A governmental entity imposing an impact fee must provide in the impact fee ordinance the amount of impact fee due for each unit of development in a project for which an individual building permit or certificate of occupancy is issued. The governmental entity is bound by the amount of impact fee specified in the ordinance and may not charge higher or additional impact fees for the same purpose unless the number of service units increases or the scope of the development changes and the amount of additional impact fees is limited to the amount attributable to the additional service units or change in scope of the development. The impact fee ordinance must:

(1) include an explanation of the calculation of the impact fee, including an explanation of the factors considered pursuant to this article;

Terms Used In South Carolina Code 6-1-940

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Development permit: means a permit issued for construction on or development of land when no subsequent building permit issued pursuant to Chapter 9 of Title 6 is required. 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
  • Proportionate share: means that portion of the cost of system improvements determined pursuant to § 6-1-990 which reasonably relates to the service demands and needs of the project. See South Carolina Code 6-1-920
  • System improvement costs: means costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering, and other costs attributable to the improvements, and also including the costs of providing additional public facilities needed to serve new growth and development. 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

(2) specify the system improvements for which the impact fee is intended to be used;

(3) inform the developer that he may pay a project’s proportionate share of system improvement costs by payment of impact fees according to the fee schedule as full and complete payment of the developer’s proportionate share of system improvements costs;

(4) inform the fee payor that:

(a) he may negotiate and contract for facilities or services with the governmental entity in lieu of the development impact fee as defined in § 6-1-1050;

(b) he has the right of appeal, as provided in § 6-1-1030;

(c) the impact fee must be paid no earlier than the time of issuance of the building permit or issuance of a development permit if no building permit is required.

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