Chapter 16 - STREETS AND SIDEWALKS

ARTICLE I. - IN GENERAL#

Sec. 16-1. - Street obstructions; obstructions generally.#

(a)

Obstructions generally. No person shall deposit, place or put or suffer to be deposited, placed or put by any person in his employ any goods, wares, firewood, coal, kettles, or merchandise or other obstructions on any street, highway, or sidewalk, except for loading or shipping the same or actually removing the same into or out of some building or enclosure or for loading the same into or loading the same out of some vehicle.

(b)

Depositing snow on highways, streets and sidewalks. No owner, lessee, or occupant of any premises or any person cleaning or removing snow therefrom shall deposit or cause to be deposited any snow from said premises upon any highway, street, sidewalk or other town property, except with the permission of the director of public works.

(Code 1970, § 16-1; Ord. of 6-8-1937; Ord. No. 2003-5, 3-4-2003)

State Law reference— Removal of obstructions, G.L. 1956, § 24-5-9.

Sec. 16-2. - Trains blocking streets.#

Pursuant to G.L. 1956, § 39-8-4, no railroad corporation, nor its servants or agents shall willfully or negligently obstruct or unnecessarily use or occupy a town way or street or grade crossing with cars or engines for more than five minutes at one time, and when a town way or street has been thus used or occupied with cars or engines, no railroad corporation shall again use or occupy the same with cars or engines until a sufficient time, not less than three minutes, has been allowed for the passage across the railroad of such travelers as were ready and waiting to cross when the former occupation ceased.

(Code 1970, § 16-2; Comp. Ords., ch. 42, § 21)

Sec. 16-3. - Safety precautions at excavations, obstructions.#

Whenever any excavation is made or any obstruction exists in any street or highway, the person having charge of such excavation or causing such obstruction shall cause warning signs to be placed across such street or highway; and whenever any trench, hole or excavation must of necessity remain after dark, the person making any such trench, hole or excavation or employing anyone so to do shall cause a sufficient light to be placed over or near the same, from sunset to sunrise, to give notice to all persons passing in or through such street or highway.

(Code 1970, § 16-3; Comp. Ords., ch. 31, § 4)

Sec. 16-4. - Congregating, obstructing traffic; loitering.#

All persons who shall obstruct any street, bridge, lane, sidewalk, passageway, or crosswalk in the town by congregating or standing thereon or therein, crowding, or otherwise obstructing the same to the annoyance or disturbance of the peaceful inhabitants thereof or passengers in or through such street, bridge, lane, passageway, crosswalk, or sidewalk shall be guilty of a violation of this Code.

(Code 1970, § 16-4; Comp. Ords., ch. 25, § 1)

Sec. 16-5. - Parades.#

No parade or procession shall occupy or march on any street to the exclusion or interruption of other persons in their individual right and use thereof, except police and fire departments, the organized militia, the organized naval forces, the independent chartered military organizations, the military and naval forces of the United States, associations wholly composed of soldiers, sailors or marines honorably discharged from the service of the United States, veterans of the national guard or naval militia, and organizations of the Order of the Sons of Veterans, unless written notice of the object, time, and route of such procession or parade is given by the chief officer thereof, not less than 24 hours previous to its forming or marching, to the chief of police of the town, and said chief of police may designate how much of the street in width and what portion thereof such procession or parade can occupy, with special reference to crowded thoroughfares on which such procession or parade may move, and when so designated, the chief officer of such procession or parade shall be responsible for obedience to the designation. The chief of police shall furnish such police escort as may be necessary to protect persons and property and maintain the public peace and order.

(Code 1970, § 16-5; Comp. Ords., ch. 37, § 1)

Sec. 16-6. - Ropes, wires, cords, etc., across public ways.#

Every person who shall with malicious intent draw, stretch or place any rope, line, wire, cord, or cordage of any description in or across any street, highway, sidewalk, or other public way in the town so as to endanger or annoy the public travel thereon shall be guilty of a violation of this Code.

(Code 1970, § 16-6; Comp. Ords., ch. 17, § 2)

Sec. 16-7. - Driving on closed streets.#

No person shall drive or cause to be driven any vehicle over that part of any street which is being mended, repaired, or paved, or any part of such street that is wholly closed to travel.

(Code 1970, § 16-7; Comp. Ords., ch. 37, § 1)

Sec. 16-8. - Substances likely to injure persons, animals, vehicles.#

No person shall put or place or cause to be put or placed in or upon any street or other public, travelled place in the town any glass, crockery, scrap iron, nails, tacks, or any other article liable to injure persons or animals or damage vehicles travelling thereon.

(Code 1970, § 16-8; Comp. Ords., ch. 18, § 1)

Sec. 16-9. - Dirt, ashes on streets.#

No person shall place or deposit on any of the public highways or streets of the town any ashes or dirt, except the surveyor of highways in his district or under his direction; provided, however, that nothing in this section shall be construed to prevent anyone from placing ashes or dirt on the sidewalks for the better protection and comfort of the citizens of said town.

(Code 1970, § 16-9; Comp. Ords., ch. 9, § 1)

Sec. 16-10. - Removal of snow from sidewalks.#

The occupant or any person having the use of any building or lot of land, whether said occupant is the owner, tenant, lessee, or sublessee, bordering on any street, square, or public place within the town where there is a sidewalk supported by a curb, shall, within the first four hours of daylight after the ceasing to fall of any snow, cause the same to be removed therefrom and in default thereof, shall be guilty of a violation of this Code for each and every hour after expiration of said four hours that the snow shall remain on said sidewalk. The provisions of this section shall also apply to the falling of snow from any building.

(Code 1970, § 16-10; Comp. Ords., ch. 50, §§ 1, 2)

State Law reference— Authority to provide for removal of snow, G.L. 1956, §§ 24-5-14, 24-7-1.

Sec. 16-11. - Removal of ice from sidewalks.#

Whenever the sidewalk or any part thereof adjoining any building or lot of land on any street shall be encumbered with ice, it shall be the duty of the occupant or any person having the use of such building or lot of land, whether the same is the owner, tenant, lessee, or sublessee, to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by covering the same with sand or some other suitable substance, and in case such occupant or any person having the use of any building or lot of land adjoining the sidewalk or any part thereof shall neglect so to do for a space of two hours during the daytime, he shall be guilty of a violation of this Code for each day thereafter that the same shall continue to be encumbered with ice.

(Code 1970, § 16-11; Comp. Ords., ch. 50, § 3)

State Law reference— Authority to provide for removal of snow and ice, G.L. 1956, §§ 24-5-14, 24-7-1.

Sec. 16-12. - Animals, vehicles on sidewalks.#

No person shall ride, drive or lead any animal, except dogs, or move or operate any vehicle upon any sidewalk of any public street, except carriages for the conveyance of children, unless for the purpose of necessarily crossing the same, or allow any animal, except dogs, belonging to him or under his care to stand on a sidewalk.

(Code 1970, § 16-12; Comp. Ords., ch. 50, § 4)

Sec. 16-13. - Distributing advertising.#

No person shall scatter or cause to be scattered any handbill, circular, program or advertising slip in or upon any street or sidewalk in the town, except by permission of the police chief.

(Code 1970, § 16-13; Comp. Ords., ch. 50, § 5)

Sec. 16-14. - Bicycles, skateboards, rollerskates, or roller blades on town property.#

(a)

Prohibited areas. The riding or use of skateboards, rollerskates, roller blades and bicycles is prohibited in the following locations:

(1)

The gazebo at Majestic Park;

(2)

Phenix Square; and

(3)

On parking lots or pedestrian areas of all town parks.

(b)

Penalties.

(1)

Adults. Any adult person found guilty of violating the provisions of this section shall, upon conviction, be punished by a fine of not more than $500.00 for any one offense, except that any person electing to appear before the clerk of municipal court and admitting the violation charged, or, in lieu of personally appearing before the clerk of the court, electing to admit the violation by mail to the clerk of the court, shall be punished by a fine of $500.00. However, for a second violation and any subsequent violation, a person electing to appear before the clerk of the municipal court and admitting the violation charged, or, in lieu of personally appearing before the clerk of the court, electing to admit the violation by mail to the clerk of the court, shall be punished by a fine of $100.00.

(2)

Juveniles. Any person under the age of 18 years cited for this provision shall be summoned to the juvenile hearing board. The board, upon a finding of guilt, may impose community service for an amount of time that the board shall deem appropriate, not to exceed 50 hours per offense. In certain cases, after review, in lieu of referral to the juvenile hearing board, cases may also be referred to the family court.

(Code 1970, § 16-14; Comp Ords., ch. 2, § 1; Ord. No. 2005-19, 12-6-2005, eff. 12-28-2005; Ord. No. 2009-14, 11-17-2009)

Sec. 16-15. - Coasting, sledding.#

No person shall slide or coast on any sled, machine or other vehicle whatever for amusement in any public streets or ways in the town.

(Code 1970, § 16-15; Comp. Ords., ch. 5, § 1)

Sec. 16-16. - Loitering, climbing on bridges.#

Whoever shall stand, loiter or remain on any public bridge in the town to the annoyance of passersby or of persons residing or doing business in the vicinity of such bridge or shall climb upon any part of the structure of such bridge without lawful cause therefor shall be guilty of a violation of this Code.

(Code 1970, § 16-16; Comp. Ords., ch. 14, § 1)

Sec. 16-17. - Throwing balls, other missiles.#

The playing of ball, practicing with balls or the throwing of balls, stones, or other missiles in the public streets and highways of the town is hereby prohibited.

(Code 1970, § 16-17; Comp. Ords., ch. 19, § 1)

Sec. 16-18. - Removing, injuring bounds, monuments.#

Any person who shall wantonly break down, injure, remove, mar, or destroy any monument or other memorial erected for the purpose of designating the boundaries of any street or any tree, stake or other thing marked for that purpose, or break down, injure, remove, mar, or destroy any milestone or mile board erected upon a highway or turnpike, or wantonly deface or alter the inscription on any such stone, board or tree, shall be guilty of a violation of this Code.

(Code 1970, § 16-18; Comp. Ords., ch. 21, § 1)

Sec. 16-19. - Noncompliant house numbering.#

Any owner or occupant of a building who for more than one month after notice from the building official neglects or refuses to affix to or inscribe on such building the street number lawfully designated therefor, or who affixes or causes to be affixed to such building or inscribes or causes to be inscribed thereon or retains thereon for more than one month after notice from said building official a street number other than the one so designated shall, upon conviction, be fined in accordance with the general penalty in section 1-12.

(Code 1970, § 16-19; Ord. of 8-28-1978)

Sec. 16-20. - Order to lay sidewalk; notice and hearing.#

(a)

Whenever the town council shall determine by its vote that a sidewalk shall be made and laid in and upon any street or highway in the town, it may order the sidewalk to be made and laid upon like notice to the abutting landowner, as is provided in G.L. 1956, § 24-3-23. At the same time and place named in the notice, the town council shall proceed to hear all the parties and to make and pass an order in reference to the making and laying of the sidewalk as it may think proper.

(b)

The construction of sidewalks and curbs to be owned by the town and the maintenance of all sidewalks and curbs owned by the town shall be in compliance with all state regulations promulgated by the director of transportation pursuant to G.L. 1956, § 42-13-1(b) specifically, but not limited to 290 CRIR 30-00-2, Rules and Regulations Regarding the Accessibility of Sidewalks for People Who Are Disabled.

Sec. 16-21. - Division and collection of costs between town and landowners.#

(a)

Whenever any sidewalk in and upon any street or highway shall be ordered made and laid as provided in section 16-20, the town council may assess the owners of the land abutting on the sidewalk an amount not to exceed one-half the costs thereof to be set against their respective lands, and the town shall pay the balance of the costs thereof.

(b)

Costs of the sidewalk shall be ascertained by the director of the department of public works (DPW) for the town and shall be submitted by the director to and be approved by the town council, and thereafter the director shall demand the costs from the abutting landowner, and if the owner shall neglect and refuse to pay the costs, the director shall certify the costs so ascertained and approved to the assessors of taxes for the town, and the assessors shall include the cost of making and laying the sidewalk in the next assessment of taxes for the town against the land or the owner thereof.

Sec. 16-22. - Appeal of assessment.#

Whenever any abutting landowner shall deem himself aggrieved by the assessment of any tax for the making and laying of any sidewalk, the landowner may appeal therefrom according to provisions of law with reference to appeals from town councils as provided in section 18-31 and G.L. 1956, § 44-4.1-8.

Sec. 16-23. - Judgment and costs on appeal.#

If the person appealing from any assessment of taxes for the making and laying of any sidewalk shall fail to have the taxes reduced on appeal, he shall be adjudged to pay the costs of suit, and the collector of taxes in the town may proceed to collect the taxes as if the appeal had not been taken, but if the appellant shall succeed in having the tax reduced, the appellant shall recover costs, and the collector of taxes shall collect from the appellant only so much of the tax as shall have been found on appeal to be due from the appellant.

Sec. 16-24. - Penalties for violation of regulations.#

The town council may prescribe and impose penalties for the violation of the ordinances and regulations herein provided for not exceeding an amount of $20.00.

Sec. 16-25. - Sidewalks along state highways.#

Nothing in this chapter shall be held to oust the state of jurisdiction over any such sidewalks and curbing as may be made, laid, or constructed upon state highways within a town, but no sidewalks or curbing on state highways shall be made, laid, or constructed without the approval of the director of transportation first being had and obtained as to the feasibility, location, type, and time of construction.

Secs. 16-26—16-53. - Reserved.#

ARTICLE II. - DRIVEWAYS AND CURB CUTS#

Sec. 16-54. - Permit required to remove, change curb.#

It shall be unlawful for any person to remove or change any curb now or hereafter existing within the town without first having obtained a permit from the town department of public works (DPW), or the state department of transportation (DOT).

(Code 1970, § 16-29; Ord. of 4-8-1941; Ord. No. 2020-12, 9-15-2020)

Sec. 16-55. - When permits prohibited.#

A permit will not be granted for curb cuts within 20 feet of the intersection of property lines at street corners, nor for curb cuts for a driveway wider than 25 feet or steeper than a 1:8 slope from the bottom of the present curb.

(Code 1970, § 16-30; Ord. of 4-8-1941)

Sec. 16-56. - Island between driveways.#

There shall be an island between two driveways leading to a single piece of property with not less than 16 feet of uncut curb, exclusive of the 1:8 slope on either end.

(Code 1970, § 16-31; Ord. of 4-8-1941)

Sec. 16-57. - Driveway proximity to property lines.#

No driveway shall be located less than six feet from any property line.

(Code 1970, § 16-32; Ord. of 4-8-1941)

Sec. 16-58. - Plan required; supervision.#

A plat or plan containing all information required by DPW and/or DOT showing the location of a driveway shall accompany all applications for permits to cut curbs on highways. All work shall be done under the supervision of the director of the DPW (or, on state roads, the DOT).

(Code 1970, § 16-33; Ord. of 4-8-1941; Ord. No. 2018-18, 6-5-2018; Ord. No. 2020-12, 9-15-2020)

Sec. 16-59. - Waiver of restrictions on location and dimensions of driveways.#

(a)

The restrictions relating to the location and dimensions of driveways as established in sections 16-55 through 16-57 may be waived by the director of the DPW upon application for such waiver by the property owner when such a waiver of the restrictions is deemed by the director of the DPW to be in the interest of public safety and when one or more of the following conditions exist:

(1)

The existing driveway is closer than six feet to the adjoining property line;

(2)

The proposed plan provides for a reduction of the number of driveways entering from a parcel of land onto a public road; or

(3)

The existing driveway is wider than the maximum 25 feet.

(b)

In the event the director of the DPW shall deny the application for waiver, the property owner may appeal such decision to the town council. The town council may grant such waiver, after public hearing, upon receipt of information and proof submitted by the property owner that such waiver would not adversely affect public safety and that one or more of the above-required conditions in subsection (a) of this section have been met.

(Code 1970, § 16-34; Res. No. 98-11, 1-21-1998; Ord. No. 2020-12, 9-15-2020)

Sec. 16-60. - Curb cut permit fee.#

A fee as shall be set from time to time by resolution of the town council shall be paid with the filing of an application for curb cut approval.

(Code 1970, § 16-35; Ord. No. 2013-46, 10-1-2013)

Secs. 16-61—16-78. - Reserved.#

ARTICLE III. - POLES AND WIRES#

Footnotes:

--- (1) --- State Law reference— Authority to regulate poles and wires, G.L. 1956, § 45-6-1.

Sec. 16-79. - Permission required; agreement to comply.#

No wire to be used for conducting currents of electricity shall be placed in, over, or under any street, square, lane, or highway in the town without permission of the town council, nor until the person placing or maintaining the same shall have filed with the town clerk a written agreement accepting and promising to abide by and perform all the conditions and provisions of all ordinances.

(Code 1970, § 16-44; Comp. Ords., ch. 20, § 1)

Sec. 16-80. - Application for permission.#

Every application to the town council for permission to place and maintain poles and electrical wires in, over, or under any highway shall state the intended location of such wires and poles and the purpose for which such wires are to be used, and shall be accompanied by a plat showing the location of said wires and poles.

(Code 1970, § 16-45; Comp. Ords., ch. 20, § 2)

Sec. 16-81. - Installation, location of wires.#

All wires, when placed above the surface of the ground, shall be located upon such portion of the highway and suspended from such supports and attachments as shall be approved by the town council or a committee thereof. Wires conducting currents for electric lighting and for the transmission of power and wires conducting telegraphic, telephonic, and other low-tension current, when such wires run parallel with each other, shall not be located on the same side of any street.

(Code 1970, § 16-46; Comp. Ords., ch. 20, § 3)

Sec. 16-82. - Multiple use of poles.#

All persons and corporations maintaining wires within the town for conducting electric current shall permit any other person or corporation to suspend from such poles wires for conducting electric currents and also to place lamps on any poles whenever the town council shall so direct and upon such reasonable conditions, terms, and remuneration as the town council may approve as prescribed.

(Code 1970, § 16-47; Comp. Ords., ch. 20, § 4)

Sec. 16-83. - Revocation of permission; removal of poles, wires.#

Permission by the town council to erect or maintain poles or wires may be revoked in whole or in part at any time and any of said poles or wires may be removed by said town, its officers, agents, or servants from time to time or at any time without notice.

(Code 1970, § 16-48; Comp. Ords., ch. 20, § 5)

Sec. 16-84. - Protection of town from liability.#

Every person erecting, maintaining or using poles or wires for the transmission of electricity shall indemnify and save harmless the town, its officers, agents, and servants from and against all lawful claims and demands for injuries to persons or property occasioned by the existence of such poles or wires or the transmission of electric currents by means thereof.

(Code 1970, § 16-49; Comp. Ords., ch. 20, § 6)

Secs. 16-85—16-111. - Reserved.#

ARTICLE IV. - EXCAVATIONS#

Sec. 16-112. - Permit required.#

It shall be unlawful to take up any pavement, dig any trench or hole, or make any other excavation within the lines of any street or public highway in the town without first having obtained a permit therefor from the director of public works. State roads within the town will require a permit from the state department of transportation. The fee shall be paid by the applicant for such permits and will be in the amount as shall be set from time to time by resolution of the town council. The permit fee includes administrative costs, inspections as necessary, and all other associated costs. Agencies and departments of the town will be exempt from all fees established by this article. There will be no fee for an existing property owner improving or installing curb or sidewalks.

(Code 1970, § 16-61; Ord. of 5-3-1994; Res. No. 2000-153, 7-11-2000; Ord. No. 2013-46, 10-1-2013; Ord. No. 2018-18, 6-5-2018)

Sec. 16-113. - Penalty for excavation without permit.#

Any person, firm, or corporation who shall take up any pavement or dig any trench or hole or any other excavation within the lines of any street or public highway in the town without having first obtained a permit therefor as provided in section 16-112 shall be fined the sum of $1,500.00 per day until such permit is obtained. All other violations of this article shall be subject to a penalty as provided in section 1-12.

(Code 1970, § 16-62; Ord. of 5-3-1994)

Sec. 16-114. - Application required; agreement to comply and protect town.#

Whenever the convenience of any person requires the taking up of any pavement, the digging of any trench or hole, or the making of any other excavation within the lines of any street or public highway in the town, he shall make written application for a permit therefor to the director of public works or state department of transportation, setting forth the location and nature of the work to be done. Said application shall contain an agreement to comply with the regulations of this article and to hold the town harmless from any damage or loss sustained by said town on account of injuries or property damages suffered by persons using said highways due to the existence of such excavation or the failure of such applicant to comply with the regulations of this article. In addition, the applicant shall provide proof to the director of public works that he has complied with all rules and regulations as may be adopted by the department of environmental management from time to time regarding such excavation.

(Code 1970, § 16-63; Ord. of 5-3-1994; Ord. No. 2018-18, 6-5-2018)

Sec. 16-115. - Bond required.#

(a)

Applicants other than utilities. The applicant for each permit hereunder shall file a bond with the town clerk running to the finance director conditioned upon the faithful performance of the above agreement, with two sureties satisfactory to the department of public works and the finance director, or, in lieu thereof, with a surety company authorized to do business in this state. The finance director for the town, in his sole discretion, in order to protect and promote the public health, safety and well-being of the town and its residents, shall determine and approve the amount of the bond to be required by the applicant. However, in all events, any such bond shall be in a minimum penal sum of no less than $5,000.00. For road openings greater than 50 feet as outlined in section 16-121, the minimum bond requirement shall be $10,000.00.

(b)

Regulated utilities. Any business or utility that is regulated by the state public utilities commission will be exempt from requirements to file bonds.

(Code 1970, § 16-64; Ord. of 5-3-1994; Res. No. 2000-153, 7-11-2000)

Sec. 16-116. - Insurance required.#

The applicant for each permit hereunder shall provide proof of insurance to the director of public works under the following categories, as applicable: (1)

General liability insurance. The applicant is to provide proof of general liability insurance coverage in a sum to be determined and approved by the director of public works for the town, but in no event in a sum less than $500,000.00, for which the town is to be named as an additional insured and certificate holder. The applicant must also provide the town with details of the coverage provided.

(2)

Professional liability insurance. Where applicable, the applicant is to provide proof of professional liability insurance coverage in the sum of $1,000,000.00 for professional services which may be rendered in connection with each excavation project, including, but not limited to, the professional services rendered by engineers and architects.

(3)

Workers' compensation insurance. The applicant must supply proof of workers' compensation insurance coverage, which proof shall include the expiration date of such coverage.

(4)

Hazardous/environmental insurance. In the event such excavation project is to include demolition and/or the use of explosives or other hazardous or dangerous materials or methods of excavation, the applicant must provide proof of hazardous or environmental insurance coverage. Said coverage shall be in a sum which the director of public works shall determine to be sufficient in order to protect the health, safety and well-being of the town and its residents.

(Code 1970, § 16-65; Ord. of 5-3-1994; Res. No. 2000-153, 7-11-2000)

Sec. 16-117. - Issuance of permit; inspection of site before work.#

Upon compliance with the above provisions, the applicant shall be granted a permit in writing by the director of public works to make excavations as set forth in his application, and the director of public works may examine such street or highway before it is broken up.

(Code 1970, § 16-66; Ord. of 5-3-1994)

Sec. 16-118. - Consent of director of public works.#

Every person who shall dig, make, or construct any ditch, drain, or watercourse in or across any public street, highway, lane, or sidewalk or other public way within the town or shall cause or procure the same to be done, excepting by order, consent, or direction of the director of public works for such district, shall be guilty of a violation of this Code and shall be subject to the fines as set forth in section 16-113 herein.

(Code 1970, § 16-67; Ord. of 5-3-1994)

Sec. 16-119. - Repair of excavations.#

Any person making an excavation that has been approved by the director of public works shall, immediately upon closing of the excavation, repair the entire area of the excavation to the satisfaction of the director of public works. Any settlement of earth over an excavation in any street or public way occurring within one year of the closing of the trench shall be repaired within five days after written notice from the director of public works to his satisfaction and at the expense of the person making the excavation.

(Code 1970, § 16-68; Ord. of 5-3-1994; Res. No. 2000-153, 7-11-2000; Ord. No. 2012-11, 9-4-2012)

Sec. 16-120. - Authority of director of public works to make regulations.#

The director of public works may promulgate such regulations as are necessary regarding methods to be employed in making excavations and methods and materials to be employed in repairing excavations.

(Code 1970, § 16-69; Ord. of 5-3-1994)

Sec. 16-121. - Road openings over 50 feet.#

(a)

All roads surrounding areas that were disturbed shall be repaired to as good or better condition as prior to the excavation.

(b)

Any road opening over 50 feet in length shall require a greater permit fee and hourly rate for inspection services in an amount as determined by resolution by the town council from time to time. Anticipated inspection time will be pre-established and the applicant will provide a certified check to be deposited and used as a draw down to cover inspection costs. The unexpended balance will be returned to the applicant upon completion of the work. Any road opening over 50 feet in length shall also require curb-to-curb repaving under the direction of the public works director.

(Code 1970, § 16-70; Ord. of 5-3-1994; Res. No. 97-19, 1-21-1997; Res. No. 2000-153, 7-11-2000; Ord. No. 2012-11, 9-4-2012)

Sec. 16-122. - Miscellaneous work and restoration.#

(a)

The town will submit to each of the public utilities, in June of each year, a forecast of roads which the town intends to restore during the following calendar year.

(b)

If a road is on the town's road restoration forecast set forth in subsection (a) of this section and a utility plan to work on such road and the town agrees, the utility will perform its work prior to the town's road restoration. In such event, the utility will not perform a permanent restoration and the utility will not make any payment to the town.

(c)

The public utilities will submit to the town their listing of planned roadwork in the town within 60 days of receipt of the town's forecast of road restoration for the next year.

(d)

There shall be a three-year moratorium on road openings for any newly restored paved roads, except in cases of emergencies, work that is mandated by the state or federal government, and for the installation of new services; provided, however, that the town has given notice of the planned road restoration work pursuant to subsection (a) of this section.

(e)

Permanent restoration work performed by the public utility, with the exception of temporary patches, shall be guaranteed for a period of five years. Such guarantee shall not apply where the surrounding road conditions cause the restored area to deteriorate.

(Code 1970, § 16-72; Res. No. 2000-153, 7-11-2000)

Sec. 16-123. - Emergencies.#

In the event an emergency exists after normal business hours requiring an excavation as defined by this article, said excavation may be made; provided, however, that a permit is applied for as soon as possible and that all regulations regarding the making and repairing of excavations are complied with.

(Code 1970, § 16-73; Ord. of 5-3-1994; Res. No. 2000-153, 7-11-2000)

Secs. 16-124—16-144. - Reserved.#

ARTICLE V. - ROAD NAMING AND NUMBERING SYSTEM#

Sec. 16-145. - Parties affected.#

All primary buildings and roads within the boundaries of the town shall hereafter be identified according to the uniform road naming and numbering system as herein contained, as adopted or amended by the town council pursuant to its authority as outlined in section 407 of the Charter.

(Code 1970, § 16-80; Ord. No. 2006-23, 10-17-2006)

Sec. 16-146. - Definitions.#

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Entrance means the primary doorway or other principal entrance to a building accessible by the general public.

Primary building means each building which fronts on a road; provided, however, it shall not include accessory structures located adjacent to a building.

Road means any highway, road, street, avenue, lane, private way, or similar paved, gravel, or dirt thoroughfare.

(Code 1970, § 16-81; Ord. No. 2006-23, 10-17-2006)

Sec. 16-147. - Naming system.#

(a)

All roads that serve two or more primary buildings shall be named regardless of whether the ownership is public or private, including any road within a condominium development. A road name assigned by the town shall not constitute or imply acceptance of the road as a public way. Request for separate or individual naming of a road or changing the name of a road must be presented in writing and reviewed and approved by the technical review committee. No road name shall be recorded or used for any purpose without such technical review committee approval.

(b)

A uniform road naming system has been developed for all roads based upon the following process:

(1)

There shall be no duplication of road names within the town.

(2)

Road names shall not sound alike (e.g., Beach and Peach, Lynwood and Linwood).

(3)

The use of directional words such as north, south, east, and west (e.g., West Pine Street) shall be discouraged (used only when absolutely necessary).

(4)

Road names shall not be differentiated solely by their suffix (e.g., Pine Place, Pine Lane, and Pine Avenue).

(5)

Each road shall have only one name along its entire length.

(Code 1970, § 16-82; Ord. No. 2006-23, 10-17-2006; Ord. No. 2021-5, 3-16-2021)

Sec. 16-148. - Road name type designations.#

The owner/developer/applicant shall have regard to the roadway function, length, and configuration to determine the road type designation.

Table 16-148

Criteria for Road Type Designation Road Type Designation Criterion

Street, avenue, road, boulevard, drive Applicable to all major thoroughfares or roads of four or more blocks in length.

Trail, way Applicable to roads which are winding or curved in nature.

Terrace, gardens, grove, pathway, heights, walk Applicable to minor or short length roads of ten or fewer primary buildings.

Lane Applicable to all narrow roads generally used for service or private roads (e.g., a driveway used to access one or more primary buildings not fronting a road).

Crescent Applicable to roads forming a crescent.

Circle Applicable to roads that are circular in nature.

Square Applicable to roads that form part of a square.

Court, place Applicable to roads that form a cul-de-sac.

Hill Applicable to roads that have noticeable slopes throughout the majority of their length.

(Code 1970, § 16-83; Ord. No. 2006-23, 10-17-2006)

Sec. 16-149. - General numbering system.#

(a)

All roads shall be numbered; odd numbers shall be assigned to the right side of the road and even numbers to the left side of the road.

(b)

The following criteria shall govern the numbering system:

(1)

All number origins shall begin from the intersection of the primary or secondary through road or crossroad.

(2)

For dead-end roads, numbering shall originate at the intersection of the adjacent road and terminate at the dead-end.

(c)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Apartment house means a residential building with more than three units in which the rooms are arranged and rented as apartments. Apartment houses shall be numbered as follows: the apartment house shall be given one road number, and each individual apartment shall be given an apartment number. For example, 21 Elm Street, Apartment 1, 21 Elm Street, Apartment 2, etc.

Combined commercial and apartment complex means a building used for commercial use in which there may also be apartments. Each building shall be given its own road number; each commercial unit shall be given its respective unit or suite number; and each apartment shall be given its respective apartment number. At no time shall any unit or apartment in the same building be given the same number. For example, 58 Elm Street, Unit 1, 58 Elm Street, Unit 2, 58 Elm St., Apartment 3, etc.

Commercial complex means a building used for commercial or industrial use. Each building shall be given its own road number and each unit within that building shall be given its own unit or suite number. For example, 111 Elm Street, Suite 1. Where there are multiple roads in a complex, each road shall be given a road name, and each building shall have its own road number. In the case of commercial condominiums, each unit in a building shall have its own unit number, and further subdivisions shall be given a letter. For example, 113 Elm Street, Unit 3, 113 Elm Street, Unit 3A, etc.

Duplex house means a dwelling consisting of two separate family units which are separated by a one-hour fire rated construction. Each family unit shall be given its own road number.

Residential condominium complex apartment style means a building with individually owned units. Each condominium road shall be given a street name. Apartment style condominiums shall be numbered as follows: the condominium building shall be given one road number and each individual unit shall be given a number. For example, 21 Elm Street, Unit 1, 21 Elm Street, Unit 2, etc.

Residential condominium complex townhouse style means a building with individually owned units. Each condominium road shall be given a street name, and each condominium within the complex shall be given its own street number. For example, 62 Elm Street.

Single-family dwelling means a detached one-family house that shall be given its own road number. For example, 44 Elm Street.

Single-family dwelling with in-law apartment means a primary residence with an accessory apartment. The primary residence shall be given a road number, and the accessory apartment shall use that road number.

(Code 1970, § 16-84; Ord. No. 2006-23, 10-17-2006)

Sec. 16-150. - Compliance.#

All owners of primary buildings shall display and maintain the assigned numbers in the following manner: (1)

Number on the primary building. Where the primary building is within 50 feet of the edge of the road right-of-way, the assigned number shall be displayed on the front of the residence or structure near the front door or entry, clearly visible from the road. The preferred location is on the (right or left) of the doorknob side of the entrance door, no less than 36 inches and not higher than 72 inches from ground level, and no further than 16 inches from the edge of the door, unless otherwise approved.

(2)

Number at the road line. Where the residence or structure is over 50 feet from the edge of the road right-of-way, the assigned number shall be displayed on a post, fence, wall, mailbox, or other structure at the property line next to the walk or access drive to the residence or structure. The post, fence, wall, mailbox, or other structure shall be no more than five feet from the edge of the road, and the numbers shall be mounted no less than 36 inches and not more than 72 inches from ground level. Numbers shall be posted on both sides of the marker used. All weeds and plantings shall be kept clear and numbers shall be clearly visible.

(3)

Size and color of number.

a.

The numbering shall be a minimum of four inches in height and of a color that is a visible contrast to the surface upon which it is mounted.

b.

All displayed street numbers shall be in Arabic form (i.e., 0, 1, 2, 3, 4, 5, 6, 7, 8, 9).

c.

Every person whose duty it is to display the assigned number shall remove any different number that might be mistaken for or confused with the number assigned in conformance with this article.

(4)

Interior location. All residents and other occupants are requested to post the assigned number and road name adjacent to their telephones for emergency reference.

(5)

Compliance deadline. Compliance shall be required within 30 days of either the effective date or receipt of notification from the town regarding structure numbering.

(Code 1970, § 16-85; Ord. No. 2006-23, 10-17-2006)

Sec. 16-151. - Enforcement.#

The town building official shall have the primary responsibility for the implementation and enforcement of this naming and numbering article in conjunction with the E-911 coordinator/liaison, who shall be the fire department director of communications.

(Code 1970, § 16-86; Ord. No. 2006-23, 10-17-2006)

Sec. 16-152. - Penalty.#

(a)

Any property owner who fails to comply with any relevant provision of this article within 30 days of the mailing date of the notification of road naming and numbering assignment shall be guilty of a violation with a penalty of not more than $50.00 for each day of noncompliance.

(b)

Any property owner who shall affix to or display upon a structure any number other than that assigned to it pursuant to this article shall be guilty of a violation with a penalty of not more than $100.00 for each day of noncompliance.

(c)

Property owners in noncompliance shall be notified by certified mail and given up to 30 days from the post date to comply with this article before penalty is enforced and begins to accrue. The penalty will continue to accrue until the violation ceases.

(d)

This section shall not apply to the display of date of origin numbers for historic buildings, provided that they are displayed so as to not be confused with the display of the assigned road numbers.

(Code 1970, § 16-87; Ord. No. 2006-23, 10-17-2006)

Sec. 16-153. - New developments and subdivisions.#

All new developments and subdivisions shall be named and numbered in accordance with the provisions of this article and as follows: (1)

New developments. Whenever any residence or primary building is constructed or developed, it shall be the duty of the new owner to procure an assigned number from the building department. This shall be done at the time of the issuance of the building permit.

(2)

New subdivisions. Any prospective subdivider shall show a proposed road name and lot numbering system on the preapplication submission to the planning board. Approval by the planning board and the technical review committee shall constitute the assignment of road names and numbers to the lots in the subdivision. The technical review committee shall consist of the building official, fire chief, police chief, highway director, town engineer, town planner, town clerk and the E-911 coordinator/liaison.

(Code 1970, § 16-88; Ord. No. 2006-23, 10-17-2006)

Sec. 16-154. - Street signs.#

(a)

The town shall institute a program for the installation and maintenance of road name signs in accordance with the names established by this article.

(b)

All road signs shall be installed and maintained by the town fire department fire alarm division to the highest degree possible allowed by budget considerations.

(c)

The fire chief shall appoint a chief officer and his designee to assist the fire alarm division in the implementation of road sign installation.

(d)

The initial expense of street sign installation shall be the responsibility of the developer of the subdivision or development. The fire department shall provide each developer with a cost account for the installation of street signs, which shall include all expenses related to said installation.

(e)

The normal installation of street signs is attachment to utility poles. Where a development does not have utility poles, such as the case with underground utility construction, the street signs shall be installed by the developer at the direction and satisfaction of the fire department.

(Code 1970, § 16-89; Ord. No. 2006-23, 10-17-2006)

Sec. 16-155. - Appeals.#

Any property owner aggrieved by the implementation or administration of the provisions of this article may appeal in writing to the zoning board of review. All appeals shall be in written form to the zoning board of review, setting forth the basis for the appeal, and said board shall act upon the appeal within 60 days from the date of receipt.

(Code 1970, § 16-90; Ord. No. 2006-23, 10-17-2006; Ord. 2008-15, 9-16-2008)