§ 36-83. Preliminary plan application.

(a)

Submission. Upon reaching conclusions informally in pre-application consultations if any, the subdivider, if he or she wishes to continue, shall prepare a complete preliminary plan application and submit it to the planning commission for review and approval. The preliminary plan application shall meet all applicable standards of this chapter, including the following, and shall be rejected by the administrative officer if it does not.

(1)

A letter requesting review and approval of a preliminary plan and giving the name and address of a person to whom the notice of the hearing by the planning commission on the preliminary plan may be sent, and

(2)

Five black or blue line prints of the preliminary plan along with other documents and supporting materials should be submitted at least 14 days prior to the regular meeting date of the planning commission. Applications, and supporting data for the preliminary plan will be distributed only to the commission members, its staff and necessary agencies involved in the review process.

(b)

Distribution. Copies of the preliminary subdivision plan shall be distributed by the administrative officer to all applicable public agencies for review and recommendations. The planning commission shall notify the subdivider of any conferences requested by any of these affected agencies which should be held prior to the planning commission acting on the preliminary plan; however, it shall be the responsibility of the subdivider to obtain all necessary permits or approvals from such agencies.

(c)

Fees. In order to defray some of the administrative cost involved in reviewing the preliminary and final plans, the subdivider shall, at the time of submission of a preliminary plan, pay a filing fee according to the following schedule:

(1)

Residential lots. Fifty dollars minimum, or $10.00 per lot, whichever is greater.

(2)

Nonresidential lots. Fifty dollars minimum, or $25.00 per acre, whichever is greater.

The fee is payable to the county and credited to the county's general fund.

(d)

Preliminary plan requirements. In order for the planning commission to properly review the preliminary plan, the following information shall be submitted. All preliminary plans shall be clearly and legibly drawn to a scale of not less than 200 feet to one inch, be on a sheet size of 24 inches by 36 inches or a size suitable to the register of deeds and marked "preliminary subdivision plan." Additional information submitted shall be as follows:

(1)

Name and address of owner(s) of record;

(2)

Proposed name of subdivision, date, north point and graphic scale;

(3)

Vicinity map with a scale of not less than one inch per 1,000 feet, showing location of subdivision, names and locations of all adjoining subdivisions, if any, and location and ownership of adjoining subdivided property;

(4)

Entire tract boundaries, including location of town limit line if adjacent to area to be subdivided, total acreage and areas, if any, to be developed in stages or phases;

(5)

Significant topographical features such as water or drainage courses;

(6)

Existing buildings, streets, including name, location, width of right-of-way and width of roadway, railroads, transmission lines, drainage pipes and ditches, easements, sewer and water lines, city limit lines, any public utility lines on/or adjacent, within 50 feet to the tract to be subdivided and floodplain areas;

(7)

Lot lines, lot line bearings, lot dimensions, lot sizes in square feet, lot and block numbers, and minimum building setback lines along street rights-of-way and rear and side property lines for entire tract and all phases of development;

(8)

All proposed development including street right-of-way widths, proposed street names, pavement widths, utility easements, ponds, etc., for the entire tract and all phases of development;

(9)

Proposed parks and playgrounds or other open spaces proposed by the subdivider and any such known projects by other agencies;

(10)

Existing and proposed covenants;

(11)

Proposed location of easements including widths, and types;

(12)

A soils overlay sheet;

(13)

Written requests with justifications for any and all variances the developer wishes the planning commission to consider;

(14)

Specific information on the nature and ownership of all roads that will provide access to the subdivision from DOT roads or streets.

(e)

Planning commission procedure.

(1)

The planning commission shall act on the preliminary development plan within 60 days after the next regular commission meeting following submission unless required conferences between the subdivider and other review agencies are not completed within that time frame. Failure of the planning commission to act within 60 days of the receipt of development plans or subdivision plats with all documentation required by the land development regulations is deemed to constitute approval and the developer must be issued a letter of approval and authorization to proceed based on the plans or plats and supporting documentation presented. The 60-day time limit may be extended by mutual agreement.

(2)

Action taken by the planning commission shall be at a scheduled public meeting and notice of the time and place of said meeting shall be sent by certified mail to the subdivider or developer whose name and address appears on or accompanies the preliminary plan. Such notice shall be sent not less than five days before the date for the meeting. If the preliminary plan is disapproved, the reasons for such action shall be stated in writing and signed by either the chairman of the planning commission or the administrative officer. The reasons for disapproval shall refer specifically to those parts of the regulations with which the plan does not' conform. One copy of the reasons shall be retained in the records of the commission, and one copy shall be given to the applicant. The subdivider or developer may resubmit the preliminary plan with all recommended changes by paying another subdivision fee.

(3)

If a request for one or more variances is received, the commission shall document its decisions concerning same in the manner required for documenting decisions concerning preliminary plans.

(4)

If the preliminary plan is found to conform to all of the requirements of this ordinance, approval shall be given by the planning commission and shall be noted in writing, either by the administrative officer on at least two copies of the preliminary plan. One copy shall be retained by the commission and one copy given to the subdivider or developer.

(5)

Approval of the preliminary plan does not constitute final approval. Preliminary plan approval shall only be authorization to a subdivider or developer to proceed with the preparation of the final preconstruction plans and shall not be construed as authorization for the sale of lots. Approval of the preliminary plan shall become void unless a final preconstruction plan is submitted for approval within one year of the date of said approval; provided, however, that the planning commission may waive this requirement and consent to an extension of time.

(f)

Certificate of approval. A certificate of approval of a preliminary plan by the planning commission shall be inscribed on the approved plan as follows:

"Pursuant to the Land Development Regulations of Orangeburg County, South Carolina, all the requirements of approval having been fulfilled, this preliminary plan was given approval by the County of Orangeburg planning commission on ____________ , 20 ____________ ."

This approval does not constitute approval of a final plan.

This certificate of approval shall expire and be null and void on ____________ , 20 ____________ ."

_____	_____
Date	Administrative Officer for Orangeburg County Planning Commission

 

(g)

Revocation of approval. The approval of a preliminary plan or any time extension thereof may be revoked upon written notice by the planning commission where the planning commission feels that a material change in conditions has occurred in the proposed subdivision including new information regarding the physical condition of the site of proposed public works which would adversely affect to a substantial degree the public health, safety or welfare.

(h)

Preliminary plan time limitation. A subdivider may, within one year from the date of approval of the preliminary plan submit a formal application for the approval of a final preconstruction plan specified below. If a subdivider does not submit a final preconstruction plan application within the one year and has not received an extension of time by the planning commission preliminary plan approval of the planning commission is void.

(i)

Preliminary plan time extension.

(1)

Before expiration of the allowed one-year period for filing a final preconstruction plan application, a subdivider or developer may request in writing an extension of time. Where the planning commission finds sufficient reason, it may grant one or two more six-month extensions. The decision to grant an extension shall be communicated to the subdivider in writing on or before the original expiration date.

(2)

When the planning commission has granted an extension of time, it must, prior to the review of the final preconstruction plan application, determine whether the conditions on which the approval of a preliminary plan was based have been substantially changed and if so, the planning commission shall require the necessary changes in the preliminary plan to reflect these changed conditions.

(j)

Small subdivision procedure. The planning commission may allow the administrative officer to review and approve a specified size subdivision or land development when the following conditions exist:

(1)

Contains no required new roads or changes to existing roads.

(2)

Resultant lots all have legal access.

(3)

Has no new drainage, water or sewer system.

(4)

Is no larger than ten acres in size and contains not more than five lots.

(k)

Exceptions to land development regulations. The following operations or uses do not constitute development for the purpose of this chapter; however, a plat of the transaction as indicated below may be required by the planning commission as a matter of record:

(1)

Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure, or decoration of the exterior of the structure.

(2)

The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling.

(3)

The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, or for other agricultural purposes.

(4)

A transfer of title to land not involving the division of land into parcels.

(5)

The division of land into parcels of five acres or more where no new streets are required to provide public access to two or more lots.

(6)

The division of land into parcels for conveyance to other persons through the provisions of a will or similar document, and in the settlement of an intestate estate.

(7)

The division of land into lots for the purpose of or transfer to members of one's own immediate family, where no new street is involved, is exempt from the standard submission and review procedures.

(8)

Any subdivision, construction, changes or improvements approved by the county or its delegated authorities prior to adoption of this chapter.

(9)

The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the governing authority.

(10)

The recordation of a plat of land or property for purposes other than the sale or transfer of title to land including:

a.

The creation or termination of mortgages, leases, or liens;

b.

Lot line corrections on existing recorded properties;

c.

The creation, termination or amendment of private covenants or restrictions on land;

d.

Property trades or swaps between immediately adjacent landowners not resulting in the creation of new parcels of record;

e.

Division of land for the purpose of sale or transfer to an immediately adjacent landowner for the sole purpose of enlarging the adjacent landowner's property and not resulting in the creation of new parcels.

f.

Utilities. Telephone, sewer and gas utilities, or electric suppliers, utilities and providers, whether publicly or privately owned, whose plans have been approved by the local governing body or a state or federal regulatory agency, or electric suppliers, utilities, and providers who are acting in accordance with a legislatively delegated right pursuant to Chapter 27 or 31 of Title 58 or Chapter 49 of Title 33 are exempt from this provision.

(l)

Approved plans containing public improvement projects. For a tract of land or right-of-way that has been selected for use by a governmental body or department or such body lies wholly or partially within an area to be subdivided and provided that such body or department has notified the planning commission of such official plans prior to or within 14 days after the presentation of the preliminary subdivision plan to the planning commission for approval, the subdivider or developer shall reserve the proposed site or right-of-way for a period of not more than 60 days from the date of approval of the preliminary plan in order to afford the agency involved the opportunity to act on the site or right-of-way as provided for in S.C. Code 1976, § 6-7-1210 et seq., as amended. Such reservation shall be stated as a condition of preliminary approval by the planning commission.

(Ord. No. 99-12-15, § 13.5-32, 12-20-1999)