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

Effective on: 1/1/1901, as amended

In accordance with South Carolina Department of Environmental Services (DES) regulations, all Subdivisions of proposed new Lots shall be served by approved water and sewer systems. For the purpose of Article 8.12, Water Supply and Sewage Disposal, a wastewater and/or water treatment facility connection is required when the wastewater and/or water treatment service provider indicates through their sewer/water availability letter(s) that these services are available, and the proposed Lot(s) are granted permission to connect to the existing sewer/water system by means of a sewer/water Utility Service Lateral connection to each Lot(s). If the wastewater and/or water treatment service provider indicates through their sewer/water availability letter(s) that these services are only available by having Sewer/water Mains extended, then these services are considered not available. If not available, the Applicant must either make these services available by extending the water/sewer main(s) apply to the South Carolina Department of Environmental Services (SC DES) for individual on-site wastewater and/or well system(s) for each lot(s). Where annexations are necessary for connection to a treatment facility, the wastewater/water service shall be considered not available. Where a party would have to obtain an Easement to cross adjacent property for connection to a treatment facility, the wastewater/water service shall be considered not available.

1. A.
   If water/Sewer service is available, as defined above, at or prior to Final Plat approval, the Applicant must provide documentation from the water and/or sewer service provider that ensures the requirements of the provider have been met for each proposed Lot(s). If sewer/water utility service is required and the proposed Subdivision contains four or fewer Lots, the Applicant may obtain Final Plat approval by complying with Sec. 8.3.1.H of this Ordinance.
2. B.
   If water/sewer service is not available, as defined above, prior to Final Plat approval, the Applicant must provide documentation from SC DES that ensures all new Lots have met minimum soil requirements for the installation of an individual on-site wastewater and/or well system. If SC DES indicates that a sewer/water connection is required for the proposed Lot(s), the Applicant must make the service available by complying with all requirements of the applicable sewer/water provider and submitting documentation from the water and/or sewer service provider that ensures the requirements of the provider have been met prior to Final Plat approval.

This provision shall not be interpreted to require that Subdivisions be annexed in order to obtain public water or sewer service. All new Lots created are to have a means of wastewater disposal, either by individual wastewater systems (septic system approved by SC DES) or physical Sewer Utility service lateral connection(s) installed. New Lots may be created without a means of wastewater disposal, provided that they comply with the provisions of Sec. 8.3.1.G, Non-Buildable Lots, or Sec. 8.3.1.H Lots of Record, Approved located within any 208 Water Quality Management Designation within the Urban/Suburban Area of the County of this Ordinance.

Effective on: 1/1/1901, as amended

The public health, safety, economy, good order, appearance, convenience, morals, and general welfare require the harmonious, orderly, and progressive development of land within Charleston County. In furtherance of this general intent, the Subdivision Regulations are authorized for the following purposes, among others:

1. To implement the goals, objectives, and policies of the Charleston County Comprehensive Plan;
2. To facilitate the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks and other recreational facilities, Affordable Housing, disaster evacuation, and other public services and requirements;
3. To assure the provision of needed public Open Spaces and Building sites in new land developments through the dedication or reservation of land for recreational, educational, environmental, transportation, and other public purposes;
4. To assure, in general, the wise and timely Development of new areas and redevelopment of previously developed areas in harmony with the adopted or amended Comprehensive Plan for Charleston County and any adopted or amended municipal Comprehensive Plan within or adjacent to the County;
5. To implement land use policies that will preserve agricultural uses of land and the rural character of unincorporated Charleston County;
6. To identify, protect and preserve scenic, historic, and ecologically sensitive areas;
7. To prevent overcrowding of land, avoiding undue concentration of population, and lessening congestion in the Streets;
8. To regulate the Density and distribution of populations and the uses of Buildings, Structures, and land for trade, industry, residence, recreation, Agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, individual onsite wastewater systems or off-site Sewer lateral connection provided to each Lot, protection against floods, public activities, and other purposes; and
9. To ensure protection from fire, flood, and other dangers, and furthering the public welfare in any other regard specified by a local governing body.

Effective on: 1/1/1901, as amended

Unless expressly exempted, no Subdivision shall be made, platted, or recorded for any purpose nor shall Parcels resulting from such Subdivisions be sold, unless such Subdivision meets all applicable standards of this Ordinance and has been approved in accordance with the procedures of this Ordinance.

1. A.
   All Lots shown on Plats whether subdivided or not, shall have the Planning Commission Stamp of either approval or exemption on said Plat; the Register of Deeds shall not record any Plat without such stamp. The Plat for an individual Lot exempted by virtue of pre-existence must be accompanied by a surveyor's statement on the Plat that the Lot is a single, individual Lot, and not newly created.
2. B.
   Parcels that were recorded by deed or plat prior to the adoption of the County's original Subdivision Regulations on January 1, 1955, will receive automatic approval under a Grandfather Clause, provided the Parcel involved is still in the same size and shape as when recorded prior to 1955 and is properly platted in accordance with present standards. The recorded information must be provided and attested to by the surveyor or attorney involved.
3. C.
   Preliminary Plats submitted for approval shall expire two years from the date of preliminary approval if all conditions for Preliminary Plat approval have not been met. The Zoning and Planning Director shall be authorized to grant a one-time extension of this time frame if a written request is submitted by the Applicant prior to the expiration date. The time period of the extension shall not exceed one year.
4. D.
   Upon submission of a Subdivision application, no additional Subdivision applications shall be accepted for the Subject Property until the original application has been withdrawn or the Decision-Making Body has rendered its final decision and all applicable time limits on refilling have expired.

Effective on: 5/7/2024, as amended

1. A.
   Procedures. The following shall be exempt from the Subdivision Plat Procedures, if the Zoning and Planning Director determines that all engineering and survey standards of this Ordinance have been met:

   1. 1.
      The combination or recombination of portions of previously platted Lots where the total number of Lots is not increased. When the Plat is finalized, it shall be submitted to the Zoning and Planning Director for recording. New deeds must be recorded simultaneously with Plats when (1) the ownership of the previously platted Lots is changing and/or (2) the simultaneous recording of deeds and Plats is otherwise required by this Ordinance.
   2. 2.
      The public acquisition of land for Right-of-Way or Drainage Easements or any Lot or parcel created therefrom.
   3. 3.
      Contiguous properties that are to be divided for the purpose of exchanging or trading parcels of land. When the Plat is finalized, it shall be submitted to the Zoning and Planning Director for recording. New deeds must be recorded simultaneously with Plats when (1) the ownership of the previously platted Lots is changing and/or (2) the simultaneous recording of deeds and Plats is otherwise required by this Ordinance.
   4. 4.
      A Parcel of land that is proposed to be used as the site for a Utility substation, power line Easements, or Right-of-Way, pumping station, pressure regulating station, electricity regulating substation, gas pressure control station, or similar facilities.
   5. 5.
      The combination or recombination of entire Lots of record where no new Street or change in existing Streets is involved.
   6. 6.
      The division of land into Parcels of five acres or more, where no new Street or Easement is involved. Plats of these exceptions must be received as information by the Zoning and Planning Director, which fact shall be indicated on the Plats.
2. B.
    Standards. Lots created and recorded prior to August 15, 1971, shall be exempt from compliance with the standards of this Chapter, provided that the Subject Property:

   1. 1.
      Was or is surveyed and platted in accordance with prescribed standards;
   2. 2.
      Has the approval of the South Carolina Department of Environmental Services (DES); and
   3. 3.
      Contains no drainage ways or Easements needed to drain surrounding properties, as determined by the Public Works Director.

Effective on: 1/1/1901, as amended

The regulations and standards of this Chapter are intended to supplement the Charleston County Road Construction Standards, as amended, in Appendix A of this Ordinance, which shall be considered the minimum design standards for roads and drainage systems in Charleston County. (Note: Road and drainage systems not meeting the Standard Specifications for Local Governments' Road and Street Construction will not be eligible for maintenance from the State Half Cent Sales Tax or donor County funds.)

Effective on: 1/1/1901, as amended

The "General" procedural requirements and standards of Article 3.1, General, of this Ordinance shall apply to the Subdivision Plat procedures of this Chapter.

Effective on: 1/1/1901, as amended

All Land Surveys in the County shall be in accord with the land use designated for the proposed Subdivision of property and the criteria specified in Urban Land Surveys as promulgated by the South Carolina Code of Regulations, 1991, Chapter 49, Article 3, R.400-490, as amended, and described as the "Minimum Standards Manual for the Practice of Land Surveying in South Carolina."

Effective on: 1/1/1901, as amended

Pre-application conferences offer an opportunity for Zoning and Planning, Public Works, and other affected agencies to familiarize Applicants with applicable procedures, submittal requirements, Development standards, and other pertinent matters before finalizing the development proposal or laying out the proposed Subdivision. Applicants requesting Minor Subdivisions are encouraged to schedule a pre-application process before submittal of an application. Applicants for Major Subdivisions are required to have a pre-application conference before submittal of an application. Applicants shall be responsible for scheduling pre-application conferences with the Zoning and Planning Director or his/her designee who shall be responsible for contacting the Public Works Department and other affected agencies.

Effective on: 1/1/1901, as amended

A Minor Subdivision is a division of any tract of land into four or fewer Lots, provided that:

1. A.
   No public Street Right-of-Way dedications are involved;
2. B.
   The Public Works Director does not require a Preliminary Plat for a Drainage Easement;
3. C.
   The Lots meet South Carolina Department of Environmental Services (DES) requirements for sewage disposal systems. Systems that are determined by DES to be properly functioning or “grandfathered" must comply with DES regulations as a condition of minor subdivision approval;
4. D.
   Off-site sewage disposal systems must be approved by DES and/or the Public provider and an off-site Utility Easement must be shown along with all Lots served by the off-site system if public Sewer is (accessible and is provided to each Lot) provided, then sewer lateral connection will be provided to each Lot.
5. E.
   No new or residual Parcels will be created that do not comply with all applicable requirements of this Ordinance; and

6. F.
   Non-Buildable Lots.

   1. 1.
      For the purpose of this subsection, non-buildable Lots are Lots that meet all requirements of this Ordinance, with the exception of water and/or Sewer availability requirements;
   2. 2.
      For all non-buildable Lots, all new Parcels being created less than five acres in size shall meet the minimum Lot size and comply with applicable requirements of this Ordinance;
   3. 3.
      Non-buildable Lots may be approved as a Minor Subdivision without certification by DES for on-site waste disposal systems and water or where public water and Sewer is not available;
   4. 4.
      The Property Owner(s) shall sign the “Certification of Non-Evaluation.” This certification statement shall be placed on the Plat and signed by the property owner(s);
   5. 5.
      The Property Owner(s) shall have a deed prepared by an attorney for each non-buildable Lot less than five acres in size explaining the “Certification of Non-Evaluation” to be recorded with the Plat;
   6. 6.
      The “Certification of Non-Evaluation” for water and Sewer availability shall be used in conjunction with Minor Subdivision (development) Plats when no evaluation regarding the availability of public water/Sewer or on-site septic systems and water have been approved; and
   7. 7.
      The following certification shall be placed on the Plat and deed and signed by the Property Owners:

      “The Property owner(s) of record hereby acknowledge(s) that the surveyed parcel(s) and/or tract remainder has not been approved to determine the availability of on-site waste disposal systems or provisions of public water/sewer services. Recordation of this plat and deed shall not be an implied or expressed consent of Charleston County that the lots or other land divisions shown hereon are capable of being serviced by on-site waste disposal or public water/sewer systems. Unless otherwise stated hereon, all surveyed parcels and/or tract remainders have not been reviewed for on-site waste disposal systems or public water/sewer services.”

      Property Owner(s) Signature __________________ Date_________________

7. G.
   Lots of Record, Approved located within any 208 Water Quality Management Designation within the Urban/Suburban Area of the County:

   1. 1.
      A maximum of four Lots may be subdivided from a Lot of Record, Approved (“Approved Lot”) without installing additional sewer lateral connection(s), provided that the development complies with all other requirements of this Ordinance, when public water and/or sewer lateral lines are provided to the Approved Lot, and the Approved Lot is located within a 208 Water Quality Management Designation area within the Urban/Suburban Area of the County.
   2. 2.
      The Property Owner(s) shall sign a Certification Statement that there are no physical lateral connections provided to the new Lot being created. The Certification shall be placed on the Subdivision Plat and signed by each Property Owner.
   3. 3.
      The following Certification Statement shall be placed on the Plat and signed by the Property Owner(s):

      “The Property Owner(s) of record hereby acknowledge(s) that the surveyed Parcel has not been served by a lateral connection of public water/sewer lines. Recordation of this Plat shall not be an implied or expressed consent of Charleston County and/or the public provider of the water and/or Sewer or other omitted public improvement that the Lot or other land divisions shown here on are capable of being serviced by on-site waste water disposal or public water/Sewer systems.”

      Property Owner(s) Signature:______________________________

      Date: ________________________________________________

   Lot Description: __________________________________________

   4. 4.
      At the time of seeking a Zoning or Building Permit the Property Owner(s) shall supply a document of certification from the Public provider that public water and Sewer lateral connections are provided to the Lot.
   5. 5.
      All Lots created will comply with the Density/Intensity and Dimensional Standards for Lots without public Sewer/water, as there is no guarantee that these public improvements will be available.

Effective on: 1/1/1901, as amended

Applications for Minor Subdivisions shall be submitted to the Zoning and Planning Department on forms available in the Zoning and Planning Department. There is one required step in the Minor Subdivision process which is Final Plat review and approval. Generally, Minor Subdivisions are reviewed in the Zoning and Planning Department and approved by the Zoning and Planning Director. However, the Zoning and Planning Director may send Minor Subdivision applications to the Planning Commission for approval in order to determine whether or not the proposed subdivision is consistent with all requirements of this Ordinance and the goals and objectives of the Comprehensive Plan. Applicants for Minor Subdivisions are strongly encouraged to schedule and attend a Pre-Application Conference prior to filing a minor subdivision.

Effective on: 1/1/1901, as amended

1. Any land division that is not a Minor Subdivision shall be processed as a "Major Subdivision." All Major Subdivision applicants are required to attend a pre-application conference.
2. A Zoning Permit is required for grading, drainage, or the construction of roads and utilities in a Subdivision.

Effective on: 1/1/1901, as amended

Applicants for Major Subdivisions are required to schedule and attend a pre-application conference prior to filing a Major Subdivision application. After the pre-application conference, there are three required steps in the process: (1) Preliminary Plat review and approval; (2) Construction Plans review and approval; and (3) Final Plat review and approval. Steps (2) and (3) require the submission of applicable Letters of Coordination and proof of agency permits pursuant to Sec. 8.3.6, Letters of Coordination, ensuring the proposed development is feasible in concept and completion. Each step of the process shall be completed before initiating the next step. Applications for Major Subdivisions shall be submitted to the Zoning and Planning Director and shall include a completed application form (available from the Zoning and Planning Department). Additional components for consideration of a Major Subdivision that are necessary at the pre-application conference are:

1. A Plat or survey of the Subject Property, if available, or a tax map that identifies the Subject Property; and
2. A Concept Plan that includes the following information:
   1. The proposed means of access to a public road. In cases when adjoining properties are not developed, stub outs for connections to future development on adjacent parcels shall be provided. Cul-de-sacs, T-turnarounds, and dead-end streets shall only be allowed at the discretion of the Zoning and Planning Director;
   2. Surrounding land uses;
   3. All adjacent roads;
   4. A preliminary map and analysis of natural resources present on the subject property and surrounding property; and
   5. A conceptual layout of the proposed Subdivision, which shall be overlaid on the preliminary site analysis and which shall show Streets, drainage, Lots, parks, and other facilities located to protect natural resource areas.

[Commentary: Approval from other local, state or federal agencies may be necessary in the development of land in Charleston County, particularly in regard to environmental concerns. Pre-application conferences should be held with these agencies, including the South Carolina Department of Health and Environmental Control, Coastal Resources Management, U.S. Army Corps of Engineers and the U.S. Fish & Wildlife Service.]

Effective on: 1/1/1901, as amended

Trees shall be protected in accordance with CHAPTER 9, Development Standards, of this Ordinance.

Effective on: 1/1/1901, as amended

Letters of Coordination are required that acknowledge that the County and other agencies will be able to provide necessary public services, facilities, and programs to service the Development proposed, at the time the Subdivision Plat is processed.

Effective on: 1/1/1901, as amended

Preliminary Plats shall be required for all Major Subdivisions.

Effective on: 1/1/1901, as amended

The following shall be submitted:

1. A.
   Completed applications for Preliminary Plat approval shall be submitted to the Zoning and Planning Department on forms available in the Zoning and Planning Department. Three copies and one digital file of the Preliminary Plat shall be filed with the application.
2. B.
   Preliminary Plats shall be drawn to engineer's scale no smaller than one-inch equals 200 feet. Where large areas are being platted, they may be drawn on one or more sheets, 22 inches by 34 inches in size. For small areas being platted, a scale of one-inch equals 100 feet shall be used.
3. C.
   Even if the Applicant intends to subdivide only a portion of a Parcel or tract of land initially, the Preliminary Plat shall show a proposed Street and Lot layout, drainage plan and other requirements for the entire Parcel or tract of land in which such portion is contained; except that the Zoning and Planning Director, with the recommendation of the Public Works Director, may waive this requirement on a finding that such a complete layout is not necessary to carry out the purposes of these regulations.
4. D.
   The following information shall be required on each Plat:

   1. 1.
      The courses and distances of the perimeter of the land involved shall be indicated on the plat shown with all courses marked to show which are actual field observations and which are computed.
   2. 2.
      References to a known point or points such as Street intersections and railroad crossings shall be shown.
   3. 3.
      The total acreage of the land involved in the Subdivision, and the acreage of high land above the Office of Coastal Resource Management Critical Line. Date of Critical Line certification shall be indicated. (Aerial photography may not be used to determine OCRM Critical Line location.)
   4. 4.
      The names of adjacent landowners and Streets where known or available shall be given (with the parcel identification numbers), and all intersecting boundaries or property lines shall be shown.
   5. 5.
      Proposed divisions to be created shall be shown, including Building envelopes for each Lot (a minimum 1,600 square foot buildable area with a minimum width of 20 feet),  for each Lot, Right-of-Way widths, Roadway widths, road surface types, sidewalks (if applicable), proposed Drainage Easements, and names of Streets; the locations of proposed Utility installations and Utility Easements; Lot Lines, dimensions and angles; sites reserved or dedicated for public uses; and sites for apartments, civic/institutional, commercial, and industrial uses. The status of the existing Lot access and the concept of the type of road construction being proposed shall be indicated (e.g., ingress/egress Easement, private road constructed or unconstructed, public Secondary or Primary Rural Road, Public Secondary or Primary County Road, and other details as appropriate, i.e., Curb and gutter, asphalt swales, inverted crown, roadside open ditch, etc.).
   6. 6.
      The title, scale (including graphic scale), north arrow (magnetic, grid, or true), date, name of Applicant and the name and seal of engineer or surveyor with South Carolina Registration Number shall be shown.
   7. 7.
      All existing Structures and physical features of the land, including contours (contours not required on proposed private subdivisions, and only within the Rights-of-Way of proposed rural public Streets), drainage ditches, roads and wooded areas shall be shown. The contour interval shall be one foot, unless otherwise approved in advance of submission by the Public Works Director. All contour information shall be based on Mean Sea Level datum and shall be accurate within one-half foot. The Bench Mark, with its description, and the datum used for the survey shall be clearly noted on the Plat.
   8. 8.
      General drainage features, including proposed Drainage Easements and detention/retention basins. The proposed direction of drainage on each Street, ditch and Lot shall be indicated by the use of arrows and proposed Street names.
   9. 9.
      The location of required Landscape Buffers as specified in Chapter 9, Development Standards, of this Ordinance, which shall not be located within Drainage Easements unless expressly approved by the Public Works Director.
   10. 10.
       A wetland delineation prepared by an environmental consultant utilizing the 1987 Army Corps of Engineers Wetland Delineation Manual and the appropriate Regional Supplement(s) for Wetland Delineation, which must be reviewed and approved by the Charleston County Public Works Department (Stormwater Division), or a United States Army Corps of Engineers (USACE) approved jurisdictional determination (AJD) is required.
   11. 11.
       A notation shall be made on the Plat clearly indicating the applicable OCRM Critical Line buffers and Setbacks. A statement and signature from DES’s Bureau of Coastal Management shall be included. At the time of Subdivision Plat application submittal, the date of the BCM approval signature cannot be older than five years.
   12. 12.
       Tree Surveys on lots of one acre or less are to include Grand Trees on the entire Lot. Tree surveys of Grand Trees may be requested upon site inspection if Lots greater than one acre appear to be unbuildable due to the presence of Grand Trees. All Grand Trees within 40 feet of the property line must be shown on the Plat.
   13. 13.
       Tree Surveys of all Grand Trees are required within access Easements, Drainage Easements, and Rights-of-Way. All Grand Trees within 40 feet or with canopies that encroach into the proposed Easement must be shown on the Plat.
   14. 14.
       A signature block on the Plat, signed by the owner(s) of the property and notarized indicating that the proposed Preliminary Plat being put forth is an action of the owner, heirs thereto or assigns.
   15. 15.
       A vacant block shall be provided on each page of the Plat that is three inches by eight inches in dimension for Charleston County approval stamps and notations.
   16. 16.
       A statement that any Easements for utilities or other encroachments in the area to be dedicated for Streets, highways, drainage or other public or private use are subject to binding provision that the costs of future relocation of any such encroachments due to the construction or maintenance of public improvements shall be borne by the holder of the Easement and/or Utility company.
   17. 17.
       A statement indicating the flood zone(s), valid as of the date of approval of the Preliminary Plat.
   18. 18.
       Total Impervious Surface Coverage pursuant to this Ordinance, as applicable. 
5. E.
   Accompanying Data.

   1. 1.
      The Preliminary Plat shall be accompanied by a statement as to the availability of and specific indication of the distance to and location of the nearest public water supply and public sanitary Sewers.
   2. 2.
      The Preliminary Plat shall be accompanied by a statement indicating what provisions are to be made for water supply and sewage disposal. For well and septic systems, DES permits are required, and for public water and sewer, letters of coordination from the applicable agencies are required.
   3. 3.
      Proposed Subdivisions encompassing 100 or more acres of land area shall provide a master plan showing the general layout of future development of the entire tract and on adjacent lands that are under common ownership or control. This master plan shall provide a generalized description and plan that addresses the following future development considerations: traffic circulation, drainage, environmental preservation, Utility placement, land use, density, and any areas that are to remain undeveloped.
   4. 4.
      The engineer and/or surveyor who prepared the Preliminary Plat shall affix their seal(s), name(s), and South Carolina Registration Number(s). Only engineers or surveyors registered in the State of South Carolina shall attest and fix their seal on the Preliminary Plat.
6. F.
    In all areas of special flood hazards where base flood elevation data is not available, the Applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all Subdivision proposals and other proposed Developments containing at least five Lots or five acres, whichever is less.

[Commentary—For the purpose of Preliminary Plat applications, a complete application means one that includes all required information and fees and that addresses the findings of the inspection report and has received all approvals from other agencies that are a prerequisite to Preliminary Plat approval.]

Effective on: 1/1/1901, as amended

1. Upon receipt of a complete application for Preliminary Plat, approval, the Zoning and Planning Director shall have 30 calendar days to review the proposed Preliminary Plat and compile a staff report on the proposed Plat (which includes the comments and recommendations of the Public Works Director and other affected agencies);
2. Major Subdivisions (Preliminary and Final) are reviewed by the Zoning and Planning Director and approved when in compliance with requirements of this Chapter. Within the 30 calendar day review period the Zoning and Planning Director has the option of forwarding the Major Preliminary Subdivision Plat application, along with his report and any recommendations, to the Planning Commission for its review and approval in order to determine whether or not the proposed Subdivision is in compliance with all of the requirements of this Ordinance and the goals and objectives of the Comprehensive Plan.
3. The Zoning and Planning Director shall advise the Planning Commission at the regular scheduled Planning Commission meeting of all Preliminary Plats approved (for information purposes only).

Effective on: 1/1/1901, as amended

Within 30 calendar days of receipt of a report from the Zoning and Planning Director, the Planning Commission shall review the proposed Preliminary Plat and act to approve, approve with conditions, or disapprove the Preliminary Plat based on whether it complies with all applicable requirements of this Ordinance and the adopted Charleston County Comprehensive Plan.

Effective on: 1/1/1901, as amended

Approval of a Preliminary Plat shall constitute general acceptance of the overall planning concepts for the proposed Subdivision and is a prerequisite for the filing of a Final Plat application. Approved Preliminary Plats shall not be recorded at the Register of Deeds Office.

Effective on: 1/1/1901, as amended

An approved Preliminary Plat shall lapse and be of no further force and effect if a Final Plat for the Subdivision (or a phase of the Subdivision) has not been approved within two years of the date of approval of the Preliminary Plat. If the Subdivision is to be developed in phases, a phasing plan, including a timetable for Development of the entire Subdivision, shall be approved as part of the Preliminary Plat approval. No Final Plats shall be accepted, and no construction shall be allowed for any phase not approved as part of the Preliminary Plat.

Effective on: 1/1/1901, as amended

Any Party in Interest in a Preliminary Plat decision of the Zoning and Planning Director regarding a complete or incomplete application may appeal the decision to the Planning Commission by filing an appeal with the Zoning and Planning Director within 30 calendar days of the date of the decision.

1. Appeal Powers. In exercising its appeal power the Planning Commission may reverse or affirm, wholly or partly, or may modify the decision on appeal. In acting upon the appeal the Planning Commission shall be authorized only to determine whether the decision of the Zoning and Planning Director was made in error. The Planning Commission shall not be authorized to approve modifications or waivers of Ordinance standards through the appeal process. If the Planning Commission determines that it is necessary to obtain additional evidence in order to resolve the matter it may remand the matter to the Zoning and Planning Director with directions to obtain such evidence and to reconsider the decision in light of such evidence.
2. Consideration of Evidence. The decision of the Planning Commission shall be a matter of record; it shall consider only the same application, plans, and related project materials that were the subject of the original decision and only the issues raised by the appeal.
3. Burden of Persuasion of Error. In acting on the appeal, the Planning Commission shall grant to the decision of the Zoning and Planning Director a presumption of correctness, placing the burden of persuasion of error on the appellant.
4. Approval Criteria. An appeal shall be sustained only if the Planning Commission finds that the decision of the Zoning and Planning Director was in error.
5. Vote Required. A quorum of the Planning Commission shall be achieved when the number of members in attendance equals more than one-half of its total membership. At least two-thirds of the members present, and voting shall be required to reverse a Final Plat decision of the Zoning and Planning Director.

[Commentary—Appeals of Planning Director and other Subdivision-related Administrative Decisions [including decisions to reject applications as incomplete], shall be processed in accordance with Article 3.14, Appeals of Subdivision-Related Administrative Decisions, described in CHAPTER 3, Development Review Procedures.]

Effective on: 1/1/1901, as amended

Any party in interest in a Preliminary Plat decision of the Planning Commission or any officer, board, or bureau of the County may appeal the Planning Commission decision to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after actual Written Notice of the Planning Commission's decision.

Effective on: 1/1/1901, as amended

Before approval of a Preliminary Plat , road and drainage plans prepared by an engineer registered in the State of South Carolina shall be submitted to the Zoning and Planning Director for review and approval in accordance with both the Charleston County Stormwater Program Permitting Standards and Procedures Manual and the Charleston County Road and Drainage Construction Standards in Appendix A of this Ordinance. Roadways to be accepted by Charleston County Public Works shall not contain any permanent Best Management Practices (BMPs) such as ponds, underground storage systems, etc.

(Ord. No. 2362, 10/14/2025)

Effective on: 10/14/2025, as amended

1. Subdivision Plats that are submitted for review are field inspected by Zoning and Planning and Public Works staff to ensure compliance with any applicable Ordinance requirements and County standards.
2. Subdivision Streets and/or drainageways shall be inspected per the standards of Appendix A, Charleston County Road and Drainage Construction Standards, of this Ordinance.

Effective on: 1/1/1901, as amended

Final Plats shall be required for all Subdivisions.

Effective on: 1/1/1901, as amended

1. A.
   Final Plat Applications Requirements:

   1. 1.
      Applications for Final Plat approval shall be submitted to the Zoning and Planning Director on forms available in the Zoning and Planning Department. Seven copies and a digital file of the Final Plat shall be filed with the application.
   2. 2.
      Construction As-Builts shall be submitted by the owner's design engineer and/or surveyor demonstrating the Subdivision's roads and drainage infrastructure have been constructed in accordance with the approved plans. As-built drawings shall contain all items specified within the Charleston County Stormwater Permitting Standards and Procedures Manual. As-built drawings shall be approved by the Public Works Department prior to Final Plat approval.
   3. 3.
      The Covenants for Permanent Maintenance of Stormwater Facilities shall be recorded with the Register of Deeds (ROD) with approved as-builts attached as an exhibit before Final Plat approval.
   4. 4.
      The Final Plat shall be drawn in ink on a material specified by the Register of Deeds Office for recording, on sheets 22 inches by 34 inches in size, and at an engineer's scale of one-inch equals 100 feet or larger. Where necessary the plat may be on several sheets accompanied by an index sheet or key map insert showing the entire Subdivision. Where necessary, the size of the Plat may be adjusted to a smaller scale than one-inch equals 100 feet with the approval of the Zoning and Planning Director.
2. B.
   The Final Plat Shall Show the Following:

   1. 1.
      All proposed divisions of land shall be shown, including: each Lot showing Lot Lines, with bearings and distances; all Rights-of-Way; all Drainage Easements; names of all Streets; the locations of all Utility Rights-of-Way, and Utility Easements; all Structures; and all sites reserved or dedicated for public uses.
   2. 2.
      The title, scale (including graphic scale), north arrow (magnetic, grid, or true), date, name of Applicant, and the name of engineer or surveyor with South Carolina Registration Number shall be shown.
   3. 3.
      Block and Lot numbers suitably arranged by simple system.
   4. 4.
      The full names of adjacent landowners and Streets where known or available shall be given (with the Parcel identification numbers), and all intersecting boundaries or property lines shall be shown. Names of adjacent Property Owners may be omitted in established residential platted Subdivisions; however, legal block and Lot numbers and County Parcel identification numbers are required.
   5. 5.
      Certificates:

      1. a.
         The signature and seal of the registered land surveyor in accordance with the current Minimum Standard Manual for the Practice of Land Surveying in South Carolina.
      2. b.
         A notarized statement of Dedication by the Property Owner of Streets, Rights-of-Way, Easements, and any other sites for public or private use and warranty of title of property offered for dedication. If any change in ownership is made subsequent to the submission of the Plat and prior to the granting of final approval, the notarized statement of dedication shall be corrected accordingly.
      3. c.
         For any public dedication, a warranty deed for the transfer of the Right(s)-of-Way(s), Easement(s), or other sites for public use to the County on legal documents of the form suitable to the County must be provided.
      4. d.
         A statement that any Easements for utilities or other encroachments in the area to be dedicated for Streets, highways, drainage or other public or private use are subject to a binding provision that the costs of future relocation of any such encroachments due to the construction or maintenance of public improvements shall be borne by the holder of the Easement and/or Utility company.
   6. 6.
      All Easements shall include their location, width, and centerline.
   7. 7.
      The approved Office of Ocean and Coastal Resource Management (OCRM) Critical Line with signed approval statement on the Final Plat.
   8. 8.
      At the Zoning and Planning Director's discretion, the Applicant/surveyor may be required to show buffers and Setbacks on Lots less than one acre in size or on newly created Lots that may appear to have encroachment of Structures into a buffer or Setback. A 1,600 square foot buildable area with a minimum width of 20 feet must be shown within the Setbacks.
   9. 9.
      A wetland delineation prepared by an environmental consultant utilizing the 1987 Army Corps of Engineers Wetland Delineation Manual and the appropriate Regional Supplement(s) for Wetland Delineation, which must be reviewed and approved by the Charleston County Public Works Department (Stormwater Division), or a United States Army Corps of Engineers (USACE)approved jurisdictional determination (AJD) is required.
   10. 10.
       High land acreage and low land acreage (If applicable, Freshwater Wetland acreage and acreage within the Bureau of Coastal Management Critical Line).
   11. 11.
       Tree Surveys on Lots of one acre or less are to include Grand Trees on the entire Lot. Tree Surveys of Grand Trees may be requested upon site inspection if Lots greater than one acre appear to be unbuildable due to the presence of Grand Trees. All Grand Trees within 40 feet of the property line must be shown on the Plat.
   12. 12.
       Tree Surveys of all Grand Trees are required within access Easements, Drainage Easements, and Rights-of-Way. All Grand Trees within 40 feet or with canopies that encroach into the proposed Easement must be shown on the Plat.
   13. 13.
       Ownership and maintenance status of the Lot access shall be indicated for any newly-created Lots.
   14. 14.
       A vacant block shall be provided on each page of the Plat that is three inches by eight inches in dimension for Charleston County approval stamps and notations.
   15. 15.
       A statement indicating the flood zone(s), valid as of the date of approval of the Final Plat.
   16. 16.
       Total Impervious Surface Coverage pursuant to this Ordinance, as applicable. 
3. C.
   Accompanying Data

   1. 1.
      A certificate of title or a sworn affidavit establishing the ownership of the land to be recorded. If any change in ownership occurs subsequent to the date of the certificate of title or affidavit and prior to the granting of final approval, a new certificate of title or sworn affidavit establishing the ownership of the land shall be submitted to the Zoning and Planning Director.
   2. 2.
      In Subdivisions where existing public water and public Sewer systems have been extended and/or a new system installed, a certification of inspection and associated operating permits from the South Carolina Department of Environmental Services (DES) shall be submitted.
   3. 3.
      Restrictive covenants affidavit(s) signed by the Applicant or current Property Owner(s) in compliance with State law.
   4. 4.
      Should the Landowner/Developer decide to utilize Article A.2, Private Road Standards, of Appendix A, the following notes shall be placed on the Plat:

      1. a.
         Any future Subdivision of this Parcel, or road construction or extension of the existing roads shown hereon shall require compliance with applicable Charleston County Ordinances. Before Charleston County will consider acceptance of any Dedication of roads into the County road system, the Property Owner(s) shall construct the roads to County of Charleston Road Construction Standards;
      2. b.
         It is hereby expressly understood by the Property Owner, Developer, or any subsequent purchaser of any Lots shown on the plat that the County of Charleston is not responsible for the maintenance of the Streets, roads, common areas, drainage systems, and any other municipal services which include, but are not limited to, garbage disposal, public sewage, fire protection or emergency medical service;
      3. c.
         Be aware that the County of Charleston is not responsible for drainage and flooding problems relevant to the real property, and that emergency vehicles may have difficulty accessing the property;
      4. d.
         No public funds shall be used for the maintenance of the roads shown on the Plat; and
      5. e.
         This approval in no way obligates the County of Charleston to maintain the Easement or Right-of-Way until it has been both: (1) constructed to County standards and (2) accepted for maintenance by Charleston County Council; and
      6. f.
         Existing and proposed ingress/egress Easements and/or private Rights-of-Way that provide access to the Lots created by this Plat must be constructed, inspected, and approved in compliance with the Charleston County Zoning and Land Development Regulations Ordinance in the location shown on this Plat and shall be constructed from their point of connection to an existing publicly owned and maintained Right-of-Way to the Lot(s) proposed for Development prior to the issuance of Zoning Permits for new construction of Structures, with the exception of Additions/renovations to existing Structures that are legally permitted and new construction of Accessory Structures. In addition, Street Signs on named ingress/egress Easements and private Rights-of-Way shall be installed and inspected in compliance with the Charleston County Zoning and Land Development Regulations Ordinance.
   5. 5.
      Letters of Coordination. Letters of Coordination are required which acknowledge that the County and other agencies will be able to provide necessary public services, facilities, and programs to service the development proposed, at the time the Subdivision Plat is processed.
   6. 6.
      In all areas of special flood hazards where base flood elevation data is not available, the applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations for all Subdivision proposals and other proposed Developments containing at least five Lots or five acres, whichever is less.
4. D.
   Certification of Approval. When the Zoning and Planning Director has approved the Plat, a certificate noting such approval and carrying the signature of the Zoning and Planning Director shall be placed on the original drawing of said Plat.

(Ord. No. 2362, 10/14/2025) 

Effective on: 10/14/2025, as amended

Within 45 days of receipt of a complete Final Plat application, the Zoning and Planning Director shall review the proposed Final Plat and the reports from the Public Works Director and other affected agencies and respond to the Applicant regarding status of the Final Plat application. 

Effective on: 1/1/1901, as amended

Approval of a Final Plat shall not constitute acceptance of any public improvements. Such acceptance will require County Council acceptance of Dedication.Documents or instruments granting Easements within the area to be dedicated must provide that:

1. Future relocation or replacement costs of any encroachments, including, but not limited to Utilities, due to maintenance or construction of public improvements, is to be borne solely by the Easement holder/Utility company; and
2. The County will not be responsible for costs relating to future relocation or replacement of utilities or other encroachments made necessary by maintenance and/or construction of public improvements; and
3. All expenses pertaining to said relocation shall be paid for by the Easement holder/Utility company; and
4. Relocation shall be completed within 90 days from receipt of written request by the County or as otherwise agreed to by the County.

Effective on: 1/1/1901, as amended

Approved Final Plats shall be recorded by the Zoning and Planning Director with the Register of Deeds within 30 days of final approval. Notice to the Applicant shall be sent within a reasonable time following the date of the recording with the Register of Deeds. New deeds must be recorded simultaneously with Plats when:

1. The ownership of the previously platted Lots is changing; and/or

2. The simultaneous recording of deeds and Plats is otherwise required by this Ordinance.

Effective on: 1/1/1901, as amended

Any Person with a substantial interest in a Final Plat decision of the Zoning and Planning Director may appeal the decision to the Planning Commission by filing an appeal with the Zoning and Planning Director within 30 calendar days after the actual notice of the decision.

1. Appeal Powers. In exercising the appeal power, the Planning Commission may reverse or affirm, wholly or partly, or may modify the decision being appealed. In acting upon the appeal, the Planning Commission shall be authorized only to determine whether the decision of the Zoning and Planning Director was made in error. The Planning Commission shall not be authorized to approve modifications or waivers of Ordinance standards through the appeal process. If the Planning Commission determines that it is necessary to obtain additional evidence in order to resolve the matter, it may remand the matter to the Zoning and Planning Director, with directions to obtain such evidence and to reconsider the decision in light of such evidence.
2. Consideration of Evidence. The Planning Commission's decision shall be on the record; it shall consider only the same application, plans, and related project materials that were the subject of the original decision and only the issues raised by the appeal.
3. Burden of Persuasion or Error. In acting on the appeal, the Planning Commission shall grant to the Zoning and Planning Director's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
4. Approval Criteria. An appeal shall be sustained only if the Planning Commission finds that the Zoning and Planning Director erred.
5. Vote Required. A quorum of the Planning Commission shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Planning Commission. At least two-thirds of the members present, and voting shall be required to reverse a Final Plat decision of the Zoning and Planning Director.

[Commentary—Appeals of Zoning and Planning Director and other Subdivision-related Administrative Decisions (including decisions to reject applications as incomplete), shall be processed in accordance with Article 3.14, Appeals of Subdivision-Related Administrative Decisions, described in CHAPTER 3, Development Review Procedures.]

Effective on: 1/1/1901, as amended

1. Any Person with a substantial interest in a Final Plat (appeal) decision of the Planning Commission may appeal the Planning Commission decision to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after actual notice of the Planning Commission's decision.
2. At any time prior to appeal of a Planning Commission decision on a Final Plat (appeal) decision, the Applicant may request that the Planning Commission enter mediation. When mediation is requested, the Planning Commission shall assign one of its members as a representative in mediation proceedings. A vote of the Planning Commission in a public meeting shall be required to accept any mediated settlement. An accepted mediated settlement cannot waive the standards of this Ordinance. Prior to beginning talks, applicable time limits for review and action on Complete Applications must be extended by mutual agreement of the Applicant and Planning Commission.

Effective on: 1/1/1901, as amended

Markers shall be set in accordance with the minimum state standards practice for land surveying.

Effective on: 1/1/1901, as amended

Each Lot shall be laid out and designed to provide a 1,600 square foot buildable area with a minimum width of 20 feet, while complying with all other standards and requirements of this Ordinance.

Effective on: 1/1/1901, as amended

1. A.
   Lots shall comply with the Lot Area standards of the Zoning District in which the property is located, as well as  all other applicable standards of this Ordinance.
2. B.
   Depth of residential Lots shall not exceed five times the width of the Lot (a 1:5 ratio).
3. C.
   The Zoning and Planning Director may allow the Lot Width to depth ratio of 1:5 to be exceeded when any of the following conditions occur:

   1. 1.
      When attached dwellings are proposed;
   2. 2.
      Where additional depth is provided for marsh frontage Lots when the Lot Width to depth ratio is met and the property line is extended into the marsh or the property is bisected by or fronts on Freshwater Wetlands;
   3. 3.
      A Minor Subdivision of a parent tract, provided the following requirements are met:

      1. a.
         The minimum Lot Frontage for each Lot is not less than 250 feet;
      2. b.
         In no case shall the average Lot Width be less than 250 feet with the minimum Lot Width at any one point less than 200 feet;
      3. c.
         The property to be subdivided is located in an RM, AG-15, AG-10, or AG-8 Zoning District; or
   4. 4.
      All of the following criteria are met:

      1. a.
         The parcel is in a Rural or Agricultural Zoning District;
      2. b.
         The parcel is greater than 1 acre in size; and
      3. c.
         The Applicant has submitted to staff a complete Subdivision application and approval from SCDES for water and wastewater compliance prior to applying for this exemption.
4. D.
   Prescribed Lot Width requirements shall be for at least two-thirds of the depth of the Lot.

Effective on: 1/1/1901, as amended

1. A.
   Double-Frontage Lots shall be avoided except where essential to provide separation of residential Development from major Roadways or to overcome specific disadvantages of topography and orientation. An Easement with a minimum width of ten feet may be required to restrict access from the major Street or other area.
2. B.
   All Lots shall be provided with a means of access in conformance with the standards and specifications of this Ordinance.
3. C.
   Access from County Non-Standard Roads is only allowed for Manufactured Housing Units on individual Lots and Single-Family Detached Dwelling Units. 
4. D.
   All Flag Lots, Cul-de-Sac Lots, and privately accessed Lots shall comply with the International Fire Code, as adopted by County Council.
5. E.
   All ingress/egress Easements and private Rights-of-Way shall be: constructed in the location shown on the approved, recorded Plat; constructed to comply with the International Fire Code, as adopted by County Council, from their point of connection to an existing publicly owned and maintained Right-of-Way to Lot(s) proposed for Development; and inspected pursuant to Sec. A.2.5 , County Inspection, of this Ordinance.
6. F.
   The Zoning and Planning Director may allow use of a portion of an ingress/egress Easement or private Right-of-Way that was constructed prior to July 18, 2017 that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the ingress/egress Easement or private Right-of-Way to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the Applicant submits letters from the providers of emergency services for the Subject Properties stating they can access all properties utilizing the ingress/egress Easement or private Right-of-Way; and (3) all future portions of the ingress/egress Easement or private Right-of-Way comply with the International Fire Code.
7. G.
   For Properties within the Urban/Suburban Area, the Directors of the Zoning and Planning and Public Works Departments may require Rights-of-Way that provide access to be paved in compliance with APPENDIX A of this Ordinance.

(Ord. No. 2375, 01/27/2026)

Effective on: 1/27/2026, as amended

Flag Lots shall only be authorized when the Zoning and Planning Director determines that such Lot configurations are necessary to address Development constraints that are present on the site (e.g., Lot Width or wetland issues).

1. Permitted Use of Flag Lots. Flag Lots may be authorized when the Zoning and Planning Director determines that they will:
   1. Facilitate subdivision of a long narrow Parcel that has sufficient area but insufficient width to be otherwise subdivided.
   2. Eliminate multiple access points to Collector or Arterial Roads.
   3. Allow reasonable Development when the buildable area of a Parcel is restricted due to the presence of a natural resource or the irregular shape of a Parcel.
2. Prohibited Use of Flag Lots
   1. Flag Lots shall not be used to avoid the Development of Streets otherwise required by this Ordinance when the effect of such Flag Lots would be to increase the number of access points (driveways) on a publicly dedicated road Right-of-Way.
   2. Flag Lots may be denied when an adjoining parcel also has sufficient area but insufficient width to otherwise be subdivided. In such cases, platting can be accomplished by landowners of adjoining Parcels joining together to provide a full width Right-of-Way and road section.
3. Standards For Flag Lots
   1. Flag Lots shall have direct access to Streets that comply with this Ordinance.
   2. The area within the flagpole portion of a Flag Lot shall not be counted as Lot Area for the purpose of meeting the minimum Lot Area requirements of this Ordinance.
   3. The flagpole portion of a Flag Lot shall have a minimum width of 20 feet for its entire depth, and the depth or length of the flagpole shall not exceed 450 feet.
   4. As a condition of approval for a Flag Lot, an encroachment permit must be obtained from the appropriate agency governing access, and an Access Easement Agreement for shared access between the owner of the Flag Lot and the lot from which the Flag Lot was created is recorded in the Office of the Charleston County Register of Deeds.
   5. Dwelling groups are allowed on Flag Lots if they comply with all other the requirements of this Ordinance.

Effective on: 1/1/1901, as amended

Tree surveys shall comply with the following:

1. A.
   Lots within Subdivisions shall be laid out and designed to provide a buildable area on each Lot that does not require the removal of Grand Trees.
2. B.
   Tree protection standards are described in CHAPTER 9, Development Standards, of this Ordinance.
3. C.
   Tree Surveys on Lots of one acre or less shall include Grand Trees on the entire Lot. Tree Surveys of Grand Trees may be requested upon site inspection if Lots greater than one acre appear to be unbuildable due to the presence of Grand Trees. Tree surveys must include all Grand Trees on the Subject Parcel and within 40 feet of the property line.
4. D.
   Tree Surveys of all Grand Trees and Grand Tree canopies must be shown within access Easements, Drainage Easements, and Rights-of-Way.
5. E.
   When the Subject Property has Frontage along a designated Scenic Road, the Tree survey must show the location, number, size, and species of all Trees six inches DBH and greater in areas proposed to be disturbed within the Right-of-Way of the designated Scenic Road. 

Effective on: 12/21/2023, as amended

Pedestrian ways shall be provided in all major Subdivisions within the Urban and Suburban Areas of the County. Pedestrian ways shall be located on at least one side of proposed infrastructure and connect to common areas as well as to adjacent Parcels from the parent Parcel. The Zoning and Planning Director shall be authorized to require pedestrian ways along both sides of proposed infrastructure.

Effective on: 1/1/1901, as amended

Pedestrian ways within publicly dedicated Rights-of-Way shall conform to the construction details for sidewalks contained in Charleston County Road and Drainage Construction Standards, Appendix A. Unpaved, alternative surface walkways that are not within a Right-of-Way or Drainage Easement, and bike trails or walking trails that are designed to connect neighborhoods and provide access to common areas may be provided when approved by the Zoning and Planning Director.

Effective on: 1/1/1901, as amended

The installation of required sidewalks within proposed publicly dedicated Rights-of-Way can be postponed until after the Final Plat has been recorded, provided the following criteria have been met:

1. The other required road and drainage system improvements have been completed and accepted;
2. All Final Plat conditions and stipulations have been finalized;
3. An approved Financial Guarantee is posted of an amount sufficient to guarantee completion of the required sidewalk improvements (150 percent of the actual cost, verified by the Directors of the Public Works and Zoning and Planning Departments and certified by the Subdivision project engineer, a minimum of $10,000) within a time period not to exceed two years. The financial guarantee shall be in the form of a no-contest, irrevocable bank letter of credit or performance and payment bond underwritten by an acceptable licensed corporate surety, subject to County attorney approval. Prior to bond approval from the County attorney, the Applicant shall submit a complete, detailed, and itemized unit cost estimate for the completion costs of the proposed public sidewalk. Subject to the bond approval, the Applicant shall also agree to the terms and conditions below:
   1. Upon completion of the improvements as required by this Chapter, written notice thereof shall be given by the Applicant to the bond holder, who shall cause an inspection of the improvements to be made. The bond holder will, within 30 days of the date of notice, authorize in writing the release of the security given, provided improvements have been completed in accordance with the required specifications. Should the improvements not be completed in accordance with the required specifications by the date originally stipulated in writing by the bond holder, the funds derived from said bond will be used by the bond holder to complete the improvements according to required specifications, at the earliest reasonable time. Where it appears that the bond was insufficient to finance the required improvements after the Applicant has defaulted, County Council will assess the individual Applicant the cost of the improvements over and above the surety amount.
   2. In no instance will the bond issuer or bond holder be authorized to extend for the Applicant the completion date originally stipulated.
   3. Prorated refunds based on a percentage of overall completion shall not be authorized, with the exception of an irrevocable bank letter of credit.
   4. The acceptance of performance bonds in lieu of completed performance is made possible only by the introduction of effective occupancy control. This control will be coordinated with final approvals so as to ensure that all conditions covered by one or more bonds are completely fulfilled, except as specified in the Charleston County Building Code, before an occupancy permit can be issued by the County Building Inspections Services Director.
4. The Subdivision Developer must be issued an encroachment permit for construction of the entire Subdivision sidewalk system within the proposed Right-of-Way.

The required two-year Maintenance Guarantee period for the constructed public sidewalk will start once the entire sidewalk system has been completed and approved. The construction of the sidewalk on each individual Lot must be completed prior to issuing the Certificates of Occupancy.

Effective on: 1/1/1901, as amended

Street names proposed by the Applicant must be placed on reserve with the Charleston County 9-1-1 Consolidated Dispatch Center prior to submitting a Plat. See Article 3.15, Addressing and Street Names.

Effective on: 1/1/1901, as amended

Installation and maintenance of Street Signs on public and private roads or Easements are the responsibility of the Applicant, Developer, Home Owners Association, or Property Owners in accordance with the Charleston County Road Construction Standards in Appendix A, Charleston County Road and Drainage Construction Standards, of this Ordinance and MUTCD Standards Street signs for named ingress/egress Easements and public and private Right-of-Way shall be installed and inspected pursuant to Sec. A.2.5, County Inspection, of this Ordinance.

Private road Signs installed within Charleston County Public Rights-of-Way shall conform to the applicable requirements APPENDIX A, Charleston County Road and Drainage Construction Standards. Once installed, the Sign must pass inspection pursuant to Sec. A.2.5, County Inspection, prior to acceptance for public maintenance.

Effective on: 1/1/1901, as amended

The process of subdividing property and/or creating access to a Lot(s) may affect the addresses on the Subject Property and/or adjacent properties and may affect the names of existing roads and/or Easements. It is the responsibility of the Applicant to ascertain from the Zoning and Planning Department and Charleston County 9-1-1 Consolidated Dispatch Center (CDC) if the proposed Subdivision will impact existing addresses or road/Easement names and comply with the following requirements prior to Final Plat approval:

1. If the proposed Subdivision will affect addresses on the subject property and/or adjacent properties, the Applicant must submit affidavits signed by all owners of all affected properties stating they are aware of the pending address changes and understand that their addresses will be changed by the CDC following approval and recording of the proposed Subdivision.
2. If the proposed Subdivision requires existing roads or Easements to be named or renamed, the Applicant must work with affected Property Owners to file a road name/road name change petition, along with a Plat showing the proposed location of the road/Easement to be named/renamed, with the CDC for review and approval. Upon approval of a road name by the CDC, the Applicant shall submit to the Zoning and Planning Department a revised Plat showing the road/Easement name in the approved location, the road name/road name change petition, and documentation of the CDC approval. If such road naming/renaming results in the changing of addresses, the requirements of subsection A above shall also apply.

Effective on: 1/1/1901, as amended

Right-of-Way and stormwater management/drainage systems that are to be dedicated to Charleston County for public maintenance shall be under warranty for all defects and failures for a period of two years. In the event that the Zoning and Planning Director determines that an existing public Right-of-Way or drainage system is altered or significantly improved by a third party, a Maintenance Guarantee as detailed within this section shall be required. Prior to Final Plat approval, the Developer shall provide written verification of financial responsibility for the correction of any defects and/or failures in those related improvements that will be dedicated to the county. The warranty shall be in an amount of at least 20 percent of the construction costs. The cost amounts shall be verified by the Public Works Director. The warranty shall be effective for a period of two years from the date of acceptance by the County Council. The financial warranty shall be in the form of a no-contest, irrevocable bank letter of credit, a performance and payment bond underwritten by an acceptable corporate surety. Payment is subject to County Attorney approval of the guarantee to determine that the interests of Charleston County are protected. The Public Works Director shall maintain surveillance over the system and provide written notification to the Developer if Repair work is required during the warranty period. The Public Works Director shall identify defects not considered to be a public safety issue and notify the Developer of such defects. The Developer shall then have 30 days to prepare a schedule of corrective actions and begin such corrective actions. If not completed within the approved schedule, the Public Works Director shall make the repairs and bill the bonding company. Public safety defects shall be addressed immediately by the Public Works Director, with reimbursement from the bonding company.

Effective on: 1/1/1901, as amended

Conservation Subdivisions implement the Charleston County Comprehensive Plan by encouraging residential Development in the Rural Areas to maintain rural character and conserve land, promoting compact Development form, and preserving natural features. The guidelines for site development emphasize setting aside and conserving the most sensitive areas of a site, with the Development of Building Lots on the remaining less sensitive areas.

Effective on: 1/1/1901, as amended

Conservation Subdivisions implement Land Use Strategy 9 of the Comprehensive Plan, which states "Continue innovative planning and zoning techniques such as Clustering or Conservation Design and Form-based Zoning District regulations" as well as the Future Land Use Residential Density recommendation for the Rural Residential Future Land Use category as contained in Comprehensive Plan Table 3.1.1, Future Land Use Residential Densities. Conservation Subdivisions shall comply with the applicable Rural Area Purpose and Intent contained in Chapter 3 of the Charleston County Comprehensive Plan.

(Ord. No. 2317, 10/29/2024)

Effective on: 10/29/2024, as amended

Conservation Subdivisions shall be allowed within the RR, Rural Residential Zoning District. In case of conflict between the regulations of this Article and other regulations in this Ordinance, the regulations of this Article shall control. Where no special Conservation Subdivision regulation is stated in this Article, the regulations of the applicable Zoning District and all other applicable provisions of this Ordinance shall apply.

(Ord. No. 2317, 10/29/2024)

Effective on: 10/29/2024, as amended

The Preliminary Plat and Final Plat Subdivision regulations outlined in Chapter 8, Subdivision Regulations, of this Ordinance shall apply to conservation Subdivisions. A pre-application Sketch Plan review meeting with County staff shall be required prior to Preliminary Plat submittal.

Effective on: 1/1/1901, as amended

The Conservation Subdivision process shall include:

1. Resource Analysis/Mapping. The Applicant shall identify and map significant natural and cultural resources within the Development boundaries. The resource analysis shall identify two categories of resources: primary Conservation Areas and secondary Conservation Areas. Primary Conservation Areas include bodies of water, wetlands, floodplains, wildlife habitat, significant vegetation (particularly Grand Trees and Protected Trees), Historic Buildings, and any historical or archaeological sites. Secondary Conservation Areas include, but are not limited to, areas of active agricultural use(s), scenic vistas, and lands with recreational opportunities. The resource analysis may also show any resources and protected Open Space on neighboring Parcels, through aerial photography and other readily accessible documentation, which may enhance the proposed Conservation Subdivision. All Conservation Subdivision applications shall include a resource analysis map and calculations for the Conservation Area.
2. Sketch Plan Review. The Applicant shall schedule a pre-application sketch plan review meeting with County staff. At that time, the Applicant shall submit a detailed sketch plan delineating Conservation Areas and cluster Lot Development areas based on the resource analysis map. Significant cultural and natural resources identified on the resource analysis map shall be included in Conservation Areas. The sketch plan review is intended to ensure that the property improvements are in compliance with conservation Subdivision requirements of this Ordinance and the Comprehensive Plan.
3. Preliminary Plat Review and Approval. Based on the resource analysis map and sketch plan review, the Applicant shall submit a Plat for Preliminary Plat review and approval, in compliance with the requirements of this Article and with CHAPTER 8, Subdivision Regulations, of this Ordinance. The Preliminary Plat shall identify the Conservation Areas and cluster Lot Development areas.
4. Final Plat Review and Approval. The Applicant shall submit a conservation Subdivision Plat for Final Plat review and approval, in compliance with the requirements of this Article and with Chapter 8, Subdivision Regulations, of this Ordinance. The Final Plat shall identify the Conservation Areas and cluster Lot Development areas.

Effective on: 1/1/1901, as amended

Conservation subdivisions shall be subject to the following Density/Intensity and Dimensional Standards:

 (Ord. No. 2317, 10/29/2024)

Effective on: 10/29/2024, as amended

One of the following standards must be utilized to determine the Lot configuration and number of Lots to be located along an OCRM Critical Line.

1. A.
    When a 50-foot to 74.9-foot Setback from the OCRM Critical Line is utilized on private Lots in a Conservation Subdivision:

   1. 1.
      The total number of waterfront Lots created shall not exceed the total number of waterfront Lots that could be developed based on a 135-foot Lot Width average.
   2. 2.
      A 35-foot buffer from the OCRM Critical Line must be maintained, as required by Sec. 8.14.9.C below.
   3. 3.
      A Private Dock or Joint Use Dock may be utilized.
2. B.
    When a minimum 75-foot Setback from the OCRM Critical Line is utilized on private Lots in a Conservation Subdivision:

   1. 1.
      The total number of waterfront Lots created shall not exceed the total number of waterfront Lots that could be developed based on a 100-foot Lot Width average.
   2. 2.
      A 35-foot buffer from the OCRM Critical Line must be maintained, as required by Sec. 8.14.9.C below.
   3. 3.
      If a Dock is desired, a Joint Use Dock shall be utilized.
3. C.
     When a 100-foot Setback from the OCRM Critical Line is utilized as protected Open Space through a Conservation Area in a Conservation Subdivision:

   1. 1.
      The total number of Lots created shall only have to meet the dimensional standards listed in Sec. 8.14.6, above, and shall not be calculated based on any Lot Width average.
   2. 2.
      A 35-foot buffer from the OCRM Critical Line must be maintained, as required by Sec. 8.14.9.C below.
   3. 3.
      If a Dock is desired, a Community Dock must be utilized; however, the Community Dock shall be exempt from the Special Exception requirement.

(Ord. No. 2317, 10/29/2024) 

Effective on: 10/29/2024, as amended

Conservation Areas shall be located to preserve significant resources and shall comply with the following requirements:

1. Conservation Areas shall be detailed on each Sketch Plan and recorded with the Final Plat or separate instrument.
2. Conservation Areas may include unimproved land, agricultural lands, natural landscapes, landscaped areas, improved recreation areas, recreational Buildings, and Structures that are totally accessory to agricultural or recreational uses, as well as Freshwater Wetland areas and surface water pursuant to the requirements of this Article. OCRM Critical Line Area shall not qualify as part of the Conservation Area. Conservation Areas shall not be occupied by Streets, drives, parking areas, or Structures, other than agricultural or recreational Structures.

3. When a Conservation Area includes existing Freshwater Wetlands, only 75 percent of the area of such Freshwater Wetlands shall qualify as part of the Conservation Area

4. When a Conservation Area includes existing or proposed water bodies or watercourses, only 50 percent of the area of such water bodies and/or watercourses shall qualify as part of the Conservation Area.

5. If the Conservation Area is forested at the time of the Resource Analysis/Mapping, then the lesser of (i) at least 75 percent of the Conservation Area; or (ii) the gross acreage of the Conservation Area which is forested at the time of the Resource Analysis/Mapping, shall be maintained in an undisturbed canopy.

6. To the extent reasonably feasible, the Conservation Area shall be contiguous and not divided into unconnected small Parcels.

7. Conservation Areas shall be provided within each phase of the conservation Subdivision in sufficient amounts to serve the expected population of that phase.
8. The Applicant must have proof of commitment from the entity that will be responsible for the Conservation Area prior to the recording of a Plat. Conservation Areas shall be conveyed prior to recording the Final Plat, in accordance with one of the methods listed below:
   1. By Dedication to the County as publicly owned Open Space. Parks, Conservation Areas, and recreation facilities proposed for dedication to the County must be acceptable to the Parks and Recreation Commission, Planning Commission, County Council, and other governmental entities with regard to the size, shape, location, improvement, environmental condition (i.e., the Applicant may be required to provide an environmental assessment), and budgetary and maintenance terms; or
   2. By leasing, conveying, or retaining title to a corporation, homeowner’s association or other legal entity. The terms of such lease or other instrument of conveyance must restrict the use of the Conservations Area(s) to Open Space and/or agricultural or recreational uses.

Effective on: 1/1/1901, as amended

Generally, a Conservation Subdivision has three primary characteristics: smaller Building Lots; more Open Space; and protection of cultural and natural features and agricultural lands.

1. A.
   Vehicular Access. The requirements of APPENDIX A, Charleston County Road and Drainage Construction Standards, of this Ordinance shall apply. Lots shall be configured to minimize the amount of Roadway and driveway length. Shared driveways shall be utilized in order to minimize impervious surfaces. The use of pervious materials for driveway construction is required.
2. B.
   Pedestrian Access. Pedestrian access shall be provided from all residential Lots to the Conservation Area(s) through a continuous system of pervious walkways and/or trails. Access corridors in an Easement a minimum of 10 feet in width shall be utilized to separate clusters of contiguous Lots and to connect the Conservation Area(s) to the Right-of-Way and trail system.
3. C.
   Buffers. The conservation Subdivision Development shall be designed to preserve existing non-invasive vegetation. A 35-foot minimum natural undeveloped buffer shall be Preserved along the external perimeter and/or property line of the conservation Subdivision Development, as well as along all OCRM Critical Lines, in order to protect natural features and retain the rural community character. The buffer may be included within the Conservation Area(s) or within individual Parcels.

(Ord. No. 2317, 10/29/2024) 

Effective on: 10/29/2024, as amended

One maximum 600 square foot detached Accessory Dwelling Unit is allowed on Lots that do not abut an OCRM Critical Line. Accessory Dwelling Units shall not be permitted on waterfront Lots.

Effective on: 1/1/1901, as amended