§ 153.009  CONSTRUCTION AUTHORIZATION AND COMPLIANCE.
   (A)   Conformance to plans.
      (1)   Finished surfaces and drainage systems in all cases shall conform to cross sections, dimensions, erosion controls, and grades shown on the approved plans.
      (2)   Deviations from the plans.
         (a)   Any major deviations from the plans during construction or otherwise shall, in all cases, be approved by the Town Engineer and authorized, in writing, prior to the construction of all deviations.
         (b)   Minor variations may be made and shown on the as-built plans.
      (3)   All drainage system construction shall be done in accordance with the latest edition of the State Highway Department Standard Specifications for Highway Construction, the South Carolina DHEC Stormwater Management BMP Handbook, the Town stormwater BMP manual, if available, and all applicable town ordinances, design standards, and other requirements that may be adopted or implemented.
         (a)   Field and laboratory testing shall be provided by others.
         (b)   Field and laboratory test results shall be furnished to the town in accordance with the requirements provided by the Town Engineer or his or her representative.
      (4)   The developer shall furnish the services of a licensed professional, as described in § 153.008, to prepare the necessary plats, analyses and plans for ascertaining whether or not the work performed and materials used in conjunction with the public streets and drainage systems are in accordance with the requirements and intent of these specifications.
      (5)   Any work done or materials used without supervision or inspection of the licensed professional or his or her representatives may be ordered removed and replaced at the developer's expense.
      (6)   Failure to reject any defective work or material shall not in any way prevent later rejection, when such defect is discovered.
      (7)   Final inspection will be made by the Town Engineer, or his or her designee, and acceptance of streets and drainage systems will be made by the Director of Engineering and Development Services or his or her designee prior to approval.
   (B)   Compliance with plans.
      (1)   An inspecting professional shall observe construction for compliance with plans and specifications approved by the town.
      (2)   If construction is found to be in compliance with the plans and specifications, the inspecting professional shall make the required certification as to the observation of construction.
      (3)   Should the inspecting professional find that construction is not in compliance with the plans and specifications, he or she should notify all concerned, including the Director of Engineering and Development Services or his or her designee, that he or she will not make the required certification.
      (4)   The inspecting professional shall be a certified professional in the state and, therefore, is responsible for seeing that the observations of construction satisfy this requirement, including the intent of the state laws, and that the public is protected.
      (5)   The inspecting professional for the SWPPP portion of the project must meet the qualifications requirements set forth in § 153.043(I).
      (6)   The inspecting professional is not an employee of the town, but rather a professional whose services are obtained by those undertaking the work.
      (7)   The inspecting professional shall be identified on the plans by name, firm name, address and telephone number.
      (8)   In the event the inspecting professional is changed:
         (a)   The named inspecting professional shall certify to the work completed;
         (b)   The developer shall notify the Director of Engineering and Development Services or his or her designee, of the change in writing; and
         (c)   A new named professional shall certify the remaining work done.
   (C)   Log.  All observations by the professional shall be logged, and a copy of the log shall be provided at the time of request for acceptance of the work by the town.
   (D)   As-built plans.  As-built plans, as referenced in § 155.026(A)(2), shall be furnished to the Director of Planning and Development upon completion of the work, prior to final acceptance.
   (E)   Certificate of compliance. For the development or construction on all individual lots, the certificate of compliance, as set forth in Chapter 155, Appendix B, § 13, shall be signed by the property owner prior to the issuance of a building permit.
   (F)   Materials and workmanship certification/ as-built certification.  The owner shall provide a materials and workmanship certification/as-built certification, as set forth in Chapter 155, Appendix B, § 8, and is required before final plat approval or issuance, and shall accompany the permit in non-subdivision areas where improvements are made.
   (G)   Two-year warranty.
      (1)   The developer shall execute an agreement guaranteeing the required public street and drainage improvements against defect in workmanship and materials for two years after acceptance of such improvements by the town, as documented by the date of recording the initial plat with the RMC office.
         (a)   Under this two-year warranty included in Chapter 155, Appendix B,  § 7, the developer is noted as responsible for maintaining free and clear drainage systems and protecting the drainage system from damages during the warranty period.
         (b)   Therefore, the developer shall be responsible for:
            1.   Maintaining clean drainage systems during the two-year warranty period; and
            2.   All costs associated with cleaning and repairing the drainage systems.
         (c)   Failure to respond to cleaning and repair requests, within the time frame specified by the town, shall result in the cessation of future phase work until such a time as the drainage system is cleared, repaired and accepted by the Town Engineer or town inspection official.
      (2)   The agreement shall be submitted to the Director of Engineering and Development Services or his or her designee.
      (3)   Along with the Director's recommendation, the town may require a cash bond or other acceptable surety, in an amount to be determined by the Director, in addition to the agreement.
      (4)   The two-year warranty period on the piped drainage systems shall not terminate until an inspection has been performed by a town inspection official.
         (a)   This inspection will be to ensure that all portions of the drainage systems are free and clear of silt, sediment and trash associated with construction activities, and free from defects or damages prior to acceptance by the town.
         (b)   Video inspections of the drainage system shall be submitted to the Director of Engineering and Development Services or his or her designee.
   (H)   As-built submittals and facility agreements.
      (1)   Acceptable as-built plans shall be submitted at the time of application for final plat approval, or upon completion of the work and prior to:
         (a)   The use or occupancy of any commercial or industrial site;
         (b)   Final acceptance of any road into the Official Town Road Inventory;
         (c)   Release of any bond held by the town;
         (d)   Approval and/or acceptance for recording of map, plat or drawing, the intent of which is to cause a division of a single parcel of land into two or more parcels; and
      (2)   The licensed professional shall certify that:
         (a)   The facilities have been constructed as shown on the as-built plan, and
         (b)   The facilities meet the approved drainage plan and specifications.
      (3)   The owner shall submit a copy of the signed permanent stormwater system maintenance and responsibility agreement, as set forth in Chapter 155, Appendix B, § 15.
   (I)   Final inspection.  A final inspection shall be conducted by the Director of Engineering and Development Services or his or her designee, upon completion of the work included in the approved drainage plan, to determine if the completed work is constructed in accordance with the plan. This inspection shall be documented in a log/checklist in accordance with Chapter 155, Appendix B, § 1, Final Inspection Checklist. A complete and approved checklist shall be submitted for both final plat and end of warranty approvals.
(Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13; Am. Ord. 21039, passed 5-11-21)