§ 154.03.04. PRELIMINARY PLAT.

(A)

Application procedure and requirements. Based upon the approval of the sketch plan, the applicant should file with the Administrative Official an application for approval of a preliminary plat. The application shall:

(1)

Be made on forms available at the office of the Administrative Official to the Planning Commission together with a fee as set forth in Article 13 [§ 154.13.01 et seq.] of these regulations.

(2)

Be accompanied by a minimum of eight (8) copies of the preliminary plat as described in these regulations.

(3)

Be accompanied by a minimum of eight (8) copies of the construction plans as described in these regulations.

(4)

Conform in all respects with the sketch plan as approved.

(B)

Approval of preliminary plat.

(1)

Upon determination by the Administrative Official that the preliminary plat conforms with the approved sketch plan, the Administrative Official shall submit an appropriate number of copies of the preliminary plat and construction plans to the following agencies for review and approval:

(a)

Administrative Official/Planning Commission (file copy);

(b)

Director of Engineering and Planning;

(c)

Director of Utilities;

(d)

Director of Parks, Streets, and Sanitation;

(e)

Appropriate soil and erosion control agency;

(f)

South Carolina Department of Health and Environmental Control;

(g)

Central Midlands Council of Governments;

(h)

County Assessor's office.

(2)

These reviewing agencies shall report their findings to the Planning Commission within thirty (30) days after receipt of preliminary plat. Upon receipt of reports from these reviewing agencies the Planning Commission shall give approval, approval with certain modifications, or disapproval of the preliminary plat, but in each case their action shall be taken within sixty (60) days after submission of the preliminary plat: otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Planning Commission on demand; provided, however, that the applicant for Planning Commission's approval may waive this requirement and consent in writing to an extension of such period. The grounds of disapproval of any preliminary plat shall be stated in the records of the Planning Commission.

(3)

It is expressly understood that the Planning Commission shall not act to override the requirements of other agencies or Town departments. It may, however, seek to bring agreement in case of conflicts between the various reviewing agencies, or a reviewing agency and the subdivider.

(4)

Any plat submitted to the Planning Commission shall contain the name and address of a person to whom notice of hearing may be sent: and no plat shall be acted upon by the Planning Commission without affording a hearing thereon, notice of time and place of which shall be sent by certified mail to said address not less than five (5) days before the date fixed therefor.

(5)

Any appeal to the circuit court or any request for prelitigation mediation must be filed with the Circuit Court within thirty (30) days after actual notice of the decision of the Planning Commission.

(6)

Approval of the preliminary plat shall be noted on the plat and certified by the Administrative Official to the Planning Commission on authorization by the Planning Commission. Also noted shall be the date on which the Planning Commission granted approval and the date of written notification to the subdivider or his authorized agent. Approval of a preliminary subdivision plot shall not constitute approval of the final subdivision plot. Application for approval of the final (record) plat will be considered only after the requirements for final plat approval as specified herein have been fulfilled and after all other specified conditions have been met. Upon approval of the preliminary subdivision plat by the Planning Commission, the subdivider may proceed with compliance of the other requirements of these regulations, construction of proposed improvements, and the preparation of the final subdivision plat.

(C)

Effective period of preliminary approval. The approval of preliminary plat shall be effective for a period of two (2) years at the end of which time final approval on the subdivision must have been obtained from the Planning Commission although the plat need not yet be signed and filed with the Registrar of Deeds. Any plat not receiving final approval within the period of time set forth therein shall be required to resubmit a new plat for preliminary approval subject to all new land development regulations.

(D)

Model homes. For the purpose of allowing the early construction of model homes in a subdivision, the Planning Commission at its discretion may permit a portion of a subdivision involving not more than two (2) lots to be created in accordance with the procedures for exempted subdivisions, provided said portion derives access from an existing city, county or state highway, and provided no future road or other improvement is anticipated where said lots are proposed. Subsequent to approval of exemption, the model may be constructed, subject to such additional requirements that the Planning Commission may require.

(Ord. 2005-24, § 2, passed 7-5-05)