§ 155.054 GREENSPACE PRESERVATION AND PROTECTION PLAN, AND ENVIRONMENTAL GUIDELINES FOR LAND DEVELOPMENT.
   (A)   A Greenspace Preservation and Protection Plan shall be provided in accordance with these requirements for all new residential development consisting of five acres and larger. The cumulative acreage of a multi-phased project of five acres and larger shall be subject to these requirements. Additionally, the provisions of this section shall not apply to nonresidential subdivisions or land zoned MF, Multi-family Residential District.
      (1)   Intent and purpose. The desired outcome is to provide reasonable utilization of the property while achieving the intent and purpose of this Greenspace Preservation and Protection Plan, rather than to maximize the development capacity of the property.
         (a)   Intent. The intent is to ensure that development is conducted in a manner that is harmonious with the natural environment and maximizes the quality and survivability of retained vegetation.
         (b)   Purpose. The purpose is to identify those natural features that should be preserved so that development may occur around those features.
      (2)   Findings. The Town Council finds and declares the following:
         (a)   The existing vegetation requirements have resulted in the excessive removal of natural vegetation during land development; and
         (b)   To remedy these conditions, an amendment to these regulations is now necessary; and
         (c)   These regulations will include a tree and topographical plan that will form the basis of the arrangement of development on the property, as well as additional areas of preservation to ensure the adequate preservation of natural vegetation along street frontage and internal to the development; and
         (d)   Council now deems these provi- sions are in the best interest of the citizens of the town to accomplish these desires.
      (3)   Specific requirements.
         (a)   Tree and topographical exhibit. A tree and topographical exhibit is required to facilitate the preservation of valuable existing natural conditions.
            1.   A quantitative and qualitative analysis of the natural attributes of the property shall include the existing grade of the property and the quantity and quality of existing vegetation. A plan shall be submitted enumerating the stated attributes at preliminary staff review and sketch plan application.
            2.   Applicant shall submit a site analysis with the following information:
               a.   Property boundaries.
               b.   Topography showing one-foot contours, ponds, ditches and any other significant natural drainage features.
               c.   Survey of protected trees with:
                  i.   Illustrated protection zones, and
                  ii.   Tree assessment per zoning code requirements.
               d.   Wetland and critical area delineation, with existing buffers, if applicable.
               e.   Existing easements.
               f.   Existing structures, roadbeds and paths.
         (b)   Additional areas of preservation. The following additional areas of preservation within the proposed development are required, based on the factors identified in division (A)(3)(a)1. and 2. herein above:
            1.   Street frontage areas of preser- vation.
               a.   A minimum-25-foot-wide, natural and undisturbed buffer shall be provided on collector and entry roads (60 feet or greater right-of-way width).
               b.   In the absence of existing vegetation, replanting is required, based on the density and diversity of the representative sampling of 100 square feet (ten by ten) of existing natural vegetation within close proximity to the subject area, comprised of canopy and understory trees and shrubs.
               c.   Easement treatment. If future utility installation is anticipated, additional area shall be set aside so as not to interfere with the natural and undisturbed buffer. Penetration for utilities should be perpendicular to the buffer and limited to roadway access as a preferred option.
            2.   Internal areas of preservation. A suitable amount of natural vegetation shall be preserved within new development, based upon the following requirements.
               a.   Percentage required.
                  i.   For developments where the minimum lot size is less than 10,000 square feet, a minimum of 30% of the developable land shall be set aside for internal areas of preservation, although more may be required, based upon site analysis provided by the tree and topographical exhibit. For the purposes described herein, developable land shall not include fresh and saltwater wetlands, retention ponds and rights-of-way.
                  ii.   For developments where the minimum lot size is equal to or greater than 10,000 square feet, a minimum of 20% of the developable land shall be set aside for internal areas of preservation, although more may be required, based upon site analysis provided by the tree and topographical exhibit. For the purposes described herein, developable land shall not include fresh and saltwater wetlands, retention ponds and rights-of-way.
               b.   Minimum dimensional requirements. The minimum dimensional requirement shall be that of the zoning district, and not less in size than the smallest building lot shown on plans or plats.
               c.   Connectivity. Internal areas of preservation shall be integrated amongst the building lots and strategically connected with other greenspace requirements.
               d.   Planting in the absence of existing vegetation shall be in accordance with the provisions of division (A)(3)(b)1.b. above.
               e.   Terraced fill around ponds, wetland areas and buffers is encouraged to meet these requirements.
      (4)   Street frontage and internal areas of preservation. Street frontage and internal areas of preservation established pursuant to these requirements:
         (a)   Shall be located on separate lots owned by a homeowners’ association.
         (b)   Canopy trees shall count towards the minimum 160 inches per acre of retained vegetation.
         (c)   Shall remain in an essentially undisturbed condition, except for the following:
            1.   Allowed clearing of an eight-foot-wide corridor for the installation of low-impact physical improvements limited to pervious pedestrian trails and pedestrian benches; and
            2.   One open recreational field per development, no larger than 4,000 square feet to allow for active recreation and neighborhood sports.
      (5)   Review and approval procedure.
         (a)   A Greenspace Preservation and Protection Plan conforming to the requirements contained herein shall be submitted at preliminary staff review and sketch plan application.
         (b)   Staff will review the same for adherence to the stated intent and purpose, with such review forming the basis for a recommendation to the Planning Commission.
         (c)   The Planning Commission shall approve, disapprove or modify the plan as deemed appropriate.
      (6)   Appeals. Appeals from a final decision of the Planning Commission may be filed in accordance with procedures established by applicable law.
   (B)   An Environmental Standard shall be provided in accordance with these requirements for all nonresidential development as of the effective date March 1, 2023. This provision shall apply to nonresidential subdivisions, multi-family residential proposals, any mixed-use developments where parcels are not proposed to be fee-simple residential lots, HOA amenity centers, utilities and recreational operation facilities.
      (1)   Intent and purpose. The desired outcome is to implement a program to enhance commercial and nonresidential development through incentivizing and establishing developmental standards in a manner that conforms to the strategic and comprehensive initiatives for the preservation and protection of our natural resources.
         (a)   Intent. The intent is to ensure development is conducted in a manner that utilizes best environmental practices and encourages environmentally responsible techniques through the use of low-impact site design and construction methods.
         (b)   Purpose. The purpose is to use conservation practices, nature-based solutions, encourage the use of advancing energy-saving technology, support of eco-friendly materials, advocate for responsible construction methods, improve wildlife habitat and biodiversity, enhance aesthetic value, and to incorporate all areas of protection and preservation of our natural environment through site design and development.
      (2)   Findings. The Town Council finds and declares the following:
         (a)   Future development types and patterns will continue to consist of new commercial, commercial re-development, multi-family, recreational and economic development; and
         (b)   To implement a program to advance the use of low-impact development is in conformance with the town strategic and comprehensive plans, making these conditions an amendment to these regulations is now necessary; and
         (c)   These regulations will include a point system for measuring and administering fair and consistent standards for implementing low-impact development techniques. Points shall be pre-determined by the Environmental Manager, or his or her designee, based upon effectiveness of pursing overall program intent, proportional financial obligation, level of long-term maintenance associated with the technique; and
         (d)   Four impacts are categorized as influential to the endeavors of this program. These are:
            1.   Protect, restore, and conserve natural water resources;
            2.   Preserve and improve ecosystem biodiversity;
            3.   Improve community livability, mobility, aesthetics, and well-being; and
            4.   Promote energy efficiency and sustainable material resources.
         (e)   Council now deems these provisions are in the best interest of the citizens of the town to accomplish these desires.
      (3)   Land to which these regulations apply.
         (a)   All land located and annexed within the jurisdictional boundaries and any land to be incorporated through annexation shall be subject to these standards for development.
         (b)   Any land owned by the town, state, county or regional government.
      (4)   Land uses and development types subject to these standards.
         (a)   All nonresidential development, including commercial, industrial, economic development, master planned developments, which do not specifically exclude this program, office and business districts, lands located within special overlay districts, public service providers, such as recreation, sanitary treatment operation facilities, excluding pump and sub-electrical stations.
         (b)   Any development requiring more than four parking spaces, including temporary sales offices and trailers.
         (c)   Land disturbance of 0.1 acres or greater located within the boundaries of land subject to these regulations as noted herein as division (B)(4)(a) and (b).
         (d)   Structural and nonstructural renovation projects exceeding the total invested value of 50% of the current appraised property value.
      (5)   Land to which these regulations do not apply.
         (a)   Proposals currently within the development review and approval process as of January 1, 2023. This includes projects submitted for the Design Review Board or Planning Commission prior to the scheduled deadlines. This does not include submittals to town officials for internal review processing.
         (b)   Roadway projects not associated with private subdivision proposals, utility extensions involving sub-surface infrastructure, activity requiring an encroachment permit, activity requiring a temporary permit unless it's a sale trailer on vacant property, and upfit or renovation projects exceeding a total invested value of less than 50% of the current appraised property value, and planned developments approved by Council specifically excluding these standards herein.
         (c)   Proposed projects resulting in less than 0.1 acre of land disturbance, including phased or portions of a larger common plan. These include repairs, modifications, and design changes during construction when the changes do not impact program compliance.
      (6)   Requirements.
         (a)   As outlined in the latest edition of “The Environmental Guidelines for Land Development,” any land development and structural projects meeting the categories of division (B)(3) and (4) herein shall be subject to and must adhere to standards established within the referenced guide.
         (b)   “The Environmental Guidelines for Land Development” is to be used by the design professional and approved by the Environmental Manager prior to the issuance of a clearing and grading or building permit. Alternative methods of equivalent means to comply with the spirit and intent shall be considered and evaluated, based upon satisfying the use of low-impact development as defined in “Low Impact Development in Coastal South Carolina: A Planning and Design Guide,” and standards found in the U.S. Environmental Protection Agency Office of Research and Development.
(Ord. 18075, passed 11-13-18; Am. Ord. 23006, passed 2-14-23)