The text
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:
a.
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.
b.
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.
c.
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.
d.
The municipality shall not require any other municipal license, permit, easement or qualification from the utility performing an excavation pursuant to a permit hereunder.
e.
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:
a.
The municipality deems the failure to be an immediate hazard to the public; and
b.
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:
a.
Any subsurface traffic duct system; or
b.
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.
a.
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:
1.
Well graded gravel and sand;
2.
Poorly graded gravel and sand;
3.
Gravel-sand mixtures with a small amount of silt;
4.
Gravel-sand mixtures with a small amount of silt and trace amounts of clay.
b.
Unsuitable backfill materials consist of the following:
1.
Inorganic silts and clays;
2.
Organic silts;
3.
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.
a.
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).
b.
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.
c.
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.
a.
Backfill and compaction shall be performed in accordance with RI Highway Standards, § 301.03.2.
b.
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:
a.
Same day hot patch;
b.
Grind and inlay; or
c.
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:
a.
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.
b.
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.
c.
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.
a.
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.
b.
All excavation, backfilling, and compaction work associated with temporary patches shall be performed in accordance with these standards.
c.
Temporary patches shall be made with high-performance cold patch or type I, bituminous concrete to a minimum depth of two (2) inches.
d.
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.
a.
No more than fifty (50) percent of the front of the store shall be used for display purposes;
b.
The display area shall be no more than twenty-four (24) inches from the outside wall of the retail store;
c.
The goods, wares, or merchandise in the display area shall not exceed a height of six (6) feet;
d.
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.
e.
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.
f.
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.
g.
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:
a.
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.
b.
The proposed number of tables and seats for the outdoor seating area, as well as the menu offerings for the outdoor seating area.
c.
A site plan, showing the location of the proposed outdoor tables and seating.
d.
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)