The initial permit fee for all longitudinal and transverse installations within the road rights-of-way shall be required in the following amounts:
(a) Linear Feet. A permit fee of $35 for the initial 20,000 lineal feet of each encroachment plus an additional $35 permit fee for each additional 20,000 lineal feet or portions thereof.
(b) Non-Linear. When a project is such that a lineal measurement cannot accurately describe the amount of disturbance, the permit fee shall be determined in accordance with the following:
(1) A minimum $35 permit fee for disturbance of up to 5 acres and an additional $35 for each additional 5 acres of disturbance or portions thereof, per encroachment.
(2) All permit fees as enumerated above, may be waived by the Division for telephone, public or electrical utilities who participate in the cooperative agreement for the encroachment permit in the Encroachment Enforcement Program.
(c) Newly Paved Roads. If it becomes necessary to cut any road, which has been resurfaced within 3 years of the permit application date, a fee of $335 shall apply for the first year, $235 for the second and $135 for the third. Restoration of the cut shall entail compaction reports from a third party geo-technical firm confirming 95% compaction. The patch shall be restored per Figure 3-A or an overlay of the entire roadway at the discretion of the County Engineer.
(d) General Fee. A general fee of $10 is surcharged on all Building Permits issued by the Building Standards Department for new construction. This fee entitles a permittee to construct 1 driveway connection to any existing or proposed county road. The general $10 fee does not cover any additional Encroachment Permits required for all utility connections or any other work required within the confines of Greenville County rights-of-way.
(e) Fee Authority. Any subsequent increase or decrease in the permit fee shall be determined by Greenville County Council at the time it adopts its operating ordinary and capital budgets.
(f) Penalty Fee. Failure to obtain an encroachment permit prior to the start of construction, other than an emergency as defined in § 18-64(a), shall constitute a violation of this section. Violations under this subsection shall result as follows:
Violators shall submit a permit with all required information and documentation at Suite 3800, County Square.
(1) (a) First time violators will be subject to a double permit fee.
(b) The second violation in any 12-month period will result in a permit fee of $135.
(c) Three or more violations in any 12-month period will result in the violator being required to comply with the provisions of § 18-65(j)(2) of this section for “Bonding or Financial Guarantee Requirements.”
(2) Any person, firm, corporation, public utility, or agent, previously bonded pursuant to § 18-65(j)(2), who proceeds to commit 3 or more violations in any 12-month period will be subject to the Division accessing their right to increase the amount of the bond.
(g) Encroachment Enforcement Program.
(1) Generally. Under a Cooperative Agreement, participating telephone, public or electrical utilities may agree to take responsibility for enforcement of the Encroachment Permit Ordinance when listed on the permit as the permittee. The participating utility will also verify that each contractor/subcontractor has obtained an Encroachment Permit before a permit or authorization will be issued from that utility agency for any work to be done on their system. Participating utilities will assist the Division in enforcement of the Encroachment Permit Ordinance by providing notice to the Division of any suspected or unauthorized activity.
(2) Revocation. Upon termination or revocation of the Cooperative Agreement by the Division, any participating utility shall be deemed non-performing. Upon determination by the Division that the agency is non-performing, all usual fee and bonding requirements as required in this section shall be applicable.
(3) Cooperative Agreement Fee. Those utilities which maintain active Cooperative Agreements with the County shall be exempt from fees and bonds as otherwise provided for herein. An annual fee shall be imposed on each utility signing this agreement as follows:
1 - 10 | encroachments per year | No Fee |
11 - 20 | encroachments per year | $100 |
21 - 30 | encroachments per year | $200 |
31 - 40 | encroachments per year | $300 |
41 - 50 | encroachments per year | $400 |
51 or more | encroachments per year | $500 |
This fee includes any encroachment and is not limited to just road cuts. Multiple cuts, taps, etc. on 1 permit are considered separate encroachments.
(4) Non-Compliance. Any utility working within a right-of-way without an encroachment permit shall be deemed to be in non-compliance of the cooperative agreement. If a utility is cited 3 times in a year for non-compliance, they shall be struck from the cooperative agreement list and required to pay fines, fees, bonds and post insurance certificates for all work for a period of no less than 3 years. These exemptions in no way relieve a participating utility from securing permits and complying with all other provisions contained herein. The Cooperative Agreement does not relieve the utility from paying fees associated with cutting newly paved roads or complying with emergency cut requirements outlined in this document.
(h) Inspections. Inspections will be made on an as needed basis on each permit. A final inspection 9 months after the completion of construction shall be required before Greenville County shall release the bond required by the provisions of this section. Emergency cuts will be inspected immediately after receipt of the permit and again after 9 months.
(Ord. 3673, § 2, passed 4-1-2003; Ord. 3806, § 1, passed 8-17-2004)