S 1250 Session 109 (1991-1992)
S 1250 General Bill, By D.L. Hinds
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 29
to Title 6 so as to provide for consolidation of existing planning enabling
legislation; to update existing legislative acts; to repeal Chapter 27 of
Title 4 relating to the County Planning Act; to repeal Chapter 23 to Title 5
relating to zoning and planning by municipalities; to repeal Section 6-7-310
through 6-7-1110 of Chapter 7 of Title 6 relating to planning by local
governments; and to repeal Act 129 of 1963 relating to the Greenville County
Planning Commission.
02/04/92 Senate Introduced and read first time SJ-7
02/04/92 Senate Referred to Committee on Judiciary SJ-7
03/25/92 Senate Committee report: Favorable with amendment
Judiciary SJ-8
COMMITTEE REPORT
March 25, 1992
S. 1250
Introduced by SENATOR Hinds
S. Printed 3/25/92--S.
Read the first time February 4, 1992.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 1250), to amend the Code of Laws
of South Carolina, 1976, by adding Chapter 29 to Title 6 so as to provide
for consolidation of existing planning enabling legislation, etc.,
respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 36, by
striking /other general purpose/ and inserting therein /consolidated/
.
Amend the bill, as and if amended, page 2, beginning on line 16, in
Section 6-29-310, as contained in SECTION 1, by striking lines 16
through 18 and inserting therein
/a joint city-county planning commission, or a consolidated government
planning commission./
Amend the bill further, as and if amended, page 2, beginning on line
24, in Section 6-29-320, as contained in SECTION 1, by striking /or
metropolitan government/ .
Amend the bill further, as and if amended, page 8, line 36, in Section
6-29-520(A), as contained in SECTION 1, by inserting after
/commission/ the words /or other public involvement mechanisms/ Amend the bill further, as and if amended, page 10, line 16, in
Section 6-29-540, as contained in SECTION 1, by striking /Public/
and inserting therein /Telephone, water, sewer, electric, and gas/
Amend the bill further, as and if amended, page 11, beginning on line
20, in Section 6-29-720(A), as contained in SECTION 1, by striking
/municipality, county, or other general purpose unit of local government/
and inserting therein /municipality or county/ .
Amend the bill further, as and if amended, page 15, line 31, in
Section 6-29-760(B), as contained in SECTION 1, by striking /public
hearing/ and inserting therein /decision of the governing body/ .
Amend the bill further, as and if amended, page 28, beginning on line
39, in Section 6-29-1120, as contained in SECTION 1, by striking
/municipal, county, consolidated, or other general purpose governing
authorities/ and inserting therein
/municipalities, counties, or consolidated political subdivisions/ .
Amend title to conform.
MARSHALL B. WILLIAMS, for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
S. 1250, if enacted, would add Chapter 29 to Title 6 of the Code of
Laws of South Carolina, 1976, so as to consolidate existing planning
legislation. Currently, there are some six or seven code sections that
address comprehensive planning. There is no requirement for cities and
counties to implement comprehensive planning. This legislation merges
the planning guidelines into one section for those cities, counties and
other political subdivisions that choose to plan for future development
and redevelopment.
No costs will be incurred by the General Fund or local governments
if S. 1250 is enacted.
Prepared By: Approved By:
K. Earle Powell Michael L. Shealy
State Budget Analyst Special Projects Manager
State Budget Division
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR
CONSOLIDATION OF EXISTING PLANNING ENABLING
LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO
REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY
PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5
RELATING TO ZONING AND PLANNING BY MUNICIPALITIES;
TO REPEAL SECTION 6-7-310 THROUGH 6-7-1110 OF CHAPTER
7 OF TITLE 6 RELATING TO PLANNING BY LOCAL
GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING
TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Whereas, the last comprehensive update to the comprehensive Planning
Enabling Legislation in South Carolina took place in 1967 with the
passage of Act 487 codified in Title 6 of the Code of Laws of South
Carolina, 1976; and
Whereas, South Carolina has two general statutes dealing with Planning
Enabling Legislation which result in unnecessary confusion; and
Whereas, it is in the public interest to modernize the South Carolina
Planning Enabling Legislation to permit municipalities, counties, and
other general purpose political subdivisions to plan for the future
development and redevelopment of their areas of jurisdiction. Now,
therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 6 of the 1976 Code is amended by adding:
"CHAPTER 29
South Carolina Local Government
Comprehensive Planning Enabling Act of 1992
Article 1
Creation of Local Planning Commission
Section 6-29-310. For purposes of this chapter, `local planning
commission' means a municipal planning commission, a county planning
commission, a joint city-county planning commission, a consolidated
government planning commission, or a metropolitan government
planning commission.
Section 6-29-320. The city council of each municipality may create
a municipal planning commission. The county council of each county
may create a county planning commission. The governing body of a
consolidated government or metropolitan government may create a
planning commission. Any combination of municipal councils and a
county council or any combination of municipal councils may create a
joint planning commission.
Section 6-29-330. (A) A municipality may exercise the powers
granted under the provisions of this chapter in the total area within its
corporate limits. A county may exercise the powers granted under the
provisions of this chapter in the total unincorporated area or specific
parts of the unincorporated area. Unincorporated areas of the county or
counties may be added to and included in the area under municipal
jurisdiction for the purposes of this chapter provided that the
municipality and county councils involved adopt ordinances establishing
the boundaries of the additional areas, the limitations of the authority to
be exercised by the municipality, and representation on the boards and
commissions provided under this chapter. The agreement must be
formally approved and executed by the municipal council and the county
councils involved.
(B) The governing body of a municipality may designate by
ordinance the county planning commission as the official planning
commission of the municipality. In the event of the designation, and
acceptance by the county, the county planning commission may exercise
the powers and duties as provided in this chapter for municipal planning
commissions as are specified in the agreement reached by the governing
authorities. The agreement must specify the procedures for the exercise
of powers granted in the chapter and shall address the issue of
representation of the municipality and the county on the boards and
commissions authorized by this chapter. This agreement must be
formally stated in appropriate ordinances by the governing authorities
involved.
Section 6-29-340. (A) It is the function and duty of the local
planning commission, when created by an ordinance passed by the
municipal council or the county council, or both, to undertake a
continuing planning program for the physical, social, and economic
growth, development and redevelopment of the area within its
jurisdiction. The plans and programs must be designed to promote
public health, safety, morals, convenience, prosperity, or the general
welfare as well as the efficiency, economy, appearance, and livability of
its area of jurisdiction. Specific planning elements must be based upon
careful and comprehensive surveys and studies of existing conditions
and probable future development and include recommended means of
implementation. The local planning commission may make, publish,
and distribute maps, plans, and reports and recommendations relating to
the plans and programs and the development of its area of jurisdiction
to public officials and agencies, public utility companies, civic,
educational, professional, and other organizations and citizens. All
public officials shall, upon request, furnish to the planning commission,
within a reasonable time, such available information as it may require
for its work. The planning commission, its members and employees, in
the performance of its functions, may enter upon any land, make
examinations and surveys, and place and maintain necessary monuments
and marks on them. In general, the planning commission has the powers
as may be necessary to enable it to perform its functions and promote the
planning of its political jurisdiction.
(B) In the discharge of its responsibilities, the local planning
commission has the power and duty to:
(1) prepare and revise periodically plans and programs for the
development and redevelopment of its area as provided in this chapter;
and
(2) prepare and recommend for adoption to the appropriate
governing authority or authorities as a means for implementing the plans
and programs in its area:
(a) zoning ordinances to include zoning district maps and
appropriate revisions thereof, as provided in this chapter;
(b) regulations for the subdivision or development of land
and appropriate revisions thereof, and to oversee the administration of
the regulations that may be adopted as provided in this chapter;
(c) an official map and appropriate revision on it showing the
exact location of existing or proposed public street, highway and utility
rights-of-way, and public building sites, together with regulations to
control the erection of buildings or other structures or changes in land
use within the rights-of-way, building sites, or open spaces within its
political jurisdiction or a specified portion of it, as set forth in this
chapter;
(d) a landscaping ordinance setting forth required planting,
tree preservation, and other esthetic considerations for land and
structures;
(e) ordinance setting forth procedures for management of
environmentally sensitive areas including flood plains, etc.;
(f) a capital improvements program setting forth projects
required to implement plans which have been prepared and adopted,
including an annual listing of priority projects for consideration by the
governmental bodies responsible for implementation prior to preparation
of their capital budget; and
(g) policies or procedures to facilitate implementation of
planning elements.
Section 6-29-350. (A) A local planning commission serving not
more than two political jurisdictions may not have less than five nor
more than twelve members. A local planning commission serving three
or more political jurisdictions shall have a membership not greater than
four times the number of jurisdictions it serves. In the case of a joint
city-county planning commission the membership must be proportional
to the population inside and outside the corporate limits of
municipalities.
(B) No member of a planning commission may hold an elected
public office in the municipality or county from which appointed.
Members of the commission first to serve must be appointed for
staggered terms as described in the agreement of organization and shall
serve until their successors are appointed and qualified. The
compensation of the members, if any, must be determined by the
governing authority or authorities creating the commission. A vacancy
in the membership of a planning commission must be filled for the
unexpired term in the same manner as the original appointment. The
governing authority or authorities creating the commission may remove
any member of the commission which they have appointed.
(C) In the appointment of planning commission members the
appointing authority shall consider their professional expertise,
knowledge of the community, and concern for the future welfare of the
total community and its citizens. Members shall represent a broad cross
section of the interests and concerns within the jurisdiction.
Section 6-29-360. (A) A local planning commission shall
organize itself electing one of its members as chairman and one as
vice-chairman whose terms must be for one year. It shall appoint a
secretary who may be an officer or an employee of the governing
authority or of the planning commission. The planning commission
shall meet at the call of the chairman and at such times as the chairman
or commission may determine.
(B) The commission shall adopt rules of organizational procedure
and shall keep a record of its resolutions, transactions, findings, and
determinations, which record must be a public record. The planning
commission may purchase equipment and supplies and may employ or
contract for such staff and such experts as it considers necessary and
consistent with funds available.
Section 6-29-370. The governing authority may provide for the
reference of any matters or class of matters to the local planning
commission, with the provision that final action on it may not be taken
until the planning commission has submitted a report on it or has had a
reasonable period of time, as determined by the governing authority to
submit a report.
Section 6-29-380. A local planning commission may cooperate
with, contract with, or accept funds from federal government agencies,
state government agencies, local general purpose governments, school
districts, special purpose districts, including those of other states, public
or eleemosynary agencies, or private individuals or corporations; it may
expend the funds; and it may carry out such cooperative undertakings
and contracts as it considers necessary.
Article 3
Local Planning -
The Comprehensive Planning Process
Section 6-29-510. (A) The local planning commission shall
develop and maintain a planning process which will result in the
systematic preparation and continual re-evaluation and updating of those
elements considered critical, necessary, and desirable to guide the
development and redevelopment of its area of jurisdiction.
(B) Surveys and studies on which planning elements are based
must include consideration of potential conflicts with adjacent
jurisdictions and regional plans or issues.
(C) The basic planning process for all planning elements must
include, but not be limited to:
(1) inventory of existing conditions;
(2) a statement of needs and goals; and
(3) implementation strategies with time frames.
(D) A local comprehensive plan must include, but not be limited
to, the following planning elements:
(1) a population element which considers historic trends and
projections, household numbers and sizes, educational levels, and
income characteristics;
(2) an economic development element which considers labor
force and labor force characteristics, employment by place of work and
residence, and analysis of the economic base;
(3) a natural resources element which considers coastal
resources, slope characteristics, prime agricultural and forest land, plant
and animal habitats, parks and recreation areas, scenic views and sites,
wetlands, and soil types;
(4) a cultural resources element which considers historic
buildings and structures, commercial districts, residential districts,
unique, natural, or scenic resources, archaeological, and other cultural
resources. Where a separate board exists pursuant to this chapter, this
element is the responsibility of the board;
(5) a community facilities element which considers
transportation network; water supply, treatment and distribution; sewage
system and waste water treatment; solid waste collection and disposal,
fire protection, emergency medical services and general government
facilities; education facilities; and libraries and other cultural facilities;
(6) a housing element which considers location, types, age and
condition of housing; owner and renter occupancy; and cost of housing;
and
(7) a land use element which considers existing and future
land use by categories, including residential, commercial, industrial,
agricultural, forestry, mining, public and quasi public, recreation, parks,
open space, and vacant or undeveloped.
(E) All planning elements must be an expression of the planning
commission recommendations to the appropriate governing bodies with
regard to the future growth, development, and redevelopment of its area
of jurisdiction. The planning elements whether done as a package or in
separate increments together comprise the comprehensive plan for the
jurisdiction at any one point in time. The local planning commission
shall review the comprehensive plan or elements of it as often as
necessary, but not less than once every five years to determine whether
changes in the amount, kind, or direction of development of the area or
other reasons make it desirable to make additions or amendments to the
plan. The comprehensive plan, including all elements of it, must be
updated at least every ten years.
Section 6-29-520. (A) In the preparation or periodic updating of
any or all planning elements for the jurisdiction, the planning
commission may use advisory committees with membership from both
the planning commission and other resource people not members of the
planning commission.
(B) Recommendation of the plan or any element, amendment,
extension, or addition must be by resolution of the planning commission,
carried by the affirmative votes of at least a majority of the entire
membership. The resolution must refer expressly to maps and other
descriptive matter intended by the planning commission to form the
whole or element of the recommended plan and the action taken must be
recorded in its official minutes of the planning commission. A copy of
the recommended plan or element of it must be transmitted to the
appropriate governing authorities and to all other legislative and
administrative agencies affected by the plan.
(C) In satisfying the preparation and periodic updating of the
required planning elements, the planning commission shall review and
consider, and may recommend by reference, plans prepared by other
agencies which the planning commission considers to meet the
requirements of this article.
Section 6-29-530. The local planning commission may recommend
to the appropriate governing body and the body may adopt the plan as
a whole by a single ordinance or elements of the plan by successive
ordinances. The elements shall correspond with the major geographical
sections or divisions of the planning area or with functional subdivisions
of the subject matter of the comprehensive plan or both. Before
adoption of an element or a plan as a whole, the governing authority
shall hold a public hearing on it after not less than thirty days notice of
the time and place of the hearings have been given in a newspaper
having general circulation in the jurisdiction.
Section 6-29-540. When the local planning commission has
recommended and local governing authority or authorities have adopted
the related comprehensive plan element set forth in this chapter, no new
street, square, park, or other public way, grounds, or open space or
public buildings for any use, structure, or public utility, whether publicly
or privately owned, may be constructed or authorized in the political
jurisdiction of the governing authority or authorities establishing the
planning commission until the location, character, and extent of it have
been submitted to the planning commission for review and comment as
to the compatibility of the proposal with the comprehensive plan of the
community. In the event the planning commission finds the proposal to
be in conflict with the comprehensive plan, the commission shall
transmit its findings and the particulars of the nonconformity to the
entity proposing the facility. If the entity proposing the facility
determines to go forward with the project which conflicts with the
comprehensive plan, the governing or policy making body of the entity
shall publicly state its intention to proceed and the reasons for the action.
A copy of this finding must be sent to the local governing body, the
local planning commission, and published as a public notice in a
newspaper of general circulation in the community at least thirty days
prior to awarding a contract or beginning construction. Public utilities,
whether publicly or privately owned, whose plans have been previously
approved by the local governing body or a state or federal regulatory
agency, are exempt from this provision. These utilities must submit
construction information to the appropriate local planning commission.
Article 5
Local Planning - Zoning
Section 6-29-710. (A) Zoning ordinances must be for the general
purposes of guiding development in accordance with existing and future
needs and promoting the public health, safety, morals, convenience,
order, appearance, prosperity, and general welfare. To these ends,
zoning ordinances must be made with reasonable consideration of the
following purposes, where applicable:
(1) to provide for adequate light, air, and open space;
(2) to prevent the overcrowding of land, to avoid undue
concentration of population, and to lessen congestion in the streets;
(3) to facilitate the creation of a convenient, attractive, and
harmonious community;
(4) to protect and preserve scenic, historic, or ecologically
sensitive areas;
(5) to facilitate the adequate provision or availability of
transportation, police and fire protection, water, sewage, schools, parks,
and other recreational facilities, affordable housing, disaster evacuation,
and other public services and requirements. `Other public requirements'
which the local governing body intends to address by a particular
ordinance or action must be specified in the preamble or some other part
of the ordinance or action;
(6) to secure safety from fire, flood, and other dangers; and
(7) to further the public welfare in any other regard specified
by a local governing body.
Section 6-29-720. (A) When the local planning commission has
prepared and recommended and the governing body has adopted at least
the land use element of the comprehensive plan as set forth in this
chapter, the governing body of a municipality, county, or other general
purpose unit of local government may adopt a zoning ordinance to help
implement the comprehensive plan. The zoning ordinance shall create
zoning districts of such number, shape and size as the governing
authority determines to be best suited to carry out the purposes of this
chapter. Within each district the governing body may regulate:
(1) the use of buildings, structures, and land;
(2) the size, location, height, bulk, orientation, number of
stories, erection, construction, reconstruction, alteration, demolition, or
removal in whole or in part of buildings and other structures, including
signage;
(3) the density of development, use, or occupancy of
buildings, structures, or land;
(4) the areas and dimensions of land, water, and air space to
be occupied by buildings and structures, and the size of yards, courts,
and other open spaces;
(5) the amount of off-street parking and loading that must be
provided, and restrictions or requirements related to the entry or use of
motor vehicles on the land;
(6) other aspects of the site plan including, but not limited to,
tree preservation, landscaping, buffers, lighting, and curb cuts; and
(7) other aspects of the development and use of land or
structures necessary to accomplish the purposes set forth throughout this
chapter.
(B) The regulations must be made in accordance with the
comprehensive plan for the jurisdiction, and be made with a view to
promoting the purposes set forth throughout this chapter. Except as
provided in this chapter, all of these regulations must be uniform for
each class or kind of building, structure, or use throughout each district,
but the regulations in one district may differ from those in other districts.
(C) The zoning ordinance may utilize the following or any other
zoning and planning techniques for implementation of the goals
specified above. Failure to specify a particular technique does not cause
use of that technique to be viewed as beyond the power of the local
government choosing to use it:
(1) `cluster development' or the grouping of residential,
commercial, or industrial uses within a subdivision or development site,
permitting a reduction in the otherwise applicable lot size, while
preserving substantial open space on the remainder of the parcel;
(2) `floating zone' or a zone which is described in the text of
a zoning ordinance, but is unmapped. A property owner may petition for
the zone to be applied to a particular parcel meeting the minimum
zoning district area requirements of the zoning ordinance through
legislative action;
(3) `performance zoning' or zoning which specifies a
minimum requirement or maximum limit on the effects of a land use
rather than, or in addition to, specifying the use itself, simultaneously
assuring compatibility with surrounding development and increasing a
developer's flexibility;
(4) `planned development district' or a development project
comprised of housing of different types and densities and of compatible
commercial uses, or shopping centers, office parks, and mixed-use
developments. A planned development district is established by
rezoning prior to development and is characterized by a unified site
design for a mixed use development;
(5) `overlay zone' or a zone which imposes a set of
requirements or relaxes a set of requirements imposed by the underlying
zoning district when there is a special public interest in a particular
geographic area that does not coincide with the underlying zone
boundaries; and
(6) `conditional uses' or zoning ordinance provisions that
impose conditions, restrictions, or limitations on a permitted use that are
in addition to the restrictions applicable to all land in the zoning district.
The conditions, restrictions, or limitations must be set forth in the text
of the zoning ordinance.
Section 6-29-730. The regulations may provide that land, buildings
and structures and the uses of it which are lawful at the time of the
enactment or amendment of zoning regulations may be continued
although not in conformity with the regulations or amendments, which
is called a nonconformity. The governing authority of a municipality or
county may provide in the zoning ordinance or resolution for the
continuance, restoration, reconstruction, extension, or substitution of
nonconformities. The governing authority also may provide for the
termination of a nonconformity by specifying the period or periods in
which the nonconformity is required to cease or be brought into
conformance, or by providing a formula where the compulsory
termination of non-conformities may be so fixed as to allow for the
recovery or amortization of the investment in the nonconformity.
Section 6-29-740. In order to achieve the objectives of the
comprehensive plan of the locality and to allow flexibility in
development that will result in improved design, character, and quality
of new mixed use developments and preserve natural and scenic features
of open spaces, the local governing authority may provide for the
establishment of Planned Development Districts as amendments to a
locally adopted Zoning Ordinance and official Zoning Map. The
adopted Planned Development Map is the zoning district map for the
property. The Planned Development Provisions must encourage
innovative site planning for residential, commercial, institutional and
industrial developments within Planned Development Districts. Planned
Development Districts may provide for variations from other ordinances
and the regulations of other established zoning districts concerning use,
setbacks, lot size, density, bulk, and other requirements to accommodate
flexibility in the arrangement of uses and the preservation of open spaces
for the general purpose of promoting and protecting the public health,
safety, and general welfare. Amendments to a Planned Development
District may be authorized by ordinance of the governing authority after
recommendation from the Planning Commission. These amendments
constitute zoning ordinance amendments and must follow prescribed
procedures for the amendments. The adopted plan may include a
method for minor modifications to the site plan or development
provisions.
Section 6-29-750. In accordance with a special development
district parking facility plan and program, which includes guidelines for
preferred parking locations and indicates prohibited parking areas, the
planning commission may recommend and the local governing body
may adopt regulations which permit the reduction or waiver of parking
requirements within the district in return for cash contributions or
dedications of land earmarked for provision of public parking or public
transit which may not be used for any other purpose. The cash
contributions or the value of the land may not exceed the approximate
cost to build the required spaces or provide the public transit that would
have incurred had not the reduction or waiver been granted.
Section 6-29-760. (A) Before enacting or amending any zoning
regulations or maps, the governing authority or the planning
commission, if authorized by the governing authority, shall hold a public
hearing on it, which must be advertised and conducted according to
lawfully prescribed procedures. If no established procedures exist, then
at least fifteen days' notice of the time and place of the public hearing
must be given in a newspaper of general circulation in the municipality
or county. No change in or departure from the text or maps as
recommended by the local planning commission may be made pursuant
to the hearing unless the change or departure be first submitted to the
planning commission for review and recommendation. The planning
commission shall have a time prescribed in the ordinance which may not
be more than thirty days within which to submit its report and
recommendation on the change to the governing authority. If the
planning commission fails to submit a report within the prescribed time
period, it is deemed to have approved the change or departure. When
the required public hearing is held by the planning commission no public
hearing by the governing authority is required before amending the
zoning ordinance text or maps.
(B) No challenge to the adequacy of notice or challenge to the
validity of a regulation or map, or amendment to it, whether enacted
before or after the effective date of this section, may be made 60 days
after the public hearing if there has been substantial compliance with the
notice requirements of this section or with established procedures of the
governing authority or the planning commission.
Section 6-29-770. (A) Agencies, departments and subdivisions
of this State that use real property, as owner or tenant, in any county or
municipality in this State are subject to the zoning ordinances.
(B) A county or agency, department or subdivision of it that uses
any real property, as owner or tenant, within the limits of any
municipality in this State is subject to the zoning ordinances of the
municipality.
(C) A municipality or agency, department or subdivision of it, that
uses any real property, as owner or tenant, within the limits of any
county in this State but not within the limits of the municipality is
subject to the zoning ordinances of the county.
(D) The provisions of this section do not require a state agency,
department, or subdivision to move from facilities occupied on June 18,
1976, regardless of whether or not their location is in violation of
municipal or county zoning ordinances. (E) The provisions of this
section do not apply to a home serving nine or fewer mentally or
physically handicapped persons provided the home provides care on a
twenty-four hour basis and is approved or licensed by a state agency or
department or under contract with the agency or department for that
purpose. A home is construed to be a natural family or such similar term
as may be utilized by any county or municipal zoning ordinance to refer
to persons related by blood or marriage. Prior to locating the home for
the handicapped persons the appropriate state agency or department or
the private entity operating the home under contract must first give prior
notice to the local governing body administering the pertinent zoning
laws, advising of the exact site of any proposed home. The notice must
also identify the individual representing the agency, department, or
private entity for site selection purposes. If the local governing body
objects to the selected site, the governing body must notify the site
selection representative of the entity seeking to establish the home
within fifteen days of receiving notice and must appoint a representative
to assist the entity in selection of a comparable alternate site or structure
or both. The site selection representative of the entity seeking to
establish the home and the representative of the local governing body,
shall select a third mutually agreeable person. The three persons have
forty-five days to make a final selection of the site by majority vote. This
final selection is binding on the entity and the governing body. In the
event no selection has been made by the end of the forty-five day period,
the entity establishing the home shall select the site without further
proceedings. An application for variance or special exception is not
required. No person may intervene to prevent the establishment of a
community residence without reasonable justification.
(F) Prospective residents of these homes must be screened by the
licensing agency to insure that the placement is appropriate.
(G) The licensing agency shall conduct reviews of these homes no
less frequently than every six months for the purpose of promoting the
rehabilitative purposes of the homes and their continued compatibility
with their neighborhoods.
(H) The governing body of a county or municipality whose zoning
ordinances are violated by the provisions of this section may apply to a
court of competent jurisdiction for injunctive and such other relief as the
court may consider proper.
Section 6-29-780. (A) As a part of the administrative mechanism
designed to enforce the zoning ordinance, the zoning ordinance may
provide for the creation of a board to be known as the board of zoning
appeals. Local governing bodies with a joint planning commission and
adopting a common zoning ordinance may create a board to be known
as the joint board of appeals. All of these boards are referred to as the
board.
(B) The board consists of not less than three nor more than nine
members, a majority of which constitutes a quorum, appointed by the
governing authority or authorities of the area served. The members shall
serve for overlapping terms of not less than three nor more than five
years or after that time until their successors are appointed. A vacancy
in the membership must be filled for the unexpired term in the same
manner as the initial appointment. The governing authority or
authorities creating the board of zoning appeals may remove any
member of the board which they have appointed. The appointing
authorities shall determine the amount of compensation, if any, to be
paid to the members of a board of zoning appeals. None of the members
shall hold any other public office or position in the municipality or
county.
Section 6-29-790. The board shall elect one of its members
chairman, who shall serve for one year or until he is re-elected or his
successor is elected and qualified. The board shall appoint a secretary
who may be an officer of the governing authority or of the zoning board.
The board shall adopt rules of procedure in accordance with the
provisions of an ordinance adopted pursuant to this chapter. Meetings
of the board must be held at the call of the chairman and at such other
times as the board may determine. The chairman or, in his or her
absence, the acting chairman, may administer oaths and compel the
attendance of witnesses by subpoena. The board shall keep minutes of
its proceedings, showing the vote of each member upon each question,
or if absent or failing to vote, indicating that fact, and shall keep records
of its examinations and other official actions, all of which must be
immediately filed in the office of the board and must be a public record.
Section 6-29-800. (A) The board of appeals only has the
following powers:
(1) to hear and decide appeals where it is alleged there is error
in an order, requirement, decision, or determination made by an
administrative official in the enforcement of the zoning ordinance;
(2) to hear and decide appeals for variance from the
requirements of the zoning ordinance when strict application of the
provisions of the ordinance would result in unnecessary hardship. A
variance may be granted in an individual case of unnecessary hardship
if the board makes and explains in writing the following findings:
(a) there are extraordinary and exceptional conditions
pertaining to the particular piece of property;
(b) these conditions do not generally apply to other
property in the vicinity;
(c) because of these conditions, the application of the
ordinance to the particular piece of property would effectively prohibit
or unreasonably restrict the utilization of the property; and
(d) the authorization of a variance will not be of substantial
detriment to adjacent property or to the public good, and the character
of the district will not be harmed by the granting of the variance.
(i) The board may not grant a variance the effect of
which would be to allow the establishment of a use not otherwise
permitted in a zoning district, to extend physically a nonconforming use
of land, or to change the zoning district boundaries shown on the official
zoning map. The fact that property may be utilized more profitably,
should a variance be granted, may not be considered grounds for a
variance. Other requirements may be prescribed by the zoning
ordinance.
(ii) In granting a variance, the board may attach to it
such conditions regarding the location, character or other features of the
proposed building, structure, or use as the board may consider advisable
to protect established property values in the surrounding area, or to
promote the public health, safety, or general welfare;
(3) to permit uses by special exception subject to the terms and
conditions for the uses set forth for such uses in the zoning ordinance;
and
(4) appeals to the board may be taken by any person aggrieved
or by any officer, department, board, or bureau of the municipality or
county. The appeal must be taken within a reasonable time, as provided
by the zoning ordinance or rules of the board, or both, by filing with the
officer from whom the appeal is taken and with the board of appeals
notice of appeal specifying the grounds of it. If no time is provided, the
appeals must be taken within thirty days from the date the appealing
party has received actual notice of the action from which the appeal is
taken. The officer from whom the appeal is taken immediately shall
transmit to the board all the papers constituting the record upon which
the action appealed from was taken.
(B) An appeal stays all legal proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal is taken
certifies to the board, after the notice of appeal has been filed with him,
that by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life and property. In that case,
proceedings may not be stayed otherwise than by a restraining order
which may be granted by the board or by a court of record on
application, on notice to the officer from whom the appeal is taken, and
on due cause shown.
(C) The board shall fix a reasonable time for the hearing of the
appeal or other matter referred to it, and give at least fifteen days public
notice of it in a newspaper of general circulation in the community, as
well as due notice to the parties in interest, and decide the same within
a reasonable time. At the hearing any party may appear in person or by
agent or by attorney.
(D) In exercising the above power, the board of appeals may, in
conformity with the provisions of this chapter, reverse or affirm, wholly
or in part, or may modify the order, requirements, decision, or
determination, and to that end shall have all the powers of the officer
from whom the appeal is taken and may issue or direct the issuance of
a permit. The board in the execution of the duties specified in this
chapter may subpoena witnesses and in case of contempt may certify this
fact to the circuit court having jurisdiction.
(E) All final decisions and orders of the board must be in writing
and be permanently filed in the office of the board as a public record.
All findings of fact and conclusions of law must be separately stated in
final decisions or orders of the board which must be delivered to parties
of interest by certified mail.
Section 6-29-810. In case of contempt by a party, witness, or other
person before the board of appeals, the board may certify this fact to the
circuit court of the county in which the contempt occurs and the judge
of the court, in open court or in chambers, after hearing, may impose a
penalty as authorized by law.
Section 6-29-820. A person who may have a substantial interest in
any decision of the board of appeals or an officer, or agent of the
appropriate governing authority may appeal from a decision of the board
to the circuit court in and for the county by filing with the clerk of the
court a petition in writing setting forth plainly, fully, and distinctly why
the decision is contrary to law. The appeal must be filed within thirty
days after the decision of the board is mailed.
Section 6-29-830. (A) Upon the filing of the appeal, the clerk of
the circuit court shall give immediate notice of it to the secretary of the
board and within thirty days from the time of the notice the board shall
file with the clerk a certified copy of the proceedings held before the
board of appeals, including a transcript of the evidence heard before it,
if any, and the decision of the board including its findings of fact and
conclusions.
(B) The filing of an appeal in the circuit court from a decision of
the board shall not ipso facto act as a supersedeas but the judge of the
circuit court may in his discretion grant a supersedeas upon such terms
and conditions as may seem reasonable and proper.
Section 6-29-840. At the next term of the circuit court or, in
chambers, upon ten days' notice to the parties, the presiding judge of the
circuit court of the county shall proceed to hear and pass upon the appeal
on the certified record of the board proceedings. The findings of fact by
the board of appeals shall be treated in the same manner as a finding of
fact by a jury and the court may not take additional evidence. In the
event the judge determines that the certified record is insufficient for
review, the matter may be remanded to the zoning board of appeals for
rehearing. In determining the questions presented by the appeal the
court shall determine only whether the decision of the board is correct
as a matter of law. In the event that the decision of the board is reversed
by the circuit court, the board is charged with the costs, and the costs
must be paid by the governing authority which established the board of
appeals.
Section 6-29-850. A party at interest who is aggrieved by the
judgment rendered by the circuit court upon the appeal may appeal in
the same manner as provided by law for appeals from other judgments
of the circuit court in law cases.
Section 6-29-860. The governing authority may appropriate such
monies, otherwise unappropriated, as it considers fit to finance the work
of the board of appeals and to generally provide for the enforcement of
any zoning regulations and restrictions authorized under this chapter
which are adopted and may accept and expend grants of money for those
purposes from either private or public sources, local, state, or federal.
Section 6-29-870. (A) A local government which enacts a
zoning ordinance which makes specific provision for the preservation
and protection of historic and architecturally valuable districts and
neighborhoods or significant or natural scenic areas, or protects or
provides, or both, for the unique, special, or desired character of a
defined district, corridor, or development area or any combination of it,
by means of restriction and conditions governing the right to erect,
demolish, remove in whole or in part, or alter the exterior appearance of
all buildings or structures within the areas, may provide for appointment
of a board of architectural review or similar body.
(B) The board shall consist of not more than ten members to be
appointed by the governing body of the municipality or the governing
body of the county which may restrict the membership on the board to
those professionally qualified persons as it may desire. The governing
authority or authorities creating the board may remove any member of
the board which it has appointed.
(C) The appointing authorities shall determine the amount of
compensation, if any, to be paid to the members of a board of
architectural review. None of the members may hold any other public
office or position in the municipality or county.
(D) The board shall elect one of its members chairman, who shall
serve for one year or until he is re-elected or his successor is elected and
qualified. The board shall appoint a secretary who may be an officer of
the governing authority or of the board of architectural review. The
board shall adopt rules of procedure in accordance with the provisions
of any ordinance adopted pursuant to this chapter. Meetings of the
board must be held at the call of the chairman and at such other times as
the board may determine. The chairman or, in his or her absence, the
acting chairman, may administer oaths and compel the attendance of
witnesses by subpoena. The board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or if absent or
failing to vote, indicating that fact, and shall keep records of its
examinations and other official actions, all of which immediately must
be filed in the office of the board and must be a public record.
Section 6-29-880. The board of architectural review has those
powers involving the structures and neighborhoods as may be
determined by the zoning ordinance. Decisions of the zoning
administrator or other appropriate administrative official in matters
under the purview of the board of architectural review may be appealed
to the board where there is an alleged error in any order, requirement,
determination, or decision.
Section 6-29-890. (A) Appeals to the board may be taken by any
person aggrieved or by any officer, department, board, or bureau of the
municipality or county. The appeal must be taken within a reasonable
time, as provided by the zoning ordinance or rules of the board, or both,
by filing with the officer from whom the appeal is taken and with the
board of architectural review notice of appeal specifying the grounds of
it. The officer from whom the appeal is taken immediately shall transmit
to the board all the papers constituting the record upon which the action
appealed from was taken.
(B) An appeal stays all legal proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal is taken
certifies to the board, after the notice of appeal has been filed with him,
that by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life and property. In the case,
proceedings may not be stayed otherwise than by a restraining order
which may be granted by the board or by a court of record on
application, on notice to the officer from whom the appeal is taken, and
on due cause shown.
(C) The board shall fix a reasonable time for the hearing of the
appeal or other matter referred to it, and give public notice of it, as well
as due notice to the parties in interest, and decide the same within a
reasonable time. At the hearing any party may appear in person or by
agent or by attorney.
Section 6-29-900. A person who may have a substantial interest in
any decision of the board of architectural review or any officer, or agent
of the appropriate governing authority may appeal from any decision of
the board to the circuit court in and for the county by filing with the
clerk of court a petition in writing setting forth plainly, fully, and
distinctly why the decision is contrary to law. The appeal must be filed
within thirty days after the affected party receives actual notice of the
decision of the board of architectural review.
Section 6-29-910. In case of contempt by a party, witness or other
person before the board of architectural review, the board may certify
the fact to the circuit court of the county in which the contempt occurs
and the judge of the court, in open court or in chambers, after hearing,
may impose a penalty as authorized by law.
Section 6-29-920. (A) Upon filing of the appeal, the clerk of the
circuit court shall give immediate notice of it to the secretary of the
board and within thirty days from the time of the notice the board shall
file with the clerk a duly certified copy of the proceedings had before the
board of architectural review, including a transcript of the evidence
heard before it, if any, and the decision of the board including its
findings of fact and conclusions.
(B) The filing of an appeal in the circuit court from any decision
of the board does not ipso facto act as a supersedeas but the judge of the
circuit court may in his discretion grant a supersedeas upon such terms
and conditions as may seem reasonable and proper.
Section 6-29-930. At the next term of the circuit court or, in
chambers, upon ten days' notice to the parties, the resident presiding
judge of the circuit court of the county shall proceed to hear and pass
upon the appeal on the certified record of the board proceedings. The
findings of fact by the board of architectural review are final and
conclusive on the hearing of the appeal and the court may not take
additional evidence. In the event the judge determines that the certified
record is insufficient for review the matter must be remanded to the
board of architectural review for rehearing. In determining the questions
presented by the appeal the court shall determine only whether the
decision of the board is correct as a matter of law. In the event that the
decision of the board is reversed by the circuit court, the board must be
charged with the costs and they must be paid by the governing authority
which established the board of architectural review.
Section 6-29-940. A party at interest who is aggrieved by the
judgment rendered by the circuit court upon the appeal may appeal in
the same manner as provided by law for appeals from other judgments
of the circuit court.
Section 6-29-950. (A) The governing authorities of
municipalities or counties may provide for the enforcement of any
ordinance adopted pursuant to the provisions of this chapter by means
of the withholding of building or zoning permits, or both, and the
issuance of stop orders against any work undertaken by an entity not
having a proper building or zoning permit, or both. It is unlawful to
construct, reconstruct, alter, demolish, change the use of or occupy any
land, building or other structure without first obtaining the appropriate
permit or permit approval. No permit may be issued or approved unless
the requirements of this chapter or any ordinance adopted pursuant to it
are complied with. It is unlawful for other officials to issue any permit
for the use of any land, building, or structure, or the construction,
conversion, demolition, enlargement, movement, or structural alteration
of a building or structure without the approval of the zoning
administrator. A violation of any ordinance adopted pursuant to the
provisions of this chapter is a misdemeanor. In case a building,
structure, or land is or is proposed to be used in violation of any
ordinance adopted pursuant to this chapter, the zoning administrator or
other appropriate administrative officer, municipal or county attorney,
or other appropriate authority of the municipality or county or an
adjacent or neighboring property owner who would be specially
damaged by the violation, may in addition to other remedies, institute
injunction, mandamus, or other appropriate action or proceeding to
prevent the unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use; or to correct or abate the violation, or
to prevent the occupancy of the building, structure, or land. Each day
the unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use continues is considered a separate
offense.
(B) In case a building, structure, or land is or is proposed to be
used in violation of an ordinance adopted pursuant to this chapter, the
zoning administrator or other designated administrative officer may in
addition to other remedies issue and serve upon a person pursuing the
activity or activities a stop order requiring that entity stop all activities
in violation of the zoning ordinance.
Section 6-29-960. When the regulations made under authority of
this chapter require a greater width or size of yards, courts, or other open
spaces, or require a lower height of building or smaller number of
stories, or require a greater percentage of lot to be left unoccupied, or
impose other more restrictive standards than are required in or under
another statute, or local ordinance or regulation, the regulations made
under authority of this chapter govern. When the provisions of another
statute require more restrictive standards than are required by the
regulations made under authority of this chapter, the provisions of that
statute govern.
Article 7
Local Planning - Land Development Regulation
Section 6-29-1110. As used in this article:
(1) `Land development' means the changing of land
characteristics through redevelopment, construction, subdivision into
parcels, condominium complexes, apartment complexes, commercial
parks, shopping centers, industrial parks, mobile home parks, and similar
developments for sale, lease, or any combination of owner and rental
characteristics.
(2) `Subdivision' means all divisions of a tract or parcel of land
into two or more lots, building sites, or other divisions for the purpose,
whether immediate or future, of sale, lease, or building development,
and includes all division of land involving a new street or change in
existing streets, and includes re-subdivision which would involve the
further division or relocation of lot lines of any lot or lots within a
subdivision previously made and approved or recorded according to law;
or, the alteration of any streets or the establishment of any new streets
within any subdivision previously made and approved or recorded
according to law, and includes combinations of lots of record. However,
the following exceptions are included within this definition only for the
purpose of requiring that the local planning agency be informed and
have a record of the subdivisions:
(a) the combination or recombination of portions of previously
platted lots where the total number of lots is not increased and the
resultant lots are equal to the standards of the governing authority;
(b) the division of land into parcels of five acres or more
where no new street is involved and plats of these exceptions must be
received as information by the planning agency which shall indicate that
fact on the plats; and
(c) the combination or recombination of entire lots of record
where no new street or change in existing streets is involved.
Section 6-29-1120. The public health, safety, economy, good order,
appearance, convenience, morals, and general welfare require the
harmonious, orderly, and progressive development of land within the
municipalities and counties of the State. In furtherance of this general
intent, the regulation of land development by municipal, county,
consolidated, or other general purpose governing authorities is
authorized for the following purposes, among others:
(1) to encourage the development of economically sound and
stable municipalities and counties;
(2) to assure the timely provision of required streets, 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;
(5) to assure preservation or protection of historic or
environmentally sensitive areas, or both; and
(6) to assure, in general, the wise and timely development of
new areas, and redevelopment of previously developed areas in harmony
with the comprehensive plans of municipalities and counties.
Section 6-29-1130. (A) When at least the community facilities
element of the comprehensive plan as authorized by this chapter has
been adopted by the local planning commission and the local governing
body or bodies, the local planning commission may prepare and
recommend to the governing body or bodies for adoption regulations
governing the development of land within the jurisdiction. These
regulations may provide for the harmonious development of the
municipality and the county; for coordination of streets within
subdivision and other types of land developments with other existing or
planned streets or official map streets; for the size of blocks and lots; for
the dedication or reservation of land for streets, school sites, and
recreation areas and of easements for utilities and other public services
and facilities; and for the distribution of population and traffic which
will tend to create conditions favorable to health, safety, convenience,
appearance, prosperity, or the general welfare. In particular, the
regulations shall prescribe that no land development plan, including
subdivision plats, will be approved unless all land intended for use as
building sites can be used safely for building purposes, without danger
from flood or other inundation or from other menaces to health, safety,
or public welfare.
(B) These regulations may include requirements as to the extent
to which and the manner in which streets must be graded, surfaced, and
improved, and water, sewers, septic tanks, and other utility mains,
piping, connections, or other facilities must be installed as a condition
precedent to the approval of the plan. The governing authority of the
municipality and the governing authority of the county are given the
power to adopt and to amend the land development regulations after a
public hearing on it, giving at least thirty days' notice of the time and
place by publication in a newspaper of general circulation in the
municipality or county.
Section 6-29-1140. (A) After the adoption of a park and
recreation plan element of a comprehensive plan, development plan
regulations may provide for reservation and dedication of land for public
parks, playgrounds, or other public recreational purposes or for payment
of cash contributions earmarked for the purposes in lieu of it. The
regulations must provide that a developer of land dedicate land area
sites, and locations for parks, playgrounds, other public recreational
purposes as are reasonably necessary to serve the proposed development
and the future residents of it. The land required to be dedicated must
bear reasonable relationship to the impact on park, playground and
recreational needs posed by the area being developed. The regulations
must set forth the standards to be applied in determining the amount of
land that is required to be dedicated, which standards must be based on
the number and type of dwelling units or structures to be included in
each development and upon studies and surveys conducted by the local
governing body to determine the need, if any, for parks, playgrounds, or
other recreational purposes generated by the proposed future
developments and residents of it.
(B) The local governing authority may also adopt, as part of its
land development regulations, provisions requiring a developer, in lieu
of the dedication to pay to the local governing body a sum of money
equal to the value of land that would otherwise be required to be
dedicated where the local governing body determines that it would not
be in the public interest to accept dedication in connection with a
particular proposed development. The regulations must set forth the
standards to be applied in determining when it is not in the public
interest to accept a dedication. The regulations must provide that the in
lieu fee to be paid by a subdivider be based upon the per acre value of
the actual land subdivided.
(C) The regulations also must provide for the manner of making
payment. The regulations may provide that the payment be deferred or
made in installments following approval of a development plan, and may
require the posting of a good and sufficient surety bond guaranteeing the
payment. All funds received in this manner must be held by the local
governing body in a special account which must be applied and used
only for the purpose of acquiring and developing park, playground, and
recreational sites for the benefit of the future residents of the
development for which the payment was made. The regulations may
also provide that the dedication of land, or the payment of a fee in lieu
of it, may be waived, partially or entirely, where a developer provides
private open space for park, playground, and recreational purposes,
which space is to be privately owned and maintained by future residents
of the development where the planning commission finds it to be in the
public interest to do so, based upon standards adopted by the local
governing body.
(D) The regulations also must provide that the local governing
body or an agency of it shall have the final decision in selecting the
location of land areas to be dedicated for park, playground, and
recreational purposes. In exercising this authority, the local governing
body shall take into consideration the variations, the relative desirability,
and the market value of the land that may be required to be dedicated
within the area of any particular proposed development, so as to lessen
any adverse impacts upon the development and the developer.
Section 6-29-1150. After the local governing authority has adopted
land development regulations, no subdivision plat or other land
development plan within the jurisdiction of the regulations may be filed
or recorded in the office of the county where deeds are required to be
recorded, and no building permit may be issued until the plat or plan
bears the stamp of approval and is properly signed by the designated
authority. The submission for filing or the recording of a subdivision
plat or other land development plan without proper approval as required
by this chapter is declared a misdemeanor and, upon conviction, is
punishable as provided by law.
Section 6-29-1160. (A) The land development regulations
adopted by the governing authority must include a specific procedure for
the submission and approval or disapproval by the planning commission
or designated staff. These procedures may include requirements for
submission of sketch plans, preliminary plans, and final plans for review
and approval or disapproval. Time limits, not to exceed sixty days, must
be set forth for action on plans or plats, or both, submitted for approval
or disapproval. Failure of the designated authority to act within sixty
days of the receipt of development plans or subdivision plats with all
documentation required by the land development regulations is deemed
to constitute approval and the developer must be issued a letter of
approval and authorization to proceed based on the plans or plats and
supporting documentation presented. The sixty-day time limit may be
extended by mutual agreement.
(B) A record of all actions on all land development plans and
subdivision plats with the grounds for approval or disapproval and any
conditions attached to the action must be maintained as a public record.
In addition, the developer must be notified in writing of the actions
taken.
(C) Staff action, if authorized, to approve or disapprove a land
development plan may be appealed to the planning commission by any
party at interest. The planning commission shall act on the appeal
within sixty days and the action of the planning commission is final. An
appeal from the decision of the planning commission may be taken to
circuit court within thirty days after actual notice of the decision.
Section 6-29-1170. The county official whose duty it is to accept
and record real estate deeds and plats may not accept, file, or record a
land development plan or subdivision plat involving a land area subject
to land development regulations adopted pursuant to this chapter unless
the development plan or subdivision plat has been properly approved.
If a public official violates the provisions of this section, he is, in each
instance, subject to the penalty provided in this article and the affected
governing body, private individual, or corporation has rights and
remedies as to enforcement or collection as are provided, and may enjoin
any violations of them.
Section 6-29-1180. The approval of the land development plan or
subdivision plat may not be deemed to automatically constitute or effect
an acceptance by the municipality or the county or the public of the
dedication of any street, easement, or other ground shown upon the plat.
Public acceptance of the lands must be by action of the governing body
customary to these transactions.
Section 6-29-1190. In circumstances where the land development
regulations adopted pursuant to this chapter require the installation and
approval of site improvements prior to approval of the land development
plan or subdivision plat for recording in the office of the county official
whose duty it is to accept and record the instruments, the developer may
be permitted to post a surety bond, certified check, or other instrument
readily convertible to cash. The surety must be in an amount equal to at
least one hundred twenty-five percent of the cost of the improvement.
This surety must be in favor of the local government to insure that, in the
event of default by the developer, funds will be used to install the
required improvements at the expense of the developer.
Section 6-29-1200. The owner or agent of the owner of any property
being developed within the municipality or county may not transfer title
to any lots or parts of the development unless the land development plan
or subdivision has been approved by the local planning commission or
designated authority and an approved plan or plat recorded in the office
of the county charged with the responsibility of recording deeds, plats,
and other property records. A transfer of title in violation of this
provision is a misdemeanor and, upon conviction, must be punished in
the discretion of the court. A description by metes and bounds in the
instrument of transfer or other document used in the process of transfer
does not exempt the transaction from these penalties. The municipality
or county may enjoin the transfer by appropriate action.
Section 6-29-1210. (A) A local planning commission created
under the provisions of this chapter shall, by proper certificate, approve
and authorize the name of a street or road laid out within the territory
over which the commission has jurisdiction. It is unlawful for a person
in laying out a new street or road to name the street or road on a plat, by
a marking or in a deed or instrument without first getting the approval
of the planning commission. Any person violating this provision is
guilty of a misdemeanor and, upon conviction, must be punished in the
discretion of the court.
(B) A commission may, after reasonable notice through a
newspaper having general circulation in which the commission is
created and exists, change the name of a street or road within the
boundary of its territorial jurisdiction:
(1) when there is duplication of names or other conditions
which tend to confuse the traveling public or the delivery of mail,
orders, or messages;
(2) when it is found that a change may simplify marking or
giving of directions to persons seeking to locate addresses; or
(3) upon any other good and just reason that may appear to the
commission.
On the name being changed, after reasonable opportunity for a public
hearing, the planning commission shall issue its certificate designating
the change, which must be recorded in the office of the register of mesne
conveyances or clerk of court, and the name changed and certified is the
legal name of the street or road.
Section 6-29-1220. In order to provide stability of public
requirements and regulations and private commitments for tracts of land
of two hundred fifty acres or more which will be developed over a time
frame of ten years or more development agreements are authorized. The
agreements may be entered into between the governing body and the
property owner which binds either the local government, the property
owner, or both, to specific actions at specified times. These
development agreements may be amended from time to time upon
mutual acceptance of the amendments. Amendments, which must
follow zoning amendment procedures, may be initiated by either party
to the agreement. The agreements and any amendments to them must be
filed in the office of the county where deed records are filed and are
covenants which run with the land. These development agreements may
only be used with planned development districts."
SECTION 2. Chapter 27 of Title 4, Chapter 23 of Title 5, Section 6-7-310 through Section 6-7-1110 of Chapter 7 of Title 6, and Act 129 of
1963 are repealed, effective five years from the date of approval of this
act by the Governor. At the end of five years, all local planning
programs must be in conformity with the provisions of this act. During
the intervening five years, this act is cumulative and may be
implemented at any time.
SECTION 3. This act takes effect upon approval by the Governor.
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