A.   Purpose and Intent

The purpose of this chapter is to establish development and design standards for development in the Town. The standards promote good site design and planning to produce development that is functional, serves as an asset to the community, is in keeping with the general aesthetics, philosophy, and character of the Island, and protects and enhances the unique barrier island environment. The standards allow for and promote design that integrates man-made improvements to the land with the natural elements of the land.

B.   Applicability

The development and design standards of this Chapter are applicable to all development in the Town except as expressly provided otherwise in this Ordinance.

A.   Purpose and Intent

B.   Applicability

The purpose of the adjacent street and use setback standards in this section is to provide separation between structures and adjacent streetrights-of-way and property lines. Such separation is intended to maintain and protect the Town's Island character, ensure protection from street traffic, and facilitate adequate air circulation and light between structures and the street, and between structures in adjacent developments.

C.   Adjacent Street Setback Requirements

Unless expressly exempted or modified in this subsection or for the CR, S, and IL Districts in Chapter 16-3: Zoning Districts, all portions of a structure shall be located to the interior of the vertical and angled planes established by the applicable minimum setback distance from an adjacent street and maximum setback angle shown in Table 16-5-102.C, Adjacent Street Setback Requirements, based on the proposed use and the classification of the adjacent street. (See Figure 16-5-102.C, Street Setback Angle.)

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Figure 16-5-102.C, Street Setback Angle

 

(Revised 12-5-2017 - Ordinance 2017-19; revised 8-18-2020 - Ordinance 2020-19; revised 11-18-2020 - Ordinance 2020-27; revised 7-20-2021 - Ordinance 2021-15; revised 3-7-2023 - Ordinance 2023-04)

D.   Adjacent Use Setback Requirements

1.

Unless expressly exempted or modified in this subsection or for the CR and S Districts in Chapter 16-3: Zoning Districts, all portions of a structure shall be located to the interior of the vertical and angled planes established by the applicable minimum setback distance from adjacent properties and maximum setback angle shown in Table 16-5-102.D, Adjacent Use Setback Requirements, based on the proposed use and the existing use of the adjacent property (or zoning of a vacant adjacent property). (See Figure 16-5-102.D, Use Setback Angle.)

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Figure 16-5-102.D, Use Setback Angle

 

2.

Where the adjacent property includes uses from more than one listed use classification/use type (including mixed-use developments), the adjacent use setback required shall be that for the use classification/use type to which the greatest percentage of the development'sgross floor area is devoted.

3.

The adjacent use setback distance applicable to lots along the perimeter of development subject to Small Residential Development Review may be reduced by up to 50 percent, down to no less than five feet. The Official may allow further reduction as necessary to ensure that the total area within such perimeter setbacks does not exceed 20 percent of the total area of the site of the Small Residential Development.

4.

There is no adjacent use setback requirement for non-single-family properties when the proposed development and the adjacent development function as a single development due to having either shared parking, connecting vehicular access or shared stormwater facilities. The recording of a cross access easement agreement between the two properties is required.

(Revised 12-5-2017 - Ordinance 2017-19; revised 7-20-2021 - Ordinance 2021-15; revised 3-7-2023 - Ordinance 2023-04)

E.   Allowable Setback Encroachments

Table 16-5-102.E, Allowable Setback Encroachments, identifies features that are allowed to encroach beyond the vertical and angled planes defined by minimum adjacent street and use setback requirements.

(Ord. No. 2015-23, 11-3-2015; revised 5-17-2016 - Ordinance 2016-07; revised 12-5-2017 - Ordinance 2017-19)

A.   Purpose and Intent

The purpose of the adjacent street and use buffer standards in this section is to spatially separate development from adjacent streets and adjacent development with aesthetically pleasing natural or landscaped buffers. Such buffers are intended to help mitigate potential adverse impacts (e.g., noise, odor, fumes) from adjacent street traffic, create an attractive streetscape for motorists, allow the location of certain dissimilar land uses adjacent to one another by mitigating potential negative effects between the uses, and provide space for landscaping that can help improve air and water quality and be used to reduce stormwater runoff.

B.   Applicability

C.   Landscape Plan Required

Applications for development where a buffer is required shall include a landscape plan in accordance with the submittal requirements in Appendix D: Application Submittal Requirements.

D.   Adjacent Street Buffer Requirements

Unless expressly exempted or modified in this subsection, development shall provide a buffer along adjacent streets that is of the type designated in Table 16-5-103.D, Adjacent Street Buffer Requirements, for the proposed use and the classification of the adjacent street. Descriptions and width and screening requirements for the various buffer types are set out in Sec. 16-5-103.F, Buffer Types.

(Revised 11-18-2020 - Ordinance 2020-27; revised 7-20-2021 - Ordinance 2021-15)

E.   Adjacent Use Buffer Requirements

1.

Unless expressly exempted or modified in this subsection, development shall provide a buffer along common property lines with adjoining properties that is of the type designated in Table 16-5-103.E, Adjacent Use Buffer Requirements, for the proposed use and the classification of the use of the adjacent property (or zoning of a vacant adjacent property). Descriptions and width and screening requirements for the various buffer types are set out in Sec. 16-5-103.F, Buffer Types.

(Revised 6-6-2017 - Ordinance 2017-08; revised 12-5-2017 - Ordinance 2017-19; revised 7-20-2021 - Ordinance 2021-15)

2.

There is no adjacent use buffer requirement for non-single-family properties when the proposed development and the adjacent development function as a single development due to having either shared parking, connecting vehicular access or shared stormwater facilities. The recording of a cross access easement agreement between the two properties is required.

(Revised 12-5-2017 - Ordinance 2017-19; revised 3-7-2023 - Ordinance 2023-04)

F.   Buffer Types

Table 16-5-103.F, Buffer Types, describes the five different buffer types in terms of their function, opacity, width, and planting requirements. The planting requirements should be used as a guide to achieve an aesthetically pleasing landscaped buffer and only apply if the existing buffer does not meet the intent of the prescribed buffer. Either of the options under a specific buffer type may be used at the option of the developer/applicant. If the square footage of an existing building on a site is being increased by more than 50% then the buffers must be brought into compliance with the standards in this table.

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TABLE 16-5-103.F: BUFFER TYPES
MINIMUM BUFFER WIDTH AND SCREENING REQUIREMENTS1,2,3,4,5
TYPE A BUFFER
This buffer includes low-density screening designed to partially block visual contact and create spatial separation between adjacent uses or between development and adjacent streets with low traffic volumes.
Option 1		• Width: 20 feet • Overstory trees: 2 every 100 linear feet • Understory trees: 3 every 100 linear feet • Evergreen shrubs: 8 every 100 linear feet
Option 2		• Width: 10 feet • Overstory trees: 2 every 100 linear feet • Understory trees: 4 every 100 linear feet • Evergreen shrubs: 10 every 100 linear feet
TYPE B BUFFER
This buffer includes low- to medium-density screening designed to create the impression of spatial separation without significantly interfering with visual contact between adjacent uses or between development and adjacent minor arterials.
Option 1		• Width: 25 feet • Overstory trees: 3 every 100 linear feet • Understory trees: 6 every 100 linear feet • Evergreen shrubs: 10 every 100 linear feet
Option 2		• Width: 15 feet • Overstory trees: 4 every 100 linear feet • Understory trees: 8 every 100 linear feet • Evergreen shrubs: 12 every 100 linear feet
TYPE C BUFFER
This buffer includes medium-density screening designed to eliminate visual contact at lower levels and create spatial separation between adjacent uses.
Option 1		• Width: 25 feet • Overstory trees: 3 every 100 linear feet • Understory trees: 5 every 100 linear feet • A solid wall or fence at least 3 feet high or a solid evergreen hedge at least 3 feet high and 3 feet wide
Option 2		• Width: 15 feet • Overstory trees: 4 every 100 linear feet • Understory trees: 6 every 100 linear feet • A solid wall or fence at least 3 feet high or a solid evergreen hedge at least 3 feet high and 3 feet wide • At least 50% of all trees must be evergreen
TYPE D BUFFER
The buffer includes high-density screening designed to eliminate visual contact up to a height of six feet and create a strong spatial separation between adjacent uses. A Type D buffer is required adjacent to all loading areas per Section 16-5-107.H.8.d, Buffering of Loading Areas.
Option 1		• Width: 30 feet • Overstory trees: 5 every 100 linear feet • Understory trees: 6 every 100 linear feet • Evergreen shrubs: 25 every 100 linear feet and at least 6 feet high at maturity • At least 50% of all trees must be evergreen
Option 2		• Width 20 feet • Overstory trees: 6 every 100 linear feet • Understory trees: 8 every 100 linear ft • A solid wall or fence at least 6 feet high or a solid evergreen hedge at least 6 feet high and 3 feet wide • At least 50% of all trees must be evergreen
TYPE E BUFFER
This buffer provides greater spacing and medium-density screening designed to define "green" corridors along major arterials.
Option 1		• Width: 50 feet • Overstory trees: 4 every 100 linear feet • Understory trees: 5 every 100 linear feet • Evergreen shrubs: 20 every 100 linear feet and at least 3 feet high at maturity
Option 2		• Width: 35 feet • Overstory trees: 5 every 100 linear feet • Understory trees: 7 every 100 linear feet • Evergreen shrubs: 25 every 100 linear feet and at least 3 feet high at maturity • At least 50% of all trees must be evergreen
NOTES: 1. Required overstory trees shall be distributed and spaced to maximize their future health and effectiveness as buffers. Other required vegetation shall be distributed within the buffer as appropriate to the function of the buffer. 2. Where an adjacent use is designed for solar access, understory trees may be substituted for overstory trees. 3. Fences or walls within an adjacent street or use buffer shall comply with the standards of Sec. 16-5-113, Fence and Wall Standards. 4. A berm may be provided in conjunction with the provision of a hedge, fence, or wall to achieve height requirements, provided its side slopes do not exceed a ratio of three horizontal feet to one vertical foot and the width of its top is at least one-half its height. 5. If a buffer length is greater or less than 100 linear feet, the planting requirements shall be applied on a proportional basis, rounding up for a requirement that is 0.5 or greater, and down for a requirement that is less than 0.5. (For example, if the buffer length is 150 linear feet, and there is a requirement that 5 overstory trees be planted every 100 linear feet, 8 overstory trees are required to be planted in the buffer (1.5 x 5 = 7.5, rounded up to 8)).

 

(Revised 12-5-2017 - Ordinance 2017-19; revised 1-7-2020 - Ordinance 2020-02; revised 3-7-2023 - Ordinance 2023-04)

G.   Location of Buffers

Buffer areas shall be located between the property boundary and all development on the site, but not necessarily within the minimum setback.

H.   Existing Vegetation

1.

If a buffer area has existing trees, they shall be preserved and be used as part of the buffer to comply with the buffer standards of this Ordinance. Where groupings of native shrubs are present, their preservation with minimum disturbance is required. Any clearing or other work in buffers must have the prior approval of the Official.

(Revised 5-17-2016 - Ordinance 2016-07; revised 1-7-2020 - Ordinance 2020-02)

2.

In order to preserve existing vegetation and to restrict activities within a buffer, protective fencing shall be installed in accordance with Sec. 16-6-104.J, Tree and Buffer Protection During Development Activity.

(Revised 1-7-2020 - Ordinance 2020-02)

3.

Existing vegetation that is preserved shall not be limbed up from the ground more than five feet to the lowest branches, except:

a.

Vegetation at intersections may be limbed up to a greater height to ensure compliance with Sec. 16-5-105.H.4, Sight Triangles; and

b.

If understory planting is proposed, the Official may allow existing vegetation to be limbed up to a height that will provide adequate sunlight to plants.

(Revised 1-7-2020 - Ordinance 2020-02)

4.

The removal of invasive species shall be allowed with an approved replanting plan, if needed.

(Revised 5-17-2016 - Ordinance 2016-07; revised 1-7-2020 - Ordinance 2020-02))

I.   Buffer Materials

At the time of planting, overstory and understory trees included as part of required buffers shall comply with the size standards for supplemental and replacement trees in Sec. 16-6-104.I, Standards for Supplemental and Replacement Trees; evergreen shrubs shall be at least three feet in height above ground level. All buffer plantings must be native species of plants, see Appendix C, except where ornamental plantings or plants that have historically been prevalent on Hilton Head Island are approved as part of a Corridor Review approval.

J.   Development Within Required Buffers

Development is prohibited within required buffers except in accordance with this subsection.

1.

The following activities may occur in required buffers, unless expressly prohibited elsewhere in this Ordinance.

a.

Street or driveway access, provided it runs approximately perpendicular to/from the adjacent street right-of-way or common property line.

b.

Walkways, pathways, trails, benches, bike racks, and other elements associated with passive recreation or the provision of continuous pedestrian and bicycle connections between adjoining properties, provided all landscaping required by Sec. 16-5-103.F, Buffer Types, is provided and the Official determines that installation or maintenance of such elements will minimize impacts on to required vegetation to the maximum extent practicable.

c.

Lighting fixtures.

d.

Service and utility lines and minor facilities (e.g. water, sanitary sewer, electrical, telephone, natural gas, cable, storm drainage lines, utility boxes and pedestals), subject to the following standards:

i.

Such lines generally shall run approximately perpendicular to/from the adjacent street right-of-way or common property line. If they must be installed approximately parallel to the street right-of-way or property line, the easement for the lines may be included as part of a required buffer if the easement allows the vegetation or structures necessary to meet buffer screening requirements and provides the requisite visual separation in a manner that is aesthetically acceptable; otherwise, additional buffer width shall be required to provide the space needed for the required buffer screening.

ii.

Permission for easement and right-of-way disturbance and clearings for such utility and service lines and facilities shall be more favorably considered when such activity is consolidated with vehicular access routes.

2.

The following features and activities are allowed within adjacent street buffers only:

a.

Signage, to the extent permitted by Sec. 16-5-114, Sign Standards.

b.

Clearing for sight distances at permitted entrances and exits to any development as required to provide for reasonable traffic safety.

c.

Fountains, plazas, sculptures, and similar features that are part of publicly owned facilities, where approved by the Official.

K.   Credit Toward Open Space

Adjacent street and use buffers required by this section may be credited against the common open space required by Sec. 16-5-104, Open Space Standards.

(Ord. No. 2015-23, 11-3-2015)

A.   Purpose and Intent

The purpose and intent of this section is to ensure a portion of residential development sites is set aside as common open space for the use and enjoyment of the development's occupants and users. Common open space serves numerous purposes, including preservation and protection of natural areas and features, providing opportunities for passive and active recreation, providing areas for people to meet and congregate, and limiting impervious surfaces that adversely impact water quality and the environment.

B.   Applicability

1.

The provisions of this section apply to any Major Subdivisions (six or more lots) creating lots for residential development, unless expressly exempted in this section.

2.

The provisions of this section also shall apply to any Minor Subdivision (five or fewer lots) creating lots for residential development that is expanded onto adjacent parcels so the total number of lots in the subdivision is greater than five.

C.   Common Open Space Requirement

1.

At least 16 percent of the land within the subdivision shall consist of common open space meeting the requirements of this section.

2.

Common open space shall be depicted on any plat of the development submitted for approval and labeled "open space."

D.   Common Open Space Location and Configuration

Required common open space shall be reasonably accessible from all parts of the subdivision, especially by pathways.

E.   Ownership, Management and Maintenance of Common Open Space

Common open space shall be maintained so that its use and enjoyment as open space is not diminished or destroyed. Ownership of common open space shall be subject to deed restrictions or recorded covenants and restrictions that prevent development or subsequent subdivision of the common open space and provide responsibility for maintenance of the common open space.

A.   Mobility

B.   Street Hierarchy

1.

Streets shall be classified in a street hierarchy system, with through traffic separated from residential access streets, and with design tailored to function.

2.

The street hierarchy shall be defined by street function and average daily traffic (ADT). Each street shall be classified and designed to meet or exceed the minimum standards for one of the street types defined above.

3.

The streets as identified in Table 16-5-105.B: Designated Arterials, are designated as major and minor arterial streets, respectively:

C.   General Street Design Standards

All streets shall comply with the following standards, as applicable:

1.

The arrangement of streets shall conform to that indicated by the Comprehensive Plan or Official Map, as appropriate.

2.

For streets not shown on the Comprehensive Plan or Official Map, the arrangement of streets shall provide for the extension of existing streets where appropriate.

3.

The street system shall be designed to permit the safe, efficient, and orderly movement of traffic, and should generally follow the guidelines of the latest edition of SCDOT's Highway Design Manual and AASHTO's A Policy on Geometric Design of Highways and Streets.

4.

The street system for residential subdivisions shall be designed to serve the needs of the residential subdivision and to discourage use by through traffic.

5.

Bicycle-safe drainage grates shall be used and perpendicular to the direction of travel in the construction of all streets.

6.

The Official may require marginal access, frontage streets, or other such treatment as may be necessary for adequate protection of residential properties where a subdivision abuts or contains an existing or proposed arterial, collector, or other major street. This requirement shall not apply in a development (such as a PUD) where a central access street is provided.

7.

The standards set forth above shall be met by all streets, whether publicly owned or maintained or privately owned or maintained.

D.   Exceptions for Streets in the Town's Dirt Road Paving Program

The Town has a program to accept donations of public road rights-of-way on qualifying private unpaved roads with a goal to provide publicly maintained infrastructure within these rights-of-way. The Town may approve different right-of-way design standards on these particular roads, including streets, pathways, and storm drainage, to achieve this goal. If the donations of public road rights-of-way meet the Town's acceptance criterion, a public Town right-of-way will be recorded and the Town will maintain that right-of-way in perpetuity. The criterion are as follows:

• The road must serve more than five dwelling units, each with an individual address point; and

• Property owners must express interest in public road right-of-way assemblage (100% willing participation); and

• Land for the public road right-of-way must be donated to the Town; and

• Condemn land only as necessary due to unclear title issues; and

• Community volunteers may assist staff with facilitating right-of-way donations.

In an effort to encourage the right-of-way donations, the Town will provide relief to certain standards as described below:

1.

Right-of-way width standards per Sec 16-5-105.D.1. shall apply, except the Town Engineer may accept a minimum right-of-way width of 30' for two-way traffic and a minimum right-of-way width of 24' for one-way traffic where physical and property constraints preclude the standard widths from reasonably being met.

2.

End Treatments shall be constructed in accordance with Sec 16-5-105.H, except where the Town Engineer and Fire Marshal have deemed physical and property constraints preclude this from reasonably being met.

3.

Adjacent street setbacks shall be five feet along properties abutting the new Town right-of-way.

4.

Adjacent street buffers shall not apply to properties abutting the new Town right-of-way.

5.

Each adjacent parcel abutting the Town right-of-way acquired under this program shall be permitted to develop to its full density potential based on the size of the parcel prior to the establishment of the Town right-of-way.

(Revised 11-18-2020 - Ordinance 2020-27)

E.   Design Standards by Street Type

F.   Right-of-Way

Right-of-way shall be measured from property line to property line and shall be sufficiently wide to contain the encompassing street elements of street pavement, shoulders, curbing, sidewalks and median (if provided). In addition to a street, It may contain, but is not limited to, utilities (including drainage), signs as allowed by Sec. 16-5-114, Sign Standards, landscaping, and where applicable, pathways. The street elements required vary depending on intensity of development and street order. Minimum rights-of-way shall be provided in Sec. 16-5-105.E.1, Street Standards.

(Revised 11-18-2020 - Ordinance 2020-27)

G.   Cul-de-Sac

To be classified as a cul-de-sac, a street must terminate at one end with the hammerhead or cul-de-sac geometric end treatment described in 16-5-105.G and 16-5-105.H, respectively.

1.

A residential cul-de-sac shall have a minimum right-of-way radius of 65 feet and a minimum outside edge-of-pavement radius of 55 feet.

2.

A nonresidential cul-de-sac shall have a minimum right-of-way radius of 75 feet and a minimum outside edge-of-pavement radius of 65 feet.

3.

A cul-de-sac shall have a minimum width of 20 feet of unobstructed pavement.

4.

A residential cul-de-sac shall have a maximum length of 1,000 feet.

Figure 16-5-105.G: Cul-de-Sac Design

(Revised 11-18-2020 - Ordinance 2020-27)

H.   Hammerheads

1.

Hammerheads shall have a minimum length of 60 feet and a maximum length of 120 feet.

2.

A hammerhead shall have a minimum width of 20 feet of unobstructed pavement.

Figure 16-5-105.H: Hammerhead Design

(Revised 11-18-2020 - Ordinance 2020-27)

I.   Street Intersections

4.   Sight Triangles

a.

Sight triangles shall be required and shall include the area on each street corner that is bounded by the line that connects the "connecting" points located on each of the right-of-way lines of the intersecting street (see Figure 16-5-105.H.1: Sight Triangle Visual Clearance).

b.

No structure or plantings (at mature growth) exceeding 30 inches in height above the street grade shall be permitted within the sight triangle. Exceptions are permitted for trees if the lower canopy of the trees allows a clear line of sight between three feet and seven feet above the street grade and the trunks of such trees are sufficiently spaced or are so located as to be unlikely to substantially interrupt the line of sight.

Figure 16-5-105.I.1: Sight Triangle Visual Clearance

c.

Obstruction of a sight triangle is considered a violation of this Ordinance. Clearance of an obstruction shall be enforced in accordance with Chapter 16-8: Enforcement.

d.

Sight triangles shall have the dimensions shown in Table 16-5-105.I.4, Sight Triangle Dimensions.

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TABLE 16-5-105.I.4: SIGHT TRIANGLE DIMENSIONS (FEET)1
CLASSIFICATION OF STREET "A"	CLASSIFICATION OF STREET "B"
	LANE, CUL-DE-SAC, LOCAL ACCESS	SUBCOLLECTOR	COLLECTOR	MINOR ARTERIAL	MAJOR ARTERIAL
Lane, Cul-de-Sac, Local Access	25/25	25/35	30/40	30/45	35/50
Subcollector	35/25	35/35	40/40	40/45	45/50
Collector	40/30	40/40	40/40	45/45	50/50
Minor Arterial	45/30	45/40	45/45	45/45	50/50
Major Arterial	50/35	50/45	50/50	50/50	50/50
1. The first number in each pair is the length of the sight triangle's leg along the right-of-way of street "A"; the second is the length of the leg along the right-of-way of street "B" (see Figure 16-5-105.I.2: Sight Triangle Dimensions).
Figure 16-5-105.I.2: Sight Triangle Dimensions.

 

J.   Access to Streets

4.   One-Way Access Points

When evaluating the required minimum distance separation between vehicular access points along the same side of a street, a pair of one-way vehicular access points may be considered a single vehicular access point centered midway between the pair. The centerline-to-centerline spacing between any ingress/egress pair must be a minimum of 100 feet, unless the one-way pair is divided by a median that is 20 feet wide or less. A one-way vehicular access point shall have a width of not less than 14 feet or more than 20 feet. These vehicular access points shall attain at least one-half of the minimum distance separation from adjacent vehicular access points that would otherwise be required.

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Figure 16-5-105.J.4: Separation Requirements for One-Way Access Points

 

K.   Private Streets

The developer shall record restrictive covenants defining operation and maintenance responsibilities for private streets with the Beaufort County Register of Deeds.

(Revised 11-18-2020 - Ordinance 2020-27)

L.   Street Lighting

Street lighting, if provided, shall comply with the standards recommended in the latest edition of the IES Lighting Handbook published by the Illuminating Society of North America, or other comparable standards approved by the Official. All such lighting shall be hooded or directed, to the extent practical, to shield the light source from direct view from adjacent properties and streets.

(Revised 11-18-2020 - Ordinance 2020-27)

M.   Traffic Signs and Street Name Signs

N.   Street Furniture

Street furniture, which consists of the man-made elements of a streetscape generally associated with amenities for pedestrians, shall be placed where needed and not interfere with safe use of the pathway or roadway.

(Revised 11-18-2020 - Ordinance 2020-27)

O.   Street Design and Construction Standards

Subject to the Town Engineer's approval, the following standards shall apply:

P.   Multi-Purpose Pathways

Multi-purpose pathways to accommodate both pedestrian and bicycle traffic may be provided independent of the street system. The pathway standards in this section apply only to pathways constructed generally parallel to streets within a private or public right-of-way. The following standards shall apply to multi-purpose pathways:

(Revised 5-17-2016 - Ordinance 2016-07)

1.

Pathways shall be designed and provided in accordance with the latest edition of AASHTO's Guide for the Development or Bicycle Facilities. Dimensions and construction specifications of multi-purpose paths shall be determined by the number and type of users and the location and purpose of the path.

Figure 16-5-105.P.1: Pathway Dimensions

2.

A minimum eight-foot paved width shall be provided for two-way traffic and a five-foot width for one-way traffic. A five-foot sidewalk on each side of the roadway is an acceptable alternative to providing a single separated two-way pathway facility.

(Revised 5-17-2016 - Ordinance 2016-07)

3.

Choice of surface materials, including bituminous mixes, concrete, gravel, soil cement, stabilized earth, and wood planking, shall depend on use and users of the path, as approved by the Town Engineer.

4.

Gradients of bike paths should generally not exceed a grade of five percent, except for short distances. In no case, shall the gradient exceed a grade of eight percent.

5.

Any multi-purpose pathway shall be restricted as part of the site's common open space when within a major subdivision. A permanent easement for the pathway shall be dedicated or reserved and shall provide for access to the pathway to allow for its maintenance.

6.

Bicycle-safe drainage grates shall be used and properly oriented with their openings aligned perpendicular to the pathway in the construction of all multi-purpose pathways.

(Revised 11-3-2015 - Ordinance 2015-23; revised 11-18-2020 - Ordinance 2020-27))

A.   Purpose

The purpose of this section is to guide development in accordance with the existing and future needs of the Town in order to protect, promote and improve the public health, safety, morals, convenience, order, appearance, prosperity and general welfare of the citizens of the Town, by ensuring new development does not overburden and congest the Town'sstreets.

B.   Intent

The regulations of this section are designed and intended:

1.

To ensure that the Town'sadopted traffic service level standards are met within the Town and to provide safety from fire, panic and other dangers, to promote the public health and general welfare, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of street facilities.

2.

To enable the Town to conduct an appropriate review and evaluation of the traffic impact of proposed development, to provide for the imposition of conditions in order to assure that new development does not impair the Town's ability and obligation to provide adequate street facilities to all its citizens, and to prescribe necessary project-specific mitigation measures or to otherwise condition traffic impact analysis plan approval.

3.

To ensure that no traffic impact analysis plan approvals are granted that would cause a reduction in the service level of any street facility that is currently operating in a manner that fails to satisfy the Town's adopted traffic service level standards.

4.

To ensure that no traffic impact analysis plan approvals are granted unless street facilities with adequate capacity to accommodate the traffic generated by the proposed development are available concurrently with the scheduled opening of the development.

5.

To establish uniform procedures for the review of applications for traffic impact analysis plan approval subject to the traffic impact analysis plan requirements set forth herein.

6.

To better coordinate the short-term growth potential of the Town with the immediately available street system capacity, taking into account exempt development and approved development that has not been built, to the extent to which these may be eligible for development plan approval without being subject to the traffic impact analysis plan requirements of this section.

7.

To better coordinate the long-term growth potential of the Town with a realistic assessment of street capacity which is currently and which may in the future become available, recognizing the limitations on the Town's financial resources, the constraints presented by the geography of the Island, and the need to preserve the Island's sensitive natural, historic, and environmental resources.

8.

To better coordinate the type, location, amount, timing, and rate of development of proposed land uses in accordance with the Comprehensive Plan, zoning district regulations, and Official Zoning Map with the present and projected future availability of street system capacity.

9.

To establish and maintain a traffic monitoring system to regularly determine the volume of traffic on the Town's street system and the degree to which capacity limits ("thresholds") are being approached or exceeded.

10.

It is not the intent of this section to deny to any person a reasonable opportunity to develop land in a beneficial manner, but rather to coordinate the type, location, amount, timing, and rate of development with the Town's reasonable ability to provide adequate public street facilities consistent with the Town's adopted traffic service level standards.

C.   Traffic Impact Analysis Plan Standards

All required traffic impact analysis plans shall, at a minimum, indicate compliance or non-compliance with the standards of this section.

1.

The average total delay in seconds per vehicle for each signalized intersection does not exceed 55.0 seconds during the peak hour for an average July weekday; and

2.

The volume-to-capacity (V/C) ratio for each signalized intersection does not exceed 0.90 during the peak hour for an average July weekday; and

3.

The average total day on any approach to a traffic circle or roundabout does not exceed 150 seconds per vehicle during the peak hour for an average July weekday.

(Revised 3-7-2023 - Ordinance 2023-04)

A.   Purpose and Intent

The purpose of this section is to ensure provision of parking and loading facilities in proportion to the generalized parking and loading demand of the different uses allowed by this Ordinance. The standards in this section are intended to provide for adequate off-street parking and loading while allowing the flexibility needed to accommodate alternative solutions. The standards are also intended to achieve Town policies of supporting development and redevelopment and avoiding excessive paved surface areas.

B.   Applicability

1.

All development shall provide off-street parking and loading areas in accordance with the standards of this section.

2.

Any change in use of an existing development that does not involve expansion or remodeling subject to paragraph 3 below, shall comply with the standards this section as applied to the new use, to the maximum extent practicable.

3.

Except as otherwise provided in Sec. 16-7-105, Nonconforming Site Features, any expansion or remodeling of an existing use or structure that results in an increase in the number of dwelling units, square feet, rooms, seats, or other unit on which calculation of the minimum number of required parking or loading spaces is based shall provide additional off-street parking and loading spaces as required by application of the standards of this section to such increase, to the maximum extent practicable.

C.   Use of Parking and Loading Areas

Off-street parking areas required by this section shall be used solely for the parking of licensed motorized vehicles in operating condition. Required parking spaces and loading berths may not be used for the display of goods for sale, or the sale, lease, storage, dismantling, or service of any vehicles, boats, motor homes, campers, mobile homes, building materials, equipment, or supplies.

D.   Parking Space Requirements

E.   Parking Space and Aisle Dimensions

F.   Design of Parking Areas

G.   Landscaping of Parking Lots

H.   Off-Street Parking Alternatives

I.   Vehicle Stacking Distance for Drive-Through and Related Uses

1.   Required Stacking Distance

Driveways on which vehicles queue up to access a drive-through facility or similar service facility, or a drop-off or pick-up zone, shall provide at least the minimum stacking distance behind the facility or zone in accordance with Table 16-5-107.I.1, Minimum Stacking Distance for Drive-Through and Related Uses.

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TABLE 16-5-107.I.1: MINIMUM STACKING DISTANCE FOR DRIVE-THROUGH AND RELATED USES
USE OR ACTIVITY1	MINIMUM STACKING DISTANCE	MEASURED FROM
Automated teller machine (ATM)	60 ft	Center of the teller machine
Bank or financial Institution, with drive-through service	60 ft per lane	Center of the teller window
Car wash and auto detailing, automatic	40 ft per bay	Bay entrance
Car wash and auto detailing, self-service	20 ft per bay	Bay entrance
Drug store or pharmacy, with drive-through service	60 ft per lane	Center of the window
Dry cleaning or laundry drop-off establishment with drive-through service	60 ft per lane	Center of the window
Gas sales	20 ft	Each end of the outermost gas pump island
Gated driveway/entrance	40 ft	Gate
Nursing home	60 ft	Back end of the designated drop-off/pick-up zone
Oil change/lubrication shop	40 ft per bay	Bay entrance
Restaurant, with drive-through service 2	80 ft	Center of the order box
School, elementary or middle	1,500—2,000 ft	Back end of the designated drop-off/pick-up zone
Other	Uses not specifically listed are determined by the Official based on standards for comparable uses, or alternatively based on a parking demand study
NOTES: ft = feet 1. See Chapter 16-4: Use Standards. 2. Restaurants with drive-through service shall provide at least 80 feet of stacking distance between the center of the order box and the center of the pick-up window closest to the order box—see Figure 16-5-107.I.1: Stacking Distance for a Drive-Through Restaurant.

 

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Figure 16-5-107.I.1.: Stacking Distance for a Drive-Through Restaurant

 

(Revised 4-18-2017 - Ordinance 2017-05)

A.   Purpose and Intent

The purpose of this section is to regulate exterior site lighting to ensure the safety of motorists, bicyclists, and pedestrians, and minimize adverse impacts on adjacent lands. The regulations in this section are intended to ensure that all exterior site lighting is designed and installed to maintain adequate lighting levels on a site while limiting excessive lighting impacts on adjacent lands, streets, and paths.

B.   Applicability

The standards in this section shall apply to all development in the Town unless expressly exempted elsewhere in this Ordinance.

C.   General Exterior Lighting Standards

D.   Exterior Lighting Illumination Levels

1.

All exterior site lighting facilities shall be designed and located so that the level of illumination measured in foot-candles (fc) at ground level at any one point complies with the standards set forth in Table 16-5-108.D, Exterior Lighting Illumination Levels.

2.

Exterior site lighting facilities not identified in Table 16-5-108.D, Exterior Lighting Illumination Levels, are not required to comply with these illumination standards.

(Ord. No. 2015-23, 11-3-2015)

A.   Purpose

The purpose of the standards in this section is to ensure that developments incorporate best management practices to minimize and manage stormwater runoff so as to control flooding, protect the quality of the ground and surface waters within and surrounding the Town, and minimize erosion and sedimentation. Specifically, this section is intended to supplement the State's stormwater management program and standards with additional standards that ensure control of the volume and flow of stormwater runoff, limit pollutants in stormwater runoff, provide opportunities for the filtering and settling of pollutants from runoff before it enters the ground water and surface waters, and minimize erosion and sedimentation from stormwater runoff.

B.   Applicability

C.   General Standards for Stormwater Management

D.   Drainage Design Standards

E.   Inspection and Certification of Construction

The application for a Certificate of Compliance for a development, or approved phase thereof, shall include certification by a professional engineer registered in South Carolina that the development site work was constructed in accordance with approved plans and the requirements of this Ordinance. Prior to approval of such application, the Town Engineer or his or her designee shall conduct an inspection of constructed stormwater management facilities. Any deficiencies identified by the inspection shall be corrected before a Certificate of Compliance is issued.

F.   As-Built Survey

1.

Before issuance of a Certificate of Compliance, the applicant shall submit to the Town Engineer an as-built survey prepared and certified by a South Carolina professional land surveyor that accurately identifies and depicts the horizontal location of all property corners, easements, and the horizontal and vertical locations of all on-site improvements. The as-built survey shall show:

a.

Closed polygons of all impervious areas (buildings, sidewalks, parking facilities, paved areas), utilities, storm drainage structures, pipes, channels, and detention/retention areas;

b.

The diameter and type of material for all new storm drainage pipes;

c.

All storm drainage structures, grate/rim, and invert elevations, along with finish grades on pavements and curbing as per the design plans (with design elevations to be struck through and the actual as-built elevations to be underlined and shown directly above or below the design elevation).

2.

The as-built survey shall be clearly labeled and based on NAD 83, NAD 83 State Plane South Carolina Feet Intl, and NAVD 88 datums.

3.

The as-built survey shall be submitted in the form of two sets of hard copy, sealed prints at a legible scale, and the digital file in AutoCAD 2007 format or newer.

G.   Drainage Easements

H.   Maintenance of Stormwater Management Facilities and Easements

All required drainage easements and stormwater management facilities shall be maintained in accordance with the provisions in this subsection.

I.   Erosion and Sedimentation Control

A.   Required Utility Services and Standards

All development shall be provided with minimum services in accordance with the provisions of this section. The property owner or developer, agents or assignees shall assume responsibility for the provision of basic services within the proposed development. The requirement of services as a prerequisite for development does not in any way obligate the Town Council or its departments or agents to furnish such services.

B.   Minimum Service Requirements

No development shall be undertaken unless appropriate documentation is provided for the following basic services, as applicable:

1.

Water supply of acceptable quality and quantity to satisfy demand for potable water and firefighting service.

2.

Means for treatment and disposal of domestic sewage and other liquid wastes, or the approval of the use of septic tanks, together with appropriate soil tests.

3.

Electric power supply.

4.

Telephone service.

C.   Conformance to Standards and Regulations

No development shall be undertaken except in conformance with all applicable standards, regulations, specifications and permitting procedures established by any duly authorized governing body or its authorized agents for the purpose of regulating utilities and services. It shall be the responsibility of the developer to show that the development is in conformance with all such standards.

D.   Easements

No development shall be undertaken unless adequate easements are provided for the installation and maintenance of all required or planned utilities. The developer shall also demonstrate that adequate provisions have been made for access to and maintenance of all easements.

E.   Utilities Underground

All new or relocated electrical, cable television, telephone, and gas utility lines, whether publicly or privately owned, shall be installed underground, except where the Official determines that underground installation is inappropriate.

A.   Applicability

1.

All development activity on Hilton Head Island shall conform to the standards governing flood zones that are referenced to the floodplain protection zones identified by the Federal Emergency Management Agency (FEMA), unless a variance from such standards is granted by the Town in accordance with Title 15 (Building and Building Codes) of the Municipal Code.

2.

The location of the flood zones on Hilton Head Island are identified by the Town-adopted Flood Insurance Rate Maps (FIRMs).

3.

The Island is covered by the following flood zones that range from most vulnerable to flooding and flood damage to least vulnerable:

a.

VE Zone, or coastal high hazard area, subject to 100-year coastal flooding and storm surge;

b.

Coastal A Zone, or the area landward of a V-zone and seaward of the Limit of Moderate Wave Action as shown on the FIRMs.

c.

AE Zone, or 100-year flood plain area;

d.

AO Zone, or areas of shallow flooding;

e.

X(shaded) Zone, or 100 to 500-year flood plain area; and

f.

X Zone, or areas of minimal flooding.

(Revised 3-16-2021 - Ordinance 2021-05)

B.   Flood Zone Standards

On all plats within "VE" or "AE" zones for which lots, sites, or structures are to be sold, the following statement shall be clearly affixed to the plat and shall be recorded:

Some or all areas on this plat are flood hazard areas and have been identified as having at least a one percent chance of being flooded in any given year by rising tidal waters associated with possible hurricanes. Local regulations require that certain flood hazard protective measures be incorporated in the design and construction of structures in these designated areas. Reference shall be made to the development covenants and restrictions of this development and requirements of the Town Building Official. In addition, federal law requires mandatory purchase of flood insurance as a prerequisite to federally insured mortgage financing in these designated flood hazard areas.

(Revised 3-16-2021 - Ordinance 2021-05)

C.   Elevation of Sites

Sites shall not be elevated with fill material to an average height greater than three feet above existing grade with the exception of critical facilities. The fill material shall be retained under the footprint of the structure. Other methods of elevation may be used solely or in conjunction with three feet of fill to meet base flood elevation requirements. Single-family residential development is exempt from this provision.

(Ord. No. 2015-23, 11-3-2015)

A.   Purpose and Intent

The purpose and intent of this section is to establish minimum standards to regulate the location, height, and appearance of fences and walls to maintain visual harmony within neighborhoods and zoning districts throughout the Town, protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls, and ensure the safety, security, and privacy of properties.

B.   Applicability

1.

This section applies to the construction, substantial reconstruction, or replacement of fences or walls not required for support of a principal or accessory structure, and to any other linear barrier intended to delineate different portions of a lot, within the Town.

2.

Temporary fences for construction sites, sand fencing in beachfront areas, and tree protection fencing are exempt from the standards and requirements of this section.

C.   Height

Except as otherwise required or allowed in Sec. 16-5-102, Setback Standards, fences and walls shall be subject to the following height limits:

1.

Fences up to seven feet in height are allowed on or along common property lines.

2.

Fences up to four feet in height are allowed within required setbacks along streets, beaches, and regulated wetland areas, if they comply with the requirements of this section and are approved by the Official in accordance with this Ordinance.

3.

The gates, posts, columns, and associated details of entry gates are allowed within the required setbacks along streets if they do not exceed six feet in height and are approved by the Official in accordance with the requirements of this Ordinance.

D.   Appearance

Fences and walls visible from a street right-of-way shall be composed of a design, materials, and colors that are compatible with those of buildings and other elements of development on the site.

A.   Purpose

It is the purpose of this section to promote the public health, safety, and general welfare through a comprehensive system of reasonable, consistent, and nondiscriminatory sign standards and requirements. These sign regulations are intended to:

1.

Maximize the value of commercial signage as a means of locating and identifying commercial establishments providing goods and services while, at the same time, discouraging the use of commercial signage to sell goods and services;

2.

Encourage the construction of commercial signs of high-quality materials that are aesthetically pleasing and are compatible with their natural surroundings and with the buildings they identify;

3.

Avoid the creation of a distracting atmosphere that can result when businesses compete for attention through the use of commercial advertising signs;

4.

Protect, preserve, and enhance the unique aesthetic character, beauty, and charm of the Town, and thereby encourage the continued economic development within the Town; and

5.

Improve pedestrian and traffic safety and eliminate physical and visual clutter caused by signs that compete for the attention of pedestrian and vehicular traffic.

B.   Applicability and Provisions

C.   Sign Design, Construction, and Maintenance Guidelines

2.   Sign Design, Construction, and Maintenance Standards

To meet these goals, sign design, construction, and maintenance shall comply with the following standards:

a.

Materials, colors, and shapes of proposed signs shall be complementary to the related buildings and to nearby structures and signs. Sign colors shall be non-reflective and shall not contain fluorescent colors. (See Figure 16-5-114.C.2: Examples of Signs that are Complementary to Nearby Structures.)

b.

Signs shall be constructed of high-quality materials. (See Design Guide.)

c.

The amount of information on signs shall be no more than is necessary to provide reasonable identification of the business or of any message to be conveyed. Objective factors to consider in determining reasonableness shall include, but not be limited to, physical location, size of the sign and typeface, colors of the sign and typeface, and sign height.

d.

The visual impact of freestanding signs shall be softened with landscaping appropriate to the site.

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Figure 16-5-114.C.2: Examples of Signs that are Complementary to Nearby Structures

 

e.

Sign illumination shall comply with the standards in Sec. 16-5-114.D, Sign Illumination.

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Figure 16-5-114.C.3: Examples of Freestanding Signs that Meet the Intent of The Hilton Head Island Design Guide

 

f.

Signs shall be maintained in good condition at all times and shall be kept free of cracked or peeling paint, missing or damaged sign panels or supports, and weeds, grass or vegetation that obscures the view of the sign message.

D.   Sign Illumination

Electrical requirements pertaining to sign illumination shall be as prescribed under the latest adopted edition of the IBC. Illuminated signs shall conform to the following standards:

1.

External illumination shall be by a steady stationary light source, shielded and directed solely at the sign. Light fixtures shall be restricted to not more than one shielded light fixture per side for signs up to 40 square feet and not more than two shielded light fixtures per side for signs over 40 square feet.

2.

Light sources to illuminate signs shall neither be visible from any street right-of-way, nor cause glare hazardous to pedestrians or vehicle drivers or so as to create a nuisance to adjacent properties. All ground-mounted lighting must be obscured by landscaping approved by the Official.

3.

The intensity of the light shall not exceed 20 foot-candles at any point on the sign.

4.

Signs shall not have light-reflecting backgrounds but may use light-reflecting lettering or halo lighting.

5.

The Official may permit internal illumination for menu board signs for eating establishments with a drive-through. Such signs shall not cause glare hazardous to pedestrians or vehicle drivers or so as to create a nuisance to adjacent properties. Such signs shall be placed and angled so that, to the greatest extent possible, they are not visible from public or private streets.

6.

Lamps shall only produce a white light.

E.   Sign Permits

1.   Applicability

a.   General

Unless exempted in accordance with subparagraph b below, a Sign Permit is required for each of the following types of signs prior to the sign being erected, placed, or displayed:

i.

Freestanding Signs (Sec. 16-5-114.F).

ii.

Tenant Panels on Freestanding Signs (Sec. 16-5-114.F.10.a).

iii.

Facade and Hanging Signs (Sec. 16-5-114.G).

iv.

Temporary Signs for Permitted Signs (Sec. 16-5-114.H.1).

v.

Construction Signs (Sec. 16-5-114.H.2).

vi.

Nonresidential Real Estate Sales Signs (Sec. 16-5-114.H.3).

vii.

Nonresidential Real Estate Lease or Rent Signs (Sec. 16-5-114.H.4).

viii.

Residential Real Estate Sales Signs (Sec. 16-5-114.H.5).

ix.

Residential Short-Term Rental Signs (Sec. 16-5-114.H.6).

x.

Sign Systems (Sec. 16-5-114.H.7).

xi.

Temporary Special Event Signs (Sec. 16-5-114.H.9).

xii.

Signs with Changeable Copy (Sec. 16-5-114.H.10).

xiii.

Price Displays at Gas Sales Establishments (Sec. 16-5-114.H.11).

xiv.

Planned Unit Development Off-Premises Signs (Sec. 16-5-114.H.12).

b.   Exemptions

i.

Sign Alterations Exempt from Sign Permit

A Sign Permit is not required prior to engaging in the following alterations to a sign:

01.

The changing of copy on a sign permitted for changeable copy.

02.

The painting or refinishing of the surface of a sign face or sign structure of a permitted sign so as to keep the appearance of such sign as permitted.

ii.

Signs Allowed Without a Sign Permit

The following signs shall be allowed subject to compliance with the standards of this section, but no Sign Permit shall be required. The property owner's consent shall be obtained before erecting such signage.

01.

Flags

Non-governmental flags are deemed to be signs and shall be subject to the provisions of this section. The official flags of the federal, State, county, or municipal governments are not deemed to be signs provided no such flag shall exceed 40 square feet per face. The Official may waive this size provision for the United States flag when:

(A)

The Design Review Board approves a larger flag for use on a telecommunications tower designed as a flagpole; or

(B)

The Town Council approves a larger flag for display on public property or other appropriate noncommercial sites as determined by Town Council.

02.

Holiday decorations

Decorations that are not internally illuminated shall not require a Sign Permit, provided they are displayed for no more than a total of 60 days per calendar year, excluding the time period between November 1 and January 15. Such decorations shall be maintained in a good condition at all times and shall be removed or replaced when they are overly weathered, torn, broken, or otherwise present a potential safety hazard.

(A)

Strings of lights used as holiday decorations shall be subject to the provisions of Sec. 16-5-114.E.1.b.ii.12, String Lights for Decoration.

(B)

Inflated holiday decorations are allowed from November 1 through January 15 of each year.

(C)

Windblown decorations are prohibited at all times.

Figure 16-5-114.E.1.b.ii.02(A): Example of Conforming Holiday Decorations with String Lights

Figure 16-5-114.E.1.b.ii.02(B): Example of Conforming Holiday Decorations Without String Lights

Figure 16-5-114.E.1.b.ii.03: Example of a Conforming Incidental Sign

03.

Incidental Signs

Addresses, building numbers, entrance and exit signs, and traffic directional signs shall not require Sign Permits if they do not exceed four square feet in area per sign. If such sign contains commercial copy, the sign counts toward the allowable square footage for freestanding signs.

04.

Interior Signs

Any sign that, in the Official's reasonable opinion, is to be viewed from the inside of a building only.

05.

Nonresidential Real Estate for Lease or Rent Signs

Such signs shall meet the requirements in Sec. 16-5-114.H.4, Nonresidential Real Estate Lease or Rent Signs.

06.

Menus

Menus attached to the facade of a building with no more than four square feet of sign face area located at the entrance or service window of a business.

07.

Parking Signs

Signs that reserve parking spaces for specific uses or businesses, except that such signs are not allowed in shopping centers per Sec. 16-5-114.I, Prohibited Signs. Parking signs shall not exceed 1.5 square feet in area per sign. No more than three parking signs shall be displayed at any given time on each parcel.

08.

Public Signs

Signs erected by the federal, State, or local government, or governmental entity, including interpretive signs located on Town-owned property. Signs that are required by a public entity are considered public signs.

09.

Sandwich Boards and Chalkboards

Figure 16-5-114.E.1.b.ii.09: Example of a Conforming Sandwich Board Sign

Freestanding, framed chalkboard signs that comply with each of the following standards:

(A)

One sign per business may be displayed during hours of operation.

(B)

Signs shall be placed within ten feet of the building entrance of the business displaying the sign.

(C)

Signs shall be placed to allow at least 36 inches of unobstructed pedestrian clearance adjacent to the sign.

(D)

Signs shall be limited to a maximum of six square feet in total area.

(E)

Sign frame colors are limited to earth tones. Sign face colors are limited to black (Pantone® Black or equivalent) or dark green (Pantone® 574 U or equivalent) with a matte finish.

(F)

Plastic or dry erase boards shall not be allowed.

10.

Shopping Cart Return

Signs identifying shopping cart return areas, provided that such signs are no larger than ten square feet.

11.

Stadium Signs

Signs or banners that are located within a stadium and are not intended to be visible from outside of a stadium.

12.

String Lights for Decoration

(A)

Strings of lights may be used for outside lighting or tree decoration from November 1 through January 15 of each year.

(B)

Because many colors are used to celebrate various holidays during this time, multi-color lights are allowed.

(C)

Flashing, blinking and chasing lights are prohibited.

13.

String Lights for Ambient Illumination

(A)

Strings of white lights may be used to provide ambient lighting for outdoor seating areas of an eating establishment. Such string lights shall be limited to the dining area.

(B)

Colored bulbs, colored lanterns, or other housing and rope lights are prohibited. Flashing and chasing lights are prohibited.

(C)

Strings of white lights may be hung from or displayed on trees, but may not be attached to trees with nails, hooks, fasteners, or other materials that penetrate the tree's bark.

Figure 16-5-114.E.1.b.ii.13: Example of Conforming Strings of Lights Used for Ambient Illumination

14.

Towing Signs

Figure 16-5-114.E.1.b.ii.14: Example of a Conforming Towing Sign

(A)

Public notice required by applicable law to be displayed on a property where vehicles may be towed.

(B)

Such signs shall not exceed four square feet in size and shall be limited to one sign per vehicular entrance to the property.

15.

Traffic Control Signs

Any public notice or warning required by applicable federal, State, or local law, regulation, or ordinance—including, but not limited to, warning flashers and variable message signs (VMSs) deployed temporarily by a government agency to guide traffic. When such signs are located on private property, they are subject to each of the following:

(A)

Sign faces shall not exceed four square feet per sign face.

(B)

The Official shall have authority to limit the number, location, and color of such signs.

(C)

Sign faces shall meet South Carolina Department of Transportation standards.

16.

Window Signs

Signs on the inside, or attached to the outside, of window glass shall comply with each of the following:

(A)

Window signs shall cover no more than 25 percent of the gross area of glass on any one side of a building.

(B)

Window signs shall not be illuminated.

(C)

No single window sign shall exceed four square feet in totality.

2.   Sign Review

a.   Sign Review

i.

Signs Subject to Administrative Sign Review

Unless review by the Design Review Board is required in accordance with Sec. 16-5-114.E.2.a.ii below, the following signs are subject to review and approval of a Sign Permit applicationby the Official:

01.

Real estate signs;

02.

Project signs;

03.

Temporary signs;

04.

Sign systems not subject to DRB Sign Review; and

05.

Permanent signs, including the sign face and structure, that are 40 square feet or less.

ii.

Signs Subject to DRB Sign Review

Any permanent sign, including the sign face and structure, that is greater than 40 square feet, or any sign system that includes such a sign, is subject to review and approval of a Sign Permit application by the Design Review Board in accordance with the following procedures, which relate to the standard review steps and specific procedures in Sec. 16-2-102, Standard Review Procedures.

b.   Sign Review Procedures

i.

Application Submittal

An applicationfor a Sign Permit may be submitted by persons identified in Sec. 16-2-102.C.1, and shall be submitted in accordance with Sec. 16-2-102.C.

ii.

Staff Review and Action

01.

On receiving a Sign Permit applicationsubject to administrative sign review (see Sec. 16-5-114.E.2.a.i), the Official shall review and make a final decision on the application in accordance with Sec. 16-2-102.D. The Official's decision shall be based on the standards in Sec. 16-5-114.E.3, Sign Review Standards, and shall be one of the following:

(A)

Approve the application;

(B)

Approve the application, subject to conditions of approval; or

(C)

Deny the application.

02.

On receiving a Sign Permit application subject to DRB sign review (see Sec. 16-5-114.E.2.a.ii), the Official shall transmit the application to the DRB.

iii.

Decision-Making Body Review and Decision

On receiving a Sign Permit application subject to DRB sign review (see Sec. 16-5-114.E.2.a.ii), the Design Review Board shall review the application, hold a public meeting and make a final decision on the application in accordance with Sec. 16-2-102.G. The Board's decision shall be based on the standards in Sec. 16-5-114.E.3, Sign Review Standards, and shall be one of the following:

01.

Approve the application;

02.

Approve the application, subject to conditions of approval; or

03.

Deny the application.

iv.

Post-Decision Actions and Limitations

01.

Notice of Decision

The Official shall provide notice of the final decision on the application in accordance with Sec. 16-2-102.H.1.

02.

Appeal

(A)

Appeals from the final decision of the Official on an application for a Sign Permit are governed by Sec. 16-2-103.V, Appeal of Official's Decision to Design Review Board, and S.C. Code Ann. § 6-29-890.

(B)

Appeals from the final decision of the Design Review Board on an application for a Sign Permit are governed by S.C. Code Ann. § 6-29-890.

F.   Freestanding Signs

1.

The total area and quantity of any freestanding signs for which a Sign Permit is required shall conform to the standards in Table 16-5-114.F, Freestanding Sign Standards. For planned unit developments that contain more than one category of use, theOfficial shall apply the appropriate use category to each building or development to calculate the total area and quantity of freestanding signs allowed. The number of freestanding signs for any development may not exceed the total number allowed in Table 16-5-114.F: Freestanding Sign Standards.

(Revised 6-6-2017 - Ordinance 2017-08)

2.

The maximum height of any freestanding sign above the average grade elevation surrounding the sign shall not exceed the following:

a.

Eight feet where the sign face does not exceed 40 square feet;

b.

Ten feet where the sign face does not exceed 60 square feet; or

c.

Twelve feet where the sign face exceeds 60 square feet.

3.

The bottom edge of the sign shall not exceed four feet in height from the lowest grade elevation at the base of the sign.

4.

The maximum width of any freestanding sign shall not exceed the following:

a.

Fifteen feet where the sign face does not exceed 40 square feet;

b.

Twenty feet where the sign face does not exceed 60 square feet; or

c.

Twenty-five feet where the sign face exceeds 60 square feet.

5.

All freestanding signs fronting on a street right-of-way shall be required to be set back at least 20 feet from the edge of the adjacent street right-of-way. However, if conditions exist so as to make this impractical, this setback may be reduced by the Official provided such reduction does not create a hazard to motorists or pedestrians and that no portion of the sign is located in the right-of-way.

6.

Freestanding signs shall be separated by a distance of not less than 200-foot intervals along each street frontage of the premises.

7.

Freestanding menu boards—including, but not limited to, those used for drive-through eating establishments—shall meet the standards of this section, but shall not count toward the total number of signs allowed for a business.

8.

In lieu of a freestanding sign, a development may use signs on entrance structures such as fences or walls. The number of sign faces is limited to two per entrance, on either side of the entrance, and are confined to the entrance area. The distance between sign faces shall not exceed 100 feet. Such signs are subject to the size limitations of this section. Entrance structures are subject to the provisions of Sec. 16-5-102, Setback Standards.

9.

Signs may be permitted in access easements, subject to the approval of the Official, if the applicant can demonstrate that the access easement provides a necessary means of vehicular access to the property for which the sign is proposed. In the event where a property is served by more than one necessary access easement, the sign shall be located within the easement that serves the street with the highest number of average daily vehicle traffic (ADT) as determined by the Official.

10.

Directory signs are subject to the following standards:

a.

Changing the tenant panels of a directory sign does not require a Sign Permit where the new panel matches the approved tenant panel design, including materials, dimensions, and colors.

b.

The sign should not be, to the greatest extent practicable, visible from a street or right-of-way.

G.   Facade and Hanging Signs

1.

The total size of facade and hanging signs shall not occupy more than ten percent of the area of the facade on which they are placed, with the maximum size of any one sign limited to 40 square feet. Developments with less than 2,500 square feet of gross floor area that waive the right to have a freestanding sign shall be permitted to exceed these size limitations by 50 percent.

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Figure 16-5-114.G.1: Examples of Facade and Hanging Signs that Meet the Intent of The Hilton Head Island Design Guide

 

Figure 16-5-114.G.2: Example of a Tenant Space in a Shopping Center with Two Conforming Signs—One Facade Sign and One Hanging Sign Perpendicular to the Storefront

2.

No more than two signs may be placed on or displayed from any one facade of any one building. Shopping centers shall be permitted two signs per tenant facade, provided that only one such tenant sign is visible from any public way. Such tenant signs shall only be permitted in lieu of facade signs identifying the name of the shopping center or building.

3.

Facade signs shall be contained within any single wall panel, window, door, or other architectural component upon which they are placed.

4.

Hanging signs shall be located in consideration of their respective architectural element.

5.

Tenant facade and hanging signs shall be located on the tenant space being identified. If this requirement cannot be reasonably achieved, the Official shall approve an alternate location.

H.   Standards for Specific Types of Signs

1.   Temporary Signs for Permitted Signs

a.

When a Sign Permit has been issued for a permanent commercial sign, a separate Sign Permit may be issued for a temporary sign to identify the business while the permanent sign is being constructed. The temporary sign shall comply with the following standards:

i.

Only one sign with no more than two sign faces shall be displayed per proposed permanent sign.

ii.

Any temporary sign face shall not exceed 16 square feet.

iii.

The copy, logo, and colors on a temporary sign shall be identical to the copy, logo, and colors on the related permanent sign.

iv.

A temporary sign shall be constructed of ½-inch MDO or a material of equal durability. Banners shall not be a permitted material.

v.

A temporary sign shall be removed upon installation of the permanent identification sign or within 45 days from the date of its permit, unless an extension is approved by the Official.

b.

Temporary signs advertising a sales event, such as a grand opening or a seasonal sale, shall not be permitted.

c.

Temporary special event signs are permitted as specified in Sec. 16-5-114.H.9, Temporary Special Event Signs.

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Figure 16-5-114.H.1.a: Example of A Prohibited Temporary Sign	Figure 16-5-114.H.1.b: Example of a Conforming Temporary Sign

 

2.   Construction Signs

Figure 16-5-114.H.2: Example of a Conforming Construction Sign

Any sign identifying a project under construction and located on the construction site shall comply with the following standards:

a.

Quantity is limited to one per street front of the property on which the construction is occurring.

b.

The total area of a freestanding construction sign shall not exceed 40 square feet. The total area of a facade construction sign shall not exceed 20 square feet. Each sign face shall not exceed 20 square feet.

c.

A freestanding sign shall be mounted so that its top edge is no higher than eight feet above grade. A facade-mounted sign shall be mounted so that its top edge is no higher than eight feet above grade.

d.

Such signs shall not be illuminated by artificial light.

e.

Such signs shall be square or rectangular in shape.

f.

Such signs may not be erected prior to issuance of a Building Permit and shall be removed prior to the issuance of a Certificate of Occupancy.

4.   Nonresidential Real Estate Lease or Rent Signs

a.   Buildings for Lease or Rent

On premises where a whole building or whole buildings are offered for lease or rent and where there are no other tenant spaces on the premises, a nonresidential real estate sign offering the building or buildings for lease or rent may be displayed. Such signs shall comply with the following standards:

i.

A Sign Permit is required.

ii.

The number of signs placed on any one premises shall be limited to one sign per street frontage of the property to be let.

iii.

The sign shall be square or rectangular in shape.

iv.

The area of each sign shall not exceed 40 square feet total and 20 square feet per sign face.

v.

The maximum height of each sign shall not exceed eight feet above the average grade within a 20-foot radius of the sign. The lower edge of each sign shall not exceed four feet in height from the lowest grade at the base of the sign.

vi.

The amount of information on the sign shall be no more than is necessary to provide reasonable identification of the offering.

vii.

The sign shall not be illuminated by artificial light.

viii.

The sign shall be removed within two days of execution of a lease for the property.

b.   Tenant Spaces for Lease or Rent

i.

A nonresidential real estate sign offering tenant space for lease or rent shall be placed as a tenant panel on a permitted sign or as a panel on a permitted freestanding sign if there are such signs on site. Such signs shall comply with the following standards:

01.

A Sign Permit is required.

02.

If placed on a sign with other panels, such panels shall match the dimensions, materials, and colors of the other panels. The amount of information on the panel shall be no more than is necessary to provide reasonable identification of the offering.

Figure 16-5-114.H.4.b: Example of a Directory Sign with a Conforming Space for Lease Tenant Panel

03.

If placed on a freestanding sign without other panels, a Sign Permit is required to ensure the panel complements the design of the freestanding sign. The amount of information on the panel shall be no more than is necessary to provide reasonable identification of the offering.

ii.

If there are no permitted signs on which a tenant panel or other panel may be placed to advertise a tenant space for lease or rent, a sign not exceeding four square feet in area may be used. The sign shall comply with the following standards:

01.

A Sign Permit is required for an individual sign, regardless of whether the sign design has been approved for other uses.

02.

The number of signs placed on any one premises shall be limited to one sign per street frontage of the building that includes the space to be let.

03.

The sign shall be square or rectangular in shape.

04.

The sign shall not exceed four square feet in area.

05.

The amount of information on the sign shall be no more than is necessary to provide reasonable identification of the offering.

06.

The sign shall not be illuminated by artificial light.

07.

The sign shall be removed within two days of the execution of a lease for the property.

8.   Permanent Special Event Signs

Figure 16-5-114.H.8: Example of a Conforming Permanent Special Event Sign

Permanent signs identifying special events may be erected only by the Town of Hilton Head Island. They shall comply with the following standards:

a.

Permanent special event signs may only announce events that are sponsored by a nonprofit or public entity, or public service announcements. Requests to display announcements shall be made to the Town Manager.

b.

Guidelines for determining the events or functions to be announced, copy, space, location, and display time limit shall be as proposed by the Official and approved by the Town Council.

c.

Public service announcements may obtain a higher priority for display than special event announcements, at the discretion of the Town Manager.

I.   Prohibited Signs

The following types of signs are prohibited:

1.

Abandoned signs and sign structures.

2.

Signs with animated or moving effects (including but not limited to sign faces that periodically change to show different images or messages), and signs carried, waved, or otherwise displayed by persons either on public ways or in a manner visible from public ways, are prohibited. This provision is directed toward such displays intended to draw attention for a commercial purpose, and is not intended to limit the display of placards, banners, flags, or other signage by persons participating in demonstrations, political rallies, and similar events.

3.

Balloons.

4.

Banners, except within the boundaries of a special event. (See Sec. 16-5-114.H.9, Temporary Special Event Signs.)

5.

Bench signs.

6.

Dilapidated or damaged signs.

7.

Signs attached to or painted upon piers, docks, or seawalls, other than official regulatory or warning signs.

8.

Signs that emit sound, vapor, smoke, odor, particles, or gaseous matter.

9.

Inflated signs and windblown signs other than holiday decorations.

10.

Information boxes not attached to a real estate sign.

11.

Internally illuminated signs that contain a visible light source, except for those signs complying with the provisions of Sec. 16-5-114.D, Sign Illumination.

12.

Signs that are displayed or erected for which a Sign Permit has been denied or has not been issued.

13.

Signs that exhibit statements, words, or pictures of an obscene or pornographic nature.

14.

Signs that are not located on the parcel of the business or development it identifies, except that special event signs, directional signs, public park signs, and other signs that are specifically allowed under this section are exempt.

15.

Parking signs that limit parking spaces to certain uses or businesses within a shopping center.

16.

Pennants except within the boundaries of a special event. (See Sec. 16-5-114.H.9, Temporary Special Event Signs.)

Figure 16-5-114.I.17: Examples of Prohibited Portable and Off-Premises Signs

17.

Portable signs, or any sign not permanently attached to the ground or other permanent structure, including but not limited to signs attached to or painted on vehicles or trailers other than those advertising the business which the vehicle is used to conduct, either parked or being driven, and visible from the right-of-way, unless said vehicle is used as a vehicle in the normal day-to-day operations of the business, except that sandwich boards, chalkboards, and other signs that are specifically allowed under this section are exempt.

18.

Signs located in the public rights-of-way, except signs in landscaped medians of private streets where the sign meets the minimum sight triangle distances of Sec. 16-5-105.H.4, Sight Triangles.

19.

Signs where the sign or any portion of the sign is located on or extends above the roof of the building where the sign is located.

20.

Signs attached to, placed on, painted on, or otherwise displayed on or from any tree or other vegetation.

21.

Signs in or upon any body of water, other than official regulatory or warning signs, including any sign located on any land subject to periodic inundation by tidal saltwater. The Design Review Board may approve a permanent monument sign in or upon a body of water within a parcel if the Official determines that there is no other reasonable location for that sign on that parcel.

22.

Signs towed behind a vehicle, watercraft, or aircraft.

23.

All other signs that are not expressly exempt from regulation or expressly allowed under this Ordinance.

(Revised 4-18-2017 - Ordinance 2017-05)

A.   Purpose and Intent

The purpose of subdivision layout is to create a functional and attractive development with infrastructure and lots appropriately sized and located to minimize adverse impacts. The intent of this section is to provide clear requirements and guidelines for subdivision design for both Major and Minor Subdivisions. Subdivisions should promote the health, safety, convenience, order, prosperity and welfare of the present and future residents of the Town by:

a.

Providing for the orderly growth and development of the Town;

b.

Coordinating with the existing street system, transportation plans, and public facilities;

c.

Providing right-of-way for street and vehicular easements;

d.

Avoiding congestion and overcrowding and encouraging proper arrangement of streets in relation to existing planned streets;

e.

Ensuring there is adequate open space and recreation facilities; and

f.

Ensuring there is proper recordation of land ownership.

B.   Applicability

Subdivisions shall comply with all applicable design and performance standards of this section and this Ordinance, including the adjacent setback and buffer standards in Sec. 16-5-102 and 16-5-103.

C.   General Requirements

1.

Layout of the subdivision shall be based on complete site analysis. Streets and lots shall be designed to preserve significant trees, stands of trees and understory vegetation and situated to minimize alteration of natural and historic site features to be preserved.

2.

The subdivision layout shall consider the practicality and economic feasibility of development of individual lots including the environmental characteristics, size of the site, and the requirements of this Ordinance.

3.

The applicant is required to demonstrate that they have made all reasonable efforts to preserve unique and fragile elements on site, including but not limited to wetlands, significant stands of trees and individual trees of significant size, with development reserved for environmentally stable areas.

(Revised 1-7-2020 - Ordinance 2020-02; revised 3-7-2023 - Ordinance 2023-04)

4.

Open space and recreational areas shall be planned in accordance with Sec. 16-5-104, Open Space Standards.

5.

Lots shall be situated so that stormwater may be easily directed away from buildings in subsequent site-specific development. Lots shall be configured so that buildings and general flood sensitive site facilities can be located out of drainageways. Subdivisions shall be designed so as to comply with Sec. 16-5-109, Stormwater Management and Erosion and Sedimentation Control Standards.

6.

All lots shall have the access required by Sec. 16-5-105.I, Access to Streets.

D.   Layout of Lots and Blocks

1.

Subdivisions may be laid out in conventional, cluster, zero lot line, or a combination of block/ lot designs.

(Revised 7-21-2020 - Ordinance 2020-16)

2.

The lot configuration and shape shall provide appropriate sites for buildings, and be properly related to topography, natural elements, existing significant trees and stands of trees, access, drainage and utilities, and conform to all requirements of this Ordinance.

(Revised 1-7-2020 - Ordinance 2020-02)

3.

The dimensions of corner lots shall permit the required minimum setbacks from streets (see Sec. 16-5-102, Setback Standards) and required site triangles (see Sec. 16-5-105.H.4, Sight Triangles).

4.

The number of lots within a block shall be as appropriate for the location and the type of development contemplated, as practical. Visual monotony created by excessive blocks of lots which are not interrupted by intersections, open space, buffers, trees or features shall be avoided.

(Revised 1-7-2020 - Ordinance 2020-02)

5.

Pathways and sidewalks are encouraged throughout the subdivision. Pathways and sidewalks may be required by the Official to provide circulation or access to schools, playgrounds, shopping, or other community facilities. Interconnection with other pathways and sidewalks is also desirable.

E.   Zero Lot Line Residential Subdivisions

1.

Zero lot line residential subdivisions are permitted in the following zoning districts: RM-4, RM-8, RM-12, SPC, MS, WMU, S, MF, MV, NC, LC and RD.

2.

All lots created in a zero lot line residential subdivision shall be buildable lots (the appropriate size to construct a home) and shall be a minimum of .05 acres in size with a minimum lot width of 20 feet.

3.

All lots in a zero lot line residential subdivision shall have a 50% maximum impervious coverage.

4.

All zero lot line residential subdivisions shall provide 16% minimum open space.

5.

No structure shall be located closer than ten feet from adjacent property lines, with the exception of structures that have a wall that rests on a common property line.

6.

Where a proposed zero lot line residential subdivision is adjacent to an existing single family detached residential neighborhood or use, a setback of 20 feet is required along the perimeter of the proposed subdivision.

7.

Where a proposed zero lot line residential subdivision is adjacent to an existing single family detached residential neighborhood or use, a Type A buffer, Option 1, is required along the perimeter of the proposed subdivision.

8.

A zero lot line residential subdivision is not permitted on existing lots of record that were not previously platted as a zero lot line residential subdivision, unless the entire previously platted subdivision is combined and re-platted to be a zero lot line residential subdivision.

(Revised 7-21-2020 - Ordinance 2020-16)

F.   Street Access

1.

All Major Subdivisions shall have direct vehicular access to a public street that meets the standards of Sec. 16-5-105.C, General Street Design Standards.

2.

Minor Subdivisions shall be permitted to provide vehicular access to lots via a minimum 20-foot wide unobstructed access easement, provided the access easement complies with the following standards:

a.

Access easements shall contain an all-weather driving surface approved by the Fire Chief for the Town of Hilton Head Island.

b.

Dead-end easements shall have a turn-around as required by the latest edition of the International Fire Code as adopted by Town Council.

c.

No access easement shall be permitted to exceed a maximum traffic volume of 50 ADT due to the further subdivision of lots without upgrading the accessway to meet the design standards of Sec. 16-5-105.C, General Street Design Standards.

d.

Access easements are not allowed in any wetland buffer required by Sec. 16-6-102.D, Wetland Buffer Standards, except for approximately perpendicular crossings as approved by the Official.

e.

A bridge may be permitted within an access easement as long as the driving surface is at least 20 feet wide and is approved by the Fire Chief of the Town of Hilton Head Island.

(Revised 7-21-2020 - Ordinance 2020-16)

G.   Miscellaneous Standards

A.   Purpose

This section is intended to ensure timely construction of off-site public capital improvements that are necessary to serve new development by ensuring that necessary financing is available for such improvements. The impact fees to be paid by each new development in accordance with this section is to be proportional to the impact that the new development will have on the types of facilities for which the fees are charged.

B.   Applicability

The collection of impact fees shall apply to all development, unless otherwise provided herein.

1.

The movement of a structure onto a lot shall be considered development and shall be subject to these impact fee provisions, unless otherwise provided in paragraphs 2 and 3 below.

2.

The impact fee provisions shall not apply to the following actions:

a.

The movement of a manufactured home onto a lot or parcel for use as a residence that does not result in a net increase in the number of manufactured home sites on the Island;

b.

Placing on a lot in the Town a temporary construction trailer or office, but only for the life of the Building Permit issued for the construction served by the trailer or office;

c.

Converting an existing structure from one use to another; and

d.

Any development, including but not limited to the mere subdivision of land, installation of utilities, or the use of land for limited recreational, agricultural, filling or dredging purposes, which, in the opinion of the Official, will not result in a net increase of more than one one-way ADT.

3.

The impact fee provisions shall not apply to public projects.

C.   Impact Fee Benefit District

1.

There shall be one impact fee benefit district that encompasses the entire Town.

2.

The appropriateness of the designation and boundaries of the benefit district shall be reviewed by the Town as part of the impact fee revision process set forth below. Following such review and a public hearing, the benefit district may be amended.

3.

Impact fees collected within the benefit district shall be spent within the benefit district.

D.   Payment of Impact Fee as Condition of Approval

Until any impact fee required by this section has been paid in full, no Building Permit, Electrical Permit, Certificate of Compliance, Certificate of Occupancy, or other permit subsequent to Development Plan Review for any development that is not exempted by Sec. 16-5-116.B, Applicability, shall be issued. A stop work order shall be issued on any development for which the applicable impact fee has not been paid in full.

E.   Calculation of Fees Using Fee Schedule

Impact fees shall be calculated as follows:

1.

Unless an applicant requests an administrative determination or individual assessment as set forth in the following subsections, the impact fees shall be calculated for the proposed development based on the Development Plan Approval or permit allowing the use, according to the applicable fee schedule.

2.

The following impact fee schedules are hereby adopted and incorporated herein by reference:

a.

Transportation Impact Fee Schedule

3.

The units of development specified in the fee schedule shall be interpreted as follows:

a.

A hotel "room" shall include any space that is part of the same rental unit and that does not have a separate entrance.

b.

Building square footage shall be measured in terms of gross floor area.

4.

For categories of uses not specified in the applicable impact fee schedule, the Official shall apply the category of use set forth in the applicable fee schedule that is deemed to be most similar to the proposed use.

5.

If the Development Plan Approval or permit for the proposed development indicates a mix of uses in the development, the impact fees shall be calculated separately for each use according to the fee schedule, and the results aggregated.

6.

For an addition to or replacement of existing structures, the impact fee to be paid shall be the difference, if any, between:

a.

The fee, if any, that would be payable for existing development on the site or, in the case of demolition or removal of a structure, the previous development on the site, provided that the demolition or removal occurred after October 23, 1989, or within ten years of the date of submittal of the application for which impact fees are assessed, whichever is less; and

b.

The fee, if any, that would be payable for the total development on the site after the new development.

7.

Upon written request of an applicant, the Official shall provide an estimate of the current fee based on the data provided by the applicant. However, the Official shall not be responsible for determining at such preliminary date the accuracy of the information provided.

F.   Individual Assessment of Impact Fees

1.

If any person submitting an application for which payment of an impact fee is a prerequisite to approval believes that the impacts of the proposed development will be substantially less than would be indicated by using a strict interpretation of the fee schedule or an administrative determination of the fee, such person may request that the Town perform an individual assessment of the impact of the proposed development, consistent with the methodology set forth in paragraph 2 below. A request for an individual assessment must be made prior to submittal of an application for a Building Permit.

2.

The individual assessment shall be subject to the Transportation Impact Fees as set forth in Sec. 16-5-116.R, Individual Transportation Fee Assessments.

3.

The Town shall accept the calculations of the individual assessment if the Planning Commission finds at a public meeting that:

a.

The proposed development is in fact so unique in the impacts it will generate that the strict application of the fee schedule or administrative determination would result in inaccurate impact projections; and

b.

The individual assessment results in a fee which differs by at least five percent from the fees calculated under the fee schedule or administrative determination.

4.

If the Town accepts the computations of the individual assessment under this section, the applicable fee shall be determined from the individual assessment, regardless of whether it is higher or lower than the fee calculated under the fee schedule or administrative determination.

G.   Collection of Impact Fees

The collection of impact fees shall be as follows:

1.

Except as set forth in the following paragraph, the impact fees for all new development shall be calculated and collected in conjunction with the application for the first Building Permit, Electrical Permit, Certificate of Compliance, Certificate of Occupancy, or other permit subsequent to approval of a Development Plan for such development, whichever occurs first in time.

2.

For other uses not ultimately requiring a Building Permit, Electrical Permit, Certificate of Compliance, Certificate of Occupancy, or other permit subsequent to approval of a Development Plan, the fee shall be calculated and collected at the time of approval of the Development Plan.

H.   Fund Accounting for Impact Fees

1.

The Town shall establish a separate accounting fund in which the impact fees collected for a particular type of facility within the benefit district shall be credited. Such fees shall be invested by the Town and the yield on such fees, at the actual rate of return to the Town, shall be credited to such accounting fund periodically in accordance with the accounting policies of the Town. Such funds need not be segregated from other Town monies for banking purposes.

2.

Any yield on such accounting fund into which the fees are deposited shall accrue to that fund and shall be used for the purposes specified for such fund.

3.

The Town shall maintain and keep financial records for such accounting fund showing the revenues to such fund and the disbursements from such fund, in accordance with normal Town accounting practices. The records of such fund shall be open to public inspection in the same manner as other financial records of the Town.

I.   Expenditure of Impact Fees

Transportation Impact Fees shall only be spent on qualifying public street and pathway improvements, as set forth in Sec. 16-5-116.S, Use of Transportation Impact Fees.

J.   Refunds of Impact Fees

1.

Any impact fee or portion thereof collected in accordance with this section that has not been committed for a use permitted by Sec. 16-5-116.S, Use of Transportation Impact Fees, within six years from the last day of the fiscal year in which it was received by the Town, shall be refunded to the current record owner of the property upon written application. Impact fees shall be deemed to be "committed" when they have been spent or encumbered by contract. Impact fees shall be deemed to be "committed" in the order in which they are received and committed by the Town. The refund shall include accrued interest at the rate of return on investments earned by the Town on such amount. In disbursing such funds the Town may rely on the written certification of the current record owner of the property as to his or her entitlement to the refund, in the absence of a written assertion by another party that such proposed payee is not the proper payee. If in doubt, the Town may deposit such funds in an appropriate court for disposition as the court may determine. In such event, the Town may deduct from the funds deposited an amount equal to the reasonable cost of causing the funds to be deposited with the court, including reasonable attorney's fees.

2.

If development for which an impact fee has been paid has not begun, the impact fee and any accrued interest thereon shall be returned to the applicant provided that the applicant applies for the refund in writing within 60 days after the expiration of the Building Permit or other approval (or any extension thereof) on which it was assessed.

3.

The Town shall charge an administrative fee for verifying and computing the refund of three percent of the amount of the refund.

K.   Offsets to Impact Fees

Offsets, which are reductions from the impact fee that would otherwise be due from a development, shall be subject to the following provisions.

1.

The Planning Commission shall grant an offset only for qualifying improvements that are required to be made by a developer as a condition of development approval after the effective date of the impact fee ordinance against which such offset is claimed.

2.

Offsets shall be allowable and payable only to offset impact fees otherwise due for the same category of improvements and shall not result in reimbursement from, nor constitute a liability of, the Town.

3.

Offsets shall be given only for the value of any construction of improvements or contribution or dedication of land or money by a developer or the developer's predecessor in title or interest for qualifying improvements of the same category for which an impact fee was imposed.

4.

The person applying for an offset shall be responsible for providing appraisals of land and improvements, construction cost figures, and documentation of all contributions and dedications necessary to the computation of the offset claimed. The Planning Commission shall have no obligation to grant offsets to any person who cannot provide such documentation in such form as the Planning Commission may reasonably require.

5.

The value of land dedicated or donated shall be based on the appraised land value of the parent parcel (which land value is based on the date of transfer of ownership to the Town) as determined by a certified appraiser who was selected and paid for by the applicant, and who used generally accepted appraisal techniques. If the Town disagrees with the appraised value, the Town may engage another appraiser at the Town's expense, and the value shall be an amount equal to the average of the two appraisals. If either party rejects the average of the two appraisals, a third appraisal shall be obtained, with the cost of such third appraisal being shared equally by the property owner and the Town. The third appraiser shall be selected by the first two appraisers, and the third appraisal shall be binding on both parties.

6.

Offsets provided for qualifying improvements meeting the requirements of this section shall be valid from the date of approval until ten years after the date of approval or until the last date of construction within the project, whichever occurs first. The right to claim offsets shall run with the land and may be claimed only by owners of property within the development for which the qualifying improvement was required.

7.

Any claim for offsets must be made no later than the time of submittal of a Building Permit application or application for another permit subsequent to Development Plan Approval that is subject to impact fees. Any claim not so made shall be deemed waived.

L.   Developer Agreements for Impact Fees

1.

Where a development includes or requires a qualifying improvement, the Town and the developer may agree in writing to have the developer participate in the financing or construction of part or all of the qualifying improvement(s). Such agreement may provide for cash reimbursements, offsets, or other appropriate compensation to the developer for the developer's participation in the financing and/or construction of the improvement(s).

2.

The agreement shall include:

a.

The estimated cost of the qualifying improvement(s), using the lowest responsive bid by a qualified bidder, which bid is approved by the Official; or, if no bid is available, the estimated cost certified by a licensed South Carolina engineer and approved by the Official;

b.

A schedule for initiation and completion of the improvement(s);

c.

A requirement that the improvement(s) be designed and completed in compliance with any applicable Town ordinances; and,

d.

Such other terms and conditions as deemed necessary by the Town.

M.   Relief Procedures and Hearings

The developer who owes or has paid an impact fee may appeal the assessment or payment of the fee to the Board of Zoning Appeals in accordance with Sec. 16-2-103.T, Appeal of Administrative Decisions and Written Interpretations to Board of Zoning Appeals.

N.   Fee Supplemental to Other Financing Methods

1.

Except as otherwise provided in this section, impact fees are in addition to any other requirements, taxes, fees, or assessments imposed by the Town on development or the issuance of Building Permits or Certificates of Occupancy which are imposed on and due against property within the jurisdiction of the Town. Such fees are intended to be consistent with the Town's Comprehensive Plan, Capital Improvements Program, LMO, and other Town policies, ordinances, and resolutions by which the Town seeks to ensure the provision of capital facilities in conjunction with development.

2.

In addition to the use of impact fees, the Town may finance qualifying capital improvements through the issuance of bonds, the formation of assessment districts, or any other authorized mechanism, in such manner and subject to such limitations as may be provided by law.

O.   Updates and Revisions of the Impact Fees

Not less often than every five years and to be tied to the Comprehensive Plan update, the Planning Commission, following a public hearing, shall review and, if warranted, recommend changes in the schedules of impact fees. Factors to be considered may include, without limitation, past and projected growth in residential and nonresidential development, qualifying improvements actually constructed, changing levels of service, revised cost estimates for qualifying improvements, changes in the availability of other funding sources, changes in demand generation characteristics, sources of non-Town funds, and such other factors as may be relevant.

P.   Transportation Impact Fee Schedule

Q.   Transportation Impact Fee Calculation

1.

At the option of the Official, the transportation impact fee may be calculated based on the formula in paragraph 4 below.

2.

The Official shall determine the land use category that best represents the proposed use in terms of trip generation characteristics. Trip generation rates or equations and/or primary trip data contained in the most current edition of the Institute of Transportation Engineers Trip Generation Manual (ITE Manual) shall be utilized.

3.

The Official shall make the determination of the appropriate land use category, trip generation rate or equation and primary trip factor based on the appropriateness and quality of the data, the guidelines for determining whether to use trip generation rates or equations set forth in the ITE Manual, and other relevant considerations.

4.

Calculation

a.

FEE = One-Way ADT x Primary Trip Factor x Average Trip Length x Average Cost per Daily Travel Mile

b.

WHERE:

i.

"One-Way ADT" means one-half the average daily trip ends on a weekday.

ii.

"Primary Trip Factor" means the percentage of average daily trips to or from the development that are primary trips, as opposed to pass-by or diverted-link trips.

iii.

"Average Trip Length" means the average distance per trip traveled on public streets in the Town. The average trip length is 2.78 miles based on analysis of 1990 trip and travel data. This distance shall be used until updated using the Town's transportation model, and this Ordinance is updated to reflect such re-calculation.

iv.

"Average Cost per Daily Travel Mile" means the total cost of required future public street improvements at Town build-out divided by the projected number of new vehicle travel miles to be generated by new development. This cost shall be $61.38 per daily mile until this Ordinance is updated to reflect recalculation by the Town.

R.   Individual Transportation Fee Assessments

Individual assessments of transportation impact fees shall be allowed as follows:

1.

The traffic engineer or engineering firm to perform each individual assessment shall be selected by the applicant from a list of qualified traffic engineers or engineering firms maintained by the Town. The list of engineers shall be created through the solicitation by the Town of professional traffic engineers qualified to perform this service. The list shall contain the names of at least three traffic engineers or traffic engineering firms, along with statements of qualifications on each. The list shall be updated periodically by a committee appointed by the Planning Commission.

2.

The traffic study shall be signed by the traffic engineer submitting the assessment and shall include, without limitation, the following elements:

a.

A projection of the number of vehicular trips entering and departing from the project during an average weekday.

b.

If the site is already developed, and some or all of the existing development will be replaced by the completed project, a calculation of the number of vehicular trips for that portion of the existing development that will be replaced by the completed project.

c.

The percentage of those trips identified in paragraphs a and b above that are "primary trips" (as opposed to "pass-by trips" or "diverted-link trips" for which the project is not the primary destination).

d.

The assumptions and conclusions from which any projections are made. If the assumptions or conclusions are derived from the current edition of the ITE Manual or other standard reference materials, the materials shall be identified and appropriate excerpts or specific references provided. Otherwise, the reasoning underlying the assumptions and conclusions shall be clearly stated in writing.

e.

Such other information as the Official shall reasonably request.

3.

Following action by the Planning Commission, the Official shall determine the fee based on the review of the independent assessment and the guidelines and formula described above.

S.   Use of Transportation Impact Fees

1.

The revenues from transportation impact fees collected within the benefit district and accrued interest on such revenues shall be used to finance project costs of qualifying transportation improvements, as determined by the Town Council, provided that the improvements are shown on the Capital Improvements Program and are located within the same benefit district.

2.

Qualifying transportation improvements include:

a.

Project engineering costs;

b.

The acquisition cost of rights-of-way and easements, including legal costs;

c.

The construction cost of improvements—including, but not limited to, public street travel lanes, public pedestrian and bicycle pathways, turning lanes or the portion thereof located within the right-of-way of a public street, lighting, signalization, signage, and landscaping improvements—that are required for the transportation improvement to function effectively; and

d.

The principal, interest, and other financing costs of bonds, notes or other obligations issued by or on behalf of the Town to finance qualified improvements.

3.

Such revenues may also fund the cost of consultants used in updating the transportation portion of the Capital Improvements Program and in updating the fee computations.

4.

Monies collected as transportation impact fees shall not be used to pay for any of the following:

a.

Construction, acquisition, or expansion of public facilities other than qualifying transportation improvements;

b.

Repair, operation, or maintenance of existing or new public street or pathway improvements;

c.

Town personnel and consultants hired for purposes other than those expressly permitted under paragraphs a and b above; and

d.

Streets, pathways, and related transportation improvements that are within and intended to serve only a specific development such as a new residential subdivision.