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(A) Scope and title. All applicable ordinances, municipal code sections and regulations relating to zoning, planning and land development within the municipality are subject to this section, which shall be known as the “Vested Rights to Develop Property Ordinance”.
(B) Definitions. Except as hereinafter set forth, the words, terms and phrases, when used in this section, shall have the meaning as set forth in S.C. Code § 6-29-1520, as enacted by Act 287 of 2004.
SITE SPECIFIC DEVELOPMENT PLAN. In addition and as a supplement to the definition set forth in S.C. Code § 6-29-1520, as enacted by Act 287 of 2004, is further defined to mean those documents that comprise a complete application for a zoning permit, certificate of zoning compliance, variance, special exception, planned unit development, sketch plat or sketch plan or other similar approval that authorizes the landowner to proceed with investment in grading, installation of utilities, streets and other infrastructure, and to undertake other significant expenditures necessary to prepare for application for a building permit.
(C) Establishment and conditions of vested rights.
(1) A vested right to develop property in accord with a site specific development plan is triggered upon the final approval of the site specific development plan by the final official or body of the municipality authorized to approve a site specific development plan and the payment to the municipality of all applicable established fees.
(2) Except as hereinafter set forth, a vested right established by this section is subject to the conditions and limitations as set out in S.C. Code §§ 6-29-1540 and 6-29-1550, as enacted by Act 287 of 2004.
(3) A vested right for an approved site specific development plan expires two years after the date of final approval by the final official or body authorized to approve a site specific development plan.
(4) No vested rights are established for phased development plans, including approved or conditionally approved phased development plans and including phased development plans applicable to property proposed for annexation. An approved or conditionally approved site specific development plan is required prior to approval with respect to each phase of a phased development plan.
(5) A vested site specific development plan may be amended if the amendment conforms to, or does not cause greater nonconformity with, the then current provisions of the municipal zoning, planning and land development ordinances, municipal code sections or regulations. Approval or conditional approval of an amendment does not re-set or re-start the expiration period of a vested right.
(6) No sooner than three months, and no later than 45 days prior to the expiration of the two-year vested right period for an approved site specific development plan, the landowner of property with a vested right in a site specific development plan may apply to the authorized official or body for an annual extension of the vested right. The authorized official or body must approve an application for an annual extension of the vested right unless an amendment to the land development ordinances or regulations have been adopted that prohibits approval. No more than five annual extensions of the vested right may be approved.
(Ord. 05-02, passed - -2005)