Ordinance # ____________

 

AN ORDINANCE PROVIDING FOR THE

ESTABLISHMENT OF A VESTED RIGHT

TO DEVELOP PROPERTY IN _________

COUNTY.

 

WHEREAS, the General Assembly in Act 287 of 2004 provided that local governments may establish a procedure providing for a vesting of rights in certain development plans; and

WHEREAS, the Act called for Local Governments to enact land development ordinances and regulations implementing the provisions of the legislation on or before July 1, 2005 ; and

WHEREAS, local governments that do not pass land development ordinances and or ordinances implementing a procedure for the establishment of a vested right will be subject to the requirements of Section 6-29-1560 of the Act. This Section substitutes statutory conditions for vesting , thereby reducing local control and flexibility;

NOW THEREFORE BE IT ORDAINED BY THE COUNTY COUNCIL FOR __________________ COUNTY, SOUTH CAROLINA, DULY ASSEMBLES THAT THE FOLLOWING ORDINANCE IS HEREBY ADOPTED:

1. TITLE, This ordinance shall be known as the VESTED RIGHTS ORDINANCE.

2. DEFINITIONS :

A. County shall mean the unincorporated area of the county.

B. Approved means a final review and approval in accordance with its established procedures by _________ County of a site specific development plan. Phased development plans remain subject to review of all phases prior to being vested.

C. Landowner means an owner of a legal or equitable interest in real property including heirs, devisees, successors and assigns and personal representatives of the owner. It may include a person holding a valid option to purchase real property pursuant to a contract with the owner to act as his agent or representative for purposes of submitting a proposed development plan.

D. Land development ordinances are those ordinances which address the development of land and may include but are not limited to zoning, subdivision, road construction and dedication, mobile home, advertising and agriculture siting ordinances.

E. Phased development plan means a development plan submitted to a county government by a landowner that shows the types and density or intensity of uses for a specific property or properties to be developed in stages.

F. Site development plan means a plan submitted by a landowner which describes with reasonable certainty the types and density or intensity of uses for specific property.

G. Vested right means the right to undertake and complete the development of property under the terms and conditions of a site specific development plan in conjunction with this ordinance and in conformity with county land development ordinances and upon final approval by the county.

3. VESTED RIGHTS:

A. A vested right is established for two years upon the final approval of a site specific development plan. Such vested right shall receive five one year extensions upon proper application by the landowner in each year that an extension is desired.

B. A vested right in a site specific development plan shall not attach until all plans have been received, approved and all fees paid in accordance with the procedure outlines in paragraph C below. All administrative appeals must be resolved in favor of the applicant before a vested right attaches. Upon approval, such vested right must attach prior to the issuance of a building permit but not later that authorization to proceed with investments in infrastructure.

* C. (A procedure which compliments and works in conjunction with other land development ordinance approval should be inserted here. An appeal process to Council or its designee may be designated if desired.)

* D. (The Act does not require that a phased development be granted a vested right. If the county decides to include such as being eligible for vesting, it must receive a two year vesting and the county may require specific approval of each phase when it become site specific.)

* E A Zoning Board of Adjustment or Board of Appeals does not have the authority grant a vested right and no such right shall accrue as a result of their decisions. ( a suggestion)

* F. Variances or special exceptions do not create a vested right. (a suggestion)

4. This ordinance shall take effect on June 30, 2005