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.]
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]
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.
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]
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.
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.
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.
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.