§ 18-13 WORK ON PRIVATE PROPERTY.
   Subject to the approval of the county engineer, the following work on private property may be performed by county crews as described in this section. Hold harmless agreements from the affected property owners are required for all work on private property.
   (1)   Protection of roads and bridges: Work on private property by county crews may be authorized to correct a situation detrimental to a county- maintained road and/or bridge which adversely affects the structural integrity or hydraulic capacity of the road/bridge, or adversely affects the safety of the traveling public. Such work may include but is not limited to:
      a.   Removal of obstructing debris in streams. The county will remove debris which has blocked the upstream or downstream end of culverts or bridges.
      b.   Removal of sight distance obstructions. The county will remove vegetation and/or structures and shave banks which impede the minimum sight distance required on county roads.
      c.   Scraping of private drives. Upon specific approval of the county engineer, private driveways may be scraped only to the extent necessary to divert flow into side ditches and remedy erosion problems on a county road caused by runoff from the private drive.
   (2)   Drainage assistance: The county engineer may authorize county crews to perform work on private property in order to remedy drainage problems caused by stormwater runoff from public roads or lands. The property owner(s) must sign hold harmless agreements, construction easement agreements, and drainage easement agreements (where necessary) for all work to be performed on their property. Drainage assistance is not available to residents in subdivisions with an active stormwater permit as required by the county stormwater management ordinance.
      a.   Types of work performed. The following types of drainage assistance work may be performed:
         1.   Machine cleaning of normally dry drainage ways. This type of work may include clearing, cleaning, and re-shaping of normally dry ditches, channels or swales.
         2.   Installation of rip rap or other erosion control measures in normally dry drainage ways. This type of work may include installation of riprap, geotextiles, turf reinforcement mats, or other erosion control measures to stabilize normally dry ditches channels, or swales.
         3.   Unclogging of pipe in normally dry drainage ways. This type of work may include cleaning and removal of debris from normally dry pipe systems.
         4.   Installation, repair, replacement, and/or removal of drainage structures in normally dry drainage ways. This type of work may include the repair, replacement, or removal of existing pipe systems, and/or the installation of new pipe systems or channels in normally dry drainage ways.
         5.   Machine clearing of stream obstructions to decrease flooding potential. This type of work may include clearing, snagging, and debris removal from perennial or ephemeral streams only for the purposes of decreasing flooding potential where habitable structures are threatened. This type of work is limited to maintenance activities only, and any other work requiring a U.S. Army Corps of Engineers permit or floodplain development permit is not eligible for county drainage assistance.
         6.   Any project outside the scope outlined above would be considered a “special project,” and as such would require approval by county council.
      b.   Application requirements. Drainage assistance work may be performed only after the following application requirements are satisfied:
         1.   Approval by county staff. All proposed work must be approved by County Engineer or his or her designated representative.
         2.   Drainage easement dedication form. All applicants must sign the appropriate drainage easement dedication form, unless an accepted deeded or platted drainage easement with the minimum required dimension already exists.
         3.   Construction/maintenance agreement. All applicants must sign the appropriate construction/maintenance agreement form.
         4.   Hold harmless agreement. All applicants must sign the appropriate hold harmless agreement form.
      c.   Design and construction standards: All drainage assistance work shall meet minimum standards with regard to design, materials, and installation. Any work involving the installation or modification of drainage structures or erosion control measures where hydrologic and hydraulic calculations are needed shall be required to meet specific design standards, as described below:
         1.   All drainage assistance work shall be designed and constructed in accordance with accepted engineering and construction practices as detailed in the latest editions of the Greenville County Stormwater Management Design Manual, Greenville County Land Development Regulations and Standard Specifications for Construction adopted by the Public Works Division. All work must also meet local, state or federal regulatory standards as necessary, particularly with regard to sedimentation and erosion control during construction.
         2.   All drainage assistance work involving the installation or modification of drainage structures or erosion control measures where hydrologic and hydraulic calculations are needed shall be designed under the supervision of a professional engineer with current registration in South Carolina. The plan must be approved by the county engineer or his/her designee prior to implementing of the project.
      d.   Responsibilities of the applicant(s). The applicant(s) shall be required to participate in the drainage assistance project as follows:
         1.   Applicant(s) shall be responsible for providing all construction materials required for the project.
         2.   Applicant(s) shall remove all existing vegetation, fences, structures, trash, debris and/or other obstructions located within the proposed construction zone prior to implementation of the project.
      e.   Construction scheduling. The scheduling of construction of drainage assistance projects shall be subject to the following conditions:
         1.   Project construction shall be scheduled on a “first come, first served” basis contingent upon the completion of all prerequisite activities (application approval, design, material acquisition, site clearing, etc.).
         2.   The construction of drainage assistance projects shall receive the lowest priority with regard to the overall work load of county road maintenance crews, and shall be superceded by all normal or emergency maintenance activities.
         3.   Projects requiring more than 400 lineal feet of pipe improvements, may not be scheduled on the “first come first served” basis due to the complexity of the project or existing work commitment of the maintenance facilities.
         4.   Projects shall be limited to the maximum pipe size that can be practically transported and installed using equipment available to the drainage assistance crew, as follows:
            (I)   Reinforced concrete pipe (RCP). RCP shall be limited to 30 inches diameter and below but driveway pipes can be up to 36 inches.
            (ii)   Corrugated metal pipe (CMP). CMP, aluminum or aluminized steel only, shall be limited to 52 inches diameter and below.
            (iii)   High density polyethylene. HDPE pipe shall be limited to 48 inches diameter and below.
         5.   Corrugated metal pipe (CMP) and high density polyethylene (HDPE) pipe exceeding 30 inches diameter shall be installed with stone bedding up to the spring line or half-way point of the pipe.
         6.   A 24-month waiting period is required between each drainage assistance project performed for the same property owner(s).
   (3)   Waste soil: The county engineer may allow waste or surplus soils from county maintenance activities to be placed on private property at the property owner’s request, subject to the following guidelines:
      a.   The maintenance facility must acquire and maintain a soil stockpile of suitable quality and quantity to meet its needs for road, shoulder, and/or drainage repairs before any waste/surplus material shall be given away.
      b.   The property owner requesting waste soil must sign the appropriate waste soil release form, including an agreement that the property owner shall not resell the soil, before the waste soil can be placed on their property.
      c.   Waste soil is to be dumped on the most accessible, practical location on the property; no spreading or grading of the soil is allowed except to clear a path to dump additional material.
      d.   Hauling waste soils is to receive the lowest priority in the overall maintenance facility schedule, and shall only be scheduled when nearby maintenance activities provide a convenient and cost-effective opportunity for the county to haul the waste soil.
      e.   Payments to county staff or maintenance employees for waste soil is prohibited.
   (4)   Non-emergency assistance to governmental agencies: The county engineer may authorize the use of county labor, equipment, and/or materials to provide nonemergency assistance to other governmental agencies in Greenville County, provided that the engineering division shall be reimbursed for the actual costs incurred in providing such assistance, including the costs of direct and indirect labor, equipment and materials. After such work is performed, the county engineer shall submit a report to the county council at its next regular meeting, describing the type/extent of assistance and total costs for labor, equipment and/or materials.
   (5)   Special driveway access: The county engineer may authorize county crews to scrape private driveways for county residents subject to the following guidelines:
      a.   The work shall be performed only in the following situations:
         1.   To provide access to a residence for funeral purposes. A written request by a licensed funeral director is required to perform this service.
         2.   To provide access to a residence occupied by a person with a medical condition who is considered indigent according to the standards used by Greenville County. A written request by a licensed medical doctor is required to perform this service.
      b.   The service shall be offered on a “1-time only” basis.
      c.   The property owner shall be charged for the costs to provide the service, except for situations meeting the criteria of a.2. above, subject to the discretion of the county engineer.
      d.   The use of gravel and/or other materials shall be kept to a minimum, and shall only be used for making repairs where adverse conditions such as inclement weather necessitate its use.
      e.   After such work is performed, the county engineer shall submit a report to the county council describing the type/extent of work and total costs for labor, equipment and materials.
   (6)   Cemetery access: The county engineer may authorize county crews to scrape access roads to cemeteries subject to the following guidelines:
      a.   The service shall only be provided for roads included in the engineering divisions list of roads that qualify under this section and/or sites not listed as taxable property.
      b.   The use of gravel and/or other materials shall be kept to a minimum, and shall only be used for making repairs where adverse conditions such as inclement weather necessitate its use.
      c.   No permanent road improvements shall be allowed.
(1976 Code, § 18-13) (Ord. 3571, § 1, passed 3-5-2002; Ord. 3819, § 1, passed 9-7-2004)