USA – SOUTH CAROLINA Law and Practice Contributed by: Matt Norton and Christian Kolic, K&L Gates
of water, sewer and stormwater retention and dispersal requirements is regulated by the South Carolina Department of Health and Environmen - tal Control and local governments. 4.4 Obtaining Entitlements to Develop a New Project Planning and Zoning Departments If the proposed use is consistent with existing zoning codes, then the initial step in develop - ment of property is to obtain approval from the applicable planning and zoning departments of a site plan setting forth the basic layout of the project. The site plan may include (or will be followed by) civil engineering plans show - ing regulated wetlands, stormwater retention and dispersal plans, utility plans such as water and sewage, and building footprints. Additional approvals required in connection with the site plan approval process include approval of storm - water containment and dispersal plans, approval of curb cuts for access to public roads obtained from the applicable department of transporta - tion, and approval of wetlands delineation and impairment by the US Army Corps of Engineers. Architectural Review Board Architectural plans likewise require approval of the applicable planning and zoning department as well as, if applicable, the governing architec - tural review board. Appropriate permits must be issued before land disturbance and the com - mencement of construction. If the project and proposed use of the property conform to exist - ing zoning requirements, there is generally no formal public input into the permitting process. To the extent the project or the resulting use of the property requires a variance or a zoning amendment, the property owner must comply with a formal application process, requiring, among other things, one or more public hear -
ings. The public is given the right to object to any requested variances or zoning amendment and to participate in the related public hearings. 4.5 Right of Appeal Against an Authority’s Decision Most state and local authorities have a board of zoning appeals or a functionally equivalent body that is expressly authorised to hear appeals from permitting and zoning actions, including denial of or the imposition of conditions on permits and zoning variances. Aggrieved parties gener - ally have an appeal as a matter of right to the appeals board with respect to any adverse deci - sion made under a zoning or development ordi - nance, including adverse decisions with respect to the issuance of permits. 4.6 Agreements With Local or Governmental Authorities The construction or development of projects that are in conformity with applicable zoning and land-use requirements does not require specific agreements with local authorities. Nevertheless, in order to provide certainty to developers prior to the investment of substantial funds, local governments are authorised to enter into devel - opment agreements with property owners. The development agreements are intended to allow for pre-approval of the scope and permitting of a proposed project and will typically address zon - ing and land-use issues, density, infrastructure and the funding of related public services. Local governments are required to have one or more public hearings after public notice before entering into development agreements. Devel - opment agreements are commonly used in con - nection with larger projects and where the spe - cific project requires amendments or variances from the current zoning.
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