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   02/28/95  House  Objection withdrawn by Rep.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   03/02/95  House  Objection withdrawn by Rep.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

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.

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

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.

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.