South Carolina Code 6-31-80. Law in effect at time of agreement governs development; exceptions
(B) Subject to the provisions of § 6-31-140, a local government may apply subsequently adopted laws to a development that is subject to a development agreement only if the local government has held a public hearing and determined:
Terms Used In South Carolina Code 6-31-80
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Developer: means a person, including a governmental agency or redevelopment authority created pursuant to the provisions of the Military Facilities Redevelopment Law, who intends to undertake any development and who has a legal or equitable interest in the property to be developed. See South Carolina Code 6-31-20
- Development: means the planning for or carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the dividing of land into three or more parcels. See South Carolina Code 6-31-20
- Laws: means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, policies and rules adopted by a local government affecting the development of property and includes laws governing permitted uses of the property, governing density, and governing design, improvement, and construction standards and specifications, except as provided in § 6-31-140 (A). See South Carolina Code 6-31-20
- Local government: means any county, municipality, special district, or governmental entity of the State, county, municipality, or region established pursuant to law which exercises regulatory authority over, and grants development permits for land development or which provides public facilities. See South Carolina Code 6-31-20
- Property: means all real property subject to land use regulation by a local government and includes the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as a part of real property. See South Carolina Code 6-31-20
(1) the laws are not in conflict with the laws governing the development agreement and do not prevent the development set forth in the development agreement;
(2) they are essential to the public health, safety, or welfare and the laws expressly state that they apply to a development that is subject to a development agreement;
(3) the laws are specifically anticipated and provided for in the development agreement;
(4) the local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement which changes, if not addressed by the local government, would pose a serious threat to the public health, safety, or welfare; or
(5) the development agreement is based on substantially and materially inaccurate information supplied by the developer.
(C) This section does not abrogate any rights preserved by § 6-31-140 herein or that may vest pursuant to common law or otherwise in the absence of a development agreement.