§ 46-1. Construction, repairs and damage of streets and sidewalks.

(a)

Permit to dig in street. It shall be unlawful for any person to dig any hole or ditch, or to excavate on or under any street in the town without a written permit from the public services director. No person shall cut a municipal street without permission from the town board; however, public utility companies shall be allowed to cut streets with a permit issued by the public services director to repair malfunctioning utility lines and services on an emergency basis. Such utility company shall promptly repair the cut portion of the street and repave the same to the reasonable satisfaction of the public services director.

(b)

Sidewalk construction. No sidewalk of any description shall be built by any person without prior approval of the board of commissioners and until a written permit has been issued by the building inspector. All sidewalks constructed within the town shall be in compliance with the Town of Pine Knoll Shores Pedestrian Master Plan and the requirements of section 66-4 of the subdivision regulations and section 74-214 "Sidewalks".

(c)

Street or sidewalk repair.

(1)

Any person who digs a hole, ditch, or who excavates in or under any street or sidewalk in the town shall be required to restore such street or sidewalk to as good condition in all respects as it was before the hole or ditch was dug or the excavation was accomplished.

(2)

The public services department will monitor the condition of all town sidewalks and be responsible for all routine maintenance of same. All sidewalk problems including erosion issues, root damage, vandalism as well as any other adverse conditions will be addressed and corrected by the public services department.

(d)

Excavation; warning lights and barriers required. It shall be required of any person who digs a hole or ditch or who excavates in or under any street or sidewalk to securely guard such opening or place with a protective barrier at least three feet high around the opening when not working on it and, furthermore, to place a sufficient number of warning lights around such opening before dark and keep them lit all night every night until the opening is closed and repaired.

(e)

Damage to streets. It shall be unlawful for any person to operate any equipment on any street if such equipment is not intended for street use and is likely to cause damage to such street. Also, heavy trucks or vehicles are to be operated in such manner as not to cause damage to any street or town property adjacent thereto. In addition to fines or penalties, violators of this section shall be required to repair any damage that it causes.

(f)

Moving of buildings. It shall be unlawful for any person to move a building on or across any street or sidewalk without approval of the board of commissioners, a written permit from the building inspector, and the deposit of a bond of $1,000.00 to apply to the cost of repair of any damage done to the streets and sidewalks and to any other property.

(g)

Damage to bridges, culverts and drainage facilities. It shall be unlawful for any person to damage, deface, or cause to malfunction any bridge, culvert, ditch, drain, or other property owned or used by the town, or to obstruct any culvert, ditch, or drain so as to prevent the free flow of water on, over, or under the streets of the town or cause any street to be inundated.

(h)

Damage to lights, signs and other municipal property. It shall be unlawful for any person to damage, deface, move or otherwise tamper with any sign, sign post, street light, traffic signal or other municipal property on the streets and sidewalks of the town except that town employees may do so in the performance of their duties.

(Code 2001, § 13-1; Ord. of 7-5-1978; Ord. No. 2010-15, §§ I, II, 8-10-2010)