This chapter describes the procedures for review and approval of all applications for development activity in the City of Hardeeville. Common procedures, which are applicable to all or most types of development applications, are in Section 7.2. Subsequent sections contain additional provisions that are unique to each type of application, including specific staff and review board assignments, review standards, and other information that varies by procedure.

A.

Applicability. The common procedures of this Section 7.2.B. shall apply to all applications for development activity under this Ordinance unless otherwise stated.

B.

Pre-Application Conferences.

1.

Purpose. The purpose of a pre-application conference is to familiarize the applicant and the city staff with the applicable provisions of this Ordinance that are required to permit the proposed development.

2.

Applicability.

a.

Required for New Applications. A pre-application conference is required prior to submittal of the following types of applications:

i.

Street and Development Name Approval

ii.

Sign Permit

iii.

Tree Permit

iv.

Zoning Permit

v.

Building Permit

vi.

Development Permit

vii.

Site Plan Approval

viii.

Map Amendment (Rezoning)

ix.

Text Amendment

x.

Planned Development District (PDD)

xi.

Subdivision/development

xii.

Variance

No application for these types of approvals shall be accepted until after the pre-application conference is completed and the applicant receives written notification of the conclusions. This review shall take place prior to any substantial investment, such as land acquisition for a proposed development, site and engineering design, or the preparation of other data.

b.

Optional for All Other Applications. A pre-application conference is optional prior to submission of any other application under this Title not listed in subsection a. above.

c.

Waiver. The Planning Director may waive the pre-application requirement if the Planning Director finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver. The waiver shall be made in writing and shall become a part of the case record for the application.

3.

Initiation of Pre-Application Conference. The potential applicant shall request a pre-application conference with the Planning Director. Prior to the pre-application conference, the applicant should provide to the Planning Director a description of the character, location, and magnitude of the proposed development and any other draft documents such as maps, drawings, models, and the type of development permit sought.

4.

Pre-Application Conference Content. The Planning Director shall schedule a pre-application conference after receipt of a proper request. At the conference, the applicant, the Planning Director or designee, and any other persons the Planning Director deems appropriate and available to attend shall discuss the proposed development. Based upon the information provided by the applicant and the provisions of this Ordinance, the parties should discuss in general the proposed development and the applicable requirements and standards of this Ordinance.

5.

Issues to Address at Pre-Application Conference. The following items should be covered in the pre-application conference:

a.

Applicability of city policies, plans, and requirements as they apply to the proposed development.

b.

Appropriateness of the development with respect to the policies set forth in the comprehensive plan and the regulations in this Ordinance.

c.

Need, if any, to prepare a subdivision plat and/or site plan.

d.

Any concerns or requirements related to the anticipated impact upon public rights-of-way and public improvements, and appropriate requirements to mitigate those impacts, including but not limited to traffic impact assessments.

e.

Any concerns related to neighborhood impacts, land use, landscaping concepts, and overall project design.

f.

Possible alternatives or modifications related to the proposed application.

g.

Procedures that will need to be completed to review and act on the proposed change.

6.

Informal Recommendations Not Binding. The informal recommendations of the Planning Director are not binding upon the applicant or the city, but are intended to serve as a guide to the applicant in making the application and advising the applicant in advance of the formal application of any issues which will or may subsequently be presented to the appropriate decision-making body. Because a pre-application conference precedes the actual application, some key issues relating to a specific proposal may not be apparent at the pre-application conference.

7.

Application Required Within Six Months. After a pre-application conference has been completed, an application must be submitted within six (6) months, unless one (1) extension is granted by the Planning Director not to exceed an additional six (6) months. If a complete application is not submitted within six (6) months or an extension has not been granted, a new pre-application conference shall be required prior to submitting an application.

C.

Authority to File Applications.

1.

Unless otherwise specified in this Ordinance, applications for review and approval may be initiated by:

a.

The owner of the property that is the subject of the application;

b.

The owner's authorized agent; or

c.

Any decision-making body.

2.

When an authorized agent files an application under this Ordinance on behalf of a property owner, the agent shall provide the city with written documentation that the owner of the property has authorized the filing of the application.

D.

Application Contents, Submission Schedule, and Fees.

1.

Form of Application. Applications required under this chapter shall be submitted in a form and in such number as required by this ordinance.

2.

Processing Fees. Applications required under this chapter shall be accompanied by the fee amount that is adopted by City Council. Fees shall be established from time to time by resolution of the City Council. All fees shall be made payable to the City of Hardeeville. The City of Hardeeville reserves the right to require the applicant to reimburse the city for professional fees incurred in processing the application.

3.

Waivers. The Planning Director may waive certain submittal requirements in order to reduce the burden on the applicant and to tailor the requirements to the information necessary to review a particular application. The Planning Director may waive such requirements where he or she finds that the projected size, complexity, anticipated impacts, or other factors associated with the proposed development clearly, in his or her opinion, support such waiver.

E.

Verification of Application Completeness.

1.

The Planning Director shall only initiate the review and processing of an application if such application is complete. The Planning Director shall make a determination of application completeness within ten (10) working days of application filing. If the application is determined to be complete, the application shall then be processed according to this Ordinance. If an application is determined to be incomplete, the Planning Director shall provide notice to the applicant along with an explanation of the application's deficiencies. No further processing of an incomplete application shall occur until the deficiencies are corrected in a future re-submittal.

2.

An application shall be considered complete if it is submitted in the required form, includes all mandatory information and is accompanied by the applicable fee. A pre-application conference shall have been held, if required by subsection 7.2.B.2.a above.

3.

Any supplemental technical reports and special studies that are submitted following the original application must be received at least thirty (30) days prior to a public hearing. As a consequence for any false or misleading information submitted or supplied by an applicant on an application, that application will be deemed incomplete, be rejected and the must reapply.

F.

Notice.

1.

Content of Notices. Notice of all public hearings required under this chapter shall, unless otherwise specified in this Ordinance:

a.

Identify the date, time, and place of the public hearing;

b.

If applicable, describe the property involved in the application by street address or by legal description and nearest cross street;

c.

Describe the nature, scope, and purpose of the proposed action;

d.

Indicate that interested parties may appear at the hearing and speak on the matter; and

e.

Indicate where additional information on the matter may be obtained.

2.

Summary of Notice Requirements. The following table summarizes the notice requirements of the procedures of this chapter.

TABLE 7-1 SUMMARY OF NOTICE REQUIREMENTS

3.

Published Notice. When Table 7-1 requires that notice be published, the Planning Director shall cause a notice to be published in a newspaper having general circulation. The notice shall be published at least fifteen (15) days before the scheduled hearing date. In computing such period, the day of publication shall not be counted, but the day of the hearing shall be counted.

4.

Posted Notice and Neighbor Notice. When Table 7-1 requires that notice be posted, the Planning Director shall cause a notice to be posted on the property for at least fifteen (15) days before the scheduled hearing date. In computing such period, the day of posting shall not be counted, but the day of the hearing shall be counted. If no part of the subject property is visible from the public right-of-way, the notice shall be posted along the nearest street in the public right-of-way. Posted notices shall include all the content specified in subsection 1. above except for the legal description.

Written notification of Public Hearings shall be made to all property owners of adjacent parcels. Ownership information shall be obtained from the County Assessor's Office and deposited in the US Mail at least fifteen (15) calendar days before the public hearing that is the subject of the notice. Failure to do this notice will not invalidate any action taken.

5.

Constructive Notice. Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. Minor defects in notice may include, but are not limited to, errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date, and place of a hearing shall be strictly constructed. If questions arise at the hearing regarding the adequacy of notice, the decision-making body shall make a formal finding as to whether there was substantial compliance with the notice requirements of this Ordinance.

a.

Comprehensive Amendments. Comprehensive Text or map amendments to the zoning ordinance of wide-spread application are not subject to a requirement of mailed or posted notice. The City Council shall instead publish a summary of the proposed action in a newspaper of general circulation in the City or County, as applicable, and shall make the materials available for public inspection in the appropriate city department. Publication in the legal notice section is permitted. Publication shall occur at least twice, with the first notice being published at least six (6) days prior to the second publication, and the second publication shall be at least fifteen (15) days prior to the scheduled hearing.

6.

Presumption of Notice. When the records of the city document the publication, mailing, and posting of notices as required by this subsection, it shall be presumed that notice of a public hearing was given as required by this subsection.

G.

Conditions of Approval. Some procedures set forth in this Ordinance authorize the decision-making body to impose such conditions upon the premises benefited by the approval as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the comprehensive plan and this Ordinance. In such cases, any conditions attached to approvals shall be directly related to the impacts of the proposed use or development and shall be roughly proportional in both extent and amount to the anticipated impacts of the proposed use or development. No conditions of approval, except for those attached to variance or minor modification approvals, shall be less restrictive than the requirements of this Ordinance.

H.

Expiration of Permits/Approvals. If the work described in any permit/approval granted under this Ordinance has not begun within the time limits as set forth in Article 10 from the date of issuance thereof, said permit/approval shall expire; it shall be canceled by the Planning Director, and written notice thereof shall be given to the persons affected. Renewal of the permit/approval for an additional period in accordance with Article 10 may be acquired by the applicant upon his/her written notification to the Planning Director requesting an extension. Unless approved pursuant to the South Carolina Development Agreement Act, or granted a specific term pursuant to Article 10 hereof, no PDD or other development shall be considered vested beyond the general provisions allowed under Article 10.

I.

Conformity and Permits Required.

1.

Every official and employee of the City of Hardeeville, vested with duty or authority to issue a building permit, business license, or any other permit or license requiring a zoning review, shall not issue such permit or license without the approval of the Planning Director.

2.

No license or permit shall conflict with this Ordinance, and if such conflict occurs, the license or permit shall be null and void.

3.

No development, building, sign, or other structure shall be erected, moved, added to, or structurally altered without a permit issued by the Planning Director.

4.

No zoning permit for buildings or signs shall be issued by the Planning Director except in conformity with the provisions of this Ordinance for land use or construction in the City of Hardeeville, and no permit shall be considered valid unless signed by the Planning Director.

A.

Purpose and Scope. This Ordinance, including the official zoning map, may be changed pursuant to this section. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to the text of this Ordinance or the official zoning map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the city. Amendments should not be used when a special exception, variance, or minor modification could be used to achieve the same result.

B.

Procedure for Amendments. A proposed amendment to this Ordinance, including an amendment to the official zoning map, shall be processed in accordance with the following requirements:

1.

Pre-Application Conference. Before filing an application, a private-party applicant for an amendment shall request a pre-application conference with the Planning Director.

2.

Application:

a.

Applicants shall submit the materials specified in this ordinance. Additional materials may be required for certain types of rezoning applications, such as amending the zoning to a planned development district.

b.

The Planning Commission or the Planning Director may require the submission of such other information as may be necessary to permit the informed exercise of judgment under the standards for the review of the amendment application. Such information shall be related to the scale and location of the rezoning application and may include, without limitation, traffic, soil, hydraulic, visual, aesthetic, water, and sewage analyses.

c.

Applications for amendments must be submitted, in proper form, at least twenty (20) days prior to a Planning Commission meeting in order to be properly noticed and heard at that meeting.

3.

Public Meetings. Published, written, and posted notice of public hearings on amendments shall be provided in accordance with Section 7.2.

4.

Review and Recommendation by Planning Commission.

a.

All papers and other data submitted by the applicant on behalf of the amendment request shall be transmitted to the Planning Commission. The Planning Commission shall recommend that the City Council approve the amendment as submitted, approve the amendment with modifications, or deny the amendment, based on the approval criteria of subsection C. below.

b.

The Planning Commission shall have no less than thirty (30) days, or more than forty-five (45) days, within which to submit their report and recommendation. Following action by the Planning Commission, all papers and data pertinent to the application shall be transmitted to the Mayor and Council for final action.

5.

Action by Mayor and City Council. The Mayor and City Council shall hold a public hearing on the proposed amendment and, at the close of the hearing, shall, based upon the approval criteria of subsection C. below and upon recommendations of the Planning Director and Planning Commission:

a.

Approve the amendment by ordinance;

b.

Approve the amendment by ordinance with modifications;

c.

Deny the amendment; or

d.

Refer the proposed rezoning back to the Planning Commission or to a committee of the City Council for further consideration.

6.

Successive Applications. Following denial of a zoning map amendment request, no new application for the same or substantially the same amendment shall be accepted within six (6) months of the date of denial, unless denial is made without prejudice.

7.

Changes in the Zoning Map or Zoning Text. Following final action by the Mayor and Council, any necessary changes shall be made on the official zoning map or in the text of this Ordinance.

C.

Approval Criteria.

1.

Approval Criteria for Amendments to the Text of this Ordinance. Recommendations and decisions on amendments to the text of this Ordinance shall be based on consideration of all the following criteria:

a.

Whether the proposed amendment corrects an error or meets the challenge of some changing condition, trend, or fact;

b.

Whether the proposed amendment is consistent with the comprehensive plan and the stated purposes of this Ordinance; and

c.

Whether the proposed amendment will protect the health, safety, and general welfare of the public.

2.

Approval Criteria for Amendments to the Official Zoning Map. The City Council may approve zoning map amendments (rezonings), and the Planning Commission may recommend approval, if the rezoning corrects a technical mistake or the rezoning meets all the following criteria:

a.

The rezoning is consistent with the comprehensive plan and the purposes of this Ordinance;

b.

The rezoning will protect public health, safety, and general welfare;

c.

The rezoning is consistent with the stated purpose of the proposed zoning district;

d.

Facilities (including roads and transportation) and services (including water, gas, electricity, police and fire protection, and sewage and waste disposal, as applicable) will be available to serve the subject property while maintaining adequate levels of service to existing development. The applicant shall demonstrate availability of services by providing intent-to-serve letters from the respective service providers with the amendment application;

e.

The rezoning is not likely to result in significant adverse impacts upon other property in the vicinity of the subject tract; and

f.

Future uses on the subject tract will be compatible in scale with uses on other properties in the vicinity of the subject tract.

A.

Purpose. The purpose of the PDD district is to encourage flexibility in land planning that will result in improved design, character, and quality of new housing of different types and densities and of compatible commercial uses, or shopping centers, office parks, and mixed use developments; to promote the most appropriate use of land; to facilitate the provision of streets and utilities; and to preserve the natural and scenic features and open space.

B.

General Requirements.

1.

Minimum Acreage.

a.

At least four (4) contiguous acres shall be required to be eligible for the PDD district regulation.

b.

The City of Hardeeville may, at its discretion, waive this acreage requirement and grant PDD zoning to property having a valid PUD designation from Jasper County for properties proposed for annexation into the City. In such instances, the City of Hardeeville PDD designation may incorporate the zoning regulations and term, if any, as approved by Jasper County; provided however, nothing herein shall be construed to preclude the City of Hardeeville from changing or adding regulations to any such PDD when, in its sole discretion, it deems such to be necessary and in furtherance of the public interest. To the extent there is any conflict between regulations imposed by the County and those imposed by the City, the regulations imposed by the City shall prevail.

2.

Properties Under 200 Acres. Properties consisting of less than two hundred (200) acres shall not be required to submit a Concept Plan and shall begin the review process with an application and Master Plan. It is recommended, however, for projects less than two hundred (200) acres that are unusually complex or sensitive to submit a Concept Plan to avoid undue delays in the review process. Applicants under two hundred (200) acres will be granted PDD zoning only after acceptance of the Master Plan by City Council.

3.

Ownership. All property zoned PDD shall be under single ownership, or if in multiple ownership, then by written consent of all owners who agree to be bound by the district designation and regulations.

4.

PDD Requirements are Minimums. The detailed standards set forth herein are minimum requirements and it is the intent of this section that the City Council may impose conditions and safeguards in excess of, or in addition to, the specified minimal requirements. Satisfying the minimum requirements set forth herein does not per se indicate that an applicant is entitled to a zoning change and notice is hereby given to that effect.

5.

Development Agreement. The City of Hardeeville may require, at its sole discretion, the negotiation and execution of a development agreement as provided by State law for developments in excess of 25 acres.

C.

Approval Criteria. In addition to the general approval criteria for rezonings set forth in Section 7.3.C.2. above, PDD rezoning applications shall be reviewed for compliance with the following additional criteria:

1.

The PDD designation is necessary to address a unique situation or represents a substantial benefit to the city, compared to what could have been accomplished through strict application of otherwise applicable zoning district standards; and

2.

The request complies with the PDD standards in Section 2.4.G. of this Ordinance.

D.

Procedures to Establish a Planned Development District.

1.

Amendment Procedure Applies. The establishment of a planned development district shall follow the procedure for zoning amendments set forth in Section 7.3 above, except as modified in this Section 7.4 D.

2.

Application. A request for the PDD district shall be processed as an amendment to the zoning ordinance and official map(s), including the future land use maps and the Comprehensive Plan, if necessary. The application shall be in the form required by the city and shall contain, at a minimum, a legal description of the property and if in multiple ownership, the written consent of all owners who agree to be bound by the district designation and regulations.

3.

Concept Plan Required With Application. A Concept Plan shall be submitted with the application to the Planning Director or his or her designee. Applications and Concept Plans will be forwarded to the Planning Commission for recommendation to the City Council in accordance with standard procedural requirements.

4.

Required Contents for Concept Plan. The Concept Plan shall contain:

a.

A narrative statement by the applicant as to the goals of development and a justification of why a PDD designation is necessary to achieve them;

b.

The types of uses proposed for the PDD, either specifically or generally, if general descriptions are used, the uses deemed applied for shall be those allowed in the most restrictive zoning district where such uses are permitted as a matter of right, and the regulations of such zoning district shall apply. To avoid miscommunication and to encourage ease of administration, applicants are encouraged to specifically designate the uses it proposes, i.e. single-family residences, offices or business parks or the like;

c.

The total number of units for residential uses and the total number of acres, to include the range of residential lot, and the total square footage or acreage for commercial uses and institutional uses;

d.

A general layout of roadways of major circulation, the anticipated rights-of-way (ROW) widths based on either ultimate traffic demands in accordance with the Institute of Transportation Engineers (ITE) Manual, (latest available edition) or a minimum of fifty (50) feet, whichever is greater; whether they are to be publicly or privately maintained, and a general statement as to the anticipated impact of the PDD project on public roads, including the ability of the public roads to have sufficient capacity to carry the additional traffic generated by the PDD at build-out, taking into consideration build out of other impacting developments. The City of Hardeeville may require a traffic impact analysis as set forth in the MZDO, and a statement of need for mitigation (if any). If mitigation is required, a statement of proposed mitigation must be included;

e.

A description or list of any proposed waivers or deviations from the regulations of this Ordinance regarding either 1) generally applicable development standards; 2) specific zoning district regulations, or 3) any applicable overlay district regulations, and what is proposed in their place;

f.

Statement(s) from applicable utility service providers such as water, sewer (if applicable), telephone and electricity, trash and yard waste that service is available to the PDD, or what is required to render services available;

g.

A proposed phasing schedule and average anticipated residential units or commercial square footage to be produced annually;

h.

A statement identifying existing buildings, structures, or other facilities on the property;

i.

Identification of adjacent landowners and existing land use and zoning of such properties, and proof of notification to adjacent landowners by certified mail of the notice of zoning application;

j.

Identification, by name, number and width, of existing public rights-of-way on or adjacent to the property, and the proposed access to such existing rights-of-way;

k.

The proposed internal and external setbacks, vegetative buffer material and percent open space areas. Any deviation from the applicable MZDO standards must be accompanied by justification for such proposed deviation, which may or may not be granted, in City Council's sole discretion;

l.

Proposed stormwater mitigation shall comply with Section 4.9 (Stormwater Management) (as may be hereafter amended) of the MZDO;

m.

The proposed ownership and maintenance of rights-of-way, drainage systems, water and sewer systems, open space systems and amenities;

n.

A description of archeological sites or historic structures on the property, as defined by the South Carolina Department of History and Archives, including grave sites, and the proposed approach for protecting them and any others that might be discovered during development;

o.

A site map/plan delineating the vicinity of the property; the boundary lines of the property; any rivers, creeks, marshes, and general patterns of wetlands on or adjacent to the property; land uses adjacent to the property; existing buildings, structures or facilities on the property; municipal or county boundary lines adjacent to the property; historic structures on or adjacent to the property; any flood hazard and all overlay district boundary lines; proposed access to existing roads; and arrangement/layout or land uses, approximate acreage of each land use area, type of use and residential density of each use area.

5.

Review and Recommendation by Planning Commission. The Planning Director shall provide a written report and recommendation on the PDD application and Concept Plan to the Planning Commission. The Commission shall review the application and the Concept Plan and, based on the Director's recommendation and the approval criteria of Section 7.4.C, recommend that the City Council approve, approve with modifications, or deny the application and Concept Plan.

6.

City Council Consideration of Application and Concept Plan. The City Council will consider the application, Concept Plan, and recommendations from staff and the Planning Commission. The City Council shall examine, consider, and address issues relating to financial impacts upon the City and Jasper County, environmental impacts, and required infrastructure to serve the PDD. The Council may require submission of additional maps, data or proposed methods of addressing other pertinent matters relative to the development that are reasonably available and where, owing to the nature, size and location of the proposed development, particular elements critical to the health, safety and welfare of the community and its citizens. Such elements may be, but are not limited to, environmental impact statements as to specific matters not otherwise required or adequately addressed herein, traffic analysis, hurricane evacuation, other emergency preparedness and response, historical preservation, shoreline erosion, public access, community linkages, public education and the like. Should additional information be requested by City Council, City Council may request the review and recommendation of the Planning Commission relative to the additional information prior to study, review and consideration by City Council of the additional data or information. When necessary and appropriate to address such issues, the City of Hardeeville may require a development agreement as a prerequisite to approving a PDD hereunder, in accordance with the South Carolina Development Agreement Act.

7.

Effect of Approval:

a.

Upon approval by City Council of the application and Concept Plan and the adoption of an ordinance to that effect, property greater than two hundred (200) acres or having been submitted as a Concept Plan pursuant to Section 7.4 as an unusually complex or environmentally shall be zoned PDD and the Concept Plan, as approved, shall be deemed part of the regulations applying to that particular PDD District.

b.

If the Concept Plan submitted by the applicant is approved, but modified without the written agreement of the applicant, the applicant shall have sixty (60) days after receipt of notice of approval of the modified Concept Plan to withdraw the Concept Plan by written notice to City Council. If withdrawn, the zoning for the areas within the Concept Plan shall be unchanged from the zoning existing before the application was submitted.

c.

Unless a waiver or deviation is secured as part of the approved Concept Plan, the regulations applicable to all uses in an approved Concept Plan shall be those of the most restrictive zoning district where such uses are allowed.

d.

Unless approved pursuant to the South Carolina Development Agreement Act, or granted a specific term pursuant to Article 10 hereof, no PUD shall be considered vested beyond the general provisions allowed under Article 10 and are subject to rezoning to Conservation Preservation (CP) upon expiration.

8.

Additional Requirements to Develop in Areas Zoned PDD:

a.

A zoning of PDD shall not entitle an owner of the affected property any right to develop or engage in any land use or land disturbing activity, other than that in existence as of the time the Concept Plan is approved. Further, initial zoning of PDD does not vest a developer any number of residential units or square footage of commercial/institutional/industrial space.

b.

To engage in development or any land use or land disturbing activity other than that in existence when PDD zoning is approved, an overall Master Plan and subsequent Development Plan(s) must be approved for the areas to be developed or engaged in land disturbing activity. A zoning of PDD is not deemed by the City of Hardeeville to constitute the commencement of activity or use that would abrogate exemptions, tax or otherwise, attendant to silviculture activities.

9.

Sale or Transfer within PDD. The developer of a PDD may sell or transfer ownership of development tracts within a PDD in accordance with the following procedures and provisions:

a.

The developer must submit and have secured approval of a Concept Plan for the PDD;

b.

Property covenants and restrictions must accompany the transfer of any development tract within the approved PDD restricting the new owner to the development type, road network, water, sewer approach, and density indicated on the approved Concept Plan;

c.

The developer must submit a sworn affidavit from the prospective purchaser of a development tract, wherein the purchaser waives rights to the guarantee of the installation of required improvements afforded through this Ordinance for the subdivision of land, and further acknowledges and agrees that an initial Master Plan and final Development Plan must be submitted, and a Development Permit awarded, prior to commencement of any development on the tract.

d.

The developer must submit a plat suitable for certification by the City of Hardeeville Administrator or authorized designated agent for the City authorizing the developer to record such plat with the Clerk of Court or Register of Deeds, including submissions in digital format as required by the general provisions of the MZDO, and subsequently record such plat prior to the sale or transfer of any development tract or phase: and

e.

This procedure will not be permitted for the sale or transfer of an individual single-family lot or group of lots intended for construction of one single-family dwelling.

E.

Master Plan.

1.

Applicability. A Master Plan shall be developed for all or any portion of the PDD property to be developed. The Master Plan, as well as any fee as may be established by the City of Hardeeville, shall be submitted to the Planning Director and the Staff Review Committee for review and thereafter to the Planning Commission, both of whom shall make a recommendation to City Council.

2.

Minimum Requirements for Master Plan. The minimum requirements of the Master Plan include:

a.

Multiple copies of the Master Plan to sufficiently distribute to all designated reviewing bodies at the time of submittal;

b.

Proposed arrangement of land uses, including land for public facilities, approximate acreage of each use area or tract, type of use and density (residential use tracts). All specified densities will be construed as maximums, with acceptance of the maximums subject to satisfaction of other provisions within the PDD ordinance;

c.

A boundary survey with the computed acreage of the tract bearing the seal of a registered land surveyor;

d.

Notarized Statement of Assignment of Rights Per Development Agreement/PDD (template available from the Planning Director);

e.

The location of primary control points to which all dimensions, angles, bearings, block numbers and similar data shall be referred;

f.

The proposed name of the development and the names and addresses of the owner(s) of record, and the applicant, if different from the owner(s), with proof of authority to submit and process the application;

g.

Type of land use of all parcels contiguous to the development property;

h.

A map or site plan showing:

i.

The location, dimensions, descriptions, and flow of existing watercourses and drainage structures within the tract or on contiguous tracts;

ii.

Location of municipal limits or county lines, and district boundaries, if they traverse the tract, form part of the boundary of the tract, or are contiguous to such boundary;

iii.

Vicinity map or sketch showing the general relationship of the proposed development to the surrounding areas with access roads referenced to the intersection of the nearest state primary or secondary paved roads;

iv.

Topographic survey of the area being applied for;

v.

The location, dimensions, name and description of all existing or recorded streets, alleys, reservations, easements or other public rights-of-way within the tract intersecting or contiguous with its boundaries or forming such boundaries;

vi.

The location, dimensions, name and description of all existing or recorded residential lots, parks, public areas, permanent structures and other sites within or contiguous with the tract;

vii.

The proposed location, dimensions and description of land(s) for public facilities; and

viii.

Proposed conceptual street system layout, vehicular and pedestrian, with the written comments of the City's Engineer or designated Engineer.

i.

Traffic impact analysis as set forth in the MZDO or as required by staff or City Council, and a statement of need for mitigation (if any). If mitigation is required, a statement of proposed mitigation;

j.

Preliminary Master Drainage Plan and Master Water and Sewer Plan with the written comments of the City's Engineer or designated Engineer;

k.

Where applicable, surveyed line delineating the extent of any special district boundary on the development property.

l.

Preliminary comments from affected agencies having approval or permitting authority over elements related to the proposed development, or evidence that a written request for such comments was properly submitted to the agency and a reasonable period of time has elapsed without receipt of such comments. Minimum agency responses include DOT, EMS, DHEC, OCRM, DHEC, fire officials, and school districts (as applicable);

m.

A narrative addressing:

i.

The proposed ownership and maintenance of streets, drainage systems, water and sewer systems, open space areas, parking areas, and other proposed amenities and improvements; and when any are to be privately owned, a description of the governance, operation and financial structure to be used to secure their maintenance management and long term improvements;

ii.

Proposed phasing and time schedule if development is to be done in phases;

iii.

Proposed phasing and time schedule for lands to be dedicated for public facilities;

iv.

Proposed internal site planning standards such as typical lot sizes and widths, and setbacks and buffers aimed at addressing potential incompatibility between adjacent land uses and activities;

v.

Letters of capability and intent to serve community water supply or sewage disposal service from the affected agency or entity, where applicable;

vi.

A statement describing the character of, and rationale for, the proposed Master Plan; and

vii.

Other information or descriptions deemed reasonably appropriate by staff or City Council for review.

viii.

City Council may, in its sole discretion, accept a Master Plan application which does not include all of the above elements for processing and consideration upon a showing by the applicant why such information is unavailable or impractical to provide. City Council reserves the right to require such omitted information to be supplied prior to final Master Plan approval and second reading.

3.

Master Plan Review and Approval; Review and Recommendation by Planning Commission. The Planning Director shall provide a written report and recommendation on the PDD application and Concept Plan to the Planning Commission. The Commission shall review the application and the Concept Plan and, based on the Director's recommendation and the approval criteria of Section 7.4.C., recommend that the City Council approve, approve with modifications, or deny the application and Concept Plan.

a.

Upon review of the proposed Master Plan, the City Council may move to approve or deny the Master Plan by a majority vote. City Council, upon majority vote, may request such additional reasonable information as it may deem reasonably necessary to evaluate the Master Plan prior to approval.

b.

Upon approval of the Master Plan by City Council in the case of property less than two hundred (200) acres or those that do not have an approved Concept Plan, and enactment of an ordinance to that effect, the property shall be zoned PDD, with the same rights and restrictions as set forth in Section 7.4.

c.

Any Master Plan reviewed and approved shall not be recordable with the Clerk of Court or Register of Deeds for the purpose of sale of any lots or parcels of land, and no land use or land disturbance activity, other than that in existence as of the time of the Master Plan approval, shall be permitted unless and until the applicant has secured Final Development Plan approval per Section 7.5.

d.

Plats, surveys and other information suitable for submission in digitized format for approved Master Plans shall be submitted to the City in both paper and digitized format, in accordance with adopted City procedures.

e.

All phases of the PDD will be required to adhere to the latest version of the following standards at the time of Development Plan submittal:

i.

All sections of Article 4, General Development Standards.

ii.

Environmental quality standards.

iii.

City fees.

iv.

Impact fees (unless otherwise specified in a development agreement).

4.

Changes to Approved Master Plans.

a.

Changes Subject to Administrative Approval. Approved Master Plans may be revised, subject to the approval of the Hardeeville City Manager or his authorized designee, for the following changes:

i.

Minor changes in the location of roads or widths of streets or rights-of-ways within the Master Plan;

ii.

Minor changes in the allocation of housing density within the Master Plan so long as the overall approved density of the Master Plan is not increased; and

iii.

Changes in the proposed build-out and phasing schedule.

b.

Changes Requiring City Council Approval. Changes to the Master Plan listed below shall require that a revised Master Plan be submitted to City Council for ordinance amendment.

i.

Re-designation of land uses within a development area or phase;

ii.

Increases in building heights, or decreases in setbacks, and buffers;

iii.

Major changes in the location of roads or widths of streets or right-of-ways within the Master Plan;

iv.

Major changes in the allocation of housing density within the Master Plan, and any proposed increase in density of the Master Plan; and/or

v.

Lot sizes and dimensions.

A.

Applicability. Development plans (also called "site plans") are required to commence activity within any area or phase within the PDD district, and also are required for the following types of development:

1.

Any non-residential development;

2.

Any multi-family development;

3.

Any residential development containing any lots smaller than 8,000 square feet; and

4.

Any non-residential development or non-residential component in a mixed-use development.

B.

Conformance with Approved PDD Master Plans. If submitted for an area zoned PDD, the development plan must be in conformance with the approved Master Plan and the procedural and substantive requirements of the MZDO, as amended, if at all, by the provisions of the PDD ordinances pertaining to the development.

C.

Application. To secure a Development Plan approval, the applicant must submit to the City any administrative fee as may be established by the City and the following:

1.

A sufficient amount of black or blue line prints of the Development Plan to be distributed to all reviewing bodies;

2.

Name and address of owner(s) of land being developed;

3.

Name of the development, date, north point and graphic scale;

4.

Name and seal of registered land surveyor, landscape architect or civil engineer;

5.

Name of county, location, tax map(s) and parcel number(s);

6.

Bearings and distances of all lot lines and street lines;

7.

Streets and alleys, rights-of-way, proposed street names and lot numbers (Street addresses will be assigned or approved by the Jasper County Office of Emergency Preparedness after Development Plan approval and copies are sent to appropriate agencies);

8.

Final traffic mitigation plans (if applicable);

9.

Square foot area of each lot;

10.

Location of all monuments and markers and type indicated;

11.

Location, size and type of all existing and proposed easements;

12.

Proposed location and designation of parks, playgrounds, school sites, open space, recreation amenity areas and public facilities where applicable;

13.

Existing railroads, watercourses, streets, highways, city limit lines, transmission lines, existing and/or proposed water and sewer lines, easements, drainage pipes, ditches, and wetlands and wetlands buffers within or immediately adjacent to land in the land being developed, whether or not jurisdiction is asserted by OCRM or the Army Corps of Engineers;

14.

Design, specifications and profiles of all proposed streets, drainage systems, lighting, parking, and parking lots (submit directly to the City's designated Engineer);

15.

Layout and design, specifications and profiles for all proposed water lines and sewer lines or well and septic tank locations, as applicable;

16.

Letters of Intent to serve underground electrical, telephone or gas from respective utility companies;

17.

Proposed fire hydrant locations or locations and quantity of other proposed water supply systems for fire protection as required;

18.

Other affected agency final approval, certification or permits for elements relative to the development such as:

a.

DHEC construction permits for community water and sewer systems;

b.

DHEC approval of the use of individual wells or community water system in conjunction with septic tanks in the event community sewer is physically unavailable;

c.

OCRM and/or Army Corps of Engineer signed certification of surveyed Wetland Boundary Lines and any required buffers/easements;

d.

OCRM and/or Corps of Engineer permits for proposed docks, marinas, bulkheads, fill and the like (where applicable);

e.

City designated Engineer approval of stormwater drainage systems and road plans;

f.

Local Fire Official having jurisdiction shall certify that development is in compliance with all applicable fire and life safety standards; and

g.

All other applicable regulatory agency approvals;

19.

Two (2) copies of signed final covenants and restrictions for the development (where applicable;

20.

Signed statement of any offers of proposed public dedication of streets, drainage system, school sites, open space areas, easements or river, wetland, grave or historic site access, or, if these are not to be dedicated and are to remain private, a complete and detailed report of the procedures, fees and methods that address maintenance and improvements to these elements;

21.

Two (2) copies of final Homeowners or Property Owners' Association documents addressing ownership and maintenance of all improvements;

22.

City of Hardeeville and/or Jasper County Overlay district boundary lines (where applicable) denoted directly on the Development Plan;

23.

Tree survey, inventory and mitigation proposal consistent with the provisions of the MZDO;

24.

Copies of recorded deeds, plats or easements clearly documenting legal access to the development and any applicable encroachment permits; and

25.

Bond or legal surety, acceptable to the City of Hardeeville, guaranteeing the completed installation of all required improvements to the development and other improvements shown on the Development Plan, or represented in the application, shall be posted with the City. Such bonds or other surety shall be payable to the City of Hardeeville and equal one hundred twenty-five (125%) percent of a registered engineers' estimates of construction costs or contractors' executed contracts for subdivision improvements, whichever is greater. The applicant shall complete all improvements including required mechanisms guaranteeing perpetual ownership and maintenance, within twelve (12) months of the date of Development Plan Approval. Failure to do so will constitute a violation of the development permit and terminate the right to continue development, and shall entitle the City of Hardeeville to act on the posted bond and cause the improvements to be completed on behalf of the lot purchasers in the development. Extension to the twelve-month time period afforded for completion of improvements may be granted one time by the City of Hardeeville. Such requests must be submitted prior to the expiration date and accompanied by:

a.

An explanation of why the extension is necessary;

b.

Signed/Dated agreement with the extension by all affected lot owners in the development to date;

c.

Amount of work completed, cost remaining for incomplete work and time frame for completion of work, certified by a registered engineer;

d.

Amended bond or surety for incomplete work in an amount of one hundred twenty-five (125%) percent of the cost of completion and of sufficient duration to secure the completion of the work.

26.

Any other material or information required by the MZDO or requested by the Planning Director or designated staff.

D.

Development Plan Approval.

1.

A Development Plan shall be submitted to the Staff Review Committee or its designated agent and such other professional advisors as the City may designate. A Development Plan may be approved if:

a.

It incorporates all information required in subsection C. above;

b.

If located in an area zoned PDD, it complies with the approved Concept and Master Plan for that district;

c.

It complies with the provisions of the this Ordinance appertaining to the PDD and/or any other Development Agreements, if applicable; and

d.

All infrastructure systems have been reviewed and approved by all applicable reviewing authorities.

2.

Except as otherwise modified herein, the provisions of the Municipal Zoning and Development Ordinance in effect at the time of the application shall be applicable.

3.

Unless approved pursuant to the South Carolina Development Agreement Act, or granted a specific term pursuant to Article 10 hereof, no PUD shall be considered vested beyond the general provisions allowed under Article 10, and are subject to rezoning to Conservation Preservation (CP) upon expiration.

A.

General.

1.

No plat of a subdivision/development of land within the jurisdiction of this Ordinance shall be filed with or recorded by the county register of deeds until such plat shall has been submitted to and approved by the City in accordance with this section.

2.

Developers who are required to register their subdivision/development with the office of interstate land sales registration of the Department of Housing and Urban Development must also indicate that fact on the plat submitted to the city for approval and recording at the records office; however, the city is under no duty to verify such state of facts and assumes no liability for approving any plat for recording which fails to include such statement.

3.

No street or other public or private way or land shall be accepted or maintained nor shall any water lines, sewerage, street lighting, or similar improvements be extended or connected in any subdivision/development that has not been approved by the city as provided in this section. No permit for construction of any building or other improvement in any subdivision/development established hereafter shall be issued that has not been approved by the city as provided herein, and such notice of approval affixed to the plat.

B.

Plans Exempted from Standard Procedure. The following exceptions are exempted from the standard plat submission and review procedure, except that all these exceptions still must submit plats in accordance with Final Plat Approval procedures, Section 7.6.C, step 3, below:

1.

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority.

2.

The subdivision/development of land into lots, each having an area of five acres or more, where no new street is involved.

3.

The division of land into parcels for conveyance to other persons through the provisions of a will or similar document and in the settlement of an intestate estate where the resultant lots are equal to the standards of the governing authority.

4.

The division of land into lots for the purpose of sale or transfer to members of one's own immediate family, where no new street is involved, where the resultant lots are equal to the standards of the governing authority, is exempt from the standard submission and review procedures.

5.

The division of land into fewer lots than four (4), where each parcel continues to have access to a street or road.

6.

A transfer of title to land not involving the division of land into parcels.

A written statement of the occurrence of such divisions as stated in (1), (2), (3) and (4) above and notation on the plat in question, shall be submitted by the owner of the property being divided to the Staff Review Committee for information only.

C.

Review Procedures. The following sections are an outline of the procedure for obtaining review and approval of the subdivision/development of land or development activities within the jurisdiction of this Ordinance. The review and approval procedure may consist of three separate steps. The first step is optional, steps 2 and 3 are mandatory.

1.

Step 1: Review of Optional Sketch Plan. Although not required, prior to the preparation and filing of a preliminary plat the subdivider is encouraged to and may submit to the Staff Review Committee a simple sketch plan of the proposed subdivision/development. The sketch plan may be a simple free-hand drawing and should show the relationship of the proposed subdivision/development to the surrounding area and the general subdivision/development plan. The purpose of the sketch plan is to assist the subdivider prior to extensive site planning and preparation of a preliminary plat by enabling him to become familiar with the regulations affecting the land to be subdivided and reviewing the proposal as to conformance with the provisions of the comprehensive plan which includes among other things proposed public projects such as transportation routes, school sites, recreation areas, open space areas, public utilities, and the like pertinent to any new development. The Staff Review Committee shall review the sketch plan and advise the subdivider, or authorize an agent of the Staff Review Committee to review and advise the subdivider as to the requirements of the regulations affecting the land to be subdivided within fifteen (15) days from the date submitted.

2.

Step 2: Review and Approval of Preliminary Plat. The preliminary plat contains accurate preliminary planning and engineering. While not a survey (although such may be advisable), the accuracy is to be such that only minor changes are to be expected in the final plat. The preliminary submissions must be submitted under the signature and seal of the appropriate Design Professional(s) as required by South Carolina State Code. The final plat is expected to be in substantial compliance with the preliminary plat, with only minor deviations created by final engineering, surveying, other minor design enhancements, or requirements of the Architectural/Overlay Review Board (if applicable). Major changes at the final plat stage may, at the discretion of the Staff Review Committee, be required to be reviewed again as a preliminary plat if the SRC believes the changes result in significant implications that adversely affect the purposes of these subdivision/development/development regulations or the ability to safely or adequately provide services. A proposed phasing plan shall require approval by the SRC, and should be submitted at the preliminary application stage.

a.

Submission. Five (5) black or blue line prints of the preliminary plat, together with supporting data, shall be submitted by the subdivider to the director of the Staff Review Committee at least fourteen (14) days prior to a regularly scheduled meeting date of the Staff Review Committee. A conference between the subdivider and the Staff Review Committee will be held in order that the Committee might advise the subdivider of the extent to which the proposed subdivision/development conforms to the applicable requirements of this Ordinance and shall further suggest any modifications of the plan which are deemed advisable or necessary to secure performance. Applications, maps, and supporting data for the preliminary plan will be distributed only to committee members, staff and necessary agencies involved in the review process.

b.

Staff Review Committee Procedure. Following submission of a preliminary plat meeting the plat requirements as stated herein, the Staff Review Committee may require the sub-divider to forward relative data to the various local, state, and federal agencies for which review is required. The Staff Review Committee shall be notified by the sub-divider of any conferences requested by any of these affected agencies which should be held prior to the Staff Review Committee acting on the preliminary plat. However, it shall be the responsibility of the subdivider to obtain all necessary permits or approvals for such agencies. The Staff Review Committee shall act on a preliminary plat within twenty (20) days after the next regular committee meeting following submission unless required conferences between the subdivider and other review agencies are not completed within the time frame and the Staff Review Committee duly notified of the remarks of the affected agency. Upon approval of the preliminary plat, the Staff Review Committee shall indicate in writing:

i.

The conditions of such approval, if any;

ii.

Certification on the plat by the director of the Staff Review Committee; and

iii.

The date on which the Staff Review Committee granted approval; or if disapproving, shall express in writing reasons for disapproval. The action of the Staff Review Committee shall be recorded in the minutes of the committee meeting and the subdivider shall be duly notified.

Approval of the preliminary plan by the Staff Review Committee does not authorize the sub-divider to proceed with the installation of improvements such as streets, drainage system, water and sewer system, utilities, recreation areas nor any amenities. Approval of a preliminary plat or plan shall not constitute approval of the final subdivision/development plat and shall not authorize the sale and other transfer of lots. Plans subject to Architectural/Overlay Board approval should receive preliminary approval before being submitted to that Board.

c.

Approved Plans Containing Public Improvement Projects. Where a tract of land or right-of-way that has been approved by a governmental body or department of such a body lies wholly or partially within an area to be subdivided, and provided that said body or department has notified the Staff Review Committee of such official plans prior to or within fourteen (14) days after the presentation of the preliminary subdivision/development plan to the Staff Review Committee for approval, the subdivider shall reserve the proposed site or right-of-way for a period of not more than sixty (60) days from the date of approval of the preliminary plan in order to afford the agency involved the opportunity to act on the site or right-of-way as provided for by state law. Such reservation would be stated as a condition of preliminary approval by the Staff Review Committee.

d.

Preliminary Plat Requirements. In order for the Staff Review Committee to properly review the preliminary plat, the following information shall be submitted unless the Staff Review Committee determines and notifies the subdivider that certain information is not necessary.

i.

Name and address of owner of record.

ii.

Proposed name of subdivision/development, date, north point, and graphic scale.

iii.

Name and seal of registered surveyor.

iv.

Vicinity map showing location of proposed subdivision/development.

v.

Tract boundaries and total acreage.

vi.

Significant topographical features such as water courses, swamps, pipes, etc.

vii.

Existing buildings, streets, railroads, transmission lines, drainage pipes and ditches, sewer and water lines, city limit lines, and any public utility lines on and adjacent to the tract to be subdivided.

viii.

Tentative street and lot arrangement, average size lot and number of lots.

ix.

Proposed street right-of-way widths, proposed street names, pavement widths, and utility easements.

x.

Proposed parks and playgrounds or other open spaces proposed by the subdivider and any such known projects by other agencies.

xi.

Preliminary plan for water system, sewer system, surface and storm water drainage system.

xii.

Existing and proposed covenants.

xiii.

Proposed time schedule of development if to be done in stages or phases.

xiv.

Designated zoning classification of the property.

xv.

Traffic Impact Assessment per City guideline if project produces seventy-five (75) trips per day or more.

3.

Step 3: Review and Approval of Final Plat. The final plat shall constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time of submission.

a.

Submission:

i.

The sub-divider shall submit to the Staff Review Committee within one (1) year of the date of the preliminary plat approval an original, two (2) reproducible permanent prints on Mylar media, and black or blue line prints of the final plat, and one (1) electronic copy readable in AutoCAD® latest edition, at least fourteen (14) days prior to a regularly scheduled meeting of the Staff Review Committee. The number of prints required may vary at the discretion of the Staff Review Committee.

ii.

The plat shall be reviewed by the Staff Review Committee for conformance with the approved preliminary plat and with the requirements of these regulations. The Staff Review Committee may request the sub-divider to forward appropriate copies for the final plat together with necessary supporting data to the department of health and environmental control for approval of proposed water and sewer systems and to the city engineer designee for review and approval of the proposed drainage plan, as well as any other agency determined to be involved in approving the subdivision/development and/or development. The Staff Review Committee shall be notified of any requested conferences with the subdivider by the health department, city engineer or other affected agency. However, it shall be the responsibility of the subdivider to obtain all necessary permits or approval from such agencies. The Staff Review Committee shall notify the sub-divider within twenty (20) days after its next regular meeting following submission, of the approval or disapproval of the final plat or any conditions or requested modifications. The Staff Review Committee shall submit a report to the city council certifying approval or disapproval of the final plat, and in the case of disapproval, shall state the reasons therefore.

iii.

Approval and certification by the Staff Review Committee shall not be deemed to constitute or affect an acceptance by the city, county, state or the public of the dedication of any street or other ground shown upon the plat. Upon receipt of the plat where an offer has been made by the subdivider to dedicate any street, rights-of-way, public parks and other public lands, the City Council shall determine the acceptance or non-acceptance of the dedications. If accepted by the City Council, action to that effect shall be noted on the plat and if not accepted, the subdivider shall be notified of the reasons for non-acceptance.

iv.

The reproducible and prints shall be distributed after complete final approval as follows:

(A)

The original and one (1) print shall be recorded in the office of the county clerk of court.

(B)

One (1) reproducible print and one (1) print shall be returned to the subdivider.

(C)

One (1) reproducible print and one (1) print shall be forwarded to the city building inspection department.

(D)

One (1) print shall be forwarded to the county department of health and environmental control.

(E)

One (1) print shall be forwarded to the city engineer or designee.

(F)

One (1) print shall be retained by the Staff Review Committee.

v.

The approved final plat shall be not be recorded with the register of deeds after final approval by the Staff Review Committee except with the notation that no lots have been approved for sale, unless a surety in lieu of completion of improvements shall have been provided the City, or the required improvements installed, inspected and approved by the City. Should the six-month time period expire before submission of the surety or the beginning of substantial site improvements, including the application and receipt of any applicable building permits, the plat must be resubmitted to the Staff Review Committee for reprocessing. It shall be unlawful to sell or transfer property (or lots) within the approved subdivision/development until after the approved final plat receives approval of the surety or acknowledgment of completion of improvements and the final plat is recorded with the register of deeds or clerk of court indicating such under stamp and signature of the Planning Director.

b.

Final Plat Requirements. The final plat shall be drawn on permanent reproducible Mylar media and shall conform substantially to the approved preliminary plat. More than one (1) map may be used if necessary. The final plat shall be prepared by the registered surveyor and shall contain the following information:

i.

Name and addresses of owner(s) of record.

ii.

Name of subdivision/development, date, north point and graphic scale.

iii.

Name and seal of registered surveyor.

iv.

Name of county, location tax map number and parcel number(s).

v.

Exact tract boundaries of the land being subdivided shown with bearings and distances to the nearest minute and one-hundredth (1/100) of a foot respectively.

vi.

Streets and alleys, rights-of-way, proposed street names, and proposed house numbering system.

vii.

Lot lines, bearing to the nearest minute and distances to the nearest one-hundredth (1/100) of a foot.

viii.

Square foot area of each lot.

ix.

Location of all monuments and markers.

x.

Parks, playgrounds, school sites, or other public open areas, if any.

xi.

Existing railroads, water courses, streets, highways, city limit lines, transmission lines, water and sewer lines, drainage pipes and ditches, and easements for other public utilities on or adjacent to the subdivision/development, such as, gas or electrical.

xii.

Location and size of all proposed utility easements.

xiii.

Additional information:

(A)

Design of proposed water system, sewer system and drainage plan.

(B)

Statement of intended use of open space areas, unless otherwise noted on the plat.

(C)

Statement of proposed deed covenants, if any, and statement of final covenants when adopted.

(D)

Statement and description of all offers of land for dedication, if any.

(E)

Statement of form of guarantee of installation and maintenance of all improvements to the subdivision/development, such as, streets, water system, sewer system, drainage system, easements, open spaces, and any others.

(F)

Statement of requirement of registration with the office of interstate land sales registration of the department of housing and urban development (where applicable).

(G)

Statement of agreement between the subdivider and public or private agency for the installation and maintenance of community water and/or sewer systems.

A.

Purpose. The special exception review and approval procedure provides a discretionary approval process for uses with unique or widely varying operating characteristics or unusual site development features. The procedure encourages public review and evaluation of a use's operating characteristics and site development features and is intended to ensure that proposed special exception uses will not have a significant adverse impact on surrounding uses or on the community-at-large.

B.

Procedure.

1.

Application. A special exception permit application shall contain the information specified in this ordinance and shall be submitted to the Planning Director. If development plan review is required under Section 7.5, then the applicant shall file a development plan review application for simultaneous review with the special exception application.

2.

Public Hearing Notice. Notice of public hearings shall be published, mailed, and posted in accordance with Section 7.2.

3.

Review and Report. After review from the Planning Director, the Board of Zoning Appeals has the power to permit uses by special exception based on the approval criteria of subsection 7.7.C below, approve, approve with conditions, or deny the application.

In granting a special exception permit, the Board of Zoning Appeals may impose conditions that shall be complied with by the owner before a certificate of occupancy may be issued by the building inspector for use of the building on such property pursuant to such special exception permit and such conditions precedent to the granting of the certificate of occupancy.

C.

Approval Criteria. A special exception permit application may be approved only if the Board of Zoning Appeals finds that all of the following criteria have been met:

1.

The proposed use is consistent with the comprehensive plan and all applicable provisions of this Ordinance and applicable state and federal regulations;

2.

The proposed use is consistent with the purpose and intent of the zoning district in which it is located;

3.

The proposed use is consistent with any applicable use-specific standards set forth in this Ordinance;

4.

The proposed use is compatible with adjacent uses in terms of scale, site design, operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts);

5.

Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable; and

6.

The proposed use is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal, and similar facilities.

A.

Applicability. It shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or parts thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy has been issued by the Planning Director, the Fire Chief, and the Building Official for said premises. The certificate shall state that the proposed use of the building or land conforms to the requirements of this Ordinance and all applicable building codes.

B.

Certificates of Occupancy for Nonconformities. No nonconforming structure shall be maintained, altered, or expanded (other than exterior painting or interior renovation or repair), nor nonconforming use maintained, renewed, changed, or extended until a Certificate of Occupancy shall state specifically wherein the nonconforming use differs from the provisions of this Ordinance, provided that upon enactment or amendment of this Ordinance, owners or occupants of nonconforming uses or structures shall have three (3) months to apply for Certificates of Occupancy. Failure to make such application within three (3) months shall be presumptive evidence that the property was not in conformance at the time of enactment or amendment of this Ordinance.

C.

Temporary Certificates of Occupancy. No permit for erection, alteration, moving or repair of any building shall be issued until an application has been made for a Certificate of Occupancy, and the Certificate shall be issued in conformity with the provisions of this Ordinance upon completion of the work. A temporary Certificate of Occupancy may be issued by the Planning Director for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary Certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.

D.

Record of Certificates of Occupancy. No Certificate of Occupancy issued under the provisions of this Ordinance shall be considered valid unless signed by the Planning Director. The Planning Director shall maintain a record of all Certificates of Occupancy and shall make such record available as public information upon request by any person.

A.

Purpose. The Planning Director shall have the authority to authorize variance up to twenty five percent (25%) from any numerical standard in Article 4 as set forth in this Ordinance. Any request for variance greater than twenty five percent (25%) shall be treated as a variance request and handled by the BZA.

B.

Application. Application for an Administrative Adjustment shall include a brief description of the requirement to be varied in business letter form and include any other material necessary to ensure the complete understanding of the request. The application shall be made to the Planning Director.

C.

Review and Action by the Planning Director. The Planning Director shall review the application and approve, approve with conditions, or deny the application based upon the criteria in subsection D. below. A written decision shall be made to the applicant within fifteen (15) days of submittal, or additional information requested. In the event additional information is requested by the Planning Director, and additional fifteen (15) day period shall be allowed for review.

D.

Approval Criteria. The Planning Director may approve the administrative adjustment only if he or she finds that the adjustment meets all of the criteria below:

1.

The requested adjustment is consistent with the comprehensive plan and the stated purpose of this Ordinance;

2.

The requested adjustment meets all other applicable building and safety codes;

3.

The requested adjustment does not encroach into a recorded easement;

4.

The applicant must obtain written agreement including an attached site drawing to scale indicating adjustment from affected, adjacent property owner of record;

5.

The requested adjustment will have no significant adverse impact on the health, safety, or general welfare of surrounding property owners or the general public, or such impacts will be substantially mitigated; and

6.

The requested adjustment is necessary to either: (a) compensate for some practical difficulty or some unusual aspect of the site of the proposed development not shared by landowners in general; or (b) accommodate an alternative or innovative design practice that achieves to the same or better degree the objective of the existing design standard to be modified. In determining if "practical difficulty" exists, the factors set forth in Section 7.10.C, Approval Criteria (for Variances), shall be considered.

A.

Purpose and Scope. The variance process is intended to provide limited relief from the requirements of this Ordinance in those cases where the Board of Zoning Appeals finds that the strict application of a particular requirement will create unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this Ordinance. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this Ordinance may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this Ordinance render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. State and/or federal laws or requirements may not be varied by the city.

B.

Procedure.

1.

Pre-Application Conference. Before filing a variance application, the applicant shall request a pre-application conference with the Planning Director. See Section 7.2.B, Pre-Application Conferences.

2.

Application. An application for a variance shall be submitted to the Planning Director. A request for variance may be initiated only by the property owner or his authorized representative. The application must state with particularity the relief sought and must specify the facts or circumstances that are alleged to show that the application meets the approval criteria of subsection 7.10.C, Approval Criteria. Once the application is complete, the Planning Director shall schedule the application for consideration at a public hearing, and shall transmit to the Board of Zoning Appeals all applications and other records pertaining to the variance prior to the hearing.

3.

Action by the Board of Zoning Appeals:

a.

Upon receiving the application materials from the Planning Director, the Board of Zoning Appeals shall hold a public hearing on the proposed variance. Written, published, and posted notice of the hearing shall be provided pursuant to Section 7.2.F, Notice.

b.

In considering the application, the Board shall review the application materials, the approval criteria of subsection 7.10.C, Approval Criteria, and all testimony and evidence received at the public hearing.

c.

After conducting the public hearing, the Board may: deny the variance request; conduct an additional public hearing on the application; or grant the requested variance. Any approval or denial of the request shall be by resolution, accompanied by written findings of fact that the variance meets or does not meet each of the criteria set forth in subsection 7.10.C, Approval Criteria, stating the reasons for such findings.

d.

Under no circumstances shall the Board of Zoning Appeals grant a variance from any written conditions attached by another decision-making body to the approval of a special exception permit or subdivision plat or development plan.

e.

The Board may not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map. The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance. Other requirements may be prescribed by the MZDO.

f.

In granting a variance, the Board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare;

C.

Approval Criteria. The Board of Zoning Appeals may grant a variance in an individual case of unnecessary hardship if the Board makes and explains in writing the following findings:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

2.

These conditions do not generally apply to other property in the vicinity;

3.

Because of these conditions, the application of the ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

4.

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

5.

Special circumstances or conditions exist (e.g., narrowness, exceptional topographic conditions, or the shape of the property) that are not common to other areas or buildings that are similarly situated and practical difficulty may result from strict compliance with this Code's standards, provided that the requested variance will not have the effect of nullifying or impairing the intent and purposes of either the specific standards, this Code, or the comprehensive plan.

D.

Lapse of Approval. Any variance granted shall become null and void:

1.

If the variance is not exercised within one (1) year of the date it is granted, or

2.

If any building, structure, or characteristic of use permitted by variance is moved or altered so as to enlarge the variance or discontinue it.

A.

Purpose and Scope. Appeals to the Board of Zoning Appeals from the decisions of the city's administrative staff are allowed under this Ordinance. It is the intention of this section that all questions arising in connection with the interpretation and enforcement of this Ordinance be presented first to the Planning Director, that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decisions of Planning Director, and that recourse from the decision of the Board of Zoning Appeals shall be to the courts. It is further the intention of this section that the duties of the City Council in connection with this Ordinance shall not include the hearing or passing upon disputed questions that may arise in connection with the enforcement thereof.

B.

Decisions That May Be Appealed. Any order, requirement, permit, decision, determination, refusal, subdivision or interpretation made by any administrative officer in interpreting and/or enforcing the provisions of this Ordinance may be appealed to the Board of Zoning Appeals, unless otherwise provided in this Ordinance.

C.

Filing of Appeal; Effect of Filing.

1.

An appeal to the Board of Zoning Appeals may be brought by any person, firm, corporation, office, department, board, bureau, or commission aggrieved by the order, requirement, permit, decision, or determination that is the subject of the appeal.

2.

An application for an appeal shall be filed with the Planning Director. Once the application is complete, the Planning Director shall schedule the appeal for consideration at a public hearing before the Zoning Board of Appeals. The Planning Director shall transmit to the Board of Zoning Appeals all applications and other records pertaining to such appeal. The appeal must be taken within thirty days from the date the appealing party has received actual notice of the action from which the appeal is taken.

3.

The filing of an appeal shall stay all proceedings in furtherance of the contested action, unless the Planning Director certifies to the Board of Zoning Appeals that, in his or her opinion by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In that case, proceedings may not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

D.

Action by the Zoning Board of Appeals.

1.

Upon receiving the application materials from the Planning Director, the Board of Zoning Appeals shall hold a public hearing on the appeal. Notice of the public hearing shall be provided in accordance with subsection 7.2.F, Notice. At the hearing any party may appear in person or by agent or by attorney.

2.

Either at the public hearing or a subsequent meeting, the Board of Zoning Appeals shall adopt a resolution reversing, affirming, or modifying the contested action. In reversing, affirming, or modifying the contested action, the Board of Zoning Appeals shall have all relevant powers of the administrative officer from whom the appeal is taken.

3.

The Board of Zoning Appeals shall not reverse or modify the contested action unless it finds that there was an error in the application or interpretation of the terms of this Ordinance or related policies adopted by the city.

4.

The Board of Zoning Appeals shall not reverse or modify the contested action unless there is a concurring vote of a majority of the quorum then present.

E.

Effect of Reversal or Modification. In the event that the Board of Zoning Appeals reverses or modifies the contested action, all subsequent actions taken by administrative officers with regard to the subject matter shall be in accordance with the reversal or modification granted by the Board of Zoning Appeals.

F.

Appeal from Zoning Board of Appeals to Circuit Court. Any appeal from a decision of the Board of Zoning Appeals shall be to circuit court in accordance with Section 6-29-820, et. seq., of the Code of Laws of South Carolina. Any such petition to the court shall be filed with the court clerk no later than thirty (30) days after the date the decision of the Board of Zoning Appeals is mailed.

A.

Enforcement Responsibility. The Planning Director is hereby assigned the duty and authority to administer and enforce the provisions of this Ordinance. If the Planning Director finds that any of the provisions of this Ordinance are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He shall order the discontinuances of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to ensure compliance with, or to prevent violation of its provisions.

B.

Complaints Regarding Violations and Remedies. Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the causes and basis of such complaint and shall be filed with the Planning Director. The Planning Director may also become aware of a violation through a verbal complaint or through his own knowledge. He shall record properly such complaint, immediately investigate, and take whatever action is necessary to assure compliance with the Ordinance.

C.

Remedies. In any case, any building or structure is proposed to be used, or is erected, constructed, reconstructed, altered, maintained, or used; or any land is proposed to be used, or is used in violation of this Ordinance, the Planning Director, the Mayor and Council, the City Attorney, or any other person aggrieved may, in addition to other remedies provided by law, institute an injunction, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.

D.

Penalties for Violation. Any owner, agent, or any other persons violating any provisions of this Ordinance shall be guilty of a misdemeanor, shall be prosecuted according to procedures established for misdemeanors, and upon conviction shall be punished in accordance with the provisions of Section 1-13 of the City Code of Ordinances. Each day such violation continues shall constitute a separate offense. In the case of tree ordinance violations, every tree shall be considered a separate offense. Nothing herein contained shall prevent the City from taking other such lawful action as is necessary to prevent any violations.

A.

Application.

1.

The applicant shall apply in writing to the City of Hardeeville for a land disturbance permit to disturb or change land in the city. Such application shall be accompanied by three (3) copies of an Erosion and Sediment Control Plan prepared in accordance with this ordinance. The plan shall be certified by the applicant and by a South Carolina Registered Professional Civil Engineer, Land Surveyor, or Landscape Architect, where allowed by South Carolina State Code.

2.

A landowner proposing to construct one (1) single-family residence on the property may develop and certify his own Erosion and Sediment Control Plan for a tract of land containing two (2) acres or less, provided: 1) the areas to be disturbed will not allow water to flow in any one direction for over two hundred (200) feet before entering a curb inlet, etc.; and 2) the cuts and fills established will not exceed a height or depth of over five (5) feet; 3) there will be no concentrated off-site water to be controlled on the site and 4) no off site drainage system will be impeded or effected by such an activity. The plan so developed must meet the objectives of this section.

3.

The application and grading permit fees are included in the fees assessed under the City's land development regulations and MZDO.

B.

Approval or Disapproval of Application.

1.

If the Erosion and Sediment Control Plan conforms to the requirements of this Section 4.9, the City shall issue the land disturbance permit to the applicant, with a copy of the approved plan. However, if the plan does not conform with the requirements of this Section 4.9, written notification of the permit denial shall be forwarded to the applicant that indicates the reason(s) for plan disapproval.

2.

Review of the Erosion and Sediment Control Plan shall require thirty (30) working days or less from the date of submittal until the time a decision is rendered, either approving or disapproving the plan. However, if the City determines that the size and scope of the proposed plan requires additional time for adequate review, the review period shall be extended as determined appropriate by the City, but in no event shall the review period exceed forty-five (45) working days.

3.

If an Erosion and Sediment Control Plan is disapproved and the land disturbance permit denied, the applicant may elect to correct the indicated deficiencies in conformity with the provisions of this Section 4.9 and resubmit the application and plan. No additional application fee shall be assessed for such resubmission.

C.

Other Authorization and Requirements. When any other authorization, bonds, or other sureties are required by applicable laws, regulations, or ordinances pertaining to any part of the proposed work to be done under the Erosion and Sediment Control Plan, the applicant shall furnish the City with satisfactory evidence that such requirements have been met before the commencement of work under an approved plan and land disturbance permit.

D.

Extension of Time. If the applicant is unable to complete the work within the time specified in the approved plan and permit, he or she may, prior to the expiration of such time, present a written request to the City for an extension of time, setting forth reasons for the requested extension. The City shall approve or deny the request for an extension of time subject to such additional erosion and sediment control measures as may be reasonably required.

E.

Responsibility of Applicant.

1.

The applicant shall be responsible for carrying out the proposed work in accordance with the approved Erosion and Sediment Control Plan and grading permit, and in compliance with the requirements of this article.

2.

The applicant shall be responsible for compliance with all applicable regulations pertaining to the protection of wetlands.

3.

The applicant shall be responsible for notifying the City of Hardeeville Building Official a minimum of two (2) business days prior to the start of construction.

F.

Supplemental Regulations. All applicable provisions for the Standards for Stormwater Management and Sediment Reduction (Sections 72-301, 302, 305, 307, 308, 312, 313, 314, 315 and 316) administered by the South Carolina Department of Health and Environmental Control pursuant to the South Carolina Stormwater Management and Sediment Reduction Act of 1991 are incorporated by reference herein.