The words or phrases used in this subchapter shall have the meaning prescribed in the current county code except as otherwise indicated in this section. To the extent that the definitions of words, terms and phrases as prescribed in S.C. Code § 6-1-920, as amended, conflict with the definition of words, terms or phrases as defined in this subchapter or other county ordinances, the former shall control:
AFFORDABLE HOUSING. Housing affordable to families whose incomes do not exceed 80% of the median income for the service area or areas within the jurisdiction of the governmental entity. Median household income shall be based upon the most recent data available from the United States Bureau of the Census as of the date of the application for a building permit.
APPROPRIATION or TO APPROPRIATE. An action by the County Council or the applicable service provider to identify specific public facilities for which impact fee funds may be utilized. APPROPRIATION shall include, but shall not necessarily be limited to: inclusion of a public facility in the capital improvements plan for the particular impact fee prepared in accordance with S.C. Code §§ 6-1-910, et seq., as amended. The South Carolina Development Impact Fee Act; execution of a contract or other legal encumbrance for construction of a public facility using impact fee funds in whole or in part; and actual expenditure of impact fee funds through payments made from an impact fee account for public facilities in the capital improvements plan.
CAPITAL IMPROVEMENTS. Has the meaning established in S.C. Code § 6-1-920(2), as amended (... improvements with a useful life of five years or more, by new construction or other action, which increase or increased the service capacity of the public facility).
CAPITAL IMPROVEMENTS PLAN. Has the meaning established in S.C. Code § 6-1-920(3), as amended (... a plan that identifies capital improvements for which impact fees may be used as a funding source).
DEPARTMENT. Planning and Development Services Department.
DEVELOPER. Has the meaning established in S.C. Code § 6-1-920(5), as amended (... an individual, corporation, partnership, or other entity undertaking development).
DEVELOPMENT. Has the meaning established in S.C. Code § 6-1-920(6), as amended (... construction or installation of a new building or structure, or a change in use of a building or structure, any of which creates additional demand and need for public facilities. A building or structure shall include but not be limited to, modular buildings and manufactured housing. DEVELOPMENT does not include alterations made to existing single-family homes).
DEVELOPMENT IMPACT FEE or IMPACT FEE. Has the meaning established in S.C. Code § 6-1-920(8), as amended.
DIRECTOR. The Director of Planning or a designee.
DISTRICT or IMPACT FEE DISTRICT. A defined geographic area or subarea of the county which serves as the service area within which particular impact fees are collected, appropriated, and expended for public facility system improvements that are identified in the capital improvement plan for the public facility.
FEE PAYOR. Has the meaning established in S.C. Code § 6-1-920(10), as amended (...the individual or legal entity that pays or is required to pay a development impact fee).
GOVERNMENTAL ENTITY. Has the meaning established in S.C. Code § 6-1-920(11), as amended. (... a county, as provided in Chapter 9, Title 4, and a municipality, as defined in S.C. Code § 5-1-20).
IMPACT FEE DISTRICT MAP. The map(s) defining the geographical extent of the impact fee districts and subdistricts for each adopted impact fee, as may be necessary.
LEVEL OF SERVICE. Has the meaning established in S.C. Code § 6-1-920(14), as amended (... a measure of the relationship between service capacity and service demand for public facilities).
MULTIPLE USES. A new development consisting of both residential and non-residential uses or one or more different types of non-residential uses on the same site or part of the same new development.
PROPORTIONATE SHARE. Has the meaning established in S.C. Code § 6-1-920(17), as amended (that portion of the costs of system improvements determined pursuant to S.C. Code § 6-1-990 which reasonably relates to the service demands and needs of the project).
PUBLIC FACILITIES. Has the meaning established in S.C. Code § 6-1-920(18), as amended, (...(a) water supply production, treatment, laboratory, engineering, administration, storage, and transmission facilities;... [(i)] public education facilities for grades K-12 including, but not limited to, schools, offices, classrooms, parking areas, playgrounds, libraries, cafeterias, gymnasiums, health and music rooms, computer and science laboratories, and other facilities considered necessary for the proper public education of the state's children).
RETIREE HOUSING. A housing facility or community which constitutes "housing for older persons" as defined in the Fair Housing Act (42 U.S.C. § 3607(b)(2) and 24 C.F.R. § 100.303, as amended), or a housing facility or community which is otherwise restricted through the filing of a binding declaration of covenants, conditions, and restrictions (“CCR’s”) for occupancy by persons at least 62 years of age, provided however, that RETIREE HOUSING does not include any dwelling unit for which the CCR’s have been invalidated by any court of competent jurisdiction.
SERVICE AREA. Has the meaning established in S.C. Code § 6-1-920(19), as amended (...based on sound planning or engineering principles, or both, a defined geographic area in which specific public facilities provide service to development within the area defined...).
SERVICE UNIT. Has the meaning established in S.C. Code § 6-1-920(20), as amended (...a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements).
SUCCESSOR IN INTEREST. A person who gains a fee simple interest in land for which an impact fee is paid or an offset is approved pursuant to the terms of this subchapter.
SYSTEM IMPROVEMENTS. Has the meaning established in S.C. Code § 6-1-920(21), as amended (...capital improvements to public facilities which are designed to provide service to a service area).
SYSTEM IMPROVEMENTS COSTS. Has the meaning established in S.C. Code §6-1-920(22), as amended.
(‘77 Code, §14-32) (Ord. 7196, passed 12-16-96; Am. Ord. 903, passed 2-3-03; Am. Ord. 605, passed 3-14-05; Am. Ord. 2718, passed 7-16-18; Am. Ord. 5019, passed 10-21-19)