(A) Purpose. The purposes of a Development Agreement are coordinate the provision of adequate public facilities with the timing of development and otherwise document the terms of subject developments in accordance with S.C. Code § 6-31-10. The Development Agreement may incorporate the provisions of a Development Bonding Agreement.
(B) Applicability. A Development Agreement is a voluntary agreement between the county and an applicant that may be required by the county when an applicant decides to proceed with a development that would not otherwise be approved due to one or more of the following conditions:
(1) The county finds that there is the need to coordinate the provision of adequate public facilities, which may include water, sewer, stormwater, transportation, school or other mutually agreed-upon public facilities, with development generating the need for those facilities;
(2) The county finds that there is the need for specific development conditions associated with a planned development; or
(3) The county finds that there is the need to document other specific conditions applicable to the timing, intensity, location or design of a development.
(C) Contents. While each Development Agreement will be unique to the applicable development, agreements may include any of the following provisions:
(1) Description of required on-site and/or off-site improvements;
(2) Assignment of the timing and responsibility for provision of required improvements;
(3) Assignment of funding responsibilities for required improvements;
(4) Establishment of a phasing plan for development;
(5) Establishment of development standards applicable to the property;
(6) Terms for the administration of the agreement;
(7) The Development Agreement may incorporate the provisions of a Development Bonding Agreement; and
(8) Other mutually agreeable terms of the agreement.
(D) Decision maker. The County Manager, County Attorney and other appropriate staff shall negotiate the Development Agreement subject to approval of the agreement by the County Council in accordance with state law.
(E) Effect of Development Agreement. The Development Agreement shall have the effect of a contract between parties signing the agreement.
(Ord. 907, passed 6-18-07; Am. Ord. 1122, passed 2-21-22)