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James Island City Zoning Code

ARTICLE A

1 - GENERAL INFORMATION

§ A.1.1 ABBREVIATIONS.

   For the purpose of these regulations, abbreviations relating to streets and drainage are defined as follows:
   AASHTO. American Association of State Highway and Transportation Officials.
   ADA. Americans with Disabilities Act.
   ADAAG. Americans with Disabilities Act Accessibility Guidelines.
   ASTM. American Society for Testing Materials.
   CTC. County Transportation Committee.
   CTC (SS). The Charleston County Transportation Committee publication Standard Specifications for Local Governments Road and Street Construction, latest edition.
   HOA. Homeowners’ association.
   MLW. Mean low water.
   MSL. Mean sea level (elevation 0.0 as determined by the NGVD 29 datum).
   MUTCD. Manual on Uniform Traffic Control Devices.
   NGVD 29. National Geodetic Vertical Datum of 1929.
   SCDHEC/OCRM. South Carolina Department of Health and Environmental Control/Office of Ocean and Coastal Resource Management.
   SCDOT. South Carolina Department of Transportation.
   SCDOT (SS). South Carolina Department of Transportation Standard Specifications for Highway Construction, latest edition.
   USACOE. United States Army Corps of Engineers.

§ A.1.2 DEFINITIONS.

   For the purpose of these regulations, terms relating to streets and drainage are defined as follows:
   BASE COURSE. The layer or layers of specified or selected material of designated thickness or rate of application placed on a sub base or subgrade to comprise a component of the pavement structure to support the pavement or subsequent layer of construction.
   BRIDGE. A structure, including supports, erected over a depression or an obstruction; e.g., water, highway, or railway, and having a track or passageway for carrying traffic or other moving loads.
   CAUSEWAY. An earthen structure with at least one side adjacent to a depression, wetland, or marsh that supports a track or passageway for carrying traffic or other moving loads.
   CUL-DE-SAC. The radial turnaround area at the end of a dead-end street.
   CULVERT. Any structure which provides an opening under any roadway or any other structure so named in the plans, excluding bridges.
   DESIGN PROFESSIONAL. An individual or firm appropriately licensed and registered in the State of South Carolina.
   DETENTION. The temporary restriction of stormwater that is released at a predetermined or controlled rate.
   DEVELOPER. The legal or beneficial owner of a lot or of any land proposed for development; the holder of an option or contract to purchase; or any other person having an enforceable contractual interest in such land.
   DRAINAGE EASEMENT. The right of access of stormwater runoff from adjacent drainage basins into the drainage way within the defined easement.
   EARTH ROADS. Those roads constructed of compacted earth material.
   EASEMENT. A privilege or right of use, access or enjoyment granted on, above, under, or across a particular tract of land by the landowner to another person or entity.
   HOMEOWNERS' ASSOCIATION or PROPERTY OWNERS' ASSOCIATION. A formally constituted, non-profit association or corporation made up of the property owners and/or residents of a defined area. The HOMEOWNERS' OR PROPERTY OWNERS' ASSOCIATION may take responsibility for costs and upkeep of common open space or facilities, or enforce certain covenants and restrictions.
   MAIN UTILITY LINES. Those facilities, including piping, conduits, outlets, and other appurtenances necessary for the proper functioning of essential services to a development including water, electricity, gas, sanitary sewer, storm sewer, cable, communications, etc.
   MEAN SEA LEVEL. Elevation 0.0 as determined by the NGVD 29 datum.
   PAVED STREETS. Those streets for which the riding surface is constructed of a layer or layers of materials usually comprised of Portland cement concrete or asphaltic concrete.
   PAVEMENT. The uppermost layer of material placed on the street usually as the wearing or riding surface. The term is used interchangeably with "surface course" or "surfacing" and will usually imply Portland cement concrete or asphaltic concrete.
   PLAT. A diagram drawn to an engineering scale showing all essential data pertaining to the boundaries and subdivision of a tract of land as determined by a professional land surveyor.
   PUBLIC WORKS DIRECTOR. The Director of the Department of Public Works for the Town of James Island or his authorized representative.
   RESPONSIBLE ENTITY. The unit of local government responsible under South Carolina law for the maintenance of the roadway and/or drainage system; or, in the case of private roadways and/or drainage systems, the owner of the property upon which the roadway and/or drainage system is located; or, if existing, a homeowners' association previously created to maintain the roadway and/or drainage system.
   RIGHT-OF-WAY. Land that has been or is being dedicated for the construction and maintenance of a road or street. RIGHT-OF-WAY may also be used to identify an area dedicated for use as part of a drainage system or utility corridor.
   ROADWAY. The entire area between the outside limits of construction, including structures, slopes, ramps, intersections, utilities, side ditches, channels, waterways, etc. necessary for proper drainage. This term shall, in general, be considered synonymous with street or road.
   ROCK ROADS. Those roads in which the riding surface is constructed of a layer or layers of material usually comprised of compacted rock or other aggregate materials.
   STREET. A vehicular way, which may also serve in part as a way for pedestrian traffic, whether called a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, alley, mall, or other designation, including the entire area within the right-of-way.
   STUB STREET. A street that intersects another local street and extends, usually one lot deep, to the property line of the development or rear of the block being developed.
   SUBGRADE. The top surface of a roadbed upon which the roadway structure and shoulders are constructed.

§ A.1.3 INTRODUCTION.

   These standards provide specific information and design parameters regarding the construction of roads, ingress/egress easements, and drainage facilities. This document defines risks and responsibilities that are accepted by the responsible entity pertaining to the maintenance of the roads and drainage systems.

§ A.1.4 OBJECTIVE.

   The primary objective is to ensure that property being subdivided is provided with access.

§ A.1.5 SCOPE.

   These regulations shall apply in all unincorporated portions of the Town of James Island.

§ A.1.6 PROPERTY ACCESS.

   It is the responsibility of the landowner/developer to provide access to the property being subdivided. Access to those properties shall be maintained and either privately or publicly owned. The ownership and maintenance status of the access shall be indicated on all submitted plats.

§ A.1.7 LANDOWNER/DEVELOPER RESPONSIBILITIES.

   The landowner/developer is responsible for selecting the type of access to be provided for their subdivision. The classification of access will determine the party responsible for maintenance and the town's associated responsibilities, if any.

§ A.1.8 DESIGN PROFESSIONAL/LAND SURVEYOR RESPONSIBILITIES.

   The design professional-of-record must be currently registered to practice in the State of South Carolina. The designs must either be prepared by, or under their direct supervision, in accordance with the Code of Laws of South Carolina, 1976, Title 40, Chapter 22, and Rules of Professional Conduct, including any revisions made thereto. The designs shall be based on sound engineering judgment and these standard specifications.

§ A.1.9 COORDINATION WITH OTHER REVIEWING AGENCIES.

   (A)   The design professional-of-record shall provide a list of all regulatory permits required for the construction of all road and drainage systems. This list shall include the status of each permit, along with corresponding application numbers and dates.
   (B)   The design professional-of-record shall provide a copy of all approved permits deemed essential by the Public Works Director to the Public Works Department prior to final approval of the construction plans.

§ A.1.10 STORMWATER MANAGEMENT AND SEDIMENT CONTROL.

   (A)   All land-disturbing activities shall be in conformance with the Town of James Island Stormwater Management and Sediment Control Ordinance and all state and/or federal regulations that may be applicable.
   (B)   The design professional shall prepare appropriate sediment and erosion control designs and show sufficient data, including material lists, details, and time schedules, to ensure best management practices are followed. The developer shall be responsible for ensuring that the design professional's designs are constructed in a timely manner and properly maintained throughout the duration of the development's construction period. If sediment is carried downstream as a result of inadequate design, improper construction, or maintenance neglect, the developer shall ensure that the eroded soil is removed from the downstream properties and legally disposed.

§ A.1.11 ROAD CLASSIFICATIONS.

   (A)   Private roads. Any road dedicated to an individual or entity other than the Town of James Island with an ingress/egress easement (maximum of 10 lots) or a right-of-way dedicated to a homeowners' association. The easement holder retains ownership and maintenance responsibility for access and drainage.
   (B)   Public roads (minimum standards).
      (1)   Non-standard town roads (maximum of 10 lots):
         (a)   Surface: earth.
         (b)   Minimal drainage.
         (c)   Travel way minimum width determined on a per road basis.
         (d)   Lot drainage is each owner's responsibility.
      (2)   Secondary rural road (maximum of 10 lots):
         (a)   Surface: earth.
         (b)   Minimal drainage (only roadside or sheet flow).
         (c)   Travel way minimum width of 18'.
         (d)   Lot drainage is each owner's responsibility.
      (3)   Primary rural road:
         (a)   Surface: earth, rock, or pavement.
         (b)   Minimal drainage with outfall (only for the roadway).
         (c)   Travel way minimum width of 20'.
         (d)   Lot drainage is each owner's responsibility.
      (4)   Secondary town road:
         (a)   Surface: rock or pavement.
         (b)   Drainage plan required for property and roadway system.
         (c)   Open ditch drainage system.
         (d)   Travel way minimum width of 22'.
      (5)   Primary town road:
         (a)   Surface: paved.
         (b)   Curb and gutter.
         (c)   Drainage plan required for property and roadway system.
         (d)   Enclosed pipe with limited open ditch drainage system.
         (e)   Travel way minimum width of 24'.

§ A.1.12 APPLYING ROAD CLASSIFICATIONS.

   (A)   Private road. The landowner/developer shall have the option to utilize any of the private road classifications for property subdivision regardless of region (see below).
   (B)   Public road.
      (1)   Roads that are to be constructed, dedicated, and accepted into the town maintenance system shall be constructed in accordance with one of the public road classification standards. The minimum required classification for the road would be determined by its location within the unincorporated portions of the Town of James Island. For road classification purposes, the unincorporated portions of town are divided into three regions.
         (a)   Rural. Areas within the town that have a zoning classification of AGR, AG-10, AG-15, RM, and NRM.
         (b)   Transitional. Areas within the town that have a zoning classification of M-12, RR-3, and AG-8.
         (c)   Urban/suburban. Areas within the town that have a zoning classification of RSL, RSM, MHP, OR, OG, CN, CT, CR, CC, and I.
      (2)   Secondary rural roads will only be allowed in the rural region.
      (3)   Primary rural roads will be allowed in the rural region and within the transitional region when the following conditions are met to the satisfaction of the Public Works Director:
         (a)   The proposed road is a cul-de-sac or future expansion is limited.
         (b)   The lots being created are a minimum of 5 acres in size or the design professional demonstrates adequate lot and roadway drainage can be provided.
      (4)   Secondary town roads will be allowed in the rural region. They will also be allowed in the transitional region and urban/suburban region when the following conditions are met to the satisfaction of the Public Works Director:
         (a)   The proposed road is a cul-de-sac or future expansion is limited.
         (b)   The design professional demonstrates that stormwater best management practices can be utilized to satisfactorily address water quality requirements in conjunction with an open drainage system.
         (c)   The lots are of sufficient size to accommodate an open drainage system. The road system is an expansion to an existing open drainage system.
      (5)   Primary town roads will be allowed in all regions.
      (6)   Public roads shall connect with an existing public roadway that has been accepted by a public agency (town, municipality, or state). Public roads shall not rely upon a right-of-way that has only been dedicated but not accepted into a public maintenance system.
      (7)   Streets within commercial and industrial developments shall be designed as primary town standard streets unless approved otherwise, in writing, by the Public Works Director.
      (8)   Non-standard town roads shall require Town Council authorization.
      (9)   If a land development plan exceeds the non-standard town road 10 lots maximum, construction shall be required to improve the non-standard road to the required town standards from its point of connection to an existing town standard or state public road.