South Carolina Code of Laws
Chapter 31 - South Carolina Local Government Development Agreement Act
Section 6-31-40. Developed property must contain certain number of acres of highland; permissible durations of agreements for differing amounts of highland content.

A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains twenty-five acres or more of highland. Development agreements involving property containing no more than two hundred fifty acres of highland shall be for a term not to exceed five years. Development agreements involving property containing one thousand acres or less of highland but more than two hundred fifty acres of highland shall be for a term not to exceed ten years. Development agreements involving property containing two thousand acres or less of highland but more than one thousand acres of highland shall be for a term not to exceed twenty years. Development agreements involving property containing more than two thousand acres and development agreements with a developer which is a redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, regardless of the number of acres of property involved, may be for such term as the local government and the developer shall elect.
HISTORY: 1993 Act No. 150, Section 1; 1994 Act No. 462, Section 4.

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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.