(A) All permitted activity in the town-maintained road right-of-way shall be performed in accordance with appropriate federal, state, and local standards.
(B) All permitted activity shall be performed to the satisfaction of the Public Works Director or designee. Permits may not be issued or shall be revoked for activity that is not performed in accordance with sound engineering and construction principles or otherwise in compliance with law.
(C) Except in emergency circumstances, all activity in the public right-of-way shall be performed during daylight hours, sunrise to sunset, unless otherwise specified in the permit.
(D) Except in the event of an emergency, the Public Works Department shall be notified at least three business days in advance of the start of the activity. Should the Public Works Director find work in progress before notification by the applicant and/or permit not on-site during construction, work will be stopped until all permit requirements have been met.
(E) As required by law, the applicant must contact the Palmetto Utility Protection Service (P.U.P.S.) at 1-888-721-7877 at least three business days before any type of excavation activity commences. The P.U.P.S. number must be noted on the permit.
(F) All activities within the town-maintained road right-of-way shall be conducted in a manner that causes minimal inconvenience to adjacent property owners and the traveling public. Reasonable access to driveways, houses, and buildings adjacent to the site shall be maintained at all times unless previously arranged in writing with the affected party. Any temporary approaches to crossings or intersecting highways shall be pre-approved by the Public Works Department and kept in good condition. All business establishments or homes within 300 feet of the site shall be notified at least 24 hours in advance of any activity and shall have access during construction at all times. Any trees, shrubbery, or landscaping damaged by the applicant during the activity shall be replaced as directed by the Public Works Director if owned by the town or the owner if on private property.
(G) No debris spoils or stockpiling of materials shall be allowed unless specifically authorized in a permit. Under no circumstances shall material stockpiles be left in the street or on shoulders of the town-maintained road right-of-way overnight
(H) Excavations shall be limited to 1,000 linear feet of open trench before backfill operations must begin. If any excavation cannot be backfilled immediately, the applicant shall securely and adequately cover the excavation and maintain proper barricades and lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel. The Public Works Director or designee shall determine the suitability of excavation barricading in each circumstance.
(I) All concrete forms shall be inspected by the Public Works Director 24 hours prior to pouring.
(J) Traffic controls within any permit site shall conform to the Manual of Uniform Traffic Control Devices (MUTCD), latest edition.
(K) If it should ever become necessary to move or relocate a facility, or any part thereof, on account of change in location of the roadway, widening of the roadway, or for any other sufficient reason, such moving or relocation shall be done on demand of the Public Works Department at the sole expense of the owner of the facility. If and when the facility contemplated herein shall be moved or relocated, either on the demand of the Public Works Department or at the option of the owner, all work in connection with the construction, maintenance, moving or relocation of the facility contemplated herein shall be done by and at the expense of the owner, and the roadway and facilities shall be restored to their original condition at the expense of the owner.
(L) If significant damage to the asphalt surface of a town-maintained public road occurs or is anticipated to occur as a result of a permitted activity, the Public Works Director has the right, as a condition of the permit, to require the applicant to resurface (not spot repair) the entire affected road surface within or adjacent to the permitted site. A separate bond in the amount of 125% of the contract cost of resurfacing shall be posted prior to construction.
(M) In the event of an emergency, an individual or entity may act without a permit but shall notify the Public Works Director within 24 hours of the emergency response, or as soon after that is reasonably practicable. The individual or entity shall then obtain a permit from the Public Works Department within 48 hours of the emergency response or may be subject to a civil penalty not to exceed $500. Failure to comply with and honor a civil penalty shall constitute a violation of this subchapter, and such violation shall be punishable in accordance with § 97.99.
(Ord. 21-07, passed 8-2-21)