(A) Any interested person wishing to close a public road may file a petition to abandon or close a street, road, or highway as described in S.C. Code § 57-9-10 (1976), et seq. The petition shall name York County as a defendant. If successful, the petitioner shall be responsible for physically closing the road and installing any safety measures ordered by the court.
(B) County-initiated road closures.
(1) The County Engineer or designee may petition County Council to administratively close a road for the purpose of eliminating a serious safety risk, realigning a road, constructing a new road, or for any other purpose that improves the safety or utility of the county road system. The engineering department, public works department, and planning department must approve the closure prior to the County Engineer petitioning Council.
(2) Council may close the road by approving a resolution in which Council finds that the road closure is in the best interests of York County and that the closure will not foreclose all access to property adjacent to the closure. The resolution shall state:
(a) The road name and number;
(b) The length of the road closure;
(c) The reason for the road closure;
(d) The findings by Council; and
(e) Authorization for the preparation, execution, delivery, and recording of documents extinguishing York County’s property rights in the road. Council shall attach as an exhibit to the resolution a survey or construction drawing that clearly shows the closure area and the distance from the centerline to adjacent property.
(3) Upon adoption of the resolution, the county shall prepare and execute a quitclaim deed, right-of-way abandonment, or other necessary document, depending on the property interest the County acquired for the road. When the county owns fee simple title to the road, the county shall deed adjacent property owners the portion of the property adjoining their property to the centerline of the road. The county shall be responsible for recording all deeds, abandonments, and other documents conveying property interests.
(4) The County Engineer or designee shall forward a copy of the approved resolution and the recorded documents to the public works department for fding with the county road maintenance records. Upon receipt, the public works department shall update the county road maintenance list accordingly.
(5) Alternatively, the County Council may elect to close any road through the judicial process provided in S.C. Code§ 57-9-10 (1976), et seq.
(Ord. 219, passed 1-12-19)