Seabrook Island City Zoning Code

ARTICLE 16

SUBDIVISION: DESIGN REQUIREMENTS

Section 16.1 - Purpose.

The regulations in this article are intended to provide for the harmonious DEVELOPMENT and a consistent standard of quality within the TOWN. The objectives are to secure a coordinated street layout and efficient transportation network; to protect residential areas from through traffic and related hazards; to ensure safe and proper street intersection design; to achieve individual LOTs of maximum utility; to secure adequate provision of light, air, water supply, drainage, and sanitary sewer facilities; to facilitate adequate provision of transportation, recreational areas, and other public services and facilities; to provide accurate land records and boundary identification for the convenience and protection of the public; and to ensure the proper recording of survey data prior to selling land.

Section 16.2 - Design Standards.

Minimum Requirements. The following design standards shall be considered minimum requirements; however, higher standards are to be encouraged in SUBDIVISION design.

Blocks. The lengths, widths, and shapes of blocks shall be determined with regard to:

Provision of adequate BUILDING sites suitable to the special needs of the type of use (residential, commercial, community facilities, other) contemplated.

Zoning requirements as to LOT sizes and dimensions.

Need for convenient vehicular and pedestrian access, circulation, control, and safety.

Limitations and opportunities of topography and drainage features.

LOTs. The size and width of LOTs shall be as required by the applicable zoning district regulations and sufficient with respect to depth, shape, and orientation to accommodate reasonable DEVELOPMENT within required BUILDING SETBACK lines and in relation to existing natural features.

Orientation. All quadrangle LOTs and, as far as practical, all other LOTs should have side lines at right angles to straight street lines or radial to curved street lines.

LOT DEPTH. DEPTH of residential LOTs shall not exceed two and one-half (2½) times the width, except in the case of TOWNHOMEs or MULTI-FAMILY DWELLINGs, or in cases where portions exceeding that depth are for the purpose of providing separation from major streets, non-access reservations, EASEMENTs, or CRITICAL AREAS. The DEPTH-to-width ratio shall not apply in cases where the LOT WIDTH exceeds 300 feet for its entire DEPTH.

Clear Vision Corners. CORNER LOTs shall have extra widths where necessary to permit the establishment of clear vision corners, per Section 2.4A.

DOUBLE FRONTAGE (Through Lots). DOUBLE FRONTAGE lots shall not be permitted, except where essential to provide separation of residential DEVELOPMENT from a COLLECTOR STREET. In such case, an EASEMENT of at least 10 feet in width, across which there shall be no right of access, shall be required along the lot lines abutting the COLLECTOR STREET. No right of access shall be granted except by the PLANNING COMMISSION.

Access to Streets. All LOTs shall have FRONTAGE on and be provided access to streets which have been constructed in conformance with the standards and specifications in the TOWN's ROAD CODE.

The PLANNING COMMISSION may approve LOTs, parcels, or tracts that are accessed from PRIVATE STREETs; provided, new streets are constructed in conformance with standards and specifications prescribed in the current version of the TOWN's ROAD CODE.

Approval of PRIVATE STREETs shall be contingent upon a binding provision for continued MAINTENANCE of such streets by SIPOA or other responsible entity approved by the PLANNING COMMISSION. Such association or entity shall be an organization operating under agreements of public record that have been reviewed and considered legally binding by the TOWN attorney. This will ensure that the TOWN shall not be liable for any MAINTENANCE and upkeep responsibilities. The agreements shall provide for an EASEMENT and lien against abutting LOTs or the association for the continued MAINTENANCE of such streets.

Area Subject to Flooding. A PLAT of a proposed SUBDIVISION submitted for approval which contains lands subject to flooding shall clearly identify all FLOOD zones.

ARTERIAL STREETs.

Designation. That portion of Seabrook Island Road lying between the end of Land Fall Way and Kiawah Island Parkway is designated as an ARTERIAL STREET.

Design. Due to the volume of traffic and purpose which ARTERIAL STREETs are intended to serve, access control is warranted to provide and maintain the safe and uncongested flow of vehicles. Such controls may include, without limitation, boulevard design, limits imposed on the number and spacing of individual driveways, and separate turning lanes.

Requirements. The regulations applicable to that segment of Seabrook Island Road under the jurisdiction of the TOWN are specified in Article 8, Seabrook Island Road OVERLAY DISTRICT.

Future ARTERIAL STREETs. As future DEVELOPMENT occurs, the PLANNING COMMISSION may recommend to TOWN COUNCIL the designation of new ARTERIAL STREETs, as defined in this ordinance. Such street(s) shall be subject to the provisions of this article.

Streets. The layout of streets as to location, character, width, and GRADE shall conform to adopted TOWN plans, where applicable. Streets shall be designed to afford convenient access to existing or planned street systems and abutting properties, and to minimize the impact upon topography, natural features, and drainage systems.

No road IMPROVEMENTs shall commence until the ZONING ADMINISTRATOR shall affix his or her signature to the original drawing of the plans and profiles, as submitted. All IMPROVEMENTs shall conform to that set of signed plans and profiles.

LOCAL STREETs shall be arranged to discourage through traffic.

Where a SUBDIVISION abuts or contains an existing or proposed ARTERIAL STREET and where a thoroughfare plan indicates a limited access road, the PLANNING COMMISSION may require FRONTAGE roads or similar marginal access streets, reverse FRONTAGE with screen planting, deeper LOTs, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

Reserve strips or parcels controlling access to streets are prohibited, except where expressly authorized by this ordinance or in instances where the developer demonstrates to the satisfaction of the PLANNING COMMISSION that such strips or parcels are necessary to protect public health or safety, or when the presence of CRITICAL AREAS, WETLANDs, or topography renders the use of such land infeasible.

Off-set street intersections on opposite sides of a street shall be no closer than 125 feet, measured centerline to centerline.

A tangent of at least 100 feet shall be introduced between reverse curves on ARTERIAL STREETs.

Streets shall be laid out to avoid acute angles between streets at their intersections, except in the cases of merging streets.

Property lines at street intersections shall be rounded with a radius of not less than 15 feet. The PLANNING COMMISSION may require larger radii when, in its opinion, such design is advisable to permit the construction of curbs of large radius.

Street right-of-way widths shall be a minimum of 50 feet. For ARTERIAL STREETs, rights-of-way shall be no less than 60 feet wide; provided, the PLANNING COMMISSION may require rights-of-way up to 100 feet in width, depending on traffic volumes and geometric design. In all cases, the subdivider shall be required to dedicate the full width of any required right-of-way to an applicable HOMEOWNER'S ASSOCIATION, in the case of PRIVATE STREETs, or to the applicable public entity for PUBLIC STREETs; provided, the private or public entity accepts that street dedication.

10.

Alleys may be permitted where appropriate to provide for access to off-street parking, LOADING and unloading, and service areas. Alley design and construction shall conform to the requirements of the TOWN's ROAD CODE.

11.

No dead-end street shall exceed 800 feet in length, measured from the edge of the intersecting street to the end of the pavement at the closed end. Where required by the current edition of the International Fire Code, the closed end of any dead-end street shall be constructed with a turn-around with a diameter of 80 feet or such other configuration approved by the St. Johns Fire District that will accommodate maneuvering of fire apparatus in the event of an emergency. A landscaped island shall be installed in the center of the turn-around.

12.

Streets and intersection approaches shall not be excessive in GRADE, not be less than three-tenths ( 3/10 ) of one (1) percent in the gutter profile. Some deviation from these GRADEs may, however, be permitted by the ZONING ADMINISTRATOR, in consultation with the county or a consulting engineer, where necessary, to adjust to topographical conditions.

13.

The inverted crown sections, with or without adjoining parking, shall only be permitted in MULTI-FAMILY DEVELOPMENTs and shall be privately maintained. While a portion of this section may be used for parking facilities and/or access from these facilities, they must connect to service or COLLECTOR STREETs. All sections shall be constructed in conformance with the current edition of the ROAD CODE.

14.

Street names shall be subject to review and approval by the PLANNING COMMISSION. Street names shall be subject to the Street Naming Policy, as provided in Section 16.6.

15.

Street signs shall be designed and constructed in accordance with the requirements of TOWN or SIPOA, as applicable, unless otherwise specified by the PLANNING COMMISSIONs.

Utilities.

Drainage.

The standards set forth in the SCDHEC-OCRM "Stormwater Management Guidelines" shall be used in determining stormwater runoff and CRITICAL AREA standards for any project. Existing natural drainage shall be maintained or relocated in conformance with these design standards.

Drainage requirements for retention and detention must meet SCDHEC-OCRM requirements. Calculations and plans showing these requirements shall be prepared and submitted by a professional engineer registered in the State of South Carolina.

No SUBDIVISION shall block or obstruct the natural drainage of an adjoining area.

LOTs less than 200 feet in DEPTH shall be provided with means for positive drainage and shall have a slope of not less than 0.70 percent to an approved swale, ditch, gutter, or other type of approved drainage facility.

Where an existing ditch is maintained by the TOWN without a drainage EASEMENT, the TOWN may improve the ditch to TOWN standards; provided, the property owner grants and dedicates a drainage EASEMENT in accordance with the requirements of the TOWN's ROAD CODE.

Where an existing SUBDIVISION or developed area has documented flooding or other problems attributable to a poorly performing drainage system and that system is maintained by the TOWN, but is not located within a drainage EASEMENT, the TOWN may be requested to undertake necessary IMPROVEMENTs. The TOWN may agree to perform the necessary work; provided, the property owner grants and dedicates a drainage EASEMENT in accordance with the requirements of the TOWN ROAD CODE. No such IMPROVEMENTs will be made, however, if the required work is to be done by the developer within a reasonable length of time and will correct or considerably improve the drainage situation in the SUBDIVISION or DEVELOPMENT area.

Water and Sewer Service.

The developer shall install public water and public sanitary sewer lines.

No individual subsurface sewage disposal systems are authorized within the TOWN. Only public or private central sewer systems meeting SCDHEC requirements shall be authorized.

EASEMENTs.

Drainage EASEMENTs shall be provided and dedicated in accordance with the requirements of the current edition of the TOWN's ROAD CODE.

EASEMENTs for drainage or sewer along rear and side property lines may be required where deemed necessary by the TOWN. Drainage EASEMENTs shall not be allowed to traverse LOTs except as provided in this article. Redesign of the LOT arrangement may be required to meet extreme drainage conditions.

EASEMENTs shall center along or be adjacent to a common property line where practical.

All EASEMENTs for drainage or sewer shall be cleared of undergrowth, trees, and other obstructions by the developer prior to final approval. This shall not apply to EASEMENTs provided for possible future use.

Electrical and Telecommunication Service. Electrical and telecommunication wires shall be placed underground on the interior of the DEVELOPMENT site, unless otherwise permitted by the PLANNING COMMISSION.

Fire Hydrants. Fire hydrants shall be installed along all SUBDIVISION streets, in accordance with the current edition of the International Fire Code. Fire hydrants shall also be installed along those perimeter streets abutting the SUBDIVISION and with which any SUBDIVISION street intersects. Spacing between hydrants along the perimeter street(s) shall be as required by the St. Johns Fire District.

Section 16.3 - Required IMPROVEMENTs.

Monuments.

A monument shall be set on the right-of-way line at the ends of the block for every block length of street. When blocks occur that have a curve or curves in them, markers shall be set on both sides of the street at the ends of tangents. Monuments shall also be set on right-of-way lines (on each side of the centerline) at angle points when curves are not used. All INTERIOR LOT corners shall be marked.

Monuments shall be one of the following:

A reinforced concrete monument with a brass or copper pin in the top. Concrete monuments shall be a minimum of three (3) feet long and have a minimum cross-dimensional area of nine (9) square inches. They shall protrude above the ground not less than two (2) inches and not more than six (6) inches.

An iron pipe or pins having a minimum diameter or three-fourths (¾) inches hollow or one-half (½) inches solid steel. Such iron pins will be a minimum of two (2) feet in length and shall extend above the ground at least one (1) inch.

Monuments shall be installed prior to the submission of and approval of the final PLAT.

ii.

The location and type of all monuments used shall be indicated on the final PLAT.

MAINTENANCE. Unless otherwise specified, the TOWN shall maintain only those EASEMENTs, streets and other public IMPROVEMENTs specifically accepted for TOWN MAINTENANCE. Covenants shall stipulate that contiguous property owners shall be responsible for the general MAINTENANCE of all private EASEMENTs, streets, and other IMPROVEMENTs. Duly appointed officials of the TOWN or any UTILITY company with lines in such EASEMENTs shall have full right of access.

MAINTENANCE of drainage systems by a public entity, as applicable, shall be limited to that work necessary to ensure the proper flow of water within the STRUCTURE. This work includes REPAIRs to damaged pipes and removal of sedimentation and vegetation that impedes the proper flow of water within a STRUCTURE as determined by the ZONING ADMINISTRATOR and the county BUILDING OFFICIAL. The cutting of vegetation and removal of foreign material from areas around the drainage STRUCTUREs, which are part of the overall drainage plan of a land DEVELOPMENT project, as required by this ordinance and/or duly accepted by TOWN COUNCIL, is the responsibility of the owners of the property on which the drainage STRUCTURE is located.

A PERFORMANCE GUARANTEE for the MAINTENANCE of the IMPROVEMENTs prior to final acceptance by the TOWN shall be posted for that period between completion and acceptance in an amount established by TOWN COUNCIL, but not to exceed 25 percent of the IMPROVEMENT cost.

The applicant shall make such adequate provisions, as required by the PLANNING COMMISSION, for the perpetual MAINTENANCE of all required IMPROVEMENTs (private roads, pedestrian paths and bikeways, drainage facilities, and any such other IMPROVEMENTs) in the DEVELOPMENT until such obligations have been assumed by another entity. Such MAINTENANCE agreement shall be in the form of:

Perpetual MAINTENANCE agreement;

HOMEOWNER'S ASSOCIATION;

Landowner's agreement; and/or

Creation by developer of a PERFORMANCE GUARANTEE, as determined appropriate by the PLANNING COMMISSION.

Where MAINTENANCE of the required IMPROVEMENTs is being assumed by another entity, the developer must submit documents demonstrating that such entity shall assume the responsibility for providing services to maintain these facilities. Such entity shall be:

Organized for the purposes of, but not limited to, operation and MAINTENANCE of roads, pedestrian paths and bikeways, drainage facilities, and common OPEN SPACE that will NOT be dedicated to the TOWN, and

Duly chartered by the State of South Carolina and recorded with the Charleston County Register of Deeds.

If at any time the association desires public MAINTENANCE of any facilities, those facilities shall first be determined to meet TOWN standards. TOWN COUNCIL shall be under no obligation to accept responsibility for any such facilities, and may, at its discretion, establish fees and/or conditions prior to accepting any private facilities for public MAINTENANCE.

Section 16.4 - Modifications.

Modifications and Waivers.

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such DEVELOPMENT or unusual environmental conditions that the strict application of the requirements contained in the SUBDIVISION regulations would result in substantial hardship or inequity, the PLANNING COMMISSION, where expressly authorized by this ordinance, may modify or waive, certain design requirements, but not of procedure or IMPROVEMENTs, so the subdivider may develop the property in a reasonable manner. However, in considering any request to modify or waive any requirement specified herein, the PLANNING COMMISSION shall first determine that the public welfare will not be adversely impacted; and the general intent and spirit of this ordinance shall be preserved. Such modification or waiver may be granted upon written request of the subdivider stating the reasons for each modification or waiver.

Modification or waiver of any other spatial, dimensional, or zoning requirement of the zoning district in which the subject property is located, or any other provisions of this ordinance, may only be considered by the Board of Zoning Appeals pursuant to the VARIANCE provisions contained in Section 20.3.

A "substantial hardship" shall not include financial hardships or hardships which are self-created by the developer.

Criteria.

General Criteria. The applicant shall submit a petition clearly stating the reason for a proposed modification or waiver of any SUBDIVISION requirement. Consideration shall be given to the following factors:

Unique conditions that justify altering the requirements due to their effect on the property involved and are not generally shared by other properties in the TOWN;

Undue hardships that will result from adherence to the SUBDIVISION requirements;

Modifications or waivers granted would not be detrimental to adjacent property or to the public health, safety, general welfare, and interest.

Criteria in Specific Situations.

The proposed DEVELOPMENT meets all dimensional requirements for individual LOTs in accordance with the zoning district in which they are located.

Required site and soil evaluation may be waived when parcels of land of five (5) or more acres are being created for purposes other than BUILDING LOTs or tracts. PLATs so presented must be captioned accordingly and shall be required to conform to all remaining requirements of this article. The stamp of approval will denote that Health Department approval is not included.

Section 16.5 - Appeals.

Staff action to approve or disapprove a land development plan, where authorized, may be appealed to the PLANNING COMMISSION by any party in interest. The PLANNING COMMISSION must act on the appeal within 60 days, and the action of the PLANNING COMMISSION is final.

An appeal from the decision of the PLANNING COMMISSION must be taken to the circuit court within 30 days after actual notice of the decision.

Section 16.6 - Street Naming Policy.

Naming of new streets.

Intent. This section is intended to provide general procedures and standards for the naming of new streets within the town. The review and approval of names for new streets will enhance and coordinate the efficient and effective delivery of services by the town and other public entities, including: Charleston County Consolidated Dispatch Center, Charleston County Emergency Medical Services, Charleston County Sheriff's Office, St. John's Fire District, United States Postal Service, and all other applicable emergency management organizations.

Applicability. All streets within the town shall be named in accordance with the provisions of this section. For purposes of this section, the word "street" shall mean any public street, private road, access EASEMENT or right-of-way that provides, or will provide, access to two (2)or more buildable lots.

Procedure. Prior to subdividing, recording or otherwise developing any new street which is required to be named pursuant to the provisions of this ordinance, the proposed street name shall be reviewed and approved by the Planning Commission as part of the site plan and/or subdivision review process, as provided in Articles 14—16. Prior to review by the Planning Commission, the Zoning Administrator shall submit the proposed street name to the Charleston County Consolidated Dispatch Center and any other applicable public safety agencies or departments for review and pre-clearance. Any street name which is rejected by the Charleston County Consolidated Dispatch Center or another applicable public safety agency or department shall be considered automatically denied; however, upon notice of denial, the applicant may submit an alternative name for consideration.

Review criteria. In reviewing the proposed name for any new street within the town, the Planning Commission shall consider the following criteria:

The proposed street name is not already in use within the town;

The proposed street name is easily distinguished from other street names so as to avoid creating confusion among emergency responders, mail and package delivery services and the general public;

The proposed street name does not use frivolous or complicated words, or unconventional spellings;

The proposed street name does not use numbers (such as "1st Street"), alphabetical letters (such as "A Street") or special characters (such as "@" or "&");

The proposed street name would not be perceived as obscene or offensive;

The proposed street name is brief, clear, simple, logical, and easy to pronounce;

The proposed street name is associated with the history, flora or fauna of the Seabrook Island community or the Lowcountry, when possible;

If the street will be located within a master planned development, the proposed street name may represent a common theme within the development;

If the street is proposed to be named in honor of an individual, consideration shall be given to that PERSON's relationship to the community, as well as his or her character, public image, and public contribution; and

The application must comply with all other requirements of this ordinance.

Effect of approval.

Upon approval by the Planning Commission, the approved street name shall become the legal name of the street and will supersede all other conflicting records.

Within five business days of approval, the Zoning Administrator shall provide notice of the new street name by mail, electronic delivery or hand delivery to the Charleston County Assessor's Office, Charleston County Consolidated Dispatch Center, affected property owner(s), the United States Postal Service, and all other applicable agencies or departments.

Renaming of existing streets.

Intent. This section is intended to provide general procedures and standards for the renaming of existing streets within the town. The review and approval of street renaming requests will enhance and coordinate the efficient and effective delivery of services by the town and other public entities, including: Charleston County Consolidated Dispatch Center, Charleston County Emergency Medical Services, Charleston County Sheriff's Office, St. John's Fire District, United States Postal Service, and all other applicable emergency management organizations.

Procedure.

Application. Any PERSON or group of PERSONs wishing to change the name of an existing street within the town shall submit a completed application for street renaming. The application shall be made on a form made available by the Zoning Administrator for that purpose and shall include any required supplemental materials. Only completed applications will be accepted. A separate application shall be required for each street renaming request. All applications for street renaming shall include, at a minimum:

The current street name;

ii.

The proposed street name;

iii.

The purpose for changing the street name;

iv.

Signatures from the owner(s) of record for at least two-thirds (⅔) of all properties abutting the street which is proposed to be renamed indicating their support of the renaming request. For properties with more than one owner, all owners must sign the application for that property to be counted toward meeting the two-thirds (⅔) requirement. Properties which are owned by an association, corporation, partnership, trust or similar entity may be signed by an individual with the authority to sign on behalf of the entity. The requirements of this paragraph shall not apply to any request which is initiated by the Charleston County Consolidated Dispatch Center or any other applicable public safety agency or department, or in instances when all affected properties are owned by the same PERSON or entity.

If the street is owned by an entity other than the town, the application shall include a letter from the street owner certifying that the owner will install, or cause to be installed, new street signs at all intersections within five (5) business days following approval of the street renaming request.

Pre-clearance. Prior to review by the Planning Commission, the Zoning Administrator shall submit the proposed street name to the Charleston County Consolidated Dispatch Center and any other applicable public safety agencies or departments for review and pre-clearance. Any street name which is rejected by the Charleston County Consolidated Dispatch Center or another applicable public safety agency or department shall be considered automatically denied; however, upon notice of denial, the applicant may submit an alternative name for consideration.

Public hearing. Prior to considering a request to change the name of an existing street, the Planning Commission shall advertise and hold a public hearing. Notice of the public hearing shall be published in a newspaper having general circulation within the town at least 15 days prior to the hearing date. Notice shall also be provided by certified mail to the owners of record for all properties abutting the street which is proposed to be renamed at least 15 days prior to the hearing date.

Planning Commission review. The Planning Commission shall consider the street renaming request at its next regularly scheduled meeting which occurs at least 15 days after notification of the public hearing date, as required in Section 16.50.20.30(c). In deciding whether to approve or deny a street renaming request, the Planning Commission shall consider the following criteria: