[Adopted 7-24-1934; amended 6-5-1956; 9-8-1980
(Ch. 20, Art. II, of the 1985 Code of Ordinances)]
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:
CONTRACTOR
Any person, firm, corporation or general contractor awarded a contract to perform certain work for the Town of Smithfield and the Smithfield Sewer Authority. The contractor shall comply with all provisions of this article except cases where contract documents specifically require approved progress schedules and a complete coverage performance bond. In such cases, the contractor shall be regulated by contract documents and §§
312-2 through
312-8 and §§
312-20 through
312-25 of this article shall be waived.
DIRECTOR
The Director of Public Works, his duly authorized representative
or the person in charge of contract work.
PERMITTEE
Any person, firm or corporation granted a permit.
At least one working day before any work under
this article is commenced, except in cases of emergency, a permittee
shall give notice of the time of commencement of the work to the Director.
After any work under this article has been started,
the work shall be diligently and continuously prosecuted by the permittee
until completed.
If, after work has been started under this article,
the permittee delays beyond the period stated in the permit for completion
of the work, the Director shall have authority upon written notice
to the permittee to complete the work or any portion thereof. The
actual cost of such work performed by the Town, plus 20% as an overhead
charge, shall be paid by the permittee or withheld from the deposit
posted by him.
Notice of completion shall be filed by the permittee
with the Director the same day, after completion of the work.
All work done by the permittee shall be inspected
and approved by the Town prior to refund of deposit. No refunds will
be made by the Sewer Authority.
If at any time during the performance of the
work an emergency should arise, the Town shall have the right to use
all or any part of the area occupied by the permittee under his permit.
During the period of a permit issued under this
article, the permittee shall be permitted to occupy such portions
of streets, alleys and other public places as allowed by the ordinances
of the Town and as shown on the plans, or as permitted by the Director.
A reasonable amount of tools, materials and equipment for construction
purposes may be stored in such space, but not more than is necessary
to avoid delays in construction. Excavated and waste materials shall
be piled or stacked in such a way as not to interfere with spaces
that may be designated to be left free and unobstructed, nor inconvenience
occupants of adjoining property.
Whenever any utility is to be exposed and the
exact location and depth is unknown, the utility company shall be
notified and excavation shall not be commenced until a representative
of the utility company is present to aid in location of said utility.
It shall be the duty of the utility company under this section to
have a representative at the location where the work is being done
within 24 hours of notice to him by the contractor.
A. Upon notice from the Director or his authorized representative,
immediate repairs shall be made of any injury or damage in any portion
of the street which occurs as a result of the work done, including
any and all damage to the street which would not have occurred had
such work not been done, and which, in the opinion of the Director
or his authorized representative, constitutes a public hazard. In
the event such repairs are not made within 24 hours after notice,
the Director is hereby authorized to make such repairs and charge
all costs plus 20% overhead.
B. The restoration or repair(s) of a street or public
highway also pertains to any person working on a section of ground
that requires vehicles to enter and leave a particular section of
street of highway which causes a deterioration or damage(s) to the
road surface. Such person will be responsible to restore the damaged
or disturbed area(s) to the satisfaction of the Director or his authorized
representative.
C. The company or individual causing the impairment is
required to provide the Director with a written notice that the section
of street or highway that is damaged will be corrected after the work
has been completed. The repairs are to be completed immediately if
the condition of the street or highway is deemed an emergency, or
said company or individual shall begin restoring the damaged area(s)
within a seventy-two-hour period after the completion of the work.
A. Pavement shall be replaced with standard type pavement
as indicated on the permit or as shown on the plans. Curbs, gutters,
sidewalks, sewers, drains, structures, street signs and all other
improvements damaged, disturbed or removed during the progress of
the work shall be restored or replaced in as good condition as existed
prior to commencement of work in accordance with standard specifications
of the Town and to the satisfaction of the Director.
B. The edges of all pavements shall be properly trimmed
and squared, and all loose material shall be removed before pavement
is placed.
Adequate and proper measures shall be taken
to locate the existence of any public utility and to protect the Town's
public utility against damage. The permittee or contractor shall be
held liable for any damages to utilities or works as shown on the
plans or indicated on the permit and shall reimburse the Town for
any loss of revenue and cost of repair or replacement.
The permittee or contractor shall be responsible
for all claims and liabilities arising out of work performed or arising
out of failure to perform the obligations with respect to street maintenance.
The permittee or contractor shall agree to defend, indemnify, save
and hold harmless the Town, its officers and employees from and against
any and all law suits, claims or actions brought by any person for
or on account of any bodily injuries, disease or illness or damage
to persons, including death and/or property damage, sustained or arising
in the construction of the work performed or in consequence of failure
to perform the obligations with respect to street maintenance.
A. All work under this article shall be performed in
a neat and workmanlike manner and so programmed as to cause the minimum
of interference with traffic and inconvenience to the public. Access
shall be provided to all boxes, fire hydrants, water gate valves,
manholes and other public service structures and property as may be
required for emergency use. Public service structures or property
shall not be removed or relocated without proper coordination with
the properly constituted authorities charged with their control and
maintenance. The working area shall be confined so as not to obstruct
roadways and walks unnecessarily. Temporary roadways, driveways and
walks for vehicles and pedestrians shall be constructed where required.
B. Any monument of granite, concrete, iron or other lasting
material set for the purpose of locating or preserving the lines of
any street or property subdivision or a precise survey reference point
within the Town shall not be removed or disturbed or caused to be
removed or disturbed without first obtaining permission in writing
from the Director. Permission shall be granted upon the condition
that the person applying therefor shall cause to be replaced at his
expense, by the Director, the monument so removed or disturbed. A
contractor shall not be held responsible for monuments not shown on
the construction plans.
A. Where excavations or trenches are made in exposed
concrete surfaces (concrete, driveways, sidewalk and pavement), a
power-driven concrete saw shall be used to cut deep enough to permit
complete breakage of the concrete without ragged edges.
B. Concrete surfaces and pavements disfigured or damaged
shall be replaced and repaired so that they will have a smooth and
uniform appearance.
All trenches and excavations shall be backfilled
in the following manner unless otherwise specified in contract documents:
A. The trench or excavation shall be filled to not less
than one foot above the top of the pipe or other utility facility
with fine material selected from the excavation, free from stones
and lumps and of such character as to be readily compacted around
and under the pipe or other utility facility, or with an imported
fine granular material wherever material from the excavation is not
suitable. The backfill material shall be thoroughly compacted around
the pipe or other utility. Above the resultant level of this first
operation, the trench or excavation shall be backfilled in uniform
layers with earth from the trench excavation or with imported material
to 12 inches below the subgrade of the curb, gutter, pavement, sidewalk
or driveway to be replaced or to the surface if no improvement replacement
is indicated. The use of water in this stage of the backfill operation
will not be permitted if the soil will not readily drain and/or if
the adjacent street may become damaged or the paving is unduly delayed.
If the material from the excavation will not give the required relative
compaction, an imported granular material that will give said relative
compaction shall be used, and the unstable material shall be removed
from the site. Excess water must be evaporated before the next layer
of earth or paving is placed. If any improvement replacement is indicated
below, the subgrade of the improvement to be replaced shall be filled
in six-inch layers, measured before compaction, with selected imported
granular material of such character as to readily compact by sprinkling
with water if too dry to tamp and thoroughly compact by power-driven
equipment. All work shall be done in a manner as to obtain a relative
compaction throughout the entire depth of the backfill of not less
than that which exists adjacent to the excavation.
B. If the excavation is below any existing utility the
trench shall be hand backfilled and compacted to not less than 95%
maximum density at optimum moisture content below, around and to a
depth of 12 inches over said utility.
A. During the performance of the work the permittee or
contractor shall provide and maintain such fences, barricades, red
lights, flares, warning and directional signals, flagmen and watchmen
that are necessary for the safety of the general public.
B. It shall be the duty of the permittee or contractor
to place barricades and fences prior to commencement of work at the
end of such work or excavation and at such places as may be necessary
for complete safety and traffic routing and to maintain same during
performance of the work. All barricades, fences and warning and directional
signals shall be lighted from sunset to sunrise each day.
C. The permittee or contractor shall obey and enforce
all lawful safety orders and rules of the Town and shall secure such
necessary traffic control officers as shall be called for on state
roads and on any other Town road as may be determined necessary by
the Smithfield Police Department.
A. All barricades and warning and directional signs shall
be substantial in character, with the barricades painted yellow, and
warning and directional signs painted black and white. Barricades
shall be constructed in such a manner that the bottom of the sign
is not less than 2 1/2 feet nor more than seven feet above the
grade of the street. A minimum of two flares or lights per barricade
shall be maintained from sunset to sunrise.
B. When during the performance of the work it becomes
necessary to close a street, a "road closed" sign accompanied by a
"detour" sign with directional traffic arrows shall be maintained
at the intersection approaches to the street. Lettering on signs shall
be four inches high and the arrow two inches thick.
C. "No parking" signs shall be placed the evening prior
to commencement of work and shall be equally spaced at the rate of
four per block on each side of the street. Lettering on signs shall
be three inches high. The sign shall show the hours of the day in
which parking is restricted.
D. "One-way" signs shall be placed at each intersection
of the street affected. The sign shall have three-inch white letters
reading "One-Way" on a four-inch black arrow mounted on a white background.
A. Sufficient safety equipment shall be located on the
job before any work is commenced.
B. The Police and Fire Departments shall be notified
before work is commenced of any street closure, parking restrictions,
rerouting of traffic or other restrictions which interferes with the
normal use of the street.
C. Detours shall be planned and coordinated with the
Police Department to allow for a smooth flow of traffic at all times.
D. Progress or work schedules shall be so arranged as
to provide an access to all lots either from the street or the alley.
E. No street or intersection shall be closed in the performance
of the work when a traffic restriction or street closure is already
in effect on an adjacent parallel street, except in emergencies or
by special authorization of the Director. Special authorization under
this section may be granted by the Director during construction through
approval of a progress schedule submitted by a contractor in compliance
with the contract documents.
A. It shall be unlawful for any person to make, or cause
or permit to be made, any excavation on or under the surface of any
public street, alley, sidewalk or other public place for the installation,
repair or removal of any pipe, conduit, duct or tunnel or for any
other purpose, without first obtaining a written permit from the Director
to make such excavation, and making a deposit as determined by the
Director or as stated in this division to cover the cost of inspection
and of restoring such public street, alley, sidewalk or other public
place to its original condition, together with the incidental expenses
in connection therewith.
B. Before a permit is issued, the applicant shall:
(1) Make application for the permit on a form furnished
by the Director. The application shall contain such information as
the Director may require and be made in duplicate and filed with him
for processing; and
(2) Submit to the Director plans and profiles in duplicate
showing work to be done, location, limits of work and location of
pavements.
C. It shall be unlawful for any person to make, or to
cause or permit to be made, any excavation, or to install or maintain,
or cause or permit to be installed or maintained, any tank, pipe,
conduit, duct or tunnel on or under the surface of any public street,
alley, sidewalk or other public place at any location other than that
described in the application and shown on the plans filed by such
person, as required by the provisions of this article.
D. The provisions of this article shall not relieve the
permittee of the obligations imposed by other pertinent Smithfield
ordinances. After installation is completed, the pipe, conduits, vaults,
ducts, tunnels or other underground installation shall be the responsibility
of the property owner for all maintenance, repairs, damages, replacement
or removal in said public street or alley.
A. The application for a permit shall be approved and
signed by the Director.
B. Permits shall be secured at least one working day
before the work is commenced, except in cases of emergency. Permits
shall not be transferable or assigned.
C. The permit shall provide a time limit within which
the work shall be completed, and work shall commence within 10 days
after application is approved.
D. Unless an extension of time is granted by the Director,
the permit shall be void if the work is not commenced and completed
within the date specified.
[Amended 10-16-2001]
A. When an application for a permit as provided in §
312-20A is made and approved, the applicant shall make a nonrefundable general deposit in the sum of $300 and a special deposit of $5 per square foot for any asphalt or concrete paving, curbing and gutters and sidewalks that are to be replaced. Special deposits are to be refunded upon completion of the work subject to the approval by the Director of Public Works or his authorized agent.
(1) The contractor who is to open such road must sign
the permit and is solely responsible for all fees associated with
such permit. The contractor is also responsible to maintain said road
opening until such time that the work is approved by the Director
of Public Works or his authorized agent.
B. No deposit will be required by any public utility
of any city, public utility district, public corporation or political
subdivision which is authorized by law to establish or maintain any
works or facilities in, under or over any public street, alley or
right-of-way.
C. Whenever any person desires to install or repair a
tank or tanks for storage of gasoline or oil under the surface of
any public street, alley, sidewalk or other public place, a general
deposit or bond of $500 shall be deposited with the Town to be held
by the Town for the period that the tank remains under the surface.
This section shall not relieve said person from the obligation of
complying with other provisions of Smithfield ordinances.
D. Any person who receives a building permit from the
Building Official to construct, install, repair or remove any structure
shall obtain a permit and make the required deposit as provided herein,
if during the progress of work it is necessary to excavate within
any public street, alley, sidewalk or other public place.
Any permit granted under this article may be
revoked by the Director for noncompliance with any of the provisions
of this article.
Any public utility possessing a franchise to
install, operate, maintain or use facilities in the streets, although
deriving its rights to occupy such streets from the franchise, shall
nevertheless procure a permit as provided in this article.
Nothing in this article shall be construed to
prevent any person from maintaining any pipe or conduit in any public
street, alley or public place by virtue of any law, ordinance or permit,
or from making such excavations as may be necessary for the preservation
of life or property when such necessity arises. When an emergency
excavation has been commenced, the person making said excavation shall
secure a permit therefor on the next working day.