Awendaw City Zoning Code

   (A)   Applicability. Unless expressly exempted, no subdivision shall be made, platted or recorded for any purpose nor shall parcels resulting from such subdivisions be sold or offered for sale, unless such subdivision meets all applicable standards of this chapter and has been approved in accordance with the procedures.

      (1)   All lots shown on plats whether subdivided or not, shall have the Planning Commission stamp of either approval or exemption on said plat; the Register of Mesne Conveyance shall not record any plat without such stamp. The plat for an individual lot exempted by virtue of pre-existence must be accompanied by a surveyor’s statement on the plat that the lot is a single, individual lot and not newly created.

      (2)   Parcels that were recorded by deed or plat prior to the adoption of the county’s original subdivision regulations on January 1, 1955, will receive automatic approval under a grandfathers clause; providing the parcel involved is still in the same size and shape as when recorded prior to 1955 and is properly platted in accordance with present standards. The recorded information must be provided and attested to by the surveyor or attorney involved.

   (B)   Standard specifications for road and drainage systems. The regulations and standards of this chapter are intended to supplement the county’s standard specifications for road and drainage systems. In the event of conflict, the county’s standard specifications for road and drainage systems shall control.

   (C)   Exemptions.

      (1)   Procedures. The following shall be exempt from the subdivision plat procedures, if the planning staff determines that all other applicable requirements of this chapter have been met:

         (a)   The combination or re-combination of portions of previously platted and recorded lots where the total number of lots is not increased and all lots or residual parcels thus created comply with all applicable requirements of this chapter;

         (b)   The public acquisition of land for right-of-way or drainage easements;

         (c)   When contiguous properties are to be divided for the purpose of exchanging or trading parcels of land;

         (d)   Where a parcel of land is proposed to be used as the site for a utility substation, power line easements or right-of-way, pumping station, pressure regulating station, electricity regulating substation, gas pressure control station or similar facilities; and

         (e)   Where properly platted lots or parcels are created and approved by judicial action.

      (2)   Standards. Lots created and recorded prior to August 15, 1971 shall be exempt from compliance with the design standards of this chapter; provided that the subject property:

         (a)   Was or is surveyed and platted in accordance with prescribed standards;

         (b)   Has the approval of the County Health Department; and

         (c)   Contains no drainageways or easements needed to drain surrounding properties, as determined by the Public Works Director.

(Ord. 20-8, passed 12-7-2000)

   (A)   Relationship to development review procedures. The general procedural requirements and standards shall apply to the subdivision plat procedures of this section.

   (B)   Minor vs. major subdivision.

      (1)   Minor subdivision. A minor subdivision is division of any tract of land in one ownership, into ten or fewer lots; provided that:

         (a)   No street right-of-way dedications are involved;

         (b)   No utility or drainage easements are necessary;

         (c)   The lots meet Health Department requirements for the installation of a conventional or modified individual sewage disposal system; and

         (d)   No new or residual parcels will be created that do not comply with all applicable requirements of this chapter.

      (2)   Major subdivision. Any land division that is not a minor subdivision shall be processed as a major subdivision.

(Ord. 20-8, passed 12-7-2000)

   (A)   Minor subdivisions. There is one required step in the minor subdivision process: final plat review and approval. Applicants for minor subdivision are strongly encouraged to schedule and attend a pre-application conference prior to filing a minor subdivision.

   (B)   Major subdivisions. Applicants for major subdivisions are required to schedule and attend a pre-application conference prior to filing a subdivision application. After the pre-application conference, there are two required steps in the process: preliminary plat review and approval; and final plat review and approval. Each step of the process shall be completed before initiating the next step.

   (C)   Pre-application conference. Pre-application conferences offer an opportunity to familiarize applicants with applicable procedures, submittal requirements, development standards and other pertinent matters before finalizing the development proposal or laying out the proposed subdivision. Applicants shall be responsible for scheduling pre-application conferences with the Planning Director who shall be responsible for contacting the Public Works Department and other affected agencies.

   (D)   Application.

      (1)   Minor subdivisions. Pre-application conference applications for minor subdivisions shall be submitted to the Planning Department on forms available in the Planning Department. Pre-application conferences are not mandatory for minor subdivisions.

      (2)   Major subdivisions. Pre-application conference applications for major subdivisions shall be submitted to the Planning Department and include the following:

         (a)   A completed application form (available in the Planning Department);

         (b)   A plat of survey of the subject property, if available, or a tax map that identifies the subject property; and

         (c)   A concept plan that includes the following information:

            1.   The proposed means of access to a public road;

            2.   Surrounding land uses;

            3.   All adjacent roads;

            4.   A preliminary map and analysis of natural resources present on the subject property and surrounding property; and

            5.   A conceptual layout of the proposed subdivision, which shall be overlaid on the preliminary natural resources map and which shall show streets, lots, parks and other facilities located to protect natural resource areas.

(Ord. 20-8, passed 12-7-2000)

   Required of all major subdivisions and any cluster subdivision are as follows.

   (A)   The layout of any subdivision shall be determined after preparing the required site analysis.

   (B)   The detailed site analysis will be done in order to identify the site’s most significant environmental, historic, cultural and natural resources. The site analysis will include the following.

      (1)   Vegetation. Characteristics of a vegetation survey related to land use will describe principal, predominant and significant vegetation, by type, condition, age, use and general or specific location. Features in the survey will include trees and shrubs, agricultural fields, treelines, native vegetation, orchards, groves, woodlots, pastures, wetlands, forests and grasslands. The vegetation survey shall indicate any significantly large trees or endangered plant or animal species that may reside on the site and is protected by law.

      (2)   Historical, archaeological and cultural resources. Historical resources located within the proposed golf course development must be identified on the plat. Sources such as the County Historical Survey (1991), state registers and to federal registers such as the National Register of Historic Places shall be utilized in identifying these resources. The historical survey is important for noting structures and areas that must be protected as designated landmarks.

      (3)   Adjacent land use patterns. Land use on adjacent properties shall be identified. Features such as, but not limited to, roads, rice dams, traditional settlement areas, cemeteries, clusters of structures, parks, marinas and logging areas shall be shown.

      (4)   Hydrography. All water features including streams and sensitive areas on the site, such as wetlands and riparian corridors must be located. The purpose of locating these features is to limit disturbance of soil and vegetation that affect water quality features. Hydrography shall be used to determine where water required wetland buffers and other requirements such as drainage easements will be located. Wetland buffers of 50 feet are required on all saltwater marshes, and 35 feet on all freshwater wetlands. All water bodies, rivers, streams, drainage channels, marshes or wetlands, floodplains and aquifers must be inventoried or identified.

      (5)   Wildlife habitat areas. The purpose of identifying wildlife habitat areas is to assess the ecological conditions of the landscape and to provide continuation of these habitat areas. Features of this survey shall include the presence of any threatened or endangered species, natural areas vital to wildlife species and habitat areas that are connected to larger undisturbed natural habitat (connected habitat system). Through this method, the study will develop key points or areas that should be left undeveloped, then define those areas most suitable for development.

(Ord. 20-8, passed 12-7-2000)

   (A)   Applicability. Preliminary plats shall be required for all major subdivisions.

   (B)   Application.

      (1)   Applications for preliminary plat approval shall be submitted to Planning Department on forms available in the Planning Department. Ten copies of the preliminary plat shall be filed with the application.

      (2)   Preliminary plats shall be drawn to scale no smaller than 1” = 100’. Where large areas are being platted, they may be drawn on one or more sheets, 22” x 34” in size. For small areas being platted, a scale of 1” = 50’ shall be used.

      (3)   Even though a subdivider intends to subdivide only a portion of a parcel or tract of land initially, the preliminary plat shall show a proposed street and lot layout, drainage plan and other requirements for the entire parcel or tract of land in which such portion is contained.

      (4)   The following information shall be required on each plat:

         (a)   The courses and distances of the perimeter of the land involved shall be shown with the courses marked to show which are actual field observations and which are computed;

         (b)   References to a known point or points such as street intersections and railroad crossings shall be shown;

         (c)   The total acreage of the land involved in the subdivision and the acreage above the Office of Coastal Resource Management critical line. Date of critical line certification shall be indicated. (Aerial photography may not be used to determine OCRM critical line location);

         (d)   The names of adjacent land owners and streets where known or available shall be given (with the tax parcel numbers) and all intersecting boundaries or property lines shall be shown;

         (e)   Proposed divisions to be created shall be shown, including the right-of-way widths, roadway widths and names of streets; the locations of proposed utility installations and utility easements; lot lines, dimensions and angles; sites reserved or dedicated for public uses; and sites for apartments, civic/institutional, commercial and industrial uses;

         (f)   The title, scale (including graphic scale), north arrow (magnetic, grid or true), date, name of subdivider and the name of engineer or surveyor with the state registration number shall be shown;

         (g)   All existing physical features of the land, including contours, drainage ditches, roads and wooded areas shall be shown. The contour interval shall be one foot, unless otherwise approved in advance of submission by the Public Works Director. All contour information shall be based on mean sea level datum and shall be accurate within one-half foot. The bench mark, with its description, and the datum used for the survey shall be clearly noted on the plat;

         (h)   General drainage features, including proposed drainage easements and detention/retention basins. Proposed cuts and fills shall be shown. Also the proposed direction of drainage on each street, ditch and lot shall be indicated by the use of arrows and proposed street names;

         (i)   The location of required landscape buffers, which shall not be located within drainage easements unless expressly approved by the Public Works Director;

         (j)   Jurisdictional wetlands, with the date of certification; and

         (k)   The notarized signature of the owner or their agent and a statement indicating ownership of the property and the plat shows their intent to subdivide the property.

      (5)   Accompanying data.

         (a)   The preliminary plat shall be accompanied by a statement as to the availability of and specific indication of the distance to and location of the nearest public water supply and public sanitary sewers.

         (b)   The preliminary plat shall be accompanied by a statement indicating what provisions are to be made for water supply and sewage disposal.

      (6)   Sight lines for inspection. Sight lines shall be cut a maximum of 200 feet apart for the purpose of making the topographic survey and to allow visual inspection of the property after application has been made for approval of the preliminary plat.

   (C)   Planning Director review and report. The Planning Director shall compile a staff report (which includes the comments and recommendations of the Public Works Department and other affected agencies) that reviews the preliminary plat application in light of all applicable requirements of this chapter. This report shall be forwarded to the Planning Commission.

   (D)   Planning Commission review and decision. Within the 60 days of receipt of a complete application, the Planning Commission shall review the proposed preliminary plat and act to approve, approve with conditions or deny the preliminary plat, based on whether it complies with all applicable requirements of this chapter.

   (E)   Effect of preliminary plat approval. Approval of a preliminary plat shall constitute general acceptance of the overall planning concepts for the proposed subdivision and is a prerequisite for the filing of a final plat application.

   (F)   Lapse of preliminary plat approval. An approved preliminary plat shall lapse and be of no further force and effect if a final plat for the subdivision (or a phase of the subdivision) has not been approved within two years of the date of approval of the preliminary plat. If the subdivision is to be developed in phases, a phasing plan shall be approved as part of the preliminary plat approval.

   (G)   Appeals. Any person with a substantial interest in a preliminary plat decision of the Planning Commission or any officer, board or bureau of the county may appeal the Planning Commission decision to the Circuit Court of the county. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 days of the date of the Planning Commission’s decision.

   (H)   Construction plans. After approval of a preliminary plat and before commencing any work within the proposed subdivision (including land clearing and grading), road plans and profiles and a detailed drainage plan prepared by an engineer registered in the state shall be submitted to the Public Works Director for review and approval in accordance with the county’s standard specifications for road and drainage systems.

   (I)   Inspections.

      (1)   Subdivision plats that are submitted for review are field inspected by planning and public works staff to ensure compliance with any applicable ordinance requirements and county standards.

      (2)   When no public sewer is provided to the proposed lot, a representative of State Department of Health and Environmental Control will visit the site and test the soil for minimum septic system requirements.

      (3)   Where subdivision streets and/or drainageways are being constructed, a Public Works Department inspector will make periodic visits to the site at no cost to the developer to ensure construction compliance with county-approved road and drainage plans. Public Works Department’s certification that all roads and drainage systems have been constructed in compliance with the plans is required prior to final approval of the development. This approval is necessary for both public and private developments.

      (4)   Fire protection and design to be approved by the Fire Department prior to preliminary plat approval.

(Ord. 20-8, passed 12-7-2000)

   (A)   Conditional plat approval. Prior to approval of a final plat, the developer shall install all required public improvements or post an approved financial guarantee of performance and maintenance, in accordance with the requirements. If financial guarantees are posted, decision-making bodies shall be authorized to grant conditional plat approval, with final approval contingent upon completion and acceptance of all required improvements. After conditional plat approval is granted, the sales of subdivision lots shall be permitted and building permits may be granted, but no certificates of occupancy shall be issued until all required improvements have been installed and accepted.

   (B)   Applicability. Final plats shall be required for all minor and major subdivisions.

   (C)   Application.

      (1)   Applications for final plat approval shall be submitted to Planning Department on forms available in the Planning Department. Ten copies of the final plat shall be filed with the application.

      (2)   Certification from the design engineer that the subdivision’s road and drainage infrastructure has been constructed in accordance with the approved plans.

      (3)   The final plat shall be drawn in ink on a material specified by the Register of Mesne Conveyance recording, on sheets 22” x 34” in size, and at a scale of 1” = 100’ or larger. Where necessary, the plat may be on several sheets accompanied by an index sheet or key map insert showing the entire subdivision.

      (4)   The final plat shall show the following:

         (a)   All information required on the preliminary plat, with the exception of topographic data;

         (b)   All property lines with accurate bearings or deflection angles. If a control traverse is run between any two points on any property lines, then it shall be noted. For property lines which are curves or are in part curves, the arc length shall be shown. Also, in dashed lines, the chord length from property corner to property corner along the curve shall be shown with appropriate bearings and angles;

         (c)   Curve data for all curves consisting of the following: the Delta angle, the degree of the curve, the tangent distance, the length of curve, the radius and an indication of whether the arc method or chord method was used;

         (d)   The location of all points of curvature and tangency;

         (e)   The location of points of intersection where circular curves are not used;

         (f)   Block and lot numbers suitably arranged by simple system;

         (g)   Certificates:

            1.   A surveyor’s certificate as to accuracy of survey and plat. “I, (name of surveyor), a registered surveyor of the State of South Carolina do hereby certify that I have surveyed the property shown hereon, that this plat shows the true dimensions of the property and that all necessary markers have been installed and the precision is: (state actual precision). The unadjusted field measurement of lots and blocks shall be accurate within the standards set forth in the Minimum Standards Manual of the South Carolina Board of Engineering Examiners.

            2.   A statement of dedication by the property owner of streets, rights-of-way, easements and any other sites for public use. If any change in ownership is made subsequent to the submission of the plat and prior to the granting of final approval, the statement of dedication shall be corrected accordingly.

            3.   The signature and seal of the registered land surveyor in accordance with the current Minimum Standard Manual for the Practice of Land Surveying in South Carolina.

         (h)   All easements shall include their width and centerline;

         (i)   The Office of Coastal Resource Management critical line;

         (j)   The U.S. Army Corps of Engineers’ jurisdictional line; and

         (k)   Fire protection facilities shall be functional and approved by the Fire Department at the time of final plat submission.

      (5)   Accompanying data.

         (a)   A certificate of title or a sworn affidavit establishing the ownership of the land to be recorded. If any change in ownership occurs subsequent to the date of the certificate to title or affidavit and prior to the granting of final approval, a new certificate of title or sworn affidavit establishing the ownership of the land shall be submitted to the decision-making body.

         (b)   In subdivisions where existing public water and public sewer systems have been extended and/or a new system installed, a certification of inspection from the State Department of Health and Environmental Control shall be submitted.

      (6)   Certification of approval. When Planning Commission or Council has approved the plat, a certificate noting such approval and carrying the signature of the Director of Planning shall be placed on the original drawing of said plat.

      (7)   Statements on plat.

         (a)   The Planning Commission reserves the right to require the following statements to be placed upon the plat if the proposed roads and drainage have not been constructed in conformance with standards and specifications of the county’s standard specifications for road and drainage systems.

            1.   “The approval of this plat does not obligate the town in any way to accept for maintenance any of the roads or easements shown hereon.”

            2.   “WARNING! Approval of this plat does not indicate approval nor adjudicate title of the access or right-of-way shown hereon.”

         (b)   The Planning Commission reserves the right to require additional statements to be placed upon the plat if the proposed subdivision does not meet all requirements of the subdivision regulations. These notes shall be included in the approval of the final plat.

      (8)   Road rights-of-way or drainage easements. Where road rights-of-way or drainage easements are being dedicated, whether public or private, a certificate of ownership prepared by a licensed attorney and establishing the complete and actual ownership of the property to be dedicated shall be submitted.

   (D)   Planning Director review and decision. Within the 45 days of receipt of a complete final plat application, the Planning Director shall review the proposed final plat and the reports for the Public Works Department and other affected agencies and act to approve, approve with conditions or deny the final plat, based on whether it complies with the approved preliminary plat and all applicable requirements of this chapter.

   (E)   Acceptance of dedications. Approval of a final plat shall not constitute acceptance of any public improvements. Such acceptance will require the town and/or County Council acceptance of dedication. Once approved, a certificate of dedication acceptance shall be attached to copies of the approved plat, which shall be provided to the developer.

   (F)   Recording. Approved final plats shall be recorded by the Planning Director with the Register of Mesne Conveyance within 30 days of final approval.

   (G)   Appeals.

      (1)   Appeals of Planning Director’s decision. Any person with a substantial interest in a final plat decision of the Planning Director may appeal the decision to the Planning Commission by filing an appeal with the Planning Director within 30 days of the date of the decision.

      (2)   Appeal powers. In exercising the appeal power, the Planning Commission may reverse or affirm wholly or partly or may modify the decision being appealed. If the Planning Commission determines that it is necessary to obtain additional evidence in order to resolve the matter, it may remand the matter to the Planning Director, with directions to obtain such evidence and to reconsider the decision in light of such evidence.

      (3)   Consideration of evidence. The Planning Commission shall consider only the same application, plans and related project materials that were the subject of the original decision and only the issues raised by the appeal.

      (4)   Burden of persuasion or error. In acting on the appeal, the Planning Commission shall grant to the Planning Director’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

      (5)   Approval criteria. An appeal shall be sustained only if the Planning Commission finds that the Planning Director erred.

      (6)   Appeals of Planning Commission’s decision. Any person with a substantial interest in a final plat (appeal) decision of the Planning Commission may appeal the Planning Commission decision to the Circuit Court of the county. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 days of the date of the Planning Commission’s decision.

(Ord. 20-8, passed 12-7-2000)

   (A)   Size.

      (1)   Lots shall comply with the lot size standards of the underlying zoning district and all other applicable standards of this chapter.

      (2)   Depth of residential lots shall not exceed three times width of the lot (a 1:3 ratio).

      (3)   The Planning Director may allow the lot width to depth ratio of 1:3 to be exceeded when any of the following conditions occur:

         (a)   When attached dwellings are proposed;

         (b)   Where additional depth is provided for marsh frontage lots when the lot width depth ratio is met and the property line is extended into the marsh; and

         (c)   A minor subdivision of a parent tract into no more than two lots; provided the following requirements are met:

            1.   The minimum lot frontage for each lot is not less than 300 feet;

            2.   In no case shall the average lot width be less than 300 feet with the minimum lot width at any one point than 250 feet; and

            3.   At least one of the lots shall border a natural area, wetland or marshland.

   (B)   Access.

      (1)   (a)   Double frontage lots shall be avoided except where essential to provide separation of residential development from major roadways or to overcome specific disadvantages of topography and orientation.

         (b)   An easement with a minimum width of ten feet may be required to restrict access from the major street or other area.

      (2)   All lots shall be provided with access by means of streets that have been constructed in conformance with the standards and specifications of this chapter.

   (C)   Flag lots. Flag lots may be allowed in subdivisions established pursuant to the standards of this chapter.

      (1)   Permitted use of flag lots.

         (a)   A flag lot may be utilized to facilitate subdivision of a long narrow parcel that has sufficient area but insufficient width to be otherwise subdivided.

         (b)   A flag lot may be used to eliminate multiple access points to collector or arterial roads.

         (c)   A flag lot may be used when the buildable area of a parcel is restricted due to the presence of a natural resource or the irregular shape of a parcel.

      (2)   Prohibited use of flag lots.

         (a)   Flag lots shall not be used to avoid the development of streets otherwise required by this chapter when the effect of such flag lots would be to increase the number of access points (driveways) on a publicly dedicated road right-of-way.

         (b)   Flag lots may be denied when an adjoining parcel also has sufficient area but insufficient width to otherwise be subdivided. In such cases, in lieu of platting a flag lot, a half-width road right-of-way may be required to be platted along the common property line to facilitate the platting of a full width road right-of-way when the adjoining property is subdivided.

      (3)   Standards for flag lots.

         (a)   Flag lots shall take direct access to streets that comply with the standards of this chapter.

         (b)   The area within the flagpole portion of a flag lot shall not be counted as lot area for the purpose of meeting the minimum lot area requirements of this chapter.

         (c)   As a condition of approval of a flag lot, decision-making bodies may require an access easement to be placed on the flag lot to allow the adjoining parcel to share access to the road.

         (d)   The flag pole portion of a flag lot shall have a minimum width of 20 feet for its entire depth, and the depth, or length of the flag pole shall not exceed 300 feet.

(Ord. 20-8, passed 12-7-2000)

   (A)   Principles and philosophy.

      (1)   Design philosophy. Streets are the links that provide the basis for safe, efficient and economical access to commercial, industrial and residential areas. Safe residential streets are attained by specifying street geometries that discourage excessive speed and emphasize access. Residential streets should therefore promote:

         (a)   Safe and efficient movement of vehicular and pedestrian traffic; and

         (b)   Cost-effectiveness, that takes into consideration both initial construction and future maintenance costs.

      (2)   Principles. Streets and roads shall be designed to:

         (a)   Provide safe, smooth and efficient vehicular flow;

         (b)   Provide acceptable sight distance visibility;

         (c)   Provide good roadway foundation and subgrade drainage;

         (d)   Provide acceptable environmental features;

         (e)   Provide space for utilities, if necessary;

         (f)   Provide drainage for adjacent properties, when practical;

         (g)   Consider a community or subdivision master plan;

         (h)   Follow natural contours and preserve natural features;

         (i)   Minimize traffic speed, volume and congestion; and

         (j)   Minimize the amount of paved area as a means of reducing stormwater runoff.

   (B)   Street and road classifications.

      (1)   Parkways. Parkways are divided arterial streets with full or partial access, usually located within a ribbon of park-like development.

      (2)   Arterial street. Arterial streets function to conduct traffic between communities and activity centers, and to connect communities to major state and interstate highways. Arterials are primary roads characterized by high traffic volumes and high speeds.

      (3)   Collector street. Collector streets (in the town) serve as the principal traffic arteries within residential and commercial areas. Collector streets carry relatively high traffic volumes from arterial streets to lower classification streets.

      (4)   Subcollector street.

         (a)   Subcollector streets provide passage to access streets and convey traffic to collector streets. Subcollectors provide access to residential lots and also carry some through traffic to lower classification streets.

         (b)   Subcollector streets may provide access to 25 to 100 dwelling units (lots).

      (5)   Access street. Access streets are designed to conduct traffic to up to 25 dwelling units and subcollector streets.

   (C)   Urban/suburban street standards. Urban/suburban streets are those streets near and around municipalities, shopping areas and commercial areas. Urban/suburban streets shall be subject to the following standards:

 

   (D)   Rural road standards. Rural roads are located in low-density areas away from commercial shopping areas. Rural roads are more informal and should blend into the surrounding landscape. Rural access roads usually carry less traffic than urban streets and may have a surface constructed of rock, pavement or an alternative surface approved by the Public Works Director. Earth roads may be allowed for cul-de-sacs with a length of 1,500 feet or less. Additionally, earth roads may be allowed within open space developments if: adequate drainage can be provided; soil conditions can accommodate the weight of a pumper truck; and a maintenance bond is provided to ensure continuing maintenance of the road.

 

   (E)   Centerline radius of horizontal curves.

      (1)   Centerline radius for horizontal curves is dependent upon many factors including type and condition of roadway surface, horizontal and vertical sight distances, design speed and degree of curvature.

      (2)   The roadway designer is required to utilize appropriate design techniques as outlined in American Association of State Highway and Transportation Officials (AASHTO) design publications in the design of horizontal and vertical curvature of the town and/or county roads.

   (F)   Public maintenance of streets and roads. In order to be eligible for public maintenance, streets and roads must comply with the town and/or county’s standard specifications for road and drainage systems.

   (G)   Roadway drainage.

      (1)   Acceptable methods. The methods of roadway drainage shall be acceptable, as detailed in the town and/or county’s standard specifications for road and drainage systems:

         (a)   Roadside ditching; and

         (b)   Curb and gutter piped systems.

      (2)   Sheet flow. Sheet flow from roadways is acceptable only where drainage discharges directly into a certified wetland area (such as at a causeway). Where freshwater wetlands are considered, the applicant’s engineer must provide drainage calculations showing runoff impact.

   (H)   Pavement/subgrade.

      (1)   The town’s standard nonindustrial asphalt pavement section is minimum two inches hot plant mix asphaltic concrete with prime coat on minimum six-inch compacted stabilized aggregate base course on prepared subgrade, in accordance with County Transportation Commission standards. A prime coat is recommended where FABC will not be paved within two weeks. Geotechnical data shall be submitted to substantiate the design of all new arterial roads, collector roads and parkways.

      (2)   The town/county standard earth roadway is identical to a town/county standard paved road, except that on earth roadways, stabilizing material shall be mixed into existing soil material for a depth of six inches. Crown should be six inches. County/town inspectors will determine if the prepared subgrade material and earth road overlay soil are acceptable.

      (3)   The town/county standard rock roadway is also identical to a county standard paved road, except that on earth roadways, the subgrade is overlaid with a minimum six inches compacted depth of stabilized aggregate base course with a two-inch crusher run aggregate wearing course. Crown should be six inches. County/town inspectors will determine if the prepared subgrade material and the rock overlay are acceptable. Instead of conducting the inspection with county/town staff, the Public Works Director shall be authorized to require independent testing and inspections at the applicant’s expenses.

      (4)   As an acceptable alternative to the town/county standard subgrade/pavement section, the developer may have a qualified independent testing laboratory/engineer determine/sample/test representative soil materials and design a base and pavement section in accordance with American State Highway and Transportation standards and to supervise the construction. County/town inspectors will test the completed subgrade prior to placement of base material and be on-site to verify proper placement of base, paving and synthetic materials.

      (5)   Coring samples will be conducted by the Public Works Department on every newly constructed road to ensure compliance with the approved construction plans. The number of samples and the location of testing sites will be selected at random by the Public Works Department.

   (I)   Wetlands. It is the responsibility of the developer to locate and to protect any wetlands (saltwater and freshwater). No development impacting any wetland area can be approved by town without prior approval by appropriate wetlands protection agencies. It is recommended that the developer contact U.S. Army Corps of Engineers permit section and DHEC-OCRM for specific wetland regulation information.

   (J)   Utilities.

      (1)   The developer shall arrange to install all necessary utilities (water, sanitary sewer, electricity, telephone, street lighting or cable TV) as part of the development, or appropriate space must be allocated for future installation.

      (2)   Placement of utilities under the roadway surface will be considered on a case-by-case basis by public works.

      (3)   Lawn sprinkler systems are acceptable only if the design and installation is authorized by encroachment permit by public works.

   (K)   Encroachments. Encroachments into existing road rights-of-way and/or drainage easement will be authorized if the following criteria are met:

      (1)   A permit authorizing the encroachment is acquired from the Public Works Department;

      (2)   The encroachment meets safety requirements;

      (3)   The encroachment does not prevent normal maintenance operations and the town/county is relieved of all damage liability resulting from maintenance;

      (4)   The encroachment will be properly maintained by the permittee; and

      (5)   The permittee agrees to temporarily or permanently relocate/remove the encroachment when requested by the Public Works Director, at no cost to the county and/or the town.

   (L)   Minimum offset of trees and shrubs from road pavement.

      (1)   Trees and shrubs shall be set back from street and road pavement in accordance with the following minimum requirements.

 

      (2)   Understory trees may be located two feet from the edge of pavement with the approval of the Planning Director and Public Works Director.

   (M)   Maintenance.

      (1)   All roads to be maintained by the town and/or county must first be constructed (or upgraded) to meet current standards of this chapter and the county’s standard specifications for road and drainage systems.

      (2)   Any subdivision required to meet the town and/or county standards, but intended to be maintained privately, must be designed to meet all current standards. With approval of the decision-making body, construction of a portion of the facilities, such as removal of trees, can be deferred until such time as the town and/or county is asked to maintain the facilities. In such situations, the developer is required to submit a maintenance plan showing specifically what work is to be accomplished, specific schedules, who is perform the work and how payment for the work will be made. The potential owners of the development, or portion of the development, must be made aware of those factors through Homeowner’s Association bylaws and/or deed restrictions. The town and/or county will not perform any maintenance services in such developments until the roadway and/or drainageways have been brought up to then-current town and/or county standards.

(Ord. 20-8, passed 12-7-2000)

   (A)   Names. No street names shall be used that will duplicate or be confused with the names of existing streets. Street names proposed by the subdivider shall be subject to approval by the decision-making body.

   (B)   Street name signs. Street name signs shall be installed by the development in accordance with the State Uniform Manual on Traffic Control Devices.

   (C)   Street lights. Street lights are encouraged within subdivisions.

(Ord. 20-8, passed 12-7-2000)

   All electrical, telephone, cable television and similar distribution lines providing service to a development site should be installed underground.

(Ord. 20-8, passed 12-7-2000)

   (A)   In accordance with State Department of Health and Environmental Control regulations, all subdivisions shall be served by approved public water and sewerage systems, if accessible for connection or, if in the opinion of the State Department of Health and Environmental Control, the public’s health and the environment would best be protected by the installation of such systems. Where public sewer is not available, all buildable lots must meet minimum soil requirements established by the State Department of Health and Environmental Control.

   (B)   The developer shall install public water lines where public water service is available within 500 feet of the property (measured along adjacent rights-of-way); provided that this requirement shall not apply when the decision-making body determines that the extension of public water service is infeasible; or that the property owner would be required to consent to annexation in order to obtain public water service.

   (C)   The developer shall install public sanitary sewer lines where public sanitary sewer service is available within 500 feet of the property (measured along adjacent rights-of-way), provided that this requirement shall not apply when the decision-making body determines that the extension of public water service is infeasible; or that the property owner would be required to consent to annexation in order to obtain public sanitary sewer service.

(Ord. 20-8, passed 12-7-2000)

   In situations where public water systems with fire hydrants are not available, developers may be required to provide dry hydrants which can utilize ponded water from lakes, ponds, streams, detention/retention basins or other sources. Dry hydrant design information may be obtained by contacting the U.S. Department of Agriculture, Natural Resources Conservation Service.

(Ord. 20-8, passed 12-7-2000)

   (A)   Applicable regulations and standards. Stormwater improvements shall meet all applicable county, state and federal regulations. Those regulations require that the stormwater system meet water quality and water quantity standards and that no property be adversely affected by the stormwater runoff from the development. In addition to the standards of this section, other applicable stormwater regulations include the following:

      (1)   Town and/or county regulations:

         (a)   Stormwater management and sediment control ordinance;

         (b)   Standard specifications for road and drainage systems; and

         (c)   County Transportation Committee’s standard specifications for roadway construction.

      (2)   State regulations:

         (a)   State Stormwater Management and Sediment Reduction Act, being S.C. Code §§ 48-14-10 et seq.; and

         (b)   State Coastal Zone Management Act, being S.C. Code §§ 48-39-10 et seq.

      (3)   Federal regulations: EPA stormwater regulations and the Clean Water Act, § 404, being 33 U.S.C. §§ 1344. Of particular interest to most developers is the requirement to obtain a permit for land disturbance.

   (B)   Wetlands. It is the responsibility of the developer to locate and to protect wetlands (saltwater and freshwater). No development affecting any wetland area can be approved by town without prior approval by appropriate wetlands protection agencies, including the U.S. Army Corps of Engineers.

   (C)   Drainage basin consideration.

      (1)   Careful consideration of the entire drainage basin must be made when designing stormwater facilities for a given development.

      (2)   Runoff quantities from any land area depend on many factors including land area, slopes, soil types, vegetation, channelization and existing development, all of which must be considered by the stormwater designer.

      (3)   Even though the development may be a minor segment of the entire basin, the designer must consider the runoff from the development itself, any upstream property whose runoff enters the development and also any downstream property may be affected by the runoff from the development.

      (4)   Runoff from upstream properties can be determined by the existing conditions. Any future development/redevelopment of those properties will be addressed at the time that development/ redevelopment occurs. Runoff onto downstream properties include the total runoff quantity from the development including any runoff from upstream properties.

   (D)   Stormwater runoff.

      (1)   Stormwater runoff quantities are determined primarily by the amount of rain that falls during any rainfall event. For the purposes of design, the design storm shall be the ten-year, 24-hour rainfall event, SCS Type III distribution and a rainfall intensity of 6.8” in a 24-hour period. For existing channels passing through the development from upstream, the design storm is a 25-year, 24-hour rainfall event, SCS Type III distribution and a rainfall intensity of 8.0” in a 24-hour period.

      (2)   Unless special detention facilities are provided, developers are required to provide facilities designed for peak rate flow. That is, the pipe channels must be large enough to handle the maximum rate of flow so that there is no overflow at any time.

      (3)   Developers shall provide stormwater detention facilities in accordance with all application federal, state and county regulations. The rate of flow shall equal pre-development rates.

   (E)   Types of drainageways. The following types of drainageways shall be allowed:

      (1)   Pipe structures. Pipe structures may be round, rectangular or oval. Pipe material shall be appropriate for the situation and comply with the County Transportation Commission standard specifications and the town’s standard specifications for road and drainage systems.

      (2)   Earth channels. Earth channels are usually trapezoidal shaped, must be 2:1 minimum side slopes. All disturbed areas shall be vegetated.

      (3)   Swales. Swales must be 5:1 minimum slope, with all disturbed areas vegetated.

      (4)   Lined channels. Channels shall be lined with rock or other approved material.

      (5)   Sheet flow. Sheet flow shall be acceptable only where routine maintenance is not required, such as discharge into a designated wetland area.

   (F)   Drainage easements.

      (1)   All new developments shall have adequate drainage outfalls. Drainage easements must be dedicated to use of the public, if maintenance will be conducted by a public agency or private entity, such as an approved Homeowner’s Association.

      (2)   One purpose of required drainage easements is to allow access to drainage facilities by maintenance crews and equipment. The width and length of the easements must be of sufficient dimension to allow space for appropriate construction personnel and equipment to maneuver and to inspect, mow, regrade, reshape and clean out the drainage easement. Although the land area designated as easement is the property of the landowner, the landowner may not use it in any way that adversely impacts or restricts access or maintenance by the maintenance entity.

      (3)   In situations where the developer is required to provide drainage easements, but is not required to construct the drainageway (such as when a tract already having road frontage is subdivided), the easement area provided shall:

         (a)   Be of sufficient width to allow future construction of the drainageway (a dedication of a temporary construction easement in addition to the permanent drainage easement is acceptable and may be required);

         (b)   Be of sufficient width to provide a channel with bottom width to carry the stormwater (three-foot minimum), 2:1 side slopes, plus 20-foot shoulder on one side, plus five-foot shoulder on the other side (both sides must have 20-foot shoulders where top bank to top bank channel width exceeds 15 feet);

         (c)   Be free of obstructions (including trees) that would prevent the construction or maintenance of the drainageway with heavy equipment; and

         (d)   Be located so that there is continuity with the drainageway/existing drainage easements upstream and downstream. While it is not required that the easement be located on or adjacent to a property, that method is preferred since maintenance activities can be disruptive and somewhat unsightly.

   (G)   Drainage rights-of-way. Drainage rights-of-way are similar to street rights-of-way. The land area is not included in any tax lot and the developer/lot owner does not pay taxes on the designated area nor do they have any rights to use the land except as approved by the town and/or county. The developer designs and constructs drainage facilities within the designated area just as or he or she would normally do within a drainage easement area.

   (H)   Obstacles in drainageways. Existing obstacles (including trees, buildings, utility poles or transformer structures, items of historical significance) immediately adjacent to drainageways may be left in place provided that all of the following criteria are met:

      (1)   The drainage system or the obstacle cannot be feasiblely relocated;

      (2)   Adequate and safe easement space for maintenance by motorized equipment is provided;

      (3)   The drainage is not obstructed; and

      (4)   Drainage easement width is increased to accommodate obstructions.

   (I)   Detention storage. Detention is the temporary holding back of stormwater and releasing it at a controlled rate. The entity responsible for maintaining detention basins shall be identified at the time of preliminary plat.

   (J)   Dry basin. An excavated area, within the stormwater system, that is relatively dry at all times excepting during and immediately after a rainfall event. All slopes must be gentle (maximum 3:1) with vegetation cover for erosion control. Publicly dedicated basins shall not be used as a picnic or recreation area. Trees may be located within the basin except where the location would interfere with pond maintenance. Concrete or other lining is acceptable. The basin and outlets must be properly designed to meet computed quantity requirements. An emergency overflow spillway must be provided. Private parking lots, for example, may be designed to function in this capacity upon acknowledgment from the design engineer and applicant that flooding will occur.

   (K)   Wet basin (pond). Extending the detention basin down to groundwater level will provide maximum detention storage. The pond must be excavated to provide a minimum pond depth of six feet at time of lowest groundwater elevation (drought conditions); be populated by fish to ensure mosquito control; and meet all requirements of SCDHEC-Division of Mining and Solid Waste Permitting. The developer shall be liable for any claims resulting from ponded water, even if the town and/or county accepts the developer’s design.

   (L)   Soil information. Considerable information regarding town soils is available in a manual entitled Soil Survey of Charleston County, South Carolina prepared by the Soil Conservation Service (now called the Natural Resources Conservation Service), U.S. Department of Agriculture, current edition.

   (M)   Soil erosion control. Considerable information regarding soil erosion control is available in a manual entitled Erosion and Sediment Control Practices for Developing Areas prepared by the State Land Resources Conservation Commission. A certain acreage of land disturbing activities must be approved by the State Land Resource Commission.

   (N)   Maintenance.

      (1)   All developments whose streets and drainageways are maintained by the town and/or county must first be constructed (or upgraded) to meet the current standards outlined in this guideline.

      (2)   Any development required to meet town standards but intended to be maintained privately must be designed to meet all standards outlined in this guideline and further described in the county’s standard specifications for road and drainage systems. With approval of the decision-making body, construction of a portion of the facilities, such as removal of trees, can be deferred until such time as the town and/or county is asked to maintain the facilities. In all such situations, the developer is required to submit a maintenance plan showing specifically what work is to be accomplished, schedules, who is to accomplish that work and how payment for that work will be made. The potential owners of the development or portion of the development must be made aware of those factors through Homeowner’s Association bylaws and/or deed restrictions. The town and/or county will not perform any maintenance services until the roadway and/or drainageways have been brought up to current standards by others.

(Ord. 20-8, passed 12-7-2000)

   (A)   Bridges.

      (1)   All bridges intended for public use shall comply with the most recent edition of the American Association of Highway and Transportation Officials’ Standard Specifications for Highway Bridges. All new bridges and pilings intended for maintenance by the town and/or county shall be constructed of reinforced concrete and shall comply with the county’s standard specifications for road and drainage systems.

      (2)   Minimum bridge widths from curb face to curb face shall be the total of the lane widths approaching the bridge plus one foot.

   (B)   Causeways. Streets or roads may be constructed on causeways provided that:

      (1)   The roadway meets all other applicable regulations;

      (2)   The street centerline elevation at finish grade be minimum six and one-half feet above mean sea level;

      (3)   The side slopes (vegetated earth) be minimum 2:1. Steeper slopes may be used where acceptable stabilization material such as concrete cribbage is provided; and

      (4)   Shoulder width shall be six feet in width with a guiderail or nine feet in width without a guiderail.

(Ord. 20-8, passed 12-7-2000)

   (A)   Placement. A marker shall be set on the right-of-way line at the ends of the block for every block length of street. When blocks occur that have a curve or curves in them, markers shall be set on both sides of the street at the ends of tangents. Markers shall also be set on right-of-way line (on each side of the centerline) at angle points when curves are not used. All interior lot corners shall be marked.

The location and type of markers used shall be indicated on the final plat.

   (B)   Type. Markers shall be one of the following types.

      (1)   A reinforced concrete marker with a brass or copper pin in the top. Concrete markers shall be a minimum of three feet long and have a minimum cross sectional area of nine square inches. They shall protrude above the ground not less than two inches and not more than six inches.

      (2)   An iron pipe or pins having a minimum diameter of three-fourths inches hollow or one-half inches solid steel. Such iron pins will be a minimum of two feet in length and shall extend above the ground at least one inch.

   (C)   Timing. Markers shall be installed prior to the submission of and approval of the final plat.

(Ord. 20-8, passed 12-7-2000)

   (A)   In lieu of completing the required subdivision improvements of this chapter, a financial guarantee in the form of a no-contest, irrevocable bank letter of credit, or performance and payment bond underwritten by an acceptable state licensed corporate surety, or a cashier’s check may be accepted by the decision-making body, subject to County Attorney approval of the guarantee to determine that the interests of town are fully protected. Where a cashier’s check is utilized, opinion of counsel may be waived.

   (B)   The amount of the financial guarantee shall be determined by the appropriate governmental body that exercises operational control. (Commissioners of public works for public water, commissioners of the appropriate public service districts for street name signs and public sewer, and the Public Works Director for all other improvements covered in this chapter.) The amount shall be sufficient to guarantee completion of the required improvement (125% of the actual cost of the improvement with a minimum of $2,000) within a time period specified by the government agency, not to exceed two years. The governmental agency determining the amount of financial guarantee shall provide a letter to the Planning Commission (copy to the subdivider) setting forth the amount of bond, conditions of acceptance and the period covered. The Planning Commission staff will inform all interested governmental agencies, particularly the town and/or County Building Inspection Department.

   (C)   Developers making use of performance guarantees shall be required to post required maintenance guarantees at the time that the performance guarantee is posted.

   (D)   Upon completion of the improvements as required by this section, written notice thereof shall be given by the subdivider to the bond holder, who shall cause an inspection of the improvements to be made. The bond holder will, within 30 days of the date of notice, authorize in writing the release of the security given; provided improvements have been completed in accordance with the required specifications. Should the improvements not be completed in accordance with the required specifications by the date originally stipulated in writing by the bond holder, the funds derived from said bond or cashier’s check will be used by the bond holder to complete the improvements according to required specifications, at the earliest reasonable time. Where it appears that the bond was insufficient to finance the required improvements after the subdivider has defaulted, the Town Council and\or County Council will assess the individual subdivider the cost of the improvements over and above the surety amount.

   (E)   In no instance will the bond holder be authorized to extend for the subdivider the completion date originally stipulated.

   (F)   Pro-rated refunds based on a percentage of overall completion shall not be authorized, with the exception of an irrevocable bank letter of credit.

   (G)   The decision-making body shall review and approve or reject each acceptance of surety in lieu of completion of improvements. In making its determination, the decision-making shall give due consideration to the commitments made by the subdivider to individual purchasers.

   (H)   In lieu of completed subdivision improvements, the decision-making body may accept the written guarantee of a governmental body to complete required improvements within 90 days of the date of such acceptance by Town Council and/or County Council.

   (I)   The acceptance of performance bonds or a cashier’s check in lieu of completed performance is made possible only by the introduction of effective occupancy control. This control will be coordinated with final approvals so as to ensure that all conditions covered by one or more bonds are completely fulfilled, except as specified in the town’s and/or county Building Code, before an occupancy permit can be issued by the town and/or county Building Inspection Department.

(Ord. 20-8, passed 12-7-2000)

   Street and stormwater management/drainage systems that are to be dedicated to the town and/or county for public maintenance shall be under warranty for all defects and failures for a period of three years. Prior to final plat approval, the developer shall provide written verification of financial responsibility for the correction of any defects and/or failures in those related improvements that will be dedicated to the town and/or county. The warranty (minimum 10% of the construction costs) shall be in a form satisfactory to the Public Works Director and effective for a period of two years after recording of the final plat. The Public Works Department shall maintain surveillance over the system and provide written notification to the developer if repair work is required during the warranty period. The Public Works Department shall identify defects not considered to be public safety and notify the developer of such defects. The developer shall then have 30 days to prepare a schedule of corrective actions and begin such corrective actions. If not complete with the approved schedule, the Public Works Department shall make the repairs and bill the bonding company. Public safety defects shall be addressed immediately by the Public Works Department, with reimbursement from the bonding company.

(Ord. 20-8, passed 12-7-2000)