Mount Pleasant City Zoning Code

CHAPTER 158

EXCAVATION AND CONSTRUCTION ON PUBLIC PROPERTY

§ 158.01 APPLICABILITY.

Any person, firm, or corporation owning and operating or hereafter installing and operating any utility within the right-of-way of any public street or on any public property situated within the town, or any person, firm, or corporation performing any repair, excavation, construction or installation of any appurtenance in any street right-of-way or on any public property shall do so in accordance with the terms and conditions provided in this chapter.

(Ord. 16049, passed 7-27-16)

§ 158.02 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EXCAVATION AND CONSTRUCTION. Includes installation, repair, and replacement of driveways and sidewalks, the installation, repair, and replacement of all public utilities and other utilities, and other projects involving construction activities over, upon, or beneath rights-of-way or public streets or on any public property within the Town of Mount Pleasant municipal limits.

MINOR REPAIRS. Work personally performed by property owners to existing sidewalks or driveways located on public streets abutting their property. MINOR REPAIRS may include crack repair, removal and replacement of existing driveways to the same line and grade, or resurfacing. MINOR REPAIRS exclude any street curb cut work.

RIGHT-OF-WA Y or PUBLIC STREET. All of that area presently used, owned, or dedicated to or by the town and/or the South Carolina Department of Transportation (SCDOT) for a street, including sidewalks, curbs, gutters, driveway aprons, and all other areas of the right-of-way, whether or not physically incorporated in the street, in addition to any property owned by the town or state.

ROUTINE MAINTENANCE. Periodic repair or replacement of existing utility poles, transformers, cables, and similar facilities. ROUTINE MAINTENANCE excludes any street curb cut work.

STREET CURB CUT WORK. Work done to or through the actual street surface or curb and gutter section.

(Ord. 16049, passed 7-27-16)

§ 158.03 RELOCATION OF UTILITIES AT COST OF THE OWNER.

(A) In the event of the abandonment, widening, repair, installation, construction, or reconstruction by or for the town and/or SCDOT of any road, bridge, culvert, traffic signal, street light, water distribution system, sewage collection system, storm drain system, or any other town facility within a street right-of-way, the owner of any utility shall move, relocate, or renew such facility, upon request of the town, when necessary for public safety and welfare and when a suitable site is available, all at the cost and expense of the owner of such utility.

(B) The town shall provide reasonable notice to the affected utility owner.

(Ord. 16049, passed 7-27-16)

§ 158.04 RESPONSIBILITY FOR UTILITY SERVICES.

(A) In the event pavement, drainage or other street damage or deficiency is caused by settlement, leakage, rupture, or other action related to the utility, the repairing of such damages will be the sole responsibility of the developer or the utility owner and shall be repaired without cost to the town.

(B) A developer shall cause to have installed all water and sewer prior to acceptance of roads or streets by the municipality.

(1) All underground utility services under base and paving must be installed prior to placing curb and gutter base and paving, and shall be buried to a depth to insure free use of future equipment without damage to utility services.

(2) All utilities not under pavement shall also be buried to a depth to insure free use of equipment in the future without damage to the utility.

(3) Location of utility poles.

(a) All utility poles will be located a minimum distance of 20 feet from the centerline of minor streets or roads.

(b) Higher classifications of streets shall require increased distances as determined by the Director of Engineering and Development Services or designee.

(c) In areas where streets or roads require ditch sections for drainage purposes, utility poles will be installed at sufficient distances from the centerline to insure no interference with the construction or maintenance of the ditches.

(C) In the event that future phases of development construction result in damages to underground utility mains or services, the repairing of such damages will be the sole responsibility of the developer and shall be repaired without cost to the municipality.

(D) Whenever any entity performing any excavation in a street, alley, or other public place fails to properly refill or maintain the same, in the sole discretion of the town, for a period of two years, the municipality may cause necessary repairs or maintenance to be performed, and the cost thereof shall be charged to the entity or against the performance bond, as provided in § 158.11.

(Ord. 16049, passed 7-27-16; Am. Ord. 21043, passed 5-11-21)

§ 158.05 REQUIRED PERMITS AND APPROVALS.

(A) Encroachment permit required.

(1) Before performing repairs, excavation or construction or any similar work in any public right-of-way, public easement or on any public property, an encroachment permit (hereinafter referred to as "permit") shall be obtained from the Town of Mount Pleasant Engineering and Development Services Department, except in those instances otherwise provided for in this chapter.

(2) A permit shall not be required for minor repairs or regular maintenance activities.

(3) A permit shall not be required for maintenance and repair of residential driveways that tie into existing street curb and gutter and that do not require modifications of the same.

(B) Prior approval required for street cut. The installation or repair of utilities that require the cutting of street pavement shall be allowed only with prior approval of the town.

(1) No new or resurfaced street or road shall be cut within five years from its completion.

(2) Provision of new services may be considered for exceptions.

(3) Exceptions must be approved by the Director of Engineering and Development Services or his or her designee.

(4) In compliance with § 158.09, bonafide emergency utility repairs may be made as required.

(5) Once approval has been given, no person, firm, or corporation shall cut or dig in the town for the purpose of connecting with water, sewer, gas, or other mains or pipes in the streets, or for any other purpose by digging or cutting more than halfway across such street until the half which has been cut or dug up shall have been backfilled or plated over with street traffic plates so that one half of the passageway of the street shall always remain open and free for the uninterrupted passage of traffic.

(6) Traffic plates shall be used when restoring the pavement cut to allow traffic movement during the period of time when the flowable fill concrete is curing to the point where the complete street surface can be restored.

(7) Where a request is made to cut the pavement, the following minimum information shall be furnished:

(a) Statement of the requirement for a cut in the pavement.

(b) Detail of cut for acceptable backfill or flowable fill concrete as per SCDOT/town requirements.

(d) Traffic detour plans and procedures for handling traffic during construction. See requirements of § 158.07.

(e) Written notification to Mount Pleasant Police Department and the Town Roadway Inspector a minimum of three business days prior to commencement of work.

(1) For new construction, an applicant shall submit two sets of project construction plans at the time of filing an application for a permit.

(2) Plans will not be required for routine maintenance and service installation.

(D) Construction plans to be reviewed in timely manner.

(1) The construction plans shall be reviewed in a timely manner and a permit issued only after the plans and subsequent revisions are determined acceptable to the town.

(2) The utility owner shall be solely responsible for the engineering and design of its project, and the integration of its maintenance and construction responsibilities.

(E) Road and lane closure plans.

(1) A road closure plan, detour plan, and/or lane closure plan is required for any work that requires a road to be closed or detoured, or a lane to be closed.

(2) Notice of plan shall be given to the town's Communications Officer, in writing, a minimum of three business days prior to commencement of work.

(3) A copy of the plan must be submitted as part of the permit application.

(F) Requirements to be met before work can commence. Except in the case of emergencies as defined in § 158.09, no work shall commence until the permittee has:

(1) Obtained a utility location request number from Palmetto Utility Protection Service;

(2) Met the minimum three business day notice requirement; and

(3) Met all state requirements.

(G) Permit with conditions.

(1) In order to expedite the issuance of a permit, a permit may be issued with conditions on construction and work hours initialed on the face of the permit in lieu of requiring revisions in the plans.

(2) Upon issuance of the permit, one set of construction plans marked "approved" will be returned to the utility.

(H) Fee.

(1) The fee for a permit for work performed under this chapter shall be paid in accordance with the Engineering and Development Services Department fee schedule. The fee includes permit review, revisions to permit review, inspection of ongoing work and final inspection.

(2) If the work for which a permit has been issued is canceled, the town will refund the amount paid, if requested prior to beginning of any work and no later than the date on which the permit expires.

(3) Waiver of permit fee.

(a) The town may waive the permit fee for all work performed by a governmental agency or utility company, whether this work is performed by employees of a governmental agency or by a private firm or corporation under contract with the governmental agency.

(b) However, such governmental agency, utility company, private firm or corporation under contract therewith shall not be relieved of the responsibility for obtaining a permit for work covered in this chapter.

(I) Additional requirements.

(1) All permits shall be kept at the place of excavation while the work is being done, and exhibited whenever called for by any person having an authority to examine such permits.

(2) There shall be no more than one half the width of any street or alley opened or obstructed at any one time.

(3) Tunneling shall not be allowed and no authorized underground construction shall be injured or interfered with.

(4) All portions of the place excavated shall be put in as good condition as before the excavation was made.

(Ord. 16049, passed 7-27-16; Am. Ord. 21043, passed 5-11-21)

§ 158.06 SCDOT MAINTAINED ROADS.

A town encroachment permit shall not be required for work on SCDOT maintained roads. In the event that a road or lane closure is necessary the party performing the work shall provide a copy of the approved SCDOT encroachment permit to the Town Roadway Inspector. Additionally, the party performing the work shall notify, in writing, the Mount Pleasant Police Department and the Town Roadway Inspector a minimum of three business days prior to commencement of work. Work on SCDOT maintained roads shall not exempt any party from complying with applicable Town of Mount Pleasant ordinances or regulations.

(Ord. 16049, passed 7-27-16)

§ 158.07 UNIFORMITY OF TRAFFIC CONTROL METHODS.

(A) For the purpose of providing uniformity of traffic control methods, procedures, and devices for the use in connection with street and highway construction and maintenance operations, the town hereby adopts the current edition and the latest revision of the Manual on Uniform Traffic Control Devices for Streets and Highways, as published by U.S. Department of Transportation Federal Highway Administration, as the governing criteria for the design, placement, and use of traffic control devices for street and highway construction and maintenance operations within the town.

(B) Every person, firm, or corporation making or causing to be made any construction ditch or any other excavation, road maintenance, utility maintenance, or utility construction in a street right-of-way or on any public property shall do so in careful, prudent, and professional manner so as to properly safeguard and protect the work site and to prevent injury to persons or property in at least the following manner.

(1) It is required that for every excavation made on public property, proper safeguards shall be provided against injury to the public, barricades shall be provided at five-foot distance, and such barricades shall completely encircle all open excavations or trenches. When approved, steel plates of sufficient strength may be used to cover excavation to prevent blocking of streets.

(2) By providing and maintaining adequate light to disclose to the public the existence of any construction in the street, whether night or day.

(3) By conforming to the barricade installations, traffic flow controls, and lighting as required the latest edition and revisions of the Manual on Uniform Traffic Control Devices for Streets and Highways, as published by U.S. Department of Transportation Federal Highway Administration.

(4) No work will be permitted within the street during peak traffic periods, 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 p.m., Monday through Friday, unless it is determined by the Director of Transportation that the work will not contribute to the disruption of traffic patterns or safety.

(5) An exception to division (B)(4) will be made for emergency work as defined in § 158.09 hereunder.

(Ord. 16049, passed 7-27-16)

§ 158.08 SPECIFICATIONS FOR EXCAVATION, BACKFILLING, AND RESTORATION OF SERVICE.

(A) The width of a trench cut shall be kept to the minimum width necessary to install and properly tamp

around the pipe or any new installation.

(1) If rock or adverse soil conditions are encountered and shoring is required, then the trench cut shall be of sufficient additional width to provide for the protection of the workers and proper installation of the pipe or other structure.

(2) Excavations shall comply with applicable Department of Labor Safety and Health Standards for Excavations.

(B) (1) Longitudinal installations of all drain, water, sewer or gas pipes shall be installed within rights-of-way or easements of the town to a minimum cover depth of three feet. The minimum cover depth under pavement shall be four feet below the lowest point of the roadway cross section.

(2) Exceptions may be made where required by unusual conditions on a case by case basis by the Town Roadway Inspector.

(C) When soil conditions permit and there are no conflicting utilities, gas, water, telephone, electric, and cable TV service lines shall be installed through a jacking or boring process.

(1) Sewer service lines should be installed through a jacking or boring process.

(2) However, in the event the jacking procedure is attempted and unsuccessful, then the pipe may be installed using an open cut procedure, with approval by the Town Roadway Inspector.

(D) Before backfilling of any street cut, the contractor shall request an inspection by the Town Roadway Inspector.

(E) The backfill shall be flowable fill concrete as per Section 210 of the 2007 edition, or the latest revision, of the SCDOT's Standard Specifications for Highway Construction.

(F) (1) Prior to completing the backfill operation in all streets in the town, pavement shall be cut 12 inches on each side of the trench and a minimum depth of two inches.

(2) The excavation area shall be paved with a minimum of four inches of hot mix asphalt.

(G) All material shall meet the specifications of the current edition, or latest revision, of SCDOT's Standard Specifications for Highway Construction.

(H) Where the existing pavement sub-base is soil, soil cement, or crushed stone, the base for the permanent pavement repair in all streets shall consist of a minimum of eight inches of flowable fill concrete or acceptable soil backfill as per ASTM D1557.

(1) Where the existing pavement base is concrete, the permanent pavement repair shall consist of a minimum of ten inches of flowable fill concrete or acceptable soil backfill as per ASTM D1557.

(2) If the existing pavement surface is asphalt or tar and gravel, then the permanent pavement repair shall consist of four inches of asphalt.

(3) Where sidewalks are cut, the entire section shall be removed and replaced from the nearest joints and curb.

(I) (1) The entire surface of asphalt roadways will be overlaid on all longitudinal cuts.

(2) Where numerous random utility cuts are made, the street or lane shall be resurfaced for its entire width, if so determined by the Director of Transportation.

(J) (1) No cuts will be permitted to be opened if, in the opinion of the Director of Engineering and Development Services, the cut cannot be backfilled and resurfacing restored within a reasonable amount of time, or if traffic flows cannot be maintained.

(2) Exceptions will be made for emergencies as defined in § 158.09 hereunder, with due notice to the town's Director of Engineering and Development Services in the form of a traffic control plan and schedule to complete roadway repair.

(K) If any pavement, drainage or other street damage or deficiency is caused by settlement, leakage, rupture, or other action related to the utility, the town may take such corrective action as it deems appropriate and charge the permittee for such costs, including the restoration of such excavation, or give notice to the permittee to restore such excavation or pavement within ten days of such receipt of notice or be in violation of this section.

(Ord. 16049, passed 7-27-16; Am. Ord. 21043, passed 5-11-21)

§ 158.09 DEFINITION OF EMERGENCY AND PERMIT REQUIRED FOR EMERGENCY CUTS.

(A) The term EMERGENCY shall mean the repair of a utility that must be made to restore service, to avoid property damage, or to eliminate danger to the public.

(B) Notice of an emergency pavement cut shall be given to the town by telephone during normal business hours.

(1) If the cut is made after normal business hours, then notification shall be given at the beginning of the next business day.

(2) An application will be made for a permit for all emergency cuts within 72 hours after the cut has been made.

(3) All other provisions of this chapter shall apply to emergency cuts.

(Ord. 16049, passed 7-27-16)

§ 158.10 SUSPENSION OF PERMIT UPON FAILURE TO COMPLY.

(A) If a person performing construction fails to perform the construction in accordance with the conditions of the permit or the requirements of this chapter or existing ordinances of the town, the permit may be suspended and work stopped until such time as the person performing the work gives assurances to the town of his or her ability and intention to complete the work in accordance with the conditions of the permit and this chapter and the other code provisions of the town.

(B) Any stop work notice shall be delivered, in writing, to the representative of the person, firm, or corporation performing the work, and shall state the reasons for such notice.

(Ord. 16049, passed 7-27-16)

§ 158.11 PERFORMANCE BOND.

(A) (1) Before any permit required by § 158.05 is issued, the Director of Engineering and Development Services may require the applicant for such permit to submit to the town a bond with corporate surety, payable to the municipality and conditioned on restoration by the applicant of all streets, alleys, or other public places covered by the permit to as good condition as before the excavation work shall have been commenced, and to maintain all safeguards required by this subchapter from the time of beginning work under such permit until such restoration has been made.

(2) Such bond shall be in such amount as the Director of Transportation considers adequate to protect the interests of the municipality.

(B) In lieu of bond, the Director of Engineering and Development Services may require the applicant to deposit with the town such amount in letter of credit, cashier's check or other surety, conditioned as provided in division (A)(1) above.

(Ord. 16049, passed 7-27-16; Am. Ord. 21043, passed 5-11-21)

§ 158.12 INDEMNIFICATION.

(A) Prior to undertaking any work in conjunction with the permit, the applicant shall provide the town certificates of insurance to protect the interests of the public, the town, and contractor involved with the work.

(1) Insurance for public liability and property damage, including vehicle coverage, shall be in effect with a limit of the work.

(2) Insurance for public liability and property damage, including vehicle coverage, shall be in effect with a limit of not less than $1,000,000.

(3) The certifications shall contain a provision that coverage will not be canceled unless at least 30 days prior written notice is given to the town.

(B) The applicant shall provide workmen's compensation for the workers involved.

(C) To the fullest extent permitted by law, the applicant shall indemnify and hold harmless the town from and against liability, claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the work.

(D) Should the applicant wrongfully cause damage to the property of the town or others, the applicant shall, upon notice, promptly repair, settle or resolve the damage to the satisfaction of the parties involved.

(Ord. 16049, passed 7-27-16)

§ 158.13 POLICE POWERS.

Any permittee shall at all times be subject to all lawful exercise of the police powers of the town, including but not limited to, all powers regarding zoning, supervision of construction, control of the public streets and right-of-way, and the like.

(Ord. 16049, passed 7-27-16)

§ 158.99 PENALTY.

Any person who shall violate the requirements of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,000 or to imprisonment not exceeding 30 days, or both.