As of the effective date of this chapter, the Town of Pine Ridge may enter into a binding development agreement with the developer for long-term developments on large tracts of land. The development agreement shall meet all the requirements under S.C. Code, Title 6, Chapter 31 § 6-31-10, et seq., "The South Carolina Local Government Development Agreement Act" (the Act). The development agreement gives the developer a vested right for the term of the agreement to proceed according to the provisions of the ordinance in existence on the execution date of the agreement per § 6-31-80 of the Act. Benefits to the Town may include enhanced development design standards, on and off-site infrastructure, public facility and other improvements and funding, affordable housing, and other benefits negotiated with the developer in return for vesting of development rights for the term of the agreement.
A. Minimum requirements.
(1) The property must contain a minimum of 25 acres of highland as defined as land above the 100-year floodplain as delineated on the official FEMA flood maps of Lexington County.
(2) Development time. The following table specifies the maximum term of a development agreement by the size of the project:
Maximum Term of Development Agreement By Size of Project |
|---|
Size of Project | Maximum Term of Development Agreement |
|---|
25-250 acres of highland | 5 years |
> 250-1,000 acres of highland | 10 years |
> 1,000-2,000 acres of highland | 20 years |
> 2,000 acres of highland | As set by the Town and the developer |
(3) The maximum term of a development agreement may be extended by a subsequent agreement.
B. Procedures for adoption of development agreements.
C. Drafting of agreement. The developer shall consult with the Planning Official, who shall consult with the Town Attorney and other staff and consultants in drafting the terms and conditions of the development agreement. The development agreement shall include, but is not limited to, all elements as required by § 6-31-60 of the Act.
D. Planning commission public hearing.
(1) The Planning Commission shall hold a public hearing. A notice of intent to consider the development agreement shall be published in a newspaper of general circulation at least 15 days prior to the hearing. The notice shall include:
(a) The specific location of the property.
(b) The proposed uses of the development.
(c) The location where a copy of the proposed agreement may be obtained.
(2) The subject property shall also be posted with a notice of public hearing at least 15 days prior to the public hearing.
(3) At the conclusion of the Planning Commission Public hearing. The Planning Commission Chairperson shall announce the Town Council's public hearing and the date, time, and place that the Town Council will hold a public hearing on the proposed development agreement. The Town Council public hearing shall be held at least 15 days after the Planning Commission public hearing.
E. Planning commission recommendation to Town Council. The Planning Commission shall review the development agreement and make a recommendation to the Town Council to:
(1) Accept the development agreement as drafted;
(2) Accept the development agreement with amendments; or
(3) Deny the development agreement.
F. Town council public hearing.
(1) The Town Council shall hold a public hearing. A notice of intent to consider the development agreement shall be published in a newspaper of general circulation at least 15 days prior to the hearing. The notice shall include:
(a) The specific location of the property.
(b) The proposed uses of the development.
(c) The location where a copy of the proposed agreement may be obtained.
(2) The subject property shall also be posted with a notice of public hearing at least 15 days prior to the public hearing.
G. Development agreement ordinance. The proposed development agreement shall be reviewed and approved by the Town Attorney and approved by the Town Council by adoption of an ordinance.
H. Recording of development agreement. The developer shall record the development agreement with the Lexington County Register of Deeds within 14 days after the development agreement ordinance is executed.
I. Annual review. The Planning Official shall conduct annual reviews to assess the progress of the development for the purposes of determining if the developer is demonstrating good faith compliance with the terms of the agreement. The Planning Official shall prepare a written report to the Planning Commission, Town Council, and the developer within 30 days following the annual review. When the annual review reveals a material breach of the agreement, the following steps shall be taken:
J. Notice of breach. The Planning Official shall include in the report a notice of breach setting out the specific nature of the breach and the evidence supporting this determination. The notice of breach shall serve as the formal notification to the developer and shall be delivered by certified mail.
K. Corrective action plan. The developer shall have 30 days to respond with a corrective action plan with the time frame to cure the material breach. The developer should be given a reasonable time to correct the breach, commensurate with the nature of the breach. The Planning Official may approve the corrective action plan. The Planning Official shall transmit copies of the approved correction plan to the Planning Commission and Town Council. A decision of the Planning Official may be appealed to Town Council.
L. Termination of agreement. Upon failure of the developer to respond to the notice of breach within 30 days, or to correct the breach within the time given, the Town Council may unilaterally terminate or modify the agreement. However, failure of the developer to meet a commencement or completion date shall not, in and of itself, automatically constitute a material breach of the agreement, but must be judged based on the totality of the circumstances. The Town Council shall deliver a decision of termination of agreement in writing by certified mail to the developer. The developer shall have an opportunity to rebut the determination in executive session of Town Council, or consent to amend the agreement to meet the concerns raised by the findings and determination of the breach.