South Carolina Code of Laws
Chapter 31 - South Carolina Local Government Development Agreement Act
Section 6-31-110. Validity and duration of agreement entered into prior to incorporation or annexation of affected area; subsequent modification or suspension by municipality.

(A) Except as otherwise provided in Section 6-31-130 and subject to the provisions of Section 6-31-140, if a newly-incorporated municipality or newly-annexed area comprises territory that was formerly unincorporated, any development agreement entered into by a local government before the effective date of the incorporation or annexation remains valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The parties to the development agreement and the municipality may agree that the development agreement remains valid for more than eight years; provided, that the longer period may not exceed fifteen years from the effective date of the incorporation or annexation. The parties to the development agreement and the municipality have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the unincorporated territory of the county.
(B) After incorporation or annexation the municipality may modify or suspend the provisions of the development agreement if the municipality determines that the failure of the municipality to do so would place the residents of the territory subject to the development agreement, or the residents of the municipality, or both, in a condition dangerous to their health or safety, or both.
(C) This section applies to any development agreement which meets all of the following:
(1) the application for the development agreement is submitted to the local government operating within the unincorporated territory before the date that the first signature was affixed to the petition for incorporation or annexation or the adoption of an annexation resolution pursuant to Chapter 1 or 3 of Title 5; and
(2) the local government operating within the unincorporated territory enters into the development agreement with the developer before the date of the election on the question of incorporation or annexation, or, in the case of an annexation without an election before the date that the municipality orders the annexation.
HISTORY: 1993 Act No. 150, Section 1.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 6 - Local Government - Provisions Applicable to Special Purpose Districts and Other Political Subdivisions

Chapter 31 - South Carolina Local Government Development Agreement Act

Section 6-31-10. Short title; legislative findings and intent; authorization for development agreements; provisions are supplemental to those extant.

Section 6-31-20. Definitions.

Section 6-31-30. Local governments authorized to enter into development agreements; approval of county or municipal governing body required.

Section 6-31-40. Developed property must contain certain number of acres of highland; permissible durations of agreements for differing amounts of highland content.

Section 6-31-50. Public hearings; notice and publication.

Section 6-31-60. What development agreement must provide; what it may provide; major modification requires public notice and hearing.

Section 6-31-70. Agreement and development must be consistent with local government comprehensive plan and land development regulations.

Section 6-31-80. Law in effect at time of agreement governs development; exceptions.

Section 6-31-90. Periodic review to assess compliance with agreement; material breach by developer; notice of breach; cure of breach or modification or termination of agreement.

Section 6-31-100. Amendment or cancellation of development agreement by mutual consent of parties or successors in interest.

Section 6-31-110. Validity and duration of agreement entered into prior to incorporation or annexation of affected area; subsequent modification or suspension by municipality.

Section 6-31-120. Developer to record agreement within fourteen days; burdens and benefits inure to successors in interest.

Section 6-31-130. Agreement to be modified or suspended to comply with later-enacted state or federal laws or regulations.

Section 6-31-140. Rights, duties, and privileges of gas and electricity suppliers, and of municipalities with respect to providing same, not affected; no extraterritorial powers.

Section 6-31-145. Applicability to local government of constitutional and statutory procedures for approval of debt.

Section 6-31-150. Invalidity of all or part of Section 6-31-140 invalidates chapter.

Section 6-31-160. Agreement may not contravene or supersede building, housing, electrical, plumbing, or gas code; compliance with such code if subsequently enacted.