This section establishes the procedure for processing land development applications. The town lies within both Richland and Lexington Counties. The town has agreements with Richland County for Richland County to provide engineering services for land development projects and for the maintenance of roadways for the town within Richland County. The town has agreements with Lexington County and has formally adopted the stormwater ordinance and land development manual, with Lexington County to allow for review, approval, and inspection of development for the town within Lexington County.

As of the effective date of the ordinance from which this appendix derived, the agreements are as follows:

10-1.1. Determining county of jurisdiction for land development projects.

(a)

Land development projects within the town located entirely within either county boundary will be reviewed, inspected, and maintained by the county in which it is located.

(b)

For projects within the town where the project lies in both counties, the town shall submit copies of the proposed development to each county. The following determines which county will be responsible for review and inspection:

(1)

Residential developments. The county which has the majority of the existing and proposed roadway within the development that will be maintained by that county will review and inspect the project to that county's engineering standards. Once the final plat has been approved, each county agrees to maintain their respective roadways and storm drainage systems as to the approved plans. Coordination between the two counties will decide who has the majority of the roadway. The county inspecting the project will give a courtesy call to the other county for inspection of major items such as proof rolls, etc.

(2)

Commercial developments. The county with the majority of the acreage of disturbance will review and inspect the project to that county's engineering standards. Coordination between the two counties will decide who has the majority of the acreage of disturbance.

(3)

Notification. The county responsible for review and inspections will be responsible for notifying the town and for contacting the developer and/or engineer to inform them to which county the project has been allocated.

(a)

Categories. Applications will be assigned to one of the following five categories, as determined by the planning official, and processed accordingly:

(1)

Exempt subdivision (exempted from the definition of subdivision).

(2)

Minor subdivisions.

(3)

Major subdivision.

(4)

Group development.

(5)

Mixed-use development.

(b)

Town review.

(1)

The planning official shall review, and stamp for recording, plats for subdivisions meeting the exemption requirement, minor subdivisions, and plats of re-surveys of previously recorded lots.

(2)

The planning commission shall review and approve major subdivisions, group developments, and mixed-use developments (MD) applications.

(c)

Pre-application conference. At the request of the applicant, the Planning Official shall arrange a pre-application conference to discuss requirements of this Ordinance, land development practices, proposed plans of the applicant, applicable provisions of the Comprehensive Plan, and related matters. The Planning Official shall invite all affected or interested agencies and may invite consultants and other persons with knowledge of land development practices and regulations.

10-2.1. Submittal requirements and approval processes for exempt subdivisions and re-survey plats.

(a)

The planning official shall determine that the proposed subdivision qualifies for and meets the requirements of an exempt subdivision, or the planning official shall make a determination that the submitted plat is a re-survey of a previously recorded plat.

(b)

Within ten working days of submission of the plat, the planning official shall determine that the proposed exempt subdivision conforms to applicable zoning district regulations of this appendix and shall approve, approve with changes, or reject the plat. If rejected, changes, additional analysis, or other information necessary to make an approval determination shall be identified and transmitted to the applicant.

(c)

The planning official will transmit the approved plat to the county of jurisdiction.

(d)

Upon determination that all county conditions for approval have been met, the planning official shall sign and stamp the final plat as approved for recording.

10-2.2. Submittal requirements and approval processes for minor subdivisions.

(a)

Definition of a minor subdivision.

(1)

A minor subdivision is a subdivision that involves the creation of five or fewer lots on an existing street meeting the requirements of this appendix.

(2)

A minor subdivision shall not include the extension of an existing minor or major subdivision or development under the same ownership or control which would in effect create more than five contiguous lots.

(b)

Minor subdivision submittal requirements. Applicants requesting approval of a minor subdivision shall submit to the planning official a minor subdivision plan. The minor subdivision plan shall comply with the zoning district regulations, regulations for the subdivision of land and creation of lots, and the development standards of this appendix, and shall include:

(1)

General information.

a.

Name and address, including the telephone number of the developer/applicant and/or owner/applicant, and licensed contractor.

b.

North arrow, scale, and date, including revision dates.

c.

Tract boundaries and acreage.

d.

Tax map survey number(s).

e.

Vicinity map.

(2)

Site information.

a.

Location, names, and right-of-way widths of existing streets within the subject track and existing and plotted streets adjacent to the subject tract.

b.

Location and dimensions of all existing rights-of-way and easements.

c.

Political lines, if applicable, and the position of the proposed development in relation to its surroundings indicating current land use (commercial, residential, vacant, etc.) and zoning of the subject site and adjacent property.

d.

Significant tree survey.

(3)

Planned improvements.

a.

Approximate locations, dimensions, and area of all proposed lots.

b.

Layout of all existing lots, including scaled dimensions of lots, zoning district setbacks, and lot numbers.

c.

Other site improvements (sidewalks, open space, etc.).

(c)

Minor subdivision approval process.

(1)

The applicant shall submit to the planning official the minor subdivision plan drawn per the requirements stipulated in this section.

(2)

The planning official shall review the minor subdivision plan for completeness per the minor subdivision plan submittal requirements of this section.

(3)

Within ten working days of receipt of the minor subdivision plan, the planning official shall approve, approve conditionally, or disapprove the minor subdivision plan. If the minor subdivision plan is disapproved or approved conditionally, the reasons for such action shall be conveyed to the applicant. The reasons for disapproval shall refer specifically to those parts of the comprehensive plan, ordinance, or regulation with which the minor subdivision plan does not conform. If granting a conditional approval, the planning official may require the applicant to resubmit the minor subdivision plan with all recommended changes before approving said minor subdivision plan. Final determination shall be made within ten working days of receipt of the revised minor subdivision plan.

(4)

Once planning official approval of the minor subdivision plan is granted, the planning official shall transmit the approved minor subdivision plan to the county of jurisdiction for processing, which may include civil plans and construction drawings per the county of jurisdiction's engineering and land development standards and regulations.

a.

Civil plans for land development projects within Lexington County shall submit plans to Lexington County engineering stormwater division for processing per county procedures currently in practice.

b.

Civil plans for land development projects within Richland County shall submit plans to Richland County public works department land development services, new construction, for processing per county procedures currently in practice.

(5)

When the county of jurisdiction has approved the final plat, it shall be transmitted to the planning official for final review and approval for recording.

(6)

If the proposed minor subdivision is in both counties, the two counties shall make a determination of jurisdiction per subsection 10-1.1(b) above.

10-2.3. Submittal requirements and approval processes for major subdivisions.

(a)

Definition of a major subdivision. A major subdivision is any subdivision that is not exempt as a subdivision or does not qualify as a minor subdivision.

(b)

Major subdivision submittal requirements. Applicants requesting approval of a major subdivision shall submit to the planning official ten copies of a major subdivision plan. The major subdivision plan shall comply with the zoning district regulations, regulations for the subdivision of land and creation of lots, and the development standards of this appendix, and shall include:

(1)

General information.

a.

Name and address, including the telephone number of the developer/applicant and/or owner/applicant, and licensed contractor.

b.

North arrow, scale, and date, including revision dates.

c.

Tract boundaries and acreage.

d.

Tax map survey number(s).

e.

Vicinity map.

(2)

Site information.

a.

Floodplain areas, wetlands, and storm drainage ditches.

b.

Location, names, and right-of-way widths of existing or platted streets within and adjacent to the subject tract.

c.

Location and dimensions of all existing rights-of-way and easements.

d.

Political lines, if applicable, and the position of the proposed development in relation to its surroundings indicating current land use (commercial, residential, vacant, etc.) and zoning of the subject site and adjacent property.

e.

Significant tree survey.

(3)

Planned improvements.

a.

Approximate location and layout of proposed streets, roads, sidewalks, and trails.

b.

Approximate locations, dimensions, and area of all proposed lots.

c.

Layout of all existing lots including scaled dimensions of lots, zoning district setbacks, and lot numbers.

d.

Total number of lots (existing and/or proposed).

e.

Open space.

(4)

Phased development. If the applicant intends future phases of development, location of future phases shall be shown on the major subdivision plan. The applicant is encouraged to submit a major subdivision plan of the entire track ultimately to be developed, although the present plans may only call for development of part of the property.

(c)

Major subdivision approval process.

(1)

The applicant shall submit to the planning official ten copies of the major subdivision plan drawn per the requirements stipulated in this section.

(2)

The planning official shall review the major subdivision plan for completeness per the major subdivision plan submittal requirements of this section. A major subdivision plan deemed complete by the planning official will be placed on the agenda for the next regular commission meeting scheduled at least 20 days after the major subdivision plan is filed, and copies of the major subdivision plan will be distributed to the planning commission.

(3)

The planning commission shall consider compliance of the proposed major subdivision with the applicable subdivision regulations and design standards and required improvements and zoning regulations per this appendix, the impact on public facilities, and compliance with the goals and objectives of the comprehensive plan.

(4)

The planning commission shall approve, approve conditionally, or disapprove the major subdivision plan. If the major subdivision plan is disapproved or approved conditionally, the reasons for such action shall be conveyed to the applicant. The reasons for disapproval shall refer specifically to those parts of the comprehensive plan, ordinance, or regulation with which the major subdivision plan does not conform. If granting a conditional approval, the planning commission may require the applicant to resubmit the major subdivision plan with all recommended changes before approving said major subdivision plan. The planning commission may direct the planning official to review the resubmitted major subdivision and to make a determination of approval, or it may require that the resubmitted major subdivision plan be brought before the planning commission for review at the next regular planning commission meeting scheduled at least ten days after the resubmitted major subdivision plan is filed.

(5)

Once planning commission approval of the major subdivision plan is granted, the planning official shall transmit the approved major subdivision plan to the county of jurisdiction for processing, which may include civil plans and construction drawings per the county of jurisdiction's engineering and land development standards and regulations.

(6)

If the proposed major subdivision is in both counties, the two counties shall make a determination of jurisdiction per subsection 10-1.1(b) above.

(7)

When the county of jurisdiction has approved the final plat, it shall be transmitted to the planning official for final review and approval for recording.

(d)

Major subdivision performance guarantee. Subject to the approval of a major subdivision final plat, the developer/owner shall deposit with the town a performance financial guarantee in the amount of 15 percent of the total cost of improvements to cover any expenses associated with correcting and repairing any defects that may surface during the respective county's warranty period. The Lexington and/or Richland County public works department, as applicable, shall review and approve documentation of the total cost of improvements made under county requirements. If defects do surface and the developer does not correct said defects, the town, in coordination with the county(s), may act to do so using the deposited funds. In the absence of any defects or where the cost of any needed repairs is less than the amount deposited, the balance shall be returned to the developer/owner. At the conclusion of the warranty period, the applicable county may accept said dedicated streets and other improvements into the county maintenance system. The performance financial guarantee shall be one of the following and approved by the town attorney:

(1)

Irrevocable letter of credit from a bank or other reputable institution.

(2)

Escrow account where applicant may deposit cash or other instruments readily convertible into cash at face value with the town or to the town in escrow with a bank.

(3)

Prepayment to the town with any unexpended funds to be returned to the applicant.

(4)

Other financial assurances. Such other financial assurances that the town attorney finds will reasonably guarantee the availability of 15 percent of the total cost of improvements to cover any expenses associated with correcting and repairing any defects which may surface during the warranty period.

Any document providing such financial guarantee required under this section shall be in such form and substance as specified by and satisfactory to the town attorney. The required performance financial guarantee (completed and fully executed) shall be a condition of final plat approval and shall be delivered to and approved by the town council prior to the recordation of the final plat and/or the subdivision of the affected property by plat, deed, or otherwise. Written approval from the Lexington County public works department and Richland County public works department, if applicable, shall mean the final plat accurately depicts as-built conditions as approved and inspected by the respective county public works department, and/or other applicable departments.

10-2.4. Group developments.

(a)

Group development defined. A group development is a development of a single tract of land or adjacent tracts of land under the same ownership or control. Group developments include commercial, retail, industrial, institutional, multi-family residential, recreational camps, and manufactured home parks. A group development may consist of a single-use, single-occupant building or a multi-use, multi-occupant complex. Examples are shopping centers and malls, a single commercial business, office parks, industrial parks, apartment buildings and complexes, and "big box" retail. No building permit shall be issued for a group development until the following process has been completed.

(b)

Group development site plans. The applicant shall submit to the planning official ten copies of the group development site plan drawn per the requirements as stipulated below:

(1)

General site plan information.

a.

Tax map survey (TMS) number(s) for the subject parcel(s).

b.

Contact information for the responsible party.

c.

The group development site plan shall be on one plan sheet and must be of sufficient scale to show the entire subject parcel, adjacent boundary lines of adjoining properties, and abutting roads.

d.

TMS number, owner information, and land use (commercial, residential, vacant, etc.) and zoning of adjoining properties.

e.

Right-of-way of abutting road(s).

f.

Existing and proposed encroachments (curb cuts).

g.

All existing and proposed structures, their size, height, elevation, and their setbacks from property lines.

h.

Demonstration of compliance with the visibility at intersections standards per SCDOT requirements and the regulations of this appendix.

i.

Flood zone and wetlands verification and base flood elevation as applicable.

j.

Total acreage in the tract proposed for group development and a statement of total contiguous acreage owned by the developer(s).

k.

The location and size of all proposed utilities and storm drainage easements.

l.

The location of topographical lines (closest available contour intervals—United States Geological Survey [USGS] contours acceptable).

m.

The intended use of each building and (if multiple use) number of units the building is designed to accommodate.

n.

Vicinity map.

(2)

Landscaping. A landscape plan including all required buffers, screening, landscaping, open space, and tree protection provisions of this appendix. The landscape plan shall:

a.

Designate areas to be reserved for landscaping. The specific design of landscaping shall be sensitive to the physical and design characteristics of the site.

b.

Indicate the location and dimensions of landscaped areas (including required buffers, screening, interior parking, and other landscaping), plant materials (planting schedule), decorative features, etc.

c.

Significant tree site design including:

1.

Existing location and size of all significant trees.

2.

Trees to be removed.

3.

Trees to be preserved.

4.

Percent of significant trees to be removed from the buildable area.

(3)

Parking. The site plan must include an off-street parking facilities plan designed in accordance with the off-street parking regulations of this appendix. The plan must include:

a.

The required number of parking spaces per the zoning district regulations of this appendix.

b.

The required number of handicapped parking spaces and their locations.

c.

Parking slip and aisle dimensions.

d.

Off-street loading.

e.

Parking area landscaping per the landscaping provisions of this appendix.

f.

Site parking, aisles, vehicular and pedestrian ingress and egress, loading zones, etc., shall be laid out to facilitate safe and efficient internal vehicular and pedestrian traffic circulation.

(4)

Signage. The applicant is not required to submit sign permit applications at the time of group development application submittal. The developer may, however, opt to include the signage plan per the signage regulations of this appendix. Final certification (certificate of occupancy) shall not be granted until any required sign permits have been applied for and approved per the provisions of this appendix.

(c)

Group development site plan approval process.

(1)

The planning official shall review the group development site plan for completeness. A site plan deemed complete by the planning official will be placed on the agenda for the next regular planning commission meeting scheduled at least 20 days after the site plan is filed. The planning official shall distribute copies of the site plan to all affected town and/or county agencies for review and comment. The planning official shall present the application to the planning commission in a staff report with the planning official's analysis and recommendations and any other county agency's comments that have been received by the planning official. The planning commission shall consider the prevention of traffic hazards and the provisions of off-street parking and required utilities. In addition, the commission will consider compliance of the proposed group development with the applicable zoning and design standards and required improvements per this appendix and with the goals and objectives of the comprehensive plan.

(2)

The planning commission shall approve, approve conditionally, or disapprove the group development site plan. If the site plan is disapproved or approved conditionally, the reasons for such action shall be conveyed to the applicant. The reasons for disapproval shall refer specifically to those parts of the comprehensive plan, ordinance, or regulation with which the plan does not conform. On conditional approval, the planning commission may require the applicant to resubmit the site plan with all recommended changes before approving said plan. The planning commission may direct the planning official to review the resubmitted site plan and to make a determination that the conditions have been met and grant approval, or it may require that the resubmitted plan be brought before the planning commission for review at the next regular planning commission meeting scheduled at least ten days after the resubmitted site plan is filed.

(3)

Once planning commission approval of the group development plan is granted, the planning official shall transmit the approved group development plan to the county of jurisdiction for processing, which may include civil plans and construction drawings per the county of jurisdiction's engineering and land development standards and regulations.

(4)

If the proposed group development is in both counties, the two counties shall make a determination of jurisdiction per section 10-1.1(b) above.

These provisions apply to the development of mixed-use development districts (MD) after final MD zoning designation has been received per the MD zoning provisions of this appendix. The MD site plans submitted for the MD re-zoning application shall be the basis for development of the MD. The zoning MD district site plan requirements are repeated below:

10-3.1. MD district site plan.

(a)

The proposed title of the project, project designer, and the developer.

(b)

The boundaries of the property involved; the general location of all existing easements, property lines, existing streets, and buildings; and other existing physical features on the project site.

(c)

The approximate location of existing and proposed sanitary and storm sewers, water mains, street lighting, and other service facilities in or near the project.

(d)

The general location and dimensions of proposed streets.

(e)

The conceptual land use plan:

(1)

Area by land use (i.e. retail, single-family detached residential, multi-family, townhouses, office, park, green space, etc.).

(2)

Specific allowable uses for each area.

(3)

A tabulation of the number of acres in each use area.

(4)

Maximum densities expressed in dwelling units per net acre for residential uses, and floor/area ratio for non-residential uses.

(5)

Building setbacks.

(6)

Maximum building heights.

(f)

The position of the proposed development in relation to its surroundings. Current land use (commercial, residential, vacant, etc.) and zoning of the subject site and adjacent property and a site location (vicinity) map shall be provided.

(g)

Proposed plan for development in phases, as applicable.

(h)

Alternate design standard plans to include, as applicable:

(1)

Parking and loading.

(2)

Buffers, landscaping, and common open space.

(3)

Street design.

(4)

Signage plan.

The planning commission may establish additional requirements for site plan approval, and in special cases, may waive a particular requirement if, in the opinion of the commission, the inclusion of that requirement is not essential to a proper assessment of the project. Note that alternate street designs apply to private streets. Any alternations in street design for streets dedicated to Richland and/or Lexington Counties must be approved by the respective county.

10-3.2. MD preliminary plan.

(a)

Generally. Prior to development, the applicant shall submit an MD preliminary plan to the planning commission for review and approval. The preliminary plan submittal shall be in compliance with the MD site plan as approved by the planning commission and town council during the re-zoning process. There shall be no major changes from the MD district site plan in the MD preliminary plan. Note that the town MD preliminary plan is separate from, and in addition to, the civil plans required by Richland and Lexington Counties through their respective engineering and land development standards and regulations.

(1)

General submittal requirements.

a.

Plans sheets shall be of a convenient scale of not less than one inch equals 100 feet, adjustable depending upon lot sizes and total acreage.

b.

Plan sheets should be of standard size of not greater than 24x36 inches and no smaller than 24x18 inches.

c.

The number of items presented on any one sheet should be limited such that each item is clearly defined and easily reviewed.

d.

Sheets overcrowded with too much information such that they are difficult and/or confusing to review shall be avoided.

e.

A line and object legend shall be located within the plans.

(2)

Submittal and distribution.

a.

The applicant shall submit ten copies of the preliminary plan to the planning official.

b.

The planning official shall distribute the preliminary plan to the planning commission for the next regular planning commission meeting scheduled at least 20 days after the plan is submitted.

c.

The planning official will distribute relevant copies of the preliminary plans to affected county and town departments for review and comment.

(3)

Information. The preliminary plan for mixed-use developments shall contain the following:

a.

General information.

1.

Proposed name of the development.

2.

Name, address, and telephone number(s) of the developer/applicant and/or the owner/applicant.

3.

Name, address, and telephone number(s) of the professional person(s) responsible for the MD's design, or for the design of any public improvements, and for the surveys.

4.

North arrow, scale, and date, including revision dates.

5.

Tract boundaries and acreage.

6.

Phase boundaries and acreage.

7.

Tax map survey number(s).

8.

Vicinity map.

b.

Site information.

1.

The location of topographical lines at two-foot intervals, wetlands, floodplain areas, and storm drainage ditches.

2.

Current zoning and land use (e.g. residential, commercial, timberland, etc.) of subject site.

3.

Political lines, if applicable, and identification of all surrounding land use and zoning. Any adjoining subdivision or development shall be identified by name.

4.

Location, names, and right-of-way widths of existing or platted streets within and in the vicinity of the tract. In the case of re-subdivisions, a copy of the existing plat with proposed re-subdivisions superimposed shall be submitted on a separate sheet.

5.

Location and dimensions of all existing rights-of-way and easements either on or adjacent to the property to be developed. Specifics must be given as to whether utilities are located within the easements or rights-of-way, and the location of poles and/or towers must be shown.

6.

Size and location of existing sewers, water mains, drains, culverts, or other underground facilities within the street or within the right-of-way of streets or roads adjoining the tract.

c.

Planned improvements.

1.

Layout of streets, alleys, sidewalks, paths, and/or greenways.

2.

Layout of all blocks and lots, including building setback lines, scaled dimensions of lots, consecutive lot and block numbers, and total number of lots.

3.

Layout of all easements and rights-of-way, indicating width and use.

4.

The location, dimensions, and acreage of all common open space property proposed to be set aside for the common use of property owners in the proposed MD, with designation of the purpose thereof and conditions, if any, of the dedication or reservation.

5.

Mixed-use plan: proposed uses shall not be contrary to those regulations stipulated in the approved MD.

(i)

Area by land use (i.e. retail, single-family detached residential, multi-family, townhouses, office, park, green space, etc.).

(ii)

Specific allowable uses for each area.

(iii)

A tabulation of the number of acres in each use area.

(iv)

Maximum densities expressed in dwelling units per net acre for residential uses, and floor/area ratio for non-residential uses.

(v)

Building setbacks.

(vi)

Maximum building heights.

d.

Plan for development in phases, as applicable.

e.

Alternate design standard plans to include, as applicable:

1.

Parking and loading.

2.

Buffers, landscaping, and common open space.

3.

Street design for private streets or as approved by Richland and/or Lexington County as applicable.

4.

Signage plan.

(b)

Preliminary plan approval process.

(1)

The planning commission shall approve, approve conditionally, or disapprove the preliminary plan. If the preliminary plan is disapproved or approved conditionally, the reasons for such action shall be conveyed to the applicant. The reasons for disapproval shall refer specifically to those parts of the MD site plan approved by town council which the preliminary plan does not conform. If granting a conditional approval, the planning commission may require the applicant to resubmit the preliminary plan with all recommended changes before approving said preliminary plan. The planning commission may direct the planning official to review the preliminary plan and to make a determination that the conditions have been addressed and grant approval, or it may require that the resubmitted preliminary plan be brought before the planning commission for review at the next regular planning commission meeting scheduled at least ten days after the resubmitted preliminary plan is filed.

(2)

Once planning commission approval of the MD preliminary plan is granted, the planning official shall transmit the approved MD preliminary plan to the county of jurisdiction for processing, which may include civil plans and construction drawings per the county of jurisdiction's engineering and land development standards and regulations.

(3)

If the proposed minor subdivision is in both counties, the two counties shall make a determination of jurisdiction per subsection 10-1.1(b) above.

(4)

If the proposed mixed-use development is in both counties, the two counties shall make a determination of jurisdiction per subsection 10-1.1(b) above.

10-3.3. MD final plat.

(a)

Prior to recording the final plat with the Lexington County and/or Richland County register of deeds, thus creating individual lots of record that can be sold or transferred, the final plat must be submitted to the planning commission for review and approval for recording. Approval is contingent upon all Lexington County and Richland County (as applicable) approvals. The final plat shall conform substantially with no major changes with the approved MD site plan and preliminary plan.

(b)

MD performance guarantee. The developer/owner shall deposit with the town a performance financial guarantee in the amount of 15 percent of the total cost of improvements to cover any expenses associated with correcting and repairing any defects which may surface during the respective county warranty period. The Lexington County public works department and/or Richland County public works department, as applicable, shall review and approve documentation of the total cost of improvements made under county requirements. In the event that defects do surface and the developer does not correct said defects, the town, in coordination with the county, may take action to do so using the deposited funds. In the absence of any defects or where the cost of any needed repairs is less than the amount deposited, the balance shall be returned to the developer/owner. At the conclusion of the warranty period, the respective county may accept said dedicated streets and other improvements into the respective county maintenance system. The performance financial guarantee shall be one of the following approved by the town attorney:

(1)

Irrevocable letter of credit from a bank or other reputable institution.

(2)

Escrow account where applicant may deposit cash or other instruments readily convertible into cash at face value with the town or to the town in escrow with a bank.

(3)

Prepayment to the town with any unexpended funds to be returned to the applicant.

(4)

Other financial assurances: such other financial assurances that the town attorney finds will reasonably guarantee the availability of 15 percent of the total cost of improvements to cover any expenses associated with correcting and repairing any defects which may surface during the warranty period.

Any document providing such financial guarantee required under this section shall be in such form and substance as specified by and satisfactory to the town attorney. The required performance financial guarantee (completed and fully executed) shall be a condition of final plat approval and shall be delivered to and approved by the town council prior to the recordation of the final plat and/or the subdivision of the affected property by plat, deed, or otherwise. Written approval from Lexington County public works department and Richland County public works department, if applicable, shall mean the final plat accurately depicts as-built conditions as approved and inspected by the respective county public works department, and/or other applicable departments.

10-4.1. Policy.

(a)

It shall be the general policy of the town that all improvements required by this appendix be completed prior to approval for recording of a final plat of a subdivision or development, or the effect of which creates lots of record that may be sold or transferred along with site improvements. However, recognizing that completion of all required improvements prior to obtaining final plat approval may not in some cases be feasible, practical, or financially possible, this section provides a mechanism by which final approval may be granted, contingent upon certain required improvements being completed as and when specified by the town council and upon the applicant providing financial guarantees for the completion of such other required improvements.

(b)

Development projects or the approved development phase must be substantially complete prior to final approval through the improvement guarantee process. In general, the development must be completed except for final road surfacing, minor grading, and minor stormwater management controls. Substantially complete includes, but is not limited to, the following site improvements:

(1)

Utilities installed:

a.

Water, where applicable.

b.

Sewer, where applicable.

c.

Electricity and underground communications cables.

(2)

All roads completed to all-weather construction.

(3)

Major stormwater utilities (retention ponds, sedimentation basins, etc.) completed.

(4)

Approvals from all other applicable federal, state, and local regulatory authorities secured.

(c)

The town shall have the right to refuse any of the optional financial guarantees and require construction and installation of all improvements by the developer, where:

(1)

Past performance of the developer has been unsatisfactory;

(2)

The selected option is unacceptable; or

(3)

For other reasons so stated.

10-4.2. Bond application submittal requirements.

(a)

Engineer's cost estimate prepared by a state registered professional engineer, sealed and signed.

(b)

Statement of conditions prepared by the developer or his representative.

(c)

Letter of credit or cash bond drafted with a minimum three-year expiration period

(d)

Bonded plat prepared by a state registered professional engineer, sealed and signed.

10-4.3. Bond submittal process.

(a)

The estimate shall be submitted to the county engineer. The town shall add 25 percent to the estimate.

(b)

The statement of conditions shall be received by the town and forwarded to the town attorney for review. The approval of the town administrator is required prior to acceptance of the bond.

(c)

Bonds will be entered into the town tracking system and reviewed annually for construction progress. Projects built in phases will be completed and a formal request submitted to the county for acceptance into their system for maintenance.

(d)

Bonds are tracked for the benefit of the town. The developer should not rely upon reminders from the town to manage the terms of the surety instrument; however, the town will take an active role in the process and establish a relationship with the bank or insurance company. The town will require the bank or insurance company to sign a memorandum of understanding (MOU) as it relates to the agreement between the developer and the town. The tracking process includes sending letters, at specified times prior to expiration, to all relevant parties. The following criteria apply:

(1)

90-day letter (sent to developer).

(2)

45-day letter (sent to developer and lending institution) **certified**.

(3)

30-day letter (series of calls made to the developer and surety institution).

(4)

15-day letter (claims letter sent to lending institution) **certified**.

10-4.4. Approval.

All bond instruments involving the infrastructure improvements will be approved by the town council. Bond instruments will remain in place until the respective county has accepted the infrastructure into their system for maintenance.

Projects that are submitted in phases will not be allowed to advance to a new phase until the county has accepted 100 percent of the previous phase roads and infrastructure, where applicable.

10-4.5. Allocation of bond.

Any funds received from financial guarantees required by this appendix shall be used only for the purpose of making the improvements for which said guarantees are provided.

10-4.6. Reduction of bond.

As completion is progressed and documented, the town council may allow reductions in letters-of-credit or bonds. Reductions will not be allowed without a formal inspection by the county engineer and/or his designated representative and a revised estimate approved by the town that covers improvement costs.

10-4.7. Extension of bond.

If it appears to the developer that he may not complete construction of required improvements before expiration of his improvement guarantee, it shall be his obligation, at least 15 days prior to the expiration period, to submit an extended guarantee request. Such extension, if approved, shall be for a period of six months. A maximum of two such extensions shall be allowed.

10-4.8. Approval for recording.

Any bonded plat that is approved for recording under an improvement guarantee must be annotated as: "Bonded Plat Approved Under Improvement Guarantee." Once the terms of the improvement guarantee have been completed and the financial guarantee has been retired, it shall be the developer's responsibility to record a final plat without the bonded plat notation, and such recording must be done as a condition for release of the performance guarantee upon termination of the warranty period.

As of the effective date of the ordinance from which this appendix derived, the town may enter into a binding development agreement with the developer for long-term developments on large tracts of land. The development agreement shall meet all the requirements under S.C. Code 1976, § 6-31-10 et seq., The South Carolina Local Government Development Agreement Act (the Act). The development agreement gives the developer a vested right for the term of the agreement to proceed according to the provisions of the ordinance in existence on the execution date of the agreement per § 6-31-80 of the Act. Benefits to the town may include enhanced development design standards, on and off-site infrastructure, public facility and other improvements and funding, affordable housing, and other benefits negotiated with the developer in return for vesting of development rights for the term of the agreement.

10-5.1. Minimum requirements.

(a)

The property must contain a minimum of 25 acres of highland as defined as land above the 100-year floodplain as delineated on the official FEMA flood maps of Lexington and/or Richland County.

(b)

Development time. The following table specifies the maximum term of a development agreement by the size of the project:

The maximum term of a development agreement may be extended by a subsequent agreement.

10-5.2. Procedures for adoption of development agreements.

(a)

Drafting of agreement. The developer shall consult with the planning official, town attorney, and other staff and consultants in drafting the terms and conditions of the development agreement. The development agreement shall include, but is not limited to, all elements as required by § 6-31-60 of the Act.

(b)

Planning commission public hearing. The planning commission shall hold a public hearing. A notice of intent to consider the development agreement shall be published in a newspaper of general circulation at least 15 days prior to the hearing. The notice shall include:

(1)

The specific location of the property.

(2)

The proposed uses of the development.

(3)

The location where a copy of the proposed agreement may be obtained.

At the conclusion of the planning commission public hearing, the planning commission chairman shall announce the town council's public hearing and the date, time, and place that the county council will hold a public hearing on the proposed development agreement. The town council public hearing shall be held at least 15 days after the planning commission public hearing.

(c)

Planning commission recommendation to town council. The planning commission shall review the development agreement and make a recommendation to the town council to:

(1)

Accept the development agreement as drafted;

(2)

Accept the development agreement with amendments; or

(3)

Deny the development agreement.

(d)

Town council public hearing. The town council shall hold a public hearing. A notice of intent to consider the development agreement shall be published in a newspaper of general circulation at least 15 days prior to the hearing. The notice shall include:

(1)

The specific location of the property.

(2)

The proposed uses of the development.

(3)

The location where a copy of the proposed agreement may be obtained.

(e)

Development agreement ordinance. The proposed development agreement shall be approved by the town council by adoption of an ordinance.

10-5.3. Recording of development agreement.

The developer shall record the development agreement with the Lexington or Richland County register of deeds within 14 days after the development agreement ordinance is executed.

10-5.4. Annual review.

The planning official shall conduct annual reviews to assess the progress of the development for the purposes of determining if the developer is demonstrating good faith compliance with the terms of the agreement. The planning official shall prepare a written report to the planning commission, town council, and the developer within 30 days following the annual review. When the annual review reveals a material breach of the agreement, the following steps shall be taken:

(1)

Notice of breach. The planning official shall include in the report a notice of breach setting out the specific nature of the breach and the evidence supporting this determination.

(2)

Corrective action plan. The developer shall have 30 days to respond with a corrective action plan with the time frame to cure the material breach. The developer should be given a reasonable time to correct the breach, commensurate with the nature of the breach. The planning official may approve the corrective action plan. A decision of the planning official may be appealed to town council.

(3)

Termination of agreement. Upon failure of the developer to respond to the notice of breach within 30 days, or to correct the breach within the time given, the town council may unilaterally terminate or modify the agreement. However, failure of the developer to meet a commencement or completion date shall not, in and of itself, automatically constitute a material breach of the agreement, but must be judged based on the totality of the circumstances. The developer shall have an opportunity to rebut the determination in executive session of town council, or consent to amend the agreement to meet the concerns raised by the findings and determination of the breach.