(A)   This ordinance may be cited as the "Town of Mount Pleasant Development Agreement Ordinance."

   (B)   The town finds:

      (1)   The lack of certainty in the approval of development can result in a waste of economic and land resources, can discourage sound capital improvement planning and financing, can cause the cost of housing and development to escalate, and can discourage commitment to comprehensive planning.

      (2)   Assurance to a developer that upon receipt of its development permits it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, reduces the economic costs of development, allows for orderly planning of public facilities and services and allows for the equitable allocation of the cost of public services.

      (3)   Because the development approval process involves the expenditure of considerable sums of money, predictability encourages the maximum efficient utilization of resources at the least economic cost to the public.

      (4)   Public benefits derived from development agreements may include, but are not limited to, affordable housing, design standards, and on and off-site infrastructure and other improvements. These public benefits will be negotiated in return for the vesting of development rights for a specific period.

      (5)   Land planning and development involve review and action by multiple governmental agencies, the use of development agreements may facilitate the cooperation and coordination of the requirements and needs of the various governmental agencies having jurisdiction over land development.

      (6)   Development agreements will encourage the vesting of property rights by protecting such rights from the effect of subsequently enacted local legislation or from the effects of changing policies and procedures of local government agencies which may conflict with any term or provision of the development agreement or in any way hinder, restrict or prevent the development of the project. Development agreements will provide a reasonable certainty as to the lawful requirements that must be met in protecting vested property rights, while maintaining the authority and duty of government to enforce laws and regulations which promote the public safety, health, and general welfare of the citizens of our town.

   (C)   It is the intent and responsibility of the Town Council to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development.

   (D)   This intent is effected by authorizing the town to enter into development agreements with developers, subject to the procedures and requirements of this chapter.

   (E)   This chapter must be regarded as supplemental and additional to the powers conferred upon the town by other laws and must not be regarded as in derogation of any powers existing on the effective date of this chapter.

(Ord. 99056, passed 12-14-99)

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

   COMPREHENSIVE PLAN. The officially adopted Master Plan of the town along with all implementing ordinances, goals, strategies, and Official Town Map, all enacted by the town pursuant to Title 6 of the South Carolina Code on April 13, 1999 and any subsequent amendments thereto.

   DEVELOPER. A person, including a governmental agency, who intends to undertake any development and who has legal or equitable interest in the property to be developed.

   DEVELOPMENT. The carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the dividing of land into three or more parcels. DEVELOPMENT, as designated in a law or development permit, includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, DEVELOPMENT refers to the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item.

   GOVERNING BODY. The Town Council of the town or any other chief governing body of a unit of a local government, however designated.

   LAND DEVELOPMENT REGULATION. Ordinances and regulations enacted by the appropriate governing body for the regulation of any aspect of development and includes a local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of property.

   LAWS. All ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies and rules adopted by the town, affecting the development of property and includes laws governing permitted uses of the property, governing density, and governing design, improvement, and construction standards and specifications, except as provided in section 6-31-140(A) of the South Carolina State Code.

   LOCAL GOVERNMENT. The town of Mount Pleasant or the governmental entity of the same or the governmental entity of the State, county, municipality, or region established pursuant to law which exercises regulatory authority over, and grants development permits for land development or which provides public facilities.

   LOCAL PLANNING COMMISSION. The town of Mount Pleasant Commission established pursuant to Title 6 of South Carolina Code or any other like entity established for other local governments pursuant to the South Carolina Code.

   MASTER PLAN MAP. The officially adopted Town Map as part of the Comprehensive Plan.

   PERSON. An individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, state agency, or any legal entity.

   PROPERTY. All real property subject to land use regulation by a local government and includes the earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as a part of real property.

   PUBLIC FACILITIES. Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.

(Ord. 99056, passed 12-14-99)

   The town has established procedures and requirements, as provided in this chapter to Title 6 of the South Carolina Code of Laws, to consider and enter into development agreements with developers. Adevelopment agreement must be approved for the town by the adoption of an ordinance.

(Ord. 99056, passed 12-14-99; Am. Ord. 05085, passed 12-14-05)

   Developers will be subject to the requirements of established town procedures and policies to facilitate timely review and approval.

(Ord. 99056, passed 12-14-99)

   The town may enter into a development agreement with a developer for the development of property as provided in this chapter, provided the property contains at least 25 acres or more of highland. Development agreements involving property containing no more than 250 acres of highland shall be for a term not to exceed five years. Development agreements involving property containing 1,000 acres or less of highland but more than 250 acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing 2,000 acres or less of highland but more than 1,000 acres of highland shall be for a term not to exceed 20 years. Development agreements involving property containing more than 2,000 acres may be for such term as the town and the developer shall elect.

(Ord. 99056, passed 12-14-99; Am. Ord. 05085, passed 12-14-05)

   The proposed development agreement documents and all supplemental material, if any, shall be submitted in the appropriate quantity and with the required fee to the Office of the Corporation Counsel no later than 56 days from the date of the first public hearing, whether conducted by the Planning Commission at the Town Council’s discretion, or by the Town Council itself.

(Ord. 15042, passed 6-9-15)

   (A)   Before entering into a development agreement, the town shall conduct at least two public hearings. At the option of Town Council, the initial public hearing may be held by the Mount Pleasant Planning Commission. Public notice of the day, time, and place of the second public hearing must be announced at the first public hearing.

   (B)   (1)   Notice of intent to consider a development agreement must be advertised in a newspaper of general circulation in the county where the local government is located.

      (2)   The notice must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained. The town must make copies of the proposed development agreement available to the public for a reasonable charge.

      (3)   Any developer pursuing a development agreement with the town is required to provide ten complete copies to the town of any proposed agreement for review by the public at no charge.

   (C)   In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such publicfacilities will be tied to defined completion percentages or other defined performances standards to be met by the developer.

(Ord. 99056, passed 12-14-99; Am. Ord. 05085, passed 12-14-05)

   (A)   A development agreement must include:

      (1)   A legal description of the property subject to the agreement and the names of its legal equitable property owners;

      (2)   The duration of the agreement. However, the parties are not precluded from extending the termination date by mutual agreement or from entering into subsequent development agreements;

      (3)   The development uses permitted on the property, including population densities and building intensities and height;

      (4)   A description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development;

      (5)   A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property as may be required or permitted pursuant to laws in effect at the time of entering into the development agreement;

      (6)   A description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction does not relieve the developer of the necessity of complying with the law governing the permitting requirements, conditions, terms, or restrictions;

      (7)   A finding that the development permitted or proposed is consistent with the town's comprehensive plan and land development regulations;

      (8)   A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and

      (9)   A description, where appropriate, of any provisions for the preservation and restoration of historic structures.

      (10)   Any subsequent development agreements will be subject to public hearing requirements.

      (11)   A detailed schedule of payments due to the town of all monies owed in addition to specifics of any bonding requirements, if applicable, will be included.

   (B)   A development agreement may provide that the entire development or any phase of it be commenced or completed within a specific period of time. The development agreement must provide a development schedule including commencement dates and interim completion dates at no greater than five year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement, but must be judged based on the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer. If the developer requests a modification in the dates as set forth in the agreement and is able to demonstrate and establish that there is good cause to modify those dates, those dates must be modified by the local government. A major modification of the agreement may occur only after public notice and a public hearing by the local government.

   (C)   If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement.

   (D)   The development agreement also may cover any other matter not inconsistent with this chapter not prohibited by law.

(Ord. 99056, passed 12-14-99)

   A development agreement and authorized development must be consistent with the town comprehensive plan and land development regulations.

(Ord. 99056, passed 12-14-99)

   (A)   Subject to the provision of § 157.140 and unless otherwise provided by the development agreement, the laws applicable to development of the property subject to a development agreement, are those in force at the time of execution of the agreement.

   (B)   Subject to the provisions of § 157.140 the town may apply subsequently adopted laws to a development that is subject to a development agreement only if the town has held a public hearing and determined:

      (1)   The laws are not in conflict with the laws governing the development agreement and do not prevent the development set forth in the development agreement;

      (2)   They are essential to the public health, safety or welfare and the laws expressly state that they apply to a development that is subject to a development agreement;

      (3)   The laws are specifically anticipated and provided for in the development agreement;

      (4)   The town demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement which changes, if not addressed by the town, would pose a serious threat to the public health, safety, or welfare; or

      (5)   The development agreement is based on substantially and materially inaccurate information supplied by the developer.

   (C)   The section does not abrogate any right preserved by § 157.140 or that may vest pursuant to common law or otherwise in the absence of a development agreement. Specifically, the authority to tax at any time shall not be abrogated.

(Ord. 99056, passed 12-14-99)

   (A)   Pursuant to § 157.040, periodic review by the Zoning Administrator is required at least every 12 months, at which time the developer must be required to demonstrate good faith compliance with the terms of the development agreement. Annual findings by the Zoning Administrator will be reported to Town Council and the Planning Commission in public meetings.

   (B)   If, as a result of a periodic review, the town finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the Town shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.

   (C)   If the developer fails to cure the material breach within the time given, then the town unilaterally may terminate or modify the development agreement; provided, that the town has first given the developer the opportunity:

      (1)   To rebut the finding and determination; or

      (2)   To consent to amend the development agreement to meet the concerns of the town with respect to the findings and determinations.

(Ord. 99056, passed 12-14-99)

   A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.

(Ord. 99056, passed 12-14-99)

   (A)   Except as otherwise provided in § 157.130 and subject to the provisions of § 157.140, if a newly- incorporated municipality or newly-annexed area comprises territory that was formerly unincorporated, any development agreement entered into by a local government before the effective date of the incorporation or annexation remains valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The parties to the development agreement and the municipality may agree that the development agreement remains valid for more than eight years; provided, that the longer period may not exceed 15 years from the effective date of the incorporation or annexation. The parties to the development agreement and the municipality have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the unincorporated territory of the country.

   (B)   After incorporation or annexation the municipality may modify or suspend the provisions of the development agreement if the municipality determines that the failure of the municipality to do so would place the residents of the territory subject to the development agreement, or the residents of the municipality or both, in a condition dangerous to their health or safety, or both.

   (C)   This section applies to any development agreement which meets all of the following:

      (1)   The application for the development agreement is submitted to the local government operating within the unincorporated territory before the date that the first signature was affixed to the petition for incorporation or annexation or the adoption of an annexation resolution pursuant to Chapter 1 or 3 or Title 5 of the South Carolina Code; and

      (2)   The local government operating within the unincorporated territory enters into the development agreement with the developer before the date of the election on the question of incorporation or annexation, or, in the case of an annexation without an election before the date that the municipality orders the annexation.

(Ord. 99056, passed 12-14-99)

   Within 14 days after the town enters into a development agreement, the developer shall record the agreement with the registrar of mesne conveyance or clerk of court in the country where the property is located. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement, consistent with any determination made by the town pursuant to § 157.170 hereunder.

(Ord. 99056, passed 12-14-99)

   In the event state or federal laws or regulations, enacted after a development agreement has been entered into prevent or preclude compliance with one or more provisions of the development agreement, the provisions of the agreement must be modified or suspended as may be necessary to comply with the state or federal laws or regulations.

(Ord. 99056, passed 12-14-99)

   (A)   The provisions of this act are not intended nor may they be construed in any way to alter or amend in any way the rights, duties, and privileges of suppliers of electricity or natural gas or of municipalities with reference to the provision of electricity or gas service, including, but not limited to the generation, transmission, distribution, or provision of electricity at wholesale, retail or in any other capacity.

   (B)   This chapter is not intended to grant the town or agency thereof any authority over property lying beyond its corporate limits.

(Ord. 99056, passed 12-14-99)

   In the event that any of the obligations of the town in the development agreement constitute debt, the local government shall comply at the time of the obligation to incur such debt becomes enforceable against the local government with any applicable constitutional and statutory procedures for the approval of this debt.

(Ord. 99056, passed 12-14-99)

   If § 157.140 or any provision therein or the application of any provision therein is held invalid, the invalidity applies to this chapter in its entirety, to any and all provisions of this chapter, and to this end, the provisions of § 157.140 of this chapter are not severable.

(Ord. 99056, passed 12-14-99)

   Notwithstanding any other provision of law, a development agreement adopted pursuant to this chapter must comply with any building, housing, electrical, plumbing, gas and flood codes subsequently adopted by the town in compliance with applicable state law. Such development agreement may not include provisions which supersede or contravene the requirements of any building, housing, electrical, plumbing, gas, and flood codes adopted by the town.

(Ord. 99056, passed 12-14-99)

   The town may permit the assignment of rights under a development agreement. The town's consent may be conditioned on the proposed assignee's demonstration of his/her ability to perform the obligations of the development agreement with regard to the property conveyed to the assignee. The town may set out specific requirements in this regard as deemed appropriate.

(Ord. 99056, passed 12-14-99)