As an incident to the adoption of this ordinance, the Greenville County Council makes the following findings:
(1) The South Carolina General Assembly has enacted the “Vested Rights Act” which is codified as S.C. Code, § 6-29-1520 et seq., as amended, (the “Act”).
(2) The Act requires local governments to enact ordinances implementing the provisions of the Vested Rights Act on or before July 1, 2005. The Act authorizes local governments to establish a procedure for the vesting of rights in certain development plans, and provides that local governments that do not pass ordinances implementing a procedure for the establishment of vested rights will be subject to the requirements of S.C. Code, § 6-29-1560 of the Act, under which a landowner has a vested right to proceed in accordance with an approved site specific development plan upon the terms and conditions and subject to the requirements and limitations of S.C. Code, § 6-29-1560(A), which section substitutes statutory conditions for vesting, reducing local control and flexibility.
(3) Council finds that the affected Greenville County Ordinances should conform to the requirements of the Vested Rights Act; in a manner to facilitate the administration of Greenville County zoning and land use codes, ordinances and regulations.
(Ord. 3913, passed 5-17-2005)
The following words and terms shall have the following meaning as used in this article:
17-82.1 “Approved” or “approval” means a final action by the county governing body or an exhaustion of all administrative remedies from decisions of Greenville County zoning, planning or land use officials, boards or commissions which results in the authorization of a site specific development plan or a phased development plan.
17-82.2 “Building permit” means a written license or permit issued by a local building official that authorizes the construction or renovation of a building or structure at a specific location.
17-82.3 “Conditionally approved” or “conditional approval” means an interim action taken by the Greenville County governing body or the Greenville County Planning Commission, or Board of Zoning Appeals that provides authorization for a site specific development plan or a phased-development plan which is subject to further approval.
17-82.4 “Landowner” means an owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns and personal representatives of the owner. “Landowner” may include a person holding a valid option to purchase real property pursuant to a contract with the owner to act as his agent or representative for purposes of submitting a proposed site specific development plan or a phased development plan pursuant to this article.
17-82.5 “Local governing body” means: (a) the governing body of Greenville County or (b) a county body authorized by statute or by the governing body of Greenville County to make land use decisions.
17-82.6 “Person” means an individual, corporation, business or land trust, estate, trust, partnership, association, 2 or more persons having a joint or common interest, or any legal entity as defined by the laws of South Carolina.
17-82.7 “Phased development plan” means a development plan submitted to the local governing body or body authorized by the local governing body to make land-use decisions that shows the types and density or intensity of uses for a specific property or properties to be developed in phases, but which do not satisfy the requirements for a site specific development plan.
17-82.8 “Real property” or “property” means all real property that is subject to the land-use and development ordinances or regulations enacted, approved or promulgated by the Greenville County Council, and includes the earth, water and air above, below or on the surface, and includes improvements or structures customarily regarded as part of real property.
17-82.9 “Site specific development plan” means a development plan submitted to the local governing body or a body authorized by the local governing body to make land-use decisions by a landowner describing with reasonable certainty the types and density or intensity of uses for a specific property or properties. The plan may be in the form of, but is not limited to, the following plans or approvals: planned unit development; subdivision plat; preliminary or general development plan; variance, conditional use or special use permit plan; conditional or special use district zoning plan; or other land-use approval designations as are used by Greenville County with regard to submitted plans.
17-82.10 “Vested right” means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan or a phased development plan as provided in this ordinance, the Vested Rights Act and in Greenville County land development ordinances or regulations.
(Ord. 3913, passed 5-17-2005)
17-83.1 A vested right as defined herein is established for 2 years upon the approval of a site specific development plan.
17-83.2 The landowner of real property with a vested right may apply before the end of the vesting period but not thereafter to the Greenville County Planning Commission for an annual 1-year extension of the vested right. The Greenville County Planning Commission must approve applications for at least 5 annual extensions of the vested right if a timely application has been filed with the Planning Commission unless an amendment to land development ordinances or regulations has been adopted that prohibits such approval. If no timely application is made by the landowner to the Greenville County Planning Commission for an annual extension, the vesting period or annual extension applicable to such real property shall expire at the end of the vesting period or the last annual extension granted thereof.
17-83.3 The Greenville County Planning Commission may, but is not required, to provide for the establishment of a 2-year vested right in a conditionally approved site specific development plan. No 2-year vested right is established in a conditionally approved site specific development plan unless such vested right is specifically and expressly approved by the Greenville County Planning Commission in writing when a site specific development plan is conditionally approved.
17-83.4 The Greenville County Planning Commission may, but shall not be required, to approve the establishment of a vested right in an approved or conditionally approved phased development plan for a period not to exceed 5 years.
17-83.5 No vested right in a site specific development plan shall attach or be established until plans have been received, all required approvals have been given or granted, and all fees have been paid in accordance with the procedures outlined in this code. No vested right attaches or is established until a final decision has been rendered favorable to the applicant on all administrative appeals.
17-83.6 The Greenville County Zoning Board of Appeals is not authorized to grant or approve a vested right and no vested right shall be established, created or accrue as a result of any decision of the Zoning Board of Appeals.
(Ord. 3913, passed 5-17-2005)
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