(A) Purpose. The purpose of this section is to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city during the subdivision process by:
(1) Providing for the orderly growth and development;
(2) Coordinating streets and roads within proposed subdivisions with the city's planned street system, and with other public facilities;
(3) Providing right-of-way easements for streets and utilities;
(4) Avoiding congestion and overcrowding, and encouraging the proper arrangement of streets in relation to existing or planned streets;
(5) Ensuring there is adequate open space and recreation facilities to serve development;
(6) Ensuring natural resources are adequately protected;
(7) Ensuring there is proper recordation of landownership records; and
(8) Ensuring the provision of such other matters as the City Council may deem necessary in order to protect the general health, safety, and welfare of the city.
(B) Applicability.
(1) General. The following development, unless exempted in accordance with § 162.03-07(B)(3), Exemptions, is required to have land subdivided in accordance with the procedures and standards of this section prior to the transfer of title or sale of any lots, or the issuance of a building permit for development.
(a) The division of land into two or more lots, building sites, or other divisions for the purpose of immediate or future sale, lease, or building development;
(b) Re-subdivision involving the further division or relocation of lot lines of any lot or lots within an already approved subdivision; and
(c) The combination or consolidation of lots of record.
(2) Overview of development permits required. Every subdivision of land is classified as either:
(a) A minor subdivision, or
(b) A major subdivision (comprised of a preliminary subdivision plat and a final plat).
A minor subdivision or final subdivision plat shall be approved for any subdivision prior to the transfer of title or sale of any lots for the land subject to subdivision.
(3) Exemptions. The following development shall be exempt from the requirements of this section:
(a) The combination or recombination of portions of previously platted lots where the total number of lots is not increased, and where the Zoning Administrator determines there are no significant changes to or encroachment upon the public street systems required, and where the lot sizes comply with the standards set forth in the zoning district where the land is located;
(b) The public acquisition by purchase of strips of land for the widening or opening of new streets; and
(c) The partition of land by court decree.
(C) Minor subdivision.
(1) General. The minor subdivision procedure shall be utilized for the subdivision of land into three or fewer lots when:
(a) No new streets, alleys, or other public ways are created;
(b) No changes are made to the existing rights-of-way of any streets, alleys, or other public ways;
(c) No new utilities are required to serve the subdivided land;
(d) The division of land complies with the standards of Chapter 167: Subdivision Standards;
(e) No flag lot is created in a residential district that is inconsistent with existing development patterns; and
(f) The lots have direct access onto a public street that has been accepted for maintenance by the appropriate agency.
(2) Procedure.
(a) Initial submission of application and staff review. The procedures and requirements for submission and review of an application are established in § 162.02, Common Review Procedures.
(b) Review and action by Zoning Administrator. The Zoning Administrator shall review and take action on the application for minor subdivision in accordance with § 162.02-18, Zoning Administrator or City Official Review Procedures.
(3) Standards. A minor subdivision shall be approved on a finding the application complies with the standards in Chapter 167: Subdivision Standards, all other relevant provisions of this ZDO, and all other relevant city ordinances and regulations.
(4) Recordation. The subdivider shall file an approved plat for minor subdivision with the Register of Mesne Conveyance for recording within ten days after the date of approval or the approved plat shall expire.
(5) Amendments. A plat for minor subdivision may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
(6) Successive applications. Any subsequent subdivision of land already subject to a minor subdivision approval shall be in accordance with § 162.03-07(D), Major Subdivision.
(D) Major subdivision.
(2) Preliminary plat.
(a) General. A preliminary subdivision plat establishes the general layout and design for the subdivision. Upon the approval of a preliminary subdivision plat, detailed plans for street construction, utility line installations, and similar approvals shall be included. Building permits may not be issued before approval of a final plat for subdivision.
(b) Contents. Preliminary subdivision plats shall be of a scale not smaller than one inch equal to 200 feet, and shall be on a sheet 24 inches by 36 inches in size. Preliminary plat drawings shall include all of the following information:
1. The proposed name of development, which shall not duplicate or too closely approximate, phonetically or otherwise, the name of any development within the jurisdiction;
2. A north point, graphic scale, written scale and date, including the month, day and year that the original drawing was completed and the month, day and year for each revision of the original drawing;
3. The name of land owner, developer, if different, and location and ownership of adjoining properties;
4. The existing zoning district classification of the land;
5. A vicinity map, for the purpose of locating the property being developed, drawn at a scale of one inch equals 2,000 feet and showing the relation of the property to surrounding properties, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plats existing within 1,000 feet of any part of the property;
6. The distance and bearing of one of the corners of the boundary of the development to the nearest intersection of existing streets or roads;
7. The total tract boundaries of the land being developed, showing bearing and distances, and a statement of total acreage of the land;
8. All existing municipal boundaries, property lines, rights-of-way, easements, railroads, sewer lines, water lines, fire hydrants, utility transmission lines, culverts, bridges, storm drainage ditches, water courses, buildings and wooded areas;
9. All existing streets, including streets of record (recorded but not constructed), on or abutting the tract, including the names, rights-of-way widths, pavement widths and approximate grades;
10. Street rights-of-way, pavement widths and grades, (including street profiles and cross sections when requested by the Planning Commission);
11. All lot lines, lot dimensions and lot and block numbers;
12. Preliminary plans for utilities (i.e., sewer, water, electricity, gas lines and storm drainage), including storm and sanitary sewer profiles, cross sections, and sizes when required by the Planning Commission);
13. Plans for the protection of soils on the site from wash, erosion, and other drainage during construction;
14. Other easements and rights-of-way. including locations, dimensions and purposes;
15. Any contour changes to be made by grading;
16. Parks, school sites, and other areas designated for public use, if any;
17. Tree retention and open space set-aside areas;
18. Areas to be used for purposes other than residential or institutional development, if any, with the purpose, location and dimensions of each indicated;
19. Copies of approval of the Department of Health and Environmental Control (DHEC) whenever individual sewage disposal or water supply systems are required; and
20. Any other information considered by either the applicant or Planning Commission to be pertinent to the review of the preliminary subdivision plat.
If the preliminary plat requires more than one sheet, a key diagram showing relative location of the several sections shall be drawn on each sheet.
(c) Transportation impact analysis required. Applications for major subdivisions that will result in ten or more dwelling units or 5,000 or more square feet of nonresidential area shall include a traffic impact analysis that includes a study area of at least one mile around the proposed development. The analysis shall indicate existing roadway levels-of-service and all on-site and off-site mitigation required to maintain existing level-of-service conditions following completion of the proposed development.
(d) Application review. The procedures and requirements for submission and review of an application for a preliminary plat for subdivision are established in § 162.02, Common Review Procedures.
(e) Review and action by Planning Commission. The Zoning Administrator shall refer the staff report on the preliminary subdivision plat to the Planning Commission on the date the application is being considered at a regularly scheduled meeting. At the meeting, the Planning Commission shall consider the application, the relevant support materials, the staff report, and any comments given during the meeting. During the meeting, the Planning Commission shall approve, approve with conditions, or deny the preliminary subdivision plat based on the standards in § 162.03-07(D)(3), Preliminary Plat Standards. The Planning Commission shall act on the application for preliminary subdivision plat within 60 days of the application's referral from the Zoning Administrator (unless a longer review period is agreed upon between the Planning Commission and subdivider).
(3) Preliminary subdivision plat standards. A preliminary plat for subdivision shall be approved upon a finding the application complies with the standards in Chapter 167: Subdivision Standards, all other relevant provisions of this ZDO, and all other relevant city ordinances and regulations.
(4) Conditions. In approving a preliminary subdivision plat, the Planning Commission may impose appropriate conditions on the permit approval in accordance with § 162.02-12, Conditions of Approval.
(5) Effect of approval. Approval of a preliminary subdivision plat shall constitute approval of the development with the general lot shapes and alignments of streets identified on the preliminary plat. Approval of a preliminary subdivision plat allows the subdivider to apply for a grading permit, § 162.03-09, necessary for construction of streets and public utilities. Approval of a preliminary subdivision plat does not constitute approval of a final subdivision plat. The preliminary subdivision plat shall run with the land.
(6) Expiration.
(a) The approval of a preliminary subdivision plat shall expire at the end of 12 months from the date approval was granted by the Planning Commission in the event the subdivider has not applied for a grading permit, final subdivision plat, or other permit showing attempts at substantial progress.
(b) In the event a final subdivision plat for all or a portion of the preliminary subdivision plat is not applied for within one year of the original approval date of the preliminary subdivision plat, the city may require that the preliminary plat be amended and updated to comply with all standards in effect at the time of its re-review.
(7) Extension. Upon written application submitted at least 30 days prior to the expiration of the permit by the applicant and upon a showing of good cause, the Planning Commission may grant one extension not to exceed six months. The approval shall be deemed extended until the Planning Commission has acted upon the request for extension. Failure to submit an application for an extension within the time limits established by this section shall render the preliminary subdivision plat void.
(8) Amendment. A preliminary subdivision plat may be amended, extended, or modified only in accordance with the procedures and standards established for its original approval.
(9) Final subdivision plat.
(a) General. After approval of a preliminary subdivision plat and construction of any required public improvements, the subdivider shall prepare a final subdivision plat for review in accordance with this section.
(b) Initial submission of application and staff review. The procedures and requirements for review of an application for final plat for subdivision are established in § 162.02, Common Review Procedures.
(c) Submittal requirements. The final plat of a proposed development shall be clearly and legibly drawn to a scale of one inch equal to 100 feet, and shall be 21 inches by 30 inches or of a size approved by the Zoning Administrator. Final plats shall contain or be accompanied by all the following information:
1. Name of development;
2. Name of record owner and surveyor or engineer;
3. North point, graphic scale, written scale and date, including the month, day and year that the original drawing was completed and the month, day and year for each revision of the original drawing;
4. Name and location of all abutting subdivisions, if any, and location and ownership of adjoining unsubdivided property;
5. A vicinity map, for the purpose of locating the property being developed, drawn at a scale of one inch equals 2,000 feet and showing the relation of the property, differentiated by tone or pattern, to adjoining property and to all streets, roads, municipal boundaries and recorded subdivision plats existing within 1,000 feet of any part of the property;
6. The total tract boundary lines of the area being developed in accordance with the most recent edition of the Minimum Standards Manual for the practice of land surveying in the state, as promulgated pursuant to S.C. Code §§ 40-22-10 et seq. and as set forth in the state administrative regulations at R 49-400 et seq.;
7. The signature, seal and certification of a registered professional land surveyor or engineer to the effect that the final plat accurately reflects a survey made by him or her, that any changes from the description appearing in the last record transfer of land contained in the final plat are so indicated, that all monuments shown thereon actually exist or will be installed and their position is accurately shown;
8. A statement describing the relationship of the proposed development to the city's Comprehensive Plan objectives and policies;
9. A notarized certification of ownership showing that the applicants are the owners, with statements by an attorney acknowledging any offers of dedication of land for public use and land restrictions by protective covenants;
10. Certification by the State Department of Health and Environmental Control (DHEC) and the appropriate service district that the water supply and/or sewer disposal system or systems installed, or proposed for installation, fully meet their requirements;
11. The signature, seal and approval of the subdivider's engineer indicating that required infrastructure improvements have been satisfactorily installed;
12. Appropriate notations for transfer and recording by the Register of Mesne Conveyance, indicating date and time of recording, the plat book location thereof, and instrument number;
13. In cases where a subdivision abuts a water body, proof of coordination with SC-DHEC OCRM and SC DNR, information on proposed docks, and identification of measures proposed to reduce impacts;
14. Proof of coordination with the State Historic Preservation Office of the South Carolina Department of Archives and History; and
15. A statement indicating the extent of improvements to a site prior to sale (in cases where lots are to be sold without housing units).
16. A notation of the base flood elevation with the BFE indicated for each parcel to be created.
(d) Review and action by Planning Commission. The Zoning Administrator shall refer the staff report on the final subdivision plat to the Planning Commission on the date the application is being considered at a regularly scheduled meeting. At the meeting, the Planning Commission shall consider the application, the relevant support materials, the staff report, and any comments given during the meeting. During the meeting, the Planning Commission shall approve or deny the final subdivision plat based on the standards in § 162.03-07(D)(9)(e), Final Plat Standards.
(e) Final plat standards. The final subdivision plat shall:
1. Comply with the standards contained in Chapter 167: Subdivision Standards;
2. Be in substantial conformance with the preliminary subdivision plat;
3. Be consistent with all other relevant provisions of this ZDO; and
4. Be consistent with all other relevant city ordinances and regulations.
(f) Recordation. The subdivider shall file the approved final subdivision plat with the Register of Mesne Conveyance for recording within ten days after the date of approval of the final subdivision plat or the final subdivision plat shall expire.
(g) Completion of required public improvements prior to issuance of building permits. All public improvements shall be completed, inspected, and approved prior to the issuance of the first building permit for development within the subdivision.
(h) Effect of final plat. The approval of a final subdivision plat shall not be deemed to constitute or effect the acceptance by the city of the dedication of any street, public utility line, or other public facility shown on the plat. Upon satisfactory completion of the one-year warranty period, streets, utility lines, and other public improvements shall be accepted by the city. However, the city may, by resolution, accept any dedication made to the public of lands or facilities for streets, parks, or public utility lines. The city has no obligation to open any street even after acceptance of dedication. The sale of individual lots shall not occur before final subdivision plat approval.
(Ord. 05-10, passed 3-23-10; Am. Ord. 35-11, passed 12-13-11)