[1]
Editor's Note: See G.S. § 7-148(c)(6)(C)(iii) and (iv).
[Ord. No. 9, § IV]
Any person violating any provisions of this article may be punished by a fine of not less than $40.00 and not more than $100.00, and each day such violation shall continue after notice to the offender may be deemed a separate offense.
[1]
Editor's Note: See G.S. § 7-148(c)(10)(A).
[Ord. No. 9, § I]
Within the Town, no person shall excavate within the highway lines of any street or highway under the control of, or maintained by the Town, or dig below the surface of any street or highway, or place any obstruction thereon or install a driveway or do grading thereon without first obtaining a permit therefor from the Town Engineer or his authorized representative.
[Ord. No. 9, § II]
(a) 
The issuance and expiration of such permits shall be in accordance with the following rules and regulations:
(1) 
A permit will be issued only after receipt of the application in writing, signed by the applicant or his authorized representative, stating the nature of work to be performed, the location, and the person performing the work.
(2) 
The fee for issuing each permit, under the provisions of this article, shall be as established by regulation or Town Council policy; provided, however, that such fee may be waived in the case of any firm, corporation or agency which, by charter or franchise is legally authorized in the course of its normal activities, to make excavations or place obstructions in the limits of public highways in the Town.
(3) 
A cash or surety bond in an amount specified in a regulation or policy of the Town Council must be deposited on issuance of the permit, to ensure restoration of the road to a condition satisfactory to the Town Engineer. Notification of completion should be given to the Town Engineer, and after inspection and approval, he will arrange for release of bond in accordance with terms of permit issued.
(4) 
Excavations, construction and restoration of roads must be done by a bona fide contractor, and suitable barricades and warning lights must be provided to safeguard the public during the progress of work. One-half of the traveled part of the road shall be kept open at all times during construction.
(5) 
The Town Engineer or his authorized representative is empowered to inspect at any time any or all work being performed under a permit issued under the provisions of this article. If, in his opinion, the public safety and welfare so warrant, he may direct the permittee to restore any excavation or install or remove any obstruction within 12 hours of such notice and if such direction is not complied with, he may cause such work to be done at the responsibility and expense of permittee.
(6) 
Permits will expire six months after the date issued, unless canceled by completion and approval of work by the Town Engineer, or his authorized agent at a previous date.
(b) 
None of the provisions of this article shall apply to any work performed in connection with the maintenance, repair, replacement or relocation of existing utility poles owned by a public service company, nor to the erection of any temporary protective warning signs or devices, nor to installation of additional utility poles in connection with the extension of service by such company.
[Ord. No. 9, § III]
In the event of unsatisfactory completion of any work performed under this article, the Town Engineer, or his authorized agent, will cause necessary repairs to be made, and such costs will be deducted from the bond posted. If costs exceed amount of the bond, permittee will be billed for the excess and amount will be due within 30 days from the date of billing.