Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[Adopted 8-13-1991 by Ch. No. 983 as §§ 11-26 through 11-34 of the 1991 Code]
Prior to making any excavation, performing any construction work or heavy hauling that would be detrimental to the road surface in any public street or highway in the Town, each person wishing to make such excavation, perform such construction or heavy hauling shall first obtain from the office of the Director of Public Works a written permit to perform such work or heavy hauling.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Prior to performing the work, utility companies intending to set, move or remove utility poles shall first obtain from the office of the Director of Public Works a written permit to perform the work.
This permit shall state the nature of the work to be done, its location, and the probable time required for its completion, and other particulars required by the Director of Public Works.
Familiarity with specifications for replacing pavement and shoulders are a condition precedent to granting of permit.
All persons requesting excavation, construction, heavy hauling or utility pole permits shall place on file in the office of the Director of Public Works a performance bond in an amount satisfactory to the Director, but not less than $1,000 guaranteeing proper performance of the work and subsequent satisfactory repair of the highway. They also shall place on file certificates of public liability and property damage insurance in amounts satisfactory to the Director.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If any person shall, for six hours of daylight, after the completion of the work for which such opening was made, omit to fill up or repair such highway to the satisfaction of the Director of Public Works, it shall be the duty of the Director of Public Works to proceed to fill up or repair the same in proper manner, and to deliver to the Town Treasurer a statement of the costs, with reasonable charges for the superintendence of the same. The Treasurer shall cause the same to be collected of the persons causing such highway to be opened, in an action of debt in the name of the Town, before any court of competent jurisdiction. Whenever any trench or hole must of necessity remain after dark, every person making any such trench or hole, or employing anyone so to do, shall cause a sufficient barricade and light to be kept around, over and/or near the same, throughout the whole of the night, so as to protect the public and give sufficient notice to all persons passing in or through the highway.
[Added 4-4-2016 by Ch. No. 1855]
A. 
Purpose. The Town of Westerly Department of Public Works and Engineering Division stipulates certain minimum criteria to be employed by the Town work forces, general contractors, subcontractors and utility agencies when performing excavation for water, sewer, gas, electric, telephone, fire alarm, communication lines, and storm drainage utilities within Town-controlled right-of-way areas. These minimum criteria and referenced stipulations relative to the underground installation of the aforementioned utilities shall be relative to the installation of new utilities, replacement of existing utilities and removal of existing utilities of any type. These stipulations are to ensure that the impacted Town public rights-of-way for work listed to be performed within the Town's road work permit application is performed in a manner to protect pedestrian and vehicular traffic at all times during construction and until acceptance of final restoration measures. These minimum criteria and referenced stipulations are included as attached supplements to the Town's road work permit application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Pavement restoration; both temporary and permanent in nature, incidental to excavation operations or road surface disturbances shall conform to the stipulations and minimum standard detail requirements as set forth within the attached supplements to the Town's road work permit application. The stipulations and minimum criteria for road work permit approval are:
(1) 
Excavation requirements for underground utility installations, replacements, removals or repairs.
(a) 
The applicant shall indicate on the road work permit application form the name of the responsible contractor/subcontractor who will be performing the proposed utility trench work within the Town's right-of-way and road surface areas. The applicant shall provide a copy of his or her insurance certificate and shall meet the minimum insurance coverage requirements set forth by the Town. The applicant shall be responsible for meeting all obligations of the Town's Road Work Permit and these supplements. The Town reserves the right to request from the applicant a surety performance bond relative to the extent and scope of the proposed utility work being contemplated within the Town's right-of-way areas.
(b) 
Pursuant to the Town's public safety requirements to protect pedestrian and vehicular traffic within and adjacent to the proposed work zone areas as outlined within the road work permit application request, the applicant or applicant's subcontractor crews working within and/or adjacent to the Town's right-of-way areas will be responsible for providing proper signage and barricades per the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). At least one travel lane should be kept open at all times with alternating traffic.
(c) 
It shall be the applicant's or applicant's contractor's responsibility to coordinate with Dig Safe requirements, coordinating with the Westerly Police Department for required police details and providing incidental certified flagger personnel for the road work items to be completed. The cost for police details, protection of traffic, and incidental certified flaggers shall be the responsibility of the applicant. These costs may be waived for Town-directed work which will be provided to the applicant in writing or through a construction contract agreement.
(d) 
Excavations are to be performed in accordance with the latest OSHA requirements. Shelving of excavations will be allowed by Town approval at locations not impacted by public pedestrian or vehicular traffic. It is the intent of these supplements to provide the minimum trench excavation width and depth necessary to perform the proposed utility work as indicated within the road work permit application. Suitable trench boxes or shoring shall be employed where required by OSHA to provide stabilization of trench sidewalls, to protect workers within the trench limits and for public safety.
(e) 
The Town reserves the right to direct the applicant or the applicant's subcontractor at any time to stop any additional trenching work and to focus on properly securing and patching any open trench which has received gravel backfill if weather or time presents an issue for providing the required public protection.
(f) 
Trench limits shall be sawcut in a neat and clean fashion prior to excavation operations. Excess trench pavement and soil materials, debris, utility structures and pipelines to be disposed of shall be scheduled for removal from the Town's public right-of-way areas as soon as possible to preserve protection of the public.
(g) 
All backfilling operations must be completed in a manner and with suitable compaction equipment to provide for compacted layers not exceeding 12 inches in depth after compaction. Compacted layers shall be performed to an effort to achieve a minimum of 95% maximum dry density requirements.
(h) 
By the end of each workweek (Friday afternoon by 3:30 p.m. or by 12:00 noon for recognized Town holiday weekends), all backfilled trenches are to have a temporary layer of hot mix asphalt according to the attached applicable figures.[1] There will be no exemptions allowed to these requirements without approval from the Westerly Public Works Director for Road Work Permit applications or Westerly Town Engineer for the Town's capital infrastructure improvements projects.
[1]
Editor's Note: The figures are included as attachments to this chapter.
(2) 
Road surface pavement restoration requirements.
(a) 
The applicant or the applicant's subcontractor shall provide at minimum the pavement restoration requirements as identified within the attached Figure PR-1 for temporary pavement restoration and Figure PR-2 for permanent pavement restoration for existing road surface conditions greater than five years in age. The requirements set forth in Figure PR-3 shall be applied to existing road surface conditions less than five years in age.[2]
[2]
Editor's Note: Figures PR-1, PR-2 and PR-3 are included as attachments to this chapter.
(b) 
At the conclusion of all trench backfilling operation, temporary pavement is to remain in place for a minimum of 90 days or as directed by the Town Engineer prior to the installation of any permanent pavement restoration. This requirement may be waived only with permission from the Town Department of Public Works or Engineering Division so as to not delay critical Town capital improvements projects.
(c) 
The applicant and/or the applicant's contractor will be responsible to correct any problems with the excavated trench, temporary and/or permanent pavement restoration for a period of one year from notification from the applicant that the permanent pavement restoration work has been completed. Since the Town or its authorized inspection representatives may not be in attendance when the permanent pavement restoration work has been completed, it is the responsibility of the applicant or the applicant's subcontractor to contact the Department of Public Works for road work permit applications and the Town's Engineering Division for the Town's capital improvements projects in order to provide notification for the date of when the permanent pavement restoration is completed to initiate the one-year maintenance period timeframe.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d) 
All construction work covered under the Town's Road Work Application permit shall be subject to the inspection and approval of the Department of Public Works and/or Engineering Division or their duly authorized representative(s). It is the responsibility of the applicant to contact and provide notification to the Department of Public Works and/or Engineering Division at least 48 hours prior to conducting any work. Any work that is found to be in noncompliance with the requirements of the Road Work Permit approval and attached supplements shall be reconstructed as required by the Department of Public Works Director or Town Engineer. Additionally, if the applicant performs the work without proper notification to the Town, then the Town reserves the right to direct the applicant to redo the work as outlined within the permit approval.
A. 
The gross weight imposed on the highway by the wheels of any one axle of a vehicle shall not exceed 22,400 pounds.
B. 
For the purpose of this section and § 225-19, an axle load shall be defined as the total transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes 40 inches apart, extending across the full width of the vehicle.
It shall be unlawful to transport or operate over or upon any public highway in the Town any vehicle equipped with two axles, the gross weight of which including its load exceeds 32,000 pounds when equipped with rubber tires, if the front and rear axles are less than six feet apart, or 36,000 pounds if such axle spacing is less than 12 feet apart, or any single vehicle with three or more axles the gross weight of which including its load exceeds 40,000 pounds if the front and rear axles are less than 16 feet apart, or 44,000 pounds if such axle spacing is less than 20 feet apart, or any vehicle of the tractor semitrailer class equipped with three or more axles, the gross weight of which including its load exceeds 46,000 pounds if the front and rear axles of the combined unit are less than 22 feet apart, or 50,000 pounds if such axle spacing is less than 27 feet apart.
Any person violating the provisions of this article shall pay a penalty of $50 and every day that any violation continues shall constitute a separate offense.[1]
[1]
Editor's Note: Former Art. V, Weight Limit on West Street Bridge, adopted 8-13-1991 by Ch. No. 983 as § 11-35 of the 1991 Code (Ch. No. 1283), which immediately followed this section, was repealed 5-14-2018 by Ord. No. 1916.