(A) Introduction. This section is intended to provide a general guideline for the design and construction of structures that may be located within rights-of-way or drainage easements that have been, or will be, accepted into the Town of James Island maintenance system. No work shall be commenced until an encroachment permit for such work has been obtained from the Public Works Director.
(B) Encroachment permits; general.
(1) Any permanent or temporary construction or placement of any structure or object (sign, fence, etc.) within a Town of James Island drainage easement or road right-of-way must receive an encroachment permit from the Public Works Director prior to the beginning of work or emplacement of structure or object.
(2) The encroaching entity will submit all permit requests on the Town of James Island Application for Encroachment Permit Form for review. Application fees will be in accordance with current Town of James Island User Fee schedules. Permits will be approved or denied by the Public Works Director within 30 days of receipt.
(3) If, in the opinion of the Town of James Island, the South Carolina Department of Transportation, or any other public agency, it should ever become necessary to relocate or remove the encroachment, or any part thereof, due to the improvement, relocation, or widening of the road, street, or drainage system, or for any other reason, such moving or removing will be done on demand of the Public Works Director at the expense of the permittee.
(4) Adequate provisions shall be made for the protection of the traveling public at all times when performing work under an encroachment permit. During the progress of the work, all necessary detours, barricades, warning signs, and flagmen will be provided by, and at the expense of, the permittee to ensure safety.
(5) Restoration work shall be immediately accomplished to return the road and/or drainage system to prior condition or better. The liability of the permittee will not be released until all work is inspected and approved by the Public Works Director.
(C) Types of encroachments within public rights-of-way and easements.
(1) Sprinkler systems. Water-sprinkling systems shall not be permitted within the right-of-way except as specified herein. Sprinkler systems may be placed along the right-of-way (immediately outside the right-of-way) with appropriate easements conveyed to the agency responsible for such system. The Town of James Island will not accept responsibility for any such system. At locations where water supply lines must cross the street right-of-way, such facilities shall be shown on the street construction plans and specifications. Such water supply lines shall be placed a minimum of 36" below the centerline street finish grade elevation and shall be placed in conduit. Sprinkler systems may be approved at island locations within the right-of-way. At such locations, the curb shall be upright curb (not roll curb and gutter). The sprinkler heads shall be in a protected location as approved by the Public Works Director. An appropriate water cutoff shall be provided in an underground box outside the street right-of-way. Under-drain systems shall be placed within islands served by an irrigation system. Encroachment permits shall be required for all sprinkler systems within the right-of-way.
(2) Landscaping and planting. Any proposed landscaping and planting within a proposed publicly maintained right-of-way should be shown on the construction plans along with a planting schedule. Plants that may inhibit maintenance or obstruct sight distances will not be permitted. Encroachment permits shall be required for all landscaping/planting within the right-of-way. Planting will not be accepted by the Town of James Island for maintenance; if a permanent maintenance plan is not submitted, for approval by the Public Works Director, planting will not be permitted.
(3) Subdivision entrance signs.
(a) Subdivision name signs at entrances to developments shall be in compliance with §§ 153.330 et seq. Building permits must be obtained prior to installation of such entrance signs. Subdivision name signs will be located outside the road right-of-way except those signs located within a roadway median. All signs shall be located outside of the sight easement.
(b) Such signs, foundations for future signs, and conduit for electrification of signs shall be shown on the construction plans and an encroachment permit obtained prior to construction. Approval of the plans by the Public Works Director does not imply or guarantee the approval of other entities.
(4) Utilities.
(a) The proposed concept for the location of all underground utility lines, including water, sanitary sewer, gas, electrical, telephone, or television cables, shall be shown utilizing typical street plans, cross sections, and profiles. Non-typical locations, such as areas around trees, shall be shown in sufficient detail for review and approval. Utility lines shall be located so that they will not interfere with the proper functioning of the drainage system. For streets where the curb and gutter section is used, underground utility main lines shall be a minimum of 5' behind the back of the curb. For streets where the swale ditch section is used, utility main lines shall be installed not less than 15' from the centerline of the street and not less than 5' from the edge of the pavement.
(b) The minimum allowable cover over the top of the utility encroachment or other apparatus shall be 36". Deviations to the 36" cover requirement must be presented in the cross-section format along with a written justification and submitted to the Public Works Director for approval.
(c) No work on utility lines within the limits of the proposed publicly maintained rights-of-way shall commence until the street plans showing the proposed locations of the utility lines have been approved. In case any utility location is not provided, the developer shall be responsible for notifying the utility that installation work within the proposed publicly maintained right-of-way or drainage easement will require the approval of the Public Works Director.
(d) Unapproved utility work within the right-of-way or drainage easement will result in an immediate supervision of inspections until such time as the utility plans have been reviewed and approved by the Public Works Director.
(e) Ditches and trenches dug within the street right-of-way for utilities and/or other purposes shall be properly backfilled. Backfill material shall be select material, mechanically compacted in 6" layers. Backfill material shall be mixed or wetted as required by the Public Works Director. Backfill under areas to be paved or areas within 5' of pavement shall be compacted to no less than 95% of maximum density. Remaining areas shall be compacted to 90% of maximum density. ASTM D 1557 Method A will determine maximum densities.
(f) Where utilities have been designed to be placed at a depth or location such that the repair of that utility would adversely impact the flow of vehicular traffic, the design professional shall either address such concerns to the satisfaction of the Public Works Director or redesign the utility layout.
(g) Utilities crossing under the street shall be at an angle of not more than 30 degrees from the perpendicular to the street.
(h) The jetting or uncontrolled tunneling of utility lines under a paved street is not permitted. The cutting of the pavement is not permitted except under extreme circumstances and only as permitted by the Public Works Director.
(i) Where utilities are designed to be placed at a depth or location such that the repair of that utility would adversely impact the flow of vehicular traffic, the Design Professional shall either address such concerns to the satisfaction of the Public Works Director or redesign the utility layout.
(j) Proposed street lighting facilities shall be shown on the street construction plans submitted to the Department of Public Works for approval. Street light poles shall be placed outside the right-of-way unless specifically approved by the Public Works Director.
(k) Fire hydrants shall be shown on the construction plans, located at the edge of the right-of-way within a few feet of the property corner of two adjoining lots, or located as otherwise approved by the Public Works Director.
(l) When dry fire hydrants are required, permanent access shall be shown on the construction plans. Access design must provide adequate space and suitable surface materials for emergency vehicle maneuverability. The design professional shall submit written approval of the design from the local fire service provider.
(m) The Public Works Director will only permit utilities other than drainage facilities within drainage easements upon specific written authorization.
(D) Zoning permits. The Town of James Island Zoning Administrator will review encroachment permit applications for signs or structures within public rights-of-way for compliance with this ordinance. No encroachment permits for signs, other than traffic control, will be issued without the written approval of the Zoning Administrator. Approval by the Zoning Administrator does not ensure approval by the Public Works Director.
(E) Restoration of roads.
(1) Restoration is intended to aid proper town road maintenance. Any entity performing work within a town right-of-way that will damage an existing road, drainage system, or structure must ensure that the systems will be returned to a condition equal to or better than that prior to proposed/current construction work.
(2) Any utility, public agency, or other entity or person performing work in a town right-of-way or easement must obtain an encroachment permit prior to beginning any construction. The applicant shall furnish information on the encroachment permit application detailing all work. Details on restoration of all disturbed areas or utilities will also be provided on the encroachment permit application.
(3) Restoration work will return the road, drainage system, and any impacted utilities to prior condition or better. The liability of the permittee will not be released until all work is inspected and approved by the Public Works Director.