General Provisions for Encroachment Permit
1. NOTICE PRIOR TO STARTING WORK: Before starting the work contemplated herein within the limits of the right-of-way. The Town of Lexington’s Engineering Department shall be notified sufficiently in advance so that someone may be present while the work is under way.
2. PERMIT SUBJECT TO INSPECTION: This permit shall be kept at the site of the work at all times while said work is under way and must be shown to any representative of the Town or law enforcement officer on demand.
3. PROTECTION OF HIGHWAY TRAFFIC: Adequate provisions shall be made for the protection of the highway traffic at all times. Necessary detours, barricades, warning signs and watchmen shall be provided by and at the expense of the permittee. The work shall be planned and carried out so that there will be the least possible inconvenience to the highway traffic. The permittee agrees to observe all rules and regulations of the State Highway Department and the Town of Lexington while carrying on the work contemplated herein and take all other precautions that circumstances warrant.
4. STANDARDS OF CONSTRUCTION: All work shall conform to recognized standards of construction and proper drainage of the highway. All work shall be subject to the supervision and satisfaction of the Town of Lexington’s Engineering Department, and shall conform to the SCDHPT’s "Policy for Accommodating Utilities on Highway Rights-of-Way" dated 10/10/78 or latest revision.
5. FUTURE MOVING OF ENCROACHMENT: If, in the opinion of the Town of Lexington’s Engineer, it should ever become necessary to move or remove the encroachment, or any part thereof, contemplated herein, on account of change in location of the highway, widening of the highway, or for any other sufficient reason, such moving or removing shall be done on demand of the Town at the expense of the permittee.
6. RESTORATION OF GRASSING AND CROSS SECTION: Should sod be disturbed and/or destroyed by this installation it is to be replaced after the entire disturbed area has been reshaped and rolled to the cross section existing prior to the work.
7. RESTORATION OF FACILITIES UPON MOVING OR REMOVING OF ENCROACHMENT: If, and when, the encroachment contemplated herein shall be moved or removed, either on the demand of the Town or at the option of the permittee, the highway and facilities shall immediately be restored to their original condition at the expense of the permittee.
8. COST: All work in connection, maintenance, moving or removing of the encroachment contemplated herein shall be done by and at the expense of the permittee and the permittee shall be responsible at any time in the future for any and all damage of the town facilities or other permitted encroachments that occur as a result of this installation.
9. PERMITTEE: The word "Permittee" used herein shall mean the name of the person, firm, or corporation to whom this permit is addressed, his, her, its, heirs, successors and assigns.
10. PERMISSION OF ABUTTING PROPERTY OWNERS: It is distinctly understood that this permit does not in any way grant or release any rights unlawfully possessed by the abutting property owners. Any such rights necessary shall be secured from said abutting property owners by the permittee.
11. PIPES, CONDUITS, ETC.: (To the extent applicable, as determined by the Department of Engineering)
(a) Service and other small diameter pipes shall be jacked, driven, or otherwise forced underneath the pavements of any surfaced road without disturbing said pavement. No pavement shall be cut unless specifically authorized herein.
(b) Tunneling shall not be permitted except on major work and as may be specifically authorized herein.
(c) No excavation shall be made nearer than three feet to the edge of the pavement on any hard surfaced road unless specifically authorized herein and all trenches or tunnels within the limits of the highway right-of-way shall be backfilled, and thoroughly tamped in layers not greater than six inches in thickness, to a density equal to 95% (modified).
(d) The section of pipe, of service and other small pipes, under the highway pavement and within a distance of two feet on either side shall be continuous and without joints.
(e) Unless specifically authorized herein all pipes and conduits under the highway shall be placed at approximately right angles to the center line of the highway and at least two feet below the surface of the highway.
(f) Pipes and utilities paralleling the highway shall be located at a distance beyond the edge of the highway surfacing and at a depth as specifically stipulated herein. In all instances where encroachments are permitted within the surfaced area and paralleling the highway, the permittee shall resurface the entire width of the highway for the entire length of the cut with a minimum of 125 pounds per square yard of Type 1 or Type 2 asphaltic concrete.
12. DRIVEWAYS AND APPROACHES: (To the extent applicable, as determined by the Department of Engineering)
(a) The existing crown of the highway shall be continued to the outside shoulder of the highway.
(b) If the driveway or approach is of concrete payment the pavement shall be constructed at least 5 inches thick, and of a mix with a minimum design strength of 3000 PSI. There shall be a bituminous expansion joint, not less than 1/4" in thickness, placed between the highway paving and the paving of the approach for the full depth of the former and the full width of the latter. 13. PAVEMENT REPAIR CROSS SECTION (Where Applicable)