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(A) Subject to the provision of § 157.140 and unless otherwise provided by the development agreement, the laws applicable to development of the property subject to a development agreement, are those in force at the time of execution of the agreement.
(B) Subject to the provisions of § 157.140 the town may apply subsequently adopted laws to a development that is subject to a development agreement only if the town has held a public hearing and determined:
(1) The laws are not in conflict with the laws governing the development agreement and do not prevent the development set forth in the development agreement;
(2) They are essential to the public health, safety or welfare and the laws expressly state that they apply to a development that is subject to a development agreement;
(3) The laws are specifically anticipated and provided for in the development agreement;
(4) The town demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement which changes, if not addressed by the town, would pose a serious threat to the public health, safety, or welfare; or
(5) The development agreement is based on substantially and materially inaccurate information supplied by the developer.
(C) The section does not abrogate any right preserved by § 157.140 or that may vest pursuant to common law or otherwise in the absence of a development agreement. Specifically, the authority to tax at any time shall not be abrogated.
(Ord. 99056, passed 12-14-99)
(A) Pursuant to § 157.040, periodic review by the Zoning Administrator is required at least every 12 months, at which time the developer must be required to demonstrate good faith compliance with the terms of the development agreement. Annual findings by the Zoning Administrator will be reported to Town Council and the Planning Commission in public meetings.
(B) If, as a result of a periodic review, the town finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the Town shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
(C) If the developer fails to cure the material breach within the time given, then the town unilaterally may terminate or modify the development agreement; provided, that the town has first given the developer the opportunity:
(1) To rebut the finding and determination; or
(2) To consent to amend the development agreement to meet the concerns of the town with respect to the findings and determinations.
(Ord. 99056, passed 12-14-99)
(A) Except as otherwise provided in § 157.130 and subject to the provisions of § 157.140, if a newly- incorporated municipality or newly-annexed area comprises territory that was formerly unincorporated, any development agreement entered into by a local government before the effective date of the incorporation or annexation remains valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The parties to the development agreement and the municipality may agree that the development agreement remains valid for more than eight years; provided, that the longer period may not exceed 15 years from the effective date of the incorporation or annexation. The parties to the development agreement and the municipality have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the unincorporated territory of the country.
(B) After incorporation or annexation the municipality may modify or suspend the provisions of the development agreement if the municipality determines that the failure of the municipality to do so would place the residents of the territory subject to the development agreement, or the residents of the municipality or both, in a condition dangerous to their health or safety, or both.
(C) This section applies to any development agreement which meets all of the following:
(1) The application for the development agreement is submitted to the local government operating within the unincorporated territory before the date that the first signature was affixed to the petition for incorporation or annexation or the adoption of an annexation resolution pursuant to Chapter 1 or 3 or Title 5 of the South Carolina Code; and
(2) The local government operating within the unincorporated territory enters into the development agreement with the developer before the date of the election on the question of incorporation or annexation, or, in the case of an annexation without an election before the date that the municipality orders the annexation.
(Ord. 99056, passed 12-14-99)
Within 14 days after the town enters into a development agreement, the developer shall record the agreement with the registrar of mesne conveyance or clerk of court in the country where the property is located. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement, consistent with any determination made by the town pursuant to § 157.170 hereunder.
(Ord. 99056, passed 12-14-99)
In the event state or federal laws or regulations, enacted after a development agreement has been entered into prevent or preclude compliance with one or more provisions of the development agreement, the provisions of the agreement must be modified or suspended as may be necessary to comply with the state or federal laws or regulations.
(Ord. 99056, passed 12-14-99)
(A) The provisions of this act are not intended nor may they be construed in any way to alter or amend in any way the rights, duties, and privileges of suppliers of electricity or natural gas or of municipalities with reference to the provision of electricity or gas service, including, but not limited to the generation, transmission, distribution, or provision of electricity at wholesale, retail or in any other capacity.
(B) This chapter is not intended to grant the town or agency thereof any authority over property lying beyond its corporate limits.
(Ord. 99056, passed 12-14-99)
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