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Folly Beach City Zoning Code

CHAPTER

167: SUBDIVISION STANDARDS

§ 167.01-01 Purpose and Intent.

   The purpose of this chapter is to provide for the standards for the subdivision of land within the city. These provisions are intended to:
   (A)   Provide for harmonious, orderly, and progressive land development to promote the public health, safety, economy, good order, appearance, convenience and general welfare of the citizens of the city;
   (B)   Encourage the development of an economically sound and stable municipality;
   (C)   Assure, in general, the wise and timely development of new areas or redevelopment of areas in harmony with the Comprehensive Plan;
   (D)   Assure the timely provisions of required streets, utilities and other facilities and services to new land development; and
   (E)   Assure safe and convenient traffic access and circulation, both vehicular and pedestrian, in and through new land developments.
(Ord. 05-10, passed 3-23-10)

§ 167.01-02 Applicability.

   (A)   General. Unless exempted by § 162.03-07(A)(2), Exemptions, the standards in this section shall be minimum standards that apply to all subdivisions of land in the city.
   (B)   Installation of required public improvements. All required public improvements shall be installed prior to the approval of a final subdivision plat (See § 162.03-07(D)(9)), in accordance with the standards in this section.
(Ord. 05-10, passed 3-23-10)

§ 167.01-03 General Requirements.

   (A)   Subdivision improvements shall be installed in accordance with the requirements and standards set forth in this section and other specifications and policies of the city and the state.
   (B)   No construction or installation of improvements shall begin in a proposed subdivision until the preliminary plat has been approved by the Planning Commission and all applicable permits have been issued.
   (C)   All public agencies shall have access to the premises and structures of a subdivision under this section during reasonable business hours to make those inspections as deemed necessary by them to ensure compliance with the provisions of this section.
   (D)   Before beginning any work within the subdivision, the developer or developer's contractors shall make arrangements with those public agencies charged with the enforcement of the provisions of this chapter to provide for adequate inspection of the improvements.
   (E)   Approval of the final plat for recording shall not be given by the Planning Commission unless the developer has installed the required improvements as herein specified and required.
   (F)   Field changes based on site conditions shall be approved by the city prior to issuance of a final plat, but changes to lot lines or road alignments shall require approval by the Planning Commission in accordance with § 162.03-07, Subdivision.
(Ord. 05-10, passed 3-23-10)

§ 167.01-04 Subdivision Design Standards.

   (A)   Markers. Markers shall be constructed of steel rods or iron pipes not less than 5/8-inch in diameter and not less than 30 inches long and shall be placed vertically in the ground at the following locations:
      (1)   All angles formed by intersection of lot lines; and
      (2)   All exterior corners of the subdivision.
   (B)   Lots. Lots in new subdivisions shall comply with the following standards:
      (1)   All lots shall be accessible by streets built to the minimum county standard.
      (2)   The lot size, width, shape, grade and orientation shall be in relation to street and block design, existing and proposed topographical and natural vegetative conditions, and the type of development and use contemplated.
      (3)   Corner lots shall be of sufficient size and shape to permit required building setback and orientation to both streets.
      (4)   When a residential subdivision is proposed that would abut an arterial, it shall be designed to provide through lots along the arterial with access from a frontage road or interior local road. Access rights of these lots to the arterial shall be dedicated to the city and recorded with the deed.
      (5)   Any remnants of land not meeting all the requirements of this ZDO for the required lot size shall be either incorporated in existing or proposed lots or preserved as open space set-aside.
      (6)   Flag lots shall comply with the following standards:
         (a)   Flag lots shall not be permitted when their effect would be to increase the number of properties requiring direct and individual access connections to the state highway system or other major thoroughfares.
         (b)   Flag lots may be permitted for residential development, when deemed necessary to achieve planning objectives, such as preserving natural or historic resources under the following conditions:
             1.   Flag lot driveway shall be separated from other driveways by at least the minimum lot width requirement of the zoning district.
            2.   The flag lot driveway shall have a minimum width of 21 feet.
            3.   In no instance shall flag lots constitute more than 10% of the total number of building sites in a subdivision.
            4.   The lot area occupied by the flag lot driveway shall not be counted as part of the required minimum lot area of that zoning district.
   (C)   Streets. Public streets shall comply with the following standards:
      (1)   Street design.
         (a)   All shoulders and slopes shall be prepared in compliance with the State Department of Highways and Public Transportation, Standard Specifications for Highway Construction, latest edition.
         (b)   Streets shall be designed in accordance with all state requirements.
         (c)   All shoulders and slopes shall be protected from erosion.
         (d)   Subdivisions with frontage on the state highway system shall be designed with shared access points to and from the highway.
         (e)   Normally a maximum of two accesses shall be allowed regardless of the number of lots or businesses served.
         (f)   Direct access to individual one- and two-family dwellings shall be prohibited on the state highways.
         (g)   Roadways built in coastal watersheds shall be designed and located so as to prevent pollution of runoff water or interference with natural drainage patterns.
         (h)   Major roadways within the coastal flood plain shall be located parallel to land drainage flow (generally, perpendicular to the coast).
         (i)   Essential minor roadways shall be designed to facilitate the flow of land drainage and coastal waters.
         (j)   Essential wetland, tideland and estuarine crossings shall be built as elevated structures.
         (k)   Bridge structures shall be designed so as not to impede or reduce the natural volume or rate of flow of water.
         (l)   Lots on Center Street shall be limited to one curb cut with a maximum width of ten feet.
         (m)   Lots in the RSF and RTF districts shall be limited to two curb cuts separated by at least ten feet.
      (2)   Street signs.
         (a)   Street name signs shall be installed at all intersections by the subdivider. The design, construction, materials and placement of all street name signs shall conform to the requirements of the city, or a comparable street name and house numbering plan approved by the Planning Commission.
         (b)   Stop signs shall be placed at all cross type and "r" type intersections in conformance with the requirements contained in the State Manual on Uniform Traffic Control Devices for Streets and Highways.
      (3)   Street names.
         (a)   The preliminary plat as submitted shall not indicate any names for proposed streets. The Planning Commission shall name all roads upon recommendation of the Zoning Administrator. The Zoning Administrator shall consult the applicant and the local postmaster prior to rendering its recommendation to the Planning Commission. Names shall be sufficiently different in sound and spelling from other road names so as not to cause confusion.
         (b)   A road which is or is planned as a continuation of an existing road shall bear the same name.
      (4)   Street connectivity.
         (a)   The street system of a proposed subdivision shall be designed to coordinate with existing, proposed, and planned streets outside of the subdivision.
         (b)   Whenever a proposed development abuts unplatted land or a future development phase of the same development, street stubs shall be provided as deemed necessary by the Department of Public Works to provide access to abutting properties or to logically extend the street system into the surrounding area.
         (c)   All street stubs shall be provided with temporary turnarounds or cul-de-sacs unless specifically exempted by the city, and the restoration and extension of the street shall be the responsibility of any future developer of the abutting land.
         (d)   Collector streets shall intersect with collector or arterial streets at safe and convenient locations.
         (e)   Sub-collector and local residential access streets shall connect with surrounding streets to permit the convenient movement of traffic between residential neighborhoods or facilitate emergency access and evacuation, but the connections shall not be permitted where the effect would be to encourage the use of such streets by through traffic.
         (f)   Subdivisions on a single residential access street ending in a cul-de-sac or dead end shall not exceed 25 lots or dwelling units, and the cul-de-sac shall have a minimum cartway radius of 35 feet.
         (g)   Sight distance triangle.
            1.   No object or sign shall interfere with visibility within the sight distance triangle of an intersection of public streets (assuming eye level at three and one-half feet to six feet from a distance of 15 feet from the edge of the pavement) (See Figure 167.1: Sight Distance Triangle.).
            2.   The length of the sight distance triangle shall be calculated in accordance with Table 167.01, Sight Distance Triangle Determination.
TABLE 167.01: SIGHT DISTANCE TRIANGLE DETERMINATION
# OF LANES
MINIMUM SIGHT DISTANCE
(In feet per every 10 mph of street design speed)
TABLE 167.01: SIGHT DISTANCE TRIANGLE DETERMINATION
# OF LANES
MINIMUM SIGHT DISTANCE
(In feet per every 10 mph of street design speed)
2
100
3
110
4
120
5
125
6
130
Example: A two-lane street with a design speed of 35 mph would require a minimum sight distance of 350 feet from the edge of an intersection (100 x 35 = 350)
 
            3.   
 
         (h)   Sight triangles. Wherever an alley, private drive, or driveway intersects with a public street, the following standards apply:
            1.   Street/alley sight triangle. No visual obstruction over three and one-half feet in height shall be permitted within the 25-foot sight distance triangle created at the intersection of an alley and street. As depicted in Figure 167.02, Sight Triangles, the triangle is measured from a point where the curb line and the center line of the alley meet. The distance from this point shall be 25 feet along the street curb line ("B") and 25 feet along the alley center line ("A"). The third side of the triangle ("C") connects these two sides, creating the sight distance triangle.
            2.   Garage entrance/alley sight triangle. No visual obstruction over three and one-half feet in height shall be permitted within the six-foot sight distance triangle created at the intersection of a garage entrance and alley.
            3.   Driveway/street sight triangle. No visual obstruction over three and one-half feet in height shall be permitted within the ten-foot sight distance triangle created at the intersection of a driveway and street.
 
         (i)   Vertical curves. Minimum stopping sight distance shall be in accordance with Table 167.02, Minimum Sight Stopping Distance Standards:
 
TABLE 167.02: MINIMUM STOPPING DISTANCE STANDARDS
STREET TYPE
REQUIRED MINIMUM SIGHT STOPPING DISTANCE (FT)
DESIGN SPEED (MPH)
Place, lane, sub-collector and lower order streets
150
25
Residential and major collector
225
35
Arterial
As determined by SCDOT
 
   (D)   Blocks.
      (1)   Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth. Exceptions to this standard shall be permitted in blocks adjacent to arterial streets, railroads, or waterways.
      (2)   No block shall be less than 600 feet in length. Where practicable, blocks along highways and arterials and collector streets shall be not less than 1,000 feet in length and no more than 1,400 feet in length.
      (3)   Pedestrian ways or crosswalks, not less than ten feet wide, shall be required through the center of blocks more than 800 feet long where deemed essential to provide circulation or access to schools, playgrounds or other community facilities.
   (E)   Sidewalks and pedestrian access.  
      (1)   Sidewalks may be required.
      (2)   Sidewalks shall be included within the dedicated right-of-way when indicated by the Planning Commission. Multi-use paths may be substituted for sidewalks on a case-by-case basis.
      (3)   A median strip of grassed or landscaped areas at least two feet wide shall separate all sidewalks from adjacent roads.
      (4)   The Planning Commission may require, in order to facilitate pedestrian access from the roads to parks, playgrounds or other nearby roads, perpetual unobstructed easements at least 20 feet in width.
   (F)   Easements.
      (1)   Easements shall be provided as required herein for this chapter for road rights-of-way and as required for the installation and maintenance of all utility systems.
      (2)   All easements shall be indicated on the preliminary and final subdivision plat.
   (G)   Connectivity. Street and sidewalk systems shall be configured to encourage interconnectivity between new developments and existing developed areas.
   (H)   Stormwater drainage.
      (1)   A drainage system shall be designed and constructed by the subdivider consistent with the design principals and standards in this ZDO and adequate to provide proper drainage of the surface water of the subdivision, the drainage area of which it is a part and the protection of downstream property owners from any increased runoff due to development. The following standards shall apply to all new subdivisions.
      (2)   Drainage easements shall be provided so that hazards to properties within the proposed subdivision are minimized and neighboring properties will not be adversely affected by the increased run-off after development.
      (3)   Where conditions make impractical the inclusion of drainage facilities within road rights-of-way, perpetual, unobstructed easements at least 15 feet in width for drainage facilities shall be provided across the property with satisfactory access to the road.
      (4)   Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities, but in no case shall they drain to the ocean or river.
      (5)   Where practicable, drainage easements shall center along or be adjacent to a common property line.
      (6)   When a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of the watercourse, and of the width and construction as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.
      (7)   Low-lying lands along watercourses subject to flooding or overflowing during storm periods shall be preserved in their natural state as drainage ways.
      (8)   Unless otherwise specified, the applicant shall be responsible for general maintenance of easements. The city or utility companies with lines in the easements shall have full right of access.
      (9)   All stumps, debris, trash and fallen trees within the easement right-of-way shall be cleared and removed by the subdivider.
   (I)   Sanitary sewer. A sanitary sewage disposal system shall be designed and constructed by the subdivider consistent with this ZDO and all other city requirements.
   (J)   Water supply.
      (1)   A potable water system shall be designed and constructed by the subdivider consistent with this ZDO and all other city requirements.
      (2)   Where a public water supply is reasonably accessible, the developer shall indicate a connection with the water supply and a water connection for each lot of a size, length, and material specified by the Public Works Department.
      (3)   Fire hydrants shall be required for all subdivisions connected to a public water system.
      (4)   Fire hydrants shall be located no more than 1,000 feet apart and within 500 feet of any structure and shall be approved by the Fire Department.
   (K)   Utilities. 
      (1)   Adequate areas of suitable size and location shall be allocated for utility easements.
      (2)   The location and size of the easements shall be worked out with the public and private utilities involved, shall center along or be adjacent to a common property line where practicable, and shall be installed underground except where unusual circumstances prohibit the practice.
      (3)   Each cul-de-sac or dead end street shall have provisions for a 15-foot utility easement extending along the property line to prevent dead-end utilities.
      (4)   Unless otherwise specified, the applicant shall be responsible for general maintenance of easements. The city or utility companies with lines in the easements shall have full right of access.
      (5)   All stumps, debris, trash and fallen trees within the easement right-of-way shall be cleared and removed by the subdivider.
(Ord. 05-10, passed 3-23-10)

§ 167.02-01 Purpose and Intent.

   Conservation subdivisions are an alternative development pattern intended to preserve and protect open space and significant natural resources by allowing a developer to cluster home sites around critical areas. The conservation subdivision option shall not be used to increase the net density of a development. The purpose of this section is to provide standards for a conservation subdivision.
(Ord. 05-10, passed 3-23-10)

§ 167.02-02 Applicability.

   Development utilizing the conservation subdivision option shall be limited to new developments of three or more acres located within the RSF District.
(Ord. 05-10, passed 3-23-10)

§ 167.02-03 Procedure.

   Development utilizing the conservation subdivision option shall be approved in accordance with § 162.03-07(D), Subdivision Preliminary Plat.
(Ord. 05-10, passed 3-23-10)

§ 167.02-04 Conservation Subdivision Standards.

   A conservation subdivision shall:
   (A)   Not exceed a density of four units per developable acre of land;
   (B)   Include lots no smaller than 6,000 square feet of developable area;
   (C)   Maintain minimum lot widths of 30 feet or more;
   (D)   Include an undisturbed buffer with a minimum width of 25 feet adjacent to all SCDES critical areas;
   (E)   Provide a minimum front and rear yard setback of ten feet;
   (F)   Provide a minimum side yard setback of five feet; and
   (G)   Reserve at least 35% of the total site acreage as open space set-aside.
(Ord. 05-10, passed 3-23-10; Am. Ord. 001-25, passed 2-11-25)

§ 167.02-05 Open Space Set-Aside and Buffer Standards.

   Open space set-aside areas and buffers in conservation subdivisions shall comply with the following standards:
   (A)   Open space set-aside design standards. Open space set-asides shall comply with the design standards in § 166.03-05, Design Standards for Open Space Set-Asides.
   (B)   Allowable uses. The following uses shall be permitted within open space set-asides and buffers within conservation subdivisions:
      (1)   Passive recreational uses in accordance with § 166.03-04(G)(2), Passive Recreational Uses:
      (2)   Docks;
      (3)   Water supply and septic systems; and
      (4)   Required drainage or other utility easements.
   (C)   Tree canopy retention. Except as needed for streets, public utilities, or water supply or septic systems, removal of existing tree canopy from open space set-aside areas or buffers is prohibited.
   (D)   Ownership requirements.
      (1)   Ownership of open space set-aside areas. The open space set-aside area shall comply with the ownership requirements in § 166.03-05, Ownership of Open Space Set-Asides.
      (2)   Ownership of buffers, common areas, and docks. The ownership of buffers, common areas, and docks shall comply with the standards set forth in § 166.03-05, Ownership of Open Space Set-Asides.
   (E)   Maintenance of buffers, common areas, and docks. Maintenance of buffers, common areas, and docks shall comply with the standards set forth in § 166.03-06, Maintenance of Open Space Set-Asides, and the following standards:
      (1)   Commons areas intended for stormwater management or recreation shall be provided with permanent access via direct frontage on a right-of-way or easement.
      (2)   Maintenance of buffers and common areas intended for conservation shall be limited to removal of litter, dead tree and plant materials, and brush.
      (3)   A community dock, where provided, shall be located adjacent to common area on high ground. The common area shall be directly adjacent to a right-of-way serving the community. Residents within the community shall be able to directly access the community dock on foot.
      (4)   All buffers, common areas, and community docks shall be maintained so that their use and value are not diminished or destroyed.
(Ord. 05-10, passed 3-23-10)

§ 167.03-01 General.

   Improvement guarantees, posted in accordance with the requirements of this subsection, shall be required for the replacement of trees and required vegetation.
(Ord. 05-10, passed 3-23-10)

§ 167.03-02 Bonding Prohibited.

   No bonding of the installation of required public improvements shall be accepted.
(Ord. 05-10, passed 3-23-10)

§ 167.03-03 Performance Guarantees.

   (A)   Form of performance guarantee. Where required, the owner/developer shall furnish a performance guarantee in any of the following acceptable forms:
      (1)   Cash deposit with the city;
      (2)   Certified check from a South Carolina lender based upon a cash deposit, in a form acceptable to the City Attorney;
      (3)   Irrevocable letter of credit from a South Carolina banking institution in a form acceptable to the City Attorney; or
      (4)   Any other financial security found acceptable by the City Attorney. Performance bonds will not be accepted.
   (B)   Amount of performance guarantees.
        (1)   Performance guarantees required for replacement vegetation shall equal 125% of the cost of the materials and labor associated with installation.
      (2)   Whenever guarantees are renewed, the city may require the guarantee be updated based on a standard engineering cost index to reflect increases in construction costs over time.
(Ord. 05-10, passed 3-23-10)

§ 167.03-04 Forfeiture of Security.

   (A)   Notice of failure to install or complete improvements. If a person fails to properly install, repair, and/or maintain all required vegetation within the time-frames established by this section, the city shall give 30 days written notice by certified mail, after which time the city may draw on the security and use the funds to purchase and install required vegetation.
   (B)   City completion of improvements. After completing the required public improvements, the city shall provide a complete accounting of the expenditures to the person with an interest in the security and, as applicable, refund all unused security deposited, without interest.
(Ord. 05-10, passed 3-23-10)