James Island City Zoning Code

SUBDIVISION REGULATIONS

§ 153.300 GENERAL; PURPOSE, APPLICABILITY, EXEMPTIONS.

(A) Purpose. The public health, safety, economy, good order, appearance, convenience, and general welfare require the harmonious, orderly, and progressive development of land within the town. In furtherance of this general intent, the subdivision regulations are authorized for the following purposes, among others:

(1) To implement the goals, objective, and policies of the town’s Comprehensive Plan;

(2) To facilitate the adequate provision or availability of transportation, police and fire protection, water, sewage, schools, parks and other recreational facilities, affordable housing, disaster evacuation, and other public services and requirements;

(3) To ensure the provisions of needed public open spaces and building sites in new land developments through the dedication or reservation of land for recreational, educational, environmental, transportation, and other public purposes;

(4) To ensure, in general, the wise and timely development of new areas and redevelopment of previously developed areas in harmony with the adopted or amended Comprehensive Plan for the town and any adopted or amended municipal comprehensive plan within or adjacent to the town;

(5) To implement land use policies that will preserve agricultural uses of land and the rural character of the town;

(6) To identify, protect, and preserve scenic, historic, and ecologically sensitive areas;

(7) To prevent overcrowding of land, avoiding undue concentration of population and lessening congestion in the streets;

(8) To regulate the density and distribution of populations and the uses of buildings, structures, and land for trade, industry, recreation, agriculture, forestry, conservation, airports and approaches thereto, water supply, sanitation, individual onsite wastewater systems or offsite sewer lateral connection provided to each lot, protection against floods, public activities, and other purposes; and

(9) To ensure protection from fire, flood, and other dangers, and furthering the public welfare in any other regard specified by a local governing body.

(B) Applicability. Unless expressly exempted, no subdivision shall be made, platted, or recorded for any purpose nor shall parcels resulting from such subdivisions be sold, unless such subdivision meet all applicable standards of this chapter and has been approved in accordance with the procedures of this chapter.

(1) All lots shown on plats, whether subdivided or not, shall have the Planning Commission stamp of either approval or exemption on said plat; the Register of Mesne Conveyance shall not record any plat without such stamp. The plat for an individual lot exempted by virtue of pre-existence must be accompanied by a surveyor’s statement on the plat that the lot is a single, individual lot, and not newly created.

(2) Parcels that were recorded by deed or plat prior to the adoption of the county’s original subdivision regulations on January 1, 1955, will receive automatic approval under a grandfather clause, provided the parcel involved is still the same size and shape as when recorded prior to 1955 and is properly platted in accordance with present standards. The recorded information must be provided and attested to by the surveyor or attorney involved.

(3) Preliminary plats submitted for approval shall expire two years from the date of preliminary approval if all conditions for preliminary plat approval have not been met. The Zoning Administrator shall be authorized to grant a one-time extension of this time frame if a written request is submitted by the applicant prior to the expiration date. The time period of the extension shall not exceed one year.

(4) Upon submission of a subdivision application, no additional subdivision applications shall be accepted for the subject property until the original application has been withdrawn or the decision-making body has rendered its final decision and all applicable time limits on refiling have expired.

(1) Procedures. The following shall be exempt from the subdivision plat procedures, if the Zoning Administrator determines that all engineering and survey standards of this chapter have been met:

(a) The combination or re-combination of portions of previously platted lots where the total number of lots is not increased. When the plat is finalized, it shall be submitted to the Zoning Administrator for recording. Deeds and plats shall be recorded simultaneously.

(b) The public acquisition of land for right-of-way or drainage easements or any lot or parcel created therein.

(c) Contiguous properties that are to be divided for the purpose of exchanging or trading parcels of land. When the plat is finalized, it shall be submitted to the Zoning Administrator for recording. Deed and plats shall be recorded simultaneously.

(d) A parcel of land that is proposed to be used as the site for a utility substation, power line easements or right-of-way, pumping station, pressure regulating station, electricity regulating substation, gas pressure control station, or similar facilities.

(e) The combination or re-combination of entire lots of record when no new street or change in existing streets is involved.

(f) The division of land into parcels of five acres or more, where no new street or easement is involved. Plats of these exceptions must be received as information by the Zoning Administrator, which fact shall be indicated on the plats.

(2) Standards. Lots created and recorded prior to August 15, 1971 shall be exempt from compliance with the standards of this chapter, provided that the subject property:

(a) Was or is surveyed and platted in accordance with prescribed standards;

(b) Has the approval of the State Department of Health and Environmental Control (DHEC); and/or the Public Service District.

(c) Contains no drainage ways or easements needed to drain surrounding properties, as determined by the Public Works Director.

(D) Town road construction standards.

(1) The regulations and standards of this chapter are intended to supplement the town’s road construction standards, as amended, in Appendix A of the chapter, which shall be considered the minimum design standards for roads and drainage systems in the town.

(2) Note: C Funds cannot be used to construct a ROW or drainage easement. Approved constructed ROW or constructed easements can be maintained by C Funds.

(E) Relationship to development review procedures of §§ 153.040 through 153.055. The “general” procedural requirements and standards of § 153.040 of this code shall apply to the subdivision plat procedures of this subchapter.

(F) Survey compliance. All land surveys in the town shall be in accord with the land use designated for the proposed subdivision of property and the criteria specified in urban land surveys as promulgated by the S.C. Code of Regulations, 1991, Chapter 49, Article 3, R. 400-490, as amended, and described as the “Minimum Standards Manual for the Practice of Land Surveying in South Carolina.”

(Ord. 2012-06, § 8.1, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.301 PRE-APPLICATION INFORMATION; CONFERENCE.

Pre-application conferences offer an opportunity for Planning, Public Works, and other affected agencies to familiarize applicants with applicable procedure, submittal requirements, development standards, and other pertinent matters before finalizing the development proposal or laying out the proposed subdivision. Applicants requesting minor subdivisions are suggested to schedule a pre-application process before submittal of an application. Applicants for a major subdivision are required to have a pre-application conference before submittal of an application. Applicants shall be responsible for scheduling pre-application conferences with the Zoning Administrator who shall be responsible for contacting the Public Works Director and other affected agencies.

(Ord. 2012-06, § 8.2, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.302 MINOR SUBDIVISIONS.

(A) Minor subdivision; general. A MINOR SUBDIVISION is a division of any tract of land into three or fewer lots, provided that:

(1) No public street right-of-way dedications are involved;

(2) The Public Works Director does not require a preliminary plat for a drainage easement;

(3) The lots meet State Department of Health and Environmental Control (DHEC) requirements for an acceptable sewage disposal system, including systems deemed to be properly functioning by DHEC and those grandfathered by DHEC regulations; off-site sewage disposal systems must be approved by DHEC and an off-site utility easement must be shown along with the lots served by the off-site system; and/or the town PSD;

(4) Off-site sewerage disposal systems must be approved by DHEC and/or the public provider and an off-site utility easement must be shown along with all lots served by the off-site system if public sewer is (accessible and is provided to each lot) provided, then sewer lateral connection will be provided to each lot; and

(5) No new or residual parcels will be created that do not comply with all applicable requirements of this chapter.

(B) Minor subdivision process. Applications for minor subdivisions shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department. There is one required step in the minor subdivision process which is final plat review and approval. Generally, minor subdivisions are reviewed in the Planning/Zoning Department and approved by the Zoning Administrator. However, the Zoning Administrator may send minor subdivisions applications to the Planning Commission for approval in order to determine whether or not the proposed subdivision is consistent with the goals and objective of the Comprehensive Plan. Applicants for minor subdivisions are strongly encouraged to schedule and attend a pre-application conference prior to filing a minor subdivision.

(Ord. 2012-06, §§ 8.3.1 and 8.3.2, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.303 MAJOR SUBDIVISIONS.

(A) Major subdivision; general. Any land divisions that are not a minor subdivision shall be processed as major subdivisions.

(1) Conference. All major subdivisions applicants are required to attend a pre-application conference.

(2) Subdivision roads and utilities. A zoning permit is required for grading, drainage, or the construction of roads and utilities in a subdivision, provided a subdivision plat has been approved. The permit shall be posted on the site prior to commencing work.

(B) Major subdivision process.

(1) Applicants for major subdivisions are required to schedule and attend a pre-application conference prior to filing a major subdivisions application.

(2) After the pre-application conference, there are three required steps in the process:

(a) Preliminary plat review and approval;

(b) Letters of coordination; and

(3) Each step of the process shall be completed before initiating the next step.

(4) Applications for major subdivisions shall be submitted to the Zoning Administrator and shall include a completed application form (available from the Planning/Zoning Department). Additional components for consideration of a major subdivision that are necessary at the pre-application conference are:

(a) A plat or survey of the subject property, if available, or a tax map that identifies the subject property; and

(b) A concept plan that includes the following information:

1. The proposed means of access to a public road;

2. Surrounding land uses;

3. All adjacent roads;

4. A preliminary map and analysis of natural resources present on the subject property and surrounding property; and

5. A conceptual layout of the proposed subdivisions, which shall be overlaid on the preliminary site analysis and which shall show streets, drainage, lots, parks, and other facilities located to protect natural resource areas.

COMMENTARY:
Approval from other local, state, or federal agencies may be necessary in the development of land in the town, particularly in regard to environmental concerns. Pre-application conferences should be held with these agencies, including the State Department of Health and Environmental Control, Ocean and Coastal Resource Management, U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service. Traffic studies may be requested to determine the post development effect the increased density may have on existing or planned streets and highways.

(Ord. 2012-06, §§ 8.3.3 and 8.3.4, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.304 LETTERS OF COORDINATION FOR MAJOR AND MINOR SUBDIVISIONS.

Letters of coordination are required that acknowledge that the town and other agencies will be able to provide necessary public services, facilities, and programs to service the development proposed, at the time the subdivision plat is processed.

(Ord. 2012-06, § 8.3.5, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.305 PRELIMINARY PLAT.

(A) Applicability. Preliminary plats shall be required for all major subdivisions.

(B) Application; requirements. The following shall be submitted.

(1) Submission. Completed applications for preliminary plat approval shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department. Ten copies of the Preliminary Plat shall be filed with the application.

(2) Scale. Preliminary plats shall be drawn to engineer’s scale no smaller than one inch equals 200 feet. Where large areas are being platted, they may be drawn on one or more sheets, 22 inches by 34 inches in size. For small areas being platted, a scale of one inch equals 100 feet shall be used.

(3) Layout. Even if the applicant intends to subdivide only a portion of a parcel or tract of land initially, the preliminary plat shall show a proposed street and lot layout, drainage plan, and other requirements for the entire parcel or tract of land in which such portion is contained; except that the Zoning Administrator, with the recommendation of the Public Works Director, may waive this requirement on a finding that such a complete layout is not necessary to carry out the purposes of these regulations.

(4) Required information. The following information shall be required on each plat.

(a) The courses and distances of the perimeter of the land involved shall be indicated on the plat shown with all courses marked to show which actual field observations are and which are computed.

(b) References to a known point or points such as street intersections and railroad crossings shall be shown.

(c) The total acreage of the land involved in the subdivision and the acreage of high land above the Office of Ocean and Coastal Resource Management critical line. Date of critical line certification shall be indicated. (Aerial photography may not be used to determine OCRM critical line location.)

(d) The names of adjacent landowners and streets where known or available shall be given (with the tax parcel numbers), and all intersecting boundaries or property lines shall be shown.

(e) Proposed divisions to be created shall be shown, including building envelopes for each lot, right-of-way widths, roadway widths, road surface types, sidewalks (if applicable), proposed drainage easements and names of streets; the locations of proposed utility installations and utility easements; lot lines, dimensions, and angles; sites reserved or dedicated for public uses and sites for apartments, civic/institutional, commercial, and industrial uses. The status of the existing lot access and the concept of the type of road construction being proposed shall be indicated (e.g., ingress/egress easement, private road constructed or unconstructed, public secondary or primary rural road, public secondary or primary town road, and other details as appropriate; i.e., curb and gutter, asphalt swales, inverted crown, roadside open ditch, and the like).

(f) The title, scale (including graphic scale), north arrow (magnetic, grid, or true), date, name of applicant, and the name and seal of the engineer or surveyor with state registration number shall be shown.

(g) All existing structures and physical features of the land, including contours (contours not required on proposed private subdivisions and only within the rights-of-way of proposed rural public streets), drainage ditches, roads, and wooded areas shall be shown. The contour interval shall be one foot unless otherwise approved in advance of submission by the Public Works Director. All contour information shall be based on mean sea level datum and shall be accurate within one-half foot. The benchmark, with its description and the data used for the survey, shall be clearly noted on the plat.

(h) General drainage features, including proposed drainage easements and detention/ retention basins. Also the proposed direction of drainage on each street, ditch, and lot shall be indicated by the use of arrows and proposed street names.

(i) The location of required landscape buffers as specified in §§ 153.330 through 153.341 of this code, which shall not be located within drainage easements unless expressly approved by the Public Works Director.

(j) U.S. Army Corps of Engineers jurisdictional wetlands must be delineated with the date of certification, on lots of five acres or less in size and within all publicly dedicated rights-of-way and easements. Include Army Corps of Engineers SAC number.

(k) A notation shall be made on the plat clearly indicating the applicable OCRM critical line buffers and setbacks.

(l) Tree surveys on lots of one acre or less are to include grand trees on the entire lot. Tree surveys of grand trees may be requested upon site inspection if lots greater than one acre appear to be unbuildable due to the presence of grand trees.

(m) Tree surveys of all grand trees are required within access easements, drainage easements, and rights-of-way.

(n) A signature block on the plat signed by the owner(s) of the property and notarized indicating that the proposed preliminary plat being put forth is an action of the owner(s), heirs thereto, or assigns.

(o) A vacant block shall be provided on each page of the plat that is three inches by eight inches in dimension for town approval stamps and notation.

(p) A statement that any easements for utilities or other encroachments in the area to be dedicated for streets, highways, drainage, or other public or private use are subject to binding provision that the costs of future relocation of any such encroachments due to the construction or maintenance of public improvements shall be borne by the holder of the easement and/or utility company.

(5) Accompanying data.

(a) The preliminary plat shall be accompanied by a statement as to the availability of and specific indication of the distance to and location of the nearest public water supply and public sanitary sewers.

(b) The preliminary plat shall be accompanied by a statement indicating what provisions are to be made for water supply and sewage disposal.

(c) Proposed subdivisions encom passing 100 or more acres of land area shall provide a master plan showing the general layout of future development of the entire tract and on adjacent lands that are under common ownership or control. This master plan shall provide a generalized description and plan that addresses the following future development considerations: traffic circulation, drainage, environmental preservation, utility placement, land use, density, and any areas that are to remain undeveloped.

(d) The engineer and/or surveyor who prepared the preliminary plat shall affix their seal(s), name(s) and state registration number(s). Only engineers or surveyors registered in the State of South Carolina shall attest and fix their seal on the preliminary plat.

COMMENTARY:
For the purpose of preliminary plat applications, a complete application means one that includes all required information and fees and that addresses the findings of the inspection report and has received all approvals from other agencies that are a prerequisite to preliminary plat approval.

(C) Zoning Administrator; review and report. Upon receipt of a complete application for preliminary plat approval, the Zoning Administrator shall have 30 calendar days to:

(1) Review the proposed preliminary plat;

(2) Compile a staff report on the proposed plat, which includes the comments and recommendations of the Public Works Director and other affected agencies; and

(3) Forward the report and any recommendations to the Planning Commission.

(D) Planning Commission; review and report. Within 30 calendar days of receipt of a report from the Zoning Administrator, the Planning Commission shall review the proposed preliminary plat and act to approve, approve with conditions or deny the preliminary plat based on whether it complies with all applicable requirements of this chapter and the adopted Town Comprehensive Plan.

(E) Effect of preliminary plat approval. Approval of a preliminary plat shall constitute general acceptance of the overall planning concepts for the proposed subdivision and is a prerequisite for the filing of a final plat application.

COMMENTARY:
Appeals of Zoning Administrator and other subdivisions-related administrative decisions, including decisions to reject applications as incomplete, shall be processed in accordance with § 153.053 described in this chapter.

(F) Lapse of preliminary plat approval. An approved preliminary plat shall lapse and be of no further force and effect if a final plat for the subdivision (or a phase of the subdivision) has not been approved within two years of the date of approval of the preliminary plat. If the subdivision is to be developed in phases, a phasing plan, including a timetable for development of the entire subdivisions, shall be approved as part of the preliminary plat approval. No final plats shall be accepted and no construction shall be allowed for any phase not approved as part of the preliminary plat.

(G) Appeals of Zoning Administrator’s preliminary plat decision. Any party in interest in a preliminary plat decision of the Zoning Administrator regarding a complete or incomplete application may appeal the decision of the Planning Commission by filing an appeal with the Zoning Administrator within 30 calendar days of the date of the decision.

(1) Appeal powers. In exercising its appeal power, the Planning Commission may reverse or affirm, wholly or partly, or may modify the decision on appeal. In acting upon the appeal, the Planning Commission shall be authorized only to determine whether the decision of the Zoning Administrator was made in error. The Planning Commission shall not be authorized to approve modifications or waivers of chapter standards through the appeal process. If the Planning Commission determines that it is necessary to obtain additional evidence in order to resolve the matter, it may remand the matter to the Zoning Administrator with directions to obtain such evidence and to reconsider the decision in light of such evidence.

(2) Consideration of evidence. The decision of the Planning Commission shall be a matter of record; it shall consider only the same application, plans, and related project materials that were the subject of the original decision and only the issues raised by the appeal.

(3) Burden of persuasion of error. In acting on the appeal, the Planning Commission shall grant to the decision of the Zoning Administrator a presumption of correctness, placing the burden of persuasion of error on the appellant.

(4) Approval criteria. An appeal shall be sustained only if the Planning Commission finds that the decision of the Zoning Administrator was in error.

(5) Vote required. A quorum of the Planning Commission shall be achieved when the number of members in attendance equals more than one-half of its total membership. At least two-thirds of the members present and voting shall be required to reverse a final plat decision of the Zoning Administrator.

(H) Appeals of Planning Commission preliminary plat decision. Any party in interest in a preliminary plat decision of the Planning Commission or any officer, board, or bureau of the town may appeal the Planning Commission decision to the Circuit Court. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after actual written notice of the Planning Commission’s decision.

(I) Construction plans. After approval of a preliminary plat and before commencing any work within the proposed subdivision, including land clearing and grading, road and drainage plans prepared by an engineer registered in the state shall be submitted to the Public Works Director for review and approval in accordance with the town road construction standards in Appendix A of Ordinance 2012-06, as amended.

(J) Inspections.

(1) Subdivision plats that are submitted for review are field inspected by Planning and Public Works staff to ensure compliance with any applicable ordinance requirements and town standards.

(2) Prior to submitting a preliminary plat where no public sewer is provided to any proposed lot, the applicant shall contact a representative of the State Department of Health and Environmental Control (DHEC) and arrange for a test of the soil on any proposed lot. DHEC staff will inspect the proposed lot(s) in order to identify areas that meet minimum septic system requirements required by the state. The results of this test shall be submitted by the applicant at the same time of the preliminary plat application.

(3) Where subdivision streets and/or drainageways are being constructed, the Public Works Director or the authorized representative will make periodic visits to the site as indicated in the town road construction standards, Appendix A of Ordinance 2012-06, as amended, to ensure construction compliance with the town-approved road and drainage plans. The Public Works Director’s or the authorized representative’s certification that all roads and drainage systems have been constructed in compliance with the plans is required prior to final approval of the development. This approval is only necessary for public subdivisions.

(Ord. 2012-06, § 8.4, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.306 FINAL PLAT.

(A) Applicability. Final plats shall be required for all subdivisions.

(B) Application.

(1) Final plat application requirements.

(a) Applications for final plat approval shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department. Ten copies of the final plat shall be filed with the application.

(b) Written certification from the design engineer that the subdivision’s road and drainage infrastructure and any other required improvements have been constructed in accordance with the approved plans.

(c) The final plat shall be drawn in ink on a material specified by the Register of Mesne Conveyance for recording on sheets 22 inches by 34 inches in size and at an engineer’s scale of one inch equals 100 feet or larger. Where necessary the plat may be on several sheets accompanied by an index sheet or key map insert showing the entire subdivision.

(2) Information. The final plat shall show the following:

(a) All proposed divisions of land shall be shown, including each lot showing lot lines with bearings and distances; all rights-of-way; all drainage easements; names of all streets; the locations of all utility rights-of-way and utility easements; all structures; and all sites reserved or dedicated for public uses;

(b) The title, scale (including graphic scale), north arrow (magnetic, grid or true), date, name of applicant, and the name of the engineer or surveyor with state registration number shall be shown;

(d) The names of adjacent landowners and streets, where known or available, shall be given (with the tax parcel numbers), and all intersecting boundaries or property lines shall be shown;

(e) Certificates:

1. The signature and seal of the registered land surveyor in accordance with the current Minimum Standard Manual for the Practice of Land Surveying in South Carolina;

2. A statement of dedication by the property owner of streets, rights-of-way, easements, and any other sites for public or private use and warranty of title of property offered for dedication. If any change in ownership is made subsequent to the submission of the plat and prior to the granting of final approval, the statement of dedication shall be corrected accordingly;

3. For any public dedication, a warranty deed for the transfer of the right(s)-of-way(s), easement(s), or other sites for public use to the town on legal documents of the form suitable to the town must be provided; and

4. A statement that any easements for utilities or other encroachments in the area to be dedicated for streets, highways, drainage, or other public or private use are subject to a binding provision that the costs of future relocation of any such encroachments due to the construction or maintenance of public improvements shall be borne by the holder of the easement and/or utility company;

(f) All easements shall include their location, width, and center line;

(g) The approved Office of Ocean and Coastal Resource Management (OCRM) critical line with signed approval statement on the final plat;

(h) At the Zoning Administrator’s discretion, the applicant/surveyor may be required to show buffers and setbacks on lots less than one acre in size or on newly created lots that may appear to have encroachment or structures into a buffer or setback;

(i) U.S. Army Corps of Engineers jurisdictional wetlands must be delineated with date of certification, on lots of five acres or less in size and within all publicly dedicated rights-of-way and easements. Include Army Corps of Engineers SAC number;

(j) High land acreage and low land acreage (freshwater wetlands or acreage below the Office of Ocean and Coastal Resource Management critical line);

(k) Tree surveys on lots of one acre or less are to include grand trees on the entire lot. Tree surveys of grand trees may be requested upon site inspection if lots greater than one acre appear to be unbuildable due to the presence of grand trees;

(l) Tree surveys of all grand trees are required within access easements, drainage easements, and rights-of-way;

(m) Ownership and maintenance status of the lot access shall be indicated for any newly created lots; and

(n) A vacant block shall be provided on each page of the plat that is three inches by eight inches in dimension for town approval stamps and notations.

(3) Accompanying data.

(a) A certificate of title or a sworn affidavit establishing the ownership of the land to be recorded. If any change in ownership occurs subsequent to the date of the certificate of title or affidavit and prior to the granting of final approval, a new certificate of title or sworn affidavit establishing the ownership of the land shall be submitted to the Zoning Administrator.

(b) In subdivision where existing public water and public sewer systems have been extended and/or a new system installed, a certification of inspection and associated operating permits from the State Department of Health and Environmental Control (DHEC) shall be submitted.

(c) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law.

(d) Should the landowner/developer decide to utilize Article A.2, Private road standards, of Appendix A of Ordinance 2012-06, as amended, the following five notes shall be placed on the plat.

1. Any future subdivision of this parcel, or road construction or extension of the existing roads shown hereon shall require compliance with the town ordinances. Before the town will consider acceptance of any dedication of roads into the town road system, the property owner(s) shall construct the roads to town road construction standards.

2. It is hereby expressly understood by the property owner, developer, or any subsequent purchaser of any lots shown on the plat that the town is not responsible for the maintenance of the streets, roads, common areas, drainage systems, and any other municipal services which include, but are not limited to, garbage disposal, public sewage, fire protection, or emergency medical service.

3. Be aware that the town is not responsible for drainage and flooding problems relevant to the real property, and that emergency vehicles may have difficulty accessing the property.

4. No public funds shall be used for the maintenance of the roads shown on the plat.

5. This approval in no way obligates the town to maintain the 50-foot right-of-way until it has been constructed to town standards and accepted for maintenance by Town Council.

(e) Letters of coordination are required which acknowledge that the County and other agencies will be able to provide necessary public services, facilities, and programs to service the development proposed, at the time the subdivision plat is processed.

(4) Certification of approval. When the Zoning Administrator has approved the plat, a certificate noting such approval and carrying the signature of the Zoning Administrator shall be placed on the original drawing of said plat.

(C) Zoning Administrator; review and decision. Within 45 days of receipt of a complete final plat application, the Zoning Administrator shall review the proposed final plat and the reports from the Public Works Director and other affected agencies and act to approve, approve with conditions or deny the final plat, based on whether it complies with the approved preliminary plat, all applicable requirements of this chapter, and the purposes and intent of § 153.005.

(D) Acceptance of dedications.

(1) Approval of a Final Plat shall not constitute acceptance of any public improvements. Such acceptance will require Town Council acceptance of dedication.

(2) Documents or instruments granting easements within the area to be dedicated must provide that:

(a) Future relocation or replacement costs of any encroachments, including but not limited to utilities, due to maintenance or construction of public improvements, is to be borne solely by the easement holder/utility company; and

(b) The town will not be responsible for costs relating to future relocation or replacement of utilities or other encroachments made necessary by maintenance and/or construction of public improvements;

(d) Relocation shall be completed within 90 days from receipt of written request by the town or as otherwise agreed to by the town.

(E) Recording. Approved final plats shall be recorded by the Zoning Administrator with the Register of Mesne Conveyance within 30 days of final approval. Notice to the applicant shall be sent within a reasonable time following the date of the recording with the Register of Mesne Conveyance.

(F) Appeals of Zoning Administrator’s final plat decision. Any person with a substantial interest in a final plat decision of the Zoning Administrator may appeal the decision to the Planning Commission by filing an appeal with the Zoning Administrator within 30 calendar days after the actual notice of the decision.

(1) Appeal powers. In exercising the appeal power, the Planning Commission may reverse or affirm, wholly or partly, or may modify the decision being appealed. In acting upon the appeal, the Planning Commission shall be authorized only to determine whether the decision of the Zoning Administrator was made in error. The Planning Commission shall not be authorized to approve modifications or waivers of chapter standards through the appeal process. If the Planning Commission determines that it is necessary to obtain additional evidence in order to resolve the matter, it may remand the matter to the Zoning Administrator, with directions to obtain such evidence and to reconsider the decisions in light of such evidence.

(2) Consideration of evidence. The Planning Commission’s decision shall be on the record; it shall consider only the same application, plans, and related project materials that were the subject of the original decision and only the issues raised by the appeal.

(3) Burden of persuasion or error. In acting on the appeal, the Planning Commission shall grant to the Zoning Administrator’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

(4) Approval criteria. An appeal shall be sustained only if the Planning Commission finds that the Zoning Administrator erred.

(5) Vote required. A quorum of the Planning Commission shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Planning Commission. At least two-thirds of the members present and voting shall be required to reverse a final plat decision of the Zoning Administrator.

COMMENTARY:
Appeals of Zoning Administrator and other subdivision decisions [including decisions to reject applications as incomplete], shall be processed in accordance with § 153.053 described in this chapter.

(G) Appeals of Planning Commission’s decision.

(1) Any person with a substantial interest in a final plat (appeal) decision of the Planning Commission may appeal the Planning Commission decision at the Circuit Court. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after actual notice of the Planning Commission’s decision.

(2) At any time prior to appeal of a Planning Commission decision on a final plat (appeal) decision, the appellant may request that the Planning Commission enter mediation. When mediation is requested, the Planning Commission shall assign one of its members as a representative in mediation proceedings. A vote of the Planning Commission in a public meeting shall be required to accept any mediated settlement. An accepted mediated settlement

cannot waive the standards of this chapter. Prior to beginning talks, applicable time limits for review and action on complete applications must be extended by mutual agreement of the applicant and Planning Commission.

(Ord. 2012-06, § 8.5, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.307 MARKERS.

(A) Placement. A marker shall be set on the right-of-way line at the ends of the block for every block length of street. When blocks occur that have a curve or curves in them, markers shall be set on both sides of the street at the ends of tangents. Markers shall also be set on right-of-way lines (on each side of the center line) at angle points when curves are not used. All interior lot corners shall be marked. The location and type of markers used shall be indicated on the final plat.

(B) Timing. Markers shall be installed prior to the submission of and approval of the final plat.

(Ord. 2012-06, § 8.6, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.308 LOTS; LAYOUT AND DESIGN.

(A) Layout and design generally. Lots shall be laid out and designed to provide buildable area on each lot, while complying with all other standards and requirements of this chapter.

(B) Size.

(1) Lots shall comply with the lot area standards of the underlying zoning district and all other applicable standards of this chapter.

(2) Depth of residential lots shall not exceed five times the width of the lot (a 1:5 ratio).

(3) The Zoning Administrator may allow the lot width to depth ratio of 1:5 to be exceeded when any of the following conditions occur:

(a) When attached dwellings are proposed;

(b) Where additional depth is provided for marsh frontage lots when the lot width depth ratio is met and the property line is extended into the marsh or the property is bisected by or fronts on freshwater wetlands; or

1. The minimum lot frontage for each lot is not less than 250 feet;

2. In no case shall the average lot width be less than 250 feet with the minimum lot width at any one point less than 200 feet;

3. The property to be subdivided is located in an NRM or agricultural zoning district; and

4. Prescribed lot width requirements shall be for at least two-thirds of the depth of the lot.

(1) Double-frontage lots shall be avoided except where essential to provide separation of residential development from major roadways or to overcome specific disadvantages of topography and orientation. An easement with a minimum width of ten feet may be required to restrict access from the major street or other area.

(2) All lots shall be provided with a means of access in conformance with the standards and specifications of this chapter.

(3) The minimum frontage of any flag lot or cul-de-sac lot access shall be 20 feet.

(4) All lots, all flag lots, cul-de-sac lots, and privately accessed lots shall comply with the International Fire Code, as adopted by Town Council (20 feet in width, 13 feet six inches in height unobstructed).

(D) Flag lots. The Zoning Administrator shall be authorized to allow the use of flag lots only when the Zoning Administrator determines that such lot configurations are necessary to address development constraints that are present on the site, e.g., lot width or wetland issues.

(1) Permitted use of flag lots. Flag lots may be authorized when the Zoning Administrator determines that they will:

(a) Facilitate subdivision of a long narrow parcel that has sufficient area but insufficient width to be otherwise subdivided;

(b) Eliminate multiple access points to collector or arterial roads; and/or

(c) Allow reasonable development when the buildable area of a parcel is restricted due to the presence of a natural resource or the irregular shape of a parcel.

(2) Prohibited use of flag lots.

(a) Flag lots shall not be used to avoid the development of streets otherwise required by this chapter when the effect of such flag lots would be to increase the number of access points (driveways) on a publicly dedicated road right-of-way.

(b) Flag lots may be denied when an adjoining parcel also has sufficient area but insufficient width to otherwise be subdivided. In such cases, platting can be accomplished by landowners of adjoining parcels joining together to provide a full width right-of-way and road section.

(3) Standards for flag lots.

(a) Flag lots shall take direct access to streets that comply with this chapter.

(b) The area within the flagpole portion of a flag lot shall not be counted as lot area for the purpose of meeting the minimum lot area requirements of this chapter.

(c) The flagpole portion of a flag lot shall have a minimum width of 20 feet for its entire depth, and the depth or length of the flagpole shall not exceed 450 feet.

(d) As a condition of approval for a flag lot, an encroachment permit must be obtained from the appropriate agency governing access, and an access easement agreement for shared access between the owner of the flag lot and the lot from which the flag lot was created is recorded in the Office of the County Register of Mesne Conveyance.

(e) Dwelling groups on flag lots shall meet the requirements of this chapter.

(Ord. 2012-06, § 8.7, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.309 TREE PRESERVATION; GRAND TREES.

(A) Definition. For this and all sections regarding the protection of GRAND TREES, the meaning shall be for all trees except pine and sweet gum having a diameter at breast height of 18 inches or greater.

(B) Tree surveys. Tree surveys shall comply with the following.

(1) Lots within subdivisions shall be laid out and designed to provide a buildable area on each lot that does not require the removal of grand tree.

(2) Tree protection standards are described in §§ 153.330 through 153.341 of this code.

(3) Tree surveys on lots of one acre or less are to include grand trees on the entire lot. Tree surveys of grand trees may be requested upon site inspection if lots greater than one acre appear to be unbuildable due to the presence of grand trees.

(4) Tree surveys of all grand trees are required within access easements, drainage easements, and rights-of-way.

(Ord. 2012-06, § 8.8, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013; Ord. 2024-04, passed 6-20-2024)

§ 153.310 TREES AND SHRUBS; SETBACK FROM PAVEMENT.

(A) Minimum offset of trees and shrubs from road pavement. Trees and shrubs shall be set back from street and road pavement in accordance with the following minimum requirements:

		Offset from Edge of Pavement (feet)
Roadside Feature	Speed (mph)	Canopy Trees	Understory Trees/Shrubs Behind Guard Rail
All curbs	40 and less	5*	3*
	45 to 50	8*	5*
	55 and greater	12*	5*
Guide rail	All	5*	3*
Open shoulder	40 and less	10	5
	45 to 50	15	7
	55 and greater	20	10
*Tree limbs hanging below 15 feet in height shall be trimmed so that they do not encroach beyond the back of the curb. Provided approval by the town and a permit is obtained.
Minimum overhead clearance of 14 feet should be maintained for safe passage. When a barrier curb or guide rail exists, off set is measured from the face of the curb or guide rail to the face of the tree at ground level.

(B) Understory trees. Understory trees may be located five feet from the edge of pavement with the approval of the Zoning Administrator and Public Works Director.

(Ord. 2012-06, § 8.9, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.311 PEDESTRIAN WAYS.

(A) Where required. Pedestrian ways shall be provided in all major subdivisions within the urban and suburban area of the town. If development characteristics warrant, the Zoning Administrator may waive this requirement for any portion of the proposed subdivision. Requests for such waivers shall be submitted along with written justification to the Zoning Administrator for approval.

(B) Placement. Paved pedestrian ways within publicly dedicated rights-of-way shall conform to the construction details for paved sidewalks contained in the town’s road construction standards, Appendix A of Ordinance 2012-06, as amended. Unpaved, alternative surface walkways that are not within a right-of-way or drainage easement and bike trails or walking trails that are designed to connect neighborhoods and provide access to common areas may be provided when approved by the Zoning Administrator.

(Ord. 2012-06, § 8.10, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.312 STREET NAMES; STREET NAME SIGNS; ADDRESSES.

(A) Street names. No street names shall be used that will duplicate or be confused with the names of existing streets. Street names proposed by the applicant shall be approved by the Zoning Administrator.

(B) Street name signs. Street name signs shall be installed by the development in accordance with the town’s road construction standards in Appendix A of Ordinance 2012-06, as amended.

(C) Effect of subdivision on existing addresses and/or street names. The process of subdividing property and/or creating access to a lot(s) may affect the addresses on the subject property and/or adjacent properties and may affect the names of roads and/or easements. It is the responsibility of the applicant to ascertain from the Planning/Zoning Department and County Consolidated Dispatch Center (CDC) if the proposed subdivision will impact addresses or road/easement names and comply the following requirements prior to final plat approval.

(1) If the proposed subdivision will affect addresses on the subject property and/or adjacent properties, the applicant must submit affidavits signed by all owners of all affected properties stating they are aware of the pending address changes and understand that their addresses will be changed by the CDC following approval and recording of the proposed subdivision.

(2) If the proposed subdivision requires roads or easements to be named or renamed, the applicant must work with affected property owners to file a road name/name change petition, along with a plat showing the proposed location of the road/easement to be named/renamed, with the CDC for review/approval. Upon approval of a name by the CDC, the applicant shall submit to the Planning/Zoning Department a revised plat showing the road/easement name in the location along with the road name/name change petition and CDC approval documentation. If such road naming/renaming results in the changing of address changes, the requirements of division (C)(1) above shall apply.

(Ord. 2012-06, § 8.11, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.313 UNDERGROUND UTILITIES AND SERVICES.

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

(Ord. 2012-06, § 8.12, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.314 WATER SUPPLY AND SEWAGE DISPOSAL.

In accordance with State Department of Health and Environmental Control (DHEC) regulations, all subdivisions shall be served by approved public water and sewer systems, (if accessible for connection), public water and sewer lateral connection are provided to each lot, or if in the opinion of DHEC, the public’s health and the environment would best be protected by the installation of such systems. Where public sewer is not available, all new lots must meet minimum soil requirements established by DHEC for the installation of an individual on-site wastewater system. This provision shall not be interpreted to require that subdivisions be annexed in order to obtain public water or sewer service. All new lots created are to have a means of wastewater disposal, either by individual wastewater systems or physical sewer lateral connection to each lot.

(Ord. 2012-06, § 8.13, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)

§ 153.315 MAINTENANCE GUARANTEES.

Street and storm water management/drainage systems that are to be dedicated to the town for public maintenance shall be under warranty for all defects and failures for a period of two years. Prior to final plat approval, the developer shall provide written verification of financial responsibility for the correction of any defects and/or failures in those related improvements that will be dedicated to the town. The warranty (minimum 10% of the construction costs) shall be in an amount satisfactory to the Public Works Director and effective for a period of two years from the date of acceptance by the Town Council. The financial warranty shall be in the form of a no-contest, irrevocable bank letter of credit, a performance and payment bond, underwritten by an acceptable state licensed corporate surety, or a cashier’s check. Payment is subject to Town Attorney approval of the guarantee to determine that the interests of the town are fully protected, except when a cashier’s check is utilized, opinion of counsel may be waived. The Public Works Director shall identify defects not considered to be a public safety issue and notify the developer of such defects. The developer shall then have 30 days to prepare a schedule of corrective actions and begin such corrective actions. If not completed within the approved schedule, the Public Works Director shall make the repairs and bill the bonding company. Public safety defects shall be addressed immediately by the Public Works Director, with reimbursement from the bonding company. The town is not required to accept for maintenance any road, street, or drainage element.

(Ord. 2012-06, § 8.14, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)