§ 34-3.07. Encroachment or easement release application processing fee.
Latest version.
A request to allow an encroachment on, over and/or across an existing SAWS easement
or to release (in whole or in part) an existing SAWS easement must be submitted to
SAWS development engineering services in accordance with procedures and requirements
established by SAWS. The non-refundable application processing fee for the encroachment
or release request is eight hundred two dollars and fifty-two cents ($802.52). SAWS
may require applicant to verify ownership, and if property owner is a legal entity,
documentation will be required demonstrating applicant's authority to make an application
on behalf of the entity. If the encroachment is approved by SAWS, an agreement, prepared
by SAWS corporate real estate, will be entered into between the property owner and
SAWS granting the encroachment. If the easement release request is approved, SAWS
corporate real estate will either (i) if SAWS paid consideration for the easement,
enter into negotiations for consideration for the full or partial release of the easement,
or (ii) if the easement was dedicated to SAWS, prepare the release for SAWS execution.
This fee amount is effective January 1, 2019. The fee amount shall be adjusted on
January 1 of each year thereafter by the percentage difference (greater than zero
(0)) between the Consumer Price Index for All Urban Consumers (CPI-U) as it is calculated
by the United States Bureau of Labor Statistics at the end of the month of July prior
to the next year and as it was calculated at the end of the month of July one year
earlier. SAWS will periodically perform a cost of service analysis to ensure that
the fee charged does not exceed the cost of providing the service.
