It is the intent of this chapter to regulate the subdivision of land and provide for the review and approval by the Planning and Zoning Commission of the plans and specifications of the development of land and open spaces, the opening or extension of any street or road, the width, character and location of such streets, alleyways and roads, the manner of laying out of infrastructure in such subdivisions and other utility proposals and provide for the coordinated and harmonious development of the Town of Ravenel in accordance with the provisions of Title 6, Chapter 29, as amended, Code of Laws of South Carolina and in accordance with the Town of Ravenel Comprehensive Land Use Plan.

These regulations, as herein set forth, are designed to protect and secure the public health, safety, order, appearance, convenience and general welfare through the orderly and progressive development of land, for the following purposes, among others:

1. To encourage economically sound and stable development;
2. To ensure the timely and coordinated street and road layout with adequate provisions for traffic circulation and access, both vehicular and pedestrian;
3. To assure adequate and clean water supply, light, air, drainage and sanitary sewer facilities;
4. To provide adequate provisions for recreational areas, open space, school sites and other public services and facilities; and
5. To provide for adequate identification and permanent location of real estate boundaries and ensure the recording of necessary survey data.
   

All existing subdivision regulations adopted previously by the Town of Ravenel, and contrary to this Ordinance, are hereby repealed. The adoption of this chapter, however, shall not affect nor prevent any pending or future prosecution of, or action to abate, any existing violation of said regulations, as amended, if the violation is also a violation of the provisions of this Ordinance.

1. Grandfathered Clause. Parcels that were created and recorded by deed or plat prior to the adoption of these subdivision regulations, will receive automatic approval under a Grandfather’s Clause, providing the parcel involved is still in the same size and shape as when recorded previously and has the approval of the South Carolina Department of Health and Environmental Control.
   

Unless expressly exempted, no subdivision shall be made, platted or recorded for any purpose nor shall any parcels resulting from such subdivisions be sold or offered for sale, unless such subdivision meets all applicable standards of this Ordinance and has been approved and recorded.

1. To facilitate the subdivision process, Charleston County shall be given the authority to review and approve plats as presented under the subdivision standards of Chapter 5. The Town of Ravenel will work with Charleston County to assure the proposed subdivision of property is consistent with long-range policies of the Town.

(Ord. passed 11-28-06)

For the purpose of this Ordinance, the following definitions shall apply:

1. Land Development. A change in land characteristics through redevelopment, construction, subdivision into parcels, multi-family complexes, commercial or industrial parks, shopping centers, mobile home parks and similar developments for sale, lease, or any combination of owner or rental characteristics.
2. Subdivision. A division of a tract or parcel of land into two or more lots, building sites or other division, including all land divisions involving new streets or a change in existing streets or the alteration of any street previously recorded, and the combination of lots or relocation of lot lines.
3. Types of Subdivisions.
   1. Minor Subdivision. A subdivision of any tract of land in one ownership into four (4) or fewer lots, provided that:
      1. No public street right-of-way dedications are involved;
      2. No utility or drainage easements are necessary;
      3. The lots meet Health Department requirements for the installation of a conventional or modified individual sewage disposal system; and
      4. No new or residual parcels will be created that do not comply with all applicable requirements of this Ordinance.
   2. Major Subdivision. Any division of land that will result in five (5) or more new lots. Major subdivision application is a three-step process:
      1. Schedule with Charleston County and confirm with Ravenel Zoning Administrator, a pre-application conference to determine lot and street requirements and other standards;
      2. Preliminary plat review (by the Ravenel Planning and Zoning Commission);
      3. Final plat review and approval.
         

The following shall be exempt from the Subdivision Plat Procedures for review by the Planning and Zoning Commission and shall be approved upon a finding by Charleston County and the Zoning Administrator that all other applicable requirements are met. The Planning and Zoning Commission shall be notified of such approval.

1. The combination or re-combination of portions of previously platted and recorded lots where the total number of lots is not increased and all lots or residual parcels thus created comply with all applicable requirements of this Ordinance.
2. The public acquisition of land for rights-of-way or easements.
3. When contiguous properties are to be divided for the purpose of exchange or to trade parcels of land.
4. When a parcel of land is proposed to be used as a site for a utility substation, electricity regulating station or similar facility. Lot design standards found in Chapter 2 of this Ordinance may be waived and a statement included on final plat that describes the proposed action and certifies the parcel is not created as an individual building lot.
5. The division of any tract of land that is in one ownership into four (4) or fewer lots, provided that no new street right-of-way dedications are involved; no utility or drainage easements are necessary, the lots meet the Department of Health requirements and all new lots created conform to the requirements of this Ordinance.
6. The combination or re-combination of lots of record where no new street or change in existing street is involved.
   

1. Occurring prior to filing an application for plat approval, a pre-application conference is intended to save time and money as the applicant can be familiarized with the appropriate zoning requirements for the particular parcel, plat submittal process and other applicable procedures before finalizing the development proposal.
   1. For smaller, minor subdivisions as listed under “Minor Subdivisions” or “Exemptions” to be approved by the Zoning Administrator, a pre-application conference will assist the subdivider in filing but is not mandatory.
   2. For major subdivisions that involve five (5) or more lots, require dedication of new streets or do not meet the “Exemptions” criteria, a pre-application conference is required. The applicant must submit a plat of the subject property or a tax map showing the property and a sketch plan showing the proposed means of access to a public road, adjacent land uses and roads, and a conceptual layout of the proposed subdivision to Charleston County and to the Zoning Administrator. Where review from other agencies is required, i.e. Charleston County, Council of Governments, DHEC, U. S. Army Corps of Engineers, etc., representative staff from these organizations may be present at the time of presentation.
      

1. A subdivider or property owner shall complete an application form with the Town and submit a copy of the proposed plat. An application will also be submitted to Charleston County along with the required fees and four (4) copies of minor subdivision preliminary plat or six (6) copies of the major subdivision preliminary plat, drawn to an engineer’s scale no smaller than 1" = 200'. Where large areas are being platted, they may be drawn on one or more sheets, not to exceed twenty-two (22) inches by thirty-four (34) inches in size. Lettering on plats must be a minimum of 1/8 inch or Leroy size 80.
2. Even though a subdivider may intend to subdivide only a small portion of a parcel or tract of land initially, the preliminary plat shall show a proposed street and lot layout, drainage plan and other requirements for the entire parcel or tract of land in which said portion is contained, except that the Zoning Administrator may waive this requirement on a finding that such a complete layout is not necessary to satisfy the intent of these requirements.
3. The following information shall be required on each plat:
   1. Title, date of survey, graphic and numeric scale, North arrow, and a location map showing the proposed subdivision and surrounding area and any residual tract, if applicable.
   2. Courses and distances of the perimeter of the tract being subdivided with distances to nearest street intersection and total acreage, and the acreage above the Office of Coastal Resource Critical Line. Date of critical line certification shall be indicated. Wetland areas under the jurisdiction of the U.S. Army Corps of Engineers shall be verified.
   3. Zoning district information, tax map number of tract(s), references to previous plats and/or deeds and owner(s) of the tract shall be noted.
   4. All intersecting boundaries or property lines with the full names of owners districts and tax map numbers of adjoining properties shall be noted.
   5. Flood Zone designation(s) in which the tract is located, including the community panel number and date of map, location and names of water courses within or adjoining the tract shall be shown.
   6. For major subdivisions, the plat shall indicate all existing physical features of the land, including contours and drainage patterns must be shown. All existing structures, streets, rights-of-ways, drainage ditches, easements along with proposed divisions with courses and distances, proposed easements, right-of-way widths with proposed street widths and names and street type or surfacing material. Contours are not required on proposed private subdivisions, and only within rights-of-way of proposed public streets. The plat must note proposed street names and whether the streets are to be public or private, and sites proposed for public uses with the ownership and maintenance responsibilities noted. A draft of private restrictive covenants and/or Homeowner Association structure and responsibilities shall be included. (Ord., amended 09-30-08)
   7. The size of each lot with the total number of lots shall be noted.
   8. Proposed water sources (public or well) and proposed sewage disposal shall be indicated. A statement of the location, availability of and distance from the nearest water supply and public sewer shall be included.
   9. Proposed landscaping and buffers and location of protected trees.
   10. R.L.S. certification of preparer of plat.
4. Zoning Administrator Review and Report.
   1. Upon receipt of a complete application for Preliminary Plat approval, the Zoning Administrator shall have 30 days to review the proposal and submit plats to affected agencies for review. Applications containing the required information shall be placed on the next agenda of the Planning and Zoning Commission if review and approval by the Commission is required. Applications with missing information shall be returned to the applicant with an explanation of needed additional information.
   2. As soon as the additional information is received, staff shall prepare a report on the proposed plat and the preliminary plat review shall be placed on the next agenda of the Planning and Zoning Commission. The Commission shall be presented with a complete copy of the preliminary plat and all required information along with a copy of staff report and shall take action to approve, disapprove, or approve with specific conditions, the preliminary plat.
5. Duration of Approval. An approved Preliminary Plat shall expire after two years from the date of approval if a Final Plat for the subdivision (or phase of the subdivision) has not been approved within two (2) years of the date of preliminary approval. If the subdivision is to be developed in phases, a phasing plan, including a timetable for development of the entire subdivision, shall be approved as part of the Preliminary Plat approval. No final plats shall be accepted and no construction shall be allowed for any phase not approved as part of the Preliminary Plat.
6. Appeals. Any person with a substantial interest in a Preliminary Plat decision of the Planning and Zoning Commission may appeal the decision to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within thirty (30) days of the date of the Commission’s decision.
   

1. After approval of a Preliminary Plat and before commencing any work within the proposed subdivision (including land clearing and grading), road plans shall be submitted as following:
   1. Private Roads. Subdivider shall submit road plans and profiles and a drainage plan as approved by Planning and Zoning Commission, along with draft of planned maintenance agreement or agreement shall be so stated and signed on plat.
   2. Roads to be Dedicated to the County for Public Maintenance. Subdivider shall submit road plans and profiles and a detailed drainage plan prepared by an engineer registered in the state of South Carolina which shall be submitted to the Charleston County Public Works Director for review and approval in accordance with the Road Standards as shown in the Charleston County Unified Development Ordinance.
2. Inspections. Subdivisions shall be subject to field inspection by the Public Works staff to ensure compliance with any applicable Ordinance requirements and road and drainage standards. The South Carolina Department of Health and Environmental Control will inspect the site and test for minimum septic system requirements.
   

1. Subdivisions which do not involve the platting, construction or opening of new streets, water or sewer facilities, or improvements to existing streets and meet the criteria under Section 5.5., Exemptions, shall be accepted by Charleston County in the form of a final plat and, if the plat meets conditions of this ordinance, shall be approved by staff. Plats that do not meet the criteria under Section 5.5., Exemptions, shall be reviewed and approved by Charleston County and Town staff, approved by the Planning and Zoning Commission, if necessary and after corrections are made, submitted for final approval.
2. Conditional Plat Approval. Prior to approval of a Final Plat, the developer shall install all required public improvements and post an approved financial guarantee of performance and maintenance (surety bond) in accordance with the provisions of this ordinance. If such guarantees are posted, the Planning Commission shall be authorized to grant conditional plat approval, with final approval contingent upon completion and acceptance of all required improvements. After conditional plat approval is granted, the sale of subdivision lots shall be permitted and zoning permits may be granted, but no Certificates of Occupancy shall be issued until all required improvements have been installed and accepted.
3. Final Plat Application Process.
   1. The subdivider shall submit one (1) final plat, drawn in ink on a material and size specified by the Register of Mesne Conveyance recording and seven (7) or more dark line prints to Charleston County final approval. Minimum plat size shall be 8 1/2 inches by 11 inches and shall be drawn to a scale no smaller than 1" = 100' on sheets no larger that twenty-two (22) inches by thirty-four (34) inches in size. Where necessary, the plat may be on several sheets accompanied by an index or key insert.
   2. The final plat shall show the following:
      1. All information required on the preliminary plat, (minus the topographic data, tree survey, and location of water and sewer/septic lines, if applicable) title, scale north arrow, name of applicant and of engineer, date.
      2. All property lines with distances and accurate bearings or deflection angles listed. For property lines which are curves or are part curves, the arc length, tangent distances, radius and points of tangency shall be noted.
      3. Block and lot numbers suitably arranged by a simple system.
      4. Description of all property markers and all known and discovered encroachments.
      5. High land and low land acreage for each lot, OCRM Critical line, and OCRM and/or the U.S. Army Corps of Engineers statement if required.
      6. A surveyor’s certificate that the survey and plat are accurate, as follows:
         
         “I, ____________________(name of surveyor), a registered professional surveyor in the State of South Carolina, hereby state that to the best of my knowledge, information and belief, the survey shown hereon was made in accordance with the requirements of the Minimum Standards Manual for the Practice of Land Surveying in South Carolina, and meets or exceeds the requirements for a Class “A” survey as specified therein."
         
         Surveyor’s signature and seal of the registered land surveyor in accordance with the Minimum Standard Manual for the Practice of Land Surveying in South Carolina.
      7. Drainage easements, names of all streets, locations of all utility rights-of-way and easements, areas or sites reserved or dedicated for public uses and a statement of dedication by the property owners of streets, rights-of-way, easements and any other sites for public use.
      8. A statement of the Department of Health’s findings of soil suitability for septic system.
      9. Plat must include a 3" x 8" block of space to be set aside for use by approving and recording authorities to place Approval Stamps and Recording Stamps.
      10. A copy of final private covenants to be recorded with plat.
      11. A certificate of title or a sworn affidavit establishing the ownership of the land, signed by the owner(s), heirs thereto or assigns.
          

Charleston County and the Town shall approve or disapprove the final plat as soon as possible after it has been submitted for final approval. After final plat approval, the Zoning Administrator or Mayor shall sign and date the plat. If no action is taken within 45 days after submission, the plat shall be deemed to have been approved.

1. The Planning and Zoning Commission reserves the right to require the final plat to be resubmitted to them for final review and to require additional statements or information to be placed upon the plat if the proposed roads and drainage have not been constructed in conformance with standards and specifications or if subdivision does not meet all requirements of the Subdivision Regulations.
2. If the final plat is disapproved, the grounds of such action shall be stated in writing, referring specifically to the part of the ordinance or regulations with which the plat does not conform. One (1) copy of the notice of disapproval shall be kept on file and another given to the subdivider for correction and resubmission if he so desires.
3. In instances involving Town acceptance of lands, the final plat shall be submitted to Town Council for approval and acceptance of rights-of-way, utilities, easements, and other lands dedicated to public use. Town Council shall not be obligated to accept any land proposed for public dedication.
   

1. After final approval, Charleston County shall file the original approved final plat, with certificates, with the County Register of Mesne Conveyance within 30 days of approval and return one stamped approved copy to the Town for record.
2. The final plat shall constitute only that portion of the approved plat which the subdivider proposes to record and develop at the time.
   

1. Appeals of Planning and Zoning Commission Decision. Any person with a substantial interest in a Final Plat decision of the Planning and Zoning Commission may appeal the decision to the Town Council by filing an appeal with the Zoning Administrator within 30 days of the date of the decision. In exercising the appeal power, the Council may reverse or affirm wholly or partly or may modify the decision being appealed. If Council determines additional information is needed, it may remand the matter to the Planning and Zoning Commission with directions to obtain further evidence and to reconsider the decision in light of such evidence.
2. The Town Council shall consider only the same application, plans and related project materials that were the subject of the original decision and only the issues raised by the appeal. In acting on the appeal, the Town Council shall grant to the Planning and Zoning Commission’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant. An appeal shall be sustained only if Council finds that the Planning and Zoning Commission erred.
3. Appeals of Town Council’s Decision. Any person with a substantial interest in the appeal decision may appeal the final decision to the Circuit Court of Charleston County. Appellants shall file with the Court Clerk, a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within thirty (30) days of Council’s decision.
   

1. Lot Size. The lot size, width, depth, and the minimum building setback lines shall comply with the underlying zoning district and all other applicable standards of this Ordinance and, in all cases, must conform to South Carolina Department of Health and Environmental Control (DHEC) water and wastewater supply/treatment regulations. Lot depth shall not exceed four times the width (1:4 ratio) except in the case of attached dwellings or in case where the additional depth is necessary to provide separation from major streets or railroads, non-access reservations, easements or marshes. The depth-width ratio shall not apply in cases where the width of a lot exceeds 300 feet for its entire depth or in subdivisions of three (3) or fewer lots.
2. Lot Frontage. The minimum lot frontage width for single-family residential lots shall be 50 feet on a public right-of-way, except for cul-de-sacs which shall be a minimum 30-foot or a flag lot. Double frontage lots shall be avoided except where essential to provide separation of residential development from major roadways or to overcome specific disadvantages of topography. An easement of at least ten feet in width may be required to restrict access from the major street or other area.
3. Flag Lots. The Planning and Zoning staff shall be authorized to allow the use of flag lots only when it is determined that such lot configurations are necessary to address site development constraints.
   1. Flag lots may be permitted to facilitate subdivision of a long narrow parcel that has sufficient area but insufficient width to be otherwise subdivided or subdivision is restricted due to the presence of a natural resource or the irregular shape of a parcel.
   2. A flag lot may be utilized to eliminate multiple access points to collector or arterial roads.
   3. Flag lots shall not be used to avoid the development of streets otherwise required by this Ordinance when the effect of such flag lots would be to increase the number of access points (driveways) on a publicly dedicated road right-of-way.
   4. Approval Standards for Flag Lots.
      1. Flag lots shall have direct access to a street that complies with the standards of this Ordinance.
      2. The connecting portion (flagpole) of a flag lot shall have a minimum width of 20 feet for its entire length and shall not exceed 300 feet in length.
      3. The area within the flagpole shall not be counted as lot area for the purpose of meeting minimum lot requirements.
4. Blocks. The lengths, widths and shapes of blocks shall be determined by the area and spacing requirements for lot sizes and dimensions, needs for convenient access, circulation, control and safety of traffic, and utility easement requirements.
   1. Length of any block shall not exceed fourteen hundred (1,400) feet nor be less than six hundred (600) feet, unless a particular hardship is shown.
   2. Width of any block used for residential purposes shall be of sufficient width to allow for two (2) tiers of lots of appropriate depth. Blocks intended for commercial or industrial uses shall be of a suitable width for the intended use, with allowances for off-street parking and loading.
5. Tree Preservation. Lots within subdivisions shall be so designed to provide a buildable area on each lot that does not require the removal of grand trees. Removal of grand trees is permitted only through the Town’s tree removal process.
6. Streets.
   1. The layout of streets shall be designed to promote safe and efficient movement of vehicular and pedestrian traffic; and shall take into consideration cost effectiveness, future maintenance costs, sight distance visibility, considerations for the environment, space for utilities and drainage, natural contours and natural features.
   2. Streets shall be defined according to function and right-of-way widths:
      1. Access street: designed to conduct traffic in small residential areas includes short street lengths, cul-de-sacs and courts.
      2. Sub-collector street: provides passage between access streets and collectors.
      3. Collector street: designed as the principal arteries within residential and commercial areas, carrying higher volume of traffic.
      4. Arterial street: facility designed mainly for higher volume, higher speed through traffic, between communities and larger activity areas, and to connect to major state and interstate highways.
      5. Parkways: divided arterial streets with full or limited access.
   3. Dead-End Streets. Dead end streets, designed to remain so permanently shall be no longer than 800 feet except where land cannot be otherwise subdivided and shall be provided with a cul-de-sac of at least 50 feet in radius.
   4. Street Names. No street names shall be duplicated or be confused with names of existing streets. Proposed street names shall be checked with the Charleston County 911 Coordinator for confirmation. Street names shall receive final approval from the Planning and Zoning Commission. Street name signs shall be installed by the development in accordance with the South Carolina Uniform Manual on Traffic Control Devices.
   5. Street Design. Except as provided under Section 4.1.8, all lots shall be provided access by means of streets which have been constructed in conformance with the following standards or to SCDOT requirements as appropriate, and dedicated in accordance with these regulations, with access to an existing street which has been accepted for continual maintenance by the State or County.
   6. Private Streets must be constructed in accordance with an approved street plan. The landowner/developer is responsible for submitting road plans that are designed to adequately support traffic, allow for emergency service vehicles, buses and utility vehicles and have provisions for proper drainage. The landowner/developer is also responsible for ensuring the road is constructed as approved. Maintenance of private streets shall be the responsibility of the developer or property owners as indicated in the approved covenants.
   7. Alternative Surface Materials. Rock or earth roads may be allowed for rural roads, if adequate drainage is provided and a maintenance agreement or bond is provided to ensure continuing maintenance of the road.
   8. The Town’s standard non-industrial asphalt pavement section is minimum 1 1/2 inches hot plant mix asphaltic concrete with prime coat on minimum 6-inch compacted stabilized aggregate base course on prepared subgrade, in accordance with Charleston Transportation Commission standards. A prime coat is recommended where FABC will not be paved within 2 weeks. Geotechnical data shall be submitted to substantiate the design of all new arterial roads and collector roads.
   9. Roadway Drainage. Roadside ditching or curb and gutter piped systems as detailed in the Charleston County Standard Specification for Design and Construction of Roads and Drainage Systems shall be required for roads dedicated for public maintenance. Private roadways shall provide for adequate slope for proper drainage.
7. A storm drainage system designed to protect proposed development from flooding shall be provided for every major subdivision. The system shall be adequate to carry off all storm water in its drainage area, shall not increase the hazard of flooding down grade from the proposed development to the specifications of the S. C. Storm Water Management and Sediment Reduction Act.
   
   ROAD STANDARDS
   
   

   STANDARD	Collector	Subcollector	Access	Earth Roads1
   Minimum Lane Width	10'	10'	10'	10'
   Minimum Right-of-Way width2	60'	50'	50'	50'
   Construction Material	paved	rock or paved	rock, paved or approved alternative	earth
   Maximum Cul-de-Sac Length	1,500'	1,500'	1,500'	800'
   Minimum Cul-de-Sac Pavement Radius	35'	35'	35'	30'
   Minimum Cul-de-Sac Right-of-Way Radius	50'	50'	45'	40'
   Minimum Finish Grade Street Centerline Elevation (MSL)	6.5'	6.5'	6.5'	6.5'
   Minimum Centerline Grade	0.4%	0.4%	0.4%	0.4%
   Maximum Centerline Grade	8%	8%	8%
   Minimum Design Speed	35 mph	30 mph	25 mph	20 mph
   Minimum Sight Distance	250'	250'	200'	200
   Minimum Vertical Clearance (feet at pavement edge)	15'	15'	15'	15'
   Minimum Intersection Radius (back edge of road)	25'	25'	20'	20'
   Minimum Intersection Offset	125'	125'	125'	125'
   Minimum Intersection Angle	90°	90°	90°	90°

   ¹ Earth roads in new subdivisions are currently not accepted by Charleston County for public maintenance. Rock road may be accepted for public maintenance if constructed to County standards.
   ² The minimum road right-of-way shall be the required width of 50' for travel way (lane width), plus safety space (shoulders), plus drainage and utility areas.
   

1. All subdivision grading shall be done in such a manner as to preserve natural vegetation and topographic features. Where extensive grading is required for road and other improvements, the topsoil shall be removed and piled near the site until rough grading is complete, after which the topsoil shall be returned over the portions of the site which are not to be paved.
2. Markers Required. Markers shall be installed prior to final plat approval and placed at all control corners and at other locations where needed and where required by the Charleston County Public Works Engineer. The location and type of markers shall be indicated on the final plat.
3. The developer shall install public water lines and connect to public water service if available within three hundred (300) feet of the property as measured along adjacent rights-of-way for developments over five (5) lots.
4. The subdivider of any subdivision shall lay out, grade, install necessary drainage facilities, build roads of acceptable material and design, install curb and gutter or ditches and otherwise improve all streets that are designed and approved on the preliminary plat, installing all utilities or leaving adequate easements for future installation in accordance with the specifications on the preliminary plat approval.
   1. It is the desire of the Town of Ravenel that all utilities will be located underground to the extent feasible. Toward that end, the Planning and Zoning Commission will, as a condition of the preliminary plat review make a decision as to the feasibility of installing electrical, telephone and other utilities underground.
5. The subdivider of a major development shall submit a street lighting plan and subdivision identification sign design as part of final plat approval.
   

The town recognizes the value of trees for:

1. Purification of air and water;
2. Improvement of stormwater drainage through filtration,
3. Improvement of sediment control, preventing loss due to runoff and wind,
4. Reduction of energy costs by shading of buildings,
5. Lessening noise, glare and other nuisances by buffering buildings from rights-of-way and incompatible land uses,
6. Increasing residential and commercial property values, and
7. Promoting tourism, commerce, and the local quality of life through beautification of the landscape.

(Ord., passed 06-02-92)

The standards as set forth in this chapter are established pursuant to that authority and are intended to supplement that document and guide the mandated preservation of trees during the development process on affected properties (see Sections 5.15.10 through 5-15-23).

(Ord., passed 6-2-92)

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

Border Area. All land within 25 feet of a public or private right-of-way and land within ten feet of any other property line (not a required building setback).

Commercial Nursery Operations. A wholesale or retail horticultural business engaged in the production of plants for the purpose of selling those plants for transplanting to another location.

Commercial Timber Operations. Tracts of five acres or more devoted to the production of marketable forest products through generally accepted silvicultural practices including, but not limited to, harvesting, site preparation and regeneration.

Diameter Breast Height (Dbh). The total diameter, in inches, of a tree trunk or trunks measured 4 1/2 feet above existing grade.

Grand Tree. All preferred specimen trees that are 50 years of age or older.

Interior Area. For purposes of the tree protection requirements of Section 154.17, the interior portion of a lot is that property which lies within the border area of a lot as defined elsewhere in this chapter.

Protected Tree. Any tree with a diameter breast height (DBH) of at least 24 inches.

Required Trees. Term used to refer, either collectively or separately, to all trees required to be retained or replaced by Sections 154.30 through 154.43, including: All significant trees, all protected trees in the border area and all protected trees necessary to meet diameter requirements on the remaining interior portion of a lot.

Significant Tree. Any tree with a diameter breast height (DBH) of 24 inches or greater, with the exception of any species of pine or gum.

Tree. Any self-supporting woody perennial plant having a single trunk or trunks of two inches DBH or greater and usually having branches.

Removal of trees in excess of 24 inches in diameter, excluding pine and gum, is prohibited prior to the issuance of a tree removal permit by the town. Tree removal permits will be issued only after a tree plan is approved by the Mayor, as outlined in Section 5.15.15. Failure to obtain a tree removal permit prior to removal, in violation of this chapter, constitutes a misdemeanor.

(Ord., passed 6-2-92) Penalty, see Section 6.3

With regard to the preservation of trees, site development will be subject to the following process:

1. Commercial sites and commercial subdivisions must submit approved recorded plat, development site plan and tree plan (see Section 5.15.15) for Mayor’s review.
2. Approval of tree plan.
3. Compliance with all zoning, subdivision, drainage, road and Health Department requirements.
4. Tree removal permit granted for tree removal. (No fee required.)
5. Zoning and Building permits granted.
6. Tree protective barrier placed around all required trees and other trees developer desires to save. (See Section 5.15.16., Tree Protective Standards.)
7. Site subject to random inspections during construction to verify protection of trees.
8. Completion of construction and paving around trees subject to guidelines. (See Section 5.15.9., Separation of Trees and Pavement.)
9. Planting of replacement trees per approved tree plan.
10. Mayor contacted by owner, developer or contractor to schedule a tree preservation compliance inspection prior to issuance of the certificate of occupancy by the Department of Building Services.
11. Certificate of Occupancy issued; establishment opens.
12. The Mayor visits site to verify continued health of replaced or replanted trees during random inspections.
13. Three years after the granting of the certificate of occupancy is issued, the Mayor shall perform a follow-up site inspection to verify continued health of all required trees.

(Ord., passed 6-2-92)

1. Tree plan(s) of the same scale as, or superimposed on a development site plan (see Section 4.6) or preliminary plat shall include:
   1. Where tree plan is included on a preliminary plat, in accordance with Chapter 5, Subdivision Regulations, the name, address, signature and seal of the licensed surveyor and civil engineer, registered in the state, shall be provided.
   2. In cases where a landscape architect, civil engineer or surveyor utilizes previously approved recorded plats prepared by surveyors, for the purpose of showing a tree plan, the name, address, signature and seal of the licenses landscape architect, civil engineer or surveyor, registered in the state, who shall be responsible for the accuracy of information provided. (Assistance in tree identification and condition may be provided by a forester or arborist.)
   3. Location, number, size (DBH) and species of all trees of 24 inches or greater diameter breast height (DBH). (Trees within five feet of each other may be designated in groups, with the predominant species, established number and average diameter indicated.)
   4. Location, number, size (DBH) and species of all trees to be preserved, and those scheduled to be removed (including dead and diseased trees) and replaced.
   5. A plan outlining the manner in which trees are to be protected during development.
   6. For developments of ten acres or greater requiring larger open space areas, including, but not limited to, parks, playgrounds and golf courses, a scaled high resolution black and white aerial photograph or print of equal quality may be substituted in cases where the Mayor determines that it would provide the same information as a tree plan. (Refer to Administrative Guidelines for Tree Preservation and Landscaping, Town of Ravenel, S.C.)
   7. In addition, tree plan(s) required for preliminary subdivision applications on partially exempted properties or nonexempt properties which include proposed road or easements or extensions of existing roads or easements shall indicate the location, size and species of all significant trees within rights-of-way or easements and in the areas adjacent to each side of the right-of-way easement, extending to a depth to be determined by the Mayor.
2. Standards for Measurement.
   1. All trees shall be measured with a standard diameter tape or to diameter tape standards of dividing the circumference by 3.14.
   2. Trees shall be measured 4.5 feet above the highest ground level at the base of the tree.
   3. If the tree trunks split at ground level and do not share a common base, then each truck shall be measured as a separate tree.
   4. If a multi trunk tree splits below the 4.5 foot mark coming out of a common base, the trunks will be measured and combined as one DBH and will count as one tree.
   5. If a multi trunk tree splits at or above the 4.5 foot mark, then it shall be considered one tree and have one DBH measurement.
3. For survey notations and special information with regard to survey preparation, where necessary, the following procedures should be followed:
   1. On all surveys, tree species may be indicated with abbreviations and DBH and use of an abbreviation key as shown in the examples below. The Mayor will not accept surveys using unlabeled symbols with a separate species/DBH key. Groups of individual trees located together should be indicated as clusters and multi-stem trees as “double-species name,” “triple-species name” and the like. (See examples below.)
   2. Survey labeling examples:
      
      20" Oak Cluster
      24" L.O.
      8" DW
      30" P
      18" Triple Oak
   3. In cases where a large number of significant trees will be affected, the Mayor may request additional survey information where necessary to determine alternate alignments. In those cases, surveyors will be asked to survey adjacent areas up to 25 feet in depth on either side of the easement.
   4. Wetlands and other unusable features of a site which would prevent shifting of easements or right-of-way to adjacent areas must also be included in a tree survey.

(Ord., passed 6-2-92)

1. For developments of ten acres or greater requiring large open space areas, including but not limited to, parks, playgrounds and golf courses, a scaled high resolution black and white aerial photograph or print of equal quality may be substituted in cases where the Mayor determines that it would provide the same information as a tree plan.
2. The suitability of these photographs as substitutes for tree plans will be determined on a case by case basis by the Mayor based on the scale and clarity of the photography. Developers wishing to use these are urged to first confer with the Mayor and to provide black and white aerials available from the County Assessors tax map office to provide an idea of the relative density of foliage in the area.

(Ord., passed 6-2-92)

1. Tree Protective Zone. Tree protection zones will be designated by the Mayor and will generally consist of the area just outside of the tree’s canopy. The protection zone for a significant tree will include no less than the total area beneath the tree’s canopy, as defined by the farthest dripline of the tree.
2. Placement of Tree Protective Barriers.
   1. Prior to construction, tree protective barriers shall be placed around all required trees and any other trees located near construction activity which are to be saved. These barriers will be located just outside of the tree’s canopy or other area as determined by the Mayor.
   2. Protective barriers shall remain in place until construction is completed.
   3. Areas within the protective barriers shall be free of all building materials, dirt, chemicals, construction debris, vehicles and development activities.
   4. No disturbance shall occur within the protective area of a required tree without prior approval by the Mayor.
3. Specifications of Tree Protective Barriers. All tree protective barriers will be approved by the Mayor. Highly recommended is fluorescent polyethylene laminar safety fencing, minimum four feet in height, which is flexible and reusable. Also acceptable is a securely installed post and rail wooden fence, minimum of four feet in height with a minimum of two-inch by four-inch rail. The fence shall be made highly visible with a fluorescent orange paint.
4. Activities Within Tree Protection Zones. Any changes in grade and installation of impervious surfaces changes within the tree protection zone will be permitted subject to the following guidelines:
   1. All tree protective fencing and erosion control barriers must be installed prior to and maintained throughout the land development process, including tree removal, site grading and building construction. The barriers will not be removed until landscaping is installed.
   2. Changes in grade should comply with the South Carolina Land Resource Conservation Commission, Section 2.10 of Erosion and Sediment Control Practices for Developing Areas and with the South Carolina Coastal Councils Stormwater Management Guidelines.
   3. Grade changes with and aeration system will allow moderate fill within a tree’s critical root zone. Commercially available aeration systems are subject to approval by the Mayor. A decrease in grade is best accomplished with the use of retaining walls or terracing.
5. Soil Compaction. Where soil compaction will occur due to traffic or material storage, the tree protection zone must first be mulched with a minimum of four-inch layer of processed pine bark or wood chips or a six-inch layer of pine straw.
6. Root Cutting. All roots to be removed in and around tree protection zones should be severed clean. Exposed roots will be covered with a two-inch layer of mulch.
7. Remote Disturbance Areas. In areas remote from land disturbance, ropes or flagging may be used. Ropes and flagging must completely surround these areas (passive tree protection). Flagging must be heavy mill, minimum four inches wide. These barriers must be accompanied by “KEEP OUT” or “SAVE TREE” signage.
8. Tree Pruning. Pruning of all trees must be done according to the National Arborists Association, Pruning Standards for Shade Trees. (Ord., passed 6-2-92) Penalty, see Section 6.3.
   

Pavement distance from a tree will vary due to the tree, size, age, species, condition and location of the majority of the root system. This will be determined on a case by case basis. As a general rule paving would be allowed within 30% to 50% of the tree’s canopy area. During construction, approved barriers should be placed outside of the dripline area. When paving is to take place the barriers can be adjusted to the approved location around the tree. All trees in parking areas shall have permanent barriers (such as curbs and gutters or secured railroad ties) around them in the agreed distance from that tree. (Ord., passed 6-2-92) Penalty, see Section 6.3.

1. Trees are an essential natural resource, an invaluable economic resource and a priceless aesthetic resource. Trees play a critical role in purifying air and water, providing wildlife habitat and enhancing natural drainage of stormwater and sediment control. They also help conserve energy by providing shade, and shielding against noise and glare. Trees promote commerce and tourism by buffering different land uses and beautifying the landscape.
2. Trees enhance the low country quality of life as a sacred and inseparable part of its historical legacy. Consequently, the town intends to exercise its state-mandated powers to enhance the health, safety and welfare of its citizens with this section of comprehensive regulations designed to preserve trees.

(Ord., passed 6-2-92)

The provision set forth herein in their entirety shall apply to all real property in town which:

1. Is presently zoned or where an application is pending for rezoning to multi-family residential, mobile home residential, Planned Development, office, parking or commercial districts, or
2. Is designed as appropriate for rezoning to multi-family residential, mobile home residential, Planned Development, office, parking or commercial, or districts under a Council-approved land use plan.

(Ord., passed 6-2-92)

The following categories of properties or activities shall be exempt from all or some of the provisions of this section as set forth:

1. Partial Exemptions.
   1. Properties or activities listed below shall be exempt from the provisions of this section except with regard to the removal of significant trees.
      1. Single-family residential or agricultural zoned properties for which preliminary subdivision application has been made proposing new roads or easements will be subject only to the following provisions of this chapter: 1). Administration and enforcement., 2). Tree survey(s) 3). Tree preservation. 4). Tree removal. 5). Tree replacement.
      2. Other single-family residential or agricultural zoned properties will be subject only to the following provisions of this Chapter: 1). Tree preservation, 2) Tree removal, 3). Tree replacement.
   2. Properties zoned as industrial (LI) districts shall be exempt from tree preservation requirements for the interior portion of a lot, but shall be subject to all other provisions of this section. (Tree surveys to be provided for border areas and for rights-of-way is applicable.) See also full exemptions.
2. Full Exemptions. Activities listed below shall be exempt from all provisions of this subchapter excluding Grand trees which must be protected at all times:
   1. Electric suppliers and public utilities and Charleston County Public Works.
      1. This subchapter shall not restrict the ability of public utilities, electric suppliers and Charleston County Public Works from maintaining safe clearance around existing utility lines, drainage ditches and existing easements in accordance with existing maintenance agreements and practices. Siting and construction of future water, sewer, gas, telephone, drainage, communications, electrical lines or other easements shall be exempt from the provisions of this subchapter.
      2. Utility easements for which the town granted conditional use approval prior to adoption of this Section shall be fully exempt.
   2. Commercial timber operations: Commercial timber operations shall be exempt from the provisions of this Section.
   3. Commercial nursery operations: Commercial nursery operations shall be exempt from the provisions of this Section.
   4. Agricultural uses: Removal of trees for the purpose of establishing agricultural uses, shall be exempt from the provisions of this Section.
   5. Charleston County Aviation Authority: Removal of trees for the purposes of maintaining safe clearance for aircraft as required by federal law or the establishment of facilities exclusively dedicated to aviation operations on property owned or leased and in use by the Charleston County Aviation Authority will be exempt from the provisions of this section.

(Ord., passed 6-2-92)

Removal of required trees is prohibited prior to the issuance of a tree removal permit by the town. Tree removal permits will be issued only after a tree plan is approved by the Mayor, as outlined in this Section. Failure to obtain a tree removal permit prior to removal, in violation of this chapter, shall be considered a misdemeanor.

(Ord., passed 6-2-92) Penalty, see Section 6.3.

Tree plan(s) by a licensed registered surveyor, civil engineer or landscape architect, shall be required for:

1. Preliminary subdivision applications which include proposed roads or easements, or extensions of existing roads or easements.
2. Planned development rezoning requests and/or
3. Applications for tree removal permits to remove trees for site development (an approved, recorded plat and development site plan must accompany tree survey (s)).

(Ord., passed 6-2-92)

Tree plan(s) of the same scale as, or superimposed on a development site plan or preliminary plat shall include:

1. Where a tree plan is included on a preliminary plat in accordance with the town subdivision regulations, the name, address, signature and seal of licensed surveyor and civil engineer, registered in the state, shall be provided.
2. In cases where a landscape architect, civil engineer, forester or surveyor utilizes previously approved recorded plats prepared by surveyors, for the purpose of showing a tree plan, the name, address, signature and seal of licensed surveyor and civil engineer, registered in the state, shall be provided.
3. In cases where a landscape architect, civil engineer, forester or surveyor utilizes previously approved recorded plats prepared by surveyors, for the purpose of showing a tree plan, the name, address, signature and seal of the licensed landscape architect, civil engineer, forester or surveyor, registered in the state, who shall be responsible for the accuracy of information provided. (Assistance in tree identification and condition may be provided by a forester or arborist);
4. Location, number, size (DBH) and species of all trees of 24 inches or greater diameter breast height (DBH). (Trees within five feet of each other may be designated in groups, with the predominant species, estimated number and average diameter indicated);
5. Location, number, size (DBH) and species of all trees to be preserved, and those scheduled to be removed (including dead and diseased trees) and replaced;
6. A plan outlining the manner in which trees are to be protected during development;
7. For developments of ten acres or greater requiring large open space areas, including but not limited to, parks, playgrounds and golf courses, a scaled high resolution black and white aerial photograph or print of equal quality may be submitted in cases where the Mayor determines that it would provide the same information as a tree plan. (Refer to Administrative Guidelines for Tree Preservation and Landscaping, Town of Ravenel, SC)
8. In addition to division (A) above, tree plan(s) required for preliminary subdivision applications on partially exempted properties (Section 5.15.12) or full exempt properties (Section 5.15.12) which include proposed roads or easements or extensions of existing roads or easements shall indicate the location, size and species of all significant trees within rights-of-way or easements and in the areas adjacent to each side of the right-of-way easement, extending to a depth to be determined by the Mayor.

(Ord., passed 6-2-92)

Protective barricades shall be placed around all required trees in or near development areas, as determined by the Mayor, prior to the start of development activities. These barricades, fluorescent polyethylene laminar safety fencing shall be erected in accordance with standards provided by the Mayor and shall remain in place until development activities are complete. The area within the protective barricade shall remain free of all building materials, dirt, fill or other construction debris, vehicles and development activities.

(Ord., passed 602-92)

Paved areas shall be separated from trees by a minimum distance deemed necessary to protect the tree’s root system, as determined by the Mayor.

(Ord., passed 6-2-92) Penalty, See Section 6.3

1. The Mayor shall periodically visit development sites prior to completion to monitor compliance with the tree plan approved for a project.
2. Prior to issuance of a Certificate of Occupancy for a completed structure by the Department of Building Services, the Mayor shall issue a statement of approval attesting to the developers’ compliance with the tree plan approved for their project. The Department of Building Services shall withhold certificates of occupancy pending verification of compliance. It is the responsibility of the owner or agent to contact the Mayor regarding the compliance inspection. These inspections will occur within five working-days of contact.
3. Three years after issuance of the Certificate of Occupancy, the Mayor shall again perform a site inspection to verify the health of trees which were retained to meet the requirements of this section and which may have suffered damage due to insufficient protective measures during development.
4. Each required tree that is determined by the Mayor to be diseased or injured to the extent it is irreparably damaged shall be approved for removal. The burden of proof of the extent of the disease or injury shall rest with the applicant, who must provide documentation from a tree service.
5. The owner(s) of a nonexempt property or properties shall be responsible for the maintenance of all required trees. No department or agent of the town is in any way responsible for the maintenance of required trees.

(Ord., passed 6-2-92)

In the event that a tree poses a serious and imminent threat to public safety due to death, disease or damage resulting from emergencies including, but not limited to fires, flooding, storms, natural disasters or negligence, the Mayor may waive requirements of this section. Written findings must later be issued, outlining the threat to public safety which initiated the removal. The Mayor may require replacement of required trees which are removed where it is determined that death or disease were caused from negligence.

(Ord., passed 6-2-92)

Requests for Variances from the requirements of this Section may be filed with the Mayor and Council as outlined in Administrative guidelines for Tree Preservation and Landscaping, Town of Ravenel, SC.

1. Significant Trees. On the entirety of any zoning lot, the removal of significant trees is prohibited.
2. Other Required Trees.
   1. Upon the issuance of a tree removal permit, tree removal must comply with division (B) (2) below.
   2. Border Area. Within the border area all trees of 24 inches or greater DBH are to be preserved, with the exception of areas to be developed with necessary driveways, roads, easements and drainage structures permitted by and constructed in accordance with applicable town subdivision, road code and other Public Works Department requirements, and the requirements of this chapter.
3. Preferred Specimen Trees. The preservation of preferred specimen trees is highly encouraged. Healthy trees of a sufficient diameter, height and shape, as identified (site-specifically) by the Mayor, may be retained in fulfillment of the preceding requirements where it is determined that they are equivalent assets, by comparison with existing protected trees, in providing shade, improving drainage or contributing aesthetically to a site. (See Administrative Guideline for Tree Preservation and Landscaping, Town of Ravenel.)
4. Undevelopable Areas.
   1. Required drainage improvements such as detention and retention ponds located within the interior portion of a tract will be subtracted from the area used to calculate interior tree preservation requirements.
   2. Where trees are retained within wetland areas, they may be used to fulfill the requirements for border areas, they may be used to fulfill the requirements for border areas as listed in division (B) (2) of this section. Wetlands will be subtracted from the area used to calculate interior tree preservation requirements.

(Ord., passed 6-2-92) Penalty, see Section 6.3.

1. Generally.
   1. Where difficulties are encountered in compliance with tree preservation requirements, private site design professionals are encouraged to consult with the Mayor. Permits for tree removal may be approved where one or more of the following conditions are deemed to exist by the Mayor.
      1. Trees are not required to be retained by the provisions of this subchapter;
      2. Trees are diseased, dead or dying;
      3. Trees pose a safety hazard to nearby buildings, or pedestrian or vehicular traffic;
      4. Trees prevent essential grade changes or all reasonable utility installations;
      5. Trees prevent all reasonable site configurations;
      6. Removal of trees is the only reasonable means by which building, zoning, subdivision, health, public safety or other town requirements can be met.
      7. Replacement of required trees for which removal has been authorized shall follow the requirements listed below.
2. Significant Trees. Significant trees may be removed only where approved by the Mayor and Council and shall be replaced according to a schedule determined by the Council. The Mayor will make recommendations to the Council concerning the number, species, DBH and placement of those trees.
3. Emergency Provisions. Trees may be removed under emergency conditions as Section 5.15.19.

(Ord., passed 6-2-92) Penalty, see Section 6.3

Tree replacement shall be required accompanying development on all nonexempt properties in the manner described below and under the following circumstances:

1. Wooded Site with Interior of 160 Inches or Greater DBH. Where tree(s) have been removed from a lot illegally, replacement tree(s) shall be planted in the same general area according to a replacement schedule approved by the Mayor.
2. Site with Interior of Less than 160 Inches Combined DBH. Where lots lack a sufficient number of trees to meet the interior lot requirement for DBH/number of trees per acre, all trees of 24 inches or greater shall be preserved and must equal no less than 40 inches per acre combined DBH. On lots with less than 40 inches per acre combined DBH, additional tree(s) shall be planted on the interior of the lot equaling or exceeding 40 inches per acre combined DBH. Planting schedules shall be approved by the Mayor.
3. Tree Removed Without Permits.
   1. Generally.
      1. Where sites were completely cleared of trees prior to development, in violation of this subchapter, trees shall be replaced in accordance with a replacement schedule approved by the Mayor and Council.
      2. The Mayor shall recommend the number, species, DBH and location of replacement trees, according to the following criteria:
         1. Combined DBH of which equals or exceeds 80 inches per acre, and
         2. One-half of individual replacement trees are four inches or greater DBH.
4. Significant Trees.
   1. Where significant trees have been removed in violation of this chapter or where removal is necessitated at any time due to acts of negligence, trees shall be replaced in accordance with a replacement schedule approved by the Mayor and Council. The Mayor shall recommend the number, species, DBH and location of replacement trees, according to the following criteria:
      1. Combined DBH of replacement trees is equal to or greater than three times the DBH of the tree removed; or
      2. Individual replacement trees are of the largest transplantable DBH available.
   2. Where significant tree removal is necessitated by emergencies (See Section 5.15.19) or death and disease of trees due to natural causes, as determined by the Mayor, replacement will not be required.

(Ord., passed 6-2-92) Penalty, see Section 6.3.

1. Should violations be noted during the course of a project or at final inspection, the Mayor shall take appropriate actions, including, but not limited to, requiring: Replacement of required trees which are damaged, diseased, dying or dead; remedial actions to protect trees during construction; revocation of zoning permits; and denial of Certificates of Occupancy.
2. Violations of this chapter, unless remedied by actions and within the time frame prescribed by the Mayor will be prosecuted as provided under Section 6.3.

(Ord., passed 6-2-92)

Any person, firm, organization, society, association or corporation, or any agent or representative thereof who commits, participates or assists in removal of trees in violation of this chapter may each be found guilty of a separate offense and suffer the penalties provided in Section 6.3.

(Ord., passed 6-2-92, amended 01-20-00)