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The purposes of a development agreement are to coordinate the provision of adequate public facilities with the timing of development and otherwise document the terms of subject developments in accordance with the South Carolina Local Government Development Agreement Act, codified at S.C. Code §§ 6-31-10 et seq., as it may be amended from time to time (the "Development Agreement Act"). In doing so, development agreements provide both the city and the developer with assurances, thereby providing more certainty in the land development process.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)
A development agreement is a voluntary agreement between the city and an applicant that may be required by the city when an applicant decides to proceed with a development that would not otherwise be approved due to one or more of the following conditions:
(A) The city finds that there is the need to coordinate the provision of adequate public facilities, which may include water, sewer, storm water, transportation, school or other mutually agreed-upon public facilities, with development generating the need for those facilities;
(B) The city finds that there is the need for specific development conditions associated with a planned development; or
(C) The city finds that there is the need to document other specific conditions applicable to the timing, intensity, location or design of a development.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)
(A) The city may enter into a development agreement with a developer pursuant to the Development Agreement Act, provided that the property contains a minimum of 25 acres or more of highland. The term of any development agreement shall not exceed the maximum term allowed pursuant to § 6-31-40 of the Development Agreement Act.
(B) Each development agreement must be approved by the city council through the adoption of an ordinance after complying with all of the provisions contained in the Development Agreement Act.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)
The city shall hold at least two public hearings on a development agreement. Notice of both public hearings shall be advertised in a newspaper of general circulation at least 15 days prior to the hearing date. The date, time and place of the second public hearing shall be announced at the first public hearing. The published notice must specify the location of the property subject to the development agreement, the development uses proposed on the property, and a place where a copy of the proposed development agreement can be obtained.
(Ord. 15-002, passed 2-24-15; Am. Ord. 2024-006, passed 3-12-24)
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