(A) Application procedure and requirements. Based upon the approval of the sketch plat, the applicant should file with the administrative official an application for approval of a preliminary plat. The application shall:
(1) Be made on forms available at the office of the administrative official together with a fee as set forth in §§ 154.120 et seq.;
(2) Be accompanied by a minimum of 7 copies of the preliminary plat as described in these regulations;
(3) Be accompanied by a minimum of 7 copies of construction plans as described in these regulations; and
(4) Conform in all respects with the sketch plat as approved.
(B) Approval of preliminary plat.
(1) Upon determination by the administrative official that the preliminary plat conforms with the approved sketch plat, the administrative official shall submit an appropriate number of copies of the preliminary plat and construction plans to the following agencies for review and approval:
(a) County Health Department (if septic tanks or individual wells are involved);
(b) City Engineer or Public Service District (if either is involved due to a tie-in to a public water or sewer system);
(c) County Engineer;
(d) South Carolina Department of Health and Environmental Control Water Division (if a tie-in to or a new public water system is involved);
(e) South Carolina Department of Health and Environmental Control Waste Water Division (if a tie-in to or a new public sewer systems is involved); and
(f) Central Midlands Regional Planning Council (for comment only).
(2) These reviewing agencies shall report their findings to the Planning Commission within 30 days after receipt of preliminary plat. Upon receipt of reports from these reviewing agencies, the Planning Commission shall give approval, approval with certain modifications, or disapproval of the preliminary plat, but in each case their action shall be taken within 60 days after submission of the preliminary plat; otherwise, the plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Planning Commission on demand; provided, however, that the applicant for the Planning Commission's approval may waive this requirement and consent in writing to an extension of the period. The grounds of disapproval of any preliminary plat shall be stated in the records of the Planning Commission, and the reasons for the disapproval shall be delivered in writing, return receipt requested, to the applicant and the land owner within 10 days of the Planning Commission's decision.
(3) It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies or county departments. It may, however, seek to bring agreement in case of conflicts between the various reviewing agencies, or a reviewing agency and the subdivider.
(4) All plats submitted to the Planning Commission shall contain the name, address, and telephone number of a designated contact person. At least 10 days prior to the meeting in which the Planning Commission will act on the preliminary plat, a notice of the hearing shall be sent to certified mail to the contact person. The notice shall specify the date, time, and location of the meeting.
(5) Any appeal of the Planning Commission's decision shall be made to the County Council who shall hear the appeal, and in its discretion hear oral argument on the appeal, and make its decision known to the appellant and the Planning Commission. Any appeal to County Council must be in writing and filed with County Council within 10 days after the notice of the decision of the Planning Commission has been delivered to the subdivider. The County Council must render its decision as to whether or not the appeal shall be heard within the 20-day period thereafter. Failure to act by County Council within the 20-day period shall constitute a denial of the appeal and the ruling of the Planning Commission shall be the final administrative decision in the matter. If County Council determines to give a formal hearing on the appeal, the applicant shall be notified by certified mail, return receipt requested, mailed at least 5 days before the hearing. The Council shall have the discretion to consider or not consider any oral argument by the applicant or other interested parties.
(6) Approval of the preliminary plat shall be noted on the plat and certified by the administrative official to the Planning Commission on authorization by the Planning Commission. Also noted shall be the date on which the Planning Commission granted approval and the date of written notification to the subdivider or his or her authorized agent.
(7) Approval of a preliminary subdivision plat shall not constitute approval of the final subdivision plat. Application for approval of the final (record) plat will be considered only after the requirements for final plat approval as specified herein have been fulfilled and after all other specified conditions have been met. Upon approval of the preliminary subdivision plat by the Planning Commission, the subdivider may proceed to comply with the other requirements of these regulations and the preparation of the final subdivision plat.
(C) Effective period of preliminary approval. The approval of a preliminary plat shall be effective for a period of 1 year, at the end of which time final approval on the subdivision must have been obtained from the Planning Commission, although the plat need not yet be signed and filed with the County Clerk of Court. Any plat not receiving final approval within the period of time set forth herein shall be required to resubmit a new plat for preliminary approval subject to all new subdivision regulations.
(D) Model homes, sales offices, and community buildings. For the purpose of allowing the early construction of model homes, sales offices, and community buildings, the Planning Commission, at its discretion, may authorize the issuance of building permits for these structures, provided:
(1) Preliminary plat approval has been obtained;
(2) The building permit may only be issued to the developer or, if the developer does not have a contractor's license, to a third-party licensed contractor with the prior approval of the county;
(3) All building permits issued at this time are for speculative commercial ventures only. The issuance of the permit does not guarantee the developer the right to sell, convey, or occupy the structure;
(4) The number of structures permitted under this division (D) shall be limited to 4, or a number not to exceed 10% of the lots depicted in the preliminary plat, whichever is greater; and
(5) No model homes, sales offices, or community buildings shall be conveyed until the developer has obtained final plat approval or bonded final plat approval.
(Ord. 105, passed 12-29-1988) Penalty, see § 154.999