(A) Term. These procedures shall remain in effect unless and until repealed, amended or modified by the County Council in accordance with applicable state law and county ordinances and resolutions.
(B) Annual review.
(1) At the first County Council meeting in March each year, the County Manager or a designee shall coordinate the preparation and submission of a report on the subject of impact fees. County Council, however, may request reports more frequently.
(2) The report shall include the following:
(a) Recommendations on amendments, if appropriate, to these procedures or to specific ordinances adopting impact fees for particular public facilities;
(b) Proposed changes to the county comprehensive plan and/or an applicable capital improvements program, or the capital improvement plan for the particular public facility, including the identification of public facility system improvements anticipated to be funded wholly or partially with impact fees;
(c) Proposed changes to the boundaries of impact fee districts or subdistricts, as appropriate;
(d) Proposed changes to impact fee schedules as set forth in the ordinances imposing and setting specific impact fees;
(e) Proposed changes to level of service standards;
(f) Proposed changes in the impact fee calculation methodology;
(g) Other data, analysis or recommendations as the County Manager or a designee may deem appropriate, or as may be requested by the County Council.
(3) Submission of impact fee annual report and County Council action. The County Manager or a designee shall submit the impact fee annual report to the County Council, which shall receive the report and take such actions as it deems appropriate, including, but not limited to, requesting additional data or analyses and holding public workshops and/or public hearings.
(C) Affected area.
(1) Impact fee district. Impact fees may be imposed on new development in the county for particular public facilities authorized by state law. The particular impact fees may be divided into impact fee districts (and subdistricts) by the County Council for purposes of expenditure of impact fees funds.
(2) Municipalities. Impact fees adopted by the county shall, if necessary and appropriate, be collected by the municipalities on new development within the municipality pursuant to an intergovernmental agreement with the county which provides that the impact fees collected by the municipality be transferred to the county for expenditure in accordance with the terms of these procedures.
(3) Identification. The affected area, including impact fee districts, subdistricts, if applicable, and participating municipalities who will be responsible for collecting the fees, shall be described and/or listed in the applicable fee-setting ordinances.
(D) Type of development affected. These procedures shall apply to all new development as defined in this chapter and as defined in the applicable fee-setting ordinances.
(E) Type of development not affected. The requirements of this subchapter and the applicable fee-setting ordinances shall not apply to:
(1) Building permits. New development for which a building permit has been issued prior to the effective date of these procedures, as amended.
(2) Previous payment of impact fees. New development for which impact fees have been paid in full.
(3) Public facilities provided by the state or federal government. The development of public facilities by the state or the federal government.
(4) Spaces in existing mobile home parks existing prior to December 16, 1996. A mobile home located on a space in a mobile home park or court pursuant to an existing site plan or Planned Urban Development (PUD) District in which mobile homes are listed as part of the regulations applying to that district, which site plan or PUD District was approved on or before December 16, 1996, or for a mobile home park or court existing on or before July 7, 1986, pursuant to the plans and specifications approved by the South Carolina Department of Health and Environmental Control (DHEC) and for which a validly issued DHEC permit is in effect. This exception shall not apply to spaces approved within or adjacent to a mobile home park or court after December 16, 1996.
(F) Exemptions. The following structures or activities are exempt from impact fees.
(1) Rebuilding. Rebuilding the same amount of floor space of a structure that was destroyed by fire or other catastrophe.
(2) No net increase in dwelling units. Remodeling or repairing a structure that does not result in an increase in the number of service units or replacing a residential unit, including a manufactured home, with another residential unit on the same lot, if the number of dwelling units does not increase.
(3) No net increase in non-residential square footage. New non-residential development which does not add square footage or floor area.
(4) Construction trailer or office during construction. The placement of a construction trailer or office on a lot during the period of construction on the lot.
(5) Increasing dwelling unit square footage. Constructing an addition on a residential structure which does not increase the number of service units.
(6) Uses accessory to residential uses. Adding uses that are typically accessory to residential uses, such as a tennis club or clubhouse, unless it is clearly demonstrated that the use creates a significant impact on the demand for a particular public facility.
(7) Affordable housing.
(a) All or part of a particular development project if:
1. The project is determined to create affordable housing; and
2. The exempt development's proportionate share of system improvements is funded through a revenue source other than development impact fees.
(b) To maintain for the exemption, the developer or successor must annually file a report with the Planning and Development Department certifying the housing units meet the definition of affordable for a period of 30 years after the certificate of occupancy is issued. If the dwelling unit(s) are converted to market rate housing during this 30-year period, the developer or successor shall be responsible for paying the impact fee due at the time the dwelling unit was permitted.
(8) Other uses. A use, development, project, structure, building, fence, sign, or other activity which does not result in an increase in the demand for a public facility system improvement for which impact fees are imposed and collected in accordance with this subchapter and the applicable fee-setting ordinances.
(9) Schools. A new elementary, middle, or high school.
(10) New volunteer Fire Department. A new volunteer Fire Department.
(G) Waivers for retiree housing. Impact fees for retiree housing may be waived pursuant to § 153.61, if the applicant: (1) ensures the housing will maintain its eligibility as retiree housing as defined in this subchapter for at least 30 years from the date of building permit issuance; and (2) certifies each year thereafter, by the anniversary date of building permit issuance, that the housing still meets the requirement. If at any time during the 30-year period the housing fails to comply with these eligibility requirements, the waiver is automatically voided, and the owners of the development shall pay the impact fees in effect on the date eligibility expires.
(H) Effect of payment of impact fees on other applicable county land development regulations.
(1) The payment of impact fees shall not entitle the applicant to a development permit unless all other applicable requirements, standards, and conditions of approval have been met. Such other requirements, standards, and conditions of approval are independent of the requirement for payment of impact fees.
(2) Neither these procedures or the applicable fee-setting ordinances shall affect, in any manner, the use of property, density/intensity of development, design and improvement standards or other applicable standards or requirements of this code.
(I) Amendments. This subchapter, and any applicable fee-setting ordinances for any particular public facilities, may be amended from time-to-time by the County Council.
(‘77 Code, § 14-33) (Ord. 7196, passed 12-16-96; Am. Ord. 4897, passed 8-4-97; Am. Ord. 4997, passed 8-4-97; Am. Ord. 903, passed 2-3-03; Am. Ord. 605, passed 3-14-05; Am. Ord. 2718, passed 7-16-18)