(A) The governing body of a governmental entity begins the process for adoption of an ordinance imposing an impact fee by enacting a resolution directing the local planning commission to conduct the studies and to recommend an impact fee ordinance, developed in accordance with the requirements of this article. Under no circumstances may the governing body of a governmental entity impose an impact fee for any public facility which has been paid for entirely by the developer.

(B) Upon receipt of the resolution enacted pursuant to subsection (A), the local planning commission shall develop, within the time designated in the resolution, and make recommendations to the governmental entity for a capital improvements plan and impact fees by service unit. The local planning commission shall prepare and adopt its recommendations in the same manner and using the same procedures as those used for developing recommendations for a comprehensive plan as provided in Article 3, Chapter 29 of Title 6, except as otherwise provided in this article. The commission shall review and update the capital improvements plan and impact fees in the same manner and on the same review cycle as the governmental entity’s comprehensive plan or elements of it.

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Terms Used In South Carolina Code 6-1-950

  • Capital improvements: means improvements with a useful life of five years or more, by new construction or other action, which increase or increased the service capacity of a public facility. See South Carolina Code 6-1-920
  • Capital improvements plan: means a plan that identifies capital improvements for which development impact fees may be used as a funding source. See South Carolina Code 6-1-920
  • Developer: means an individual or corporation, partnership, or other entity undertaking development. 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
  • Local planning commission: means the entity created pursuant to Article 1, Chapter 29 of Title 6. See South Carolina Code 6-1-920
  • Service unit: means a standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements. See South Carolina Code 6-1-920
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