Town of Johnston, RI
Providence County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Excavations — See Ch. 161.
Sewers — See Ch. 279.
Subdivision of land — See Ch. 303.
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.
Anyone convicted of a violation of any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, of this Code.
[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.