a.

Purpose. These regulations are intended to provide for the harmonious development of the City of Charleston and its environs, for the coordination of streets within subdivisions with other existing or planned streets or with the plan of the City or of the region in which the City is located, for adequate open spaces for traffic, recreation, light and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity.

b.

Provision of options. The subdivision regulations provide options for development that reflect the diversity of the development throughout the City of Charleston. In recognizing that there are many development patterns across the city, it is further recognized that regulations are needed to support and enable these varied development patterns to occur.

(Ord. No. 2007-35, § 1, 2-13-07)

a.

Subdivision means all divisions of a tract or parcel of land into two or more lots for the purpose, whether immediate or future, of sale, lease or building development, and includes all division of land involving a new street or change in existing streets, and includes re-subdivision which would involve the further division of any lot or lots within a subdivision previously made and approved or recorded according to law: or, the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law.

b.

Property line abandonment means plats involving only the combination or recombination of entire lots of record where no new street or change in existing streets is involved. A property line abandonment plat is not a subdivision.

c.

Property line adjustment means plats involving only the adjustment of property lines of lots of record where no new street or change in existing streets is involved. A property line adjustment plat is not a subdivision.

d.

PUD site plan means a plan for subdivision of a property with a "PUD" zoning that includes all information described on the concept plan submittal checklist for subdivision applications available from the Zoning Division.

e.

Concept plan means a plan for subdivision of a property not zoned "PUD" that includes all information described on the concept plan submittal checklist for subdivision applications available from the Zoning Division.

f.

Development plan means a preliminary plat and construction drawings, if improvements are required, for subdivision of any property that includes all information described on the development plan submittal checklist for subdivision applications available from the Zoning Division.

g.

Final plat means a final plat for subdivision of any property that includes all information described on the final plat submittal checklist for subdivision applications available from the Zoning Division.

(Ord. No. 2007-35, § 1, 2-13-07)

a.

Effective date of the regulations. The effective date of Part 1 and Part 2 of Article 8, Subdivision, Property Line Adjustment or Abandonment Regulations as amended shall be on April 1, 2007. Any concept plan or PUD site plan submitted after the effective date, shall comply with this article.

b.

Submittals or approvals prior to the effective date. Any preliminary subdivision plat, final subdivision plat, property line adjustment or abandonment plat submitted as a complete application prior to the effective date shall be reviewed and approved in accordance with regulations in effect when the application was made. All subsequent applications shall comply with this article. Any plat approved in preliminary or final form, but not yet expired, prior to the effective date shall continue in compliance with this article.

c.

Annexation. Any plat approved in preliminary or final form, but not yet expired, prior to the effective date of the annexation of a property shall continue in compliance with this article.

(Ord. No. 2007-35, § 1, 2-13-07)

The Board of Zoning Appeals may authorize upon appeal in specific cases variances from the terms of this article pursuant to Article 9, Part 2 of this chapter. Variances must be approved prior to receiving subdivision approval.

(Ord. No. 2007-35, § 1, 2-13-07)

Property line abandonment plats shall be submitted to the Engineering Division for the approval of the Plat Review Committee prior to being recorded through the City Engineer's Office, except that plats where the resultant lots are equal to the standards of this chapter and no new street or change in existing streets is involved may be recorded without the Zoning Division's approval if the City of Charleston Department of Planning and Preservation is provided with a copy of such plats for its records. Plats shall not exceed twenty-two (22) inches by thirty-four (34) inches.

(Ord. No. 2007-35, § 1, 2-13-07; Ord. No. 2013-143, § 1, 12-3-13; Ord. No. 2025-086, § 1, 6-17-25)

Property line adjustment plats shall be submitted to the Engineering Division for the approval of the Plat Review Committee prior to being recorded through the City Engineer's Office, except that plats where the resultant lots are equal to the standards of this chapter, and no new street or change in existing streets is involved may be recorded without the Zoning Division's approval if the City of Charleston Department of Planning and Preservation is provided with a copy of such plats for its records. Plats shall not exceed twenty-two (22) inches by thirty-four (34) inches.

(Ord. No. 2007-35, § 1, 2-13-07; Ord. No. 2013-143, § 1, 12-3-13; Ord. No. 2025-086, § 1, 6-17-25)

1.

Generally. The City shall approve, pursuant to the procedures described herein, any subdivision of land as defined in section 54-803, except that the subdivision of land into parcels of five (5) acres or more where no new street is involved and where the resulting lots meet the requirements of this chapter shall not require the approval of the City but shall be reviewed by the Administrator for compliance with this chapter prior to being recorded. All subdivisions shall meet the requirements of this chapter before such subdivision or rights-of-way shall be platted, recorded, or have lots offered for sale. No plat of a subdivision, with the exception listed above, shall be filed or recorded in the Office of the Register Mesne Conveyance or Register of Deeds of the appropriate county until such plat shall have been approved by the Administrator and City Engineer, pursuant to the procedures described herein, and the approval entered in writing on the plat by the City Engineer.

2.

Classification of subdivisions. All subdivisions shall be classified as either a major subdivision, or a minor subdivision. A concept plan shall not be required when the proposed plan of subdivision for the property is deemed to be a minor subdivision.

a.

Major subdivision. Means all divisions of a tract or parcel of land into five (5) or more lots, or includes all division of land involving any of the following:

(1)

A new or extended public or private right-of-way, but not including future street alignments illustrated in a plan of resubdivision as required by section 54-814.

(2)

Improvement(s) within an existing street right-of-way, other than repair of streets, or repair or construction of sidewalk(s) or other pedestrian connections required by these regulations, fire hydrants or other types of minor improvements necessary to serve the lots being created.

(3)

A future public school site, park site, greenway corridor or open space site.

(4)

The dedication of a right-of-way or easement for construction of a public water or sewer transmission line.

(5)

Dedications, reservations, improvements, or environmental conditions that, in the opinion of the administrator with advice from reviewing agencies, require construction documents to be reviewed prior to final plat approval in order to insure the public health, safety, and welfare.

b.

Minor subdivision. A division of land where the conditions for major subdivision review, as set out in section 54-808.2.a are not present.

3.

Major subdivision review procedures. Before any major subdivision is recorded, the owner of the property proposed to be subdivided, or an authorized agent, shall, upon payment of applicable fees as determined by the City Council, apply for and secure approval of the proposed subdivision in accordance with the following procedures:

a.

Discussion at a required pre-application conference of the subdivision requirements and procedures for the proposed project, and possible issues related to the development of the property.

b.

Submittal of the concept plan prepared in accordance with section 54-809 or the PUD site plan prepared in accordance with section 54-255.c for Planning Commission Review and approval and the securing of required approvals from other public agencies and any affected utility districts and companies.

c.

Submittal of a development plan as described in section 54-810 to the Zoning Division for review and approval by the Technical Review Committee.

d.

Submittal of the final subdivision plat, prepared in accordance with Section 54-811, to the Zoning Division for review and approval by the Plat Review Committee and City Engineer in preparation for recording with the Register of Mesne Conveyance or Register of Deeds.

4.

Minor subdivision review procedures. Before any minor subdivision is recorded, the owner of the property proposed to be subdivided, or an authorized agent, shall, upon payment of applicable fees as determined by the City Council, apply for and secure approval of the proposed subdivision in accordance with the following procedures:

a.

Submittal of a preliminary plat that contains the information required in section 54-810, 1, a, (2), to the Zoning Division for review by the Plat Review Committee.

b.

Submittal of the final subdivision plat, prepared in accordance with section 54-811, to the zoning division for review and approval by the Plat Review Committee and City Engineer in preparation for recording with the Register of Mesne Conveyance or register of deeds.

5.

Coordination of rezoning application with subdivision application. It is the intent of these regulations that the review of a subdivision concept plan may be carried out simultaneously with the review of a rezoning application made under the Zoning Ordinance. In addition to the application required for the requested rezoning, an application for concept plan approval may be submitted for a coordinated review.

a.

General requirement. Whenever a rezoning is requested and development would require the subdivision of a tract, vacant or improved, into two (2) or more lots or the consolidation of lots, the concept plan application may be considered simultaneously with the rezoning application.

b.

Procedure to be followed:

1.

Concept plan approval required. The application for concept plan approval shall be made pursuant to the requirements of section 54-809 and shall accompany the rezoning application on the forms required for a rezoning available from the Zoning Division. The Administrator shall then coordinate and send the concept plan and rezoning application submittals to the Planning Commission for concurrent review. Any approval of the concept plan by the Planning Commission shall be conditioned upon ratification of the rezoning application by the City Council.

2.

Resubmission of concept plan if major revisions required. After completing its review of the rezoning application and the concept plan, and approving, approving with conditions, or disapproving the concept plan, the Planning Commission shall forward its recommendations on the rezoning application to the City Council for their final decision. If the City Council approved zoning requires major revisions to the concept plan as described in section 54-809.5.b, the applicant shall resubmit the concept plan for Planning Commission approval. A rezoning and approved concept plan for a subdivision entitle the developer to make application for development plan approval, and subsequently, for approval of a final subdivision plat approval.

6.

Reserve parcels. Small parcels not conforming in size or shape with all regulations shall not be platted, except in the case of utility and drainage lots. All land within a tract proposed for subdivision shall be incorporated in lots, lands held in common, or rights-of-way.

(Ord. No. 2007-35, § 1, 2-13-07; Ord. No. 2013-143, §§ 2, 3, 12-3-13; Ord. No. 2017-150, § 1, 12-11-17)

1.

Pre-application conference. Before preparing the concept plan or PUD site plan for a major subdivision, it is required that the applicant schedule a pre-application conference through the Zoning Division within the Department of Planning and Preservation.

2.

Application procedure and requirements. A request to subdivide land shall be made by the owner of the land, or an authorized representative, by filing an application for approval of a concept plan or PUD site plan with the Planning Commission.

a.

Application requirements. The application shall:

(1)

Be made on forms available from the Zoning Division and shall be accompanied by a fee as determined by City Council.

(2)

Be accompanied by the concept plan or PUD site plan and include all information described on the Concept Plan Submittal Checklist For Subdivision Applications available from the Zoning Division.

(3)

For subdivisions where the total area to ultimately be developed permits fifty (50) or more single-family or two-family dwelling units, a full traffic impact study shall be required unless the Department of Traffic and Transportation deems that a traffic impact study is not required, on the basis of the Department's prior studies, analysis, and evaluation of transportation facilities; except that this requirement for a traffic impact study shall not apply to subdivisions of land zoned "PUD" where a traffic impact study was completed with the approved master plan. Similarly, and depending on the type and size of the subdivision, the Department of Traffic and Transportation may require a basic level of traffic impact study as opposed to a full traffic impact study.

(4)

For each subdivision where the total area to ultimately be developed is ten (10) or more acres, a preliminary drainage study and plan shall be required; except that this requirement for a drainage study shall not apply to subdivisions of land zoned "PUD" where a drainage study was completed with the approved master plan. A full basin study may be required as part of the preliminary drainage study and plan in basins with known drainage problems, as determined by the Engineering Division. The drainage study and plan shall be of sufficient detail to assess the preliminary sizing and location of all major drainage facilities proposed and the associated easements. The plan shall locate all existing easements and intended outfalls. The study and plan shall support compliance with all current drainage policies of the City.

b.

Complete applications forwarded. No application shall be accepted or forwarded to the Technical Review Committee until all requirements of section 54-809.2.a are satisfied.

3.

Approval procedures.

a.

Staff review and determination of subdivision category. The administrator shall initiate a review of the concept plan and any exhibits submitted in conformance with these regulations and shall determine whether the concept plan constitutes a major or minor subdivision as described under section 54-808.2.

b.

Technical Review Committee. A review shall be performed by the Technical Review Committee. Representatives of the state, or boards or commissions may be included in the review as appropriate. The review shall be conducted in accordance with the published review schedule. The findings of the review process shall be presented to the Planning Commission.

c.

Published review schedule. The published review schedule shall designate a meeting schedule for the Technical Review Committee and Planning Commission, and submittal deadlines for applicants.

4.

Process for Planning Commission Hearing.

a.

Notice of hearing. Public notice of the time and date of the hearing shall be given at least ten (10) days prior to the hearing by publication of an agenda which lists each request in a newspaper of general circulation in Charleston. In addition, the property to which such application applies shall be posted with a sign along each public thoroughfare that abuts the property at least six (6) days prior to any public hearing when the application will be considered.

b.

Planning Commission Review and decision. The Planning Commission shall hold a public hearing and review the concept plan or PUD site plan, supplemental data, and the results of the administrative reviews, and advise the applicant of any required changes or additions.

c.

Time limitations for the Planning Commission to act. The Planning Commission shall have not more than sixty (60) days from the date of the receipt of the concept plan or PUD site plan with all documentation required by this chapter to act. The sixty-day time limit may be extended by mutual agreement. Failure of the Planning Commission to act upon an application within the prescribed time shall be deemed approval of the concept plan or PUD site plan. In such event, a notice to proceed shall be issued by the Administrator, upon demand, and the applicant may proceed to apply for development plan approval in the manner prescribed by section 54-810. If no development plan is required, the applicant may proceed to final subdivision plat approval in the manner prescribed in section 54-811. The applicant is cautioned that such default approvals shall not exempt a subdivision from compliance with the Zoning Ordinance provisions.

d.

Planning Commission action. After the Planning Commission approves, conditionally approves, or disapproves the concept plan or PUD site plan, a letter containing the resolution of the Planning Commission shall be sent to the developer or owner with the date of approval, conditional approval, or disapproval. If a concept plan is disapproved, the planning Commission shall state specific reasons for disapproval that shall be entered into the minutes of the meeting.

e.

Sixty (60) days to submit revised plans. Any application that receives conditional approval from the Planning Commission shall be followed, within sixty (60) days from the date of the Planning Commission's decision, by submission of revised plans, or the commission's approval shall expire. This deadline may be extended by the Planning Commission.

f.

Effective period of concept plan or PUD site plan approval. The approval of a concept plan or PUD site plan results in a vested right from the date of Planning Commission approval that lasts for two (2) years plus on going construction that proceeds in a timely manner. A lapse of six (6) months or more in construction after two (2) years from the date of approval will end this vested right term. Upon application by the landowner of property with a vested right at the end of the two (2) year vested right term to the Planning Commission, the term shall be extended on an annual basis for up to five (5) annual extensions, provided there have been no amendments to this chapter which precludes or prohibits any aspect of the approved plan.

g.

Reapproval for expired concept plans or PUD site plans. Should concept plan or PUD site plan approval expire for any reason, any submittal for Planning Commission reapproval shall be subject to current Zoning Ordinance and Subdivision Regulations in effect at the time reapproval is sought.

5.

Revisions to approved concept plans or PUD site plans. The applicant shall submit proposed revisions to the approved concept plan or PUD site plan to the Administrator. The Administrator shall initiate a review of the proposed revisions to be performed by the Technical Review Committee. For all revisions determined to be major revisions, Planning Commission approval shall be required.

a.

Minor revisions. If the Administrator, with the advice of the Technical Review Committee, deems the revision(s) to be minor, the Administrator is authorized to approve the revisions to the concept plan. Minor revisions are insignificant shifts in street and open space locations, minor changes to lot size, minor changes to unit size and distribution of intensity not inconsistent with a final PUD or overlay approval and its associated concept plan, if applicable; minor shifts in lot lines; and other changes which do not alter the general layout and intensity of the approved concept plan, violate the requirements of this chapter, or have a significant impact on proposed or existing infrastructure.

b.

Major revisions. All other revisions, including revisions that are determined by the administrator not to be minor revisions, shall be deemed to be major revisions. At the request of the applicant, any revised concept plan or PUD site plan shall be forwarded to the Planning Commission for decision, including reversal of the decision of the Administrator. The Administrator may, at his or her discretion or on the advice of the Technical Review Committee direct any revised concept plan or PUD site plan to the Planning Commission. For all revisions determined to be major revisions, Planning Commission approval shall be required. The Planning Commission shall approve, conditionally approve, or disapprove the proposed major revision to the concept plan. Procedures for considering a major revision to a concept plan shall be the same as required for an initial application for concept plan or PUD site plan approval.

c.

Failure of the Planning Commission to act. Failure of the Planning Commission to act in the prescribed time shall be deemed approval. The procedures contained in section 54-809.4.c shall be followed.

(Ord. No. 2007-35, § 1, 2-13-07; Ord. No. 2013-143, §§ 1, 2, 12-3-13; Ord. No. 2025-086, § 1, 6-17-25)

1.

Application procedure and requirements. The applicant shall file with the Administrator a development plan application. The failure of the applicant to satisfy the requirements of this section with full and correct information shall be cause for disapproval of a development plan.

a.

Application requirements. The application shall:

(1)

Be made on forms available from the Zoning Division and shall be accompanied by a fee as determined by City Council.

(2)

Be accompanied by the development plan (preliminary plat and separate construction documents) and include all information described on the Development Plan Submittal Checklist for Subdivision Applications available from the Zoning Division. Preliminary plat and construction documents may be submitted as separate applications. However, construction documents may only be submitted with a preliminary plat, or after a preliminary plat has been submitted. Development plan approval will not be granted until both the preliminary plat and construction documents have been approved.

b.

Complete applications forwarded. No application shall be forwarded to the Technical Review Committee until all requirements of Section 54-810.1.a are satisfied.

2.

Staff review.The Administrator shall initiate an administrative review of the development plan by the Technical Review Committee. Representatives of the state, or boards or commissions may be included in the review as appropriate. The review shall be conducted in accordance with the published review schedule. The purpose of the review shall be to verify that the required information has been submitted, all applicable regulations and standards have been met, and it complies with the approved concept plan or PUD site plan. It shall be the responsibility of the applicant to ensure the accuracy, completeness, and construction feasibility of the development plan.

3.

Decision on development plan. Upon completion of a review (see section 54-810.2), the applicable approval procedure below shall be followed.

a.

Minor revisions. If the Administrator, with the advice of the Technical Review Committee, deems that the development plan shows no revisions or minor revisions to the approved concept plan or PUD site plan as described in section 54-809.5.a, and meets all the regulatory requirements, the Administrator is authorized to approve the development plan on behalf of the Planning Commission. The Administrator may direct a development plan to the Planning Commission according to the procedures of section 54-810.3.b. At the request of the applicant, a development plan shall be forwarded to the Planning Commission for decision, including reversal of the decision of the Administrator.

b.

Major revisions. All other revisions, shall be deemed to be major revisions as described in section 54-809.5.b. If the development plan contains major revisions to the approved concept plan or PUD site plan, a revised concept plan or PUD site plan along with the development plan shall be submitted to the Planning Commission for approval by the applicant in accordance with the published review schedule. The procedures contained in section 54-809.5.b for major revisions to the approved concept plan or PUD site plan shall be followed for any major revisions to the development plan.

c.

Failure of the Administrator to act. Failure of the Administrator to act upon a development plan submitted under section 54-810.3 within sixty (60) days after receipt of the development plan with all required information shall be deemed approval of the plan, and in such event, a certificate of approval entitling the applicant to proceed shall be issued, upon demand, by the Administrator. Caution should be exercised in that such default approval shall not exempt the subdivision from compliance with the Zoning Ordinance provisions.

4.

Appeal of staff decisions to Planning Commission. Staff decisions may be appealed to the Planning Commission by any party in interest if an appeal is filed with the Zoning Division within ten (10) business days after actual notice of the decision. The Planning Commission shall act on the appeal within sixty (60) days from receipt of the appeal and the action of the Planning Commission is final.

5.

Effective period of development plan approval. The approval of a development plan results in a two-year vested right from the date of approval. Upon application by the landowner of property with a vested right at the end of the two-year vested right term to the Administrator, the term shall be extended on an annual basis for up to five (5) annual extensions, provided there have been no amendments to this chapter which precludes or prohibits any aspect of the approved development plan.

6.

New information. When new information related to the natural characteristics of the land is discovered during construction, the project engineer shall promptly advise the appropriate City agency of details of the found conditions, the impacts, and the modifications to the infrastructure which are to be made. Such found conditions may include, but are not limited to, the presence of archaeologically, culturally, or environmentally sensitive or geologic hazard areas. If the modifications to the development plan are determined to be major, as described in section 54-810.3.b and the development plan no longer complies with the concept plan or PUD site plan, Planning Commission approval shall be required for a revision to the concept plan or PUD site plan to comply with the revised development plan based on the new information.

(Ord. No. 2007-35, § 1, 2-13-07; Ord. No. 2013-143, § 2, 12-3-13)

1.

Application procedure and requirements. The applicant shall file with the City an application for approval of a final subdivision plat. The final subdivision plat application shall:

a.

Contain such information as described in the final plat submittal checklist for subdivision applications available from the Engineering Division.

b.

Be made on application forms available from the Engineering Division and shall be accompanied by a fee as determined by City Council.

c.

Include the entire subdivision, or section thereof, for which final approval is sought.

d.

Be a reproducible record plat the size, material, and inking of which shall be as specified by the Register of Mesne Conveyance or Register of Deeds. When more than one sheet is required, an index sheet of the same size shall be filed showing the entire subdivision with the sheets numbered in sequence. Any shading placed on the plat face to add clarity shall not cover any words or figures.

e.

Except for minor adjustments for field conditions, compliance with the approved concept plan or PUD site plan and development plan in street locations, and the number of lots shall not vary more than five (5) percent.

f.

Be accompanied, if the final plat contains open space, recreational facilities, or any portion of the site in common ownership, regardless of the method of ownership, by the following documentation for approval by the Administrator and recording with the final plat:

(1)

Plans for improvement and maintenance of the open space or facilities located thereon.

(2)

Articles of incorporation and bylaws of the homeowners' association or other legal entity charged with improving or maintaining the open space or facilities, where open space or facilities are to be deeded to a homeowners' association or similar organization acting on behalf of the joint owners of said property, and declaration of covenants and restrictions pertaining to each and every property within the subdivision.

2.

Requirements for improvements. All required improvements are to be installed and dedicated prior to the signing of the final subdivision plat by the City Engineer. The final subdivision plat may be approved by the City Engineer prior to completion of all required improvements if adequate bond or escrow funds for the completion of such improvements, approved by the Corporation Counsel, are filed with the City Engineer.

3.

Staff review. The Administrator shall initiate a review of the final subdivision plat and any exhibits submitted in conformance with these regulations.

a.

Staff review. The review shall be performed by the Plat Review Committee. Representatives of the state, or boards or commissions may be included in the review as appropriate. The review shall be conducted in accordance with the published review schedule.

b.

Complete application. No application shall be considered for review or forwarded to the Plat Review Committee until all requirements of section 54-811.1 are satisfied.

4.

Decision on final subdivision plat. Upon completion of staff review (see section 54-810.2), the applicable approval procedure below shall be followed.

a.

Minor revisions. If the Administrator deems that the final subdivision plat shows no revisions or minor revisions to the approved concept plan or PUD site plan and development plan as described in sections 54-809.5.a and 54-810.3.a, and meets all the regulatory requirements, the Administrator is authorized to approve the final plat of subdivision on behalf of the Planning Commission. The Administrator may direct a final subdivision plat to the Planning Commission according to the procedures of section 54-811.4.b. At the request of the applicant, a final subdivision plat shall be forwarded to the Planning Commission for decision, including reversal of the decision of the Administrator.

b.

Major revisions. All other revisions shall be deemed to be major revisions as described in sections 54-809.5.b and 54-810.3.b. If the final subdivision plat contains major revisions to the approved development plan, a revised final subdivision plat shall be submitted to the Planning Commission for approval by the applicant in accordance with the published review schedule. The procedures contained in sections 54-809.5.b for major revisions to approved concept plans or PUD site plans shall be followed for any major revisions at the time of final subdivision plat.

c.

Failure of the Administrator to act. Failure of the Administrator to act upon a final subdivision plat submitted to them under section 54-810.3 within sixty (60) days after receipt of the final subdivision plat with all required information shall be deemed approval of the plat, and in such event, a certificate of approval entitling the applicant to proceed shall be issued, upon demand, by the Administrator. Caution should be exercised in that such default approval shall not exempt the subdivision from compliance with the Zoning Ordinance provisions.

5.

Appeal of staff decisions to Planning Commission. Staff decisions may be appealed to the Planning Commission by any party in interest if an appeal is filed with the Zoning Division within ten (10) business days after actual notice of the decision. The Planning Commission shall act on the appeal within sixty (60) days from receipt of the appeal and the action of the Planning Commission is final.

(Ord. No. 2007-35, § 1, 2-13-07; Ord. No. 2013-143, § 3, 12-3-13; Ord. No. 2017-150, § 2, 12-11-17)

Recording of the plat. When all conditions of approval have been met including all required certifications, signatures, dedications and the posting of any required bonds, the City Engineer shall sign the plat on behalf of the Planning Commission and record the plat in the Register of Mesne Conveyance or Register of Deeds of the appropriate county. No signature shall be affixed to the plat until all the requirements of these regulations have been met. The applicant shall deliver to the City Engineer the required number of reproducible prints and copies and a digital copy of the signed plat for recording with the Register of Mesne Conveyance or Register of Deeds. The recording fee shall accompany the plat. Notice that a plat has received final approval or has been disapproved shall be given to the applicant.

(Ord. No. 2007-35, § 1, 2-13-07)

Phasing major subdivision plats. The Administrator may permit a subdivision that has been given concept plan approval to be divided into two (2) or more phases for development plan and final platting purposes and may impose such conditions upon the filing of each phase, as it may deem necessary, to assure the orderly development of the subdivision. Each phase shall be bonded independently of the other phases, unless expressly stated otherwise.

(Ord. No. 2007-35, § 1, 2-13-07)

Procedure for subdivision where future resubdivision is foreseen. Whenever a parcel of land is subdivided, and the subdivision plat shows one (1) or more lots containing more than one (1) acre of land or double the minimum required area for the zoning district in which the lot is located, and the Administrator has reason to believe that such lots shall be resubdivided into smaller building sites, the Administrator shall require that the subdivision and development of such parcel of land allow for the future opening of streets by restricting building locations. A plan of resubdivision shall be depicted on a concept plan drawing unless the applicant can demonstrate that the need for such future street connection is unnecessary. The Administrator shall require that future dedications providing for the opening and extension of such streets be so indicated on the plat.

(Ord. No. 2007-35, § 1, 2-13-07)

Converting parcels to building sites. A land parcel created by deed or land parcel identified as a reserve parcel on a plat may be converted to a building site within the limits set forth in this chapter. Removal of the reserve status shall require Planning Commission approval.

(Ord. No. 2007-35, § 1, 2-13-07)

1.

Plat Review Committee. The Plat Review Committee is composed of City staff from the Department of Public Service and Department of Planning and Preservation and is coordinated by the Engineering Division. The purpose of this committee is to review all plats for compliance with all City codes prior to recordation in the Register Mesne Conveyance or Register of Deeds.

2.

Technical Review Committee. The Technical Review Committee is composed of City staff from the Department of Public Service, Department of Planning and Preservation, Department of Traffic and Transportation, Executive Department, Fire Department and Department of Parks and is coordinated by the Zoning Division. Representatives of the State, or Boards or Commissions may be included in the review of applications as appropriate. The purpose of this committee is to review all applications for subdivision as defined in Section 54-803.a, including concept plans, development plans and preliminary plats as described herein. Meetings of the committee shall be held and applications shall be reviewed in accordance with the published review schedule for the committee, and agendas listing each item to be heard at each meeting of the committee shall be posted at the Department of Planning and Preservation and on the City web site at least five (5) business days prior to each meeting. The TRC Administrator, in consultation with his/her supervisor and the Mayor shall have authorization to override any decision rendered by a reviewing Department or Division, so long as the final result violates no State or Federal requirement or creates no potential threat of harm to public safety. Results of each meeting of the committee shall be presented to the Planning Commission at their monthly meetings. All meetings of the committee shall be open to the public.

(Ord. No. 2007-35, § 1, 2-13-07; Ord. No. 2013-143, §§ 1, 2, 4—7, 12-3-13; Ord. No. 2025-086, § 1, 6-17-25)

a.

No platting of land for residential use or purpose shall occur in areas subject to periodic flooding by normal tides, swamps, marshes, or other undrained areas, unless suitable provision is made for satisfactory drainage.

b.

Drainage improvements shall be required pursuant to approved drainage studies and plans, and the drainage policies of the City of Charleston.

(Ord. No. 2003-70, § 5, 8-19-03)

a.

The layout of streets as to arrangement, character, width, grade, and location shall be required to conform to the following street design standards, to adjoining street systems of adjoining properties, to the major thoroughfare plans of the city, to the topography, natural features, and drainage systems to be provided, and to the general plan of the entire tract where completed.

b.

Local streets shall be designed as an interconnected street system while incorporating lower speed geometries.

c.

Subdivisions which abut or have included within the proposed area to be subdivided any limited access, major thoroughfare, or arterial streets shall provide:

1.

A marginal access street, or

2.

Reverse frontage with screen planting contained in a non-access reservation along the rear property line, or

3.

Lots with rear service drives, or

4.

Other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

The city engineer shall specify which of the above requirements apply to each individual case based upon adequate service to the public interest.

d.

Reserve strips or parcels controlling access to streets shall be prohibited, except where justification is shown by the developer.

e.

Street jogs, with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided.

f.

A tangent of at least one hundred (100) feet shall be introduced between reverse curves on major traffic streets.

g.

When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius of not less than one hundred (100) feet for minor and collector streets, and of such greater radii as the city engineer shall determine for special cases.

h.

Streets shall be so laid out as to avoid acute angles as nearly as practicable between streets at their intersections, except in the case of merging streets.

i.

Property lines at street intersections shall be rounded with a radius of not less than fifteen (15) feet. Larger radii may be required by the city engineer when, in his opinion, such design is advisable to permit the construction of curbs of large radius.

j.

Streets shall be defined according to the following functional classifications and right-of-way widths, pavement widths and curb radii shall be as follows:

1.

Definitions of Functional Classifications of Streets

(a)

Access Street: Sometimes called a place or lane, the access street is designed to conduct traffic between dwelling units and higher-order streets. As the lowest-order street in the hierarchy, the access street carries some through traffic and includes short streets, cul-de-sacs and courts.

(b)

Subcollector Street: The subcollector provides passage to access streets and conveys traffic to collectors. Like the access street, the subcollector provides frontage and access to residential lots but also carries some through traffic to lower-order (access) streets. The subcollector is a relatively low-volume street.

(c)

Collector Street: A street which collects internal traffic movements within an area of the city, such as among subdivisions, and connects this area with the arterial street system. It does not handle long through trips, but performs the same land service function as a local street.

(d)

Arterial Street: A facility designed mainly for through traffic, but it also normally performs a secondary land service function. Parking and loading may be restricted or prohibited to improve the capacity for moving traffic. It accommodates major movements of traffic not served by expressways and brings traffic to and from expressways.

2.

Minimum right-of-way widths and pavements widths (exclusive of curb and gutter). See Table 8.1.

3.

Minimum radii. See Table 8.2.

k.

Half streets along property lines shall be prohibited except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the city engineer finds that it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street exists adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

l.

Dead-end streets designed to be so permanently, shall not be longer than eight hundred (800) feet except where land cannot be subdivided otherwise practicably and shall be provided at the closed end with a turn-around having a street property line diameter of at least eighty (80) feet.

m.

No street names shall be used which will duplicate or be confused with the names of existing streets. Street names proposed by the subdivider shall be subject to check by the GIS Division and where duplication or confusion with names of existing streets occurs, the GIS Division shall require the subdivider to substitute names free from duplication or confusion.

TABLE 8.1: MINIMUM STREET WIDTHS^a

a. Exclusive of outside curb and gutter

b. Maximum of 30 feet.

c. Maximum of 20 feet.

d. Maximum of 60 feet.

e. The paved section and right-of-way for local single-family residential access streets serving only single-family detached homes may be reduced to 20 feet and 42 feet, respectively, with the approval of the Zoning Administrator, the Director of the Department of Public Service, and the Director of the Department of Traffic and Transportation, and in consideration of on-street parking needs, and the utility providers and their needs for installing utility services within the rights-of-way which are proposed to be reduced.

f. On-street parking and community parking lot requirements. Parking spaces shall be provided along local single-family residential access streets with one or more lots that are less than 9,000 square feet in high ground area. Parking spaces shall be provided on-street or in community parking lots constructed with the subdivision, or with a combination thereof. The number of parking spaces provided shall equal or exceed one (1) space for every four (4) lots, or fraction thereof, that are between than 6,000 square feet and 8,999 square feet in high ground, and (1) space for every three (3) lots, or fraction thereof, that are less than 6,000 square feet in high ground. Parking spaces shall be distributed throughout areas with lots that require on-street parking. Community parking lots shall comply with landscaping requirements in Article 3, Part 7, and include spaces that meet the minimum design requirements of section 54-318, except the lots may utilize a durable, pervious paving material with a concrete driveway that extends at least 10 feet beyond the right-of-way. Where on-street parking is provided, the minimum pavement width and minimum right-of-way width for local single-family residential access streets shall be increased, as described herein. On street parking spaces shall be a minimum of 22 feet in length and 7 feet wide, exclusive of curb and gutter. Where on-street parking is provided on one side of a street, street pavement width shall be increased to a minimum of 27 feet, exclusive of curb and gutter. Where on-street parking is provided on both sides, pavement width shall be a minimum of 34 feet, exclusive of curb and gutter, and right-of-way width shall be a minimum of 55 feet. Where parking is provided between driveways, the minimum driveway separation shall be 28 feet.

TABLE 8.2: MINIMUM CURB RADII

n.

Streets and intersection approaches shall not be excessive in grade nor be less than three-tenths of one percent (0.3%) in the gutter profile. Variation from these grades may, however, be permitted by the city engineer where advisable, to adjust to topographical conditions.

o.

Alleys shall be permitted where required to provide for service access, such as off-street parking, loading, and unloading, consistent with and adequate for the uses proposed. Such alleys shall have a minimum right-of-way of twenty (20) feet with a minimum pavement width of twelve (12) feet.

p.

All streets shall be paved in accordance with minimum requirements on file in the office of the city engineer. Final approval, however, may be granted prior to paving, provided adequate bond or escrow of funds conditioned on said paving being completed within one year of the final approval is filed with the city treasurer.

q.

Roads of an existing subdivision shall not be used as the sole means of ingress and egress in developing a new subdivision or extending an existing one, when other access can be made available and when in the opinion of the city engineer such use would create a safety hazard or otherwise be detrimental to the residents of the existing subdivision due to increased traffic and noise.

r.

No street shall be located within a critical area or freshwater or saltwater wetland unless the applicant shall supply to the City the written approval of OCRM or the U.S. Army Corps of Engineers, or both, as appropriate.

s.

Street connectivity requirements: An interconnected street system is necessary in order to provide for access between developments without returning to major roadways, in order to provide access for emergency and service vehicles, in order to enhance and encourage non-vehicular travel, in order to plan for future development and transportation needs and in order to create neighborhoods.

The following street connectivity requirements shall apply:

1.

All subdivisions and developments shall include improved street connections to other streets within the development and to adjoining streets, neighborhoods, existing developments, developed tracts and undeveloped tracts. However, subdivisions and developments which are physically isolated by water, marsh, or wetlands from other streets, subdivisions, neighborhoods, existing developments or undeveloped tracts, shall not be required to include street connections.

2.

Street connections to adjoining undeveloped tracts shall include a temporary turnaround, in the form of easements or right-of-way, until such time that the adjoining tract is developed and the temporary turnaround area can be abandoned.

3.

The appropriateness, location and application of such required street connections are subject to the review and approval of the Zoning Administrator. Street connections shall be made according to appropriate land planning practices for the type of development proposed and the characteristics of adjoining properties.

t.

Within the Neighborhood District, subsections b, c, e, f, g, j, k, l, and s of this section shall not apply. Streets in the Neighborhood Districts shall connect to other streets within the neighborhood and to adjoining streets, neighborhoods, existing developments and undeveloped tracts. Cul-de-sacs, T-turnarounds, and gated or dead-end streets are not permitted, unless unavoidable due to physical constraints of the site or an adjoining site.

In the event of unavoidable physical constraints, a modified cul-de-sac may be used if it does not exceed six hundred (600) feet in length and meets one of the following criteria:

1.

It incorporates a design feature at the center of the turn-around such as a natural area with existing trees, a landscaped space, or an outdoor space with amenities that is a size at least equal to the square footage of the pavement within the turn-around area.

2.

It provides a pedestrian access area to the marsh front, waterfront, or other physical feature that necessitates the cul-de-sac that is of a size at least equal to the square footage of the turn-around.

Gated streets are not permitted.

u.

Within the Neighborhood District, each building must front a neighborhood district street type or outdoor space as defined in Section 54-295, excluding conservation areas. Streets shall be classified according to the following hierarchy and follow the design and tree planting requirements of Table 8-2.1:

v.

In addition to the right-of-way standards in Table 8.1, the following street types are also permitted per Table 8.2.2:

TABLE 8-2.1: STREET DESIGN REQUIREMENTS

a.

Travel lane width is designed for low to moderate vehicular speeds (25 mph or less); higher vehicular speeds may require design modifications. Travel lane width is inclusive of the gutter and up to the face of the curb.

b.

On-street parking width is inclusive of the gutter and up to the face of the curb. On-street parking should not be marked within the street; street signage is optional.

c.

The width of the individual travels lanes may be reduced to 10 ft. minimum when providing an off-street pedestrian path.

d.

On-street parking may exist on both sides of Type 2 and 3 streets. On-street parking shall not be required on street sections less than 150 linear feet.

e.

On-street parking may be provided only on one side of a Type 1 street where the street is serving as single-loaded residential street. On-street parking shall be provided on the same side of the street as the abutting single-family detached, single-family attached, duplex, triplex, quadroplex, or multifamily residential lots. Likewise, a sidewalk may be provided only on one side of a single-loaded residential Type 1, 2 or 3 street.

f.

Right-of-way narrowing devices including, but not limited to, curb extensions, bulbouts, neckdowns and corner bulges shall not be permitted unless approved by the Design Review Committee.

g.

Street types may be incorporated into a divided right-of-way design provided that the center median includes street trees and has a minimum width of 10 feet (width may include curb).

h.

Curb Radii—Curb radii are applicable to the face of curb and apply to street intersections, not driveway intersections. Curb radii are designed for low vehicular speeds; higher vehicular speeds may require design modifications. Curb radii at alley-to-alley intersections shall be a minimum of 30 feet and alley to Street Type 2 intersections shall be a minimum of 25 feet.

i.

Street Trees—Street tree details including tree spacing, tree well location and dimensioning and planting strip location and width may vary depending on tree species and development infrastructure. Street tree details shall be reviewed and approved by the Department of Parks at construction plan submittal. Street trees shall be installed prior to final plat approval and recordation.

j.

Bicycle Travel— Neighborhood Districts should provide opportunities for bicycle travel. A bike path is an independent bike way that is to be provided off-street and outside of the vehicular thoroughfare. A bike route shall be provided within the vehicular thoroughfare where suitable for shared use of bikes and vehicles traveling at low speeds and may be indicated with the use of "sharrows". A bike lane is a dedicated marked lane with a moderate-speed vehicular thoroughfare.

TABLE 8.2.2: TOWN AND COUNTRY STREET DESIGN REQUIREMENTS

1.

Street types may incorporate a center median provided that the median is no wider than 11 feet.

Ord. No. 1999-164, § 1, 11-23-99; Ord. No. 2002-18, § 1, 2-12-02; Ord. No. 2003-69, § 17, 8-19-03; Ord. No. 2004-77, §§ 2, 3, 8-17-04; Ord. No. 2006-397, §§ 9—12, 9-12-06; Ord. No. 2007-100, §§ 1, 2, 5-1-07; Ord. No. 2007-213, §§ 2, 3, 11-20-07; Ord. No. 2012-372, § 1, 9-11-2012; Ord. No. 2015-105, § 1, 8-18-2015; Ord. No. 2021-113, § 1, 8-17-21)

a.

Easements for utilities along rear and side property lines may be required by the city engineer where necessary. In particular cases, easements across lots may be required by the city engineer to meet extreme conditions.

b.

Easements, when provided, shall be a minimum of twelve (12) feet in width and shall center along a common property line where appropriate.

c.

Easements, when required for drainage or sewage for the area to be subdivided, shall be of such width as necessary to permit proper construction of drainage facilities based on the drainage system of the area. No subdivision shall block or obstruct the natural drainage of an adjoining area. Existing natural drainage shall be maintained or replaced where possible or feasible.

a.

The lengths, widths and shapes, of blocks shall be determined with regard to:

1.

Provision of adequate building sites suitable to the special needs of the type of use (residential, commercial, industrial, other) contemplated.

2.

Area and spacing requirements as to lot sizes and dimensions.

3.

Needs for convenient access, circulations, control and safety of street traffic.

4.

Limitations and opportunities of topography and drainage features.

b.

No side of a proposed block shall exceed eight hundred (800) feet unless a minimum twenty-foot wide through-block alley or pedestrian accessway is provided, and no side of any block which incorporates pedestrian accessways or alleys shall exceed one thousand two hundred (1,200) feet in length, except that, in a Neighborhood District, no side of a proposed block shall exceed six hundred (600) feet in length without another street providing through access to another street. This length may be extended to eight hundred (800) feet provided a through-block pedestrian accessway is provided. Through-block pedestrian accessways shall be a minimum fifteen (15) wide with a minimum ten-foot wide surfaced path and shall be located in the center of the block or in the most practical location to facilitate pedestrian circulation within the neighborhood or to provide access to special neighborhood features. Pedestrian accessways shall be owned and maintained by an association formed for that purpose.

A block may exceed the maximum length if the block incorporates existing natural features such as freshwater wetlands, marsh, OCRM critical area or bodies of water.

(Ord. No. 2002-18, § 3, 2-12-02; Ord. No. 2003-69, § 16, 8-19-03; Ord. No. 2006-397, § 13, 9-12-06)

a.

The lot size, width, depth, shape and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated. Lot depth exclusive of marsh lands normally shall not exceed two and one-half times the frontage and except in the case of hardship, never exceed four times the frontage.

b.

Reduction in lot area prohibited. Except under the conditions hereinafter stated, no lot shall be reduced in size so that lot width, yard requirements, lot area per dwelling unit, or other requirements of this chapter are not maintained.

c.

New lots shall conform to the following dimensions and design standards:

1.

Lot frontage for single-family and two-family residential. The following lot frontage requirements in Table 8.2.3 shall apply to all new single and two-family residential lots, except that residential lots within existing residential subdivisions may not be subdivided with lot frontages less than the average lot frontage of all abutting residential lots, residential lots across the street(s), and residential lots within five (5) lots on either side of the frontage of the subject lot, or the minimum lot frontage for that zoning district, whichever is greater. Lots subdivided and developed for one-family detached affordable housing per section 54-207, z. shall be subject to the frontage requirements of that section.

TABLE 8.2.3: SINGLE AND TWO-FAMILY RESIDENTIAL
LOT FRONTAGE REQUIREMENTS

Lot frontage for multi-family. Multi-family residential lots shall have a minimum lot frontage of fifty (50) feet on a street and parking shall be prohibited within the required setback within the district.

Lot frontage for business and industrial lots. The minimum lot frontage for business and industrial lots shall be as shown below on Table 8.3: Business and Industrial Lot frontage Requirements.

Exceptions: 1) Any lot or parcel with five hundred (500) feet of frontage or less, or two hundred (200) feet or less in depth as shown on the 1979 Tax Assessment Maps, may be subdivided with curb breaks for access consistent with typical lots within two thousand (2,000) feet of the subject property of equivalent zoning; and 2) Lots which are part of a larger business or industrial development, such as an office park, shopping center, mixed use, or business park development, with shared ingress/egress easements for access to a street, may be created without any frontage as long as the frontage requirement is satisfied for the lots abutting the street and a platted shared ingress/egress easement utilizing an approved driveway is furnished to all interior lots or building sites; and 3) Business and industrial lots in the MU-1/WH and MU-2/WH zone districts shall not be required to have frontage on a street.

Access and lot area. New residential subdivisions shall be designed such that single-family lots shall not have driveway access to arterial streets. In no case shall residential lots contain less than the minimum lot areas for the intended number of dwelling units as specified in Table 3.1: Height, Area and Setback Regulations, except that for single and two-family lots zoned SR-6, STR, DR-1, DR-1F, DR-2, DR-2F, DR-3 (non-mobile home), DR-6, DR-9 and DR-12 that front on a street right-of-way and have vehicular access at the rear of the lot from an alley right-of-way that satisfies the requirements of this chapter, the calculation of minimum lot area per family in square feet may be reduced by the area of the alley right-of-way directly behind the lot.

2.

A residential lot which will require the installation of a private water supply and a private sewage disposal system shall have an area of not less than fifteen thousand (15,000) square feet, exclusive of marshland and easements. Septic tank tile fields will not be permitted in marshlands and easements. Upon a finding by the health department, based on the information furnished by the developer at the time of application for preliminary approval, that safe and sanitary installations cannot be made in this area, the city engineer may require that the lot size be increased.

3.

A residential lot which will be served with a public water supply system but which will require the installation of an individual sewage disposal system shall have a minimum area of nine thousand (9,000) square feet exclusive of marshland and easements. Septic tank tile fields will not be permitted in marsh lands or easements. Upon a finding by the health department, based on the information furnished by the developer at the time of application for preliminary approval, that safe and sanitary installations cannot be made in this area, the city engineer may require that the lot size be increased.

4.

A residential lot which will be served by a public sewage disposal system but which will require the installation of an individual water supply shall have an area of not less than seventy-five hundred (7,500) square feet, exclusive of marshland.

d.

Lots which have the double frontage shall be avoided except where essential to provide separation of residential development from traffic arteries to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet and across which there shall be no right of access may be required along the lines of lots abutting such a traffic artery or other disadvantageous use.

e.

Each lot shall be provided, by means of a public street or other satisfactory public easement or right-of-way, with satisfactory access to an existing public street.

f.

Utility and drainage lots shall be exempt from zoning district dimensional requirements, public road frontage requirements and street improvement requirements provided in this Chapter; provided, however, that such lots shall be created in conformance with the subdivision review, approval and recordation requirements provided in this Chapter. Lots created for the purpose of providing for utility and drainage facilities and structures shall be of a size, width, depth, shape and orientation appropriate for the proposed use. Each lot shall be served by either frontage on a public right-of-way or an access and maintenance easement to the lot from a public right-of-way. An application for subdivision approval shall be accompanied by a statement establishing that the proposed installation is necessary to accomplish a utility or drainage function. The subdivision plat creating a utility or drainage lot shall include a designation of the lot "for utility (or) drainage purposes only." Improvements on said lots shall comply with the provision of Section 54-831 of this Chapter.

(Ord. No. 1997-523, § 1, 11-25-97; Ord. No. 1999-22, § 9, 3-10-99; Ord. No. 2008-160, § 2, 12-9-08; Ord. No. 2013-106, §§ 2, 3, 10-8-13; Ord. No. 2014-67, § 10, 5-13-14; Ord. No. 2018-059, §§ 2, 3, 5-8-18; Ord. No. 2020-097, § 5, 8-18-20)

TABLE 8.3: BUSINESS & INDUSTRIAL LOT FRONTAGE REQUIREMENTS

a.

Markers shall be placed at block corners, angle points, points of curves in streets, and at other points if required by the city engineer. Markers shall be placed at all lot corners.

b.

Markers shall be of iron pipe or other equally permanent material at least three quarters inch in diameter and four (4) feet in length.

c.

Markers shall be installed prior to submission of and approval of the final plat and shall conform to locations indicated on the approved preliminary plat.

a.

Utility and street improvements shall conform with standards and specifications on file in the office of the city engineer and in the office of the Director of the Department of Parks, except that with respect to sanitary systems or sewerage disposal systems, such systems shall conform with the standards and specifications on file in the office of the Charleston Water System, Charleston, South Carolina.

Within all new developments or subdivisions in the City of Charleston, curb and gutter shall be required for all street rights-of-way. Materials used for curb and gutter shall be of the type and quality at least equal to the type and quality of materials existing on contiguous rights-of-way. Where there are no contiguous rights-of-way, materials used for curb and gutter shall be concrete.

Within all new developments or subdivisions in the City of Charleston, sidewalks shall be required. Sidewalks shall be constructed with a minimum width of five (5) feet of materials of the type and quality at least equal to the type and quality of materials existing on contiguous sidewalks. Where there are no contiguous sidewalks, newly constructed sidewalks shall be concrete. Other requirements for sidewalks are:

1.

Arterial, Collector, and Local Commercial Streets - along the frontage of all properties abutting these streets;

2.

Local Residential Streets - a connecting system of sidewalks along each side of all local residential streets which have abutting residential lots.

3.

Multi-Family Residential Streets - a connecting system of sidewalks along each side of all multifamily residential streets and a sidewalk running from each building in the development to the street.

Sidewalks shall not be required where one or more of the following conditions exists, unless a lot has frontage on a road or roads classified as a collector, arterial or local commercial street or on a road which provides direct access to a public school, park or other comparable public facility that is located within one (1) mile of the lot, to wit:

(a)

in subdivisions or developments where the minimum lot size is forty thousand (40,000) square feet; or

(b)

in subdivisions or developments which are physically isolated by water, marsh, saltwater wetlands or freshwater wetlands from other subdivisions or developments.

b.

The City Planning Commission may grant final approval prior to completion of such improvements if adequate bond or escrow funds for the completion of such improvements, approved by the corporation counsel, is filed with the City treasurer; that with respect to sewerage disposal systems and sanitary sewer systems, such bond or escrow funds for the completion of such systems shall be approved by the manager and engineer of the Commissioners of Public Works of the City of Charleston.

c.

Prior to such approval, the Commissioners of Public Works of the City of Charleston shall be empowered to require that the entire sanitary, sewer system or sewerage disposal system for the tract being subdivided be paid for in cash, with the balance payable over a period of time under such agreement as may be approved by the Commissioners of Public Works of the City of Charleston.

d.

New streets shall be designed, and existing streets shall be improved to accommodate traffic impacts associated with a proposed development.

e.

Street trees. Within all new developments or subdivisions, all new thoroughfares, excluding alleys, shall be planted with street trees in accordance with the following requirements.

1.

Street tree species selection, size, location and spacing shall require approval of the Department of Parks, pursuant to the City of Charleston Street Tree Manual.

2.

Street trees to be planted within street rights-of-way, shall be shown on street tree plans and specifications submitted with road construction documents. The plans and specifications shall satisfy the requirements of the City of Charleston Street Tree Manual.

3.

Extensions of existing public rights-of-way with street trees shall require the planting of street trees.

(Ord. No. 1998-160, §§ 1, 2, 9-8-98; Ord. No. 1999-54, § 4, 4-27-99; Ord. No. 2002-18, § 4, 2-12-02; Ord. No. 2003-70, § 6, 8-19-03; Ord. No. 2008-103, §§ 1—3, 7-15-08)