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(A) Pursuant to the provisions of S.C. Code § 6-29-1145, the applicant for a development approval (permit) shall confirm that the activity for which approval has been requested is not restricted by any recorded covenant that is contrary to, conflicts with or prohibits the activity, by signing a Development Approval Application (Permit): Recorded Covenant Affidavit.
(B) If it has actual notice of the existence of a recorded covenant that is contrary to, conflicts with or prohibits the activity for which approval has been requested, either from information in the affidavit, from materials or information submitted by the applicant, or from any other source, including but not limited to, other property holders, the town shall immediately cease processing the application, request or permit, and shall not approve the same unless confirmation from the applicant is received that the restrictive covenant has been released, by action of the appropriate authority or property holders, or by court order.
(C) As used in this section:
(1) ACTUAL NOTICE is not constructive notice of documents filed in the local offices concerning the property, and does not require the town to conduct searches in any records offices for filed restrictive covenants;
(2) PERMIT does not mean an authorization to build or place a structure on a tract or parcel of land, and expressly applies only to applications or requests for approval of the following:
(a) Zoning map amendments;
(b) Variance approval;
(c) Special exception approval; or
(d) Impact assessment approval.
(3) RESTRICTIVE COVENANT does not mean a restriction concerning a type of structure that may be built or placed on a tract or parcel of land.
(Ord. 08020, passed 4-8-08; Am. Ord. 14047, passed 8-12-14)