S*0694(Rat #0532, Act #0475 of 1986)  General Bill, By W.E. Applegate
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 5-23-43 so as to provide for subdivision regulations for reservation and
 dedication of land for public recreational purposes or the payment of cash
 contributions earmarked in lieu of those purposes and to require a local
 governing body to adopt regulations in accordance with the provisions of this
 Section in order to avail itself of the powers conferred by Article 1 of
 Chapter 23 of Title 5 (Zoning) and establish what must be contained in the
 regulation; Section 5-23-45 so as to authorize the Zoning Commission in
 accorance with a Central Business District Parking Facility Plan and Program,
 to recommend to the local legislative body regulations which permit reduction
 or waiver of parking requirements within such district in return for cash
 contributions or dedication of land earmarked for public parking spaces;
 Section 5-23-47 so as to authorize the local governing body after review by
 the Zoning Commission to adopt conditional use regulations for planned
 residential, commercial, and community facility developments authorized
 pursuant to the zoning ordinances; Section 5-23-605 so as to provide for
 subdivision regulations for reservation and dedication of land for public
 recreational purposes or the payment of cash contributions earmarked in lieu
 of those purposes and to require a local governing body to adopt regulations
 in accordance with the provisions of this Section in order to avail itself of
 the powers conferred by Article 5 of Chapter 23 of Title 5 (Planning
 Commissions) and establish what must be contained in the regulation; Section
 5-23-685 so as to authorize the local governing body after review by the
 Zoning Commission to adopt conditional use regulations for planned
 residential, commercial, and community facility developments authorized
 pursuant to the zoning ordinances; Section 5-23-687 so as to authorize the
 Zoning Commission in accordance with a Central Business District Parking
 Facility Plan and Program to recommend to the local legislative body
 regulations which permit reduction or waiver of parking requirements within
 such district in return for cash contributions or dedications of land
 earmarked for public parking spaces; to amend Section 5-23-20, relating to the
 division of a municipality into zoning districts, so as to add to the powers
 conferred upon a municipal governing body the authority to require off-street
 parking and loading and to provide that the regulations established pursuant
 to this Section may provide that land, buildings, and structures and the uses
 thereof, which are lawful at the time of enactment or amendment of zoning
 regulations, may be continued; to amend Section 5-23-60, relating to the
 recommendations for zoning amendments made by the Zoning Commission, so as to
 authorize the Commission to recommend to the municipal governing body approval
 of conditional permits authorized by the zoning ordinance; to amend Section
 5-23-620, relating to the contents of regulations governing land subdivisions,
 so as to make a technical amendment; and to amend Section 5-23-680, relating
 to the recommendations for zoning amendments made by the Planning Commission
 to the municipal governing body, so as to authorize the Commission to
 recommend the approval of conditional permits.-amended title

   06/05/85  Senate Introduced and read first time SJ-2820
   06/05/85  Senate Referred to Committee on Judiciary SJ-2821
   02/05/86  Senate Committee report: Favorable Judiciary SJ-453
   02/06/86  Senate Read second time SJ-515
   02/06/86  Senate Ordered to third reading with notice of
                     amendments SJ-515
   02/12/86  Senate Amended SJ-571
   02/12/86  Senate Read third time and sent to House SJ-572
   02/13/86  House  Introduced and read first time HJ-704
   02/13/86  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-706
   05/07/86  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-2853
   05/13/86  House  Debate adjourned HJ-3017
   05/20/86  House  Amended HJ-3140
   05/20/86  House  Read second time HJ-3141
   05/21/86  House   Read third time HJ-3169
   05/21/86  House  Returned HJ-3169
   05/23/86  Senate Concurred in House amendment and enrolled SJ-3003
   06/04/86         Ratified R 532
   06/05/86         Signed By Governor
   06/05/86         Effective date 06/05/86
   06/05/86         Act No. 475
   06/20/86         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-23-43 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES AND TO REQUIRE A LOCAL GOVERNING BODY TO ADOPT REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION IN ORDER TO AVAIL ITSELF OF THE POWERS CONFERRED BY ARTICLE I OF CHAPTER 23 OF TITLE 5 (ZONING) AND ESTABLISH WHAT MUST BE CONTAINED IN THE REGULATION; SECTION 5-23-45 SO AS TO AUTHORIZE THE ZONING COMMISSION IN ACCORDANCE WITH A CENTRAL BUSINESS DISTRICT PARKING FACILITY PLAN AND PROGRAM, TO RECOMMEND TO THE LOCAL LEGISLATIVE BODY REGULATIONS WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATION OF LAND EARMARKED FOR PUBLIC PARKING SPACES; SECTION 5-23-47 SO AS TO AUTHORIZE THE LOCAL GOVERNING BODY AFTER REVIEW BY THE ZONING COMMISSION TO ADOPT CONDITIONAL USE REGULATIONS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-605 SO AS TO PROVIDE FOR SUBDIVISION REGULATIONS FOR RESERVATION AND DEDICATION OF LAND FOR PUBLIC RECREATIONAL PURPOSES OR THE PAYMENT OF CASH CONTRIBUTIONS EARMARKED IN LIEU OF THOSE PURPOSES AND TO REQUIRE A LOCAL GOVERNING BODY TO ADOPT REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION IN ORDER TO AVAIL ITSELF OF THE POWERS CONFERRED BY ARTICLE 5 OF CHAPTER 23 OF TITLE 5 (PLANNING COMMISSIONS) AND ESTABLISH WHAT MUST BE CONTAINED IN THE REGULATION; SECTION 5-23-685 SO AS TO AUTHORIZE THE LOCAL GOVERNING BODY AFTER REVIEW BY THE ZONING COMMISSION TO ADOPT CONDITIONAL USE REGULATIONS FOR PLANNED RESIDENTIAL, COMMERCIAL, AND COMMUNITY FACILITY DEVELOPMENTS AUTHORIZED PURSUANT TO THE ZONING ORDINANCES; SECTION 5-23-687 SO AS TO AUTHORIZE THE ZONING IN ACCORDANCE WITH A CENTRAL BUSINESS DISTRICT PARKING FACILITY PLAN AND PROGRAM COMMISSION TO RECOMMEND TO THE LOCAL LEGISLATIVE BODY REGULATIONS WHICH PERMIT REDUCTION OR WAIVER OF PARKING REQUIREMENTS WITHIN SUCH DISTRICT IN RETURN FOR CASH CONTRIBUTIONS OR DEDICATIONS OF LAND EARMARKED FOR PUBLIC PARKING SPACES; TO AMEND SECTION 5-23-20, RELATING TO THE DIVISION OF A MUNICIPALITY INTO ZONING DISTRICTS, SO AS TO ADD TO THE POWERS CONFERRED UPON MUNICIPAL GOVERNING THE AUTHORITY TO REQUIRE OFF-STREET PARKING AND LOADING AND TO PROVIDE THAT THE REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION MAY PROVIDE THAT LAND, BUILDINGS, AND STRUCTURES AND THE USES THEREOF, WHICH ARE LAWFUL AT THE TIME OF ENACTMENT OR AMENDMENT OF ZONING REGULATIONS, MAY BE CONTINUED; TO AMEND SECTION 5-23-60, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE ZONING COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND TO THE MUNICIPAL GOVERNING BODY APPROVAL OF CONDITIONAL PERMITS AUTHORIZED BY THE ZONING ORDINANCE; TO AMEND SECTION 5-23-620, RELATING TO THE CONTENTS OF REGULATIONS GOVERNING LAND SUBDIVISIONS, SO AS TO MAKE A TECHNICAL AMENDMENT; AND TO AMEND SECTION 5-23-680, RELATING TO THE RECOMMENDATIONS FOR ZONING AMENDMENTS MADE BY THE PLANNING COMMISSION TO THE MUNICIPAL GOVERNING BODY, SO AS TO AUTHORIZE THE COMMISSION TO RECOMMEND THE APPROVAL OF CONDITIONAL PERMITS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 5-23-43. Subdivision regulations may further provide for reservation and dedication of land for parks, playgrounds, or other public recreational purposes or the payment of cash contributions earmarked for such purposes in lieu thereof, but only after the adoption by the local governing body of a comprehensive park and recreation plan which includes guidelines for preferred open-space reservation locations. In order to avail itself of the powers conferred by this article, the governing body must adopt regulations in accordance with this Section."

The regulations must provide that a subdivider of land dedicate land areas, sites and locations for park, playgrounds or other public recreational purposes, as are reasonably necessary to serve the proposed subdivision and the future residents thereof. The land required to be dedicated shall bear a reasonable relationship to the impact on park, playground and recreational needs posed by the anticipated number of future developments in the area subdivided. 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 upon the number and type of dwelling units or structures to be included in each subdivision 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 subdivisions and residents thereof.

The local governing body may also adopt, as part of its subdivision control regulations, provisions requiring a subdivider, in lieu of such 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 so dedicated, where the local governing body determines that it would not be in the public interest to accept a dedication in connection with a particular proposed subdivision. 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.

The regulations must also provide for the manner of making payment. The regulations may provide that the payment be deferred or made in installments following approval of a subdivision plat, and may require the posting of a good and sufficient surety bond guaranteeing the payment thereof. All funds so received must be held by the local governing body in a special account which must be applied and used only for the purpose of acquiring park, playground and recreational sites for the benefit of the future residents of the subdivision for which the payment was made.

The regulations may also provide that the dedication of land, or the payment of a fee in lieu thereof, may be waived, partially or entirely, where a subdivider provides private open space for park, playground and recreational purposes, which space is to be privately owned and maintained by future residents of the subdivision, where it is found to be in the public interest to do so, based upon standards adopted by the local governing body.

The regulations must also provide that the local governing body or an agency thereof, shall have the final decision in selecting the location of land areas to be dedicated for park, playground and recreational purposes. In exercising such authority, the local governing body must 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 subdivision, so as to lessen any adverse impacts upon the subdivision and the subdivider."

"Section 5-23-45. In accordance with a central business district parking facility plan and program, which includes guidelines for preferred parking locations and indicates prohibited parking areas, the zoning commission may recommend and the local legislative body may adopt, regulations which permit the reduction or waiver of parking requirements within such district in return for cash contributions or dedications of land earmarked for provision of public parking spaces which contributions or dedications must be used within the district and may not be used for any other purpose. Such cash contribution or the value of the land shall not exceed the approximate cost to build the required spaces that would have incurred had not the reduction or waiver been granted."

"Section 5-23-47. The local governing body after review by the zoning commission may, adopt conditions with respect to use, hereafter called conditional use regulations, for planned residential, commercial, and community facility developments authorized pursuant to the zoning ordinance. The conditional use permits are intended to encourage good community site planning for large residential, commercial, and community facility developments that are planned as a unit, where district regulations may impose rigidities and thereby prevent achievement of a better site plan within overall zoning bulk and density controls. Conditional use regulations authorized under the provisions of this section may provide for variations from district regulations concerning use, setbacks, lot size, density, bulk and other district requirements to accommodate flexibility in the arrangement of dwellings, shops, vegetation, open spaces, covered malls, parking, institutional facilities, and ancillary structures on the land for the general purpose of promoting and protecting public health, safety, and general welfare."

SECTION 1A. The 1976 Code is amended by adding:

"Section 5-23-605. Subdivision regulations may further provide for reservation and dedication of land for parks, playgrounds, or other public recreational purposes or the payment of cash contributions earmarked for such purposes in lieu thereof, but only after the adoption by the local governing body of a comprehensive park and recreation plan which includes guidelines for preferred open-space reservation locations. In order to avail itself of the powers conferred by this article, the governing body must adopt regulations in accordance with this Section." The regulations must provide that a subdivider of land dedicate land areas, sites and locations for park, playgrounds or other public recreational purposes, as are reasonably necessary to serve the proposed subdivision and the future residents thereof. The land required to be dedicated shall bear a reasonable relationship to the impact on park, playground and recreational needs posed by the anticipated number of future developments in the area subdivided. 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 upon the number and type of dwelling units or structures to be included in each subdivision 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 subdivisions and residents thereof.

The local governing body may also adopt, as part of its subdivision control regulations, provisions requiring a subdivider, in lieu of such 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 so dedicated, where the local governing body determines that it would not be in the public interest to accept a dedication in connection with a particular proposed subdivision. 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.

The regulations must also provide for the manner of making payment. The regulations may provide that the payment be deferred or made in installments following approval of a subdivision plat, and may require the posting of a good and sufficient surety bond guaranteeing the payment thereof. All funds so received must be held by the local governing body in a special account which must be applied and used only for the purpose of acquiring park, playground and recreational sites for the benefit of the future residents of the subdivision for which the payment was made.

The regulations may also provide that the dedication of land, or the payment of a fee in lieu thereof, may be waived, partially or entirely, where a subdivider provides private open space for park, playground and recreational purposes, which space is to be privately owned and maintained by future residents of the subdivision, where it is found to be in the public interest to do so, based upon standards adopted by the local governing body.

The regulations must also provide that the local governing body or an agency thereof, shall have the final decision in selecting the location of land areas to be dedicated for park, playground and recreational purposes. In exercising such authority, the local governing body must 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 subdivision, so as to lessen any adverse impacts upon the subdivision and the subdivider.

SECTION 2. The 1976 Code is amended by adding:

"Section 5-23-685. The local governing body after review by the zoning commission may, adopt conditions with respect to use, hereafter called conditional use regulations, for planned residential, commercial, and community facility developments authorized pursuant to the zoning ordinance. The conditional use permits are intended to encourage good community site planning for large residential, commercial, and community facility developments that are planned as a unit, where district regulations may impose rigidities and thereby prevent achievement of a better site plan within overall zoning bulk and density controls. Conditional use regulations authorized under the provisions of this section may provide for variations from district regulations concerning use, setbacks, lot size, density, bulk and other district requirements to accommodate flexibility in the arrangement of dwellings, shops, vegetation, open spaces, covered malls, parking, institutional facilities, and ancillary structures on the land for the general purpose of promoting and protecting public health, safety, and general welfare. "

"Section 5-23-687. In accordance with a central business district parking facility plan and program, which includes guidelines for preferred parking locations and indicates prohibited parking areas, the zoning commission may recommend and the local legislative body may adopt, regulations which permit the reduction or waiver of parking requirements within such district in return for cash contributions or dedications of land earmarked for provision of public parking spaces which contributions or dedications must be used within the district and may not be used for any other purpose. Such cash contribution or the value of the land shall not exceed the approximate cost to build the required spaces that would have incurred had not the reduction or waiver been granted."

SECTION 3. Section 5-23-20 of the 1976 Code is amended to read:

"Section 5-23-20. For any or all of the purposes provided in Section 5-23-10, the local municipal governing body may divide the municipality into districts of such number, shape, and area as may be considered best suited to carry out the purposes of this article. Within the districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. It may require off-street parking and loading. All the regulations must be uniform for each class or kind of building throughout each district, except as provided in Section 5-23-47, but the regulations in one district may differ from those in other districts. The regulations may provide that land, buildings, and structures and the uses thereof which are lawful at the time of enactment or amendment of zoning regulations may be continued although not in conformity with the regulations or amendments, hereinafter called a nonconformity. The municipal governing body, upon recommendation of the zoning commission, may provide in the zoning ordinance for the continuance, restoration, reconstruction, extension, or substitution of nonconformities."

SECTION 4. Section 5-23-60 of the 1976 Code is amended to read:

"Section 5-23-60. In order to avail itself of the powers conferred by this article the municipal governing body shall appoint a commission to be known as the zoning commission to recommend the boundaries of the various original districts and appropriate regulations to be enforced in the districts. The commission shall make a preliminary report and hold public hearings on the districts before submitting its final report and the governing body shall not hold its public hearing or take action until it has received the final report of the commission. When a city planning commission already exists, it may be appointed as the zoning commission. The zoning commission may further recommend to the municipal governing body approval of conditional permits authorized pursuant to the zoning ordinance."

SECTION 5. Section 5-23-620 of the 1976 Code is amended to read:

"Section 5-23-620. The regulations may include provisions as to the extent to which streets and other ways are graded and improved and to which water, sewer, and other utility mains, piping, or other facilities must be installed as a condition precedent to the approval of the plat. The regulations or practice of the commission may provide for tentative approval of the plat previous to the installation, but a tentative approval is revocable and must not be entered on the plat. In lieu of the completion of the improvements and utilities prior to the final approval of the plat, the commission may accept a bond with adequate surety to secure to the municipality the actual construction and installation of the improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the commission. The municipality may enforce the bond by all appropriate legal and equitable remedies."

SECTION 6. Section 5-23-680 of the 1976 Code is amended to read:

"Section 5-23-680. The planning commission may, from time to time, recommend to the municipal governing body amendments of the zoning ordinance or map or additions to it to conform to the commission's recommendations for the zoning regulation of the territory comprised within approved subdivisions. The planning commission may further recommend to the governing body approval of conditional permits authorized pursuant to the zoning ordinance."

SECTION 7. This act shall take effect upon approval by the Governor.