A "Planned Development," as defined by the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, as amended, Code of Laws of South Carolina, Title 6, Chapter 29, is a type of zoning district (PD) and a type of development plan. PD zoning districts are inextricably linked to Planned Development plans, in that no rights of development apply to a PD zoning designation other than those of the approved Planned Development plan.

The PD, Planned Development, district regulations of this article are intended to encourage innovative land planning and site design that ensures natural resource and environmental protection, high-quality appearance, open space preservation, the provision of amenities and other town goals by:

1. Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designated primarily for development on individual lots;
2. Allowing greater freedom in selecting the means to provide access, light, open space and design amenities; and
3. Promoting quality design and environmentally sensitive development by allowing development to take advantage of special site characteristics, locations and land use arrangements.

By allowing more flexibility than base zoning districts, the PD district is intended to result in:

1. Greater choice in the type of environment and living units available to the public;
2. More open space;
3. A creative approach to the use of land and related physical development;
4. An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs; and
5. Implementation of the Comprehensive Plan.

The minimum site area for a Planned Development shall be one acre.

The maximum density of a proposed Planned Development shall not exceed the maximum density of the base zoning district.

This procedure involves a pre-application conference and approval of a PD development plan and PD zoning map amendment.

1. Pre-Application Conference: Before submitting a PD Development Plan for a Planned Development, the applicant shall confer with the Planning Director and any other officials designated by the Planning Director. The purpose of this pre-application conference is to discuss the proposal and the applicable development review and approval procedures.
2. PD Development Plan:
   1. Application: After the required pre-application conference, a complete application for PD Development Plan approval must be submitted to the Planning Director on a form established by the Planning Director including an approved and recorded plat showing the current property lines of the property/properties to be included in the planned development, a current recorded deed, and all applicable fees. The PD Development Plan application shall include the requested Planned Development Stipulations and Sketch Plan. The Sketch Plan shall be drawn to scale.
      1. The following shall be included in the requested Planned Development Stipulations:
         1. The name of the planned development, not duplicating the name of any other planned development or subdivision, the final plat of which has been recorded in Charleston County, South Carolina;
         2. A statement of objectives of the proposed development;
         3. The total acreage of the planned development, broken down into total acreage, total highland acreage, total freshwater wetland acreage, and total Critical Line wetland, or marsh, acreage;
         4. A table of proposed land uses including:
            1. A table of proposed maximum and average residential densities for each residential use;
            2. The maximum total acreage of each residential use;
            3. The maximum allowable number of each type of residential unit requested;
            4. The maximum proposed floor area ratios (% of lot in relation to building floor area), and the maximum building/lot coverage for each non-residential use; and
            5. All dimensional and lot standards requested, for each land use type designated.
         5. An analysis of the impact of the proposed development on existing public facilities and services (e.g. roads and streets, water, sewer, etc.). Any proposed future improvements to these facilities and services to be made as part of the planned development shall also be included;
         6. A traffic study, if required by Planning Commission and/or Council;
         7. A development schedule with a generalized phasing schedule, if appropriate. The phasing schedule shall include the number of dwelling units, total acreage of each residential use, total gross floor area of each non-residential use, and percentage and acreage of common open space to be included in each phase;
         8. A statement indicating how any common open space/recreation areas will be owned or managed;
         9. A statement indicating how all roads and alleys will be owned and maintained;
         10. A statement of inclusion and compliance with processes included in the Town of Meggett Zoning and Land Development Regulations that are not mentioned in the planned development stipulations;
         11. A statement of agreement to proceed with proposed development in accordance with the provisions of these zoning regulations, applicable provisions of the Town of Meggett Comprehensive Plan, and with such conditions as may be attached to any rezoning to the applicable PD district;
         12. A statement that the provisions of Article 10.24, Variances Authorized, of this Ordinance shall not apply to the planned development and that all major changes to the planned development must be approved by Town Council. Tree variances may be granted in accordance with this Article and all other sections of this Ordinance;
         13. Letters of coordination from all agencies from which the applicant must either (1) obtain permits or (2) obtain services and/or facilities; and
         14. Any other information that the Planning Director determines is necessary to determine whether the application complies with the standards established in this Article.
      2. The following shall be included on the requested Sketch Plan. Multiple Sketch Plans may be submitted. Sketch Plans shall be drawn to scale.
         1. The general location and amount of land proposed for each land use including single family residential, multi-family residential, institutional, office, commercial, industrial, common open space/recreation, street use, etc.;
         2. Conceptual lot lines;
         3. Pedestrian and motor traffic circulation;
         4. Location, acreage, and type (freshwater or Critical Line/marsh) of all wetlands as they exist prior to development. The location and acreage of all freshwater wetlands to be developed upon shall be indicated;
         5. A tree survey to include all Grand trees (Live Oak Trees 24 inches or greater DBH) on residential lots of one acre or less and in road rights-of-way and easements. Tree surveys for non-residential uses shall conform with the standards of this Ordinance;
         6. Architectural elevations for each type of residential and nonresidential unit;
         7. The general location, size, and capacity of all existing and proposed water and sewer lines, other means of waste disposal and water provision;
         8. Areas to be included in each phase of development, including the location of all common open space areas to be included in each phase;
         9. The location of all construction entrances;
         10. A Landscaping Sketch Plan including the location and composition of all screening and buffering materials;
         11. Any other information that the Planning Director determines is necessary to determine whether the application complies with the standards established in this Article.
   2. Public Hearing Notice: Newspaper, Neighbor, Parties in Interest, and Posted notice of the Town Council's public hearing shall be provided in accordance with the requirements of this Ordinance.
   3. Planning Director Review and Report: The Planning Director shall prepare a staff report that reviews the PD Development Plan application in light of the underlying zoning district standards contained in this Ordinance, and all other applicable development standards and planning policies.
   4. Planning Commission Review and Recommendation: The Planning Commission shall review the proposed PD Development Plan and adopt a resolution, by majority vote of the entire membership, recommending that the Town Council approve, approve with conditions or deny the proposed development plan. The Planning Commission's recommendation shall be based on the Approval Criteria of Section 15.6.B.6. The Planning Commission shall submit its recommendation to the Town Council within 30 calendar days of the Planning Commission meeting at which the PD Development Plan was introduced.
      At any time prior to action by the Planning Commission, the applicant 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 and the Planning Director shall represent the Planning Staff. A majority vote of the entire Planning Commission membership in a public meeting shall be required to accept any mediated settlement. An accepted mediated settlement cannot waive the standards of this Ordinance. 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.
   5. Town Council Hearing and Decision: After receiving the recommendation of the Planning Commission, the Town Council shall hold at least 1 public hearing, and any time after the close of the public hearing, take action to approve, approve with conditions or deny the proposed PD Development Plan based on the Approval Criteria of Section 15.6.B.6. If the Town Council takes action to approve the PD Development Plan, it may establish required time-frames for development of the entire Planned Development and its individual phases, if any.
   6. Approval Criteria: Applications for PD Development Plan approval may be approved only if the Town Council determines that the following criteria are met:
      1. The PD Development Plan complies with the standards contained in this Ordinance;
      2. The development is consistent with the Comprehensive Plan and other adopted policy documents; and
      3. The Town and other agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed.

Approved PDs shall be indicated on the official zoning map.

Unless expressly stated in this section or approved at the time of a Planned Development approval, all applicable standards of this Ordinance shall apply to development within a Planned Development. Planned Developments may provide for variations from other ordinances and the regulations of other established zoning districts concerning use, setbacks, lot area, bulk and other requirements to accommodate flexibility in the arrangement of uses for the general purpose of promoting and protecting the public health, safety, and general welfare.

All planned developments shall contain a minimum of 0.2 acres of common open space per dwelling unit plus 10% of the land area designated for office, commercial, and/or industrial uses.

1. Common open space area shall be located to preserve any significant resources. Where common open space is designated, the following standards shall apply:
   1. The common open space area shall be detailed on each Sketch Plan and recorded with the Final Plat or separate instrument.
   2. The proposed common open space shall be usable and appropriate to the size of the development and to the new residents of the planned development. The purpose of common open space is to permit areas, which could otherwise be developed into buildable lots or otherwise sold individually, to provide a significant amenity to the residents who will interact with the open space on a daily basis. It is not the purpose of common open space to permit open space for land that is otherwise unusable on a daily basis by residents. Common open space may include unimproved land, landscaped areas, improved recreation areas, recreational buildings, and structures that are totally accessory to recreational uses, all located within the development. Natural landscapes, may also be considered as open space if preserved and meet the requirements of subsection C below. "Usable" means that the open space includes uses or facilities that are adaptable to recreational or leisure use and are accessible to the residents of the proposed development or the general public, such as seating areas, picnic shelter, community garden, pedestrian and bicycle trail access to a designated greenway, public square, swimming pools, playing fields, or a new playground. The use or facility must be approved by Town Council in accordance with the approval and conveyance procedures below.
   3. The total combined acreage of freshwater wetlands, detention ponds, buffers, and utility easements to be used as common open space shall not comprise more than forty percent (40%) of the common open space requirement as stated in this Section.
   4. Land designated as common open space shall not be occupied by streets, drives, parking areas, or structures, other than recreational structures.
   5. All property owners in the planned development shall have access to the open space by means of a public or private street or walkway in an easement a minimum of 20 feet in width.
   6. Common open space shall be provided within each phase of the planned development in sufficient amounts to serve the expected population of that phase.
   7. The common open space shall be conveyed prior to recording the final plat, in accordance with one of the methods listed below. The applicant must have proof of commitment from the entity that will be responsible for the common open space prior to the Planning Commission Meeting for which the case is scheduled.
      1. By dedication to the Town as publicly-owned open space. Parks, open space, and recreation facilities proposed for dedication to the Town must be acceptable to the Planning Commission, Town Council, and other governmental entities with regard to the size, shape, location, improvement, environmental condition (i.e., the applicant may be required to provide an environmental assessment), and budgetary and maintenance terms; or
      2. By leasing, conveying, or retaining title (including beneficial ownership) to a corporation, homeowner's association or other legal entity. The terms of such lease of other instrument of conveyance must restrict the use of the area to open space/recreational uses.