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