(A) Permits must be obtained at least 48 hours prior to initiating any activity within the town-maintained road right-of-way. Permit applications and a schedule of required fees and security, as amended periodically by the Town Council, shall be available for review upon request from the Pendleton Town Hall, located at 310 Greenville Street, Pendleton, SC 29670, or on the internet at www.townofpendleton.org.
(B) The applicant should be familiar with the proposed activity within the town-maintained road right-of-way or secure the assistance of a qualified contractor to represent the applicant and should be prepared to discuss the proposed activity with the Public Works Department at the time of application. The applicant shall be required to submit a sketch or drawing with each permit application. Depending upon the complexity of the proposed activity, three sets of detailed engineering plans may be required to provide sufficient information regarding the horizontal and vertical placement of the proposed facilities, such as the area of placement, proximity to existing facilities, safety measures needed to safeguard the public, and methods of protection of public and private facilities from damage during and after construction.
(C) Except as noted below, licensed and bonded contractors or utility companies shall be required to perform all activities within the town-maintained road right-of-way. The issuance of permits to individuals shall be restricted to situations where the nature of the encroachment is such that a licensed and bonded contractor is not required to ensure and protect the integrity of the roadway and the safety of the public. However, permits shall not be issued to individuals if the proposed activity requires compaction of fill, erosion protection measures, or other activities that would place at risk the integrity and stability of the town-maintained road right-of-way.
(D) A contractor or utility company acting as an agent for an applicant may secure a permit. However, by signing the application, the agent and the applicant accept all responsibility for all activity associated with the permit.
(E) Permits shall be valid for a period of time not to exceed 90 days from the date of issuance unless pre-approved for a more extended period of time by the Public Works Department. A permit may be extended for an additional period of time as determined by the Public Works Department. Applicants or their agents working under an expired permit shall be subject to the same penalties as an individual or entity working without or failing to comply with the terms of a permit.
(F) The applicant, or any agent or employee of the applicant, shall obtain all necessary information related to the existence and location of all existing surface and underground facilities. To the fullest extent of the law, the applicant shall hold harmless and indemnify the town, its successors and assigns, officers, Council members, agents and employees from and against any and all claims, losses, expenses (including reasonable attorney's fees), demands or judgments which result from or arise out of damage to other facilities and/or adjacent private property while working in the town-maintained road right-of-way.
(G) Upon completion of the permitted activity, the applicant shall restore the town-maintained road right-of-way to its original condition, ensuring that all repairs conform to the requirements contained in the current edition of the SCDOT Standard Specifications for Highway Construction Manual. Eighteen (18) months after completion of the permitted activity, security funds held by the town, if any, shall be returned to the applicant, provided the Public Works Director, upon final inspection, approves the repair. If the Public Works Director deems the repair to be unacceptable, the Public Works Director shall notify the applicant of the unacceptable nature of the repair and provide the applicant 30 days to correct such deficiency before permanently retaining the security to properly repair and restore the town-maintained road right-of-way to its original condition. Once the town-maintained road right-of-way has been adequately repaired, excess security funds held by the town, if any, shall be returned to the applicant. The Public Works Department reserves the right to correct or have problems corrected and charge all associated costs (including but not limited to labor, materials, equipment, supervisory, and administrative) to the applicant or its security deposit.
(H) The Public Works Department may refuse to issue a permit if any monies are due and outstanding from the applicant or for inadequate past performance on the part of that applicant.
(Ord. 21-07, passed 8-2-21)