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§ 91.29 POLICY STATEMENTS.
   (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)
§ 91.30 COUNTY ASSISTANCE AND ACCEPTANCE.
   (A)   The County Administrator or the Director of Public Works shall provide assistance to the general public, developers, and contractors.
   (B)   A copy of the county road specifications will be available in the office of the County Administrator and the office of the Director of Public Works.
   (C)   Upon satisfactory evidence that the road meets the minimum requirements as specified in this chapter, the Council shall, upon considering all information, accept responsibility for its maintenance.
(Ord. 124, passed 9-17-1991; Am. Ord. passed 2-5-1997; Am. Ord. passed 11-5-1997; Am. Ord. passed 1-5-2000)
§ 91.31 NAMING OF ROADS.
   In order to provide for the safety and security of all county residents, and to minimize confusion for citizens, law enforcement and emergency personnel in times of natural disaster, civil unrest, or other emergency, all roads in Newberry County, public or private, shall be named in accordance with the provisions of Chapter 94 of the Newberry County Code of Ordinances, as amended from time to time.
(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)
§ 91.32 ROAD CLOSING.
   The county shall only abandon or close roads or portions of roads within the county road system under the method prescribed in S.C. Code §§ 57-9-10 et seq., as amended. Members of the public desiring the closure of roads, or portions of roads, shall initiate such requests by this same method and at their own expense, except in cases where County Council determines it is in the interest of the county to effect such closings. The County Administrator, acting on behalf of and in consultation with County Council, shall make known to the court the county's position with respect to such closure requests.
(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)
Statutory reference:
   Convicts, chain gangs to work roads, see S.C. Code §§ 57-17-620 and 57-17-630
§ 91.33 CRITERIA FOR ACCEPTANCE.
   (A)   All through roads accepted into the county road system must include easements, executed by all adjoining property owners, granting the county a road and maintenance easement 50 feet in width for the road's entire length; this width may be 40 feet for non-through roads.
      (1)   Additional easements must be granted to the county, as required, for drainage and cul-de-sac turnarounds, and to otherwise ensure the safe use and proper maintenance of the road.
      (2)   Easement dimensions will be determined by the Director of Public Works.
   (B)   Submission of appropriately executed easements, plats, deeds, or court orders concerning the road's ownership and legal disposition.
   (C)   As befitting any road's status as a public road, there shall be no barriers, chains, gates, or fences that would block any portion of the road or street, and that would restrict movement of the traveling public.
   (D)   Any developer, contractor, or grantor(s) shall provide a performance bond, certificate of deposit, or letter of credit with a 2-year warranty period, as outlined in this chapter.
   (E)   All road signs, including but not limited to, stop, speed limit, curve, yield, hill, road name, and bridge marking, must be in place.
   (F)   All utilities shall be located off the roadbed and shall not be laid in ditches or curb lanes. No portion of the roadbed shall be used for water, sewer, telephone, gas, electrical, or cable TV. All utilities shall be placed at the outermost portion of the right-of-way.
   (G)   The county may require any developer, contractor, or owner to conduct soil testing to determine the quality of soil in the roadbed and right-of-way.
   (H)   Except as provided for in § 91.34 (A), after July 31, 2007, no road shall be accepted into the county road system unless it has been paved to final specifications, including a final top coat of paving, or unless adequate provision has been made in the form of the posting of an adequate commercial bond, cash deposit or letter of credit to provide for finishing the paving of the road (see § 154.063). This bond is in addition to the surety required for the 2-year warranty period set forth in division (D) above.
   (I)   All drainage, base setting, paving, and other road construction standards shall be in accordance with the provisions of this chapter, and any other standards adopted by the county with regard to road design, construction and/or maintenance.
   (J)   The speed limit shall be posted in accordance with § 91.05.
   (K)   Mail and newspaper boxes may not project over or be located in the dedicated right-of-way.
   (L)   Roads shall not dead-end unless an acceptable cul-de-sac or turnaround is established and transferred to the county by easement.
   (M)   All blind spots shall be removed in order to provide for the efficient and safe movement of traffic.
   (N)   Each road shall be constructed in a manner that prevents water from causing a hazard to vehicles and property. Drainage pipes or ditches should be constructed to prevent erosion and flooding to the road and to adjoining property.
   (O)   The county will not accept any road right-of-way that does not connect with an existing publicly-maintained road.
   (P)   Paving must conform to CRS and AASHTO M208 standards. No paving materials shall be laid on a roadbed that is unstable.
(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. 9-32-08, passed 1-21-2009; Am. Ord. 07-17-09, passed 11-19-2009)
§ 91.34 EXCEPTIONS.
   (A)   Under limited circumstances, the county may accept into its road system roads that do not otherwise meet current construction and other acceptance standards, provided that all of the following criteria are met:
      (1)   Presentation of properly-executed documents, limited to deeds, plats, written agreements, court orders, and/or easements, evidencing continuous and current maintenance of the road by a federal or state agency, or by a municipality of the county, for at least 3 years;
      (2)   Recording of documents granting easements to the county from adjoining property owners, as necessary to provide for a 50-foot right-of-way for the entire length of through roads, and a 40-foot right-of-way for the entire length of non-through roads; to provide for required turnarounds terminating cul-de-sacs; and to provide for any other maintenance, drainage, or other easements that, in the judgment of the Director of Public Works, are necessary for the road's safe use and proper maintenance; and
      (3)   Examination by Council to determine any increased need for resources associated with accepting such roads.
   (B)   The County Council may accept a developer's or grantor's bond instead of a bond issued by an authorized insurance or bonding company.
      (1)   The bond must be in cash or certified check.
      (2)   The cash bond or certified check will be held by the County Treasurer.
      (3)   A letter of credit may be accepted in lieu of cash or a certified check for a period of 24 months.
(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. 07-17-09, passed 11-19-2009)
§ 91.35 CUTTING OF TREES, BRANCHES, LIMBS, AND OTHER OBSTRUCTIONS.
   (A)   Dead trees, low limbs, or branches in the right-of-way will be cut by the county maintenance personnel and equipment, as well as weeds, grass, or brush that limit sight distance on county-maintained roads.
   (B)   All limbs, branches, and other obstructions that hang over or into a county-maintained road will be cut to ensure safety and sight regardless of ownership of right-of-way. The county will only cut or trim what is necessary to ensure the safety of the traveling public.
(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. 07-17-09, passed 11-19-2009)
PETITIONING PROCEDURES FOR ROAD PAVING
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