(a) Criteria. Any person desiring to conduct any intrusive activities on any public street or roadway within the village shall make application therefor to the village. The application shall contain such information as shall, from time to time, be determined by the village manager to be necessary to adequately assess the application for compliance with the intent of this article. The village manager shall review the application and shall permit the activity upon finding of the following:
(1) The proposed intrusive activity shall be reasonably necessary for the improvement or maintenance of the health, education or general welfare of the citizens and residents of the village;
(2) Provisions have been made for adequate warning to both vehicular and pedestrian traffic such that the proposed work shall not represent an unreasonable risk of injury or damage to the person or property of any individual;
(3) The proposed intrusive act is the least intrusive method by which the purposes to be achieved by the proposed act can be reasonably accomplished;
(4) Public inconvenience arising from the proposed intrusive activity will be minimized during the course of such activity; and
(5) The street or roadway shall be returned to its condition prior to the proposed intrusive act or as near thereto as shall be reasonably possible.
(b) Additional conditions required. Upon review of the application required by this section, the village manager shall determine whether the proposed activity shall meet the criteria set forth in subsection (a)of this section and, if so determined, the village manager shall issue a permit to the applicant upon such conditions as the village manager shall find to be necessary in order to accomplish the purposes of this article as set forth in subsection (a)this section. Such conditions may include, but shall not be limited to:
(1) Specific dates during which the proposed intrusive activity may be carried on, including limitations on the number of days or hours per day during which any street or roadway or portion thereof shall be impassable to vehicular or pedestrian traffic due to the proposed intrusive activity;
(2) The manner in which the intrusive act shall be accomplished;
(3) The manner in which any reconstruction or repair work shall be effected in order to return the public street or roadway to its condition prior to the date of the intrusive act;
(4) The amount and conditions of bond to be posted by the applicant in favor of the village ensuring compliance with conditions of the permit and that the required repair work shall be accomplished within the time specified by the permit; and
(5) The effective and expiration dates of the permit.
(c) Intrusive activity authorized by permit. Any intrusive activity performed on any public street or roadway authorized by permit shall be done in accordance with the terms and conditions hereof. No intrusive activity shall be undertaken until at least one week's written notice has been given to the village manager of the proposed intrusive activity; the bond as required herein has been posted with the office of the village clerk; an appropriate written permit application has been submitted; and a permit has issued from the village.
The application shall provide the following information:
• Applicant's full legal name (and that of permittee, if different);
• Applicant's street and mailing addresses, phone and fax numbers (and those of permittee, if different);
• Description and purpose of the activity, including proposed dates thereof and diagrams, plans or specifications, if any;
• The date(s)in which the street or roadway will be passable/impassable;
• Whether final paving will be completed by the applicant or the village; and
• If the final paving is to be completed by the permittee, the date in which the repairs will be completed (must be within ten working days of the intrusive activity commencing);
• Other data or plans as the village may require.
The applicant or permittee shall furnish to the village a bond in the amount specified in the permit, which shall be not less than $1,000.00, to secure the permittee's performance under the permit and hereunder. The bond shall be in cash or shall be in form acceptable to the village; shall be payable to the Village of Bald Head Island; shall be conditioned upon the performance of each and every condition of the permit; and shall provide for payment on behalf of permittee of any fines or village invoices levied hereunder. With the exception of an emergency that threatens the health, safety, or general welfare of Island citizens and visitors, as determined by the village manager, no intrusive activity shall be permitted on any street or roadway without the proper permit and bond being issued; in violation of any permit provision; or in violation of any other term or provision hereof. If intrusive activity is found to occur without the proper permit and bond being issued; or in violation of any permit provision; or in violation of any other term or provision hereof, the party responsible for the activity shall be subject to a fine in the amount of $200.00 per violation. Each day or portion thereof that a violation exists shall constitute a separate and distinct violation. In the event an intrusive activity is undertaken because of emergency circumstances, the applicant or person performing the activity shall report the activity to the village manager as soon thereafter as can reasonably occur.
Repairs completed by the permittee must be refurbished using 6" of ABC stone, mechanically compacted in 2" lifts and 1 1/2" of I-2 asphalt. The repair must be level with the existing road. The repair will be inspected by a village representative before the posted bond is refunded to the applicant. Repairs not within the above guidelines constitute a violation hereof.
Repairs which are to be completed by the village or which are completed by the village as a result of permittee's or any person's failure to comply herewith or with any permit provision, shall be charged to the bond and to the permittee or person responsible at a rate not less than the cost of repair of such intrusive activity as shown by the village's invoice. The invoice of the village shall be conclusive as to the cost of repair charged hereunder. Any such cost incurred by the village in excess of the amount of a cash or other bond shall be paid by the permittee or person responsible within seven days of notification of charges being mailed to the person responsible or to the permittee at the address shown on the application.
To any fine or village repair invoice not paid in full within ten calendar days of notification having been mailed to the permittee or person responsible shall be added an additional fine of $50.00. Unpaid amounts shall accrue an additional amount monthly of one and one-half percent.
It shall be the responsibility of the applicant to amend the completion date, in writing, if repair or replacement work is expected to go past the completion date provided in the application or in the permit. All permit amendments or the grant of any permit shall be in village's sole discretion.
Carolina Power & Light Company/Progress Energy is specifically excluded from the provisions of the foregoing subparagraph (c)and is subject to prior ordinances specific to it.
(d) Damaged village property. Nothing herein shall be construed as a waiver, limitation or compromise of any rights or remedies the village may have against any applicant, permittee or other person or entity to seek legal redress for damages done to village property, including but not limited to claims the village may have arising under contract, negligence, trespass, conversion, nuisance or other theories of liability. Nor, except as expressly provided herein, shall this article be construed to modify, limit or waive any other laws, ordinances, regulations, rights or remedies of the village.
(e) Interference with underground utilities prohibited. Each permittee shall ensure that no intrusive act or activity shall interfere with any underground utilities, including but not limited to electrical, cable television, water distribution or service, sewer collection and/or telephone cable or conduit, and shall comply with all provisions of G.S. 87-115 et seq.; and no permit issued pursuant to this article shall be construed by the permittee or any other person to include certification that any proposed intrusive act shall comply with G.S. 87-115 et seq.
(f) Signing of application; fee. Each applicant for a permit issued pursuant to this section shall be required to sign the application therefor and shall deliver to the village manager the currently required application fee and which shall be nonrefundable and shall not be credited against the bond required by the village manager.
(Ord. No. 30, § 3, 8-17-1991; Ord. No. 2002-004, § 1, 2-16-2002; Ord. No. 2004-006, § 1, 9-17-2004; Ord. No. 2021-0801, § 5, 8-20-2021)