This chapter shall be known as the Land Development Regulations of the town.

('81 Code, § 154.01) (Ord. passed 6-9-92; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02045, passed 7-9-02))

   This chapter was prepared in pursuance of authority conferred by the S.C. Code of 1976, Title 6, Chapter 7. The provisions set forth herein shall apply throughout the incorporated areas of the town.

('81 Code, § 154.02) (Ord. passed 6-9-92; Am. Ord. 02045, passed 7-9-02)

   The public health, safety, economy, good order, appearance, convenience, morals, and general welfare require the harmonious, orderly, and progressive development of land within the municipalities of the state. In furtherance of this general intent, the regulation of the land development is authorized for the following purposes, among others:

   (A)   To encourage the development of economically sound and stable municipalities and counties.

   (B)   To assure the timely provisions of required streets, utilities, and other facilities and services to new land developments;

   (C)   To assure the adequate provision of safe and convenient traffic access circulation, both vehicular and pedestrian, in and through new land developments;

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

   (E)   To assure, in general, the wise and timely development of new areas, and redevelopment of previously developed areas in harmony with the comprehensive plans of municipalities and counties.

('81 Code, § 154.03) (Ord. passed 6-9-92; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02045, passed 7-9-02)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADMINISTRATIVE OFFICER. The Director of Engineering and Development Services.

   METES AND BOUNDS. A system of describing and identifying land by measure and direction, bearing and distances, from an identifiable point of reference, such as a monument or other marker, to another marker.

      (1)   Public street. Vehicular way deeded to and accepted by the governing authority for perpetual maintenance, and includes:

         •   Highways and thoroughfares. Streets designed primarily to move large volumes of traffic and that provide for the movement of traffic;

         •   Collector street. A street used to collect and distribute medium traffic volumes between origin and destination points. Principal entrance and circulation streets of subdivisions also are classified as collectors; and

         •   Minor street. A street primarily used for abutting properties.

      (2)   Private street. Vehicular way held in private or corporate ownership, and one which is ineligible for public expenditures and/or public maintenance, and includes:

         •   Alley. An improved private right- of-way used primarily as a secondary means of access to the side or rear of properties whose principal frontage is on another street.

      (1)   Combining or recombining portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the ordinance standards.

      (2)   Dividing land into parcels of five acres or more where a new street is involved. The Planning Commission must receive plats of these exceptions as information and indicate that fact on the plats.

      (3)   Combining or recording entire lots of record where no new street or change in existing streets is involved.

('81 Code, §154.04) (Ord. passed 6-9-92; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 14047, passed 8-12-14; Am. Ord. 16038, passed 6-15-16; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

      (1)   Finished surfaces in all cases shall conform to cross sections, dimensions, and grades shown on the approved plans.

      (2)   Deviations from the plans.

         (a)   Any major deviations from the plans during construction or otherwise shall, in all cases, be approved by the Director of Engineering and Development Services, or his or her designee, and authorized, in writing, prior to the construction of all deviations.

         (b)   Minor variations may be made and shown on the as-built plans.

      (3)   Drainage systems in all cases shall conform to cross sections, dimensions, erosion control, and grades as shown on the approved plans.

       (4)   The developer shall furnish the services of a licensed professional to prepare the necessary plats, analyses and plans for ascertaining whether or not the work performed and materials used in conjunction with the public streets are in accordance with the requirements and intent of these specifications.

         (a)   Any work done or materials used without supervision or inspection of the licensed professional or his or her representatives may be ordered removed and replaced at the developer's expense.

         (b)   Failure to reject any defective work or material shall not in any way prevent later rejection, when such defect is discovered.

         (c)   Final inspection and acceptance of streets will be made by the Director of Planning and Development, or his or her designee, prior to approval.

   (C)   Responsibility of developer.

      (1)   The developer and contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notice necessary and incident to the due and lawful prosecution of the work.

      (2)   The developer shall at all times conduct the work in such a manner to:

         (a)   Provide for and insure the safety and convenience of the traveling public and of the residents along and adjacent to the streets or roads; and

         (b)   Offer the least practicable obstruction to the flow of traffic.

      (3)   The developer and contractor shall assume their responsibilities to the public, or particularly that portion of the public that patronizes or abuts his or her development, and the developer and contractor shall at no time relinquish such responsibility by inferring that the responsibility lies with the municipality of any other organization.

      (4)   Safeguarding the work.

         (a)   The developer shall provide, erect, and maintain in good condition, all necessary barricades, suitable and sufficient lights, danger signals, and other signs and take all necessary precautions for the protection and safety of the workers, contractors, the public and others in conformance with the Uniform Manual of Traffic Safety, federal, state, and local safety codes and regulations.

         (b)   The developer shall indemnify agents, and employees from all suits or claims of any character brought because of injuries or damages received or sustained by any person or property on account of operations of the developer; or on account of or in consequence of any neglect in safeguarding the work; or because of any act of omission, neglect, or misconduct of the developer or contractor.

   (D)   Acceptance of dedication and maintenance of improvements.

      (1)   The dedication of public space, parks, right-of-way, easements, or the like on the plat shall not constitute an acceptance of the dedication by the town.

      (2)   The acceptance of the dedication shall be indicated by the recording of appropriate legal documents.

('81 Code, Art. III intro, and §§156.004, 156.006 and 156.017) (Ord. passed 6-9-92; Am. Ord. 00035, passed 7-11-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (A)   The following steps describe the procedure for obtaining approval of land subdivision within the town, except as otherwise permitted in § 155.028.

   (B)   The procedure includes:

      (1)   Submission and review of a Sketch Plan;

      (2)   Submission, review, and approval of a Preliminary Plat;

      (3)   Submission, review, and approval of a Final Plat; and

      (4)   Recording of a Final Plat.

   (C)   Step 2 shall be completed prior to clearing, grading or making any other street or other improvements, or installing any utilities.

   (D)   Step 3 shall be completed prior to building construction and/or sale or transfer of any lots within the subdivision, unless otherwise authorized by the Town.

('81 Code, Art. II intro) (Ord. passed 6-9-92; Am. Ord. 00063, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16)

   (A)   A Sketch Plan submittal shall be required prior to the filing of a Preliminary Plat.

   (B)   The purpose of the Sketch Plan is to assist the Subdivider prior to extensive engineering work necessary for the preparation of a Preliminary Plat and Final Plat as required herein.

      (1)   An Applicant shall prepare and submit a Sketch Plan for Preliminary Staff Review on or before the deadline date specified on the Annual Meeting Schedule.

      (2)   Incomplete submittals shall be returned to the Applicant without acceptance by the Town for review.

      (3)   Department of Planning and Development staff shall review the Sketch Plan and provide written comments to the Applicant prior to the next Planning Commission application deadline. Staff shall also schedule a meeting with the Applicant to review these written comments, with such meeting to occur prior to the next Planning Commission application deadline.

      (1)   Following the staff review, the Applicant shall submit the Sketch Plan to the Planning Commission, via the Department of Planning, Land Use, and Neighborhoods, on or before the deadline date specified on the Annual Meeting Schedule.

      (2)   The Sketch Plan shall be accompanied by an application fee, as determined by Town Council and set forth on the Department of Planning and Development Fee Schedule.

      (3)   Incomplete submittals shall be returned to the Applicant without acceptance by the Town for review.

      (4)   The Planning Commission shall review and act upon the Sketch Plan within 60 days of the date on which it is scheduled or eligible to be considered.

         (a)   If no action is taken by the Commission within this time, the Sketch Plan shall be deemed to have been approved.

         (b)   The 60-day time limit may be extended by mutual agreement of the affected parties.

      (5)   The Planning Commission shall either approve, conditionally approve, or disapprove the Sketch Plan.

         (a)   If the Sketch Plan is conditionally approved or disapproved, the reasons for such action shall be stated in the Planning Commission’s motion for the record.

         (b)   With a conditional approval, the Planning Commission may require the Applicant to resubmit the Sketch Plan to the Commission with all recommended changes before approval is effective.

         (c)   Planning Commission approval or conditional approval of a Sketch Plan shall be vested for a period of two years, subject to the rights and restrictions contained within Chapter 156.

('81 Code, §154.10) (Ord. passed 6-9-92; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 02068, passed 1-14-03; Am. Ord. 05035, passed 6-14-05; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (A)   The Sketch Plan shall be legibly drawn to scale.

   (B)   Said Sketch Plan shall include, at a minimum, the information listed in the Sketch Plan Approval Checklist provided by the Department of Engineering and Development Services, as may be amended from time to time.

('81 Code, §154.20) (Ord. passed 6-9-92; Am. Ord. 99012, passed 4-21-99; Am. Ord. 00052, passed 9-12-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (A)   The Subdivider shall prepare and submit Preliminary Plat, construction drawings, and a drainage report to the Department of Engineering and Development Services, for the purpose of determining adherence of the subdivision to the approved Sketch Plan, relevant design standards, and improvement requirements.

      (1)   An Applicant shall prepare and submit a Preliminary Plat on or before the deadline date specified on the Annual Meeting Schedule.

      (2)   Incomplete submittals shall be returned to the Applicant without acceptance by the Town for review.

      (3)   The following are required to be included with the application and Preliminary Plat materials:

         (a)   Application fee; and

         (b)   Inspecting services fee.

      (1)   Staff shall review and act upon the Preliminary Plat within 60 days of the date of receipt of the complete submittal. If no action is taken by staff within this time, the Preliminary Plat shall be deemed to have been approved.

      (2)   The 60-day time limit may be extended by mutual agreement of the affected parties.

   (C)   Staff shall either approve, conditionally approve, or disapprove the plat.

      (1)   If the Preliminary Plat is conditionally approved or disapproved, the reasons for such action shall be provided, in writing, by the Director of Engineering and Development Services, or his or her designee.

      (2)   On approval with conditions, the staff may require the Subdivider to resubmit the Preliminary Plat with all required changes before approval is effective.

   (D)   Approval of the Preliminary Plat does not constitute final approval.

      (1)   Preliminary Plat approval shall be authorization for the Subdivider to proceed with:

         (a)   The installation of the site improvements;

         (b)   The marking of lots and easements; and

         (c)   The preparation of the Final Plat.

      (2)   However, Preliminary Plat approval shall not authorize the sale or transfer of lots.

      (3)   Preliminary Plats shall be vested for a period of two years, subject to the rights and restrictions contained within Chapter 156.

      (1)   Submittal of the appeal shall be made no later than 15 days after the decision for approval has been rendered, and shall be accompanied by a written explanation of the basis of the appeal.

      (2)   Failure to meet the filing deadline shall be considered a waiver of the right to appeal.

      (3)   The Commission shall act upon the appeal request within 60 days of the meeting at which the request is scheduled to be considered, which shall be the next meeting for which the normal 28-day application deadline can be met.

      (4)   The decision of the Commission shall be final.

      (5)   An appeal from the decision of the Commission may be taken to Circuit Court within 30 days after actual notice of the decision.

('81 Code, §154.11) (Ord. passed 6-9-92; Am. Ord. 99020, passed 7-13-99; Am. Ord. 00063, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 05035, passed 6-14-05: Am. Ord. 10071, passed 12-14-10; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (B)    Said Preliminary Plat shall include, at a minimum, the information listed in the Preliminary Plat Application Checklist provided by the Department of Engineering and Development Services, as may be amended from time to time.

('81 Code, §154.21) (Ord. passed 6-9-92; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

      (1)   The Final Plat shall include, at a minimum, the information listed in the Final Plat Application Checklist provided by the Department of Engineering and Development Services, as may be amended from time to time.

      (2)   Final Plat approval shall not be considered until all required on-site improvements have been completed, inspected, and approved by the proper officials, all fees paid, and a complete submittal package containing all documentation required by this chapter has been received by the Town.

      (3)   Partial submittals shall not be accepted.

      (1)   If the Final Plat is disapproved, the reasons for such action shall be provided, in writing, by the Director of the Department of Engineering and Development Services, or his or her designee.

      (2)   If applicable, any modification required by staff after Preliminary Plat review, as a prerequisite to approval of the Final Plat, shall be noted on the Final Plat.

      (2)    The agreement shall be submitted to the Director of the Department of Engineering and Development Services, or his or her designee.

('81 Code, §§154.12, 156.013 and 156.016) (Ord. passed 6-9-92; Am. Ord. 97001, passed 2-11-97; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (A)    Application for Final Plat approval shall be made in the Department of Engineering and Development Services, and shall include such information as set forth in the Final Plat Application Checklist provided by the Department of Engineering and Development Services, as may be amended from time to time.

   (B)    The Final Plat shall meet the requirements of the Charleston County ROD Office for recording, and shall be submitted at a scale of one inch equals 100 feet or larger.

('81 Code, §154.22) (Ord. passed 6-9-92; Am. Ord. 02045, 7-11-02; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (B)   (1)    Recording of the Final Plat shall constitute an irrevocable offer to deed all streets and other public ways shown thereon to the Town (unless a notation stating that there is no offer of dedication of certain designated streets is placed on the plat by the Subdivider and approved by the Director of the Department of Engineering and Development Services, or his or her designee), and to dedicate, deed, or reserve, as specified by the Director, all park reservations, school sites, and other such areas to the public use.

('81 Code, §154.13) (Ord. passed 6-9-92; Am. Ord. 2045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

    In the case of any proposed subdivision that involves minimal or no street construction or dedication of street rights-of-way, the following procedures may be followed to obtain review and approval of the plan. At the discretion of the Director of the Department of Engineering and Development Services, or his or her designee, this exception may not apply when there are extenuating circumstances warranting review of the proposed subdivision by the Planning Commission. In such case, the procedure specified in  § 155.020 shall apply.

   (A)   The Subdivider shall submit one paper copy of a Preliminary Plat, along with the other reports, documents, plans, and fees, as stated in §§ 155.023 and 155.025 of this chapter, t o the Director of the Department of Engineering and Development Services, or his or her designee, who within 15 business days thereafter shall notify the Subdivider of any additions or modifications to the plat that may be necessary to comply with the standards of this chapter.

   (B)    Following notification from the Director of the Department of Engineering and Development Services, or his or her designee, the Subdivider shall then proceed with site development, marking of lots, easements and buffers, and preparation of a Final Plat.

('81 Code, §154.14) (Ord. passed 6-9-92; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

      (2)    All other submittal requirements are as stated in § 156.054 of the Zoning Code, and contained in the Impact Assessment Application Checklist, the requirements of which shall be compiled by Department of Engineering and Development Services staff, and may be subject to alteration from time to time, as deemed necessary.

('81 Code, §154.16) (Ord. passed 6-9-92; Am. Ord. 2045, passed 7-9-02; Am. Ord. 11050, passed 7-12-11; Am. Ord. 14047, passed 8-12-14; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (A)    Approval by the Director of the Department of Engineering and Development Services, or his or her designee, of the Final Plat for recording shall be withheld unless and until the Subdivider has installed the required improvements as specified.

   (C)   (1)    If exigencies of construction necessitate major changes in the approved plans and specifications, the Subdivider shall request approval of such changes by the Planning Commission or Department of Engineering and Development Services staff, as applicable, prior to undertaking such changes.

      (2)   Minor changes may be made by the design professional and noted on the final plans as submitted to the Town.

('81 Code, §154.40) (Ord. passed 6-9-92; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

         (c)    If the names of existing streets occur, the Planning, Land Use, and Neighborhoods and Development Department shall require the subdivider to substitute names free from duplication or confusion.

         (d)   The Planning, Land Use, and Neighborhoods and Development Department shall maintain an up-to-date file of all street names in use east of the Cooper River, and make such information available for guidance of subdividers.

            2.    The developer shall notify the Director of the Department of Engineering and Development Services, or his or her designee, of the change in writing; and

            3.   A new named professional shall certify the remaining work done.

      (6)   All observations by the professional shall be logged, and a copy of the log shall be provided at the time of request for acceptance of the work by the town.

      (7)   As-built plans, as referenced in § 155.026(A)(2), shall be furnished to the Director of the Department of Engineering and Development Services, or his or her designee, upon completion of the work prior to final acceptance.

         (b)    Field and laboratory test results shall be furnished to the town in accordance with the requirements provided by the Director of the Department of Engineering and Development Services, or his or her designee.

         (c)    Pavement designs may be provided with soil tests to demonstrate less wearing course thickness, if approved by Department of Engineering and Development Services.

 

 

         (c)    The utilization of mast arm type supports pursuant to the preceding requirements shall apply to all projects, including those resulting from private development and projects of public entities.

      (21)   Street trees. The planting of street trees can provide innumerable benefits relative to the visual quality and health of the built environment, but may also result in damage to expensive public infrastructure as they mature. Therefore, a balanced approach to their installation is required to secure their benefits and to limit their detrimental effects. In light of these factors, street trees may be planted within the public street right-of-way in accordance with the following design standards. (Note that these provisions apply to the construction of new streets.)

         (a)   Minimum right-of-way width in which street trees are planted shall be 60 feet.

         (b)   Minimum horizontal distance between edge of pavement, back of curb or sidewalk, and the centerline of the planted tree shall be five feet; the effect of which is to create a suitable “verge” or planting strip for the trees.

      (c)   An approved root-barrier treatment shall be included in the street tree planting to protect the roadway and/or sidewalk from future root damage. This treatment may be in spot locations if design plans are sufficiently detailed to allow this, or may be along an entire street segment. If street trees are provided, the appropriate treatment shall be indicated on the approved construction plans for new streets.

      (d)   Utility easement location. The location of utility easements shall not conflict with these provisions. It will be the responsibility of the civil engineering design professional to coordinate this function with the utility provider.

('81 Code, §§ 154.32 154.33, 154.42, 155.94, 156.001 -156.003, 156.008 - 156.010) (Ord. passed 8-13-79; Am. Ord. passed 6-9-92; Am. Ord. passed 2-9-93; Am. Ord. 95012, passed 4-11-95; Am. Ord. 99012, passed 4-21-99; Am. Ord. 00063, passed 1-9-01; Am. Ord. 00064, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 06027, passed 5-10-06; Am. Ord. 09088, passed 1-13-10; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16038, passed 6-15-16; Am. Ord. 16082, passed 10-11-16; Am. Ord. 19029, passed 5-14-19; Am. Ord. 21041, passed 5-11-21; Am. Ord. 23016, passed 5-9-23) Penalty, see § 155.999

      (1)    Drainage easements shall not be altered after Final Plat approval unless approved by the Director of the Department of Engineering and Development Services, or his or her designee.

      (2)    The Director of the Department of Engineering and Development Services, or his or her designee, is authorized to assess alterations made to drainage easements.

('81 Code, §154.34) (Ord. passed 6-9-92; Am. Ord. 93066, passed 2-8-94; Am. Ord. 00056, passed 11-14-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

      (1)   Design and construction standards.

         (a)   Drainage systems shall be designed and constructed by the Subdivider/developer consistent with the design principals and standards contained herein and established by SCDHEC- OCRM.

         (b)   Drainage systems in all cases shall conform to cross sections, dimensions, erosion control measures and grades as shown on the approved construction plans.

      (2)   The off-street drainage system shall include the watershed affecting the subdivision, and shall be extended to a natural watercourse or publicly maintained drainage facility that is adequate to receive the storm drainage.

      (3)   Where adequate existing public storm sewers are reasonably accessible as determined by the Director of the Department of Engineering and Development Services, or his or her designee, require that the system proposed for the land being subdivided be connected thereto.

      (4)   Detention/retention ponds, lakes, and the like.

         (a)   Where detention/retention ponds, lakes, and the like are incorporated as part of the drainage system, the designing engineer shall designate a minimum floor elevation.

         (b)   The minimum elevation shall be such that flooding shall not result from a 100-year flood and in accordance with the town's Flood Damage Prevention Chapter.

      (5)   Ditches.

         (a)   Open drainage ditches (a ditch is a waterway with side slopes 3:1 or steeper) shall not be permitted in the town.

         (b)   Existing ditches above the OCRM critical line shall be piped, filled, and regraded, when required by the Planning Commission based upon staff's recommendation.

      (6)   The Subdivider/developer shall be responsible for providing positive drainage for each lot individually as a part of the project development.

         (a)   Individual lot drainage shall be detailed on the construction plans and shall include, but not be limited to, yard drains for lawn areas, side and rear yard features to include swales and a piped system of inlets and other items necessary for the removal of water from the lot.

         (b)   It is not necessary to provide pad- ready lots during subdivision development.

         (c)   However, positive drainage is required for each lot prior to plat approval.

         (d)   Rear yard pipe systems are required and shall be designed to accommodate ten- year storm events.

         (e)   Inlets shall be designed to minimize debris clogging.

         (f)   To promote responsible land development practices, it shall be unlawful to:

            1.   Place fill along the outer perimeter of any subdivided property;

            2.   Alter the ground above the existing elevation in a manner that solely benefits the stormwater management of the subdivision and directly impacts adjacent properties by way of casting surface water onto or impeding the flow of surface runoff from another property; or

            3.   Place fill or impediments to surface flow within ten feet of any pre-existing perimeter lot line abutting adjacent properties.

            4.   The provisions of this division shall not apply to the following:

               a.   Existing subdivided lots recorded with the Office of the Register of Deeds for Charleston County prior to the date of the adoption of the ordinance enacting this division (Ord. 240004);

               b.   Internal lot lines to the subdivision which conform to a unified grading plan;

               c.   Continuation of a planned development with the same ownership as in a phased development;

               d.   When fill is used to ensure positive flow through a low-lying areas without redirection of the pre-determined flow path; and

               e.   When fill is added to meet minimum road elevation when the design incorporates stormwater management improvements to capture roadway runoff and all offsite runoff to prevent impacts to adjacent properties.

      (7)   Upon application for Preliminary Plat, the applicant shall submit such inspection fee for drainage systems based upon a per linear foot of roadway centerline as may be established by Town Council.

      (8)   Filling, grading, permanent erosion control features, and installation of drainage systems for lots and streets shall be provided prior to Final Plat approval.

      (9)   Prior to the termination of the two-year warranty period, an inspection of the piped drainage systems may be performed by a Town inspection official.

         (a)   This inspection will be to ensure that all piped drainage systems are free and clear of silt, sediment, and trash associated with construction activities prior to acceptance by the Town.

         (b)   Under the Two-Year Warranty included in § 7 of Appendix B, the developer is noted as responsible for maintaining free and clear drainage systems during the warranty period.

         (c)   Therefore, the developer shall be responsible for:

            1.   Maintaining clean drainage systems during the two-year warranty period; and

            2.   All costs associated with cleaning the piped drainage systems.

      (10)   Failure to respond to cleaning requests shall result in the cessation of future phase work until such a time as the drainage system is cleared and accepted by the inspection official.

      (1)   Land subject to flooding.

         (a)   Any plat of a subdivision that contains land subject to flooding shall be accompanied by evidence that no appreciable expansion of the area subject to flooding would result from the proposed development of the land being subdivided, and that the proposed development will be adequately protected from inundation without appreciable interference with the flow of any watercourse or into an impounding basin.

         (b)   All such evidence, including surveys and specifications, shall be submitted with the preliminary plat and no plat shall be approved in the absence thereof.

      (2)   In no case shall any fill, levee, or other protective works be approved unless sufficient compensating adjustments of waterways, ditches, or impounding basins are made to prevent any appreciable expansion of flood hazard areas.

      (3)   Street elevations.

         (a)   No street shall be approved that would be subject to frequent inundation of flooding based on a five-year storm event.

         (b)   The minimum street elevation shall be 6½ feet.

         (c)   Low points in streets shall be designed to accommodate a 50-year flood frequency without stormwater over-topping the curb.

      (4)   Floor and mechanical system elevations.

         (a)   Minimum floor and mechanical system elevations shall be shown on the construction plans and plats for all lots.

         (b)   These elevations shall be either the elevations established by the Flood Damage Prevention Chapter in special flood hazard areas, or the elevations determined by the designer in conjunction with the project development.

      (1)   Every subdivision shall be served by storm drainage facilities, including drain sewers, catch basins, culverts, impoundment ponds, and other facilities required to insure that the waters draining from the developed property, including that drainage from the property in its natural condition and that increased or diverted by reason of the development, shall not be delivered to the area drainage facilities in such volume or rate as to overtax the capacity of the facilities and cause flooding conditions in the event of a 100-year precipitation condition. All such drainage facilities shall be designed and installed in accordance with the regulations of the town.

      (2)   Engineering and construction on any land within the town shall be carried out in such a manner as to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, soil erosion, or deposition upon private property or public streets of water-transported silt and debris.

      (3)   Drainage plans and studies shall be submitted for review by the Department of Engineering and Development Services.

         (a)   These plans and studies shall be prepared by a design professional currently registered to practice in the state, with his or her stamp affixed.

         (b)   Profile for drainage pipes shall be included and will show existing ground line, finished grade, drainage structures, intersecting sanitary sewers and other intersecting underground utilities.

         (c)    Existing and proposed utility lines crossing the storm drain pipe shall be shown in the profile on their proper elevation.

         (d)   Pipes that conflict at crossings shall be adjusted with adequate details included.

         (e)   Grate inlets are not permitted in the right-of way of public streets.

      (2)   A stormwater approval letter from SCDHEC-OCRM shall be submitted to the town before construction approval or a Clearing and Grading Permit will be issued.

      (3)   No project shall receive final approval or acceptance by the town nor will a certificate of occupancy be issued for commercial projects, until such time as a statement is received from the project engineer certifying that construction is complete and in accordance with approved plans.

      (1)   Piped drainage systems and culverts.

         (a)   Piped collection systems for public streets (catch basins, inlets, cross drains, and longitudinal piping) shall be designed for the ten-year frequency storm event.

            1.   Catch basins and inlets shall be spaced so that the spread in the street for the design flow shall not exceed eight feet.

            2.   A check should be made at all low points to determine and minimize the impacts from less frequent storms.

            3.   All inlets shall be of the curb opening type and low point basins shall have double wings to provide for drainage flow in both directions entering the inlet.

         (b)   Road elevations in A and V zones shall allow passage during a five-year event as a minimum.

         (c)   Design of road culverts.

            1.   Road culverts, for example, pipes carrying storm water under a street or road from one side of the right-of-way to the other, shall be designed for a 100-year frequency flood event.

            2.   The area inundated under these conditions shall be contained within a defined drainage easement.

         (d)   The design flow, acres drained, and the hydraulic grade line for the design flow shall be shown on the plans.

         (e)   Design of pipes and culverts.

            1.   Pipes and culverts should be designed using the methods given in the hydraulic engineering circulars published by the Federal Highway Administration.

            2.   The Burkli-Ziegler and Talbot formulas shall not be used since they have questionable applicability to conditions in the town area.

            3.   All pipe joints shall be wrapped with filter fabric in 18-inch wide sections utilizing, at a minimum, fabric with a mass per unit area of: (English measure) 5.0 ounces per square yard and a thickness of 60 mils or (metric measure) 170.0 grams per square meter and a thickness of 1.5 millimeters.

         (f)   Energy dissipaters shall be provided, as needed, where excessive velocities occur.

         (g)   Use of reinforced concrete pipes.

            1.   Reinforced concrete pipes shall be used at public street locations and easements designated for maintenance by the town.

            2.   Exceptions may be made by the Director of Planning and Development, or his or her designee, for those not at street locations, provided complete data is submitted.

         (h)   Non-corrosive pipes shall be used at all other locations, subject to a request with complete data as approved/disapproved by the Director of Planning and Development, or his or her designee.

      (2)   Stormwater control facilities.

         (a)   A combination of storage and controlled release of storm water runoff shall be required for all development and construction that create the peak rate of runoff from the site, unless the designer certifies that no downstream damage will occur due to the increase runoff.

         (b)   Certifications are required at the time of approval.

         (c)   The peak release rate of storm water from all developments where detention is required shall not exceed the peak storm water runoff rate from the area in its natural undeveloped state for all intensities up to and including the 100-year frequency.

         (d)   The same methodology must be used for calculating the pre-development and post- development rates of runoff from a site.

         (e)   The “bowstring” method may be used for designing detention facilities for which the drainage area is less than three acres and a factor of two applied to the estimated volume.

         (f)   Reservoir routing techniques shall be used for designing all detention facilities for which the drainage area is three acres or larger.

         (g)   For mosquito control, ponds are to be designed to dry in three days or to contain a minimum permanent depth of 24-inches of water.

         (h)   All stormwater storage facilities within single-family residential subdivisions in the town are to be privately owned and maintained; provided, however, the owner(s) thereof shall grant to the town a perpetual non-exclusive easement that allows for public inspection and emergency repair, in accordance with the terms of a pond maintenance agreement, which is required hereunder and found in § 15 of Appendix B.

('81 Code, §§ 154.36, 154.43, 156.005, 156.011, 156.012) (Ord. passed 6-9-92; Am. Ord. passed 2-9-93; Am. Ord. 93066, passed 2-8-94; Am. Ord. 99012, passed 4-21-99; Am. Ord. 99016, passed 6-8-99; Am. Ord. 00035, passed 7-11-00; Am. Ord. 00063, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 06016, passed 4-12-06; Am. Ord. 07015, passed 6-12-07; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21; Am. Ord. 24004, passed 2-15-24)

      (1)    For both public streets and development projects, inspections of completed site work shall be conducted by a representative of the Director of the Department of Engineering and Development Services, or his or her designee.

          (a)   Reinspection of previously inspected portions of the work shall be made as specified on the latest Department of Engineering and Development Services fee schedule.

         (b)   Reinspection and fees shall be due and payable prior to approval of a Final Plat.

         (c)   Failure to pay such fees as required shall cause the work not to be accepted by the Town.

      (3)   If more than one inspection is made per phase, the fee for each additional phase inspection for the subminimal work shall be as specified on the latest Department of Engineering and Development Services fee schedule.

   (C)   Video inspection by Subdivider/developer. A video inspection of all storm drainage systems shall be performed by the Subdivider/developer prior to issuance of Final Plat and again before the end of the warranty period. The inspection shall be recorded and a copy of the inspection video to include inspection reports shall be delivered to the Director of Engineering and Development Services for review and comment. The video shall be provided on CD/DVD or other electronic delivery system as technology allows. The inspection video and report shall be clearly labeled with the name of the Subdivider/developer, name of the construction project, phase of development , date of inspection(s), and name of inspecting company. The report shall include the sequence of inspection through the drainage system corresponding to the drainage summary on the development’s construction plans.

('81 Code, §§ 156.014 and 156.015) (Ord. passed 6-9-92; Am. Ord. 00035, passed 7-11-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 06016, passed 4-12-06; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21; Am. Ord. 24018, passed 5-16-24)

   (A)   A Greenspace Preservation and Protection Plan shall be provided in accordance with these requirements for all new residential development consisting of five acres and larger. The cumulative acreage of a multi-phased project of five acres and larger shall be subject to these requirements. Additionally, the provisions of this section shall not apply to nonresidential subdivisions or land zoned MF, Multi-family Residential District.

         (a)   The existing vegetation requirements have resulted in the excessive removal of natural vegetation during land development; and

         (b)   To remedy these conditions, an amendment to these regulations is now necessary; and

         (c)   These regulations will include a tree and topographical plan that will form the basis of the arrangement of development on the property, as well as additional areas of preservation to ensure the adequate preservation of natural vegetation along street frontage and internal to the development; and

         (d)   Council now deems these provi- sions are in the best interest of the citizens of the town to accomplish these desires.

            1.   A quantitative and qualitative analysis of the natural attributes of the property shall include the existing grade of the property and the quantity and quality of existing vegetation. A plan shall be submitted enumerating the stated attributes at preliminary staff review and sketch plan application.

            2.   Applicant shall submit a site analysis with the following information:

               a.   Property boundaries.

               b.   Topography showing one-foot contours, ponds, ditches and any other significant natural drainage features.

               c.   Survey of protected trees with:

                  i.   Illustrated protection zones, and

                  ii.   Tree assessment per zoning code requirements.

               d.   Wetland and critical area delineation, with existing buffers, if applicable.

               e.   Existing easements.

               f.   Existing structures, roadbeds and paths.

               a.   A minimum-25-foot-wide, natural and undisturbed buffer shall be provided on collector and entry roads (60 feet or greater right-of-way width).

               b.   In the absence of existing vegetation, replanting is required, based on the density and diversity of the representative sampling of 100 square feet (ten by ten) of existing natural vegetation within close proximity to the subject area, comprised of canopy and understory trees and shrubs.

               c.   Easement treatment. If future utility installation is anticipated, additional area shall be set aside so as not to interfere with the natural and undisturbed buffer. Penetration for utilities should be perpendicular to the buffer and limited to roadway access as a preferred option.

               a.   Percentage required.

                  i.   For developments where the minimum lot size is less than 10,000 square feet, a minimum of 30% of the developable land shall be set aside for internal areas of preservation, although more may be required, based upon site analysis provided by the tree and topographical exhibit. For the purposes described herein, developable land shall not include fresh and saltwater wetlands, retention ponds and rights-of-way.

                  ii.   For developments where the minimum lot size is equal to or greater than 10,000 square feet, a minimum of 20% of the developable land shall be set aside for internal areas of preservation, although more may be required, based upon site analysis provided by the tree and topographical exhibit. For the purposes described herein, developable land shall not include fresh and saltwater wetlands, retention ponds and rights-of-way.

               b.   Minimum dimensional requirements. The minimum dimensional requirement shall be that of the zoning district, and not less in size than the smallest building lot shown on plans or plats.

               c.   Connectivity. Internal areas of preservation shall be integrated amongst the building lots and strategically connected with other greenspace requirements.

               d.   Planting in the absence of existing vegetation shall be in accordance with the provisions of division (A)(3)(b)1.b. above.

               e.   Terraced fill around ponds, wetland areas and buffers is encouraged to meet these requirements.

         (a)   Shall be located on separate lots owned by a homeowners’ association.

         (b)   Canopy trees shall count towards the minimum 160 inches per acre of retained vegetation.

         (c)   Shall remain in an essentially undisturbed condition, except for the following:

            1.   Allowed clearing of an eight-foot-wide corridor for the installation of low-impact physical improvements limited to pervious pedestrian trails and pedestrian benches; and

            2.   One open recreational field per development, no larger than 4,000 square feet to allow for active recreation and neighborhood sports.

         (a)   A Greenspace Preservation and Protection Plan conforming to the requirements contained herein shall be submitted at preliminary staff review and sketch plan application.

         (b)   Staff will review the same for adherence to the stated intent and purpose, with such review forming the basis for a recommendation to the Planning Commission.

         (c)   The Planning Commission shall approve, disapprove or modify the plan as deemed appropriate.

   (B)   An Environmental Standard shall be provided in accordance with these requirements for all nonresidential development as of the effective date March 1, 2023. The 2024 updates shall be effective June 11, 2024. This provision shall apply to nonresidential subdivisions, multi-family residential proposals, HOA amenity centers, utilities and recreational facilities, and any mixed-use developments where parcels are not proposed to be fee-simple residential lots.

         (a)   Future development types and patterns will continue to consist of new commercial, commercial re-development, multi-family, recreational and economic development; and

         (b)   To implement a program to advance the use of low-impact development is in conformance with the town strategic and comprehensive plans, making these conditions an amendment to these regulations is now necessary; and

         (c)   These regulations will include a point system for measuring and administering fair and consistent standards for implementing low-impact development techniques. Points shall be pre-determined by the Environmental Manager, or his or her designee, based upon effectiveness of pursing overall program intent, proportional financial obligation, level of long-term maintenance associated with the technique; and

         (d)   Four impacts are categorized as influential to the endeavors of this program. These are:

            1.   Protect, restore, and conserve natural water resources;

            2.   Preserve and improve ecosystem biodiversity;

            3.   Improve community livability, mobility, aesthetics, and well-being; and

            4.   Promote energy efficiency and sustainable material resources.

         (e)   Council now deems these provisions are in the best interest of the citizens of the town to accomplish these desires.

         (a)   All land located and annexed within the jurisdictional boundaries and any land to be incorporated through annexation shall be subject to these standards for development.

         (b)   Any land owned by the town, state, county or regional government.

         (a)   All nonresidential development, including commercial, industrial, economic development, master planned developments, which do not specifically exclude this program, office and business districts, lands located within special overlay districts, public service providers, such as recreation, sanitary treatment operation facilities, excluding pump and sub-electrical stations.

         (b)   Any development requiring more than four parking spaces, including temporary sales offices and trailers.

         (c)   Land disturbance of 0.1 acres or greater located within the boundaries of land subject to these regulations as noted herein as division (B)(4)(a) and (b).

         (d)   Structural and nonstructural renovation projects exceeding $250,000, subject to these regulations as noted herein in divisions (B)(4)(a) and (b).

         (a)   Proposals currently within the development review and approval process as of January 1, 2023. This includes projects submitted for the Design Review Board or Planning Commission prior to the scheduled deadlines. This does not include submittals to town officials for internal review processing.

         (b)   Roadway projects not associated with private subdivision proposals, utility extensions involving sub-surface infrastructure, activity requiring an encroachment permit, activity requiring a temporary permit unless it's a sale trailer on vacant property, and upfit or renovation projects exceeding a total invested value of less than 50% of the current appraised property value, and planned developments approved by Council specifically excluding these standards herein.

         (c)   Proposed projects resulting in less than 0.1 acre of land disturbance, including phased or portions of a larger common plan. These include repairs, modifications, and design changes during construction when the changes do not impact program compliance.

         (a)   As outlined in the latest edition of “The Environmental Guidelines for Land Development,” any land development and structural projects meeting the categories of division (B)(3) and (4) herein shall be subject to and must adhere to standards established within the referenced guide.

         (b)   “The Environmental Guidelines for Land Development” is to be used by the design professional and approved by the Environmental Manager prior to the issuance of a clearing and grading or building permit. Alternative methods of equivalent means to comply with the spirit and intent shall be considered and evaluated, based upon satisfying the use of low-impact development as defined in “Low Impact Development in Coastal South Carolina: A Planning and Design Guide,” and standards found in the U.S. Environmental Protection Agency Office of Research and Development.

(Ord. 18075, passed 11-13-18; Am. Ord. 23006, passed 2-14-23; Am. Ord. 24021, passed 6-12-24)

         (a)    It shall be the duty of the Department of Planning, Land Use, and Neighborhoods to inform any party applying therefor of the number or numbers belonging to or embraced within the limits of any lot or property as provided in this subchapter.

         (b)   In case of conflict as to the proper number to be assigned to any building, the Department of Planning, Land Use, and Neighborhoods shall determine the number of such building.

      (3)   Whenever any house, building or structure shall be erected or located in the town after the establishment of the uniform system of numbering provided for herein has been completed, in order to preserve the continuity and uniformity of numbers of the houses, buildings, and structures, it shall be the duty of the owner to procure the correct number or numbers as designated by the Department of Planning, Land Use, and Neighborhoods for the number or numbers so assigned upon the building as provided by this chapter.

         (a)   No building permit shall be issued for any house, building, or structure until the owner has procured from the Department of Planning, Land Use, and Neighborhoods the official number of the premises.

('81 Code, §§99.01 - 99.05) (Ord. passed 11-7-83; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (A)   Amendments to these regulations shall be proposed by the Planning Commission or shall be submitted for approval, disapproval, or suggestion of the Commission before being enacted.

   (B)   The Town Council may adopt amendments to these regulations, as provided in State Code.

   (C)   No amendment, failing of passage at its final proposal, shall be resubmitted within one calendar year.

('81 Code, § 154.72) (Ord. passed 6-9-92; Am. Ord. 00063, passed 1-9-01; Am. Ord. 02045, passed 7-9-02)

   (A)   The developer of a subdivision shall post a financial guarantee at the time of the final plat approval; the purpose of which shall be to protect and ensure the integrity and satisfactory condition of the streets, drainage system and stormwater quality and quantity control facility for period of two years, as provided in § 7 of Appendix B hereto.

   (B)   The financial guarantee may be in the form of a letter of credit, surety bond, certified check, or other instruments readily convertible to cash.

   (C)   The financial guarantee shall inure for an initial period of two years, and shall not expire but automatically renew for one year or until the improvements are deemed satisfactory and released by the Town Engineer, following an acceptable two-year warranty inspection.

   (D)   The amount of the financial guarantee shall be equal to 15% of the contract cost to install the improvements. An itemized list for each improvement shall accompany the financial guarantee, excluding the cost for clearing and grading, which shall bear the signature and seal of a licensed professional engineer.

      (1)   The installation cost for the streets shall include all aspects of the road, such as but not limited to: select fill for the underlying subgrade, base course, asphalt, underdrain, curb and gutter, shoulder and slope stabilization.

      (2)   The cost of the drainage system installation shall include the contractor cost for pipe delivery and installation, specified select backfill and bedding, compaction testing, inlet boxes, grates and tops.

      (3)   The installation cost for the stormwater control facility or pond shall include per cubic yard of excavation, grading, and slope stabilization.

      (4)   The installation cost for the water quality features shall be the manufacture's cost for the material and the contractor's cost for installation.

   (E)   All items deemed not acceptable at the two-year warranty inspection shall be corrected to an acceptable level within 60 days from the date of notice thereof.

      (1)   If the owner, his or her heirs, successors or assigns, fail to satisfy any of the items identified on the inspection report, the town shall enforce the financial guarantee and may draw upon the security for up to the full amount thereof.

      (2)   The town may avail unto itself any lawful manner to effect satisfactory correction of deficient items not covered by the financial surety.

      (3)   The transfer of maintenance responsibility to the town and release of the financial guarantee shall not be complete until the Town Engineer deems conditions are satisfactory.

   (F)   All stormwater storage and water quality facilities, such as ponds and pollution removal devices, within commercial and residential developments are to be privately owned and maintained.

(Ord. 07015, passed 6-12-07; Am. Ord. 13027, passed 6-11-13) Penalty, see § 155.999

   (A)   Any violation of these regulations or amendments thereof, including the transfer or sale of property by reference to, or exhibition of, or by other use of plat of land without the required approval of the Planning Commission or Department of Engineering and Development Services, as applicable, as required for recording, shall be a misdemeanor under the laws of the state, punishable as other misdemeanors as provided by law; and the description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties.

   (B)   The Town, through its attorney, may enjoin such transfer or sale or agreement by action of injunction.

('81 Code, §154.71) (Ord. passed 6-9-92; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   (A)   Each Preliminary Plat drawing submitted for approval pursuant to these regulations shall carry the following certificates printed or stamped thereon as follows:

      (1)   Preliminary Engineering Certificate.

      “I hereby certify that this proposed Preliminary Plat correctly represents data compiled or verified through a survey completed by me on                      , 20      of property shown and described hereon.

      (2)   Certificate of Design.

      I hereby certify that the design and layout of the drainage facilities for the proposed lots, blocks streets, and other planned features included in this proposed Preliminary Plat have been prepared by me or under my direct supervision.

      (3)   Application for Plat Improvements.

      I hereby certify that no grading or clearing shall commence on the land included in this plat until a land clearing and grading permit has been issued, and that no installation of improvements shall be undertaken until a construction authorization letter from the Town Engineer has been issued.

      (4)   Certificate of Purpose.

      This is a Preliminary Plat. The use of this plat for the sale or transfer of property is forbidden.

   (B)   Each application for Final Plat shall carry the following certificate printed or stamped thereon as follows:

      (1)   Surveyor's Certificate.

      (2)   Owner's Acknowledgment

      Type name, address, and telephone number of owner of record:

      (3)   Pond and Drainage Certification. The owner of record of the land shown on this plat and whose name is subscribed thereto, and any subsequent owner, heir, successor or assign, acknowledges and agrees to the perpetual maintenance of the pond(s) located in this subdivision; and does release and hold harmless the town from any and all liabilities, claims, demands, attorney's fees and costs or judgements arising from said pond(s); and specifically releases the town from any and all liability and responsibility for flooding or erosion from storm drains or from flooding from high water or natural creeks, river, or drainage features. A drainage easement is established for the sole purpose of providing for the emergency protection of the free flow of surface waters along all watercourses, as established by these regulations and the Director of the Department of Engineering and Development Services, or his or her designee. The town may conduct emergency maintenance operations within this easement where emergency conditions exist. Emergency maintenance shall be the removal of trees and other debris, excavation, filling, and the like necessary to remedy a condition, which, in the judgement of the Director, or his or her designee, is potentially injurious to life, property or the public road or utility system. Such emergency maintenance, conducted for the common good, shall not be construed as constituting a continual maintenance obligation on the part of the Town.

Signature of Owner

      (4)   Place for Final Plat approval by the Director of the Department of Engineering and Development Services or his or her designee.

      (5)   Place for approval of Department of Health and Environment Control, if applicable for septic tank lots.

      (6)   Place for certificate of recording.

(('81 Code, §154.23) (Ord. passed 6-9-92; Am. Ord. 99055, passed 11-9-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 16082, passed 10-11-16; Am. Ord. 21041, passed 5-11-21)

   This form is to be completed by the applicant or the applicant’s representative and submitted with plans.

Name of Subdivision: ________________________________________________________________________

Name of Neighborhood: ______________________________________________________________________

Phase/Section Information: ____________________________________________________________________

Inspecting Professional: ______________________________________________________________________

Inspecting Certification: ______________________________________________________________________

Date: ________________                   Phone: ________________

 

 

 

 

 

 

 

('81 Code, § 154.50) (Ord. passed 6-9-92; Am. Ord. 99055, passed 11-9-99; Am. Ord. 00035, passed 7-11-00; Am. Ord. 00063, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13)

   (A)   Measure length of cul-de-sacs to point of curb, not the center radius point.

 

 

   (B)   Street inspection fee calculation.

         Total length × fee amount/L.F.

   (C)   Drainage inspection fee calculation.

         Total length × fee amount /L.F.

2013 S-44

   (D)   If no new streets are required, the fee is $150.

('81 Code, § 154.51) (Ord. passed 6-9-92; Am. Ord. 99055, passed 11-9-99; Am. Ord. 00035, passed 7-11-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13)

   Corporate Seal

   Notarized:

('81 Code, § 154.53) (Ord. passed 6-9-92; Am. Ord. 99055, passed 11-9-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07015, passed 6-12-07; Am. Ord. 13027, passed 6-11-13)

   This is to certify that the undersigned is the legal owner of the property to be dedicated to the town and is authorized to sign all documentation related to the improvements. As the legal owner, he/she is accepting full responsibility for construction quality control and ensuring all sediment and erosion control devices are kept in good working condition throughout the construction process.

Corporate Seal                  Notarized:

(Ord. 07015, passed 6-12-07; Am. Ord. 13027, passed 6-11-13)

   Provide warranty deed for the transfer of the right-of-way to the town on legally correct documents of the form suitable to the donor.

('81 Code, § 154.54) (Am. Ord. 99055, passed 11-9-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13)

   State on document: Drainage Easement, County of Charleston, Town of Mount Pleasant

   Whereas, the undersigned owners of the property are desirous of cooperating with said town and are minded to grant unto it an easement in and to the property necessary therefor.

   Now, therefore, in consideration of the foregoing and the benefits to be derived by the improvements to the drainage conditions, the undersigned have granted, bargained and sold, released and conveyed by these presents do grant, bargain, sell, release and convey unto the Town of Mount Pleasant:

   Said drainage easements having such size, shape, location, buttings, and boundings, as shown on said plat reference, to which is hereby made for a more complete description.

   Provided however, the Town of Mount Pleasant shall not be responsible for aquatic-growth control, normal cleaning or general maintenance, all of which shall be the responsibility of the grantor herein, its successors and assigns.

   And to the end that the same may be properly maintained for drainage, the said Town of Mount Pleasant shall at all times have the right of ingress and egress to the land affected by said easement.

   The Town has no obligation to repair, replace or to compensate the owner for trees, plants, grass, shrubs and other elements damaged or destroyed within the easements during the course of its activities. As a matter of course, no structures should be placed within drainage easements.

('81 Code, § 154.55) (Ord. passed 6-9-92; Am. Ord. 99055, passed 11-9-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16)

   The owner and subdivider of the land (describe property/reference plat), and whose name is subscribed hereto, acknowledges and agrees to maintenance of the streets, sidewalks, and storm drainage facilities until a satisfactory inspection is completed no sooner than two years from the date of final plat approval. Maintenance will be constructed to include preserving and ensuring all aspects of the road and drainage system are kept in good condition, show no signs of structural defects and damages, are free from sediment by periodic silt removal, and the functional integrity remains at an acceptable level as deemed by the Town Engineer.

                        Date:                                             

('81 Code, § 154.56) (Ord. passed 6-9-92; Am. Ord. 11-9-99; Am. Ord. 00063, passed 1-9-01; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07015, passed 6-12-07; Am. Ord. 13027, passed 6-11-13)

   Notarized:

('81 Code, § 154.57) (Ord. passed 6-9-92; Am. Ord. 99055; passed 11-9-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07015, passed 6-12-07; Am. Ord. 13027, passed 6-11-13)

   Provide legally correct articles of incorporation on a form suitable to the donor. Include date of approval by Secretary of State.

('81 Code, § 154.57B) (Ord. passed 6-9-92; Am. Ord. 99055, passed 11-9-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13)

   Provide legally correct declaration of covenants. Include provisions for homeowners' association to maintain elements shown on plat, and the ability to assess owner to collect funds necessary for such maintenance. In the case of subsequent annexation of additional property in future phases to that which is governed by the original covenants, the provision of a legally correct supplemental declaration or other appropriate amending document subjecting the additional property to the original covenants shall be required. Proof of recordation of the covenants and/or supplements is required prior to the issuance of any building permits.

('81 Code, § 154.58) (Ord. passed 6-9-92; Am. Ord. 99055, passed 11-9-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13)

 

('81 Code, § 154.59) (Ord. passed 6-9-92; Am. Ord. 99055, passed 11-9-99; Am. Ord. 00035, passed 7-11-00; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13)

   The undersigned owner agrees that the activities undertaken at the above described location shall be carried out in compliance with the approved stormwater management and sediment control plan, and the following:

   (1)   Prior to any other activity on the lot, silt fencing shall be properly installed, in accordance with the details shown on the following page, along the curbing in front of the lot (except at the access entrance), along the OCRM Critical Line, and along wetlands and any other locations needed to maintain erosion control at the site;

   (2)   Silt fencing shall be maintained in good working condition until such time as permanent erosion control features are in place and functioning;

   (3)   Access to the site will be limited to one location with a maximum width of 20 feet. The access shall preferably be at the proposed driveway location, and will be consistent with the attached details;

   (4)   The construction entrance shall be maintained in good working condition until such time as permanent access areas are in place and functioning;

   (5)   Construction debris and waste materials, concrete truck washout, sanitary facilities and waste, and chemicals such as paint or other construction substances will be collected and secured on site. These materials will be removed to a proper disposal facility as needed to maintain and neat and orderly site.

   (6)   At no time will any of the above materials be deposited into the street or storm drainage system. Any spills must be immediately contained and cleaned according to manufacturers’ specifications. Discharges of petroleum products to the storm drainage system must be reported to the Town Engineer immediately.

   (7)   All design contours, swales, positive drainage, and any other drainage features that are a part of the current drainage system or planned drainage system will be installed or maintained in good working order.

   (8)   The streets and public facilities near the work shall be kept clean and free of deposited materials. Failure to maintain facilities will result in possible fines, stopping of the work until cleaned, and increasing environmental controls as directed by the Town Field Engineer;

   (9)   The cost of repairs to the public street and damage to the public drainage system caused by activities at the location shall be paid prior to the issuance of a certificate of occupancy; and

   (10)   In the event that no existing sediment and erosion control plan can be identified for reference, as a condition of the building permit, the applicant must prepare a site plan that accounts for local drainage from and onto adjoining properties, and that protects the building from local drainage flows.

                                                                                                                                                   
      Owner                                                                                            
                        Address

('81 Code, § 156.001) (Ord. passed 6-9-92; Am. Ord. passed 2-9-93; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07045, passed 8-14-07; Am. Ord. 13027, passed 6-11-13; Am. Ord. 16082, passed 10-11-16)

    (A)   Design certification. No increase in rate of runoff; furnished with all proposed construction.

      STORM WATER FACILITIES

      Designer's Certification

      I hereby aver that construction of the project, according to the plans presented to the Town of Mount Pleasant, will not increase the rate of runoff from the site.

                                                                      
      Name

                                                                      
      Date

                                                                      
      (Professional Seal)

   (B)   Design certification. Rate increase; no impact furnished with all proposed construction.

      STORM WATER FACILITIES

      Designer's Certification

      I hereby aver that construction of the project, according to the plans presented to the Town of Mount Pleasant, will increase the rate of runoff from the site; however, there will be no adverse impact on downstream facilities or property due to this increase in runoff.

                                                                      
      Name

                                                                      
      Date

                                                                      
      (Professional Seal)

('81 Code, § 156.012) (Ord. passed 6-9-92; Am. Ord. 02045, passed 7-9-02; Am. Ord. 13027, passed 6-11-13)

Type of Stormwater Facility:

I will complete any necessary repairs and/or preventative maintenance procedures in a timely manner to ensure proper functioning of the pond as a stormwater management device.

It is my understanding that the maintenance plan may be amended/revised at any time by The Town of Mount Pleasant, if the current schedule is deemed insufficient, and I will abide by any prescribed changes.

I agree to perform at a minimum, unless more frequent inspections are dictated by either the system manufacturer or the Town of Mount Pleasant, an annual inspection of the stormwater facility.

I understand more routine inspections may be performed by the owner or owner's representatives on a more frequent basis; however, the annual inspection must be performed and reported on by a licensed professional engineer.

I understand that the report of the annual inspection must include the results of the inspection and remedial actions undertaken or planned.

I agree to send the inspection reports and other requested documentation to the town's Stormwater Manager for review on an annual basis or by June 30 of each reporting year.

I agree to maintain an inspection log of findings and remediations. This log shall be kept by the facility owner and transferred with the property to future owners.

I will continue to own and maintain the pond until the Town of Mount Pleasant is notified in writing of a transfer in ownership and maintenance responsibility.

The notification will include a date for the transfer of responsibility and a letter of acceptance from the new owner.

                                                                                                                                                    
Signature                  Printed Name            Date

                                                                                                                                                          
Address

                                                                                                                                                          
City                     State            Zip Code

                                                                                                                       
Office (daytime) Phone Number                Fax Number

                                                                                                                       
Mobile Phone Number                  E-mail Address

   2.   Grass to be mowed on a regular basis (minimum twice a year).

   3.   Dike to be maintained with prompt repair of any eroded areas and no tree growth allowed to occur. Trash to be removed from within and around the pond and the outlet structure, on a regular basis and after any large storm events.

   4.   Outlet structure to be inspected and sediment to be removed on a regular basis during construction.

   5.   Repairs to outlet structure and outlet pipe to be made if needed.   

   6.   Sediment accumulation to be removed from pond by contractor at the end of construction.

   7.   Outlet discharge and emergency spillway to be inspected on a regular basis and after large storm events.

      a.   Repair if necessary.

   8.   Pond bottom to be inspected as necessary to provide positive drainage to the outlet.

   1.   Inspection frequencies and specific inspection activities shall follow the manufactures' recommendations or requirements.

   2.   The system shall be cleaned in accordance with the manufactures' recommendations or requirements or as may be dictated by the Town of Mount Pleasant.

   3.   A log of the quantity and quality of the materials removed may be required by the Town of Mount Pleasant.

   4.   Materials removed from the system, including polluted water generated during the cleaning process, must be properly disposed of.

(Ord. 99016, passed 6-8-99; Am. Ord. 02045, passed 7-9-02; Am. Ord. 07045. passed 8-14-07; Am. Ord. 13027, passed 6-11-13)