Editor's note— Ord. No. 2024/32, adopted September 9, 2024, amended Div. 6.3 in its entirety to read as herein set out. Former Div. 6.3 pertained to the same subject matter, consisted of §§ 6.3.10—6.3.60, and derived from the original codification.

State law defines subdivisions as land development that divides a tract or parcel of land into two or more lots, building sites, or other divisions. This Article provides the standards by which subdivisions will be reviewed. Adherence to the provisions of this Article ensures new subdivisions are consistent with the County's Comprehensive Plan and community oriented character to:

A.

Create Neighborhood or Community. The subdivision plat contributes to the creation of a neighborhood or community rather than the development of an isolated project.

B.

Enhance Character and Quality. The subdivision plat preserves or enhances the character and the quality of the County and its neighborhoods.

C.

Create Safe Roads and Pedestrian Systems. The street, road, and pedestrian system is created in a manner that is safe and provides the best overall layout for the community, as well as the individual development.

D.

Ensure Plats Conform to County Public Improvement Plans. Subdivision plats conform to public improvement plans of the County, such as the proper provision of open space for recreation and other public use, and the convenient and proper location of sites for future schools, other public buildings, community facilities, and shopping and industrial areas.

E.

Ensure Adequate Public Facilities to Serve Development. Adequate water, sewer, roads, stormwater systems, and other utilities are provided to serve the development without adversely impacting other portions of the system or adjoining properties.

F.

Ensure Developments are Functional and Internally Safe. Proposed developments are functional and internally safe to the greatest degree possible and without adverse impact on the environment and adjoining properties.

G.

Ensure All Requirements of Development Code Met. All requirements of this Development Code have been met.

H.

Process Plats Equitably and Uniformly in Accordance with Development Code. All subdivision plats are processed equitably according to the uniform procedures and standards delineated in this Development Code.

Unless exempted by Subsection 7.2.70.D (Exemptions), the standards in this Section shall be minimum standards that apply to all subdivisions of land in the County.

There are three types of subdivisions allowed under this Development Code:

A.

Minor Subdivision. Minor subdivisions are land developments that consist of subdividing a tract or parcel of land into four lots or less, provided the subject land has not been previously subdivided within five years. Minor subdivisions shall comply with the procedures in Subsection 7.2.70.E, (Minor Subdivision Plat Procedure), the standards in this Article, and all other relevant provisions of this Development Code.

B.

Major Subdivision. Major subdivisions are land developments that consist of subdividing a tract or parcel of land into five or more lots. Major subdivisions shall comply with the procedures in Subsection 7.2.70.F (Major and Commercial Subdivision Plat Procedure), the standards in this Article, and all other relevant provisions of this Development Code.

C.

Commercial Subdivision. Commercial subdivisions are land developments that include master planning and subdividing into two or more lots any commercial, industrial, or multi-family tract or parcel of land. Commercial subdivisions shall comply with the procedures in Subsection 7.2.70.F (Major and Commercial Subdivision Plat Procedure), the standards in this Article, and all other relevant provisions of this Development Code. This type of subdivision includes all of the following:

1.

Separate ownership of lots, coupled with undivided interest in common property;

2.

Restrictive land use covenants or easements that govern use of both the common area and separate ownership interests; and

3.

Management of common property and enforcement of restrictions by a property owners' association.

(Ord. No. 2019/05, 1-28-19)

A.

General. Applications for subdivisions shall be reviewed and evaluated in accordance with the procedures of Section 7.2.70 (Subdivision), and the standards of this Article.

B.

Subdivision Design. Block and lot layout shall meet the standards established in Article 2 (Multi-Lot and Single Lot Community Scale Development).

C.

Civic and Open Spaces. Civic and open spaces shall meet the standards established in Division 2.8 (Civic and Open Space Types).

D.

Streets. New streets shall meet the standards established in Division 2.9 (Thoroughfare Standards).

E.

Modulation Standards. The applicant may request a modulation of some standards, see Section 7.2.30 (Modulation Permit), where appropriate to achieve better design that is consistent with the objectives of this Development Code, as long as the modulation is compatible with surrounding development, does not have an adverse impact on protected resources, and is generally consistent with the goals of this Development Code.

F.

Density and Lot Size. Maximum gross density and minimum/maximum lot size shall meet the standards established in Article 3 (Specific to Zones). Maximum gross density for a site shall be calculated using the Base Site Area.

G.

The Base Site Area shall be determined as follows:

Gross site area as determined by actual survey:

Minus Land separated by a road or utility right-of-way

Minus Land separated by water and/or marsh

Minus Land within existing roads' ultimate rights-of-way

Minus Existing natural water bodies on the property, jurisdictional and non-jurisdictional wetlands, and land/tidal wetlands seaward of the OCRM critical line

Minus Land previously dedicated as open space

Equals = Base site Area

(Ord. No. 2022/29, 6-13-22)

All subdivision improvements shall meet the standards of this Article. To ensure all required improvements are completed, all subdivisions shall be required to provide adequate surety for roads, utilities, stormwater management systems, landscaping, open space, and other infrastructures and improvements shown on the final plat.

Easements may be required for any of the following purposes: drainage, utilities, access to utilities or drainage areas, and open space. Easements shall comply with the following:

A.

Location. Easements shall be located in street rights-of-way, alleys, open space areas, or side or rear yards of lots. Where located on individual lots, the minimum lot size may include the easement.

B.

Width. Utility easements shall be a minimum of ten feet wide. Easements that fall on shared side or rear lot lines shall be divided equally, requiring five feet from each lot. Access easements shall meet the standards of Division 2.9 (Thoroughfare Standards) for a comparable roadway.

C.

Drainage Easements. Drainage easements shall be placed on lots to convey surface water to storm sewers located on the street or in open spaces. Drainage easements shall be designed to use natural channels or sheet flow to the maximum extent practical. Surface drainage patterns shall be protected by easements or open space.

D.

Protection of Natural and Historic/Archaeological Resources. Where subdivisions contain areas of natural and/or historic or archaeological resources, all utilities, if deemed safe, shall be placed within the street rights-of-way and/or under the streets in order to avoid additional destruction of the resource.

(Ord. No. 2015/32, § 1, 11-9-15)

A.

General. The provisions of this Development Code are not intended to replace any deed restriction, covenant, easement, or any other private agreement on the use of land. All such restrictions shall be enforced by parties to the restriction.

B.

Private Restrictions Required by Development Code. Private restrictions established to comply with the requirements of this Development Code shall be reviewed by the Director. The County shall only enforce provisions that are required by this Development Code, or as required by state law.

C.

Protection of Open Space Set-Asides, Protected Resources, and Common Areas. Private restrictions shall ensure that open space set-asides, protected resources, and long-term maintenance and ownership of common areas, private roads and drainage systems are provided in accordance with this Development Code.

A.

A master development plan for the commercial subdivision, which shall show buildout of the project, including proposed lots and outparcels, shall be submitted for Conceptual Development Plan review and approval by the Director. The master development plan shall be accompanied by a traffic impact analysis (TIA) in accordance with Division 6.3 and include a master signage plan depicting signage to be used by the owners of lots in the commercial subdivision.

B.

Commercial subdivisions shall be subject to restrictive land use covenants or easements, which provide for the installation, maintenance, and shared use of infrastructure and common areas among the lots depicted in a commercial subdivision master development plan. Such restrictive covenants or easements shall provide for shared access, ingress, egress, parking, common area ownership and maintenance, utility and stormwater infrastructure, signage in accordance with the master signage plan and landscaping among the lots in the commercial subdivision. Said restrictive land use covenants or easements shall comply with the Community Development Code and shall be recorded concurrent with the sale or transfer of any lot within the commercial subdivision.

C.

Except for outparcels, individual lots within a commercial subdivision are exempt from the open space standards in Section 2.8.50; the density, lot and building intensity standards within the applicable zoning district in Article 3; the perimeter buffer standards in Section 5.8.90; the resource protection standards in Division 5.11, except for tree protection and removal; and the parking standards in Division 5.5. The intent being that the commercial development will meet these standards as a whole during review of the master development plan, and that subsequent to subdivision, the lots depicted in the master development plan for a commercial subdivision shall be used and shall operate together as a single master planned development.

D.

Amendments to the commercial subdivision, including but not limited to the size, dimension and number of lots depicted therein, shall be approved by the Director.

E.

The original developer of a commercial subdivision may or may not actually develop the entire project to completion. As a special exception to the subdivision process outlined in this Article, the developer of a commercial subdivision may sell or transfer ownership of lots within the commercial subdivision in accordance with the following procedures and provisions:

1.

Prior to the sale or transfer of lots, the developer shall build any necessary off-site improvements for the development, including those identified in the traffic impact analysis (TIA), water/sewer extensions to the site, etc., or the developer may elect to provide surety in the amount of 125% of the cost estimates for such improvements in accordance with Section 6.2.60 (Performance Guarantee).

2.

Property covenants and restrictions (see subsection B above), must accompany the sale or transfer of any lot within the commercial subdivision restricting the new owner to the development shown on the approved master development plan;

3.

The developer shall submit to the Director a sworn affidavit from the prospective purchaser of a lot wherein the purchaser waives his or her right to the guarantee of the installation of required improvements afforded through this Article for the subdivision of land, and further states that he or she understands that a final development plan application must be submitted and approved, and a development permit issued by the County in accordance with the procedures in Section 7.2.60.E prior to commencement of any development on the lot;

4.

The developer shall submit a plat for certification for recording to the Director and subsequently record such plat prior to sale or transfer of any lot in the commercial subdivision.

It is the purpose and intent of this Division to promote the general health, safety and welfare by regulating the subdivision and development of land to ensure that necessary improvements are provided.

All proposed land developments (major and minor) and subdivisions (major and minor) shall conform to the standards in this Division unless expressly exempt.

A.

Legal Access

1.

While it is the intent of this Development Code that all property proposed for development be provided adequate and legal access to public thoroughfares, it is recognized that in some instances legal right of access may not be clearly established at the time of proposed development activity.

2.

For development not involving the sale of lots or residential units, the concern over legal access is not as great, except that such proposed development may impact other property across which access to the development depends.

3.

The County, however, has determined it is essential that subdivision development involving the sale of lots or dwelling units have legal access to a public thoroughfare to avoid potential litigation involving unsuspecting consumers.

4.

All applicants requesting the development of property not immediately contiguous to deeded public rights-of-way shall submit copies of recorded deeds, plats, and easements clearly documenting access to the development property, or in the absence of such recorded documents, evidence that reasonable effort has been made to acquire the necessary easements for access from property owners whose lands can be used to access a public thoroughfare.

5.

Disclosure or notice where access not established

a.

Development involving the sale of lots where access cannot be documented in accordance with the provisions of Subsection 6.2.30.A.4, above, and consequently cannot clearly meet this requirement, shall include on the face of recorded plats and surveys and in the body of associated deeds, master deeds, covenants and restrictions the following disclosure statement: "It has been determined by Beaufort County that access to all lots or units contained in this development are not clearly and legally established or defined at the time of approval of this development for construction and sale of lots or units to the general public."

b.

For development not involving the sale of lots or units which cannot meet the provisions of Subsection 6.2.30.A.4, above, the staff shall send notice of development intent by certified mail to all affected property owners whose land over which access to the proposed development property is dependent at least 14 days in advance of scheduled project review.

6.

All applications shall be reviewed for physical adequacy of access. The application may be denied where access is inadequate for emergency vehicles or users may experience unwarranted inconvenience.

7.

Upon determining reasonable access to adjoining property would be seriously affected by a proposed development design, the County shall notify the adjacent property owner, by registered mail, of the findings and recommend that the property owner take whatever action is deemed necessary. (This is merely for the purpose of notifying an adjacent property owner and in no way affects existing laws regarding access to properties by right of necessity.)

B.

Temporary Access.

1.

No developer shall be denied a subdivision, land development plan, or certificate of zoning compliance approval for the sole reason that a parcel of record existing on December 8, 2014 cannot comply with the permanent access standards of this Section, provided the subdivision or land development plan complies with all other requirements of this Code.

2.

In cases where permanent access is unavailable, temporary access may be granted which automatically expires when permanent access to the property is available in accordance with this Section. The property owner shall bear the cost of closing the temporary access and connecting to the permanent access.

C.

Standards for Restricted Access Developments. If an applicant proposes a development that prohibits general public access, the development shall comply with the following:

1.

No local residential street in the development shall have a peak hour volume of greater than 240 trips, and the development shall be designed to ensure this volume cannot be exceeded.

2.

The County Attorney, assisted by other County departments, shall determine if there are any water access areas on the development site that are subject to prescriptive right of use. If the County Attorney issues an opinion that there is a prescriptive right of access and the applicant refuses to acknowledge the prescriptive easement, no permit approval for the development shall be issued until a final order resolving such question is entered by an appropriate court, or the developer posts a bond which, in the opinion of the court, protects the potential prescriptive users.

3.

Public access to existing cemeteries shall be ensured. See Section 5.10.80 (Access to Cemeteries on Private Property).

4.

Any road(s) identified by the County in a transportation or circulation plan as providing transportation to, through, or into an area affecting multiple landowners shall be established as a public road.

5.

An analysis of the potential effects from the restricted access on future road capacities in the vicinity of the project shall be evaluated as part of the TIA (see Division 6.3), and mitigated, if appropriate.

A.

Minimum Service Requirements. The developer shall be responsible for provision of the following minimum service, where applicable. This requirement does not in any way obligate the County Council or any County departments to provide these services.

1.

Potable Water for Domestic Needs. Potable water supply of sufficient quantity to satisfy domestic needs;

2.

Water for Commercial and Industrial Demand. Water supply of acceptable quality and sufficient quantity to satisfy commercial and industrial demand;

3.

Sewage. Means for treatment and disposal of domestic sewage and other liquid waste;

4.

Solid Wastes. Means for collection and disposal of solid wastes;

5.

Vehicular Access to Streets. Vehicular access to existing streets and thoroughfares;

6.

Paving of Driveways. The paving of all driveways, from the property line to the edge of the street or road pavement (except to private dirt roads);

7.

Power Supply. Power supply, normally electricity; and

8.

Water for Fire Protection. Water supply for fire protection (see Subsection 6.2.40.C.2, below).

B.

Sewer Standards.

1.

Public Sewer Systems. All public sewers shall be installed to the specifications of the water and sewer agency providing that service. The plans for such service shall be approved in writing to the County prior to final plat or development plan approval. A letter accepting the facilities as properly installed shall be submitted to the County prior to the release of surety or the issuance of a Certificate of Occupancy.

2.

On-Site Systems. All on-site systems shall be permitted by DHEC prior to final plat or development plan approval, with locations being identified on the final plat or plan. All septic permits shall be submitted with the application for final approval.

3.

Public Sewer Systems in T1 and T2 Zones. Public sewer extensions into T1 or T2 zones shall only be permitted when a documented health condition warrants such expansion, and not merely to accommodate new development. New development in T1 and T2 zones may access existing wastewater trunk lines if such lines are located within 300 feet of the development and serviced the area as of 1999.

4.

Remote Septic Drain Fields. Remote (off-site) septic drain fields shall not be permitted for new subdivisions.

C.

Water Standards.

1.

Water Supply for Public Use. All public water systems shall be installed to the specifications of the water and sewer agency providing that service. The plans for such service shall be approved in writing to the County prior to final plat or development plan approval. A letter from the water and sewer agency accepting the facilities as properly installed shall be submitted to the County prior to the release of surety or the issuance of a Certificate of Occupancy.

2.

Water Supply for Fire Protection. All new development serviced by a public or quasi-public water system and approved by DHEC shall provide firefighting capability through the provision and placement of fire hydrants and adequate pressure flow. The location and spacing of hydrants shall be as follows:

a.

Subdivisions. Fire hydrants shall be required for all subdivision of property except single-family subdivisions of four lots or less (minor subdivisions). Hydrants shall be placed along streets and roads at intervals not to exceed 1,000 feet. In no case shall the nearest property line of a subdivided lot exceed 500 feet from a fire hydrant.

b.

Buildings. All properties where buildings or portions of buildings, other than one or two-family dwellings, are located more than 150 feet from a public or quasi-public water main shall be provided with approved fire hydrants connected to a water system capable of supplying the required fire flow, unless the fire district has approved an alternate fire protection plan. The location and number of such on-site hydrants shall be as designed by the Fire Official with the minimum arrangement being a hydrant available within 300 feet of the building, and allow for distribution of hoses to any portion of any building on the property at distances not exceeding 500 feet.

c.

Exemption. Commercial buildings in existence prior to December 8, 2014 shall not be required to meet fire safety standards for approved changes that do not involve or affect the structures.

d.

Private Water Systems. Private water systems shall be designed to handle fire flow in the subdivision they serve by water mains or an approved alternative system. The required fire flow shall be established according to the 2006 International Fire Code Table B105.1 or its most current update.

e.

Fire Protection Options. In providing fire protection for the development, the developer shall have one of the following three options:

(1)

Tying into an existing public or quasi-public water system capable of providing required fire flow;

(2)

Installing an approved alternate system, as listed in the National Fire Prevention Code, and installed according to code; or

(3)

Presenting an approved engineering system designed to meet the required fire flow.

3.

Alternative Water Supply. An alternative method of water supply for fire protection can be utilized if it is approved by the local fire district. The alternative method shall provide a degree of fire protection that is at least equivalent to that required by the adopted codes. In T2 Zones that have no suitable public or quasi-public water system available, water supply for fire protection shall be provided that complies with National Fire Protection Association 1142 or its most current update as a viable alternative method of providing the required fire flow.

4.

Other Conditions for Water Supply. If required water supply will not be contrary to the public interest and where, owing to conditions peculiar to the property and not resulting from any action on the part of the property owner, an enforcement of this standard would result in an unusual and undue hardship, the local fire district may approve alternate protection systems.

5.

On-site Systems. All on-site potable water systems (wells) shall be permitted by DHEC prior to final plat or development plan approval, with locations being identified on the final plat or plan. All well permits shall be submitted with the application for final approval.

D.

Fire Safety Standards.

1.

Compliance with Other Laws and Codes. The fire safety standards prescribed in this Section shall be in accordance with the 2012 International Fire Code, as amended; with other life, fire, building and safety codes that are adopted by the county and the state; and shall apply to all development. The local fire district shall review all new development for compliance with fire and life safety standards of the county.

2.

Review. All proposed land development plans or subdivisions, whichever occur first, shall be reviewed by the local fire district having jurisdiction in accordance with this Section. Prior to approval, the local fire district shall make written recommendations indicating approval of the design as submitted, or delineating needed design changes consistent with fire and life safety standards and practices.

3.

Inspection. The local fire district shall inspect the completed development site for compliance with the approved plans and submit findings to the Director prior to issuance of a Certificate of Compliance for the development.

4.

Building Height Restriction. Except for single-family and two-family dwellings, all development that exceed 35 feet in height or exceeds a total fire flow demand of 3,500 gallons per minute (gpm), as referenced in the Insurance Service Organization (ISO) requirements for specialized equipment, must have adjustments to plans approved by the Fire District Fire Chief and the Building Official and, as necessary, reach financial arrangements acceptable to the Fire District and County Council that provide assistance in purchasing the appropriate firefighting apparatus or equipment. This standard shall be applied to the Fire Management Plan as defined for each fire district.

5.

Emergency Vehicular Access. No development shall be constructed in any manner so as to obstruct emergency vehicle access to the development or associated buildings and structures. To ensure that access will not be impaired in any emergency situation, attention should be given to the design and layout of such features as signs, fences, walls, street intersections and curves, parking lots, sidewalks, ditches, lagoons, recreational amenities, landscaping, alleys and maintenance of roads. Where buildings are over 20,000 square feet in area or over 35 feet in height, or a wall is more than 300 feet from a fire hydrant, special all-weather fire access may be required to meet the local fire district's approval.

6.

Combustibles. Except for minor subdivisions, the landowner shall request a determination from the local fire district as to whether quantities of potential materials are hazardous prior to bringing any combustibles to a site. The fire district shall notify the County if the site requires a temporary or permanent water supply prior to the start of construction, and whether adequate access is provided.

7.

Gate Access. The installation of gates across fire apparatus access roads must be approved by the Director. All developments that utilize electronic vehicular access gates shall install an emergency gate opener approved by the Fire District Fire Chief. The owner of the property shall be responsible for all costs associated with the purchase, installation, and maintenance of this system.

E.

General Utility Standards.

1.

Compliance Required. All proposed development shall conform with all applicable standards, regulations, specifications, and permitting procedures established by any duly authorized governmental body or its authorized agents for the purpose of regulating utilities and services. It shall be the responsibility of the developer to show that the development is in conformance with all standards, regulations, specifications, and permitting procedures.

2.

Utility Easements. All proposed development shall provide adequate easements to accommodate all required or planned utilities and drainage. The developer shall also demonstrate that adequate provisions have been made for access to and maintenance of all easements.

3.

Installation. All electrical, cable, telephone, and gas utility lines in a development shall be installed according to plans and specifications approved by the respective utility companies providing such service. In addition, all such utility lines shall be installed underground, unless it is determined that a modulation to allow for overhead facilities is warranted due to exigencies of construction, undue and unreasonable hardship, or other conditions related to the development. Request and justification must be presented to the Director by the respective utility company prior to final subdivision plat or land development plan approval.

A.

Certificate of Compliance. All subdivision plats and land development plans shall include a Certificate of Compliance, signed by the County Engineer, setting forth that the development complies with the standards set forth in this Division and all conditions of approval.

B.

Survey Requirements.

1.

Generally. Survey requirements for subdivisions specified in this Division are only for control survey connections between geodetic survey monuments and land parcels. Boundary surveys shall be performed, in accordance with the state minimum standards published by the State Board of Registration for Professional Engineers and Land Surveyors unless more stringent requirements are specified. Insofar as possible, control surveys between geodetic monuments and property boundaries shall be extended from the nearest geodetic monument. County specifications for horizontal control are as provided in this Section.

2.

Survey Ties to Geodetic Control Monuments. All subdivision and land development exceeding ten acres shall tie control of the survey to geodetic control monuments, as follows:

a.

State plane coordinates will be shown on the plan/plat, for at least two property corners. The geodetic monuments used for control will be shown on the plan/plat, with the grid distance and azimuth to the coordinated property corners shown.

b.

Horizontal ground distances (not grid distances) will be shown on the plan/plat for all segments of the boundary survey. A combined state plane coordinated, sea level reduction factor will be noted on the plan/plat. Area will be based on horizontal ground distances.

c.

All bearings will be referenced to state plane coordinate grid north.

d.

Surveyors shall tie all surveys, whenever possible, to the state plane coordinate system. With the exception of closing/loan or mortgage surveys in existing subdivisions, all surveys not tied to geodetic control shall have two locator ties. A locator tie is defined as: a bearing and distance tie from a property corner to the nearest tie point; intersections of a street or right-of-way; and/or property corners on adjoining properties used in the establishment or verification of property corners.

e.

All locator tie points must be described on the plan/plat, with data given to show their location and type. The tie line shall be shown between the locator tie point and the property corner, with its bearing and distance, to an accuracy consistent with the class of survey.

3.

Terrestrial Surveys. Standards for terrestrial surveys are as follows:

a.

If control is extended no more than one-half mile from control monument to property boundary, third-order class I (1/10,000) specifications shall be followed.

b.

If control is extended more than one-half mile from the control monument to the property boundary, second-order class II (1/20,000) specifications shall be followed.

4.

Global Positioning System (GPS) Surveys. If GPS is used, procedures shall be followed to ensure compatibility with the nearest geodetic control monuments to the accuracy specified under Subsections 6.2.50.B.1 and B.2 above or two-tenths foot, whichever is the most stringent.

5.

Electronic Copy. All subdivisions shall be required to submit a final electronic copy of the subdivision plat.

6.

Monuments and Markers. Standards for monuments and markers are as follows:

a.

All property corners shall be identified with a concrete or iron rod monument. For horizontal control and to reestablish lost monuments, concrete control monuments shall be placed on each corner of the property boundary.

b.

To establish vertical control for use with setting finished floor elevations, construction of drainage systems, and benchmark monuments referenced to NGVD 1929, shall be located a minimum of one every four acres, and reference elevations shall be placed on the plan or plat.

C.

Mapping Criteria for Natural or Manmade Features. For subdivisions and land developments, mapping criteria for natural or manmade features are as follows:

1.

Streams. Streams (perennial, intermittent, mapped, and unmapped) with identifiable banks and beds shall have their boundaries set at the top of the bank.

2.

Watercourses/Waterbodies. Initial identification of the watercourses/water bodies shall be made using the U.S. Geological Survey quadrangle maps or more accurate information, as available. Field survey verification to determine evidence and location of channelized flow is required for conceptual subdivision plats and land development plans. Vegetation shall be measured by the canopy line for the determination of areas of forest, woodlands, or trees. Other vegetation types shall be measured from the middle of the vegetation transition. Wetlands shall be measured by USACE criteria.

3.

Measurements for the boundary are to be made horizontally, perpendicular from or radial from any feature or point.

4.

Boundaries that are dependent on elevation shall be based on site elevations and shall not be interpolated.

5.

Topographic lines shall be at one-foot intervals. Where slopes exceed 25 percent, two-foot contour intervals are permitted. Five-foot intervals are permitted for slopes in excess of 50 percent.

6.

The width of existing impervious area such as roadways, parking lots, structures, sidewalks, etc., shall not count towards the area of any natural resource.

D.

Drainage Plan Requirements. A master drainage plan, complying with the latest version of the County's Manual for Stormwater Best Management and Design Practices (BMP), for a subdivision or land development plan showing all existing and proposed features shall be included in the construction plans.

A.

Applicability. All improvements required by this Development Code for roads, water, sewer, drainage, and detention, as well as other improvements such as lighting, landscaping, and bufferyards, shall be installed prior to obtaining a Certificate of Compliance or recording a plat. A developer may also submit surety.

B.

Cost Estimates and Surety. If surety is offered in accordance with this Development Code, the developer's engineer shall submit a cost estimate for road, sidewalks, water, sewer, storm drainage, detention, lighting, and any off-site improvements. The designers of the landscaping, buffers, and/or other improvements shall submit cost estimates. Valid bids from contractors may be substituted for cost estimates. The staff shall review all cost estimates to ensure they are reasonable. A surety shall be required in the amount of 125 percent of the cost estimates. Surety shall be valid until released by the Director.

C.

Form of Surety. Surety required under this Development Code shall be cash, an irrevocable letter of credit approved by the County Attorney, or other such equivalent surety.

D.

Release of Surety. Upon completing all or part of required improvements under this Development Code, the developer may request a reduction or closure of the surety. The Director shall then have the development inspected by the County Engineer. Any deficiencies shall be identified and the developer notified in writing of the deficiencies. If all work is complete and a maintenance bond provided, the surety shall be closed. If 25 percent of the work has been completed or is in stages identified in the original cost estimates, the surety shall be reduced accordingly.

E.

Calling Surety. Under normal circumstances and in accordance with this Development Code, the developer should finish construction of improvements well before the surety expiration date and will, on the developer's own initiative, request inspection and reduction or closure of the surety. Should the developer want additional time, a new surety covering the time (minimum six months) shall be submitted to the Director. If all work is not completed or an extended surety has not been presented at least 30 days prior to expiration, the Director or County Engineer shall notify the County Attorney to call the surety so the work can be completed.

Upon completing the improvements required under this Development Code, the surety will be reduced or eliminated. A maintenance guarantee in the form of an irrevocable letter of credit, surety, or cash equal to ten percent of the actual construction cost for improvements (e.g., road, sidewalk, and drainage facilities) shall be deposited with the County for anticipated maintenance for a period of two years after the completion of all improvements. For landscaping improvements, a survival bond equal to 120% of the cost shall be required (refer to Sec. 5.8.110.B.4.).

(Ord. No. 2017/20, 6-26-17)

It is the purpose of this division to measure the effects of development against the County's traffic service level goals set forth in the Beaufort County Comprehensive Plan (2010) in order to ascertain road facilities and improvements needed as a result of new development. This section of the ordinance establishes requirements for the analysis and evaluation of traffic impacts associated with development. A traffic impact analysis (TIS) will be required with application for rezoning, preliminary plans, single-site development site plans, and encroachment permit applications. The following provides the guidelines for the preparation of these TIAs. The estimate of the number of trips generated by proposed developments will be based on the Institute of Transportation Engineers (ITE) Trip Generation, 11th Edition, or latest edition at time of study. Other trip generation data collected locally may be used where approved by the Administrator/Manager or his/her designee.

A.

A traffic impact analysis study will be required for new developments when the proposed development is projected to generate 50 or more trips during the peak hour of the traffic generator or the peak hour of the adjacent street traffic (7:00—9:00 a.m. or 4:00—6:00 p.m.). Proposed developments that do not meet this threshold may also be required to complete a traffic study as determined by the Administrator/Manager or his/her designee.

B.

A traffic impact study will be required for a change or expansion at an existing site that results in an expected increase of 50 or more trips during the peak hour of the adjacent street traffic (7:00—9:00 a.m. or 4:00—6:00 p.m.), or if the Administrator/Manager or his/her designee determines that the change or expansion of the existing site will have significant impact at the existing access points, proposed access points, or surrounding intersections.

C.

A driveway traffic analysis may be required if trip generation is projected to be below the thresholds above at the request of the Administrator/Manager or his/her designee.

(Ord. No. 2024/32, Exh. A, 9-9-24)

A.

The following criteria shall be used to evaluate the findings of traffic impact analyses.

1.

A traffic impact analysis study shall be prepared in accordance with SCDOT standards.

2.

Lever of service. The results of the TIA shall inform and contemplate the traffic mitigation measures necessary to ensure that the minimum service standards established herein are met during the required planning horizon. The Future No Build conditions levels of service (LOS) for study area intersections, measured using the latest Transportation Research Board's Highway Capacity Manual standards for LOS calculation, shall be maintained in the Future Build conditions. If a reduction in the level of service is unavoidable, required improvements shall be identified to most effectively and practically minimize the reduction in operational LOS. Post-development operational LOS shall meet a LOS D goal for study area intersections. If LOS for an unsignalized intersection is found to be LOS E or F mitigation measures should be reviewed, and discussion included in the report on potential side street queuing.

3.

Number of access points. The number and spacing of access points shall comply with applicable standards set forth in the SCDOT Access and Roadside Management Standards (ARMS manual) and any designated Access Management Plans in the County's Community Development Code or any other access management planning in development. This shall be coordinated with Beaufort County staff during the development of the TIA.

(Ord. No. 2024/32, Exh. A, 9-9-24)

A.

At the sole expense of the Applicant, the TIA shall be prepared by a traffic engineer licensed in South Carolina who is experienced in the conduct of traffic analysis, and whom is one of the consultants the County has previously selected or On-Call traffic engineering services.

Applicant shall coordinate with Beaufort County staff on details of the project to develop the scope of services for the TIA.

1.

The Applicant shall provide the following information to County staff as part of the Applicant's request for a TIA:

a.

Total acreage for the project.

b.

Description of the type of use(s) proposed and existing use or last known use.

c.

Concept or sketch plan showing total square footage for the buildings (existing and proposed), the number and type of dwelling units proposed, square footages floor area by land use type, planned point(s) of access, proposed roads, internal accesses, bike/pedestrian facilities, and any other transportation infrastructure or facilities, and parking areas.

d.

Projected buildout year when the site will be substantially occupied.

e.

The project's civil engineer shall design on-site vehicle circulation, queuing and parking patterns so as not to interfere with flow of traffic on any public street, including intersections and meets all SCDOT and Beaufort County driveway standards including sight distance requirements. The project's civil engineer shall ensure that no blocking of internal driveways shall occur. Cross access shall be required between parcels, where applicable.

f.

The Applicant shall provide a site plan with driveway sight distance triangle, edge-to-edge distance to adjacent driveways and intersections, and a demonstration that the number of driveways proposed is the fewest necessary and that they provide safe and efficient traffic operations.

g.

Documentation of any pre-coordination with the South Carolina Department of Transportation (SCDOT) regarding access location(s).

2.

After determination of the scope of services, the County's On-Call consultant shall provide a cost estimate of such services to the Administrator/Manager or his/her designee for review. An invoice shall be sent to the Applicant who shall provide payment in an amount equal to the estimated cost to the Administrator/Manager or his/her designee. The notice to proceed will be proved by staff to the County's On-Call consultant once the payment is received.

3.

Additional fees for services may be required if the Applicant substantially amends an application and/or the consultant's appearance is requested at meetings beyond what was anticipated in the initial scope of services. The Applicant shall remit payment to the Administrator/Manager or his/her designee for these costs before the services are provided.

(Ord. No. 2024/32, Exh. A, 9-9-24)

The TIA shall include the following components unless otherwise coordinated with the Administrator/Manager or his/her designee.

A.

Existing conditions. Descriptions of existing traffic conditions, including existing peak-hour traffic volumes adjacent to the site and LOS for study area intersections. Existing traffic signal timings should be used. Morning (a.m.) and evening (p.m.) peak hour turning movements counts from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m., respectively, taken on a Tuesday, Wednesday, or Thursday when area K-12 public and private schools are in session shall be used.

Other peak periods may need to be counted, as determined by the Administrator/Manager or his/her designee, based on the specifics of the project. This would be determined during the TIA scoping process.

Seasonal data collection or conversion to represent seasonal conditions may be requested for TIAs on Hilton Head Island.

Existing counts may be used if taken within 12 months of the submittal of the TIW, unless authorized by the Administrator/Manager or his/her designee.

Other information that may be required to be collected may include, but is not limited to, crash data, stopping sight distances, and 50th and 85th percentile speeds.

B.

Proposed land use. As provided by the Applicant, a description of the current and proposed land use including characteristics such as the number and type of dwelling units, square footage of the floor area, accompanied with a project site plan (with buildings identified as to proposed use) and a schedule for construction of the development and any proposed development stages should also be included in the TIA.

C.

Estimate of trip generation. As noted previously, the projected trips for the development should be based on the most recent edition of the ITE Trip Generation Manual. Local trip generation studies may be conducted if previously approved by the Administrator/Manager or his/her designee. A table should be provided in the report outlining the categories and quantities of land uses, with the corresponding trip generation rates or equations, and the resulting number of trips. For large developments with multiple phases, the table should be divided based on the trip generation for each phase.

Any reductions due to internal trip capture (to a maximum of 20 percent) and pass-by trips (to a maximum of 10 percent of adjacent street traffic), and modal split should be justified and documented. All trip generation and trip reduction calculations and supporting documentation shall be included in the report appendix. Internal capture and pass-by should be based on ITE and National Cooperative Highway Research Program (NCHRP) methodologies.

For developments that do not have a final site plan, the highest and best use of the parcel shall be used in the TIA.

D.

Trip distribution and traffic assignment. The trip distribution of the projected trip generation to the adjacent street network and study area intersections shall be included in the report and the basis should be explained.

E.

Internal circulation, queuing and parking patterns. The TIA will generally review the on-site vehicle circulation, queuing and parking patterns to confirm that the flow of traffic is not impeded on any public street or surrounding intersections and the driveway design meets SCDOT and Beaufort County driveway standards for driveway width, throat, and sight distance requirements and crosse access is included on the plan if applicable.

F.

Planning horizon. The TIA shall be performed for the year the development will be substantially occupied. The building year for the development shall be provided by the Applicant. If the development is planned to be phased, the phase year shall be provided by the Applicant.

G.

Growth and Approved developments. In addition to the non-specific yearly growth, approved yet not constructed developments within the vicinity of the site shall be included in the Future No Build and Build conditions. The approved developments to include in the study shall be coordinated with Administrator/Manager or his/her designee and SCDOT staff.

H.

Future Year Analysis and Identification of Improvements. A capacity analysis should be performed at each of the intersections and driveways (signalized and unsignalized) in the study area. Intersection analysis shall include LOS determination for the overall intersection or approach depending on the type of control at the intersection in the No-Build (without the development) and Build (with the development) conditions based on the latest HCM methodologies.

If the capacity analysis indicates that an intersection does not meet the LOS standard, a mitigation analysis will be conducted to identify the improvements needed to meet the LOS standard.

If the capacity analysis indicates that an intersection does not meet the LOS standard for No-Build conditions, a mitigation analysis for Build conditions will be conducted to determine the improvements needed to be completed for the project to accomplish the level of service and delay in No-Build conditions or better.

I.

Access management standards. The report shall include the Applicant provided site plan showing and description of the proposed access points and compare it to the applicable SCDOT and Beaufort County standards and/or plans.

J.

Auxiliary turn lane requirements. TIAs shall evaluate the need for right- and left-turn lanes at all project driveways. Right- and left-turn lanes shall be installed in accordance with the criteria and warrants contained in SCDOT's ARMS Manual.

K.

Traffic signalization. If a traffic signal is proposed as a mitigation measure, a preliminary traffic signal warrant analysis based on the Manual on Uniform Traffic Control Devices shall be included in the study. While the installation of a traffic signal on projected volumes may not be able to be initially installed as the project traffic volumes are not yet realized, the Applicant shall provide funds for the future signal(s) to the County to deposit into an escrow or special account set up for this purpose, if future installation of a traffic signal(s) approved. The Applicant is also responsible for conducting the future traffic signal warrant studies at the direction of the County.

The Applicant should make any laneage improvements during construction so that if in the horizon year a signal is warranted, one may be installed with little impact to the intersection.

L.

Mitigation and alternatives. The TIA should include proposed improvements or access management techniques as necessary to meet the LOS standards. The Administrator/Manager or his/her designee will be responsible for final determination of mitigation improvements required to be constructed by the Applicant as a part of the development. Any improvements identified for the project including any future traffic signal installations are above and beyond any transportation impact fees.

(Ord. No. 2024/32, Exh. A, 9-9-24)

A.

The draft TIS shall be submitted to SCDOT and other applicable municipalities for review and comment. Any SCDOT comments or requirements shall be incorporated in the study. These comments shall be coordinated with County staff and shall be addressed prior to the finalization of the traffic study.

(Ord. No. 2024/32, Exh. A, 9-9-24)

A.

The Administrator/Manager or his/her designee shall also review and approve the traffic study once all County and SCDOT comments are addressed. The Administrator/Manager or his/her designee shall issue a memo or similar documenting the approval of the traffic study and the required mitigation associated with the project.

(Ord. No. 2024/32, Exh. A, 9-9-24)

A.

The Administration/Manager or his/her designee may require an update to a previously approved TIA if any of the following criteria are met:

1.

If a proposed development does not commence within 12 months of the traffic impact analysis.

2.

If the scale, intensity, or phasing of the proposed development that were contemplated in the approved traffic impact analysis are modified.

3.

If the number of access points, location of access points, or type of access points (right-in, right-out driveway, full access driveway, etc.) that were contemplated in the approved traffic impact analysis are modified.

4.

If the built environment dictates a change in land use or traffic distribution from what was previously contemplated within an approved TIA.

5.

If the proposed development is not completed within the proposed buildout date utilized in the TIA..

(Ord. No. 2024/32, Exh. A, 9-9-24)