(A) Applicability. Final plats shall be required for all subdivisions.
(B) Application.
(1) Final plat application requirements.
(a) Applications for final plat approval shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department. Ten copies of the final plat shall be filed with the application.
(b) Written certification from the design engineer that the subdivision’s road and drainage infrastructure and any other required improvements have been constructed in accordance with the approved plans.
(c) The final plat shall be drawn in ink on a material specified by the Register of Mesne Conveyance for recording on sheets 22 inches by 34 inches in size and at an engineer’s scale of one inch equals 100 feet or larger. Where necessary the plat may be on several sheets accompanied by an index sheet or key map insert showing the entire subdivision.
(2) Information. The final plat shall show the following:
(a) All proposed divisions of land shall be shown, including each lot showing lot lines with bearings and distances; all rights-of-way; all drainage easements; names of all streets; the locations of all utility rights-of-way and utility easements; all structures; and all sites reserved or dedicated for public uses;
(b) The title, scale (including graphic scale), north arrow (magnetic, grid or true), date, name of applicant, and the name of the engineer or surveyor with state registration number shall be shown;
(c) Block and lot numbers suitably arranged by simple system;
(d) The names of adjacent landowners and streets, where known or available, shall be given (with the tax parcel numbers), and all intersecting boundaries or property lines shall be shown;
(e) Certificates:
1. The signature and seal of the registered land surveyor in accordance with the current Minimum Standard Manual for the Practice of Land Surveying in South Carolina;
2. A statement of dedication by the property owner of streets, rights-of-way, easements, and any other sites for public or private use and warranty of title of property offered for dedication. If any change in ownership is made subsequent to the submission of the plat and prior to the granting of final approval, the statement of dedication shall be corrected accordingly;
3. For any public dedication, a warranty deed for the transfer of the right(s)-of-way(s), easement(s), or other sites for public use to the town on legal documents of the form suitable to the town must be provided; and
4. A statement that any easements for utilities or other encroachments in the area to be dedicated for streets, highways, drainage, or other public or private use are subject to a binding provision that the costs of future relocation of any such encroachments due to the construction or maintenance of public improvements shall be borne by the holder of the easement and/or utility company;
(f) All easements shall include their location, width, and center line;
(g) The approved Office of Ocean and Coastal Resource Management (OCRM) critical line with signed approval statement on the final plat;
(h) At the Zoning Administrator’s discretion, the applicant/surveyor may be required to show buffers and setbacks on lots less than one acre in size or on newly created lots that may appear to have encroachment or structures into a buffer or setback;
(i) U.S. Army Corps of Engineers jurisdictional wetlands must be delineated with date of certification, on lots of five acres or less in size and within all publicly dedicated rights-of-way and easements. Include Army Corps of Engineers SAC number;
(j) High land acreage and low land acreage (freshwater wetlands or acreage below the Office of Ocean and Coastal Resource Management critical line);
(k) Tree surveys on lots of one acre or less are to include grand trees on the entire lot. Tree surveys of grand trees may be requested upon site inspection if lots greater than one acre appear to be unbuildable due to the presence of grand trees;
(l) Tree surveys of all grand trees are required within access easements, drainage easements, and rights-of-way;
(m) Ownership and maintenance status of the lot access shall be indicated for any newly created lots; and
(n) A vacant block shall be provided on each page of the plat that is three inches by eight inches in dimension for town approval stamps and notations.
(3) Accompanying data.
(a) A certificate of title or a sworn affidavit establishing the ownership of the land to be recorded. If any change in ownership occurs subsequent to the date of the certificate of title or affidavit and prior to the granting of final approval, a new certificate of title or sworn affidavit establishing the ownership of the land shall be submitted to the Zoning Administrator.
(b) In subdivision where existing public water and public sewer systems have been extended and/or a new system installed, a certification of inspection and associated operating permits from the State Department of Health and Environmental Control (DHEC) shall be submitted.
(c) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law.
(d) Should the landowner/developer decide to utilize Article A.2, Private road standards, of Appendix A of Ordinance 2012-06, as amended, the following five notes shall be placed on the plat.
1. Any future subdivision of this parcel, or road construction or extension of the existing roads shown hereon shall require compliance with the town ordinances. Before the town will consider acceptance of any dedication of roads into the town road system, the property owner(s) shall construct the roads to town road construction standards.
2. It is hereby expressly understood by the property owner, developer, or any subsequent purchaser of any lots shown on the plat that the town is not responsible for the maintenance of the streets, roads, common areas, drainage systems, and any other municipal services which include, but are not limited to, garbage disposal, public sewage, fire protection, or emergency medical service.
3. Be aware that the town is not responsible for drainage and flooding problems relevant to the real property, and that emergency vehicles may have difficulty accessing the property.
4. No public funds shall be used for the maintenance of the roads shown on the plat.
5. This approval in no way obligates the town to maintain the 50-foot right-of-way until it has been constructed to town standards and accepted for maintenance by Town Council.
(e) Letters of coordination are required which acknowledge that the County and other agencies will be able to provide necessary public services, facilities, and programs to service the development proposed, at the time the subdivision plat is processed.
(4) Certification of approval. When the Zoning Administrator has approved the plat, a certificate noting such approval and carrying the signature of the Zoning Administrator shall be placed on the original drawing of said plat.
(C) Zoning Administrator; review and decision. Within 45 days of receipt of a complete final plat application, the Zoning Administrator shall review the proposed final plat and the reports from the Public Works Director and other affected agencies and act to approve, approve with conditions or deny the final plat, based on whether it complies with the approved preliminary plat, all applicable requirements of this chapter, and the purposes and intent of § 153.005.
(D) Acceptance of dedications.
(1) Approval of a Final Plat shall not constitute acceptance of any public improvements. Such acceptance will require Town Council acceptance of dedication.
(2) Documents or instruments granting easements within the area to be dedicated must provide that:
(a) Future relocation or replacement costs of any encroachments, including but not limited to utilities, due to maintenance or construction of public improvements, is to be borne solely by the easement holder/utility company; and
(b) The town will not be responsible for costs relating to future relocation or replacement of utilities or other encroachments made necessary by maintenance and/or construction of public improvements;
(c) All expenses pertaining to said relocation shall be paid for by the easement holder/utility company; and
(d) Relocation shall be completed within 90 days from receipt of written request by the town or as otherwise agreed to by the town.
(E) Recording. Approved final plats shall be recorded by the Zoning Administrator with the Register of Mesne Conveyance within 30 days of final approval. Notice to the applicant shall be sent within a reasonable time following the date of the recording with the Register of Mesne Conveyance.
(F) Appeals of Zoning Administrator’s final plat decision. Any person with a substantial interest in a final plat decision of the Zoning Administrator may appeal the decision to the Planning Commission by filing an appeal with the Zoning Administrator within 30 calendar days after the actual notice of the decision.
(1) Appeal powers. In exercising the appeal power, the Planning Commission may reverse or affirm, wholly or partly, or may modify the decision being appealed. In acting upon the appeal, the Planning Commission shall be authorized only to determine whether the decision of the Zoning Administrator was made in error. The Planning Commission shall not be authorized to approve modifications or waivers of chapter standards through the appeal process. If the Planning Commission determines that it is necessary to obtain additional evidence in order to resolve the matter, it may remand the matter to the Zoning Administrator, with directions to obtain such evidence and to reconsider the decisions in light of such evidence.
(2) Consideration of evidence. The Planning Commission’s decision shall be on the record; it shall consider only the same application, plans, and related project materials that were the subject of the original decision and only the issues raised by the appeal.
(3) Burden of persuasion or error. In acting on the appeal, the Planning Commission shall grant to the Zoning Administrator’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
(4) Approval criteria. An appeal shall be sustained only if the Planning Commission finds that the Zoning Administrator erred.
(5) Vote required. A quorum of the Planning Commission shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Planning Commission. At least two-thirds of the members present and voting shall be required to reverse a final plat decision of the Zoning Administrator.
COMMENTARY: Appeals of Zoning Administrator and other subdivision decisions [including decisions to reject applications as incomplete], shall be processed in accordance with § 153.053 described in this chapter. |
(G) Appeals of Planning Commission’s decision.
(1) Any person with a substantial interest in a final plat (appeal) decision of the Planning Commission may appeal the Planning Commission decision at the Circuit Court. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after actual notice of the Planning Commission’s decision.
(2) At any time prior to appeal of a Planning Commission decision on a final plat (appeal) decision, the appellant may request that the Planning Commission enter mediation. When mediation is requested, the Planning Commission shall assign one of its members as a representative in mediation proceedings. A vote of the Planning Commission in a public meeting shall be required to accept any mediated settlement. An accepted mediated settlement
cannot waive the standards of this chapter. Prior to beginning talks, applicable time limits for review and action on complete applications must be extended by mutual agreement of the applicant and Planning Commission.
(Ord. 2012-06, § 8.5, passed 10-18-2012; Ord. 2013-06, passed 10-17-2013)