H 3305 Session 111 (1995-1996)
H 3305 General Bill, By Kennedy, Askins, Delleney, McCraw, Phillips, Whatley and
Whipper
A Bill to amend Section 57-5-1140, as amended, Code of Laws of South Carolina,
1976, relating to installation of right-of-way entrances and aprons, so as to
require installation for existing business facilities and to limit the length
of an entrance.
01/18/95 House Introduced and read first time HJ-24
01/18/95 House Referred to Committee on Education and Public
Works HJ-24
02/23/95 House Committee report: Favorable with amendment
Education and Public Works HJ-2
02/28/95 House Objection by Rep. Tucker HJ-32
02/28/95 House Objection withdrawn by Rep. Tucker HJ-33
03/01/95 House Objection by Rep. Marchbanks, Herdklotz,
Limehouse, Robinson, Fleming, Sandifer, Seithel,
Keegan & Fulmer HJ-17
03/02/95 House Objection withdrawn by Rep. Keegan HJ-31
03/02/95 House Debate adjourned until Monday, March 6, 1995 HJ-36
04/05/95 House Tabled HJ-36
04/05/95 House Roll call Yeas-50 Nays-47 HJ-37
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 23, 1995
H. 3305
Introduced by REPS. Kennedy, Whatley, Askins, Delleney,
McCraw, S. Whipper and Phillips
S. Printed 2/23/95--H.
Read the first time January 18, 1995.
THE COMMITTEE ON EDUCATION AND PUBLIC
WORKS
To whom was referred a Bill (H. 3305), to amend Section
57-5-1140, as amended, Code of Laws of South Carolina, 1976,
relating to installation of right-of-way entrances and aprons, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 in its
entirety and inserting:
/SECTION 1. Section 57-5-1140 of the 1976 Code, as added
by Section 48A, Part II, Act 501 of 1992, is amended to read:
"Section 57-5-1140. (A) The department shall
construct at its expense with its maintenance forces the portion
within the right-of-way of entrances and aprons to state highways at
any point necessary to render adequate ingress and egress to the
abutting property at locations where the driveways will not
constitute hazardous conditions.
(B) The driveways must be of access to existing
developed property or property that is being developed for the
personal use of the owner and not for speculative or resale
purposes. An entrance ten feet wide (paved portion) measured at
right angles to the centerline of the driveway is the maximum width
for one-way traffic. An entrance sixteen feet wide (paved portion)
is the maximum width for two-way traffic. If pipe culvert is
necessary for drainage, the department shall install the amount
necessary for twelve inch, fifteen inch, eighteen inch, twenty-four
inch, or thirty inch pipe. Should the driveway installation require
pipe larger than thirty inches, the department may install the pipe
and charge the homeowner for the difference in cost between thirty
inch pipe and larger diameter pipe required.
(C) The driveways must be of access to existing
developed property or property that is being developed for the
business use of the owners. An entrance twenty feet wide (pave
portion) measured at right angles to the centerline of the driveway
is the maximum width for one-way traffic. An entrance fifty feet
wide (pave portion) is the maximum width for two-way traffic. If a
pipe culvert is necessary for drainage, the department may install
the pipe at the business owner's expense.
(D) Driveways requiring drainage structures other than
pipe must be brought to the attention of the State Maintenance
Engineer. The entrances to be constructed as outlined in this
section shall include base and surfacing as necessary to provide an
all weather driveway entrance. If wider entrances or additional
entrances are requested and approved, the construction may be
performed by the department at the owner's expense."/
Amend title to conform.
RONALD P. TOWNSEND, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year$ see below
2. Estimated Cost to State-Annually Thereafter$ see below
House Bill 3305 amends Section 57-5-1140 of the Code of Laws
of South Carolina, 1976, by requiring the Department of
Transportation to pave the right-of-way portion of driveways on
commercial property adjacent to state roadways.
The department estimates the cost of providing this additional
service at $3.5 million annually. This figure is based on the 1,850
requests received in 1994 from commercial property owners to pave
the right-of-way portion of their driveways, the number of linear
feet of pavement it would require to complete the requests and the
approximate cost of labor and materials for each linear foot of
pavement.
The additional cost of paving commercial driveways would be
borne by the State Highway Fund and not the General Fund of the
State. There is no fiscal impact on the General Fund of the State.
Prepared By: Approved By:
Gregory M. Bowers George N. Dorn, Jr.
State Budget Analyst Director, Office of State Budget
A BILL
TO AMEND SECTION 57-5-1140, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
INSTALLATION OF RIGHT-OF-WAY ENTRANCES AND
APRONS, SO AS TO REQUIRE INSTALLATION FOR
EXISTING BUSINESS FACILITIES AND TO LIMIT THE
LENGTH OF AN ENTRANCE.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 57-5-1140 of the 1976 Code, as added by
Section 48A, Part II, Act 501 of 1992, is amended to read:
"Section 57-5-1140. The department shall construct at its
expense with its maintenance forces the portion within the
right-of-way of entrances and aprons to state highways at any
point necessary not to exceed two hundred fifty feet to
render adequate ingress and egress to the abutting property at
locations where the driveways will not constitute hazardous
conditions. The driveways must be of access to existing developed
property or property that is being developed for the personal or
business use of the owner and not for speculative or resale
purposes. An entrance ten feet wide (paved portion) measured at
right angles to the centerline of the driveway and two hundred
fifty feet in length is the maximum width and length
for one-way traffic. An entrance sixteen feet wide (paved portion)
is the maximum width for two-way traffic. An entrance two
hundred fifty feet long is the maximum length for both one and
two-way traffic. If pipe culvert is necessary for drainage, the
department shall install the amount necessary for twelve inch,
fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe.
Should the driveway installation require pipe larger than thirty
inches, the department may install the pipe and charge the
homeowner owner for the difference in cost
between thirty inch pipe and larger diameter pipe required.
Driveways requiring drainage structures other than pipe must be
brought to the attention of the State Maintenance Engineer. The
entrances to be constructed as outlined in this section shall include
base and surfacing as necessary to provide an all weather driveway
entrance. If wider entrances or additional entrances are requested
and approved, the construction may be performed by the department
at the owner's expense."
SECTION 2. This act takes effect upon approval by the
Governor.
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