§ 5-6-2. Application.

(a)

Any person seeking a land development agreement with the city shall make application to the city administrator or to such other person as the governing body may designate. The application shall incorporate a statement setting forth the objectives of the development and the benefits that will inure to the public as a result. The application shall include a legal description of the property subject to the agreement, which property must contain a minimum of 25 acres of highland, and the names of its legal and equitable owners; the proposed duration of the agreement, which must be consistent with South Carolina Local Government Development Agreement Act. Development agreements involving property containing no more than 250 acres of highland shall be for a term not to exceed five (5) years. Development agreements involving property containing 1,000 acres or less of highland but more than 250 acres of highland shall be for a term not to exceed 10 years. Development agreements involving property containing 2,000 acres or less of highland but more than 1,000 acres of highland shall be for a term not to exceed 20 years. The application must also include the development uses permitted on the property, including population densities and building intensities and height; a description of public facilities that will service the property, including the identity of who is to construct and/or provide the facilities, the date that any new public facilities, if needed, will be constructed, and a schedule to verify that public facilities will be available concurrent with the impacts of the development; a description, where appropriate, of any reservation or dedication of land for public purposes; any provisions to protect environmentally sensitive property as may be required or permitted pursuant to laws in effect at the time of application; a description, where appropriate, of any provisions for the preservation and restoration of historic structures. The application shall also include the current, and if applicable, requested zoning of the property and a site analysis prepared by a registered engineer or surveyor showing the location of existing manmade features; the location, size, and type of protected or landmark trees as defined in the city code of ordinances; where major circulation systems are proposed; general topographic information from topographic maps or other suitable maps; and the location and description of identified cultural resources. A land use plan shall be part of the application, which shall show the location, net acreage and gross acreage for each type of residential, office or commercial development proposed for the property, open space areas, water bodies and major circulation systems and existing land uses adjacent to the property. The plan must also identify the type of dwelling units proposed, the minimum of lot size per dwelling unit, and minimum lot frontage requirements, and minimum set back requirements for principal buildings. The application shall include a description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term or restriction does not relieve the developer of the necessity of complying with the law governing the permitting requirements, conditions, terms or restrictions.

(b)

A development agreement may provide that the entire development or any phase of it is to be commenced or complete within a specified period of time. The development agreement must provide a development schedule including commencement dates and interim completion dates at no greater than five (5) year intervals, provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement, but may be judged based upon the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer.

(c)

With the application, any fee as city council may from time to time establish must also be remitted.

(d)

The city administrator shall review land development agreement applications, and if necessary for a more coherent understanding of the proposed development, may request additional information.

(e)

The development agreement must include a finding that the development permitted or proposed is consistent with the city's comprehensive plan and land development regulations.

(Ord. No. 98-05-25(A), 5/25/98; Ord. No. 2009-05-11(A), 5/11/09)