(A) Permits; required information. Persons doing work in the public way and users, including, but not limited to, users with a franchise or license with the town, shall obtain required permits and shall pay applicable application, review, permit, and inspection fees. Permits may be denied if the person or user owes money to the town for prior fees, restoration costs, or other costs sustained by the town in connection with work or facilities in the public way. Applicants for permits shall furnish drawings, maps, and any other information that may be required by the town in the form the town requests and shall seek approval of construction plans, if required.
(B) Compliance with requirements; revocation of authorizations. Persons and users shall comply with this chapter, with the additional standards adopted by the town, and with the requirements of authorizations. The town may revoke an authorization for noncompliance with its terms and conditions or implementing standards and requirements, or when an activity endangers the public health or safety.
(C) Bonds; performance guarantees.
(1) The town may require a person conducting activities in the public way or a user to provide a performance bond or other performance guarantee for the work in division (A) above or for keeping facilities in the public way. The amount, form, and content of the guarantee shall be determined in the discretion of the town. The town may increase or decrease the amount of the bond or performance guarantee required.
(2) The town shall determine, in its discretion, the time period for which a performance guarantee shall be kept in force. The town may consider, among other things, the time period for a project and assessment of the performance of the project, the length of a license or franchise, and/or the projected time during which facilities will exist in the public way.
(3) The performance guarantee shall, among other things, ensure compensation for:
(a) Damages resulting from the proposed work or a user’s maintenance of facilities in the public way;
(b) Direct and indirect costs to the town of remedying damage to the public way or facilities within the public way;
(c) Direct and indirect costs to the town of remedying noncompliance with town ordinances or authorizations; and
(d) Fines or penalties owed to the town.
(4) The rights reserved to the town under a bond or performance guarantee do not limit the claims or rights the town may bring against a person, except where a bond or guarantee has fully satisfied a town claim. Every bond shall require the surety to provide notice of cancellation or nonrenewal by registered or certified mail, which notice must be given in writing to the town at least 14 days prior to the effective date of such cancellation or nonrenewal.
(D) Insurance.
(1) The town may require persons that do work in the public way and users to provide insurance by a company authorized to do business in the state, including, but not limited to:
(a) Workers’ compensation coverage for all employees;
(b) Employers’ liability insurance;
(c) Commercial general liability; and
(d) Business auto policy.
(2) The town shall be a certificate holder on all such policies and may require that the town be named as an additional insured on such insurance policies as it shall specify. The amount of insurance shall be as determined by the town.
(E) No interference with town or SGWASA utilities. Persons doing work in the public way shall not interfere with existing town or SGWASA utilities, such as infrastructure for water and sewer, the natural and constructed stormwater system, and traffic signals and associated lines, or the repair or replacement of such systems. Persons doing work in the public way shall give the town and SGWASA at least two full business days to locate and mark any existing town or SGWASA utility lines prior to initiating work. For example, if notice is given at 3:00 p.m. on Friday, the town and/or SGWASA shall have all day Monday and Tuesday to locate and mark any existing town or SGWASA utility lines with work by the person giving notice beginning in the public way no earlier than Wednesday. Damage to town or SGWASA utilities or other infrastructure shall be paid for by the person or user contracting for the work that resulted in such damage. If facilities are installed in violation of this provision, the town may require their removal, at the owner’s expense.
(F) Compliance with regulations, safety standards, and industry codes. Persons and users performing work in the public way shall ensure worker, traffic, and pedestrian safety and shall ensure that all work is performed in accordance with industry standards. Compliance with all federal, state, and local regulations, and all federal, state, local and industry codes and standards is required. These include, but are not limited to, compliance with the Occupational Safety and Health Act, being G.S. §§ 95-126 et seq., compliance with the National Electrical Code and National Electrical Safety Code, compliance with fiber optic installation standards and telecommunication industry standards, compliance with plumbing and pipe installation codes and standards, and compliance with standards and codes for traffic safety and lane closures. Persons and users shall provide all equipment and personnel necessary to meet applicable regulations, codes, and standards and shall furnish additional equipment or personnel if requested by the town. Information requested by the town regarding compliance with these standards shall be provided within the time frame requested by the town.
(G) Licensed professionals. Work in the public way shall be performed and supervised by licensed professionals where required under state law.
(H) Notice of beginning and end of project. Persons doing work in the public way shall notify the town upon beginning and ending a project in the public way.
(I) Inspections; fees. The town may conduct inspections of work performed in the public way. Persons performing such work and users shall comply with all directives of the town to facilitate such inspections. The town may charge fees as set by the Town Council for such inspections, which may be varied to account for the nature of the project, the number of inspections required, or other factors, and which may be sufficient to reimburse SGWASA for the costs of any activities that it is required to undertake at the request of the town or otherwise hereunder; provided, however, nothing herein shall prevent SGWASA from directly charging a person any fees or for any services that it is entitled to charge. The town may direct a person or user to do additional work as a result of an inspection and such person or user shall comply with such directive.
(Ord. passed 5-1-2014)