A.

Scope. These regulations control the SUBDIVISION of land and the opening or extension of any streets or roads within the TOWN. They provide for review of the plans and specifications by the PLANNING COMMISSION regarding the width, character, and location of streets, alleys, and roads in SUBDIVISIONs; and the plans for locating water mains, sewer lines, and other utilities. Before any SUBDIVISION, street, alley, or road shall be laid out, they shall be required to have the approval of the PLANNING COMMISSION, unless expressly exempt from the provisions of this article.

B.

Purpose. The public health, safety, economy, good order, appearance, convenience, and general welfare require the harmonious, orderly, and progressive DEVELOPMENT of land. In furtherance of this general intent, the regulation of land DEVELOPMENT by municipalities is authorized for the following purposes, among others, as stated in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, S.C. Code of Laws, Section 6-29-1120, as amended:

1.

To encourage the DEVELOPMENT of economically sound and stable municipalities;

2.

To assure the timely provision of required roads, utilities, and other facilities and services to new land DEVELOPMENTs;

3.

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

4.

To assure the provision of needed 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

5.

To assure, in general, the wise and timely DEVELOPMENT of new areas, or redevelopment of areas in harmony with the TOWN's COMPREHENSIVE PLAN.

A.

Exempt SUBDIVISIONs.

1.

Criteria. The following types of SUBDIVISIONs are exempt from the PLANNING COMMISSION review process outlined in this article. Exempt SUBDIVISIONs are those that meet any of the following conditions:

a.

The division of land into parcels of five (5) acres or more where no new street is involved.

b.

The combination or recombination of portions of previously platted LOTs where the total number of LOTs is not increased; the resultant LOTs comply with the requirements of this ordinance; and where no new street or change in existing streets is involved.

c.

The public acquisition by purchase of strips of land for widening or opening of streets.

d.

When the boundaries of contiguous properties are altered for the purpose of transferring title of a portion of one parcel to the owner of an adjacent parcel; provided, no additional lot is created and a statement is made on the PLAT describing the transaction and certifying that both resulting parcels remain in conformance with all LOT AREA, LOT COVERAGE, LOT WIDTH, and SETBACK requirements of this ordinance.

e.

Where properly platted LOTs or parcels are created and approved as a result of court action, the ZONING ADMINISTRATOR may waive the requirements relevant to the design and IMPROVEMENT specifications. Where the newly created LOTs or parcels do not meet the requirements of this ordinance or suffer other shortcomings rendering them unfit for BUILDING purposes, he or she shall consult with the TOWN attorney for possible legal action.

2.

Review Procedure. The ZONING ADMINISTRATOR shall be responsible for review and approval of exempt SUBDIVISIONs.

3.

Submittal Requirements. The application and content for a preliminary PLAT, as specified in Section 15.3 B., shall be applicable to exempt SUBDIVISIONs. The ZONING ADMINISTRATOR may waive any information required by Section 15.3 B.2. if, in his or her sole discretion, such information is determined to be unnecessary for review of the proposed exempt SUBDIVISION.

B.

Minor SUBDIVISIONs.

1.

Criteria. Minor SUBDIVISIONs are land DEVELOPMENTs that consist of subdividing a tract or parcel of land into 10 or fewer LOTs; provided:

a.

No street right-of-way dedications are involved;

b.

No UTILITY or drainage EASEMENTs are found necessary;

c.

No new or residual parcels are created which do not conform to the requirements of these regulations;

d.

The division is not considered an exempt SUBDIVISION; and

e.

The subject tract or parcel is not abutting vacant land in common ownership by the applicant.

2.

Review Procedure. The ZONING ADMINISTRATOR shall be responsible for review and approval of minor SUBDIVISIONs.

3.

Submittal Requirements. The application and content for a final PLAT, as specified in Section 15.3 D.2., shall be applicable to minor SUBDIVISIONs; provided, the notification requirements for a preliminary plan, as specified in Section 15.3 B.1. and the time limits and review criteria specified in Sections 15.3 B.3 and 15.3 B.4, respectively, shall be met.

C.

Major SUBDIVISIONs.

1.

Criteria. Major SUBDIVISIONs are land DEVELOPMENTs that consist of subdividing a tract or parcel of land into more than 10 LOTs or which involve street right-of-way dedication or UTILITY or drainage EASEMENTs. For purposes of this section, any application for a CONSERVATION SUBDIVISIONs, submitted pursuant to Section 5.4 of this ordinance, shall be deemed a major SUBDIVISION.

2.

Review Procedure. The PLANNING COMMISSION shall be responsible for review and approval of major SUBDIVISIONs.

3.

Submittal Requirements. The application and content for a preliminary PLAT, construction plan, and final PLAT, as specified in Section 15.3, shall be applicable to major SUBDIVISIONs.

A.

Application. Requests for review and approval of any SUBDIVISION shall be submitted to the ZONING ADMINISTRATOR on an application form made available for that purpose. The application shall include a fee, as established by TOWN COUNCIL, and all required drawings, documents, and information specified in this section. Incomplete applications or documentation will not be accepted and shall be returned to the applicant without further processing. The ZONING ADMINISTRATOR shall send a copy of the application by mail to the owners of all real property, as shown on current tax records, located within 300 feet of the boundaries of the property to be subdivided.

B.

Preliminary PLAT.

1.

Application and Notification.

a.

Application for a preliminary PLAT approval shall be accompanied by two (2) prints and one (1) electronic plan set which include all information specified in this subsection. The ZONING ADMINISTRATOR, upon determining that the application is complete, shall distribute copies of the preliminary PLAT to the PLANNING COMMISSION and to those individuals, agencies, organizations, or other interested parties that may have expressed an interest in receiving such applications. The ZONING ADMINISTRATOR shall compile and maintain such a list.

b.

The PLANNING COMMISSION shall receive each completed application no less than 30 days prior to the date upon which the application will be first considered.

2.

Preliminary PLAT Requirements.

a.

Plans shall be drawn on a sheet size of not less than 24 inches by 36 inches.

b.

Where parcels larger than 10 acres are being proposed for SUBDIVISION, plans shall be drawn at a scale no smaller than one (1) inch equals 100 feet and may be drawn on more than one (1) sheet.

c.

For parcels of 10 acres or less, a scale of one (1) inch equals 50 feet (1"=50') shall be used.

d.

Even though an applicant intends to subdivide only a portion of a parcel or tract of land initially, the preliminary PLAT shall show a proposed street and LOT layout, drainage plan, and other requirements for the entire parcel or tract in which such portion is contained; provided, the PLANNING COMMISSION may waive this requirement on a finding that such a complete layout is not necessary to carry out the purposes of these regulations.

e.

The following information shall be required on each preliminary SUBDIVISION PLAT:

i.

The title, scale (including graphic scale), north arrow (magnetic, grid, or true), preparation date and subsequent revision dates, name of subdivider, and the name of engineer or surveyor with a seal and South Carolina Registration Number.

ii.

All existing physical features of the land, including contours, drainage ditches, and roads. All contour information shall be based on MEAN SEA LEVEL datum and shall be accurate within one-half (½) foot. The Benchmark, with its description, and the datum used for the survey shall be clearly noted on the PLAT.

iii.

Existing tree canopy coverage, as required by Section 11.3.D.1.

iv.

The courses and distances of the perimeter of the land involved, with the courses marked to show which are actual field observations and which are computed.

v.

References to a known point or points such as street intersections and neighboring parcels.

vi.

The total GROSS ACREAGE and NET ACREAGE of the land involved in the SUBDIVISION.

vii.

The names of adjacent landowners and streets, where known or available, and all intersecting boundaries or property lines.

viii.

Proposed divisions to be created, including the right-of-way widths, roadway pavement widths, and names of streets; the locations of proposed UTILITY installations; lot lines with dimensions and angles; LOT AREA in square feet; sites reserved or dedicated for public uses OPEN SPACE; and sites for non-RESIDENTIAL USEs.

ix.

A topographic survey showing contours at one (1) foot intervals.

x.

General drainage features, including the proposed direction of drainage on each street, ditch, and LOT indicated using arrows and proposed street names.

f.

Accompanying Information.

i.

The preliminary PLAT shall be accompanied by a statement confirming the availability of public water and sewer and indicating the distance to and location of the nearest public water supply and public sanitary sewer lines.

ii.

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

iii.

The preliminary PLAT shall be accompanied by a construction traffic plan which identifies the measures to be undertaken by the applicant to protect existing neighborhoods, vehicular and pedestrian traffic, protected trees, vegetation, and CRITICAL AREAS from the potential impacts of construction traffic during development.

3.

PLANNING COMMISSION Action.

a.

A decision to approve, conditionally approve, or disapprove the application shall be rendered within 60 days of receiving a complete application. Notice of such action shall be mailed to the applicant within five (5) business days of the date when the decision was made.

b.

Failure by the PLANNING COMMISSION to act within 60 days of the receipt of a complete preliminary PLAT application is deemed to constitute approval, and the applicant must be issued a letter by the ZONING ADMINISTRATOR of approval and authorization to proceed based on the plans and supporting documentation presented.

c.

When a complete application for approval of a preliminary PLAT has been submitted in accord with these requirements, and it is apparent no action will be taken within 60 days, the time limit may be extended by mutual agreement of the PLANNING COMMISSION or ZONING ADMINISTRATOR and the applicant.

d.

No IMPROVEMENTs shall be made, nor shall permanent markers or monuments be installed, prior to receiving preliminary PLAT approval from the PLANNING COMMISSION.

e.

Pursuant to Section 1.6, an approved preliminary PLAT shall be valid for two (2) years from the date of its approval, plus up to five (5) annual extensions. All requests to extend a preliminary PLAT approval shall be made and considered as provided in Section 1.6.

4.

Criteria for Review. The PLANNING COMMISSION shall consider the following criteria before deciding on a preliminary SUBDIVISION application. Whether the proposed SUBDIVISION will:

a.

Comply with all requirements of this ordinance;

b.

Minimize the detrimental impact to the site and surrounding environmental areas, and meet all BUFFER requirements through the protection of significant regulated trees and other distinctive natural vegetation;

c.

Assure safe and convenient ingress to and egress from the property; provide internal circulation, including access of service and emergency vehicles, consistent with TOWN and county standards; proper design of off-street parking and LOADING areas; and written approval from the appropriate federal, state, county, and municipal agencies. To the extent any proposed DEVELOPMENT is not served by a public road, the applicant must provide proof of a right to legally access such property;

d.

Be designed and located to mitigate the effects of tidal surge, flooding, and other natural hazards associated with placing such DEVELOPMENT on a barrier island, to ensure the availability of sufficient BUILDING envelope as required by the zoning district in which the property is located;

e.

Minimize environmental damage caused by the destruction of natural vegetation including regulated trees, myrtles, other vegetation, and plant life, along with natural features such as BERMs, sand dunes and CRITICAL AREAS on the site;

f.

Provide all required utilities and services, including adequate fire protection capability; and

g.

Make reasonable provision for recreation facilities and OPEN SPACE to meet the needs of the proposed DEVELOPMENT, taking advantage of available community OPEN SPACE and recreation facilities.

C.

Construction Plan.

1.

After approval of preliminary PLAT and before commencement of any work within the proposed SUBDIVISION, the ZONING ADMINISTRATOR shall submit and coordinate the review of construction plans and profiles by Charleston County, St. Johns Fire District, SCDHEC-OCRM, and other agencies, as appropriate.

2.

The approval of the construction plans shall apply only for the duration of the approved preliminary SUBDIVISION PLAT.

3.

Following approval of the construction plans by the ZONING ADMINISTRATOR and all other outside agencies and entities, construction may commence on the proposed IMPROVEMENTs.

D.

Final PLAT.

1.

Application. Applications for final PLAT approval shall include all information as specified below. The final PLAT may be submitted for approval in phases conforming to the approved preliminary PLAT. Complete applications for final PLAT approval shall be submitted to the ZONING ADMINISTRATOR at least 15 days prior to the next regularly scheduled PLANNING COMMISSION meeting. The original drawing of the final PLAT, which is to be recorded, plus four (4) copies, must be submitted with the application.

2.

Final PLAT Requirements. The final PLAT shall be drawn in ink, on a material specified by the Register of Deeds as acceptable for recording, on 24 by 36-inch sheets, and at a scale of one (1) inch equals 100 feet (1" = 100') or larger. A PDF copy shall also be provided. If necessary, the PLAT may be on several sheets accompanied by an index sheet or key map insert showing the entire SUBDIVISION.

a.

PLAT content. The final PLAT shall show the following:

i.

All information required on the preliminary PLAT, except for topographic data.

ii.

All property lines with accurate bearings or deflection angles. If a control traverse is run between any two (2) points on any property lines, then it shall be noted.

iii.

For property lines which are curves or are in part curves, the following shall be shown: arc length (indicating whether the arc method or chord method was used), Delta angle, degree of the curve, tangent distance, length of curve, and radius. Also, in dashed lines, the chord length from property corner to property corner along the curve shall be shown with appropriate bearings and angles.

iv.

The location of points of intersection where circular curves are not used.

v.

Block and LOT numbers suitably arranged by simple system.

vi.

Certificates.

(a)

A surveyor's certificate as to accuracy of survey and PLAT. "I (name of surveyor), a registered surveyor of the State of South Carolina, do hereby certify that I have surveyed the property shown hereon, that this PLAT shows the true dimensions of the property and that all necessary markers have been installed and the precision is 1: _______ "(state actual precision). The unadjusted field measurement of LOTs and blocks shall be accurate within the standards set forth in the minimum Standards Manual of the S.C. Board of Engineering Examiners."

(b)

A statement of dedication by the property owner of streets, rights-of-way, EASEMENTs, and other sites for public use. If any change in ownership is made after the submission of the PLAT but prior to the granting of final approval, the statement of dedication shall be corrected accordingly.

(c)

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

(d)

Where a parcel of land is proposed to be used as the site for UTILITY substation, power line EASEMENTs or right-of-way, pumping station, pressure regulating station, electricity regulation substation, gas pressure control station, or similar facilities whose nature is such that the parcel's area or width may appropriately be less than the established minimum, a statement which describes the proposed transaction, stipulating the use and certifying that any parcels thus created are not created as individual BUILDING LOTs.

vii.

All EASEMENTs including their widths and centerlines.

viii.

Delineation of the SCDHEC-OCRM CRITICAL LINE.

b.

Accompanying documentation.

i.

A certificate of title or a sworn affidavit establishing the ownership of the land to be recorded. If any change in ownership occurs after the date of the certificate to title or affidavit but prior to the granting of final approval by the PLANNING COMMISSION, then a new certificate of title or sworn affidavit establishing the ownership of the land shall be submitted to the PLANNING COMMISSION.

ii.

In SUBDIVISIONs where existing public water and public sewer systems have been extended and/or a new system installed, a certification of inspection from SCDHEC shall be submitted to the PLANNING COMMISSION.

iii.

When the PLANNING COMMISSION has approved the PLAT, a certificate noting such approval and carrying the signature of the ZONING ADMINISTRATOR shall be placed on the original drawing of the PLAT.

c.

Statements on PLAT. The TOWN reserves the right to require additional statements to be placed upon the PLAT if the proposed SUBDIVISION does not meet all requirements of the SUBDIVISION regulations. These notes shall be included in the approval of the final PLAT. In addition, the following statements shall be placed upon the PLAT if the proposed roads and drainage have not been constructed in conformance with standards and specifications of the TOWN's ROAD CODE:

i.

"The approval of this PLAT does not obligate the TOWN of Seabrook Island in any way to accept for MAINTENANCE any of the roads or EASEMENTs shown hereon."

ii.

"WARNING! Approval of this PLAT by the TOWN of Seabrook Island does not indicate approval nor adjudicate title of the access or right-of-way shown hereon."

d.

Notes for conditional PLATs. Where PLATs are submitted under the PERFORMANCE GUARANTEE for CONDITIONAL approval, the following notes shall be placed on the PLAT:

i.

"This PLAT submitted for pre-selling under the irrevocable letter of credit provision of the TOWN of Seabrook Island SUBDIVISION Regulations."

ii.

"Approval of this PLAT does not authorize occupancy."

iii.

"Duration of approval shall be for one year." The duration of approval should be for two (2) months longer than the time desired or required to complete the amenities for which the bond is posted. The conditional approval will expire approximately two (2) months before the expiration date of the letter of credit (or performance bond). This will permit the TOWN sufficient time to complete the work in the event of default.

iv.

"The approval of this PLAT in no way obligates the TOWN of Seabrook Island to accept for continued MAINTENANCE any of the roads or EASEMENTs shown hereon."

3.

PLANNING COMMISSION Action.

a.

If the final PLAT conforms to the approved preliminary PLAT and the requirements of these regulations, the PLANNING COMMISSION shall grant final approval.

b.

The PLANNING COMMISSION shall grant final approval or shall disapprove the application within 60 days of receipt of a complete application and shall mail notice of its action to the applicant within five (5) business days after the meeting at which the application was considered. Failure of the PLANNING COMMISSION to act within 60 days of the receipt of a complete final PLAT application, shall constitute approval and the applicant shall be issued a letter of approval and authorization to proceed based on the plans and supporting documentation submitted.

c.

When a complete application for approval of a final PLAT has been submitted in accord with these requirements, and it is apparent no action will be taken within 60 days, the time limit may be extended by mutual agreement of the PLANNING COMMISSION or ZONING ADMINISTRATOR and the applicant.

d.

Unless specifically noted on the PLAT and accepted as public by action of the TOWN COUNCIL, all roads and drainage EASEMENTs within the PLAT shall be private. A MAINTENANCE agreement for such privately owned infrastructure shall be filed as part of the final PLAT application.

4.

Recording.

a.

Upon approval by the PLANNING COMMISSION, the ZONING ADMINISTRATOR shall affix his or her signature on the face of the original drawing which is to be recorded. Such approval shall not be noted on the PLAT until all the requirements of these regulations are met.

b.

The ZONING ADMINISTRATOR shall cause the approved final PLAT to be recorded in the Charleston County Register of Deeds Office. A fee may be charged for copying and recording a PLAT in accordance with the adopted fee schedule, pursuant to Section 18.3.

c.

The original drawing of the final PLAT, which is to be filed and recorded, plus four (4) prints of such PLAT, shall be submitted with the application.

d.

One (1) print shall be retained by the ZONING ADMINISTRATOR to be used when necessary for addressing purposes.