Terms Used In South Carolina Code 6-1-1050

  • Developer: means an individual or corporation, partnership, or other entity undertaking development. See South Carolina Code 6-1-920
  • Development: means construction or installation of a new building or structure, or a change in use of a building or structure, any of which creates additional demand and need for public facilities. See South Carolina Code 6-1-920
  • Fee payor: means the individual or legal entity that pays or is required to pay a development impact fee. See South Carolina Code 6-1-920
  • Governmental entity: means a county, as provided in Chapter 9 of Title 4, and a municipality, as defined in § 5-1-20. See South Carolina Code 6-1-920
  • impact fee: means a payment of money imposed as a condition of development approval to pay a proportionate share of the cost of system improvements needed to serve the people utilizing the improvements. See South Carolina Code 6-1-920
  • Project: means a particular development on an identified parcel of land. See South Carolina Code 6-1-920
  • System improvements: means capital improvements to public facilities which are designed to provide service to a service area. See South Carolina Code 6-1-920
A fee payor and developer may enter into an agreement with a governmental entity, including an agreement entered into pursuant to the South Carolina Local Government Development Agreement Act, providing for payments instead of impact fees for facilities or services. That agreement may provide for the construction or installation of system improvements by the fee payor or developer and for credits or reimbursements for costs incurred by a fee payor or developer including interproject transfers of credits or reimbursement for project improvements which are used or shared by more than one development project. An impact fee may not be imposed on a fee payor or developer who has entered into an agreement as described in this section.
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