to protect public safety and property, and to help the tree survive the tree abuse damage.

(b)

If the natural habit of growth or mechanical stability is seriously compromised as determined by the tree warden, in consultation with the director of public works and the chair of the tree commission, the violator shall remove the abused tree and install a replacement tree.

(c)

Tree replacement criteria shall be consistent with that established in the Warren Tree Administrative Guidelines.

(d)

Replacement tree shall be installed on-site. In the event, the site cannot accommodate the replacement tree(s), the replacement tree(s) shall be installed on public lands approved by the tree warden. If no suitable public lands are located, the violator shall pay a replacement contribution into the town's planting fund. The replacement contribution will be determined using a schedule for current value of the replacement tree plus installation and maintenance as established by the tree warden.

(e)

Remedial actions and replacement required under this article shall be completed within sixty (60) days of notice from the town that such actions are required. The town may require the violator to immediately undertake remedial actions in the event the abused tree is an immediate threat to the public or property.

(Ord. of 1-12-2016(2), § 18-7.17; Ord. of 12-8-2020; Ord. of 6-8-2021(1))

Sec. 18-118. - Private tree care firms.#

To protect the public, the tree warden shall require any person who plants, maintains, prunes, cares for, or removes trees on public property or significant trees as a business to: (1)

Have on its staff a Rhode Island licensed arborist. This arborist shall oversee all contract work and certify that all the work complies with the Warren Tree Administrative Guidelines.

(2)

Carry workman's compensation to the extent required by law.

(3)

Carry public liability and property damage insurance in an amount as determined by the town manager to cover and save harmless the town and its agents from all suits, claims, or actions of every class and nature, or on persons or property damage caused by or claimed to be caused, directly or indirectly, by the conduct of the work.

(Ord. of 1-12-2016(2), § 18-7.18; Ord. of 12-8-2020; Ord. of 6-8-2021(1))

Sec. 18-119. - Exceptions—Waiver of chapter.#

In the event any tree shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare, or safety, and require immediate removal, pruning, or treatment without delay, verbal authorization may be given by the tree warden or director of public works, and such treatment as shall be required to remedy the situation shall be undertaken without obtaining a permit as herein required.

(Ord. of 1-12-2016(2), § 18-7.19; Ord. of 12-8-2020)

Sec. 18-120. - Emergencies.#

The requirements of this article may be waived by the town manager in the case of emergencies such as wind storms, ice storms, pest outbreaks, or other disasters so that they in no way, shall hinder private or public work to restore order in the town. This work shall follow maintenance standards as outlined by the tree warden, public works chief and other municipal officials involved with storm damage clean-up and repair.

(Ord. of 1-12-2016(2), § 18-7.20)