South Carolina Code of Regulations
Chapter 63 - DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION
Article 9 - BUS SHELTERS
Section 63-803 - Permits

Universal Citation: SC Code Regs 63-803

Current through Register Vol. 48, No. 3, March 22, 2024

A. Those wishing to erect and maintain a bus shelter on the rights-of-way of a public road must apply to the Department for the issuance of a Permit.

B. Each bus shelter location must be assessed a nonrefundable $25.00 permit fee. On August 1st, the Department will send notices, to the last known address of the permittee, advising that the permit fee is due. Payment is due upon receipt of the notice, but in not event later than September 1st. Each permit shall be renewed annually upon payment of the fee on or before the expiration of the fiscal year commencing September 1st. Fee will not be prorated a portion of the year. Failure to pay the renewal fee by the permit expiration date will cancel the permit and the bus shelter will be declared a public nuisance and its removal may be ordered by the Department.

C. The applicant must have written documentation from the municipality or county government where the bus shelter(s) are to be located, approving the erection and maintenance of each bus shelter in their jurisdiction.

D. The applicant must provide written documentation of competitive bid determination, to include a copy of the contract between the applicant and the county, municipality or transit authority.

E. The applicant must provide written documentation from the public transit authority serving the area certifying that all locations identified in the permit application are at designated bus stop locations presently being served by the transit authority.

F. If more than one applicant desires to install a bus shelter at the same location, the municipality or county government in coordination with the local transit authority will be responsible for deciding which applicant will be authorized to install a bus shelter at a designated location.

G. The applicant must agree to maintain the bus shelter as well as the area immediately around the shelter. This will include cleaning up litter, cutting and trimming of the grass around the shelter. The shelter and surrounding area must be kept clean at all times.

H. The location of the proposed bus shelter must be approved by the Department. The Department will work with the local governments in conjunction with the transit authority in selecting the safest location to install the bus shelters on public road rights-of-way. The Department will make the final decision for those locations on State right-of way. The application must comply with the following:

(1) Only one bus shelter will be allowed per bus stop location and a maximum of two bus shelters per street intersection. The bus shelters should be located as close to the official bus stop location when possible.

(2) Each bus shelter must be positioned parallel to the street and cannot be located in the radius of any street intersection or conflict with Department sight distance standards.

(3) Each bus shelter shall meet the minimum setback criteria as set forth in subsection 63-802A above.

(4) A map of the municipality and/or county showing the proposed bus shelter locations must accompany the application.

(5) A numerical number must be assigned to each bus stop location where a bus shelter is to be located. A listing of all bus shelter locations must accompany the city/county location map. This listing must give the numerical number assigned to the bus shelter plus a written description of the location and information regarding the proximity of sidewalks to the shelter. There should be a notation identifying whether the location has a bus shelter.

(6) The numerical number assigned to each bus shelter location must be physically attached to the shelter at that location. The number must be a minimum of two inches and positioned on the bus shelter in a location that is visible from a vehicle on the roadway.

(7) The telephone number of the applicant and/or person to contact regarding the shelter and the area immediately around the shelter shall be appropriately displayed on the shelter.

(8) A sketch of each bus shelter location must be prepared. The sketch shall include all pertinent existing features such as roadways, sidewalks, utility poles, trees, signs, buildings, the bus shelter and the existing rights-of-way line. These sketches should be to approximate scale with dimensions shown for distance of bus shelter from the roadway.

(9) Applicants desiring to permit bus shelters located partly on private property must submit a written release from the private property owner allowing the bus shelter at that location.

I. Each permit applicant must sign an Indemnity Agreement and agree to indemnify and save harmless the Department.

J. Each permit applicant must submit a certificate of insurance verifying public liability, product, and completed operations liability insurance with limits of liability of not less than $1,000,000.00 each occurrence, $1,000,000.00 aggregate for bodily injury, and $1,000,000.00 each occurrence, $1,000,000.00 aggregate for property damage. The applicant shall name the Department as an additional named insured. The applicant shall provide no less than thirty (30) days advanced notice of cancellation or nonrenewal of the policies. A copy of the additional named insured endorsement must accompany the certificate of insurance.

K. When a bus shelter is located on a county road system or on a municipal street system, the Department may delegate its powers to the respective county or municipality, and the respective county or municipality shall cooperate with and assist the Department in enforcing the conditions of the permit issued by the Department pursuant to this code section. The respective D.O.T. District Offices are responsible for delegating this authority when appropriate.

L. In the event the permit is disapproved, the applicant may appeal to the Director for review.

(1) Notice of the appeal must be in writing, submitted with appropriate facts to substantiate the basis for appeal, and received by the Department within thirty (30) days of the date disapproval is mailed to the applicant at the address provided on the application. All appeals will be conducted in accordance with the Administrative Procedures Act. Failure of an applicant to appear at a hearing for which a date has been set shall be deemed a waiver of any right that he may have to a hearing.

(2) Hearings shall be held at the offices of the South Carolina Department of Transportation in Columbia, South Carolina, at a time and date fixed by the Director, or by such other Department official as he may designate. Hearings shall be held by the Department's administrative hearings officer, who shall submit recommended findings and a proposed decision to the Director for a final decision.

(3) The applicant shall bear the burden of showing that the Department should issue the permit.

(4) A decision regarding any other application for the same or conflicting sites submitted subsequent to the initial submission of the disapproved application will be held in abeyance pending the Department's resolution of the appeal. If the Department's disapproval is sustained, the other applications will be considered in turn.

M. Applicant will ensure that each bus shelter is constructed within a reasonable time, as indicated by the Department. Failure to complete the bus shelter construction within the designated time frame will result in the cancellation of the permit. Upon cancellation of the permit, applicant will be required to restore the Department's right-of-way to its original condition. Failure to properly restore the right-of-way, will result in the assessment of costs associated with the Department restoring the right-of-way. No further permits will be issued until the Department is fully reimbursed its restoration costs.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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