§ 155.005  COMPLIANCE.
   (A)   Compliance with state law.  All land subdivisions in the town shall be in accord within (Class A) Urban Land Surveys as promulgated by S.C. Code, 1976, Title 40, Chapter 21, as amended July 1, 1991, and described by the Minimum Standards Manual for the Practice of Land Surveying in South Carolina.
   (B)   Conformance to plans.
      (1)   Finished surfaces in all cases shall conform to cross sections, dimensions, 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 Director of Planning and Development, or his or her designee, 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)   Drainage systems in all cases shall conform to cross sections, dimensions, erosion control, and grades as shown on the approved plans.
      (4)   The developer shall furnish the services of a licensed professional 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 are in accordance with the requirements and intent of these specifications.
         (a)   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.2002 S-13
         (b)   Failure to reject any defective work or material shall not in any way prevent later rejection, when such defect is discovered.
         (c)   Final inspection and acceptance of streets will be made by the Director of Planning and Development, or his or her designee, prior to approval.
   (C)   Responsibility of developer.
      (1)   The developer and contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notice necessary and incident to the due and lawful prosecution of the work.
      (2)   The developer shall at all times conduct the work in such a manner to:
         (a)   Provide for and insure the safety and convenience of the traveling public and of the residents along and adjacent to the streets or roads; and
         (b)   Offer the least practicable obstruction to the flow of traffic.
      (3)   The developer and contractor shall assume their responsibilities to the public, or particularly that portion of the public that patronizes or abuts his or her development, and the developer and contractor shall at no time relinquish such responsibility by inferring that the responsibility lies with the municipality of any other organization.
      (4)   Safeguarding the work.
         (a)   The developer shall provide, erect, and maintain in good condition, all necessary barricades, suitable and sufficient lights, danger signals, and other signs and take all necessary precautions for the protection and safety of the workers, contractors, the public and others in conformance with the Uniform Manual of Traffic Safety, federal, state, and local safety codes and regulations.
         (b)   The developer shall indemnify agents, and employees from all suits or claims of any character brought because of injuries or damages received or sustained by any person or property on account of operations of the developer; or on account of or in consequence of any neglect in safeguarding the work; or because of any act of omission, neglect, or misconduct of the developer or contractor.
   (D)   Acceptance of dedication and maintenance of improvements.
      (1)   The dedication of public space, parks, right-of-way, easements, or the like on the plat shall not constitute an acceptance of the dedication by the town.
      (2)   The acceptance of the dedication shall be indicated by the recording of appropriate legal documents.
('81 Code, Art. III intro, and §§ 156.004, 156.006 and 156.017) (Ord. passed 6-9-92; Am. Ord. 00035, passed 7-11-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16)