C. Exempt Subdivisions. The planning and development office shall, at the time an exempt plat is submitted for recording, review said plat to determine if in fact it is exempt from the requirements of this article and, if so, stamp each copy of the plat for recording: “This plat is exempt from the requirements of the Colleton County Land Management Ordinance.”

If the plat is found not to be exempt from the requirements of this ordinance, the applicant shall be instructed to submit the plat to the director of planning and development for processing.

D. Minor Subdivisions.

1. Applicants requesting approval of a proposed minor subdivision, as defined by this title, shall submit to the planning director three copies of a plat, drawn to the requirements of the Minimum Standards Manual for the Practice of Land Surveying in South Carolina, and the prescribed fee.

2. The planning director shall review the application for compliance with the requirements of this title and if found to be in compliance will instruct the applicant to prepare a final plat, including surveyor certification.

3. Action on the final plat shall be taken by the director of planning and facilities and so noted for recording.

E. Major Subdivisions. Applications requesting approval of a major subdivision, as defined by this title, shall submit a preliminary and then a final plat in accord with the following procedures (steps):

Preliminary Plat (Plan) Approval

Step 1. The applicant shall submit to the planning director three copies of the preliminary plat, three copies of construction plans, and all materials stipulated by Section 14.36.070.

The planning director shall review the plat for compliance with the requirements of the ordinance, and submit copies to all affected county agencies for review and comment.

Upon completion of these reviews, the director shall forward the preliminary plat to the planning commission, together with all staff and agency comments and recommendations. The planning commission shall act on the application within thirty (30) days of receipt of the application. In its deliberation, the planning commission shall approve, approve conditionally, or disapprove the plat. If the preliminary plat is disapproved or approved conditionally, the reasons for such action shall be conveyed to the applicant. The reasons for disapproval shall refer specifically to those parts of the comprehensive plan or ordinance or regulation with which the plat does not conform. On conditional approval, the commission may require the applicant to resubmit the preliminary plat with all recommended changes before approving said plat.

If the preliminary plat is found to conform to all requirements of the ordinance, approval shall be given by the planning commission and shall be noted in writing by the chairman on at least two copies of the preliminary plat. One copy shall be retained by the planning office and one copy given to the applicant.

Step 2. Effect of Preliminary Plat Approval.

Preliminary Plat approval shall confer upon the applicant the following rights for one-year from the date of the approval, unless extended by the county:

a. To proceed under the supervision of the county, with the installation of site improvements; and

b. To proceed with the preparation of a final plat.

Preliminary plat approval shall not authorize the applicant to sell or otherwise transfer lots or parcels within the platted subdivision.

Step 3. Final Plat Approval.

Final plat approval is an administrative action. No public notice or hearing is required in connection with approval proceedings in the final plat.

An applicant requesting final plat approval shall submit to the planning director three copies of the material specified in this title, which shall show all streets and utilities in exact location, identifying those portions already installed and, where approved by the planning commission and council, those to be installed and/or certified in the amount of improvement guarantees required to assure completion of those improvements not yet installed.

Final plat approval shall be granted or denied within forty-five (45) days after submission of a complete application to the planning commission or within such further time as may be consented to by the applicant.

No subdivision or land development plat, portion, or phase thereof shall be accepted for filing by the office of clerk of court until it has been approved by the planning commission or director of planning and facilities, and so indicated on the plat by the signature of the authorized agent. No such signature shall be affixed to the plat until the developer has completed all required improvements or has posted a letter-of-credit and agreement.

a. Letter-of-Credit and Agreement. An applicant/developer who wishes to acquire building permits or sell lots before final plat approval may do so through an irrevocable letter-of-credit and agreement. The developer needs to provide the county with an itemized estimate of the improvements in the subdivision (i.e. roads, water, sewer, if sewer is available). If part of the improvements have been installed, the itemized estimate will be for the improvements from that point to completion of the subdivision. When these estimates are approved by the county, the developer then presents the county with the irrevocable letter-of-credit for the total of the improvements plus twenty-five percent (25%). The irrevocable letter-of-credit number, the name of applicant with address, expiration date, the amount and the beneficiary.

Step 4. Effect on Final Plat Approval.

Final Plat approval shall confer upon the applicant the following rights:

a. To record the plat with the county clerk of court, and

b. To proceed with the sale and/or transfer of lots and parcels in accord with the approved and recorded plat.

F. Land Development Project Other Than a Subdivision.

1. No building permit shall be issued for a shopping center; apartment or condominium complex; commercial, business, or industrial park; manufactured home park; or other multi-use or multi-occupant project, unless and until an applicant for such use submits to the director of planning and facilities the following:

a. A plat and/or site plan with date and scale, showing the actual shape and dimensions of the lot to be built upon; the size, height, and location on the lot of existing and proposed buildings and structures; the intended use of each building, the number or units the building is designed to accommodate; flood and wetland areas; proposed parking, driveways, and interior circulation pattern; building elevations; and contiguous off-site development.

b. Grading and storm water plan.

c. All required permits of other state and local agencies.

2. The planning commission and/or planning director shall evaluate the application in relation to the following design and improvement criteria.

Project Design Criteria

a. Ingress and egress to the project site shall be designed to maximize automotive and pedestrian safety and facilitate traffic flow.

b. Off-street parking, off-street loading, refuse, and service areas shall be designed to minimize their visual and physical impact on neighboring property.

c. Street right-of-way and pavement construction shall be adequate to accommodate the type and volume of traffic anticipated.

d. The project shall be designed in harmony with its physical surroundings and in such a manner as to ensure land use compatibility.

e. Where the project will create a need for off-site improvements, including improvements to streets, drainage systems, sidewalks, and curbs, the planning director and/or planning commission may require the installation of such improvements as a condition of approval.

If, upon review of these standards, the project is determined to be in compliance, the responsible administrative agent shall approve the land development application and cause the issuance of a building permit.

3. Any proposed changes to an approved project shall be resubmitted and reevaluated in light of the above.

(Ord. 03-O-02 (part), 2003; Ord. 99-O-25 § 9.6, 1999)