South Carolina Code of Laws
Chapter 31 - South Carolina Local Government Development Agreement Act
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.

(A) Procedures established pursuant to Section 6-31-40 must include a provision for requiring periodic review by the zoning administrator, or, if the local government has no zoning administrator, by an appropriate officer of the local government, at least every twelve months, at which time the developer must be required to demonstrate good faith compliance with the terms of the development agreement.
(B) If, as a result of a periodic review, the local government finds and determines that the developer has committed a material breach of the terms or conditions of the agreement, the local government shall serve notice in writing, within a reasonable time after the periodic review, upon the developer setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination, and providing the developer a reasonable time in which to cure the material breach.
(C) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement; provided, that the local government has first given the developer the opportunity:
(1) to rebut the finding and determination; or
(2) to consent to amend the development agreement to meet the concerns of the local government with respect to the findings and determinations.
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.