[HISTORY: Adopted by the Town Council of
the Town of Johnston 12-10-1979 by Ord. No. 440 as Sec. 23-3 of the 1979
Code. Amendments noted where applicable.]
The Town shall charge $5 per square yard as
the cost of street cuts made by all utilities in the Town.
[Added 6-9-1997 by Ord. No. 1006]
A.
Concurring with R.I.G.L. § 23-19.1-4.4(B),
this section will henceforth make disbursement, diversion, or redirection
of water, or any liquid, from natural springs, streams, leaks in public
or private water systems, or any water or liquid from any source which
could cause dangerous or hazardous conditions, into or onto public
throughways, streets, and/or roadways, unless this disbursement, diversion,
or redirection links directly into a publicly created storm drain
system, an act against the best interest of the public of the Town
of Johnston, and, therefore, a fineable offense.
B.
Such a fine would be determined by the presiding justice
of the municipal court of the Town of Johnston, and would be endowed
with the discretion to dismiss such action if, in the justice's evaluation,
the condition or conditions were no fault of the defendant.
[Added 12-14-2015 by Ord.
No. 2015-20]
A.
Purpose. This section shall prohibit excavation on any newly paved,
newly repaved, or newly constructed Town street for a period of five
years from the date of paving, repaving or construction in order to
maintain the integrity of the street.
B.
Exceptions. This five-year prohibition shall not apply to excavation
of newly paved, repaved or constructed streets as may be required
in emergency situations. Any such emergency situation shall be determined
by the Mayor, or his designee.
C.
Excavation in emergency situations. If the Mayor, or his designee
determines that an emergency situation warrants excavation within
the aforementioned five-year period, the applicant shall apply for
a street opening permit from the Department of Public Works. Once
a street opening permit is issued and the applicant performs excavation
on the newly paved, newly repaved or newly constructed Town street,
the applicant is thereafter required to cold-plane and repave the
full width of the street, on both sides of the area where the street
is opened. The applicant shall cut a distance of 20 feet from the
furthest outside edge of the excavation to a total distance of 50
feet.
D.
Maintenance. The aforementioned applicant is required to maintain
the excavated area of the Town street for a period of two years from
the date of completion of the work performed under the street opening
permit. Maintenance shall include, but is not limited to, repair of
sinkholes, depressions, and cracking pavement.
[Added 9-9-2019 by Ord. No. 2019-16]
A.
This section shall require owners of properties abutting any sidewalk,
or part thereof, adjoining any building or lot of land on any street,
highway, square or public place, whether which sidewalk, or part thereof,
is supported by curbing or not, within the Town of Johnston, to report
to the Department of Public Works any deficiencies in said sidewalk,
including but not limited to cracks, holes and unleveled surfaces
that may pose a threat to potential pedestrians so that appropriate
remediation may occur.
[Added 9-9-2019 by Ord. No. 2019-16]
A.
If it is determined by the Director of the Department of Public Works,
hereinafter the Director, or his designee, that a sidewalk has been
made not to be safe and convenient due directly or indirectly to an
abutting property owner's actions, inactions, or caused by conditions
on the premises of an abutting property owner, including but not limited
to the digging up of pavement, installation of a fence, post, or the
planting of trees, brush or any other plant life in close enough proximity
to a sidewalk, such that roots undermine the integrity of a sidewalk,
or overgrowth of said trees, brush or any other plant life causes
an impediment to a traveling pedestrian, then the Director, or his
assignee, shall order the abutting property owner to restore said
sidewalk to a safe and convenient condition, to the satisfaction of
the Director, within 24 hours after such order has been served upon
him or her in writing, or within such other time as the Director of
Public Works shall deem to be reasonable.
B.
Any sidewalk, or part thereof, adjoining any building or lot of land
on any street, highway, square or public place, whether which sidewalk,
or part thereof, is supported by curbing or not, which has been opened
or dug up, or otherwise damaged by any person or other entity, other
than an abutting property owner, in the prosecution of any of his/her
work, shall be restored by such person at his/her expense to at least
as good repair and condition as the same were when so opened, dug
up, or otherwise damaged, and in every case to a sound and safe condition,
and to the satisfaction of the Director of Public Works.
C.
Every place so opened, dug up, or otherwise damaged, and subsequently
repaired/restored under this section shall be further maintained in
sound and safe condition for a period of two years from the time such
ground was repaired/restored, to the satisfaction of said Director.
D.
If, in any case, any person shall not follow the Director's
order to repair/restore a sidewalk, the Director, after giving such
person five days' notice in writing, shall cause any such work
not then done to his satisfaction to be done, and shall charge the
expense thereof to such person, and such person shall pay the same
to the Town within 30 days after written notice of the amount of such
expense.
E.
If such person is the abutting property owner, and said person fails
to pay the Town within the prescribed period, the costs incurred by
the Town shall become a lien against the abutting property.
[Added 9-9-2019 by Ord. No. 2019-16]
A.
Any abutting property owner requesting a sidewalk be installed along
the right of way of their property will be granted permission to do
so by the Director of the Department of Public Works, hereinafter
the Director, or his assignee, at the abutting property owner's
own expense, as long as said owner(s) agree to take remedial actions
of any deficiencies in said sidewalk, including but not limited to
cracks, holes and unleveled surfaces that pose a threat to potential
pedestrians for a five-year period following installation of said
sidewalk. Any new sidewalk, and any future remedial actions, must
abide by the specifications set by the director, or his assignee,
to ensure the sidewalk is safe and convenient for pedestrian traffic.
