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§ 91.01 SHORT TITLE.
   This chapter shall be know as the Expansion of the County Road System Ordinance of the County of Newberry.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
§ 91.02 AUTHORITY.
   This chapter is adopted and amended pursuant to the authority granted under the statues of South Carolina Act No. 283 of 1975 and other applicable provisions of the 1976 Code of Laws of South Carolina, as amended.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
§ 91.03 PURPOSE.
   The purpose is to provide for the acceptance of a road into the County of Newberry Road System by requiring that new additions meet certain safety and construction requirements. Roads that have previously met the residence requirements and have been accepted and maintained by the county will not be affected.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
§ 91.04 COUNTY ADMINISTRATOR; DUTIES.
   (A)   The County Administrator is designated as the official to administer the provision of this chapter.
   (B)   Duties of the County Administrator include, but are not limited to:
      (1)   A receipt of any petition to have a road or street admitted into the county system;
      (2)   The verification that the new road is in compliance with the criteria;
      (3)   The collection and presentation to the County Road Committee and the County Council of all data necessary for that body to approve acceptance of the road or street into the county system;
      (4)   The performance of any related duties as directed by majority of the County Council; and
      (5)   S.C. Code § 4-9-660, as amended, states that, except for the purpose of inquiries and investigations, the Council shall deal with county employees who are subject to the direction and supervision of the County Administrator solely through the Administrator, and neither the Council nor its members shall give orders or instruction to its employees.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
§ 91.05 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CLEARING AND GRUBBING. Before grading is started, the entire right-of-way shall be cleared of all trees, stumps, roots, brush, and any other objectionable material.
   COUNTY ROAD. Any road or street acquired by the county either by donation, purchase, adverse possession, condemnation, dedication, or having previously been accepted for and continuously maintained by the county.
   CUL-DE-SACS.
      (1)   (a)   Streets or roads designed to be closed at 1 end shall be no longer than 2,000 feet, and shall be terminated by a circular right-of-way with a radius of not less than 50 feet;
         (b)   If a street or road designed to be closed at 1 end is longer than 2,000 feet, it shall have a turnaround every 2,000 feet. (Example: a road that is also a CUL-DE-SAC, the road portion of which is 4,000 feet shall have 2 turnarounds.
      (2)   The 2,000 feet distance shall be measured from the nearest road or street intersection to the road’s end.
   DEDICATION PERIOD. The dedication period shall constitute a period of 2 years from the date the final plat is approved by the county. This period serves to assure the county as to the quality and construction standards of the road as constructed.
   GRADING. All trees, stumps, rocks, and vegetation matter shall be removed to a depth of 2 feet below sub-grade. Grading shall be in compliance with curves, hills, creeks, streams, and bridges.
   NON-THROUGH ROAD. A road connecting to only 1 other road, which must be a publicly-maintained through road.
   RIGHT-OF-WAY. The right-of-way width of county roads or streets is hereby established at 50 feet, measured 25 feet either side of the center line.
   ROADBED. The traveling surface of a road's right-of-way (typically not less than 20 feet), and which lies between the ditching or curbing portion of the right-of-way.
   SPEED LIMIT. The maximum speed limit for all county gravel, dirt, or unimproved roads shall be 25 miles per hour, or as otherwise approved by the County Council. The speed limit for all triple treatment and asphalt roads shall be 30 miles per hour, or as otherwise approved by the County Council.
   SUBDIVISION. Any division of a tract or parcel of land into 2 or more lots, buildings sites, or other division for the purpose, immediate or future, of sale, legacy, or building development and includes all divisions of land involving a new street or road or a change in existing streets or roads, and re-subdivisions.
   THROUGH ROAD. A road connecting to 2 or more other roads, 1 of which must be a publicly-maintained road.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000; Am. Ord. 05-15-07, passed 6-6-2007; Am. Ord. 07-17-09, passed 11-19-2009)
REGULATIONS
§ 91.20 COUNTY ACCEPTANCE REQUIRED; SEEDING.
   (A)   Generally. It is hereby ordained by the County Council that the county will not accept title to,
easement for, or maintenance responsibility of any road or street unless the road or street meets the criteria of this chapter.
   (B)   Requirements.
      (1)   For roads and extensions of roads, the county will not accept rights-of-way less than 50 feet in total width for through roads, nor less than 40 feet for non-through roads.
      (2)   Additional right-of-way may be required by the County Council for excessive cuts, fill slope areas, drainage, and cul-de-sac turnarounds.
      (3)   The county will not accept any road right-of-way that does not connect with an existing publicly maintained road or street.
      (4)   (a)   Acceptance of any road is subject to requirements of the dedication period, as defined in this Code. No road may be accepted unless accompanied by a surety in the form of a commercial bond or letter of credit or cash deposit in the amount specified in § 91.20(B)(7), or in such greater amount determined by the county to be sufficient to cover any estimated cost of repairs for a period of 2 years from the date of acceptance (“warranty period”).
         (b)   In the event that the road, as constructed, does not continue to meet the minimum standards approved for such road during the entire 2-year dedication period, the county will be entitled to pursue its remedies under the bond or other surety given to the county, and if such are insufficient to bring the road up to standards, then the county may pursue civil remedies against the developer, contractor, grantor(s), or other responsible party, and shall be entitled to collect all of its attorneys’ fees and court costs from such responsible party in so doing.
         (c)   If the acceptance of the road by the county was procured by fraudulent act, or if the road cannot be brought into compliance with the funds available from the surety and from other resources readily obtainable from the responsible party, then the county may seek a court order authorizing it to revoke its acceptance of such road and to remove it from the public road system, in addition to any other remedies it may have pursued or been entitled to pursue. If such relief is sought, the county shall be entitled to collect all of its attorneys’ fees and court costs in pursuing such relief, whether or not it is successful in obtaining such relief.
      (5)   The amount of surety to be provided to repairs required during the dedication period is as follows:
         (a)   For triple treatment roads, $10,000 per 1/4 mile;
         (b)   For roads paved with asphalt, $18,750 per 1/4 mile;
         (c)   Provided, however, the surety for a new road may be more or less than the foregoing amounts, considering the soil type, storm water drainage, construction methods, or other conditions or circumstances affecting the road, and the amount of the necessary surety shall be determined by the Director of Public Works.
         (d)   Any aggrieved person may petition the County Administrator within 30 days of the determination adverse to the person so aggrieved by the Director of Public Works for a review of the amount and quality of the surety required. The County Administrator’s determination is final.
   (C)   Seeding.
      (1)   All constructed channels shall be uniform in cross-sections and fully grassed, including any berms, dikes, and spoil areas along the side of the channels. If a good planting or permanent grassing cannot be established, the developer (owner) may sign an agreement that he or she will be responsible for the channels until the time as they are acceptable by the county. All road ditches are excluded.
Cover
Slope %
Permissible Velocity FPS
Bermuda grass
0-5
8
5-10
7
over 10
6
Buffalo grass
0-5
7
Kentucky bluegrass
5-10
6
Smooth broome
over 10
5
Lespediza sericea
0-5
3.5
 
      (2)   The following are not recommended for slopes over 5%: weeping love grass, yellow bluestream, alfalfa, crab grass, and lespediza.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000; Am. Ord. 05-15-07, passed 6-6-2007; Am. Ord. 07-17-09, passed 11-19-2009)
§ 91.21 DEVELOPERS; ACCEPTANCE PROCEDURES.
   (A)   (1)   Before preparation of the preliminary plat and submitting it to the Director of Public Works for approval, the developer should meet with the Director of Public Works. This would acquaint the developer with future plans in the area or other construction in the area.
      (2)   The developer shall submit the following documents at the initial meeting as outlined in division (A)(1) above:
         (a)   Location of roads or subdivision;
         (b)   All drawings shall be 1 inch equal to 200 feet;
         (c)   Name of development; name, address, surveyors, and owners of abutting properties;
         (d)   Location of water course, culverts, bridges, and where all drainage will be placed;
         (e)   Layout of lots;
         (f)   Type of subdivision, if applicable;
         (g)   Type of road (Example: triple treatment, asphalt, and the like);
         (h)   List the type of utilities involved to include fire protection, if applicable; and
         (i)   Proposed roads with names, if applicable.
   (B)   The following steps and procedures shall be followed:
      (1)   Advisory conference with the Director of Public Works;
      (2)   Preliminary plat approval by the Director of Public Works and approval by the County Road Committee;
      (3)   Clearing and grubbing of road right-of-way;
      (4)   Completion of rough grading and drainage requirements. It shall be the responsibility of the developer to install and maintain driveways until the time the dedication period is satisfied;
      (5)   Completion of sub-grade, application of gravel, or application of pavement;
      (6)   Dedication period of 2-year anniversary from completion and bond or cash posted; and
      (7)   Final acceptance from County Council.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000; Am. Ord. 07-37-03, passed 7-2-2003)
§ 91.22 GENERAL REQUIREMENTS.
   (A)   Proposed streets or roads should be coordinated with the present system in the surrounding area and, where possible, should provide for the construction of existing streets or roads.
   (B)   The arrangement of streets and roads shall not cause a hardship.
   (C)   Street and road grades shall be consistent with the topography, classification, and function of the proposed road. In no case should the road or street grade exceed 12%.
   (D)   Turnarounds shall be provided at the closed end of all streets and roads and shall have a minimum of 50 feet radius. Pavement width within the turnaround shall have a minimum curb radius of 40 feet.
   (E)   No more than 2 streets shall intersect at any angle of less than 75 degrees.
   (F)   All streets and roads shall have official DOT stop signs, speed limit signs, curve, hill, bridge markings, and official Newberry County road name signs in place before Council acceptance.
   (G)   Adequate vision clearance shall be maintained at all intersections.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
§ 91.23 CONSTRUCTION STANDARDS; BURIED UTILITIES.
   (A)   Construction standards.
      (1)   All proposed streets and roads shall be graded, constructed, and surfaced in accordance with the requirements of this chapter and with appropriate standards and specifications established by the State of South Carolina and Newberry County or their duly authorized agents.
      (2)    The graded property of all streets and roads shall not be less than 36 feet from center ditch line to center ditch line, providing a finished roadbed of not less than 22 feet.
      (3)   All shoulders and slopes shall be shaped, trimmed, and compacted. The construction shall be so performed that the shoulders, adjacent ditches, and slopes will, at all times, be adequately drained. All shoulders on the earth-type base course for a width of 18 inches shall be compacted. All back slopes shall be graded to a minimum of 45 degrees. Ditches or gutters emptying from cuts to embankments shall be so constructed as to avoid erosion of the embankment.
   (B)   Buried utilities. All electrical, telephone, cable TV, water-sewer, and natural gas lines shall be buried in the right-of-way at a depth of at least 36 inches off pavement.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
§ 91.24 CULVERTS, PIPES, AND TRENCHES; STORM DRAINS; CATCH BASINS.
   (A)   Culverts, pipes, and trenches.
      (1)    The diameter of all culverts shall be determined by the county using history and run-off data available at the USDA Soil and Conservation Service. No culvert less than 18 inches in diameter will be acceptable. The length of the culvert will be determined by the height of the fill, but shall be of sufficient length to provide a minimum 22-foot wide finished roadbed.
      (2)   All concrete culverts shall conform to AASHTO M170 state requirements and only steel reinforced culvert will be acceptable.
      (3)   All pipe shall be laid in a trench in all cases where possible. Trenches shall be excavated to the required grade and to a width sufficient to allow for proper joining of the pipe and compaction of the backfill under and around the pipe. The trench bottom shall be shaped to fit the bottom of the pipe and shall have recesses shaped to fit any projected hubs or bells. All culverts shall have a minimum of 12 inches fill above the top of the culvert, excluding pavement or its base.
   (B)   Storm drains; catch basins. Catch basins shall be required to receive surface water from road side gutters or swales into piped or open ditch drains. Standard manholes and covers, inside step and gutter gratings may be required for some installations. The Public Works Director will direct the application if applicable. All curves shall be designed to pass the peak rate of run-off from at least a 25-year rain fall return frequency for a 1-hour storm.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000; Am. Ord. 07-37-03, passed 7-2-2003)
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