290 R.I. Code R. 290-RICR-20-00-4.10
No part of the State Highway Right-of-Way is to be used for servicing of vehicles, displays, or for private business. The area between the pavement and the limit of the Right-of-Way (Buffer Area) shall be clear of buildings, sales exhibits, signs, parking areas, service equipment and appurtenances thereto. Notwithstanding, use by police, emergency vehicles and for emergencies is acceptable at all times.
Each roadside facility shall provide sufficient parking or storage space off the State Highway Right-of-Way to prevent the storage of vehicles on the driveway or the queueing of traffic onto the travel lanes or shoulders of the State Highway.
Driveway access shall not be permitted where sufficient setback is not available to prevent parking, stopping, and maneuvering within the State Highway Right-of-Way in the operations of a commercial enterprise. This generally means at least ten (10) feet from the State Highway Right-of-Way to the subject facility for operations of vehicles parallel to the centerline of the adjacent highway, and at least forty (40) feet from the State Highway Right- of-Way to the subject facility for operation of vehicles perpendicular to the centerline of the adjacent highway.
Driveways and/or roadways shall be so located as to result in no undue interference with, or hazard to, the free movement of normal highway traffic. To minimize congestion, and provide adequate safeguards for the public safety, driveway and/or roadway locations shall be avoided near intersections and roundabouts. Driveways and/or roadways shall also to be avoided are locations that would interfere with the placement and proper function of highway signs, signals, lighting or other devices that affect traffic operations.
The Permittee shall properly safe-guard all work performed under the Permit and maintain sufficient working light, Rhode Island Standard Details signs and safety devices. Traffic control shall be provided by the Permittee according to the standards of "Manual On Uniform Traffic Control Devices For Streets And Highways" incorporated above at § 4.4(A) of this Part. ADA access shall address the employment of alternate circulation paths with a temporary pedestrian access route(s) if needed to allow for ADA continuity during construction or construction phasing. This protection shall be maintained until the project has been completed.
As a condition of receipt of a Permit, the Permittee shall defend, indemnify, protect and save harmless the State and its agents, servants and employees from and against any and all suits, claims, losses, demands or damages of whatever kind or nature arising out of or claimed to arise out of, any act, error or omission of the Permittee, its agents, servants and employees in the engineering design and/or performance of work covered by this Permit.
Should the use of any property with legal access to a State Highway be altered or should its present use cause expansion of traffic, a reassessment by the Department of the use of the openings and impact on drainage shall be accomplished through the Permit process.
There shall be no landscaping within the State Highway Right-of-Way without written approval by the Department. This permission will be obtained through the Permit Process and the landscape plan must include a site grading plan (if applicable) and a Landscape Plan showing the proposed planting layout and a plant list (Botanical and Common Name, Size, Root and Spacing). The Landscape Plan and Site Plan must be stamped by a Rhode Island Registered Landscape Architect.
All driveway access to a State Highway Right-of-Way must conform to the Control Dimensions published in § 4.13 of this Part.
For all applications involving drive-thru coffee/donut establishments or drive-thru car washes, the applicant must demonstrate that there is adequate space available to stack a minimum of ten (10) vehicles on site. This is to diminish the likelihood of vehicles stacking out into the State Highway and potentially blocking lanes of travel. For any other type drive-thru establishment (sandwich restaurant, pharmacy, banks, etc.) which does not typically exhibit such dramatic usage peaks; adequate space to stack a minimum of five (5) vehicles on site must be demonstrated. In both cases above, the stacking space shall be measured from the order board or first point of contact with the business.
All applications will require shaker bumps at the exits of the bays. Drainage control of all water associated with the car wash must be controlled in such a manner as to prevent the spread of water on the highway pavement especially during cold weather.
290 R.I. Code R. 290-RICR-20-00-4.10