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Out Door Seating - Encroachment


Encroachments


Major and Minor


        

Process Description:
Encroachment approval is a process by which private property owners, firms, or corporations request to use the public right-of-way (i.e. landscaping, structures, tables, chairs, etc.) for a private purpose.  This review process is intended to ensure the health and safety of the public as well as protect against potential damage to the streetscape, trees and vegetation, sidewalks, streets, and other publicly-owned amenities. There are two types of encroachment requests - Major and Minor as defined below.

Major Encroachments - Private uses of public property in most parts of the City, such as subdivision signs in the right-of-way, cable or data transmission lines, private landscaping in the public right-of-way, signs overhanging the public right-of-way, awnings extending over property lines, etc.  These requests must be reviewed and approved by the City Council  after a staff review process.  The entire process takes approximately six (6) weeks.

Minor Encroachments - Private uses of public property in any of these areas: Downtown Overlay District, Glenwood South Business Districts, North Person Street Business District and Peace Street Business District.  Standards for this type of encroachment are outlined in the Raleigh Urban Design Handbook.  Minor encroachment requests are reviewed and approved by the Downtown Permits Office located at One Exchange Plaza Suite 404, Raleigh NC the same day as requested.

See Appendix 3. Glossary in the Raleigh Urban Design Handbook  and the City of Raleigh  Development Services Glossary of Terms for any unfamiliar terms.

How do I start the process?

  • Major Encroachments - Prepare submittal package as described below. Deliver the complete submittal package to the Development Services Customer Service Center located at One Exchange Plaza Suite 404, Raleigh NC.  Submittal package will be processed by the Public Works Department, Transporation Services Division 
  • Minor Encroachments - Complete a City of Raleigh Permit Application (Zoning section) and submit to Downtown Permits Office staff located at One Exchange Plaza Suite 404, Raleigh NC

 

What do I need to submit to the City?

Standard Submittal Package

Major Encroachments -

  • Completed Major Encroachment Application 
  • Resolution 1996-153 signed and dated
  • Ten (10) sets of detailed engineering plans with a copy of the completed application and resolution stapled to each
  • Provide one extra set of plans in .pdf format (no need to provide an extra copy of the application and resolution with this copy). Do not submit individual pages. There are no size restrictions. This .pdf copy can be submitted electronically via email to: encroachment@ci.raleigh.nc.us or delivered on a cd with the full submittal package to the Development Services Customer Service Center located at One Exchange Plaza Suite 404
  • Fee payment(s) - see fee information below 


Minor Encroachments -

Note: Depending upon the type of Minor Encroachment request, there may be other documentation required. For complete details of your specific encroachment request, please refer to the  Raleigh Urban Design Handbook.

 

What additional documents may be needed?


Where can I find detailed information regarding submittals?


Major Encroachments -

 

Minor Encroachments -

 

Where do I submit my application?

Major Encroachments -

Office:              City of Raleigh
Department:   City Manager - Development Services
Division:          Customer Servie Center
Contact:          April Webb or Paul Kallam
Address:         One Exchange Plaza, Suite 404, Raleigh, NC  27601
Adjacent to:    219 Fayetteville Street
Phone #:         (919) 516-2495 or (919) 516-2155
Hours:             8:00 a.m. to 4:30 p.m.


Minor Encroachments -

Office:              City of Raleigh
Department:   Inspections
Division:          Zoning  - Downtown Permits Office
Contact:           Barbara Simpson
Address:         One Exchange Plaza, Suite 404, Raleigh, NC  27601
Adjacent to:    219 Fayetteville Street
Phone #:         (919) 516-2550
Hours:             8:00 a.m. to 4:45 p.m.

What are the keys to success?

  • Show the location of existing trees
  • Show fences, walls, furniture and other items to be placed in the right of way 
  • If the encroachment involves excavation, please show the location of existing utilities for the area of encroachment

 

What fees are involved and when do I pay them?

Major Encroachments -

  • $100.00 non-refundable application processing fee is due with the submittal package at the beginning of the process
  • $70.00 administrative fee will be collected upon receipt of the encroachment agreement
  • Annual fee of $0.48 per linear foot (transmission devices only) payable when client picks up approved encroachment agreement
  • A license fee of 3.09% of gross revenues will be assessed on fiber optic cable payable when client picks up approved encroachment agreement) 
  • Payment types accepted are cash, MasterCard, Visa or check made payable to: City of Raleigh
  • All encroachment fees are processed by the Development Services Customer Service Center cashiers located at One Exchange Plaza, Suite 404, Raleigh, NC


Minor Encroachments -

  • Some Minor Encroachment fees are due one time only and some are due annually as determined by the type of encroachment.  Please refer to the fee schedule details in Appendix I in the Raleigh Urban Design Handbook
  • Fee is due at the end of  the process before permit is issued
  • Payment types accepted are cash, MasterCard, Visa or check made payable to: City of Raleigh
  • All encroachment fees are processed by the Development Services Customer Service Center cashiers located at One Exchange Plaza, Suite 404, Raleigh, NC
 
Note: If multiple types of Minor Encroachments are being requested in one submittal package, the fee will be assessed only once and not for each encroachment type.  If you are requesting more than one encroachment type, please contact Barbara Simpson in the Downtown Permits Office at (919) 516-2550 to confirm fee requirements. 

How long will this process take?


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For More Information Contact:
Major Encroachments - April Webb
Administrative Support Specialist
Public Works Department
One Exchange Plaza Suite 727
Raleigh, NC 27601
919-516-2155

Minor Encroachments - Barbara Simpson
Zoning Technician
Inspections Department
One Exchange Plaza Suite 404
Raleigh, NC 27601
919-516-2550

Paul Kallam
Project Engineer II
Public Works Department
One Exchange Plaza
Raleigh, NC 27601
919-516-2159