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(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)
(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)
(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)
(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)
(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)
(A) The work shall consist of the construction and preparation of the sub-grade on that part of the roadway intended to receive pavement and, when applicable, on sidewalks, curbs, gutters, base course, and shoulders.
(B) All soft, unstable, or unsuitable material which will not compact readily shall be removed and replaced with satisfactory material. All rocks and boulders shall be removed or broken off to a depth of not less than 8 inches below the surface of the sub-grade.
(C) All soil must be compacted so holes, ruts, or depressions will not form or develop. Compaction is extremely important to longevity of any road system.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
(A) The base course work shall consist of crusher run stone or gravel not less than 6 inches thickness for bituminous surfacing.
(B) The base course work shall consist of crusher run stone or gravel of not less than 6 inches thickness for plant mix pavement constructed on a prepared sub-grade.
(C) After base course of 6 inches of crusher run stone or gravel has been applied, the minimum finish of asphalt shall be 1½ inches thick.
(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)
(A) Rolling and finishing shall start at the edge and proceed toward the center, except on super elevated curves where rolling shall proceed from the lower to the upper side and continue until the aggregate are firmly set.
(B) Finished road shall be crowned or elevated from the shoulder to center line.
(C) Pavements of hot laid asphalt (plant mix) or bituminous (triple treatment) will be acceptable. All pavements shall be a minimum of 30 feet in width.
(D) All plant mixed asphalt paving materials shall conform to standard specifications for highway construction and shall be delivered to the spreading at a temperature as provided in the South Carolina Department of Transportation Standard Specification Book (2000 Edition).
(E) The surface of the mixture after compaction shall be smooth and true to establish crown and grade. Any mixture that becomes loose or broken, mixed with dirt, or in any way defective shall be removed and replaced with fresh mix which shall be immediately compacted to conform with the surrounding area. Joints between old and new pavement or between strips shall be made in such a manner as to ensure proper bond between the old and new surface.
(F) Bituminous surfacing shall consist of a wearing surface of applications of bituminous material and spreading of aggregate, constructed on prepared base. Emulsified asphalt shall be CRS or its equivalent and shall conform to the requirements of AASHTO.
(G) The following schedule shall be followed in the construction of bituminous surfacing:
(1) 40 - 50 pounds per square yard #5 stone;
(2) .50 - .55 gallons per square yard CRS-2;
(3) 28 - 32 pounds per square yard #6 M stone;
(4) .40 - .45 gallons per square yard CRS-2;
(5) 14 - 17 pounds per square yard #89 M stone;
(6) .30 - .35 gallons per square yard CRS-2; and
(7) 8 - 12 pounds per square yard (course creek sand or manufactured sand).
(H) Each layer shall be rolled immediately, with steel wheel rollers. After layers have been spread, it shall be uniformed by light brooming as each is laid to obtain a smooth surface.
(I) Immediately after the paving process is completed, shoulders shall be leveled to the pavement edge.
(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)
(A) All bridges shall be approved in advance by the office of the County Administrator.
(B) All piling shall be treated to 18 pounds per cubic foot and shall conform to the following:
(1) Under 26 feet length - 11-inches diameter measured 36 inches from butt end;
(2) 26 - 50-foot inclusive length - 12 inches diameter measured 36 inches from butt end;
(3) 51 - 70-foot inclusive length - 13 inches diameter measured 36 inches from butt end; the minimum penetration into original ground for any pile shall not be less than 10 feet in firm material and not less than 16 feet in soft material or sand;
(4) All lumber shall be treated 12 pounds per cubic foot minimum, and shall be of dense structured grade, 65% strength ratio conformation to Southern Pine Inspection Bureau; and
(5) Concrete bridges on treated piling will be acceptable.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
(A) The final acceptance of a road by the county does not imply the road will be widened or stabilized at any time. Types of road accepted by the county shall be:
(1) Triple treatment; and
(2) Asphalt.
(B) No paving will be allowed on wet surfaces or when the temperature is below 45°F or shade temperature is 40°F. Paving is not permitted during the months of December, January, and February.
(C) Roads in existing subdivisions which have already been paved to county standards, but which have less than the required width of right-of-way, may be accepted into the county road system, upon a further determination by County Council that special circumstances exist which justify the acceptance of the road right-of-way, and that the customary right-of- way width is not readily available for acquisition.
(D) The developer of a subdivision may be required to sell 50% of the parcels of a subdivided tract before the county will accept the roads therein, but this requirement may be waived by Newberry County Council for good cause shown. The purpose of this provision is to keep the county from accepting financial responsibility for new roads which may be damaged by the heavy truck traffic generally associated with the development of property and construction of new homes or businesses, and which roads may need extensive, costly repairs after being exposed to such traffic.
(E) Concerning roads in approved subdivisions, in the event there is any material difference between the requirements of this chapter and the chapter providing standards for road acceptance and construction in subdivisions, the provisions of the subdivision regulations shall govern. The provisions of this chapter shall govern in all other situations.
(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; Am. Ord. 05-15-07, passed 6-6-2007; Am. Ord. 9-32-08, passed 1-21-2009)
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