(a) General Requirements.
(1) All work shall be done in accordance with provisions of the permit issued. The expense of restoring the roadway and adjacent areas within the right-of-way shall be paid for by the permittee.
(2) All work within the rights-of-way shall be designed and constructed in accordance with appropriate Federal, State, and local standards. Local standards shall include, but not be limited to, requirements of the Planning Commission, Building Standards Dept., Engineering/Maintenance Division and the Soil Conservation District. Permits shall not be issued or may be revoked for work that is not done in accordance with sound engineering and construction principles.
(3) In the event the permittee fails to properly provide back-filling and pavement restoration, in addition to all other penalties provided for herein, the Division reserves the right to perform or have such operations performed and to charge all associated costs (including but not limited to labor, material, equipment, supervisory and administrative) to the permittee.
(4) The permittee shall notify the Division when backfilling operations will occur. In all cases where weather conditions permit, pavement must be restored within 10 working days after backfilling has been completed. Temporary gravel surfaces will be maintained at the permittee’s expense.
(5) Steel plates shall be used to cover cuts in roadways with over 500 vehicles a day (ADT) until it can be restored. Restoration shall be done within 7 days from the beginning of construction.
(6) In any case where settlement occurs after the permittee has completed the pavement restoration or other restoration work is improper or incomplete, the Division shall give the permittee written notice and require that the problem be corrected within 10 working days after receipt of such notice. Should the permittee fail to timely correct the problems, in addition to all other penalties provided for herein, the Division reserves the right to correct or have the problems corrected and to charge all associated costs (including but not limited to labor, materials, equipment, supervisory, and administrative) to the permittee.
(7) All manholes/water valves and similar coverings or devices used for servicing or marking locations of various utilities within the pavement shall be mounted flush with the surrounding pavement. Reflective markers, buttons, etc., normally installed as delineators in the pavement must be recessed within the pavement where practical, or be of such design, and constructed of such materials so as not to create a hazard for traffic or maintenance equipment when projecting above the surface of the roadway.
(8) Safe and efficient traffic flow is an important consideration in the review of Application for Encroachment Permits. A traffic control plan shall be submitted along with the application for encroachment if permittee deems it necessary to restrict access or detour traffic because of any condition. This plan shall conform to The South Carolina Manual on Uniform Traffic Control Devices (SCMUTCD), latest edition, and shall be subject to approval by the County Engineer or his/her designated representative. The permittee shall provide, erect and maintain all necessary barricades, lights, danger signals, signs and other control devices. Qualified flaggers and watchmen shall be provided by the permittee where necessary to maintain a safe and efficient work area. The Division reserves the right to require daily closure of trench excavations. Notification of all emergency service providers shall be the responsibility of the Permittee. Any major road closures or detours shall be advertised in a newspaper of general circulation within the county as determined by the Division and shall be the responsibility of the Permittee.
(9) When the conditions required by this Ordinance cannot be met, the Division reserves the right to require additional protection of the roadway and the public. Such additional requirements may include, but not be limited to, new requirements for larger pipe sizes, higher quality/strength of conduits, increased backfilling requirements up to and including concrete encasement, and increased thickness of pavement/ driveways.
(10) The erection of any structure within the right-of-way shall generally be prohibited. The erection of signage at entrances to subdivisions shall be in accordance with current regulations of the Greenville County Planning Commission. All zoning requirements must be met.
(11) Sprinkler and irrigation systems shall not be installed within the County right of way unless specifically approved by the Division. All such approved sprinkler and irrigation systems shall be accompanied by an appropriate under drain system to remove excess water in the sub-grade for the protection of the pavement. All sprinkler systems, including those adjacent to the County right of way shall be constructed so as not to cause water to be cast or stand upon the pavement.
(b) Safety and Convenience.
(1) Traffic controls for construction and maintenance operations shall conform to applicable portions of the SCMUTCD, latest edition. All excavations off the pavement or shoulders shall be properly barricaded and marked at all times. During daylight hours, if any part of the pavement or shoulders is necessarily occupied by equipment, trench or other obstructions, the applicant will furnish all proper warning signs and lights, and as many flagmen as may be deemed necessary by the Division to direct 1-way traffic where necessary. Not more than 1000 feet of 1-way traffic shall exist during construction. The utility shall make every effort to warn the traveling public of any emergency nighttime excavation or pavement obstruction, and shall provide all necessary signs, lights, and flagmen.
(2) All construction and maintenance operations shall be planned to keep traffic interference to an absolute minimum. On roadways with a peak hour volume of 400 vehicles per lane for 2-lane roadways or 450 vehicles per lane for 4-lane roadways, no work interfering with traffic operations shall be performed and no obstructions will be allowed during the peak hours unless said work is of an emergency nature. All work shall be planned to minimize the closure of intersecting streets, roads, approaches, or other access points.
(3) Except in emergencies, the full width of pavement will be maintained free of all obstructions and in a safe condition for traffic during the hours of darkness. Any excavation in the shoulder area shall be barricaded, covered or backfilled, and marked by the proper warning signs and lights. No equipment shall be parked in the shoulder area at night except as an additional protection to the excavation. Any such equipment shall be well lighted.
(c) Location.
(1) Utility lines should be located to minimize later adjustments to accommodate planned future roadway improvements and to permit servicing such lines without interference to roadway traffic.
(2) In expanding areas along Arterial and Collector roadways, it is expected that utilities will normally install distribution or feeder line crossings, spaced as needed to serve consumers in a general area along either or both sides of the roadway, so as to minimize the need for crossings for service connections.
(3) Longitudinal installations should be located so as to provide a safe environment for traffic operations and preserve space for future roadway improvements.
(4) To the extent feasible and practical, utility line crossings of the roadway should be normal to the roadway alignment.
(5) Where practical, manholes are not to be located in the pavement or shoulder of any roadway. Exceptions may be made on streets at locations where manholes are essential parts of existing lines that are permitted to remain in place under existing roadways. However, such installations should: (1) Be designed and located in a manner that will cause the least interference to other utilities and future roadway expansion and (2) not be placed in the wheel path of vehicles. This subsection shall apply to all roads with traffic counts over 1000 vehicles per day (ADT). Exemptions will be granted to this Ordinance on less traveled residential roads on a case-by-case basis, provided the installations are constructed in accordance with sound engineering principles and the detrimental effects to the traveling public can be minimized.
(6) The horizontal and vertical location of utility lines within the road right-of-way should conform with the clear roadside policies applicable for the type of roadway and specific conditions for the particular roadway section involved.
(7) Utility lines shall not be permitted to be installed within any stormwater culvert. Any and all utilities, including cable television lines, placed in culverts will be removed at the owners expense; all penalties and fines apply. Nor shall the effective capacity of any catch basin, manhole, headwall, or other appurtenances be impeded in their function by utility lines or other encroachments.
(8) In all cases, full consideration shall be given to sound engineering principles, overall economic aspects, protection of the integrity and scenic appearance of the roadway, maintenance operations and the safety of roadway traffic.
(d) Design.
The Permittee is responsible for the design of the facility to be installed within the road right-of-way or attached to a roadway structure. The Division will be responsible for review and approval of the proposal with respect to the location, construction materials, procedures, and the manner of attachment and/or installation. All utility installations should be of durable materials relatively free from routine servicing and maintenance, and as a minimum, meet the following requirements and latest revisions thereto:
(1) Electric power and communication facilities shall conform to the National Electrical Safety Code.
(2) Water lines shall conform to the specifications of the American Water Works Association and the State Department of Health and Environmental Control.
(3) Sewer lines shall conform to the regulations of the State Department of Health & Environmental Control.
(4) Pressure pipelines shall conform to the applicable sections of the American National Standards Institute (ANSI); 49 C.F.R., Pts. 191, 192, 193, 195 and applicable industry codes.
(5) Liquid petroleum pipelines shall conform to the applicable recommended practice of the American Petroleum Institute for pipeline crossings under railroads and highways.
Any pipeline carrying hazardous materials shall conform to the rules and regulations of the U.S. Department of Transportation governing the transportation of such materials. No sewage or other obnoxious drainage matter shall be run into any roadway storm drainage structure or ditch. New installations or adjustments of existing utility lines, particularly those located underground or attached to structures, should be planned so as to minimize hazards and interference with roadway traffic when additional facilities are installed at some future date.
(e) Conditions of Encroachment. The following general conditions and stipulations are given concerning the use and occupancy of roadway right-of-way by Encroachment Permit:
(1) All requests to perform work within county rights-of-way shall be made on forms provided by the Division, be signed by a duly authorized representative of the person, firm or corporation, and be submitted to the Division.
(2) Full information, including a plan, shall be given as to the character of work to be done. A cross-section of the roadway will be required for all crossings (See Figures 1 and 2). The plan shall include the accurate location of the work with reference to the nearest intersection(s) or other permanent landmark, street address of residence served by the installed utility (if applicable), along with the type, size, depth, and lengths of all cable, conduits and appurtenances.
(3) All facilities should be kept in a good state of repair.
(4) If, in the opinion of the Division, 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 roadway, widening of the roadway, or for any other sufficient reason, such moving or removing shall be done on demand of the Division at the expense of the Permittee. If and when the encroachment contemplated herein shall be moved or removed, either on the demand of the Division or at the option of the Permittee all work in connection with the construction, maintenance, moving or removing of the encroachment contemplated herein shall be done by and at the expense of the Permittee.
(f) Unexpected Conditions. Where subsurface conditions are found different than those, which could have reasonably been expected to exist, then at the discretion of the Division, permits may be secured without penalty under the following conditions:
(1) If the work was not anticipated to encroach upon County right-of-way and the timely completion of the work is essential to the scope, nature, and timely completion of the Project, and when delays may be encountered that may create undue hardship, then work on the project may proceed. Permits must be applied for before the end of the next full working day.
(2) Work under these conditions shall not require a disturbance of more than 200 square feet of area within the road right-of-way.
(3) Where Encroachment Permits are secured in advance and the subsurface conditions may require a modification of the drawings for the project, the Division shall be notified of the modifications within 5 working days following the date that the additional disturbance is required. For large projects where the length of construction is in excess of 30 days, permit modifications can be made on a regular monthly basis at approximate 30-day intervals. Major modifications of a project design or location shall require approval prior to initiating any construction.
(g) Insurance.
Permittee shall maintain during the life of this encroachment permit public liability and property damage insurance, in an amount not less than $1,000,000 as shall protect permittee and any subcontractor from claims for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under this encroachment permit, whether such operations be by permittee or by any subcontractor or by anyone directly or indirectly employed by either.
At the discretion of the Assistant County Administrator for Public Works or the County Engineer, a Permittee may not be required to submit a Certificate of Insurance on projects that are not permitted by a utility company or require a licensed and bonded contractor. This waiver shall not be construed to relieve the Permittee of any liability for property damage claims or bonding requirements covered under subsection (j)(4).
(h) Liability For Personal Injuries and Property Damage. Permittee assumes the sole responsibility for the safety and protection of the premises and of employees and other persons, and assumes liability for any injury or damage occurring on account of the performance of work under this encroachment permit, whether due to the negligence, faults or defaults of permittee or not. Such liability of permittee under this encroachment permit is absolute and is not dependent upon any question of negligence on its part or on the part of its agents, servants or employees, and neither the approval by the engineers or the chief engineer of the methods of doing the work nor the failure of the engineers or the chief engineer to call attention to improper or inadequate methods or require a change in methods, nor the neglect of the engineers or the chief engineer to direct the permittee to take any particular precautions or to refrain from doing any particular thing shall excuse the permittee in case of any such injury to person or damage to property.
(i) Indemnity Against Liability. Permittee shall indemnify Greenville County, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, that may in any way accrue against Greenville County in consequence of the granting of this encroachment permit or that may in any way result from that grant, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the permittee or permittee’s employees, of the subcontractor or subcontractor’s employees, if any, and the permittee shall, at permittee’s own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising from or incurred in connection with that activity, and, if any judgment shall be rendered against Greenville County in any such action, the permittee shall, at permittee’s own expense, satisfy and discharge that judgment. Permittee expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by permittee, shall in no way limit the responsibility to indemnity, keep and save harmless and defend Greenville County as here provided. Insurance coverage specified herein constitutes the minimum requirements and requirements shall in no way lessen or limit the liability of permittee. Permittee shall procure and maintain, at his own cost and expense, any additional kinds and amounts of insurance, which, in his own judgment, may be necessary to properly protect the interest of the work. The permittee agrees to hold the County harmless for any damage to persons or property, which may arise during the progress of or by reason of the work performed.
(j) Bonding or Financial Guarantee Requirements.
(1) Bonds or cash equivalent (cash, certified check) for all longitudinal installations and for crossing pipes, installed in unpaved roadways or unpaved areas, shall be required in the following amounts: A minimum $200 bond or cash equivalent for the initial 50 feet of each encroachment, plus an additional $100 bond or cash equivalent for each additional 50 feet, or portion thereof, per encroachment.
(2) Utility companies and licensed contractors/subcontractors shall be required to post a continuous $5,000 performance bond or cash equivalent upon which an unlimited number of permits may be issued annually. All bonds shall remain in effect for 1 year after the completion of the construction work. All bonds shall be released and returned to the Permittee if the work remains in an acceptable condition or is satisfactorily corrected 1 year after completion.
(3) Licensed and bonded contractors/ subcontractors or utility companies shall be required to perform all work in, on, under or over roadways.
(4) Permits shall not be issued to licensed and bonded contractors/subcontractors for work that is not related to the certification or license they may hold.
(5) Misc. Bonds: Any person, firm, corporation, organization or public utility wishing to encroach on county rights-of-way for purposes other than those generally addressed herein shall post not less than a $100 bond or cash equivalent for such work. A minimum $300 bond or cash equivalent is required for curb cuts for driveways. A $1,000 minimum bond or cash equivalent is required for connection of new streets associated with subdivision developments onto existing roads when permittee is not adequately bonded with the Greenville County Planning Commission.
(6) Exemptions: Any telephone, public or electrical utility shall be exempt from all bonding requirements, provided they have on file with the Division an active Cooperative Agreement for the Encroachment Enforcement Program.
(k) Penalties and Other Relief.
Any person, firm, corporation, public utility, or agent, who shall violate the provisions of this Ordinance shall be guilty of a misdemeanor and, shall be punished within the jurisdictional limits of magistrate’s court. Each such person, firm, corporation, public utility, or agent shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed, or continued.
Greenville County may also seek injunctive relief, impose civil fees, or may institute any other appropriate action in courts of competent jurisdiction to enforce the provisions of this Ordinance.
(l) Permit Provisions. In addition to the conditions of encroachments listed above, the following provisions are given concerning the use and occupancy of the highway right-of-way by permit:
(1) No permit shall be issued until the applicant has deposited with the Division a check, money order, or bond in an amount sufficient to meet the requirements of the Division.
(2) Permits shall not be issued to individuals for work in, on, under or over pavements. Licensed and bonded contractors/subcontractors or utility companies shall be required to perform all work in, on, under or over roadways. The issuance of permits to individuals shall be restricted to situations where the nature of the encroachment is such that a licensed and bonded contractor/subcontractor is not required to ensure and protect the integrity of the roadway and the safety of the public. Permits to individuals shall not be issued if the excavation, grading, and restoration require compaction of fill, erosion protection measures, and other activities that would place at risk the integrity and stability of the right-of-way.
(3) The Division reserves the right at any time to cancel the permit should the applicant fail to comply with the terms and conditions under which it was granted.
(4) The location of all existing utility facilities shall be determined in advance of an excavation by the contractor and the necessary precautions taken by him to safeguard them from damage during the execution of the work. Anyone starting any operation that includes excavating, boring, pile driving, blasting or digging must report this information to area utility operators at least 3 working days in advance. A toll free call to Palmetto Utility Protection Service (PUPS) will have most utilities located in 1 call. Other non-participating utilities must be notified individually by the contractor.
(5) The costs of repairing any damage to existing pipes, driveways, culverts, and/or other existing appurtenances shall be borne by the applicant. Where cuts, replacements or resurfacing repairs are made to existing pavements the required bond shall remain in effect for 1 year following the date of completion of all work, however this does not relieve the permittee of the responsibility of any maintenance required during the lifetime of the encroachment.
(6) In an emergency where immediate action is necessary for protection of the public, to minimize property damage, or to restore essential utility service, the Utility may, at its sole risk and responsibility, repair its facilities provided appropriate safety methods and devices are used to provide adequate warning and protection to persons and property. The utility assumes full responsibility for its operations, and ensures the Division harmless from liability in all respects. In all such cases, a confirming permit shall be prepared and submitted to the Division within 7 working days, and shall contain complete information concerning the matter.
(Ord. 3673, § 2, passed 4-1-2003; Ord. 3806, § 1, passed 8-17-04)