Surety If the developer defaults in installing required site improvements, the local government can use the proceeds of the surety bond (or certified check or other surety

instrument) posted by the developer to install the required improvements. S.C. Code § 6-29-1180.

Penalties for Violation

Submitting an unapproved subdivision plat or land development plan for filing or

recording is a misdemeanor. A conviction is punishable as provided by law. S.C.Code § 6-29- 1140. The land developer, register of deeds or clerk of court would violate the law by

recording an unapproved plat or land development plan. The local government or an

affected private party also may request a court to enjoin the unlawful recording. S.C. Code § 6-29-1160.

A transfer of title to property when the required plan or plat approval and recording have not been accomplished also is a misdemeanor punishable in the discretion of the court. A description by metes and bounds in the instrument of transfer or other document used in the process of transfer does not exempt the transaction from these penalties. The local

government also may request a court to enjoin the transfer. S.C. Code § 6-29-1190. Administration

The planning commission administers land development regulations adopted by the local governing body. The land development regulations must include a specific procedure for the submission of plans and plats and for approval or disapproval by the planning commission or designated staff. The procedures may include requirements for submission of sketch plans, preliminary plans and final plans for review and approval or disapproval. S.C. Code §

6-29-1150(A). The planning commission rules may delegate to staff some plat review and approval functions. S.C. Code § 6-29-1150(C).

Plat and Plan Approval

Land development regulations must include time limits, not to exceed 60 days, for approving or disapproving land development plans or plats. Unless the time limit is

extended by mutual agreement, failure to act within 60 days of receipt of a completed plan or plat constitutes approval. A letter must be issued to the developer approving the plans or plats and supporting documentation and authorizing him to proceed. S.C. Code §

6-29-1150(A).

Record of Actions and Notification

A record of all actions approving or disapproving plats and plans must be kept as a public record. The record must include the grounds for approval or disapproval and any conditions attached to the action taken. Written notice of the actions taken must be provided to the developer. S.C. Code § 6-29-1150(B).

Appeals

If the planning staff is the designated approving authority, any “party in interest” may appeal a staff action to the planning commission. The planning commission must act on the

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appeal within 60 days. S.C.Code § 6-29-1150(C). If the planning commission is the designated approving authority, appeal is to circuit court. S.C.Code § 6-29-1150(D).

An appeal from a planning commission decision must be filed with the circuit court within 30 days after actual notice of the decision. S.C.Code § 6-29-1150(D). Prior to

amendments to the Act in 2003, the Act did not specify (as it did for the BZA and board of architectural review) the further procedures for an appeal from a planning commission decision on land development regulations to the circuit court. The 2003 amendments concerning appeals from the planning commission only added essentially the same new appeal procedures as were added in 2003 for the BZA and board of architectural review.

A property owner whose land is the subject of a decision of the planning commission has the option to file with the circuit court either a written appeal petition or a notice of appeal accompanied by a request for pre-litigation mediation. A notice of appeal accompanied by a mediation request must be filed within 30 days after the decision of the planning commission is mailed (rather than within 30 days after “actual notice” of the decision which is the time limit for filing an appeal petition with the court from a decision of the commission). S.C.Code § 6-29-1150(D)(2).

The procedure for pre-litigation mediation of a planning commission decision mirrors that for pre-litigation mediation of appeals from the BZA and from the board of architectural review. S.C.Code § 6-29-1170. (See the discussion of pre-litigation mediation in Chapters 2 and 3).

The 2003 amendments to the Act also added a provision on mode of trial for an appeal from a planning commission decision to the circuit court. S.C. Code § 6-29-1150(D)(4). The provision is nearly identical to the corresponding provision for appeals from the BZA and board of architectural review. It provides for a jury trial on any issue beyond the subject matter of the planning commission, such as a determination of the amount of damages due for an unconstitutional taking.

The portion of the Act on land development regulation (Article 7) does not contain express provisions, comparable to those for the BZA and board of architectural review,

concerning such things as remand to the administrative official, contents of the final decision, content requirements of the appeal petition filed in circuit court, transcript on appeal, and standard of review by the court on appeal. In Kurschner v. City of Camden Planning

Commission, 376 S.C. 165, 656 S.E.2d 346 (2008), the state supreme court held that a planning commission‟s denial of an application for subdividing property was subject to the same “any evidence to support” standard of review applicable to court review of decisions by zoning boards of appeals under S.C. Code § 6-29-840.

Dedication and Acceptance of Streets or Property

Land development regulations may require dedication or reservation of land for streets, school sites, recreation areas, utility easements, and other public services and facilities. S.C. Code § 6-29-1130(A). However, the approval of a land development plan or subdivision plat

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does not automatically constitute acceptance by the local government of the dedication of any street, easement or other property shown on the approved plan or plat. Acceptance of the dedication requires action of the local governing body. S.C. Code § 6-29-1170.

The land development ordinance or other local ordinance should establish the procedure and action of the governing body to be taken before the street, easement or other property is accepted as public property.

Street Names

The planning commission is responsible for approving the name of a street or road laid out within the territory over which the commission has jurisdiction. S.C.Code § 6-29-1200. A person laying out a new street or road is guilty of a misdemeanor if he shows an unapproved street name on a plat, street marker or deed.

After reasonable notice in a general circulation newspaper in the community, the local planning commission may change the name of an existing street or road within its

jurisdiction. The commission can make the change:

1. when there is duplication of names or other conditions which tend to confuse the traveling public or the delivery of mail, orders or messages;

2. when it finds that a change may simplify marking or giving of directions to persons seeking to locate addresses; or

3. upon any other good and just reason that may appear to the commission.

After reasonable opportunity for a public hearing, the planning commission issues its certificate designating the change. The certificate must be recorded in the office of the register of deeds or clerk of court. The changed and certified name then becomes the legal name of the street. S.C. Code § 6-29-1200.

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