TITLE 12 STREETS, SIDEWALKS AND PUBLIC PLACES

 

                                   12.04               Assemblies.

                                   12.14                 Acceptance of streets into town highway system.

                                   12.16                 Road excavation.

                                   12.18                 Protection of trees on town property.

 

 

 

Chapter 12.04 ASSEMBLIES

 

12.04.010        On public property – Permission required

           

12.04.010  On public property – Permission required. No highways or public lands shall be used for assemblage, or public or private gatherings, without permission being first granted by the town council. 

(Ord. dated 9-14-59, § 1; Ord. dated 12-6-05)

 

 

 

            Chapter 12.14 ACCEPTANCE OF STREETS INTO TOWN HIGHWAY SYSTEM

 

            12.14.010        Eligibility for inclusion into town highway system.

            12.14.020        Standards for street construction.

            12.14.030        Application procedure.

            12.14.040        Agreement for repayment.

            12.14.050        Construction and acceptance of street.

 

12.14.010  Eligibility for inclusion in town highway system.  Owners of land fronting on an existing street, lot, or portion of a lot or lots used as a means of access to their property that has not been accepted into the town highway system may apply to the town council for acceptance of that access into the town highway system pursuant to title 24, chapter 1 of the general laws, provided that:

 

A.  The application is signed by seventy-five percent (75%) of the owners of land with frontage on the access; and

 

B.  The access abuts, or can be connected to, a town highway or a state highway, and

 

C.  The applicants pay the cost of improving the access to town street standards.

(Ord. dated 12-6-05)

 

12.14.020  Standards for street construction.  The standards and specifications for street construction shall be those provided in the land development and subdivision regulations, as amended.

(Ord. dated 12-6-05)

 

12.14.030  Application procedure.

A.  Upon receipt of an application, the town council shall refer the application to the planning board and to the public works director. The planning board shall provide the town council with a written recommendation of the standards for street construction, based on the requirements of the land development and subdivision regulations. The public works director shall make a recommendation to the town council on the merits of the application.

 

B.  The town council shall determine the appropriate construction standards for the access, and shall direct the public works director to prepare bid specifications and obtain written bids from three vendors for the specified improvements in accordance with Chapter 2.30 of this Code.

 

C.  The town council shall forward all three written bids to the applicants.

(Ord. dated 12-6-05)

 

12.14.040  Agreement for payment.  The town and the applicants shall enter into a written agreement that includes the following provisions:

 

A.  That the applicants shall agree to repay the town for the installation of the improvements; the cost of engineering required, including street design; and all costs associated with any necessary federal, state or local permits. The town shall finance the cost of the improvements if the applicants so request. The duration of the repayment period shall not exceed fifteen (15) years, and interest charged to the applicants shall not exceed the prime rate on the date of the agreement. All of the terms of any financing agreement shall be contained in the written agreement for repayment.

 

B.  That each property owner on the access, whether or not he or she is an applicant, shall pay for part of the street improvement in proportion to the amount of frontage that property owner owns on the access.

 

C.  That the repayment agreement shall be binding on the property owner’s heirs and assigns.

 

D.   That the repayment obligation shall create a tax lien against the property until fully repaid, and that the tax lien may be collectable according to the provisions of Title 44, Chapter 9 of the R.I. General Laws, as amended.

 

E.  That each property owner shall deed to the town all of the property the town deems necessary to construct or improve the street.

 

F.  That during construction or improvement of the street, the town and its agents and servants shall be entitled to enter upon and use those portions of the property of the abutting property owners as is necessary to construct or improve the street, without payment of compensation to the property owner. 

(Ord. dated 12-6-05)

 

12.14.050  Construction and acceptance of street.  The agreement described in section 12.12.040 shall be recorded in the Richmond land evidence records. Upon recording of the agreement, the town shall contract for the street construction or improvement. After a determination by the public works director that the construction or improvement has been completed according to specifications, the town council shall accept the street into the town highway system, and the town shall thereafter be liable for the maintenance of the street.

(Ord. dated 12-6-05)

 

 

            Chapter 12.16 ROAD EXCAVATION

 

            12.16.010        Permit required.

            12.16.020        Contents of application.

            12.16.030     Bond required – Conditions.

            12.16.040        Indemnification and insurance coverage required.

            12.16.050        Issuance – Contents.

            12.16.060        Scope of permit.

            12.16.070        Conformity to regulations.

            12.16.080        Revocation of permit.

            12.16.090        Safeguards.

            12.16.100        Backfilling.

            12.16.110        Public travel and convenience.

            12.16.120        Notice prior to commencement of work.

            12.16.130    Correcting unsatisfactory work.

           

12.16.010  Permit required.  No person, including any utility company, other than a governmental agency shall excavate or dig into any portion of or make access on to, any town highway, street, or road, without first having obtained a permit from the director of public works. (Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.020  Contents of application.  The director of public works may issue a permit authorizing any person to excavate or dig into the public highways of the town. Before issuing such a permit, however, he or she shall first receive from such person a written application setting forth the name and address of such applicant and a designation of the particular portion of the public highway that the applicant desires to excavate or dig into and the purpose for which such excavation or digging is to be carried on. A plan showing the details of the project shall be submitted. 

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.030  Bond required – Conditions.  Before issuing a permit for road excavation, the director of public works  shall require the applicant to post a bond or deliver a certified bank check, running to the town, in an amount the public works director determines will be sufficient to return the road to the condition it was in before the work began. The bond shall provide that the obligation of the applicant and surety or sureties shall remain in full force and effect unless the applicant shall, upon the final completion of work, leave the public highways in as good condition as before the commencement of the work. The bond shall be returned, canceled or remitted upon completion of work for which it was posted, upon the approval of the director of public works. 

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.040  Indemnification and insurance coverage required.

A.  The applicant shall indemnify and save harmless the town and the director of public works for all suits and actions of every name and description brought against the town or any office of the town for, or on account of, any injuries or damages received or sustained by any person in consequence of, or resulting from, any work performed by the permittee, his or her servants, or agents, and of, or from, any improper materials used in the work or from any negligence in the guarding of such work or of, or from, any act or omission of the permittee, his servants or agents.

 

B.  The permittee and all subcontractors shall carry the following insurance for the entire duration of the work and the maintenance period: comprehensive general public liability and property damage liability coverage in the amount of five hundred thousand dollars ($500,000) for all damages arising out of bodily injuries or death of one person, and subject to that limit for each person, a total limit of not less than five hundred thousand dollars ($500,000) for all damages arising out of bodily injuries to, or death of, two or more persons in any one accident, and contractors’ comprehensive property damage liability insurance providing for a limit of not less than five hundred thousand dollars ($500,000) for all damages arising out of injury to, or destruction of, property during the policy period. Certificates of insurance in a form satisfactory to the public works director must be furnished before the permit is issued.

 

C.  As a condition of receiving and retaining the permit, the permittee shall comply with all municipal, state, and federal laws and regulations, and shall secure all necessary permits and licenses.

(Ord, dated 12-6-05)

 

12.16.050  Issuance – Contents.  The permit shall designate the purpose of the excavating or digging permitted, the particular portion of the public highways to be excavated or dug into, and the time limit within such excavation or digging shall be completed. 

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.060  Scope of permit.  No person who has received the permit required by this Chapter is authorized to excavate or dig into the public highways of the town at any other time or place or for any purpose other than the time, place and purpose designated in such permit.

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.070  Conformity to regulations.  No person who has received the permit required by this Chapter shall do any work, excavating or digging except in conformity with such conditions, general or special, established by the director of public works. Any such conditions shall be provided to the permittee in writing before the work begins.

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.080  Revocation of permit.  The director of public works may at any time revoke any permit required by this Chapter for failure to abide by the conditions of the permit, violation of any town ordinance related to the work being performed, defect in the bond posted, or inadequacy of  insurance coverage. If a permit is revoked, work shall immediately cease.

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.090  Safeguards.  The permittee must enclose any street opening with sufficient

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barriers, must maintain red lights at the opening by night, must take all necessary precautions to efficiently guard the public against all accidents from the beginning to the end of the work, and shall use every precaution against accidents to persons, vehicles or property of any kind. 

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.100  Backfilling.  After the permitted work is completed, the backfilling must be puddled or solidly rammed and together with the replacing of ballast and paving, must be done within seven days after the completion of the work, and done so as to make the sidewalk, gutter and roadway at least as good as they were before they were disturbed, and to the satisfaction of the director of public works. 

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.110  Public travel and convenience.  All work done shall be done in such a manner and at such times as to minimize any interference with the public travel and convenience, and to this end every person shall conduct the work as the director of public works may from time to time direct.

(Ord. dated 8-6-91 (part))

 

12.16.120  Notice prior to commencement of work.  Notice of starting work under a permit must be given to the director of public works as far in advance of the starting as possible, but at least forty-eight hours. Notice of commencement of work also shall be given to the police department twenty-four (24) hours in advance.

(Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

12.16.130  Correcting unsatisfactory work

A.  The director of public works or his designated agent is empowered to inspect, or cause to be inspected, at any time, any and all work being performed under a permit issued under this Chapter. If, in the opinion of the inspector, the work being performed does not meet the specifications and conditions approved or required, the permittee shall correct such conditions, commencing work within twenty-four hours of notification, to make such corrections unless a longer period of time is allowed by the director of public works or his designated agent.

 

B.  The director of public works may order, for cause, corrections to all work performed pursuant to a permit for a period of twelve (12) months from the date of completion of the work. If completed work from which equipment and material have been removed is found not to meet the specifications and conditions approved or required, corrective work shall commence within five (5) days of notice of correction from the director and shall be completed within twenty (20) days of the date of the notice.  If the permittee fails to complete the corrective work as aforesaid, the director of public works is authorized to proceed with such corrective work, and the cost of the same shall be paid by the permittee within thirty days of billing, or may be recovered from the cash or bond posted. This subsection shall not apply to utilities that are perpetually responsible for the maintenance of work performed.

 (Ord. dated 8-6-91 (part); Ord. dated 12-6-05)

 

 

 

Chapter 12.18 PROTECTION OF TREES ON TOWN PROPERTY

 

            12.18.010        Purpose.

            12.18.020        Definitions.

            12.18.030        Tree warden – Appointment.

            12.18.040        Tree warden – Duties.

            12.18.050        Protection of trees on town property.

            12.18.060        Planting in street rights of way.

            12.18.070        Exemptions for work related to public safety.

            12.18.080        Consultation before public or private maintenance or construction projects.

            12.18.090        Land trust property.

            12.18.100        Emergencies.

            12.18.110        Relationship to other ordinances and regulations.

           

12.18.010  Purpose.  The town council recognizes that trees mitigate air pollution and noise pollution; stabilize soil; provide protection from heat, glare and solar radiation; provide shelter, cover and food for wildlife; improve the quality of life by enhancing the appearance of the town; and reflect the history and rural character of the town. The purpose of this Chapter is to preserve

and maintain trees on town property and to protect the public health, safety and welfare of the residents of Richmond.

(Ord. dated 3-19-13)

 

12.18.020  Definitions.  When used in this ordinance, the following words have the following meaning:

 

Drip zone. The area at the base of a tree directly under any part of a tree’s foliage or limbs.

 

Native tree or shrub. A tree or shrub of a genus and species indigenous to southern New England that is of native stock.

 

Person. An individual, firm, partnership, association, corporation, company or organization of any kind.

 

Specimen tree. A tree considered by the tree warden to be valuable because of its size, age, exemplary representation of genus or species, rarity, association with an important event or person, or visual impact on the surrounding area. If the tree warden determines that a tree has one or more major structural faults that could cause loss of the tree or could endanger nearby persons or property, and if the structural faults could not be remedied by pruning or other reasonable management efforts, the tree shall not be considered a specimen tree.

 

Tree. A woody plant with an erect perennial trunk at least three (3) inches in diameter at a height of four and one-half (4½) feet, a definitely formed crown of foliage, and a height of at least thirteen (13) feet at maturity.

 

Tree on town property. A tree that is on property owned by the town, including a town street right of way; and the limbs and roots of a tree on private property that extend into or overhang town-owned property or a town street right of way. Property owned by the Richmond rural preservation land trust shall be considered town property for the purposes of this chapter, subject to the provisions of section 12.18.090.

 

Tree removal. The cutting or uprooting of a tree or any other act that will cause the tree to die within three years.

(Ord. dated 3-19-13)

 

12.18.030  Tree warden Appointment.  The town council shall appoint a town tree warden according to the requirements of title 2, chapter 14 of the general laws. The appointment shall be for a one-year term beginning on February 1 and ending on January 31.  The tree warden shall be an arborist licensed in the State of Rhode Island.

(Ord. dated 3-19-13)

 

12.18.040  Tree warden Duties.

A.  The tree warden shall be responsible for the care and maintenance of all trees on town property, and shall have all of the duties and authority conferred in title 2, chapters 14 and 15 of the general laws.

 

B.  The tree warden shall serve as a liaison between the town and the state department of transportation in matters involving trees within the rights of way of state roads and highways.

 

C.  The tree warden shall be responsible for suppression of insect pests and tree diseases in trees on public property, in cooperation with the state department of environmental management.

 

D.  The tree warden may assist the conservation commission in providing information to the public about the value and proper care of trees.

 

E.  The tree warden may assist the town planner and the conservation commission in maintaining records of specimen trees on public or private property.

(Ord. dated 3-19-13)

 

12.18.050  Protection of trees on town property.

A.  No person shall engage in the following activities without the written permission of the tree warden, except as provided in sections 12.18.070, 12.18.080, 12.18.090, and 12.18.100. The tree warden may, in his or her discretion, impose any condition on such written permission.

      1.   Knowingly damaging, carving, spraying, defacing, disturbing, girdling, attaching wire to or implanting nails or other objects in any part of a tree on town property.

      2.   Removing or pruning any part of a tree on town property.

      3.   Knowingly allowing any gaseous, liquid, chemical or solid substance harmful to trees to come in contact with any part of a tree on town property.

      4.   Setting fire to a tree on town property, or setting or permitting any fire in the vicinity of a tree on town property if that fire could burn or damage any part of the tree.

      5.   Depositing, placing, or maintaining any soil, stone, brick, sand, concrete, gravel, or impervious material in a place where it could impede the free passage of water, air and nutrients to a tree on town property.

 

B.  Any person other than an employee or agent of the town or an employee or agent of a public utility who proposes to remove or prune a tree on town property shall notify the tree warden, in writing, at least thirty (30) days before the work is scheduled to take place. The tree warden may deny permission to remove or prune a specimen tree if there is a feasible alternative to the pruning or removal. A denial may be appealed to the town administrator.

 

C.  If a property owner removes a tree on town property with the permission of the tree warden, the property owner shall replace the tree with a healthy native tree in the same general area. The

tree warden shall approve the type of tree and the planting location. The tree shall be planted according to the American national standards institute standards for tree care management operations.

 

D.  When excavation or construction of a structure takes place on private property adjacent to a town street right of way, and the drip zone of a tree in the right of way is within the excavation or construction area, the tree shall be protected for the duration of the project by a substantial fence, frame, or box at least four (4) feet high. The owner of the property where the excavation or construction takes place shall be responsible for compliance with this requirement.

(Ord. dated 3-19-13)

 

12.18.060  Planting in street rights of way.  No person shall plant any tree or shrub within a town street right of way without the written permission of the tree warden and the written permission of the director of public works. If both officials give permission, the plant shall be a healthy native tree or shrub. The tree warden shall approve the type of tree or shrub and the planting location, The tree shall be planted according to the American national standards institute standards for tree care management operations.

(Ord. dated 3-19-13)

 

12.18.070  Exemptions for work related to public safety.  Employees and agents of the town department of public works and employees and agents of any public utility engaged in routine cutting, trimming, or removal of any tree in a town street right of way for protection of the public health, safety and welfare are permitted to do so without the written permission of the tree warden, provided that the department or utility first consults the tree warden as required by section 12.18.080.

(Ord. dated 3-19-13)

 

12.18.080  Consultation before public or private maintenance or construction projects.

A.  If the town department of public works or any public utility intends to cut, trim or remove any tree on town property as part of a project intended to maintain or improve a street right of way or a utility easement, the department or the utility shall notify the tree warden, in writing, at least thirty (30) days before work is scheduled to begin.

 

B.  The tree warden shall meet with a representative of the department or utility at the site to review the scope and location of the proposed work.

 

C.  The tree warden shall identify any specimen trees among the trees proposed for trimming or removal. The tree warden may request the assistance of the conservation commission in identifying such trees. 

 

D.  The tree warden and the department or utility shall jointly develop a feasible work plan that will avoid damaging or removing as many specimen trees as possible, taking into consideration the need to protect public health and safety and town's policy of protecting specimen trees. The parties may request the assistance of the town administrator to develop a feasible work plan.

 

E.  If the tree warden and the department or utility are unable to agree on whether any particular tree on town property shall be removed or pruned, the town administrator or the town council shall make a final determination.  

 

F.  The tree warden shall keep records of all notifications, consultations, and work plans. 

 

G.  If a tree is removed, the tree warden may require the public works department or utility to replace the tree by planting a native tree in the same general area.

(Ord. dated 3-19-13)

 

12.18.090  Land trust property.  The provisions of this Chapter shall apply to all property owned by the Richmond rural preservation land trust and to all property on which the land trust holds a conservation easement, provided, however, that the cutting, trimming, or removal of any tree on such property shall not be subject to the provisions of section 12.18.080 if the cutting, trimming or removal is consistent with a property management plan approved by the land trust. 

(Ord. dated 3-19-13)

 

12.18.100  Emergencies.  The chief of police, the chiefs of the local fire districts, and the director of the town emergency management agency each shall have the authority to order the trimming, cutting, or removal of any tree on town property if necessary to protect public health and safety or restore order after a weather event or other emergency. The work may be done by a state or town employee or agent, a firefighter associated with a local fire district, or an employee or agent of a public utility, without the written permission of the tree warden. The work shall take place under the supervision of the tree warden or another licensed arborist if feasible.  

(Ord. dated 3-19-13)

 

12.18.110  Relationship to other ordinances and regulations.  Nothing in this Chapter shall be construed as restricting, amending, repealing, or otherwise limiting the application or enforcement of the zoning ordinance or the land development and subdivision regulations.

(Ord. dated 3-19-13)

 

Chapter takes effect July 1, 2013.

 

REFERENCES

Title 2, chapters 14 and 15 of the general laws.

 

 

 

            Chapter 12.24 LOITERING

 

            12.24.010        Loitering prohibited.

           

12.24.010  Loitering prohibited.  It shall be unlawful for any person to loiter, loaf, wander or remain idle either alone or in consort with others in any public place in the town in such manner as to:

 

A.  Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians;

 

B.  Commit in or upon any public street, public highway, public sidewalk or any other public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other place or building, all of which prevents the free and uninterrupted ingress, egress and regress, therein, thereon and thereto. 

(Ord. dated 3-17-92 (part); Ord. dated 3-16-87 (part); Ord. dated 12-6-05)

 

 

TITLE 12 STREETS, SIDEWALKS AND PUBLIC PLACES
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