The purposes of a development agreement are to coordinate the provision of adequate public facilities with the timing of development and otherwise document the terms of subject developments in accordance with the South Carolina Local Government Development Agreement Act, codified at S.C. Code §§ 6-31-10 et seq., as it may be amended from time to time (the "Development Agreement Act"). In doing so, development agreements provide both the city and the developer with assurances, thereby providing more certainty in the land development process.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   A development agreement is a voluntary agreement between the city and an applicant that may be required by the city when an applicant decides to proceed with a development that would not otherwise be approved due to one or more of the following conditions:

   (A)   The city finds that there is the need to coordinate the provision of adequate public facilities, which may include water, sewer, storm water, transportation, school or other mutually agreed-upon public facilities, with development generating the need for those facilities;

   (B)   The city finds that there is the need for specific development conditions associated with a planned development; or

   (C)   The city finds that there is the need to document other specific conditions applicable to the timing, intensity, location or design of a development.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   (A)   The city may enter into a development agreement with a developer pursuant to the Development Agreement Act, provided that the property contains a minimum of 25 acres or more of highland. The term of any development agreement shall not exceed the maximum term allowed pursuant to § 6-31-40 of the Development Agreement Act.

   (B)   Each development agreement must be approved by the city council through the adoption of an ordinance after complying with all of the provisions contained in the Development Agreement Act.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   While each development agreement will be unique to the applicable development, agreements must include those things required pursuant to § 6-31-60 of the Development Agreement Act.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   The Planning Commission shall review development agreements for consistency with the comprehensive plan and this subchapter and shall make a recommendation to City Council.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   The city shall hold at least two public hearings on a development agreement. Notice of both public hearings shall be advertised in a newspaper of general circulation at least 15 days prior to the hearing date. The date, time and place of the second public hearing shall be announced at the first public hearing. The published notice must specify the location of the property subject to the development agreement, the development uses proposed on the property, and a place where a copy of the proposed development agreement can be obtained.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   Each development agreement shall be approved by enaction of an ordinance. A simple majority vote of a quorum of City Council members present and voting shall be required to approve the development agreement.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   Development agreements shall be recorded in the Office of the Register of Deeds of Kershaw County within 14 days after the execution of the agreement. A development agreement may provide that if recordation does not occur within 14 calendar days after the date of approval, the city may declare such development agreement null and void, subject to any applicable cure periods.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   Each development agreement shall be reviewed one time at least every 12 months by the city planning staff. In the event that the developer is determined to have materially breached the terms of the development agreement, the Zoning Administrator shall serve notice, in writing, within a reasonable time after such determination is made. Such notice shall set forth with reasonable particularity the nature of the breach, the evidence supporting such a determination, and a reasonable period of time during which the developer may cure the breach or rebut any such determinations. In the event that the developer fails to cure any such material breach and fails to rebut the findings supporting the existence of such a breach, and provided that the city and the developer are unable to mutually agree to amendments to the development agreement that meet the concerns of the city, the city may, by ordinance, terminate or modify the development agreement accordingly.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)

   Development agreement provisions shall be subject to all state and/or federal laws enacted after the agreement is executed that affect the development and shall contain a provision acknowledging this fact.

(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)