(a) The Town of Fayetteville may prohibit or restrict the applicant from working within a right-of-way when a road is closed, or its access is limited to the public.
(b) The applicant shall employ due care during the installation, maintenance, or any other work in the right-of-way, and shall comply with all safety and right-of-way protection requirements of applicable laws, codes, guidelines, standards, and practices, and any additional commonly accepted safety and public right-of-way protection standards, methods, and devices to the extent consistent with applicable laws.
(c) Unless otherwise specified in the permit, the applicant shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control devices, signs, and lights to protect, warn, and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Uniform Manual of Traffic Control Devices. The applicant shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is restored to a safe condition or as otherwise directed by the Town of Fayetteville.
(d) The applicant shall not interfere with any existing facilities or structures in the right-of-way and shall locate its lines and equipment in such a manner as not to interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts any right-of-way.
(e) If the Town of Fayetteville determines that a small wireless facility or utility pole violates the building code or otherwise creates a danger to the public’s health, safety, and welfare, the Town of Fayetteville shall follow the processes and procedures laid out in the West Virginia State Building Code.
(f) Any damage to the right-of-way directly caused by an applicant’s activities in the right-of-way shall be repaired in order to return the right-of-way to its functional equivalence before the damage. After the applicant receives written notice, the Town of Fayetteville may assess a fine of one hundred dollars ($100) per day until the repairs are completed. If the applicant fails to make the repairs required by the Town of Fayetteville within a reasonable time after written notice, the Town of Fayetteville may complete the repairs and charge the applicant for the reasonable, documented cost of the repairs in addition to the one hundred dollar ($100.00) daily fine. (Passed 7-7-22.)