USA – SOUTH CAROLINA Law and Practice Contributed by: Matt Norton and Christian Kolic, K&L Gates
4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Most jurisdictions have adopted building codes, incorporating construction standards such as required building elevation, general structural matters, loadbearing and wind resistance, and electrical and plumbing requirements. Land dis - turbance and construction permits are required prior to the commencement of construction, and during construction, arrangements must be made for periodic governmental inspec - tions to verify compliance with applicable build - ing codes. Building code compliance is also required in connection with any major refurbish - ment of existing structures. Some, but not all, jurisdictions have architectural review boards or equivalent entities with approv - al rights over the design and exterior appearance Most local governments have planning and zon - ing departments charged with enforcing zoning and land-use regulations and building inspection departments charged with enforcing construc - tion requirements. These regulations typically include permitted uses, lot coverage, setback requirements and general construction stand - ards. In some rural areas, however, there is no applicable zoning regulation, although building codes will nevertheless be applicable. In addition to general planning and zoning and construction regulation, the construction of “curb cuts” granting physical access to exist - ing public roads requires approval of the appli - cable department of transportation. If there are regulated wetlands on the parcel, approval of the development plans by the US Army Corps of Engineers will generally be required. Approval of new and renovated structures. 4.3 Regulatory Authorities
rate may be modified, but in theory, the amend - ed repayment terms must grant the lender on a present value basis the equivalent value of its mortgage interest. Mortgages may be set aside in bankruptcy if the mortgage was granted within the period immedi - ately preceding the bankruptcy filing as security for a pre-existing unsecured debt, if the mortgage lender did not provide reasonably equivalent val - ue to the borrower in exchange for the granting of the mortgage, or if there is a significant delay in the recording of the mortgage. A mortgage may also be set aside in bankruptcy if it is not timely and properly filed and indexed in the real property records so as to cause the mortgage to have priority over competing lien creditors. The most important actions a mortgagor lender may take to protect itself from bankruptcy risks is to ensure that the mortgage is recorded in a timely manner and properly indexed in the appropriate recording office. 3.10 Taxes on Loans There is no existing or pending legislation in South Carolina that proposes to impose a mort - gage recording tax, or tax on a pledge of share, or membership interests in the borrower in con - nection with a mezzanine loan. 4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning Most jurisdictions have a local planning com - mission, which undertakes a continued plan - ning programme for the physical and economic growth of the jurisdiction.
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