South Carolina Code of Laws
Chapter 31 - South Carolina Local Government Development Agreement Act
Section 6-31-60. What development agreement must provide; what it may provide; major modification requires public notice and hearing.

(A) A development agreement must include:
(1) a legal description of the property subject to the agreement and the names of its legal and equitable property owners;
(2) the duration of the agreement. However, the parties are not precluded from extending the termination date by mutual agreement or from entering into subsequent development agreements;
(3) the development uses permitted on the property, including population densities and building intensities and height;
(4) a description of public facilities that will service the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development;
(5) a description, where appropriate, of any reservation or dedication of land for public purposes and any provisions to protect environmentally sensitive property as may be required or permitted pursuant to laws in effect at the time of entering into the development agreement;
(6) a description of all local development permits approved or needed to be approved for the development of the property together with a statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction does not relieve the developer of the necessity of complying with the law governing the permitting requirements, conditions, terms, or restrictions;
(7) a finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations;
(8) a description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens; and
(9) a description, where appropriate, of any provisions for the preservation and restoration of historic structures.
(B) A development agreement may provide that the entire development or any phase of it be commenced or completed within a specified period of time. The development agreement must provide a development schedule including commencement dates and interim completion dates at no greater than five year intervals; provided, however, the failure to meet a commencement or completion date shall not, in and of itself, constitute a material breach of the development agreement pursuant to Section 6-31-90, but must be judged based upon the totality of the circumstances. The development agreement may include other defined performance standards to be met by the developer. If the developer requests a modification in the dates as set forth in the agreement and is able to demonstrate and establish that there is good cause to modify those dates, those dates must be modified by the local government. A major modification of the agreement may occur only after public notice and a public hearing by the local government.
(C) If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement.
(D) The development agreement also may cover any other matter not inconsistent with this chapter not prohibited by law.
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.