§ 59-33. Submission and review of preliminary plan.
(a)
Filing of application. Application for approval of a preliminary plan of a proposed subdivision shall be made to the administrative officer. In making application a subdivider or property owner shall include six full sets of the plan and such materials as shall be required in these regulations. Also, either an 8 x 11 or an 11 x 14 size copy of the preliminary plan must be provided.
(b)
Distribution of copies for review. The administrative officer shall submit copies of the preliminary plan ID to the Berkeley County Engineer's Office, the Berkeley County Soil and Water Conservation District Office, the Berkeley County Water and Sanitation Authority, and the Berkeley, Charleston, Dorchester Council of Governments for their review and recommendations. Their recommendations shall become part of the administrative officer's findings. The applicant is required to provide the SCDHEC office an application for private sanitary sewer system(s) review. The applicant is then responsible for providing the SCDHEC report of the test(s) to the administrative officer prior to approval of the plat.
(c)
Fees. To defray the costs of administration and notification, the subdivider shall pay the following fees to the planning and zoning department at the time of filing for preliminary plan approval or; in the case of exceptions, shall pay such fees at the filing for final plat approval.
Number of Lots Created Fee 2 $25.00 3—10 $25.00 + $10.00 per lot 11—25 $50.00 + $10.00 per lot and $10.00 per acre 26—100 $200.00 + $10.00 per lot and $10.00 per acre 101+ $500.00 + $10.00 per lot and $10.00 per acre All revisions to a preliminary plan by the applicant requiring an additional preliminary plan review committee approval will be subject to a one time fee of 25 percent of the original fee required.
The subdivider shall pay an application fee of $100.00 plus $15.00 per parcel, for variance requests including, but not limited to, minimum lot size, plat requirements, design standards and improvements.
The subdivider shall pay the following plan review fees to the county engineering department at the time of filing for preliminary plan approval:
Number of Lots Fee 1—10 $150.00 11—50 $150.00 + per $15.00 per lot Over 50 $900.00 plus $5.00 per lot over 50 lots When the preliminary plan consists of a roadway to be reviewed by the county engineering department and not associated with the development of lots, the plan review fee will be $150.00 plus $0.25 per linear foot of roadway centerline.
(d)
Comments by review committee. A "preliminary plan review committee" shall consist of the administrative officer, the Berkeley County engineer or his/her designee, a Berkeley Soil and Water Conservation District agent, a Berkeley County SCDHEC representative, and a representative from the Berkeley County Water and Sanitation Authority. Each member shall review the plans to be considered and their review comments shall become part of the administrative officer's findings as well as any comments submitted by the Berkeley, Charleston, and Dorchester Council of Governments. The administrative officer shall establish a regular meeting schedule.
(e)
Action by administrative officer. The administrative officer shall approve, approve conditionally, or deny the preliminary plan. If the preliminary plan is disapproved or approved conditionally, the reasons for such actions shall be stated in writing and signed by the administrative officer, and one copy shall be mailed to the applicant within ten days after action was taken. The administrative officer will provide the planning commission with a monthly report of the action taken.
(f)
Approval. If the preliminary plan is found to conform to all of the requirements of this article, approval shall be given by the administrative officer. The planning and zoning department shall retain one copy, and one copy shall be given to the subdivider.
(g)
Authorization granted by preliminary plan; time limit for submission of final plat and installation of improvements. Preliminary plan approval shall be authorization for the subdivider to proceed with the installation of site improvements and to proceed with preparation of the final plat, but shall not authorize the sale or transfer of lots. Approval of the preliminary plan shall become void unless installation of improvements is substantially begun (i.e. more than 50 percent of the installation has been completed) or unless a final plat of all or a portion of the subdivision is submitted for approval within one year of the date of said approval; provided, however, that the administrative officer may waive this requirement and consent to an extension of said time period. If the subdivider is proposing to develop the preliminary plan in phases, a phasing plan shall be included. Proposed changes in the phasing plan shall be subject to approval by the county engineer. The subdivider must begin the construction of all approved phases of the preliminary plan within 24 months or such plan must be resubmitted for the administrative officer's further approval.
(h)
Installation of improvements prior to approval of plan. No permanent improvements shall be made prior to a granting of approval of the preliminary plan by the administrative officer.
Prior to proceeding with construction of public roadway and drainage improvements, the subdivider shall pay the following inspection fees to the county engineering department.
Number of Lots Fees 1—10 $200.00 Over 10 $0.50 per linear feet of roadway centerline A fee of $100.00 per inspection will be assessed for reinspection of incomplete or failed construction.
(i)
Exemptions. The following applications for subdivisions shall be exempted from the preliminary plan review process, and may be submitted directly for final plat review:
(1)
In the case of a combination or recombination of portions of previously platted lots where the number of lots, as shown on an approved final plat, is not increased and the resultant lots are equal to the standards of this chapter and other relevant county ordinances.
(2)
In the case of any proposed subdivision where no new street, either public or private, is involved and no parcels are created which are smaller than five acres.
(3)
In the case of property transferred by will or intestate succession or forced division decreed by appropriate judicial authority or by tax sale as authorized by state law.
(4)
In the case where a proposed subdivision results in one new lot, is located on an existing public road, complies with SCDHEC rules and regulations pertaining to the availability of potable water and sanitary sewer facilities, and the proposed new lot and the residual portion meets minimum lot size.
(5)
In the case of a property existing as a lot of record prior to April 26, 1999, but not by recorded plat, a subsequent plat of the property, prepared after April 26, 1999, shall be exempt and the plat will be stamped "Received for information." Any subdivision of the property subsequent to the plat shall comply with all current regulations.
(j)
Appeals of decisions of the administrative officer. If an applicant disagrees with the disapproval or approval with modifications of the preliminary plan by the administrative officer, he may appeal the decision on the preliminary plan to the planning commission in accordance with this article.
It is expressly understood that the planning commission shall not act to override the requirements of other agencies or county departments. It may, however, seek to bring agreement in case of conflicts between the various reviewing agencies, or a reviewing agency and the subdivider.
Approval of the preliminary plan shall be noted on the plan and certified by the administrative officer. Also noted shall be the date on which the administrative officer granted approval. Approval of a preliminary subdivision plan shall not constitute approval of the final subdivision plat. Application for approval of the final (record) plat will be considered only after the requirements for final plat approval as specified herein have been fulfilled and after all other specified conditions have been met. Upon approval of the preliminary subdivision plan the subdivider may proceed with compliance with the other requirements of these regulations, construction of proposed improvements, and the preparation of the final subdivision plat.
(Ord. No 99-4-20, § 1(art. VI(C)), 4-26-1999; Ord. No. 04-11-67, 11-23-2004; Ord. No. 05-06-38, 6-20-2005; Ord. No. 07-03-14, 3-26-2007; Ord. No. 07-10-64, §§ VI.C.1, VI.C.3, 10-22-2007)