[Approved 4-11-1968 as Ch. No. 1153]
The purpose of this article is to provide for
the safety, health and general welfare of the inhabitants of the City
of Pawtucket by regulating the location, width, frequency and construction
of curb cuts and driveway openings permitting access by vehicles from
private property to public streets. The provisions of this article
shall apply to all curb cuts and driveway openings made or altered
after the effective date of this article.
A.
Words used in the present tense include the future;
the singular number includes the plural and the plural the singular.
Where terms are not defined in this section, they shall have their
ordinarily accepted meanings or such as the context may imply.
B.
CURB
CURB CUT
CURBLINE
DIRECTOR
DRIVEWAY
DRIVEWAY OPENING
LOT
LOT LINE
OWNER
PERSON
SIDEWALK
STREET
STREET LINE
Unless otherwise expressly stated, the following terms
shall, for the purpose of this article, have the meanings indicated
in this section.
A granite, concrete or similar edge material separating the
sidewalk from the vehicular traveled way of a street.
An opening in a curbing alignment designed to allow access
by vehicles from the public street to adjacent private property, or
vice versa, the width of which is measured at the curbline between
the ends of straight curbing.
The line dividing the street from the sidewalk measured on
the face of the curb.
The Director of Public Works of the City of Pawtucket, or
his or her duly authorized agent.
A place on private property for ingress and egress of automobiles
and other vehicles to and from a public highway.
An area between the vehicular traveled way of a public street
and private property, intended to provide access for vehicles to and
from the vehicular traveled way of the public street to and from the
private property.
A portion or parcel of land considered as a unit.
A line dividing one lot from another, or from a street or
other public space.
Includes his or her duly authorized agent or attorney, a
purchaser, devisee, fiduciary and a person having a vested or contingent
interest in the property in question.
Includes corporation and copartnership as well as individual.
That part of the street right-of-way devoted to use by pedestrians
rather than motor vehicles and in many cases, separated from the vehicular
traveled way by a curb.
A thoroughfare which has been legally dedicated or devoted
to public use.
A lot line dividing a lot from a street.
The Director shall execute the provisions of
this article and of ordinances in amendment hereof, except as otherwise
provided. He or she shall have the power to act on any question relative
to the administration and enforcement of this article, including the
issuance and revocation of permits, the collection of fees, the inspection
of work and materials, the holding of bonds and the issuance of notices
and orders necessary to the proper implementation of this article.
The Director shall maintain a record of all
permits issued, all fees levied and all bonds posted. He or she shall
keep a record of all violations of law and shall report all violations
to the City Solicitor.
It shall be unlawful for any person to make
or alter any curb cut or driveway opening without first having obtained
a permit from the Director, and on state controlled highways a permit
must be obtained from the State Department of Public Roads and Bridges
and work must conform to state and City standards.
A.
Before a permit is issued, the owner shall submit
an application in such a manner and on such forms as prescribed by
the Director.
B.
Every application shall be accompanied by a dimensional
plan drawn to scale, showing:
(1)
The location of the proposed curb cut or driveway
opening.
(2)
The location of existing curb cuts or driveway openings
on the same lot.
(3)
The distance from the proposed curb cut or driveway
opening to lot lines.
(4)
The location of street intersections, where applicable.
(5)
The location of existing or proposed buildings, curbs,
sidewalks, trees, poles, public utilities or other objects which might
affect the work.
[Amended 2-8-1979 by Ch. No. 1678]
A.
The Director shall examine all applications for permits
and shall refer all such applications if deemed necessary to the City
Traffic Engineer. If an application and accompanying plans are approved
by the City Traffic Engineer, and if in the opinion of the Director
the application and the plans attached thereto are in conformance
with the provisions of this article, the Director shall issue a permit
for the work to be performed.
B.
The reason or reasons for disapproval shall be stated
on any application which in the opinion of the Director or City Traffic
Engineer fails to comply with the standards contained in this article
or would create a traffic hazard.
All work shall be done in compliance with the
permit issued for said work, and all work must be completed within
60 days from the issuance of the permit.
The Director of Public Works shall revoke any
permit as follows:
A.
If any reason is found to exist which would have been
cause for denial of such permit.
B.
Whenever there has been a false statement as to a
material fact in the application upon which said permit was issued.
C.
For any violation of any provision of this article
on the part of the permittee or his or her agents or employees in
doing any act or work authorized to be done by such permit.
[Amended 7-25-1996 by Ch. No. 2420]
Any work for which a permit is issued under
the provisions of this article may be performed by the Department
of Public Works, or, with the written permission of the Director,
by a contractor hired by the permittee, if said contractor is deemed
qualified by the Director. The contractor must show proof of liability
insurance.
A.
Permit fees. The applicant for a permit required by
this article, before such permit is issued, shall pay to the Director
$25 for said permit for residential properties and $25 for commercial
properties.
[Amended 7-25-1996 by Ch. No. 2420]
B.
Construction fees. When the work for which a permit
is issued is performed by the Department of Public Works, the Director
shall charge any permittee according to the established unit price
schedule which shall be updated annually.
[Amended 7-25-1996 by Ch. No. 2420]
When a curb cut or driveway opening is made
or altered by a contractor hired by the permittee, and if said contractor
has previously been responsible for less than satisfactory work according
to this article or the interpretation thereof by the Director, said
contractor shall be required to post a bond with the City of Pawtucket
in an amount equal to the cost of construction.
A.
The Director shall conduct or cause to be conducted
at least two inspections for each permit, the first to take place
within five days of the submission of the application as part of the
approval process, and shall be a prerequisite to the final approval
of the application. The second and final inspection shall take place
after the completion of construction upon the Director's notification
by the permittee that the same is ready for inspection.
B.
Upon the Director's assurance that all work and materials
conform to the plans, specifications and directions, the City of Pawtucket
will accept the project and, when applicable, release the contractor's
bond.
A.
Width of curb cuts and driveway openings.
(1)
The maximum width of any curb cut or driveway opening
for any residential purpose shall not exceed 18 feet when designed
to accommodate one car or 24 feet when designed to accommodate two
cars.
(2)
The maximum width of any curb cut or driveway opening
for any purpose other than residential shall not exceed 20 feet when
designed for one-way traffic and 34 feet when designed for two-way
traffic.
B.
Distance to street intersection.
(1)
No curb cut or driveway opening shall be located within
25 feet from the point of curvature unless authorized by the Director
and the Traffic Engineer.
[Amended 2-8-1979 by Ch. No. 1678]
(2)
In no case shall a curb cut or driveway opening be
located on the radius corner of any streets unless authorized by the
Director and the Traffic Engineer.
C.
Distance between curb cuts or driveway openings on
same lot. Where more than one curb cut or driveway opening is located
on a lot, they shall be separated by a distance of at least 26 feet
in areas where curb parking is allowed, and at least six feet in areas
where curb parking is not allowed.
D.
Number of curb cuts or driveway openings permitted.
No more than two curb cuts or driveway openings shall be permitted
on the street frontage of any lot, except that three curb cuts or
driveway openings may be permitted if the distance between the lot
lines within which the curb cuts or driveway openings are located
exceeds 185 feet.
E.
Distance to lot line. A curb cut or driveway opening may be constructed beginning directly on a lot line, provided that all of the restrictions set forth in Chapter 410, Zoning, can also be met.
F.
Curb return radii. Curved curb radius turn stones
shall have a two-foot radius constructed to form a ninety-degree angle
along the tangents or end of the straight curbing and shall be a minimum
of six inches in thickness and a minimum depth of 18 inches. The type
of materials used shall be granite or an approved equal.
G.
Angle of driveway to property line. No driveway shall
be constructed so as to cause an exiting vehicle to cross the driveway
opening within the sidewalk area at an angle of less than 45°.
[Added 8-7-1969 by Ch. No. 1222]
A.
The Director of Public Works shall be authorized to
order the closing of curb cuts and driveway openings upon a finding
that said curb cut or driveway opening has been abandoned or is no
longer required for purposes of gaining access to property. Notice
of said finding shall be sent to the owner of property abutting the
curb cut or driveway opening, and it shall be the responsibility of
said abutting owner to close such curb cut or driveway opening.
Materials used in work performed under the provisions
of this article shall be those specified by the Director.
A.
Condition. The sidewalk is to be kept in a cleared,
safe and passable condition at all times during the construction of
the curb cut.
B.
Sidewalk repair. Any repairs or replacement of the
sidewalk necessitated by the construction of a curb cut shall be made
within the time period of the curb cut permit and shall be a prerequisite
for the approval of construction and acceptance of the curb cut by
the City.
C.
Sidewalk materials. The materials and type of construction
used in the repair or replacement of sidewalks shall be the same as
that which exists on the particular lot.
At all times during which any work under this
article is being performed, and until such work is completed and approved
by the Director, the contractor or permittee shall maintain all necessary
barriers, lights and other safeguards for the prevention of accidents
and for the protection of public and private property.
After all work is completed, the contractor
or other person in charge of such work shall remove all rubbish, waste
and excess materials and leave the street in a neat and clean appearing
condition.
Any person aggrieved by any officer, department,
board, commissioner or agency of the City may take an appeal to the
Board of Appeals from any decision of the Director. An appeal may
be taken within 30 days from the date of the decision appealed by
filing with the Director and with the Board of Appeals a notice of
appeal, specifying the grounds thereof. The Director shall forthwith
transmit to the Board of Appeals all the papers upon which the action
appealed was taken.
Nothing in this article shall be construed to
prevent the enforcement of other laws which prescribe more restrictive
limitations.
[Amended 7-25-1996 by Ch. No. 2420; 5-24-2018 by Ch. No. 3160]
Any person who shall violate any of the provisions
of this article or fail to comply therewith, or who shall violate
or fail to comply with any order made thereunder, or who shall perform
any work in violation of any specifications or plans submitted and
approved thereunder, or any permit issued thereunder, and from which
no appeal has been taken, or who shall fail to comply with such an
order as affirmed or modified by the Board of Appeals or by a court
of competent jurisdiction, shall severally for each and every such
violation and noncompliance respectively be guilty of a violation
and shall be punished by a fine not exceeding in amount $500 for any
one offense unless other penalty therefor, or penalties within other
limits, are prescribed by statute. The imposition of one penalty for
any violation shall not excuse the violation or permit it to continue,
and all such persons shall be required to correct or remedy such violations
or defects within 90 days. When not otherwise specified, each day
that prohibited conditions are maintained shall constitute a separate
offense. The application of the above penalty shall not be held to
prevent the removal of prohibited conditions.
