Current Status Introducing Body:House Bill Number:4707 Primary Sponsor:Harrison Committee Number:25 Type of Legislation:GB Subject:Local Governments Residing Body:House Introduced Date:19940209 Last History Body:House Last History Date:19940209 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Harrison Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4707 House 19940209 Introduced, read first time, 25
referred to Committee
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TO AMEND ARTICLES 5, 7, 9, AND 11, AS AMENDED, CHAPTER 7, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING BY LOCAL GOVERNMENTS, AND TO ADD ARTICLES 15 AND 17 TO CHAPTER 7 OF TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION FOR LOCAL GOVERNMENTS; TO MOVE THE PROVISIONS OF CHAPTER 31 OF TITLE 6 AND CHAPTER 23 OF TITLE 5 UNDER CHAPTER 7 OF TITLE 6; 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 ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that certain laws governing the planning by local governments need to be consolidated and updated.
SECTION 2. Articles 5, 7, 9, and 11 of Chapter 7, Title 6, of the 1976 Code are amended to read:
Section 6-7-310. For purposes of this chapter,Local `local planning commission' means a municipal planning commission, a county planning commission, or a joint city-county planning commission, or a consolidated government planning commission.
Section 6-7-320. The governing authority of each municipality may create a municipal planning commission. The governing authority of each county may create a county planning commission. The governing body of a consolidated political subdivision may create a consolidated government planning commission. Any combinations combination of municipal councils and a county council municipalities or counties, may jointly create a joint planning commission.
Section 6-7-330. (A) Any A municipality may exercise the powers granted under the provisions of this chapter in the total area within its corporate limits upon passage of an appropriate ordinance to that effect by the municipal governing authority. Any A county may exercise the powers granted under the provisions of this chapter in the total unincorporated area or specific parts thereof upon the passage of an appropriate resolution ordinance, to that effect by the county governing authority.
(B) Unincorporated areas of the county or counties adjacent to incorporated municipalities may be added to and included in the area under municipal jurisdiction for the purposes of this chapter. The agreement adding unincorporated areas to municipal jurisdiction must be formally approved and executed by the municipal and county councils involved. Approval and execution of an agreement to add unincorporated areas to municipal jurisdiction exists when provided that the governing authorities of the municipality municipal and county councils involved shall agree as to have adopted ordinances establishing:
(1) the boundaries of such the additional areas; described in terms of easily identifiable physical features and landmarks and established political entities,
(2) procedures for the exercise of powers granted in this chapter and the limitations of the authority to be exercised by the municipality; and
(3) the manner of obtaining equitable representation on the boards and commissions provided for under this chapter. The agreement shall be formally stated in appropriate official action by the governing authorities involved.
(C) The governing body of any a municipality may designate by ordinance its the county planning commission as the official planning commission of such the municipality. In the event of such the designation, and acceptance by the county, planning commission and the governing authority of the county, the county planning commission may exercise such the powers and duties as provided in this chapter for the designated municipal municipality planning commissions as are specified in the agreement reached by the governing authorities. Such The agreement shall must specify the procedures for the exercise of powers granted in this chapter and shall must provide for the equitable address the issue of municipal and county representation of the municipality and the county on the boards and commissions required by authorized under this chapter. This agreement shall must be formally stated in appropriate official action adopted ordinances by the governing authorities involved.
Section 6-7-340. (A) It shall be is the function and duty of the local planning commission upon the authorization of the governing authority or authorities to prepare the comprehensive plan and program for the physical, social, and economic growth, development and redevelopment of the area within its jurisdiction in order. The plans and program must be designed to promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as the efficiency and economy in the development of its jurisdiction. The comprehensive plan, and program, and completed major parts of the plan shall must include recommended means of implementation and shall must be based upon careful and comprehensive surveys and studies of existing conditions and probable future development.
(B) In the discharge of its responsibilities, the local planning commission shall have has the power to:
(1) Prepare prepare and revise periodically a comprehensive plan plans and program programs for the development and redevelopment of its area of jurisdiction as provided in this chapter.; and
(2) Prepare prepare and recommend for adoption to the appropriate governing authority or authorities as a means for implementing the plan and program in its area of jurisdiction, the following:
(a) Zoning zoning ordinances to include or resolutions, and maps and appropriate revisions thereof of them for its jurisdiction, as provided in this chapter;
(b) Regulations regulations for the subdivision of land and appropriate revisions thereof of them within its area of jurisdiction, and to administer the regulations that may be adopted as provided in this chapter;
(c) An an official map and appropriate revision thereof of 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 such rights-of-way, building sites, or open spaces within its political area of jurisdiction or a specified portion thereof of it, as set forth in this chapter;
(d) A a capital program for its area of jurisdiction based on the comprehensive plan and the capital improvements necessary to implement the plan. Such a The capital program shall must include an annual capital budget based on estimates of the cost of proposed projects and the means of financing them. The commission shall submit the capital program, including the capital budget, to the governing authority or authorities as directed.
Section 6-7-350. The local planning commission may make, publish, and distribute maps, plans, and reports and recommendations relating to the plan and program and the development of its political 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 thereon, on them. provided, however However, that the planning commission shall be is liable for any injury or damage to property resulting therefrom from them. In general, the planning commission shall have has such powers as may be necessary to enable it to perform its functions and promote the planning of its political jurisdiction.
Section 6-7-360. (A) A local planning commission serving not more than two political jurisdictions shall may have not have less than five nor more than nine members. A local planning commission serving three or more political jurisdictions shall may not have a membership greater than four times the number of jurisdictions it serves. Up to fifty percent of the members must reside outside the limits of a municipal corporation based on the percentage of population of the area of the commission which lives without municipal corporation limits. 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, within the commission's area of jurisdiction.
(B) No member of a planning commission may hold an elected public office in the municipality or county from which he is appointed. Members of the commission first to serve shall 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, shall must be determined by the governing authority or authorities creating the commission. Any A vacancy in the membership of a planning commission shall 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 for cause after written notice and public hearing.
Section 6-7-370. (A) A local planning commission shall organize itself electing one of its members as chairman and one as vice-chairman whose terms shall 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 for the transaction of business of organizational procedure and shall keep a public record of its resolutions, transactions, findings, and determinations, which record shall be a public record. The planning commission may make expenditures for the purchase of equipment and supplies, employ such staff and consult with and retain such experts, and enter into contracts, as it deems considers necessary and consistent with funds available. It may make expenditures for salaries of any employees and staff, contracts with consultants, and for the purchase of required equipment and supplies. The expenditures of the planning commission, exclusive of gifts to the commission or contract receipts, shall must be within the amounts appropriated for the purpose by the governing authority or authorities empowered to may determine, agree upon, and appropriate funds for the payment of the expenses of the planning commission or their respective shares thereof.
Section 6-7-380. 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 thereon on it shall may not be taken until the planning commission has submitted a report thereon on it or has had a reasonable period of time, as determined by the governing authority to submit a report.
Section 6-7-390. The A local planning commission may cooperate with, contract with, or accept funds from federal, state, or local governments, including those of other states, public or semipublic agencies, or private individuals or corporations; it may expend such funds; and it may carry out such cooperative undertakings and contracts as it deems considers necessary.
Section 6-7-510. (A) It shall be is the duty of a local planning commission to prepare the comprehensive plan for the long-range development of its area of jurisdiction and to perfect it from time to time. Among other things, such The comprehensive plan, may show with the accompanying maps, charts, and descriptive materials, shall show the planning commission's recommendation for the development and redevelopment of its area of jurisdiction and shall show the general location, character, and extent of, but is not limited to, the following: existing and proposed streets, highways, expressways, bridges, tunnels, viaducts and approaches thereto; routes of railroads and transit lines, terminals, ports, airports; parks, playgrounds, forests, reservations, and other public open spaces; sites for public buildings, and structures, and other public property; districts for residence, business, industry, recreation, agriculture, forestry; special districts for other purposes; limited development districts for purposes of promoting conservation, adequate water supply, sanitation, sewage treatment, drainage, protection against floods, roadside appearance, and the like; areas for housing developments; location of public utilities whether publicly or privately owned including, but not limited to, sewerage and water supply system; zoning districts, and other features.
(B) The comprehensive plan shall recommend long-range development patterns and programs which shall must be expressed in five-year increments. The comprehensive plan shall must be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources, and problems, and other useful data.
(C) The local planning commission may adopt and recommend major parts of the comprehensive plan to cover one or more sections of the commission's area of jurisdiction or one or more of the functional matters to be included in the plan. Such The plan shall must be adopted, added to, and changed from time to time, by a majority vote of the planning commission. The local planning commission shall review the comprehensive plan or parts thereof 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.
(D) The comprehensive plan and its parts shall must be considered to be an expression of the planning commission's recommendations to the appropriate governing bodies with regard to the future growth, and development and redevelopment of its area of jurisdiction and, as such, shall must be a public record.
Section 6-7-520. In the preparation of such the comprehensive plan, the local planning commission shall make, or cause to be made, careful and comprehensive surveys and studies of present conditions and trends of future growth in its planning area of jurisdiction. The plan shall must be made and used for the purpose of guiding and accomplishing the coordinated, adjusted, and harmonious development or redevelopment of the planning area which will, in accordance with present and future needs, best promote the public health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development or redevelopment, including adequate provision for traffic, the promotion of safety from fire or other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design, appearance, and arrangement, wise and efficient expenditure of public funds, and the adequate provision of public utilities and other public requirements.
Section 6-7-530. Before the adoption or amendment of the comprehensive plan or any part of it, amendment, extension or addition, the planning commission shall hold at least one a public hearing thereon on it, after not less than fifteen days' notice of the time and place of such the hearing shall have has been given in a newspaper having general circulation in the planning area commission's area of jurisdiction.
Section 6-7-540. The Adoption adoption of the recommended comprehensive plan or of any part of it, amendment, extension or addition shall must be by resolution of the planning commission, and carried by the affirmative votes of at least a majority of the entire membership. The resolution shall must refer expressly to maps and other descriptive matter intended by the planning commission to form the whole or part of the recommended plan and the action taken shall must be recorded in its official minutes of the planning commission by the identifying signature of the chairman and secretary of the commission. A copy of the recommended plan or part thereof of it must be transmitted as adopted shall be certified to the appropriate governing authorities and to all other legislative and administrative agencies affected by the plan.
Section 6-7-550. The local planning commission shall may recommend to the appropriate governing body and the body may adopt the comprehensive plan as a whole by a single resolution ordinance or parts of the plan by successive resolutions ordinances. Such The parts shall must 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.
Section 6-7-560. The governing authority may formally approve the comprehensive plan by appropriate official action either as a whole or as parts are completed and adopted by the planning commission. The local planning commission may promote public interest in an understanding of the plan and may publish and distribute copies of the plan or of any report, and employ other means of publicity and education as the commission determines necessary.
Section 6-7-570. Whenever When the local planning commission shall has recommended and the local governing authority or authorities have adopted a comprehensive plan, or one or more related parts, no new street, square, park or other public way, grounds or open space, or public building, structure or public utility, whether publicly or privately owned, shall may be constructed or authorized in the political jurisdiction of the governing authority or authorities establishing said the planning commission until the location, character, and extent thereof of it shall have has been submitted to and approved by the planning commission. In case of disapproval, the commission shall communicate its reasons to the governing authority or authorities it serves, which shall have has the power to overrule such the disapproval by the recorded vote of not less than two thirds of its entire membership. But if authorization or financing of the proposed public way, ground, space, building, structure, or utility within such the jurisdiction does not, under the law, fall within the province of the local planning commission's governing authority or authorities, then the governmental entity having such the jurisdiction shall request approval by the local planning commission. In case of the disapproval by the local planning commission, it shall communicate its reasons to its governing authority or authorities with recommended actions to be taken. Failure of the planning commission to act within sixty days from and after the date of official submission to it shall be is deemed approval.
Section 6-7-710. (A)For the purposes of guiding development in accordance with existing and future needs and in order to protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare, the governing authorities of municipalities and counties may, in accordance with the conditions and procedures specified in this chapter, adopt zoning ordinances to regulate:
(1) the location, height, bulk, number of stories, and size of buildings and other structures,;
(2) the percentage of lot which may be occupied, the sizes of yards, courts, and other open spaces,;
(3) the density and distribution of populations, and;
(4) the uses of buildings, structures, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, airports and approaches to them,; and
(5) the water supply, sanitation, protection against floods, public activities, and other purposes.
(B) The zoning ordinance regulations must be made in accordance with the comprehensive plan for the area of jurisdiction as described in this chapter and must be designed to: lessen congestion in the streets;
(1) to secure safety from fire, panic, and other dangers,;
(2) to promote the public health and the general welfare,;
(3) to provide adequate light and air; to prevent the overcrowding of land;, to avoid undue concentration of population;
(4) to protect scenic areas; to include provisions for landscaping and protection and regulation of trees in consideration of their value from an environmental, agricultural, aesthetic, scenic, or preservation standpoint, however, this authority does not include the regulation of commercial timber operations, nor shall does this authority restrict the ability of public utilities and electric suppliers from maintaining safe clearance around utility lines; and
(5) to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
(C) The South Carolina Forestry Commission, through its urban forestry assistance program, may provide recommendations and assistance to municipalities and counties for evaluation, care, and preservation of trees covered by regulations under this chapter as part of the comprehensive plan for the jurisdiction.
(D) These regulations must be made with reasonable consideration, among other things, of the character of each area and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of land and buildings, and encouraging the most appropriate use of land and buildings and structures.
Section 6-7-720. (A) Upon the authorization of the governing authority, the local planning commission may make and certify to its governing authority or authorities the text of the recommended zoning ordinance or resolution or both and the zoning maps. Then the governing authority of the municipality or county may exercise the powers granted in this chapter and, for the purposes mentioned, shall create zoning districts of such number, shape, and size as it may determine to be best suited to carry out the purposes of this chapter.
(B) Within such zoning districts, the governing authority may regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and the uses of land in accordance with the first five-year increment of the comprehensive plan. The governing authority may require off-street parking and loading. All such of the regulations shall must be uniform for each class or kind of building, or use throughout each district, but the regulations in one district may differ from those in other districts and they may be amended from time to time.
(C) The regulations may provide that land, buildings, and structures and the uses thereof of them which are lawful at the time of the enactment or amendment of zoning regulations may be continued although not in conformity with such the regulations or amendments, hereinafter which are called in this chapter a nonconformity. The governing authority of any municipality or county may provide in the zoning ordinance or resolution for the continuance, restoration, reconstruction, extension, or substitution of nonconformities.
(D) Such The governing authority or authorities may also provide for the termination of any a nonconformity by specifying the period or periods in which the nonconformity shall be is required to cease or brought into conformance, or by providing a formula whereby where the compulsory termination of nonconformities may be so fixed as to allow for the recovery or amortization of the investment in such the nonconformity.
Section 6-7-725. (A) The local governing body after review by the local planning commission may adopt conditions with respect to use, called conditional use regulations, for planned residential, commercial, and community facility development 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 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 6-7-730. (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 thereon on it, which shall 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 such the public hearing shall 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 certified recommended by the local planning commission shall may be made pursuant to such the hearing unless such the change or departure be is first submitted to the planning commission for review and recommendation. The planning commission shall have has thirty days within which to submit its report and recommendation to the governing authority. If the planning commission fails to submit a report within the thirty-day period, it shall be 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 shall be is required before amending the zoning ordinance or resolution or maps.
(B) No challenge to the adequacy of notice or challenge to the validity of a regulation or map, or amendment thereto to it, whether enacted before or after the effective date of this section because of inadequacy of notice, shall may be made more than two years 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 6-7-740. (A) The zoning ordinance may provide for the appropriate governing authority of the municipality and the governing authority of the county may each to create a board to be known as either the board of zoning appeals or zoning board of adjustment or they the jointly municipalities and counties with a joint planning commission and adopting a common zoning ordinance may create a board to be known as the joint board of zoning appeals. or joint board of adjustment, all All such of these boards hereinafter are referred to in this chapter as the board.
(B) The board must consist 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 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. Members are removable for cause by the appointing authority upon written charges and after a public hearing. The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of a board of zoning appeals or zoning board of adjustment. None of the members may hold any other public office or position in the municipality or county.
(C) The board shall elect one of its members chairman, who shall serve for one year or until he is reelected 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 planning commission. The board shall adopt rules in accordance with the provisions of any an ordinance or resolution adopted pursuant to this chapter. Meetings of the board shall must be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his 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 such the fact, and shall keep records of its examinations and other official actions, all of which shall must be immediately filed in the office of the board and shall must be a public record.
(D) Appeals to the board may be taken submitted by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. Such The appeal shall must be taken submitted 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 zoning appeals notice of appeal specifying the ground thereof of it. If no time is provided, the appeals must be filed 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 shall forthwith transmit immediately to the board all the papers constituting the record upon which the action appealed from was taken.
(E) 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 shall have 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 such that case, proceedings shall 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.
(F) The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof 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.
(G) The board of appeals or board of adjustment shall have has the following powers:
(1) to hear and decide appeals where it is alleged there is error in any order, requirement decision, or determination made by an administrative official in the enforcement of any the zoning ordinance or resolution adopted pursuant to this chapter.;
(2) to authorize upon appeal in specific cases a variance from the terms requirements of the zoning ordinance or resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance or resolution will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance or resolution shall must be observed, public safety and welfare secured, and substantial justice done. A governing body may by ordinance require an affirmative vote of two-thirds of the board members present and voting before a variance may be granted for a use of land, a building, or a structure that is prohibited in a given district by ordinance. Such A variance may be granted in such an individual case of unnecessary hardship upon a finding by the board of appeals that:
(a) there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography,; and
(b) the application of the ordinance or resolution of this to the particular piece of property would create an unnecessary hardship,; and
(c) Such these conditions are peculiar to the particular piece of property involved,; and
(d) relief, if granted, would will not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or resolution or the comprehensive plan,. provided, however, that However, no variance may be granted for a use of land or building or structure that is prohibited in a given district by ordinance or resolution.
(3) to hear and decide special exceptions subject to the terms of any the zoning ordinance upon which such the board is required to pass under the terms of such ordinance;, provided, that the however, the governing authority may by ordinance designate itself or another body as the proper body to hear and decide special exceptions.; and
(4) In exercising the above powers, the board of appeals or board of adjustment 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. Except as provided in subsection (G)(2), the concurring vote of a majority of the board present and voting is necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under an ordinance or to effect any variation in an ordinance. Either The board in the execution of the duties specified in this chapter for which appointed may subpoena witnesses and in case of contempt may certify such fact to the circuit court having jurisdiction.
(H) All final decisions and orders of the board shall must be in writing and be permanently filed in the office of the board as a proper public record. All findings of fact and conclusions of law shall must be separately stated in final decisions or orders of the board.
Section 6-7-750. Any person who may have has a substantial interest in any a decision of the board of appeals or board of adjustment or any an officer, or bureau agent of the appropriate governing authority may appeal from any a decision of the board to the circuit court in and for the county by filing with the clerk of such the court a petition in writing setting forth plainly, fully, and distinctly wherein why such the decision is contrary to law. Such The appeal shall must be filed within thirty days after the decision of the board is rendered.
Section 6-7-760. (A) Upon the filing of such an When the appeal is filed, the clerk of the circuit court shall give immediate notice thereof of it to the secretary of the board and within thirty days from the time of such the notice, the board shall cause to be filed file with the clerk a duly certified copy of the proceedings had held before the board of appeals or board of adjustment, including a transcript of the evidence heard before it, if any, and the decision of the board.
(B) The filing of an appeal in the circuit court from any a decision of the board shall 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 6-7-770. In case of contempt by any party, witness, or other person before the board of appeals or board of adjustment, such the board may certify such this fact to the circuit court of the county wherein in which such the contempt occurs and the judge of the court, in open court or in chambers, after hearing, may impose such a penalty as authorized by law.
Section 6-7-780. 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. The findings of fact by the board of appeals shall be final and conclusive on the hearing of such appeal. 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 When the decision of the board should be is reversed by the circuit court, the board shall must be charged with the costs, and they the costs shall must be paid by the governing authority which established the board of appeals or board of adjustment.
Section 6-7-790. Any party at interest who is aggrieved by the judgment rendered by the circuit court upon such 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 6-7-800. (A) The governing authorities of municipalities or counties may provide for the enforcement of an ordinance or resolution adopted pursuant to the provisions of this chapter by withholding permits. The governing authority may establish and fill the position of building official or other administrative officer. Once the position has been established and filled pursuant to the provisions of this chapter, it is unlawful to construct, reconstruct, alter, change the use of, or occupy any land, building, or other structure without first obtaining the appropriate permit from the building official. The building official shall may not issue a permit unless the requirements of this chapter and of any ordinance or resolution adopted pursuant to it have been met. A person who violates an ordinance or resolution adopted pursuant to the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.
(B) In case When a building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or a building, structure, or land is or is proposed to be used in violation of an ordinance or resolution adopted pursuant to this chapter, the building official 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 it is considered a separate offense.
Section 6-7-810. The governing authority may appropriate such monies, otherwise unappropriated, as it deems considers fit to finance the work of the board of appeals or board of adjustment 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 6-7-820. Whenever 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 any other another statute, or local ordinance or regulation, the regulations made under authority of this chapter shall govern. Whenever When the provisions of any other another statute require more restrictive standards than are required by the regulations made under authority of this chapter, the provisions of such that statute shall govern.
Section 6-7-830. (a)(A) All agencies, departments, and subdivisions of this State that use real property, as owner or tenant, in any county or municipality in this State shall be are subject to the zoning ordinances thereof of that county or municipality.
(B) Any A county or agency, department or subdivision thereof of it that uses any real property, as owner or tenant, within the limits of any municipality in this State shall be is subject to the zoning ordinances of the municipality.
(C) Any A municipality or agency, department or subdivision thereof 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 such municipality shall be is subject to the zoning ordinances of the county. (D) The provisions of this section shall do not require any 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 act 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 such purpose. Any such 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 Before locating the home for such 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 and/ 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 shall have forty-five days to make a final selection of the site by majority vote. Such final selection shall be 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 such a community residence without reasonable justification.
(F) Prospective residents of such these homes shall must be screened by the licensing agency to insure ensure that such placement is appropriate.
(G) The licensing agency shall conduct reviews of such the 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.
(b)(H) The governing body of any a county or municipality whose zoning ordinances are so violated by the provisions of this section may apply to any a court of competent jurisdiction for injunctive and such other relief as the court may deem consider proper.
Section 6-7-840. 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 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 that would have incurred had not the reduction or waiver been granted.
Section 6-7-1010. (A) `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, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes resubdivision and, where appropriate, to the process of subdividing or to the land or area subdivided;. provided, however, that However, the following exceptions are included within this definition only for the purpose of requiring that the local planning commission be informed and have record of such these subdivisions:
(1) 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;
(2) the division of land into parcels of five acres or more where no new street is involved.
(B) Plats of such these exceptions shall must be received as information by the local planning commission which shall indicate such that fact on the plats.
Section 6-7-1020. 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 subdivision by municipal municipalities and county counties, governing authorities consolidated political subdivisions is authorized for the following purposes, among others to:
(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, and other public purposes; and
(5) To assure, in general, the wise and timely development of new areas, and redevelopment of previously developed areas in harmony with the comprehensive plan of municipalities and counties local governing authorities.
Section 6-7-1030. (A) The local planning commission shall may prepare and recommend to the local governing authority of the city or the governing authority of the county body or bodies for adoption, regulations governing the subdivision of land within the municipality or unincorporated portion of the county respectively commission's area of jurisdiction. Such The subdivision regulations may provide for the following:
(1) harmonious development of the municipality and the county; (2) for the coordination of streets within subdivisions with other existing or planned streets or official map streets;
(3) for the size sizes of blocks and lots;
(4) 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
(5) for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity, or the general welfare.
(B) In particular, the subdivision regulations shall prescribe that no subdivision plan 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.
(C) Such The subdivision regulations may include requirements as to the extent to which and the manner in which streets shall must be graded, surfaced, and improved,; and the extent to which and the manner in which water, sewers, septic tanks, and other utility mains, piping, connections, or other facilities shall must be installed as a condition precedent to the approval of the subdivision plan or plat.
(D) Such The subdivision regulations may provide that, in lieu of the completion of such the work and installations previous to the final approval of a plat described in subsection (C), the appropriate local governing authority of the municipality or the governing authority of the county may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipality or county the actual construction and installations of such the improvements and utilities within a period specified by the local planning commission and expressed in the bond;. and the The municipality or county is hereby granted the power to enforce such the bonds by all appropriate legal and equitable remedies.
(E) The regulations may also provide, in lieu of the completion of such the work previous to the final approval of a subdivision plan or plat, for an assessment or other method, including deposit of money by the subdivider in an escrow account, whereby the local governing body authority or its agent is put in an assured position to do the work and make the installations and improvements at the expense of the subdivider.
(F) The local governing authority of the municipality and the governing authority of the county are hereby given has the power to adopt and to amend such the land subdivision regulations after a public hearing thereon on it, giving at least fifteen days' notice of the time and place of which shall have been published the hearing by publication in a newspaper of general circulation in the municipality or county.
(G) Upon authorization of the governing authority, the local planning commission may make and certify to its governing authority the text of the recommended regulations governing the subdivision of land. The local governing body of the county authority then may exercise the powers granted in this chapter and, for the purposes mentioned, create subdivision districts of such number, shape, and size as it may determine to be best suited to carry out the purposes of this chapter. The local governing body of the county authority may adopt the recommended regulations for a specific subdivision district.
Section 6-8-1040. From and after After the time the local planning commission shall have has prepared and adopted a comprehensive plan or at least the major street portion of such the comprehensive plan and shall have has recommended to the local governing authority of the municipality or the governing authority of the county and the local governing authority has adopted regulations for the subdivision of land within the municipality or county, respectively, which regulations shall have been adopted by the governing authority of the city or county, then no subdivision plat of a subdivision within the jurisdiction of the regulations may the municipality or within the unincorporated portion of the county shall be filed or recorded in the office of the county where deeds are required to be recorded until it shall have has been submitted to and approved by the planning commission and such the approval is entered in writing on the plat, by the secretary of the planning commission. The filing or recording of a subdivision plat of a subdivision without the approval of the planning commission as required by this chapter is hereby declared a misdemeanor and, upon conviction, is punishable as provided by law.
Section 6-7-1050. After adoption of subdivision regulations by the local governing authority, the local planning commission is hereby given has the authority to give tentative approval or disapproval to preliminary plats and to approve or disapprove final plats. but in each case their action shall Local planning commission approval or disapproval must be taken within sixty days after the submission thereof; otherwise, or such the plats shall be are deemed to have been approved and a certificate to that effect shall must be issued by the planning commission on demand;. provided, however, that However, the applicant party applying for the approval by the local planning commission's commission approval may waive this requirement and consent to the extension of such the time period for approval. The grounds of for disapproval of any plat shall must be stated upon in the records of the planning commission commission's records. Any A plat submitted to the planning commission shall must contain the name and address of a person to whom notice of any hearing hearings may be sent;. and no No plat shall may be acted upon by the planning commission without affording a hearing thereon, on it and notice of the time and place of the hearing must which shall be sent by registered or certified mail to said the address given by the applicant not less than five days before the date fixed therefor set for the hearing.
Section 6-7-1060. The county official whose duty it is to accept and record plats of real estate plats shall not accept, file, or record any a subdivision plat involving any an area subject to any land subdivision regulations adopted pursuant to this chapter which plat unless the subdivision plat or plan has not been properly approved by the local planning commission having jurisdiction. Should If any a public official violate violates the provisions of this section he shall is in each instance be subject to the penalty provided in this article and the affected local governing authority shall have such has rights and remedies as to enforcement or collection as are provided, and may enjoin any violations thereof of them.
Section 6-7-1070. The approval of a subdivision plat by the local planning commission shall may not be deemed to constitute or effect an acceptance by the municipality or the county local governing authority or the public of the dedication of any street or other ground shown upon the subdivision plat.
Section 6-7-1080. (A) It is unlawful for an owner of any land to be subdivided within the municipality or county or his agent to transfer, sell, agree to sell, or negotiate the sale of land by reference to, exhibition of, or by other use of a plat of subdivision of such the land before the plat has been approved by the planning commission and recorded in the office of the clerk of the court.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both. The description of metes and bounds in the instrument of transfer or other document used in the process of selling or transfer does not exempt the transaction from these penalties. The municipality or county may enjoin the transfer, sale, or agreement by appropriate action.
Section 6-7-1090. From and after After the time when the platting jurisdiction of a local planning commission shall have has attached by virtue of the adoption by the local planning commission of a major street plan and the adoption by the governing authority of land subdivision regulations recommended to them by the planning commission, the governing authority or other public authority shall may not accept, lay out, open, improve, grade, pave, or light any street or lay or authorize the laying of any water mains, sewers, connections, or other public facilities or utilities in any street unless such the street shall have has been accepted or opened as, or shall otherwise have has received the legal status of a public street prior to the attachment of the local planning commission's subdivision jurisdiction, or unless such the street corresponds in its location and lines with a street shown on a subdivision plat approved by the local planning commission or on an official map made and adopted by the local planning commission. The local governing authority may locate and construct or may accept any other street provided that the ordinance or resolution or other measure for such approval be first submitted to the local planning commission for its approval or disapproval as provided for in the procedure on plats and upon approval, any such the street shall have has the status of an approved street as fully as though it had been originally shown on a subdivision plat approved or on an official map adopted by the local planning commission. or on an official map made and adopted by the planning commission.
Section 6-7-1100. (A) From and after After the time when the platting jurisdiction of the local planning commission shall have has attached by virtue of adoption by the local planning commission of a major street plan and the adoption by the governing authority of land subdivision regulations recommended to them by the local planning commission, as provided in this chapter, no building permit shall may be issued for and no building or other structure shall be erected on any lot unless the street giving access to the lot upon which the building is proposed to be placed either:
(a)(1) shall have has been accepted or opened as, or shall have otherwise has received the legal status of, a public street prior to that time; or
(b)(2) unless such the street corresponds in its locations and lines with a street shown on a subdivision plat approved by the local planning commission or on an official map made and adopted by the local planning commission and the local governing authority or with a street located and accepted by the local governing authority of the municipality or the governing authority of the county.
(B) Any building erected in violation of this section shall be deemed is an unlawful structure, and the building official or municipal or county attorney or other official designated by the local governing authority of the municipality or the governing authority of the county may bring appropriate action to enjoin such erection or cause it to be vacated or removed.
Section 6-7-1110. (A) A local planning commission created under the provisions of this chapter shall approve by proper certificate and authorize the name of a street or road laid out after July 3, 1967, within its jurisdiction.
(B) The commission, after reasonable notice through a newspaper having general circulation within its jurisdiction, may recommend to the appropriate governing authority a change in the name of a street or road within the boundary of its territorial jurisdiction if:
(1) there is duplication of names or other conditions which tend to confuse the traveling public or the delivery of mail, orders, or messages;
(2) it is found that a change may simplify marking or giving of directions to persons seeking to locate addresses; or
(3) just reason appears to the commission.
(C) After reasonable opportunity for a public hearing, if the governing authority decides to change the name, it shall issue a certificate designating the change, which must be recorded in the office of the register of mesne conveyances or clerk of court. The name as changed and certified becomes the legal name of the street or road.
(D) It is unlawful for a person in laying out a new street or road to name it on a plat by any marking, or in a deed or instrument without first getting the approval of the local planning commission. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined in the discretion of the court.
Section 6-7-1120. (A) Subdivision regulations may further provide for reservation and dedication of land for parks, playgrounds, or other public recreational purposes or for payment of cash contributions earmarked for such purposes in lieu of it, but only after the adoption by the local governing body of a park and recreation component of the comprehensive plan which includes guidelines for preferred open-space reservation locations. In order to avail itself of the powers conferred by this article, the local governing body must adopt regulations in accordance with this section.
(B) The regulations must provide that a developer of land dedicate land areas, sites, and locations for parks, playgrounds, other public recreation purposes as are reasonably necessary to serve the proposed subdivision and the future residents. The land required to be dedicated must bear reasonable relationship to the impact on park, playground, recreational needs posed by the anticipated number of future developments in the area being 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, other public recreational purposes generated by the proposed future subdivisions and residents.
(C) The local governing authority may also adopt, as part of its subdivision regulations provisions requiring a subdivider 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 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.
(D) 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. All funds 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 and developing park, playground, and recreational sites for the benefit of future residents of the subdivision for which the payment was made.
(E) 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 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 development, where it is found to be in the public interest to do so, based upon standards adopted by the local governing body.
(F) The regulations must also provide that the local governing body or an agency of it has 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 subdivider."
SECTION 3. Chapter 7, Title 6 of the 1976 Code is amended by adding:
Section 6-7-1310. A local governing body which enacts a zoning ordinance which makes specific provision for the preservation and protection of historic and architecturally valuable districts and neighborhoods by means of restrictions 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 designated areas, may appoint a board of architectural review or similar body.
Section 6-7-1320. A board of architectural review shall consist of not more than ten members to be appointed by the appropriate governing body which may restrict the membership on the board to those professionally qualified persons as it may desire.
Section 6-7-1330. The board of architectural review has those powers involving the structures and neighborhoods as may be determined by the local legislative body. The board has appellate jurisdiction from rulings of the appropriate administrative officer in any matters under the regulations adopted by the local governing body, initially within the jurisdiction of the administrative officer.
Section 6-7-1340. (A) A person or an officer, department, or board of a local governing body aggrieved by any final decision of the board of architectural review, may present to a court of record having competent jurisdiction a petition, duly verified, setting forth that the decision of the board is illegal in whole, or in part, specifying the ground of the illegality. The petition must be presented to the court within thirty days after the decision of the board.
(B) Upon presentation of the petition, the court may allow a writ of certiorari directed to the board of architectural review to review its decision. The writ must give the time when its return must be made and served upon the petitioner, or his attorney, which shall be not less than ten days, but may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, unless the court on proper application grants a restraining order.
Section 6-7-1510. (A) This article may be cited as the `South Carolina Local Government Development Agreement Act'.
(B) The General Assembly finds:
(1) The lack of certainty in the approval of development can result in a waste of economic and land resources, can discourage sound capital improvement planning and financing, can cause the cost of housing and development to escalate, and can discourage commitment to comprehensive planning.
(2) Assurance to a developer that upon receipt of its development permits it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, reduces the economic costs of development, allows for the orderly planning of public facilities and services, and allows for the equitable allocation of the cost of public services.
(3) Because the development approval process involves the expenditure of considerable sums of money, predictability encourages the maximum efficient utilization of resources at the least economic cost to the public.
(4) Public benefits derived from development agreements may include, but are not limited to, affordable housing, design standards, and on and off-site infrastructure and other improvements. These public benefits may be negotiated in return for the vesting of development rights for a specific period.
(5) Land planning and development involve review and action by multiple governmental agencies. The use of development agreements may facilitate the cooperation and coordination of the requirements and needs of the various governmental agencies having jurisdiction over land development.
(6) Development agreements will encourage the vesting of property rights by protecting such rights from the effect of subsequently enacted local legislation or from the effects of changing policies and procedures of local government agencies which may conflict with any term or provision of the development agreement or in any way hinder, restrict, or prevent the development of the project. Development agreements will provide a reasonable certainty as to the lawful requirements that must be met in protecting vested property rights, while maintaining the authority and duty of government to enforce laws and regulations which promote the public safety, health, and general welfare of the citizens of our State.
(C) It is the intent of the General Assembly to encourage a stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development.
(D) This intent is effected by authorizing the appropriate local governments and agencies to enter into development agreements with developers, subject to the procedures and requirements of this article.
(E) This article must be regarded as supplemental and additional to the powers conferred upon local governments and other government agencies by other laws and must not be regarded as in derogation of any powers existing on the effective date of this chapter.
Section 6-7-1520. As used in this article:
(l) `Comprehensive plan' means the master plan adopted pursuant to Sections 6-7-510, et seq., and the official map adopted pursuant to Section 6-7-1210, et seq.
(2) `Developer' means a person, including a governmental agency, who intends to undertake any development and who has a legal or equitable interest in the property to be developed.
(3) `Development' means the planning for or carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the dividing of land into three or more parcels. `Development', as designated in a law or development permit, includes the planning for and all other activity customarily associated with it unless otherwise specified. When appropriate to the context, `development' refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item.
(4) `Development permit' includes a building permit, zoning permit, subdivision approval, rezoning certification, special exception, variance, or any other official action of local government having the effect of permitting the development of property.
(5) `Governing body' means the county council of a county, the city council of a municipality, the governing body of a consolidated political subdivision, or any other chief governing body of a unit of local government, however designated.
(6) `Land development regulations' means ordinances and regulations enacted by the appropriate governing body for the regulation of any aspect of development and includes a local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of property.
(7) `Laws' means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies and rules adopted by a local government affecting the development of property and includes laws governing permitted uses of the property, governing density, and governing design, improvement, and construction standards and specifications, except as provided in Section 6-7-1640 (A).
(8) `Property' means all real property subject to land use regulation by a local government and includes the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as a part of real property.
(9) `Local government' means any county, municipality, special district, or governmental entity of the State, county, municipality, or region established pursuant to law which exercises regulatory authority over, and grants development permits for land development or which provides public facilities.
(10) `Local planning commission' means any planning commission established pursuant to Section 6-7-320.
(11) `Person' means an individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, state agency, or any legal entity. (12) `Public facilities' means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities.
Section 6-7-1530. A local government may establish procedures and requirements, as provided in this chapter, to consider and enter into development agreements with developers. A development agreement must be approved by the governing body of a county or municipality by the adoption of an ordinance.
Section 6-7-1540. A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains twenty-five acres or more of highland. Development agreements involving property containing no more than two hundred fifty acres of highland shall be for a term not to exceed five years. Development agreements involving property containing one thousand acres or less of highland but more than two hundred fifty acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing two thousand acres or less of highland but more than one thousand acres of highland shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres may be for such term as the local government and developer shall elect.
Section 6-7-1550. (A) Before entering into a development agreement, a local government shall conduct at least two public hearings. At the option of the governing body, the public hearing may be held by the local planning commission.
(B)(1) Notice of intent to consider a development agreement must be advertised in a newspaper of general circulation in the county where the local government is located. If more than one hearing is to be held, the day, time, and place at which the second public hearing will be held must be announced at the first public hearing.
(2) The notice must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained.
(C) In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to defined completion percentages or other defined performance standards to be met by the developer.
Section 6-7-1560. (A) A development agreement must include:
(1) a legal description of the property subject to the agreement and the names of its legal and equitable property owners;
(2) the duration of the agreement. However, the parties are not precluded from extending the termination date by mutual agreement or from entering into subsequent development agreements;
(3) the development uses permitted on the property, including population densities and building intensities and height;
(4) a description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development;
(5) a description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property as may be required or permitted pursuant to laws in effect at the time of entering into the development agreement;
(6) a description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing the permitting requirements, conditions, terms, or restrictions;
(7) a finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations;
(8) a description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and
(9) a description, where appropriate, of any provisions for the preservation and restoration of historic structures.
(B) A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time. The development agreement must provide a development schedule including commencement dates and interim completion dates at no greater than five year intervals. However, the failure to meet a commencement or completion date does not, in and of itself, constitute a material breech of the development agreement pursuant to Section 6-7-1590, but must be judged based upon the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer. If the developer requests a modification in the dates as set forth in the agreement and is able to demonstrate and establish that there is good cause to modify those dates, those dates must be modified by the local government. A major modification of the agreement may occur only after public notice and a public hearing by the local government.
(C) If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement.
(D) The development agreement also may cover any other matter not inconsistent with this article not prohibited by law.
Section 6-7-1570. A development agreement and authorized development must be consistent with the local government's comprehensive plan and land development regulations.
Section 6-7-1580. (A) Subject to the provisions of Section 6-7-1640 and unless otherwise provided by the development agreement, the laws applicable to development of the property subject to a development agreement, are those in force at the time of execution of the agreement.
(B) Subject to the provisions of Section 6-7-1640, a local government may apply subsequently adopted laws to a development that is subject to a development agreement only if the local government has held a public hearing and determined:
(1) the laws are not in conflict with the laws governing the development agreement and do not prevent the development set forth in the development agreement;
(2) they are essential to the public health, safety, or welfare and the laws expressly state that they apply to a development that is subject to a development agreement;
(3) the laws are specifically anticipated and provided for in the development agreement;
(4) the local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement which changes, if not addressed by the local government, would pose a serious threat to the public health, safety, or welfare; or
(5) the development agreement is based on substantially and materially inaccurate information supplied by the developer.
(C) This section does not abrogate any rights preserved by Section 6-7-1640 herein or that may vest pursuant to common law or otherwise in the absence of a development agreement.
Section 6-7-1590. (A) Procedures established pursuant to Section 6-7-1540 must include a provision for requiring periodic review by the zoning administrator, or, if the local government has no zoning administrator, by an appropriate officer of the local government, at least every twelve months, at which time the developer must be required to demonstrate good faith compliance with the terms of the development agreement.
(B) If, as a result of a periodic review, the local government finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the local government shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
(C) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement; provided, that the local government has first given the developer the opportunity:
(1) to rebut the finding and determination; or
(2) to consent to amend the development agreement to meet the concerns of the local government with respect to the findings and determinations.
Section 6-7-1600. A development agreement may be amended or canceled by mutual consent of the parties to the agreement or by their successors in interest.
Section 6-7-1610. (A) Except as otherwise provided in Section 6-7-1630 and subject to the provisions of Section 6-7-1640, if a newly-incorporated municipality or newly-annexed area comprises territory that was formerly unincorporated, any development agreement entered into by a local government before the effective date of the incorporation or annexation remains valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The parties to the development agreement and the municipality may agree that the development agreement remains valid for more than eight years; provided, that the longer period may not exceed fifteen years from the effective date of the incorporation or annexation. The parties to the development agreement and the municipality have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the unincorporated territory of the county.
(B) After incorporation or annexation the municipality may modify or suspend the provisions of the development agreement if the municipality determines that the failure of the municipality to do so would place the residents of the territory subject to the development agreement, or the residents of the municipality, or both, in a condition dangerous to their health or safety, or both.
(C) This section applies to any development agreement which meets all of the following:
(l) the application for the development agreement is submitted to the local government operating within the unincorporated territory before the date that the first signature was affixed to the petition for incorporation or annexation or the adoption of an annexation resolution pursuant to Chapter 1 or 3 of Title 5; and
(2) the local government operating within the unincorporated territory enters into the development agreement with the developer before the date of the election on the question of incorporation or annexation, or, in the case of an annexation without an election before the date that the municipality orders the annexation.
Section 6-7-1620. Within fourteen days after a local government enters into a development agreement, the developer shall record the agreement with the register of mesne conveyance or clerk of court in the county where the property is located. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement.
Section 6-7-1630. If state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, the provisions of the agreement must be modified or suspended as may be necessary to comply with the state or federal laws or regulations.
Section 6-7-1640. (A) The provisions of this article are not intended nor may they be construed in any way to alter or amend in any way the rights, duties, and privileges of suppliers of electricity or natural gas or of municipalities with reference to the provision of electricity or gas service, including, but not limited to, the generation, transmission, distribution, or provision of electricity at wholesale, retail, or in any other capacity.
(B) This article is not intended to grant to local governments or agencies any authority over property lying beyond their corporate limits.
Section 6-7-1645. If any of the obligations of the local government in the development agreement constitute debt, the local government shall comply at the time of the obligation to incur such debt becomes enforceable against the local government with any applicable constitutional and statutory procedures for the approval of this debt.
Section 6-7-1650. If Section 6-7-1640 or any provision in it or the application of any provision in it is held invalid, the invalidity applies to this chapter in its entirety, to any and all provisions of the chapter, and the application of this chapter or any provisions of this chapter, and to this end the provisions of Section 6-7-1640 of this chapter are not severable.
Section 6-7-1660. Notwithstanding any other provision of law, a development agreement adopted pursuant to this article must comply with any building, housing, electrical, plumbing, and gas codes subsequently adopted by the governing body of a municipality or county as authorized by Chapter 9 of Title 6. The development agreement may not include provisions which supersede or contravene the requirements of any building, housing, electrical, plumbing, and gas codes adopted by the governing body of a municipality or county."
SECTION 4. Chapter 27 of Title 4, Chapter 23 of Title 5, Chapter 31 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 5. This act takes effect upon approval by the Governor.