Charleston, SC A meeting of Charleston County Council … Chairman asked Ms. Johnson to assist with the presentation regarding the ... and these Gullah-Geechee influences have helped

July 18, 2017 Charleston, SC

A meeting of Charleston County Council was held on the 18th day of July, 2017, in the Beverly T. Craven Council Chambers, Second Floor of the Lonnie Hamilton, III Public Services Building, located at 4045 Bridge View Drive, North Charleston, South Carolina. Present at the meeting were the following members of Council: A. Victor Rawl, Chairman, who presided, Anna Johnson, Brantley Moody, Teddie Pryor, Herbert R. Sass, III, Dickie Schweers and Elliott Summey. Messrs. Darby and Qualey were absent. County Administrator Jennifer Miller and County Administrator Joe Dawson were also present. Rev. Robert Reid gave the invocation and Mr. Moody led the pledge to the flag. The Clerk reported that in compliance with the Freedom of Information Act, notice of meetings and agendas were furnished to the news media and persons requesting notification. Mr. Summey moved approval of the Minutes of May 23, 25, and June 1, 2017, seconded by Mr. Pryor, and carried. The Chairman announced that the next item was recognitions and resolutions. Mr. Summey moved approval of recognitions and resolutions, seconded by Mr. Pryor, and carried. The Chairman asked Ms. Johnson to assist with the presentation regarding the 2017 SC Historic Preservation Award. Ms. Johnson stated that Charleston County Council was pleased to recognize the Charleston County Zoning and Planning Department, which was honored during a ceremony at the State House on Friday, June 16, 2017, for receiving the Preservation Service Award for the 2016 Charleston County Historic Architectural Survey Update. In 2015, the department was awarded a Federal Historic Preservation Grant from the National Park Service to fund an update to the Charleston County Historical and Architectural Survey (last conducted in 1992). The department formed a subcommittee to assist with a survey update to preserve the local community by documenting more than 1300 resources, focusing on the historical significance of African American communities in the unincorporated areas of Charleston County. She pointed out that at the ceremony in June, the awards were presented by Governor Henry McMaster and were sponsored by the Office of the Governor, the South Carolina Archives and History Foundation, the South Carolina Department of Archives and History, and The Palmetto Trust for Historic Preservation. A resolution proclaiming July 29-August 6, 2017, Gullah-Geechee Nation Appreciation Week was presented to Sharon Marion, who was attending the meeting on behalf of Queen Quet, Chieftess of the Gullah-Geechee Nation. The resolution is as follows:

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A RESOLUTION OF CHARLESTON COUNTY COUNCIL

Proclaiming the Week of July 29 – August 6, 2017 as Gullah-Geechee Nation Appreciation Week

WHEREAS, Charleston County is one of the oldest counties in South Carolina, and in the 18th century, Charleston County and the South Carolina coast became the locale of some of the richest rice plantations in the South, which were linked to specific West African ethnic groups who became known as Gullah-Geechee; and, WHEREAS, the Gullah-Geechee civilization, originated in West Africa, its people coming to the United States as slaves to work on rice plantations, specifically in the coastal regions, including South Carolina; and with their African fare, original language, and craftsmanship, the Gullah-Geechee people left their mark on southeastern South Carolina, and, WHEREAS, the Gullah-Geechee culture has had a powerful impact on the Low Country of South Carolina, including Charleston County, and these Gullah-Geechee influences have helped to define our southern lifestyle and culture; and, WHEREAS, the preservation and celebration of the Gullah-Geechee culture has gained momentum due to the Gullah-Geechee Cultural Heritage Act, created by United States Representative James Clyburn, as well as the efforts of others such as Queen Quet, Chieftess of the Gullah-Geechee Nation, and Kwame Sha, co-founders of the International Gullah-Geechee Nation Celebration and the annual Gullah-Geechee Nation Music & Movement Festival; and, WHEREAS, it is appropriate to recognize the importance of bringing awareness and appreciation for this rich culture and history in order to increase understanding of all the contributions the Gullah-Geechee have given to our area. NOW THEREFORE BE IT RESOLVED that CHARLESTON COUNTY COUNCIL does hereby recognize the 2017 Gullah-Geechee Nation International Music & Movement Festival and proclaim the week of July 29-August 6, 2017 as

GULLAH-GEECHEE NATION APPRECIATION WEEK in Charleston County and encourages its citizens to participate in educational activities aimed at increasing both knowledge and appreciation of this rich culture.

CHARLESTON COUNTY COUNCIL

A. Victor Rawl, Chairman

July 18, 2017

An ordinance approving ZLDR amendments regarding requests for postponement was given third reading by title only.

AN ORDINANCE AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 3, DEVELOPMENT REVIEW PROCEDURES REGARDING REQUESTS FOR POSTPONEMENTS. WHEREAS, the South Carolina Local Government Comprehensive Planning

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Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

By: ____________________________________

A. Victor Rawl

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Chairman of Charleston County Council ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council First Reading: June 6, 2017 Second Reading: June 20, 2017 Third Reading: July 18, 2017

EXHIBIT “A”

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 3, DEVELOPMENT REVIEW PROCEDURES. Chapter 3, Design Review Procedures, Section 3.1.12 (E-F) E. Requests for Postponements of Applications, Reconsiderations of Applications, and Reconsiderations of Conditions of Approval to the Board of Zoning Appeals Requests for postponements of applications from Board of Zoning Appeals Public Hearings must be made in writing by the applicant. Such requests received after advertisement of any public hearing or after any postings on the subject property shall be subject to all applicable fees as listed in the fee schedule approved by County Council. An application is deemed withdrawn if it is postponed for more than one (1) year from the date it was scheduled to be heard. If an application is deemed withdrawn, the applicant must submit a new application in compliance with Section 3.1.4, Application Completeness and Submission Deadlines, of this Ordinance, and all applicable fees must be paid. For requests for reconsiderations of applications or reconsiderations of conditions of approval to the Board of Zoning Appeals the applicant must file a reconsideration request. If the BZA decides to reconsider an application or conditions of approval, the applicant shall file the applicable Appeal, Special Exception, or Zoning Variance application fee prior to being scheduled for a BZA Public Hearing. F. Requests for Postponements of Applications to the Planning Commission Requests for postponements of all applications from Planning Commission meetings, with the exception of subdivision applications, must be made in writing and the letter must be signed by both the property owner(s) and the applicant(s). Postponement requests received within ten (10) calendar days of the Planning Commission meeting for which the application is scheduled shall be considered withdrawn. An application that is postponed for more than one (1) year from the date it was scheduled to be heard is deemed withdrawn. If an application is deemed withdrawn, the applicant must submit a new application in compliance with Section 3.1.4, Application Completeness and Submission Deadlines, of this Ordinance, and all applicable fees must be paid. The Planning Commission may waive the required fees when the request for postponement is made due to extenuating circumstances as determined in the sole discretion of the Planning Commission.

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The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding ingress/egress requirements was given third reading by title only.

AN ORDINANCE

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 3, DEVELOPMENT REVIEW PROCEDURES; CHAPTER 8, SUBDIVISION REGULATIONS; AND APPENDIX A TO ADD REQUIREMENTS FOR INSPECTIONS OF EASEMENTS AND PRIVATE RIGHTS-OF WAY. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and

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C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

By: ____________________________________

A. Victor Rawl Chairman of Charleston County Council ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council First Reading: June 6, 2017 Second Reading: June 20, 2017 Third Reading: July 18, 2017

EXHIBIT “A”

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 3, DEVELOPMENT REVIEW PROCEDURES; CHAPTER 8, SUBDIVISION REGULATIONS; AND APPENDIX A. §3.8.3, Application Filing Applications for Zoning Permits shall be filed with the Planning Director on forms available in the Planning Department. Zoning Permit applications shall include the following information:

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A. For all new construction or changes in building footprint, applications shall include a site plan drawn to engineer's scale that shows proper dimensions, dimensions and locations of all existing and all proposed: structures and accessories; setbacks; driveways; access(es) to public rights-of-way; private rights-of-way and/or ingress/egress easements; public easements that exist on the property; and wetlands/OCRM Critical Line, if applicable; B. Applications shall include an approved, recorded plat indicating new County Parcel ID Number or if an approved, recorded plat is not available, the application shall include a Charleston County Parcel Boundary Map showing the subject parcel, surrounding properties, and County Parcel ID Number; C. Proposed construction, including accessory uses and structures, if occurring on more than one abutting lot of record, shall not be placed on property lines and must meet all setback requirements; D. Applications shall include paid receipt(s) from local providers for public water and/or sewer, or a letter from the utility company stating the fee(s) have been paid. If water and/or sewer service is not available, a well and/or septic tank permit final approval from SC DHEC shall be required; E. Applications shall include an approved tree survey showing Grand trees (24” DBH or greater, except pine trees) in the footprint, or within 20 feet, of any proposed construction as required by this Ordinance unless the applicant provides a signed statement indicating no protected trees will be affected; F. For all structures requiring a new address (e.g., new building construction, power poles, irrigation systems, or accessory structures with electrical service), written address confirmation must be obtained from the Planning Department. A site plan showing the location of all proposed and all existing: structure(s); access(es) to public rights-of-way; private rights-of-way and/or ingress/egress easements; and public easements that exist on the property, is required for address confirmation; and G. Commercial, Multifamily, Office, Industrial and other nonresidential uses require Site Plan Review approval prior to an application for a Zoning Permit. H. The requirements listed below apply to all Zoning Permit applications for new construction of structures, with the exception of additions/renovations to existing structures that are legally permitted and new construction of accessory structures, located on properties which access from an existing or proposed ingress/egress easement or private right-of-way as shown on an approved, recorded plat. a. Prior to issuance of Zoning Permits for land development activities other than construction of ingress/egress easements or private rights-of-way and installation of required street signs, all ingress/egress easements and private rights-of-way shall be: constructed in the location shown on the approved, recorded plat; constructed to comply with the International Fire Code, as adopted by County Council, from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and inspected pursuant to Section A.2.7 of this Ordinance.

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b. The Director of the Zoning and Planning Department may allow use of a portion of an ingress/egress easement or private right-of-way that was constructed prior to [DATE of ADOPTION of this ORDINANCE] that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the ingress/egress easement or private right-of-way to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the ingress/egress easement or private right-of-way; and (3) all future portions of the ingress/egress easement or private right-of-way comply with the International Fire Code. c. The landowner/developer shall submit construction plans to the Public Works Department demonstrating compliance with the requirements of this Ordinance. d. If any portion of an ingress/egress easement or private right-of-way was constructed prior to submittal of Zoning Permit applications for development of any parcel(s) that use the ingress/egress easement or private right-of-way for access, the landowner/developer shall submit documentation to the Public Works Department to verify that the previously constructed ingress/egress easement or private right-of-way exists in the location shown on the approved, recorded plat and shall coordinate with the Public Works Department to have the ingress/egress easement, private right-of-way, and any required street signs inspected prior to submittal of applications for Zoning Permits. If any portion of an ingress/egress easement or private right-of-way was not constructed in the location shown on the approved, recorded plat, a new plat showing the existing location of the ingress/egress easement or private right-of-way must be submitted to the Zoning and Planning Department for approval and recording pursuant to Chapter 8, Subdivision Regulations, of this Ordinance, and the inspection process described above shall apply. Alternatively, the ingress/egress easement or private right-of-way may be constructed in the location shown on the approved, recorded plat that exists at the time of development plan submittal. Any portion(s) of the ingress/egress easement or private right-of-way that has not been constructed as required by this Ordinance must comply with the applicable sections of this Ordinance. e. Upon approval of roadway and/or drainage construction plans by the Public Works Department, the landowner/developer may submit a Zoning Permit application for construction of the ingress/egress easement, private right-of-way, and/or drainage, as well as installation of required street signs, if applicable, to the Zoning and Planning Department. The landowner/developer must submit written documentation of the approval of the roadway construction plans by the Public Works Department as part of the Zoning Permit application submittal. f. Upon issuance of a Zoning Permit for construction of the ingress/egress easement, private right-of-way, and/or drainage, as well as for installation of required street signs, such work may commence. Upon completion, the landowner/developer must coordinate with the Public Works Department to have the roadway and/or drainage construction inspected pursuant to Section A.2.7 of this Ordinance. g. No other Zoning Permits shall be issued for the property until the ingress/egress easement, private right-of-way, and/or drainage, and any required street signs, have been inspected and approved by the Public Works Department pursuant to Section A.2.7 of this

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Ordinance. After the County inspection and approval, the landowner/developer may submit a Zoning Permit application(s) for subsequent land development activities to the Zoning and Planning Department. The landowner/developer must submit written documentation of the approval of the roadway and/or drainage inspection by the Public Works Department as part of the first Zoning Permit application submittal following approval of the roadway construction inspection. §8.5.2.B, Accompanying Data 4. Should the Landowner/Developer decide to utilize Article A.2, Private Road Standards, of Appendix A, the following notes shall be placed on the plat: a. Any future subdivision of this parcel, or road construction or extension of the existing roads shown hereon shall require compliance with the Charleston County Ordinances. Before Charleston County will consider acceptance of any dedication of roads into the County road system, the property owner(s) shall construct the roads to County of Charleston Road Construction Standards; b. It is hereby expressly understood by the property owner, developer or any subsequent purchaser of any lots shown on the plat that the County of Charleston is not responsible for the maintenance of the streets, roads, common areas, drainage systems and any other municipal services which include, but are not limited to, garbage disposal, public sewage, fire protection or emergency medical service; c. Be aware that the County of Charleston is not responsible for drainage and flooding problems relevant to the real property, and that emergency vehicles may have difficulty accessing the property; d. No public funds shall be used for the maintenance of the roads shown on the plat; and e. This approval in no way obligates the County of Charleston to maintain the 50 foot right-of-way until it has been constructed to County standards and accepted for maintenance by Charleston County Council. f. Existing and proposed ingress/egress easements and/or private rights-of-way that provide access to the lots created by this plat must be constructed, inspected, and approved in compliance with the Charleston County Zoning and Land Development Regulations Ordinance in the location shown on this plat and shall be constructed from their point of connection to an existing publicly owned and maintained right-of-way to the lot(s) proposed for development prior to the issuance of Zoning Permits for new construction of structures, with the exception of additions/renovations to existing structures that are legally permitted and new construction of accessory structures. In addition, street signs on named ingress/egress easements and private rights-of-way shall be installed and inspected in compliance with the Charleston County Zoning and Land Development Regulations Ordinance. §8.7.3, Access A. Double-frontage lots shall be avoided except where essential to provide separation of residential development from major roadways or to overcome specific

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disadvantages of topography and orientation. An easement with a minimum width of ten feet may be required to restrict access from the major street or other area. B. All lots shall be provided with a means of access in conformance with the standards and specifications of this Ordinance. C. All flag lots, cul-de-sac lots and privately accessed lots shall comply with the International Fire Code, as adopted by County Council. D. All ingress/egress easements and private rights-of-way shall be: constructed in the location shown on the approved, recorded plat; constructed to comply with the International Fire Code, as adopted by County Council, from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and inspected pursuant to Section A.2.7 of this Ordinance. E. The Director of the Zoning and Planning Department may allow use of a portion of an ingress/egress easement or private right-of-way that was constructed prior to [DATE of ADOPTION of this ORDINANCE] that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the ingress/egress easement or private right-of-way to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the ingress/egress easement or private right-of-way; and (3) all future portions of the ingress/egress easement or private right-of-way comply with the International Fire Code. §8.11.2, Street Signs Installation and maintenance of street signs on private roads or easements are the responsibility of the applicant, developer, Home Owners Association, or property owners in accordance with the Charleston County Road Construction Standards in Appendix A of this Ordinance, MUTCD Standards, and with Chapter 4; and Article VII of the Charleston County Code of Ordinances, as amended. Street signs for named ingress/egress easements and private rights-of-way shall be installed and inspected pursuant to Section A.2.7 of this Ordinance. A.2, Private Road Standards §A.2.2 INGRESS/EGRESS EASEMENT (Maximum of 10 Lots) ADDITIONAL LANDOWNER/DEVELOPER RESPONSIBILITIES: The location of proposed ingress/egress easement(s) shall be clearly depicted and labeled on submitted plats or plans. All ingress/egress easements must comply with the applicable requirements of this Ordinance including, but not limited to, the requirements contained in sub-sections a and b below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction. a. Prior to issuance of Zoning Permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of

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required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all ingress/egress easements shall be:

i. Constructed in the location shown on the approved, recorded plat; ii. Constructed to comply with the International Fire Code, as adopted by County Council,

from their point of connection to an existing publicly owned and maintained right-of-way to lot(s) proposed for development; and

iii. Inspected pursuant to Section A.2.7 of this Ordinance. b. The Directors of the Zoning and Planning Department may allow use of a portion of an ingress/egress easement that was constructed prior to [DATE of ADOPTION of this ORDINANCE] that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the ingress/egress easement to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the ingress/egress easement; and (3) all future portions of the ingress/egress easement comply with the International Fire Code. §A.2.3 PRIVATE RIGHT-OF-WAY DEDICATED TO A HOA WITH NO ROAD CONSTRUCTION REQUIRED (Maximum of 10 Lots) ADDITIONAL LANDOWNER/DEVELOPER RESPONSIBILITIES: All rights-of-way shall be clearly depicted on submitted plats or plans. The landowner/developer is responsible for determining the construction suitability and the accessibility of the defined right-of-way, provided, however, that all private rights-of-way must comply with the applicable requirements of this Ordinance, including, but not limited to, the requirements contained in sub-sections a and b below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction. a. Prior to issuance of Zoning Permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all private rights-of-way shall be:

i. Constructed in the location shown on the approved, recorded plat; ii. Constructed to comply with the International Fire Code, as adopted by County Council,


iii. Inspected pursuant to Section A.2.7 of this Ordinance. b. The Directors of the Zoning and Planning Department may allow use of a portion of a private right-of-way that was constructed prior to [DATE of ADOPTION of this ORDINANCE] that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the private right-of-way to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the

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private right-of-way; and (3) all future portions of the private right-of-way comply with the International Fire Code. §A.2.4 PRIVATE RIGHT-OF-WAY CONSTRUCTED AND DEDICATED TO A HOA ADDITIONAL LANDOWNER/DEVELOPER RESPONSIBILITIES: The landowner/developer shall determine the location and size of rights-of-way to be provided and the standards for the design and construction of the roadway and drainage systems, provided that all private rights-of-way comply with the applicable requirements of this Ordinance including, but not limited to, the requirements contained in sub-sections a and b below. The landowner/developer shall secure the necessary licensed, professional personnel to prepare designs, obtain required approvals and permits, and oversee construction. a. Prior to issuance of Zoning Permits for land development activities other than construction of ingress/egress easements and private rights-of-way, installation of required street signs, additions/renovations to existing structures that are legally permitted, and new construction of accessory structures, all private rights-of-way shall be:

i.Constructed in the location shown on the approved, recorded plat; ii.Constructed to comply with the International Fire Code, as adopted by County Council,


iii.Inspected pursuant to Section A.2.7 of this Ordinance. b. The Directors of the Zoning and Planning Department may allow use of a portion of a private right-of-way that was constructed prior to [DATE of ADOPTION of this ORDINANCE] that cannot comply with the width clearance requirements of the International Fire Code when: (1) the Director determines that moving the private right-of-way to a different location is not possible due to site constraints, property size, Grand Trees, wetlands, etc.; (2) the applicant submits letters from the providers of emergency services for the subject properties stating they can access all properties utilizing the private right-of-way and (3) all future portions of the private right-of-way comply with the International Fire Code. §A.2.5 DESIGN PROFESSIONAL RESPONSIBILITY The design professional-of-record must be currently registered to practice in the State of South Carolina. §A.2.6 CONSTRUCTION PLAN SUBMISSION Roadway and/or drainage construction plans, and subsequent plan revisions, shall be submitted to the Public Works Department prior to submittal of Zoning Permit applications for land development activities other than additions/renovations to existing structures that are legally permitted and new construction of accessory structures. Such plans shall be submitted to the Public Works Department prior to Zoning Permit applications for construction of ingress/egress easements or private rights-of-way and installation of required street signs. The submission shall include three sets of the construction plans and specifications, and a copy of all required regulatory permits.

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Once the Public Works Department approves the roadway and/or drainage construction plans, the landowner/developer may submit a Zoning Permit application(s) for construction of the ingress/egress easement, private right-of-way, and/or drainage and installation of required street signs. No other Zoning Permits (other than Zoning Permits for additions/renovations to existing structures that are legally permitted and new construction of accessory structures) shall be issued for the property until the ingress/egress easement, private right-of-way, and/or drainage, as well as the installation of required street signs, have been inspected and approved by the Public Works Department pursuant to Section A.2.7 of this Ordinance. §A.2.7 COUNTY INSPECTION All roadway and drainage work shall be inspected by the Public Works Director for compliance with the submitted plans and specifications prior to the issuance of Zoning Permits for land development activities other than: construction of ingress/egress easements or private rights-of-way; installation of required street signs; additions/renovations to existing structures that are legally permitted; and new construction of accessory structures. The inspections will be performed to: provide construction documentation; review ingress/egress easements and private rights-of-way construction according to the International Fire Code, as adopted by County Council; ensure that ingress/egress easements, private rights-of-way, and drainage, have been constructed in compliance with this Ordinance; and, if applicable, to ensure street signs have been installed in the correct locations and are in compliance with applicable County ordinances. After the required County inspection and approval, the landowner/developer may submit Zoning Permit application(s) for subsequent land development activities. The landowner/developer shall give a one-week notice prior to beginning work at the site. After the initial notice, a 24-hour notice shall be given prior to beginning each operation (or continuing an operation when the work has been disrupted for more than one work-day). The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding bona fide forestry was given third reading by title only.

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AN ORDINANCE

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS REGARDING BONA FIDE FORESTRY OPERATIONS. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by

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County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

By: ____________________________________ A. Victor Rawl Chairman of Charleston County Council ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council First Reading: June 6, 2017 Second Reading: June 20, 2017 Third Reading: July 18, 2017

EXHIBIT “A”

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS. §6.4.23 BONA FIDE FORESTRY OPERATIONS Charleston County hereby adopts the processes and procedures outlined in S.C Code § 48-23-205 et. seq. (1976, as amended). The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding landscaping and horticultural services was given third reading by title only.

AN ORDINANCE

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE

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REGULATIONS TO CLARIFY THE REQUIREMENTS FOR LANDSCAPING AND HORTICULTURAL SERVICES. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

-17- July 18, 2017


-18- July 18, 2017

EXHIBIT “A”

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS. §6.4.48 SERVICES TO BUILDING OR DWELLINGS B. Landscaping and Horticultural Services 1. Landscaping and Horticultural Services located in the CN and CT Zoning Districts shall, in addition to the requirement to comply with the Special Exception (S) provisions contained in the Ordinance, comply with the following conditions: a. Any structure or structures used for landscaping services shall have a maximum floor area of 5,000 square feet; b. All landscaping service uses shall comply with the Site Plan Review requirements of this Ordinance; c. The maximum number of employees shall be limited to 15, including employees dispatched from the site and seasonal employees; d. The hours of operation shall not exceed Monday through Friday, 7:00am to 7:00pm; e. The subject property shall be a minimum of 3 acres in size; f. There shall be direct access to a public arterial street; g. A minimum twenty-five (25) foot landscape buffer and a minimum six (6) foot high opaque wooden fence within the landscape buffer shall be required adjacent to residential uses and Zoning Districts; and h. The number of parking spaces required shall include the number of employees and the number of company vehicles and trailers to be utilized in conjunction with this use. 2. Landscaping and Horticultural Services located in the RM, AG-15, AG-10, AG-8, and CR Zoning Districts shall comply with the following conditions: a. Any structure or structures used for landscaping services shall have a maximum floor area of 5,000 square feet; otherwise, this use shall fall under the Special Exception provisions of this Ordinance; b. All landscaping service uses shall comply with the Site Plan Review requirements of this Ordinance; c. The subject property shall be a minimum of 5 acres in size if zoned RM, AG-15, AG-10, or AG-8 or a minimum of 3 acres in size if zoned CR;

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d. There shall be direct access to a public arterial street; e. A minimum twenty-five (25) foot landscape buffer and a minimum six (6) foot high opaque wooden fence within the landscape buffer shall be required adjacent to residential uses and Zoning Districts; and f. The number of parking spaces required shall include the number of employees and the number of company vehicles and trailers to be utilized in conjunction with this use. The Chairman called for a roll call vote on third reading of the ordinance. The roll was

called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding communication towers was given third reading by title only.

AN ORDINANCE

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS TO REPLACE THE TERM STEALTH TOWER WITH ANTENNAE CONCEALMENT TOWER. WHEREAS, the South Carolina Local Government Comprehensive Planning

TABLE 6.1-1

ZONING DISTRICTS

Condition R

M

AG 15

AG 10

AG 8

AGR

RR3

S3

R4

M8

M 12

MHS

MHP

OR

OG

CN

CR CT

CC

I

AGRICULTURAL USES

RETAIL OR PERSONAL SERVICES

Landscaping and Horticultural Services to commercial, industrial, or institutional buildings, and residences

C C C C S C S A A § 6.4.48

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Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

By: ____________________________________

A. Victor Rawl

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Chairman of Charleston County Council ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council First Reading: June 6, 2017 Second Reading: June 20, 2017 Third Reading: July 18, 2017

EXHIBIT “A” AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS. §6.4.5 COMMUNICATIONS TOWERS A. Purpose and Legislative Intent The Federal Telecommunications Act of 1996 affirmed Charleston County’s authority concerning the placement, construction and modification of Wireless Telecommunications Facilities. The regulations of this Section are designed to site communications towers in Charleston County. It is the intent of these regulations to allow for the harmonious coexistence of communications towers and other land uses. It is also the intent of these regulations to reduce the overall negative impact of communications towers by: 1. Reducing the number of towers needed through a policy of encouraging co-location; and 2. If co-location is not feasible, encouraging the following: a. The use of Antennae Concealment Tower Design, as defined in Section 6.4.5.C.1; b. The clustering of towers (“tower farms”); c. The placement of towers away from roadways; d. The provision of effective screening; and e. The location of communications equipment on existing structures or within existing utility substations or uses. B. Co-Location Exemption Proposed communications equipment co-locating on existing towers and structures without adding to their height shall require only a Zoning Permit and shall not be subject to the requirements of this Section. C. Antennae Concealment Tower Provision

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1. For the purposes of this Section, the term “Antennae Concealment Tower” shall mean a communications tower designed to unobtrusively blend into its existing surrounding so as not to have the appearance of a communications tower. Examples of Antennae Concealment Towers include, but are not limited to, antenna tower alternative structures, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing or proposed trees and landscaping, and antenna structures designed to look like light poles. 2. All proposed Antennae Concealment Tower designs must be approved by the Planning Director. 3. A complete zoning permit application for an Antennae Concealment Tower that meets all requirements of this Ordinance shall be approved. D. Tower Abandonment A tower that is not used for communication purposes for more than 120 days (with no new application on file for any communication user) is presumed to be out of service and the owner of such tower must notify the staff and remove the tower within 50 days. Towers which are not maintained by the owner according to the County Building Code shall be removed by the owner within 60 days. To assure the removal of towers which do not meet requirements for continued use or proper maintenance, a statement of financial responsibility shall be submitted for each tower over 100 feet and a performance bond for the amount of anticipated removal costs shall be posted for each tower over 150 feet. Removal costs shall be charged to the tower owner. The bond must be renewed as necessary to ensure that it is maintained at all times during the existence of the tower. E. Pre-Application Meeting Prior to submitting a formal application for a Zoning Permit for Communications Tower the applicant is required to attend one or more pre-application meetings. The purpose of the pre-application meeting is to address key issues which will help to expedite the review and permitting process. The Planning Director may conduct a site visit at the pre-application meeting. F. Zoning Permit Submittal Requirements Prior to Zoning Permit approval, all applications for Communications Towers shall complete the Site Plan Review process as provided in Chapter 3 of this Ordinance. In addition to any Site Plan Review requirements, the application must contain the following items: 1. A site plan, drawn to engineer's scale, showing the location of the tower guy anchors (if any), existing or proposed buildings and structures or improvements, including parking, driveways or access roads, fences, and protected and Grand Trees affected by the proposed construction. If there are no Grand Trees affected, a surveyor's statement on the Site Plan must be shown. Adjacent land uses shall also be noted on the site plan, with precise measurements noted between the proposed tower and any residential structures on surrounding properties. 2. The Site Plan must show a vegetated buffer, either existing or installed, that provides an effective screen from public rights-of-way and adjacent property owners. If a

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buffer is to be installed, its placement on the site will vary in order to provide the most effective screening from public view. Required materials will be based on installation of a 25’ buffer around the fenced area. 3. The height and typical design of the tower, typical materials to be used, color, and lighting shall be shown on elevation drawings. The applicant shall submit documentation justifying the total height of any Communications Towers, facility and/or antenna and the basis therefore. Additionally, color and material samples shall be provided. 4. The tower must be located no closer to a residential structure than a distance equal to 1 ½ feet for each 1 foot in height of the proposed tower plus 50 feet as measured from the center of the proposed tower. At a minimum, there must be a 150-foot distance between the proposed tower and a residential structure. 5. A 6 foot non-climbable fence must be placed around the tower (except for those designed in a manner compatible with Section 6.4.5.A.2, Antennae Concealment Exemption) and any associated building. Guy wires may be fenced separately. 6. The proposed tower shall only be illuminated as required by the Federal Communications Commission or Federal Aviation Administration. Nighttime strobe lighting shall not be incorporated unless required by the Federal Communications Commission or Federal Aviation Administration. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting that shall be as unobtrusive and inoffensive as permissible under State and Federal regulations, and an artist’s rendering or other visual representation showing the effect of light emanating from the site on neighboring habitable structures within fifteen-hundred (1,500) feet of all property lines of the parcel on which the Communications Towers are located. 7. Communications Towers shall contain a sign no larger than four (4) square feet to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. No other signage, including advertising, shall be permitted on any facilities, Antennas, Antenna supporting structures or Antenna Towers, unless required by law. 8. The proposed tower must be located such that adequate setbacks are provided on all sides to prevent the tower's fall zone from encroaching onto adjoining properties. The fall zone shall be determined by an engineer certified by the State of South Carolina in a letter which includes the engineer's signature and seal. 9. Proposed towers may not be located within 1,000 feet of the center of an existing tower unless the applicant certifies that the existing tower does not meet the applicant's structural specifications and the applicant's technical design requirements, or that a co-location agreement could not be obtained at a reasonable market rate. In the event of the above situation, the clustering of new towers on the same parcel near existing towers is permitted. 10. A copy of the tower's search ring.

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11. The Applicant shall supply the FAA study number for the proposed tower. 12. For the purposes of co-location review and review of efforts at siting a tower on the same lot near an existing tower, the applicant shall submit satisfactory written evidence such as correspondence, agreements, contracts, etc., that alternative towers, buildings, or other structures are not available or suitable for use within the applicant’s tower site search area that are structurally capable of supporting the intended antenna or meeting the applicant’s necessary height criteria, providing a location free of interference from other communication towers, or available at the prevailing market rate (as determined by staff communication with persons doing business within the industry). Additionally, the applicant shall build the proposed tower in such a manner as may allow other telecommunication users to co-locate. 13. The tower shall be designed with excess capacity for future needs. 14. A statement of financial responsibility shall be submitted for each tower over 100 feet and a performance bond for the amount of anticipated removal costs shall be posted for each tower over 150 feet. The bond must be renewed as necessary to ensure that it is maintained at all times during the existence of the tower. 15. The applicant shall furnish a Visual Impact Assessment which shall include: a. A “Zone Visibility Map” which shall be provided in order to determine locations where the Tower may be seen. b. Pictorial representations of “before and after” view from key viewpoints both inside and outside the County, including but not limited to major highways and roads; state and local parks; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. c. An assessment of the visual impact of the tower base, guy wires and accessory buildings from abutting and adjacent properties and streets. G. Retention of Expert Assistance and Reimbursement by Applicant 1. The County may hire any consultant and/or expert necessary to assist the County in reviewing and evaluating the application, including the construction and modification of the site, once permitted, and any requests for recertification. 2. For towers proposed to be 100 feet or higher, the applicant shall deposit with the County funds sufficient to reimburse the County for all reasonable costs of the consultant and expert evaluation and consultation to the County in connection with the review of any application including the construction and modification of the site, once permitted. The initial deposit shall be $5,000.00. The application will not be processed until receipt of this initial deposit. The County will maintain a separate account for all such funds. The County’s consultants/experts shall invoice the County for all its services in reviewing the application, including the construction and modification the site, once permitted. If at any time during the process this account has a balance less than $1,000.00, the applicant shall immediately, upon

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notification by the County, replenish said account so that it has a balance of at least $5,000.00. Such additional account funds shall be deposited with the County before any further action or consideration is taken on the application. In the event that the amount held in the account by the County is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. The applicant shall not be entitled to receive any interest earnings on unused funds. 3. The total amount of the funds needed as set forth in subsection 2 of this Section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification. 4. Additional fees may be required if additional hearings before the board of Zoning Appeals are caused by or requested by the applicant. H. Surrounding Property Owner Notification 1. In order to better inform the public, in the case of a new Communications Towers, the applicant shall hold a “balloon test” as follows: the applicant shall arrange to fly, or raise upon a temporary mast, a minimum of three (3) foot diameter brightly colored balloon at the maximum height of the proposed new tower. The dates (including a second date, in case of poor visibility on the initial date) shall be provided to the Planning Director ten (10) days after receipt of the complete application notice. The dates shall be set a minimum of fifteen (15) days prior to the Planning Director making a final decision on the Zoning Permit. The balloons shall be flown for ten (10) consecutive hours between 8:00 a.m. and 6:00 p.m. 2. Once the application is deemed complete by the Planning Director for a Communications Tower Zoning Permit, the Planning Department shall provide Parties in Interest, Neighbor, Posted and Newspaper Notice in accordance with the requirements of Section 3.1.6 of this Ordinance. The public notice shall include the dates of the balloon tests as provided by the applicant and the date the Planning Director must make a final decision on the Zoning Permit. I. Time Limit for Staff Review Upon receipt of an application deemed complete by the Planning Director for a Communications Tower Zoning Permit, the Planning Director shall have a maximum of 45 days to act on the application. The 45 days begins from the date the applicant is sent written notice of a complete application from the Planning Director. Failure to act on the application within 45 days will result in the applicant being granted a Zoning Permit. J. Zoning Permit Approval Criteria 1. A complete zoning permit application for an Antennae Concealment Tower that meets all requirements of this Ordinance shall be approved. 2. Upon review of a complete application, no Zoning Permit shall be issued for a communications tower until the Planning Director determines that the proposed tower complies with the following criteria and standards:

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a. That the location and height of the proposed tower will not substantially impact the character of property listed in or eligible for the National Register of Historic Places, other significant environmental, cultural or historical sites, officially designated scenic roads or rivers, and that the tower is designed to blend into the environment and minimize visual impact. b. If a completely new tower is necessary, the applicant must provide written proof of attempts at co-location and siting a tower on the same lot near an existing tower were proven not feasible or practical. c. That the applicant has pursued any available publicly owned sites and privately owned sites occupied by a compatible use, and if not utilized, that these sites are unsuitable for operation of the facility under applicable communications regulations and the applicant's technical design requirements. d. Staff shall review and approve the color and materials to be used for the proposed tower. 3. If the Planning Director finds a proposed communications tower will have a substantially negative impact on a surrounding area or adjoining property, the use shall fall under the Special Exception (S) provisions of this Ordinance. In determining whether the use shall fall under the Special Exception (S) provisions, the Planning Director may consider one or more of the following items: a. The proposed use will be detrimental to adjacent land uses including historical sites; b. The proposed use will have a negative aesthetic visual impact; c. The proposed use will have an adverse affect on the environment (not including radio frequency emissions); and d. The proposed use is contrary to the public health, safety or welfare. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval.

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An ordinance approving ZLDR amendments regarding requirements for specialized manufacturing was given third reading by title only.

AN ORDINANCE

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS REGARDING SPECIALIZED MANUFACTURING REQUIREMENTS. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent

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jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL


“EXHIBIT A”

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS. §6.4.57 MANUFACTURING AND PRODUCTION A. The following conditions shall apply to all Zoning Districts subject to conditions (C): 1. All activities related to the specialized manufacturing use shall be confined to a structure that is entirely enclosed; and 2. All specialized manufacturing uses shall comply with the Site Plan Review requirements of this Ordinance. B. The following additional conditions shall only apply to the CR, CT, and CC Zoning Districts: 1. A structure or structures used for specialized manufacturing shall have a maximum floor area of 5,000 square feet; otherwise, this use shall fall under the Special Exception provisions of this Ordinance; 2. Specialized manufacturing shall have no more than ten (10) employees, otherwise this use shall fall under the Special Exception provisions of this Ordinance; and 3. On-site retail sales are limited to 25% of the gross receipts and 15% of

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the floor area. C. The following additional conditions shall only apply to the AG-10, AG-8, and AGR Zoning Districts: 1. A structure or structures used for specialized manufacturing shall have a maximum floor area of 2,000; however, an expansion to a maximum floor area of 5,000 square feet may be approved by the Board of Zoning Appeals under the Special Exception provisions of this Ordinance; 2. Specialized manufacturing shall have no more than ten (10) employees; and 3. On-site retail sales are prohibited. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding special events uses was given third reading by title only.

AN ORDINANCE

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS IN REGARDS TO SPECIAL EVENTS. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the

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Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

By: ____________________________________ A. Victor Rawl Chairman of Charleston County Council ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council

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First Reading: June 6, 2017 Second Reading: June 20, 2017 Third Reading: July 18, 2017

“exhibit A” AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 6, USE REGULATIONS. Table 6.1-1, Use Table

TABLE 6.1-1 ZONING DISTRICTS

Condition

RM AG 15

AG 10

AG 8

AGR RR 3

S3 R4 M8 M12 MHS MHP OR OG CN CR CT CC I

Special Events C C C C C Art. 6.7

ARTICLE 6.7 SPECIAL EVENTS USE

§6.7.1 PURPOSE The intent of this Article is to provide regulations that guide the use of unincorporated properties for the purpose of hosting Special Events of varying sizes and functions, while protecting the surrounding community. The regulations of this Article shall apply in conjunction with any other standards contained within this Ordinance. §6.7.2 PRIVATE SPECIAL EVENTS The following are exempt from the requirements of this Article: private parties and gatherings that do not meet the definition of “special event,” as defined in this Ordinance, auctions of private real estate, and estate auctions. §6.7.3 TEMPORARY SPECIAL EVENTS Temporary public assembly use and Special Events, such as cultural events, outdoor concerts and parking for Special Events, shall require a Temporary Special Events Permit from the Planning Director. Such permit shall not be issued for periods in excess of ten (10) consecutive days, and no more than five (5) such permits may be issued per lot, per calendar year, except as otherwise limited by this Article. The requirements of Section 6.7.5 shall apply in addition to the requirements of this Section. Any Temporary Special Event utilizing 25 acres of land area or more shall require Special Exception approval in accordance with the procedures contained in Chapter 3 of this Ordinance. Temporary Special Events Permits may be issued only if adequate parking and sanitary facilities are provided to serve the proposed use or activity and the site can safely support the proposed activity. The following information is required to be submitted with applications for Temporary Special Events Permits (in addition to the required fee): A. A detailed Letter of Intent describing the purpose of the event indicating date(s)

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and time(s), anticipated number of participants, and whether alcohol will be served and if amplified sound (music or other amplified noise) will be utilized; B. A legible site plan drawn to scale indicating vehicular traffic areas (parking, driveways, circulation etc.), gathering areas, restroom and vendor locations, and locations of existing and planned structures to be used as part of the event; C. Letters of coordination from Fire, Police, and Emergency Medical Services and Building Inspection Services if applicable; D. Documentation of Charleston County Business license issuance for the host and participating vendors and copy of valid Department of Revenue license if alcohol will be sold; E. Documentation from pertinent service providers for restroom facilities and garbage collection; and F. Other pertinent information as deemed necessary by the Planning Director. The following requirements shall, in addition to all other applicable requirements of this Ordinance, apply to property located in the Agricultural and Residential Zoning Districts: A. A maximum of five (5) Temporary Special Events Permits may be issued per lot, per calendar year, and each permit shall be valid for a maximum of three (3) consecutive days; B. Each Temporary Special Events Permit shall only be valid for a single special event. Multiple Special Events within the same three (3) day time period shall require separate Temporary Special Events Permits; C. Daily event attendance in the AG-15, AGR, RR-3, S-3, R-4, M-8, M-12, MHS, and MHP Zoning Districts shall be limited to 500; D. Daily event attendance in the RM, AG-10, and AG-8 Zoning Districts shall be limited to 2,000; and E. The maximum number of Temporary Special Events Permits allowed per calendar year and/or maximum daily attendance may only be increased if the requirements listed below, as well as all other applicable requirements of this Ordinance, are met and the request is approved in accordance with the Special Exception Procedures contained in this Ordinance. If approved by the Board of Zoning Appeals, the approval is only valid for one (1) calendar year from the date of Zoning Permit issuance. 1. Application. a. Compliance with Article 3.7, Site Plan Review, and Article 3.6, Special Exceptions, of this Ordinance is required, provided, however, that the approval criteria contained in this Article shall apply instead of the approval criteria contained in Section 3.6.5. b. All applications must be signed by the property owner or designated agent. c. Letters of coordination from the following agencies shall be submitted during Site Plan Review: S.C. Department of Health and Environmental Control (SCDHEC), Charleston County Sheriff’s Department, the Charleston County Building Inspections Department, Charleston County Emergency Medical Services (EMS), the appropriate Fire Service provider for the subject property, and a designated solid waste collection/disposal

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company or a letter indicating a private method of waste collection/disposal. 2. Requirements. a. The subject property or properties shall contain a minimum of ten (10) combined acres of highland area and must border a public Arterial Street, as defined in this Ordinance; b. There shall be direct access to a public Arterial Street, as defined in this Ordinance; c. No more than twenty-five (25) events shall be allowed per calendar year; d. Daily attendance shall not exceed 5,000; e. All structures shall comply with the requirements of this Ordinance, including but not limited to, the density, intensity, and dimensional standards and accessory structure requirements; f. All parking shall be contained on the subject property or on a contiguous property. A recorded, parking agreement shall be required if temporary off-street parking is provided on a parcel other than the subject property. At no time shall associated event parking be allowed in a public or private right-of-way or access easement; g. The maximum occupancy of an individual permanent structure shall comply with the occupancy standards of the Charleston County Building Code; h. All events shall adhere to the Charleston County Noise Regulations and all other applicable Charleston County ordinances; i. All existing or proposed structures shall retain a residential or agricultural character; j. A one hundred foot (100’) Type F Buffer shall be required around the perimeter of the property; k. Special Events shall not begin before 10 am and shall end by 10 pm; and l. The applicant must hold at least one (1) community workshop prior to the submittal of the Special Exception application and written documentation of the community workshop(s) must be submitted. Written documentation may include, but is not limited to, sign-in sheets, meeting summaries, memos and/or letters from the applicant describing the meeting(s), etc. The purpose of the workshop(s) is to ensure early citizen participation in an informal forum, in conjunction with the development applications and to provide an applicant the opportunity to understand and try to mitigate any impacts an application may have on an affected community. A community workshop is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors. 3. Special Exception Approval Criteria The approval criteria contained in this Article shall apply instead of the approval criteria contained in Section 3.6.5 of this Ordinance. Applications may be approved only if the

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Board of Zoning Appeals finds that the proposed use: a. Is compatible with existing uses in the vicinity and will not adversely affect the general welfare or character of the immediate community; b. Does not hinder or endanger vehicular traffic and pedestrian movement on adjacent roads; c. Includes adequate provisions for items such as: setbacks and buffering (including fences and/or landscaping) to protect adjacent properties from the possible adverse influence of the proposed use, such as noise, vibration, dust glare, odor, traffic congestion and similar factors; d. Where applicable, will be developed in a way that will preserve and incorporate any important natural features; e. The setup and disassembly of Special Events will not be detrimental to the surrounding community; f. Includes sufficient safeguards for the use of temporary structures, if applicable; g. Complies with all applicable rules, regulations, laws and standards of this Ordinance, including but not limited to any use conditions, zoning district standards, or Site Plan Review requirements of this Ordinance; and h. Is consistent with the recommendations contained in the Charleston County Comprehensive Plan and the character of the underlying zoning district “Purpose and Intent”. If approved by the Board of Zoning Appeals, the approval is only valid for one (1) calendar year from the date of Zoning Permit issuance. In granting a Special Exception, the Board of Zoning Appeals may attach to it such conditions regarding the location, character, or other features of the proposed building or structure as the Board may consider advisable to protect established property values in the surrounding area or to promote the public health, safety, or general welfare. Additionally, the Board of Zoning Appeals may require additional conditions of approval including, but not limited to: event days and hours, the number of events per calendar year, limitations on outdoor activities, parking, buffers, and use and location of temporary structures. If the proposed use is approved by the BZA, the Zoning/Planning Department shall provide written notification to the following agencies, as applicable: S.C. Department of Health and Environmental Control (SCDHEC), Charleston County Sheriff’s Department, the Charleston County Building Inspections Department, Charleston County Emergency Medical Services (EMS), and the appropriate Fire Service provider for the subject property. §6.7.4 SPECIAL EVENTS ESTABLISHED AS PRINCIPAL USES IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS A. Special Events in Commercial and Industrial Zoning Districts shall

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comply with the requirements of Section 6.7.5 and the following: 1. The establishment of a new Special Events principal use in the CN, CT, CR, CC, and I Zoning Districts shall comply with the requirements of Article 3.7, Site Plan Review, of this Ordinance. §6.7.5 OUTDOOR SPECIAL EVENTS (PRINCIPAL USES AND TEMPORARY SPECIAL EVENTS) A. With the exception of Special Events at federal, state, and county parks and legally established fairgrounds, any accessory, outdoor special event consistent with the definition of “special event,” as defined in this Ordinance, must comply with §6.7.3 and a Zoning Permit shall be required. B. Any outdoor special event activity as defined by this Ordinance, whether an accessory to an existing business, or on vacant undeveloped property, which is located within 500 feet of the property line of a residentially developed parcel, shall cease all music and all loud noise that is above seventy (70) db(A) no later than 11:00 p.m.; otherwise, this use shall require Special Exception approval consistent with this Article. Distances shall be measured from the site of the special event activity on the subject property to the nearest property line of a lot containing a residential use. Noise levels shall be measured anywhere within the boundary line of the nearest residentially occupied property. C. All outdoor special event activities will be subject to the County’s livability and/or noise ordinance. §6.7.6 INDOOR SPECIAL EVENTS A Zoning Permit shall not be required when hosting an indoor special event in legally established businesses in commercial and industrial zoning districts and public facilities or civic facilities such as: hotels/motels, convention centers; social lodge; assembly halls; religious facilities; fairgrounds; federal, state, and county parks, and similar facilities legally established and authorized to hold Special Events. §6.7.7 ZONING PERMIT A Zoning Permit shall be required prior to commencing Special Events and shall be maintained for the duration of the Special Events use, following Site Plan Review and Special Exception approval, as applicable. Additionally, a valid, Charleston County Business License is required following zoning permit approval. §6.7.8 LAPSE OF APPROVAL A valid Charleston County Business License must be maintained for a principal Special Events use. If this Business License is not renewed annually or is discontinued, for any reason, for a period of at least six (6) consecutive months, then the use shall be considered abandoned. Once abandoned, the Special Exception approval and the Zoning Permit for the Special Events use shall be deemed null and void. Renewal of the Special Events use shall require the approval of the Board of Zoning Appeals (BZA) and compliance with the regulations of this Ordinance. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows:

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Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding final plat requirements was given third reading by title only.

AN ORDINANCE AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 8, SUBDIVISION REGULATIONS TO CLARIFY REQUIREMENTS RELATING TO THE RECORDING OF DEEDS AND PLATS. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council.

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NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL


EXHIBIT “A”

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 8, SUBDIVISION REGULATIONS. §8.1.3 EXEMPTIONS A. Procedures The following shall be exempt from the Subdivision Plat Procedures, if the Planning

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Director determines that all engineering and survey standards of this Ordinance have been met: 1. The combination or re-combination of portions of previously platted lots where the total number of lots is not increased. When the plat is finalized, it shall be submitted to the Planning Director for recording. New deeds must be recorded simultaneously with plats when (1) the ownership of the previously platted lots is changing and/or (2) the simultaneous recording of deeds and plats is otherwise required by this Ordinance. 2. The public acquisition of land for right-of-way or drainage easements or any lot or parcel created therefrom. 3. Contiguous properties that are to be divided for the purpose of exchanging or trading parcels of land. When the plat is finalized, it shall be submitted to the Planning Director for recording. New deeds must be recorded simultaneously with plats when (1) the ownership of the previously platted lots is changing and/or (2) the simultaneous recording of deeds and plats is otherwise required by this Ordinance. §8.5.5 RECORDING Approved Final Plats shall be recorded by the Planning Director with the Register of Mesne Conveyance within 30 days of final approval. New deeds must be recorded simultaneously with plats when (1) the ownership of the previously platted lots is changing and/or (2) the simultaneous recording of deeds and plats is otherwise required by this Ordinance. Notice to the applicant shall be sent within a reasonable time following the date of the recording with the Register of Mesne Conveyance. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding water and sewer availability was given third reading by title only.

AN ORDINANCE

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 8, SUBDIVISION REGULATIONS, AND CHAPTER 12, DEFINITIONS TO CLARIFY REQUIREMENTS FOR WATER AND SEWER AVAILABILITY.

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WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

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EXHIBIT “A”

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 8, SUBDIVISION REGULATIONS, AND CHAPTER 12, DEFINITIONS. §8.3.1 MINOR SUBDIVISION H. Lots of Record, Approved located within any 208 Water Quality Management Designation within the Urban/Suburban Area of the County: 1. A maximum of four (4) lots may be subdivided from a Lot of Record, Approved (“Approved Lot”) without installing additional sewer lateral connection(s), provided that the development complies with all other requirements of this Ordinance, when public water and/or sewer lateral lines are provided to the Approved Lot, and the Approved Lot is located within a 208 Water Quality Management Designation area within the Urban/Suburban Area of the County. 2. The property owner(s) shall sign a Certification Statement that there are no physical lateral connections provided to the new lot being created. The Certification shall be placed on the subdivision plat and signed by each property owner. 3. The following Certification Statement shall be placed on the plat and signed by the property owner(s): “The property owner(s) of record hereby acknowledge(s) that the surveyed parcel has not been served by a lateral connection of public water/sewer lines. Recordation of this plat shall not be an implied or expressed consent of Charleston County and/or the public provider of the water and/or sewer or other omitted public improvement that the lot or other land divisions shown here on are capable of being serviced by on-site waste water disposal or public water/sewer systems.” Property Owner(s) Signature:______________________________ Date: ________________________________________________ Lot Description: __________________________________________

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4. At the time of seeking a zoning or building permit the property owner(s) shall supply a document of certification from the Public provider that public water and sewer lateral connections are provided to the lot. 5. All lots created will comply with the density/intensity and dimensional standards for lots without public sewer/water, as there is no guarantee that these public improvements will be available. ARTICLE 8.13 WATER SUPPLY AND SEWAGE DISPOSAL In accordance with South Carolina Department of Health and Environmental Control (DHEC) regulations, all subdivisions of proposed new lots shall be served by approved water and sewer systems. For the purpose of Article 8.13, a wastewater and/or water treatment facility connection is required when the wastewater and/or water treatment service provider indicates through their sewer/water availability letter(s) that these services are available and the proposed lot(s) are granted permission to connect to the existing sewer/water system by means of a sewer/water Utility Service Lateral connection to each lot(s). If the wastewater and/or water treatment service provider indicates through their sewer/water availability letter(s) that these services are only available by having Sewer/water Mains extended, then these services are considered not available. If not available, the applicant must either make these services available by extending the water/sewer main(s) apply to the South Carolina Department of Health and Environmental Control (SC DHEC) for individual on-site wastewater and/or well system(s) for each lot(s). Where annexations are necessary for connection to a treatment facility, the wastewater/water service shall be considered not available. Where a party would have to obtain an easement to cross adjacent property for connection to a treatment facility, the wastewater/water service shall be considered not available. A. If water/sewer service is available, as defined above, at or prior to final plat approval, the applicant must provide documentation from the water and/or sewer service provider that ensures the requirements of the provider have been met for each proposed lot(s). If sewer/water utility service is required and the proposed subdivision contains four (4) or fewer lots, the applicant may obtain final plat approval by complying with Section 8.3.1.H of this Ordinance. B. If water/sewer service is not available, as defined above, prior to final plat approval, the applicant must provide documentation from SC DHEC that ensures all new lots have met minimum soil requirements for the installation of an individual on-site wastewater and/or well system. If SC DHEC indicates that a sewer/water connection is required for the proposed lot(s), the applicant must make the service available by complying with all requirements of the applicable sewer/water provider and submitting documentation from the water and/or sewer service provider that ensures the requirements of the provider have been met prior to final plat approval. This provision shall not be interpreted to require that subdivisions be annexed in order to obtain public water or sewer service. All new lots created are to have a means of wastewater disposal, either by individual wastewater systems (septic system approved by SC DHEC) or physical sewer utility service lateral connection(s) installed. New lots may be created without a means of wastewater disposal, provided that they comply with the provisions of Section 8.3.1.G, Non-Buildable Lots, or Section 8.3.1.H Lots of Record,

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Approved located within any 208 Water Quality Management Designation within the Urban/Suburban Area of the County of this Ordinance. Add the following definitions to Chapter 12:

Utility Service Lateral/Service Connection: The portion of pipe which runs from the customer’s property line to the main sewer line, and which receives sewage from the "customer’s service line".

Service Connection/Utility Service Lateral: The portion of pipe which runs from the customer’s property line to the main sewer line, and which receives sewage from the "customer’s service line".

Sewer or Sewer Main: A primary pipe or conduit for carrying sewage, which excludes building sewers, building drains, utility service laterals, and customer service links; may be a gravity or pressurized force main, owned, operated, and maintained by the provider. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding flood zone requirements was given third reading by title only.

AN ORDINANCE AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 8, SUBDIVISION REGULATIONS TO REQUIRE FLOOD ZONE INFORMATION ON PRELIMINARY AND FINAL PLATS. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the

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Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

By: ____________________________________

A. Victor Rawl Chairman of Charleston County Council ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council First Reading: June 6, 2017

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Second Reading: June 20, 2017 Third Reading: July 18, 2017

EXHIBIT “A” AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 8, SUBDIVISION REGULATIONS. Add the following item to the list of required information to be shown on Preliminary Plats (as indicated in Section 8.4.2.A.4): q. A statement indicating the flood zone(s), valid as of the date of approval of the preliminary plat. Add the following item to the list of required information to be shown on Final Plats (as indicated in Section 8.5.2.B): 15. A statement indicating the flood zone(s), valid as of the date of approval of the final plat. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding the minimum requirement for Army Corps of Engineers coordination was given third reading by title only.

AN ORDINANCE

AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 8, SUBDIVISION REGULATIONS TO REMOVE THE REQUIREMENT FOR LETTERS OF COORDINATION FROM THE US ARMY CORPS OF ENGINEERS. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general

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welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council. NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL

By: ____________________________________ A. Victor Rawl Chairman of Charleston County Council

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ATTEST: By: ____________________________ Beverly T. Craven Clerk to Charleston County Council First Reading: June 6, 2017 Second Reading: June 20, 2017 Third Reading: July 18, 2017

EXHIBIT “A” AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 8, SUBDIVISION REGULATIONS. Article 8.4, Preliminary Plats, Section 8.4.2.A, Application Requirements 8.4.2.A.4.j. A United States Army Corps of Engineers (USACE) jurisdictional determination is not required for approval of a subdivision plat application except that an Accurate-Approved jurisdictional determination is required for areas located within proposed publicly dedicated rights-of-way and/or easements prior to Preliminary Plat approval. When a USACE jurisdictional determination for the entire property is not provided as part of the subdivision application, the following notes shall be placed on the plat:

i.The United States Army Corps of Engineers has not made a determination of the presence or absence of wetlands and/or water of the United States on this property/these properties as of the date of approval/recording of this plat.

ii.Charleston County may require a jurisdictional determination by the United States Army Corps of Engineers on this property/these properties prior to the issuance of zoning permits for land development activities. Article 8.5, Final Plats, Section 8.5.2.B, Application Requirements 8.5.2.B.9 A United States Army Corps of Engineers (USACE) jurisdictional determination is not required for approval of a subdivision plat application except that an Accurate-Approved jurisdictional determination is required for areas located within proposed publicly dedicated rights-of-way and/or easements prior to Final Plat approval. When a USACE jurisdictional determination for the entire property is not provided as part of the subdivision application, the following notes shall be placed on the plat:

i.The United States Army Corps of Engineers has not made a determination of the presence or absence of wetlands and/or water of the United States on this property/these properties as of the date of approval/recording of this plat.

ii.Charleston County may require a jurisdictional determination by the United States Army Corps of Engineers on this property/these properties prior to the issuance of zoning permits for land development activities.

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The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance approving ZLDR amendments regarding fence guidelines was given third reading by title only.

AN ORDINANCE AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 9, DEVELOPMENT STANDARDS REGARDING DESIGN GUIDELINES FOR FENCING. WHEREAS, the South Carolina Local Government Comprehensive Planning Enabling Act of 1994, Section 6-29-310 et seq., of the South Carolina Code of Laws, 1976, as amended, authorizes the County of Charleston to enact or amend its zoning and land development regulations to guide development in accordance with existing and future needs and in order to protect, promote and improve the public health, safety, and general welfare; and WHEREAS, the Charleston County Planning Commission has reviewed the proposed amendments of the text of various chapters of the Charleston County Zoning and Land Development Regulations Ordinance (ZLDR) in accordance with the procedures established in South Carolina law and the ZLDR and has recommended that the Charleston County Council (County Council) adopt the proposed amendments of the text of the ZLDR as set forth herein; and WHEREAS, upon receipt of the recommendation of the Planning Commission, County Council held at least one public hearing, and after close of the public hearing, County Council approved the proposed text amendments based on the Approval Criteria of Section 3.3.6 of Article 3.3 of the ZLDR; and WHEREAS, County Council has determined the proposed text amendments meet the following criteria: A. The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition; and B. The proposed amendment is consistent with the adopted Charleston County Comprehensive Plan and goals as stated in Article 1.5; and C. The proposed amendment is to further the public welfare in any other regard specified by County Council.

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NOW, THEREFORE, be ordained it by the Charleston County Council in meeting duly assembled as follows: SECTION I. FINDINGS INCORPORATED The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION II. AMENDMENTS OF THE TEXT OF THE ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE The Charleston County Zoning and Land Development Regulations Ordinance is hereby amended to include the text amendments attached hereto as Exhibit “A” and made part of this Ordinance by reference. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately following third reading by County Council. ADOPTED and APPROVED in meeting duly assembled this 18th day of July, 2017. CHARLESTON COUNTY COUNCIL


EXHIBIT “A” AMENDING THE CHARLESTON COUNTY ZONING AND LAND DEVELOPMENT REGULATIONS ORDINANCE, NUMBER 1202, AS AMENDED: CHAPTER 9, DEVELOPMENT STANDARDS. § 9.6.3 ARCHITECTURAL DESIGN GUIDELINES H. Fencing 1. Any proposed fencing that will be constructed within a Right-of-Way Buffer shall not exceed four (4) feet in height. Chain-link, wire, and barbed wire fencing are prohibited within Right-of-Way Buffers. An architectural detail and fence location plan shall be submitted to the Planning Director for review and approval for all such fencing.

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2. When ten (10) or more parking spaces are located between the right-of-way and front façade of a building, an architectural wall of at least thirty (30) inches shall be required within the Right-of-Way Buffer to further screen the parking. The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. An ordinance authorizing an easement to SCE&G at the Charleston Center/Banov Building was given third reading by title only. AN ORDINANCE APPROVING AND AUTHORIZING THE GRANT OF AN EASEMENT TO SCE&G OVER A PORTION OF CHARLESTON COUNTY OWNED PROPERTY IDENTIFIED AS THE CHARLESTON CENTER/ BANOV BUILDING LOCATED AT 3-5 CHARLESTON CENTER DRIVE, CHARLESTON, SOUTH CAROLINA. WHEREAS, South Carolina Electric and Gas (“SCE&G”) requested the grant of an Easement one hundred twenty-five feet long by ten feet wide on a portion of Charleston County’s property identified by tax map number 460-14-00-019, located at 3-5 Charleston Center Drive, in Charleston, South Carolina (“Property”); and WHEREAS, SCE&G required the easement in order to reroute SCE&G facilities so that they can continue to safely provide service and will pay for all costs of constructing, maintaining, and repair the easements as needed; and

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WHEREAS, Charleston County Council finds that granting the easement is an appropriate public use for this property; and WHEREAS, Charleston County Council also finds that the easement will be a benefit to the County and other businesses in the area, and it consents to SCE&G having an easement across the property owned by the County; and WHEREAS, it was unanimously resolved that the undersigned Officer convey an Easement as hereinafter described to the Grantee named below for the consideration expressed herein. KNOW ALL MEN BY THESE PRESENTS, that the County of Charleston, (“Grantor”) in the State aforesaid, for and in consideration of the sum of One and 00/100 ($1.00) Dollar, to it in hand paid by SCE&G (the “Grantee”), receipt of which is hereby acknowledged, has granted, bargained, sold and released, and by these presents does grant, bargain, sell, and release unto Grantee, its heirs and assigns forever, the Easement, which is more fully described on Exhibit A, which is attached hereto and made a part hereof by reference, over, on, through and burdening the real property of the Grantor identified as TMS 460-14-00-019. The Easement may be used jointly by the Grantor, and its successors and assigns, and by the Grantee, and its heirs and assigns. The Grantor shall be under no obligation to maintain the Easement, but shall have the right to do so if desired. SECTION 1. FINDINGS INCORPORATED

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The above recitals and findings are incorporated herein by reference and made a part of this Ordinance. SECTION 11. EASEMENT GRANTED; AUTHORITY TO EXECUTE DOCUMENTS A. Charleston County Council grants one hundred twenty-five (125) feet long easement by ten (10) feet wide easement across a portion of Charleston County’s real property identified by parcel identification number 460-14-00-019, located at 3-5 Charleston Center Drive, in Charleston, South Carolina, to reroute SCE&G facilities so that they can continue to safely provide service. SCE&G will be responsible for any damages to County property occurring during its use of the easement, or anyone on its behalf to include its invitees. SCE&G will pay for all costs of constructing, maintaining, and repairing the easement, as needed. The location of the easement is shown on the attached drawing, which is incorporated by reference as Exhibit A. B. The Chairman of County Council is authorized to execute and deliver all documents and instruments necessary for the grant of this easement. SECTION III. SEVERABILITY If, for any reason, any part of this Ordinance is invalidated by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect. SECTION IV. EFFECTIVE DATE This Ordinance shall become effective immediately upon approval following third reading. ADOPTED and APPROVED in meeting duly assembled this___day of_________2017. CHARLESTON COUNTY COUNCIL

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By: _________________________

A. Victor Rawl Chairman of County Council

ATTEST. By:___________________________ Beverly T. Craven Clerk to County Council The Chairman called for a roll call vote on third reading of the ordinance. The roll was called and votes were recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received third reading approval. At the County Council meeting of June 20, 2017, Zoning Map Amendment case ZREZ-03-17-00051 was deferred to the meeting of July 18, 2017. The applicant is requesting to rezone 10408 Old Georgetown Road, McClellanville, TMS 758-00-00-011, from the Agricultural Preservation (AG-10) Zoning District to the Agricultural/Residential (AGR) Zoning District. The site currently contains a single family dwelling and is within the Francis Marion National Forest. Planning Commission, staff, and the Planning/Public Works Committee recommended disapproval of the requested zoning change. Mr. Schweers moved approval of the committee recommendation, seconded by Mr. Summey, and carried. Mr. Pryor pointed out to the applicant that he could do everything he wanted to do on his property without the zoning change. An ordinance approving the Berkeley Electric Cooperative Johns Island District Office Planned Development was given second reading by title only. AN ORDINANCE REZONING A 34.544-ACRE PORTION OF THE REAL PROPERTY LOCATED AT 1125 MAIN ROAD (TMS 281-00-00-098) FROM THE RURAL RESIDENTIAL (RR-3) ZONING

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DISTRICT TO PLANNED DEVELOPMENT ZONING DISTRICT (PD-159 BERKELEY ELECTRIC COOPERATIVE (BEC) JOHNS ISLAND DISTRICT OFFICE). The ordinance in its entirety will appear in the minutes of County Council at the time of third Reading. The Chairman called for a roll call vote on second reading of the ordinance. The roll was called and votes recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absent, the Chairman declared the ordinance to have received second reading approval. Mr. Sass moved for unanimous consent to add second reading of the Project Herman Financial Incentives ordinance to the agenda. Mr. Summey seconded the motion, which passed unanimously. An ordinance approving financial incentives for Project Herman was given second reading by title only. AN ORDINANCE PROVIDING FOR INFRASTRUCTURE OR SPECIAL SOURCE REVENUE CREDITS TO AN INDUSTRY CURRENTLY KNOWN TO THE COUNTY AS “PROJECT HERMAN;” AUTHORIZING AN INFRASTRUCTURE CREDIT AGREEMENT BETWEEN CHARLESTON COUNTY AND PROJECT HERMAN; PROVIDING FOR THE ALLOCATION OF FEES-IN-LIEU OF TAXES PAYABLE UNDER THE AGREEMENT FOR DEVELOPMENT FOR A JOINT COUNTY INDUSTRIAL PARK WITH COLLETON COUNTY; AND OTHER MATTERS RELATING THERETO. The ordinance in its entirety will appear in the minutes of Charleston County Council at the time of third reading. The Chairman called for a roll call vote on second reading of the ordinance. The roll was called and votes recorded as follows: Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent

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Sass - aye Schweers - aye Summey - aye Rawl - aye The vote being seven (7) ayes and two (2) absents, the Chairman declared the ordinance to have received second reading approval. The Chairman stated that the next item on the agenda was the Consent Agenda. Mr. Summey moved approval of the Consent Agenda. Mr. Pryor seconded the motion and carried. Consent Agenda items are as follows: A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by County Administrator Jennifer Miller and Sheriff J. Al Cannon, Jr., regarding the opportunity to apply for a Department of Homeland Security Fiscal Year (FY) 2017 Port Security Grant. It was stated that the Department of Homeland Security Fiscal Year (FY) 2017 Port Security Grant Program (PSGP) plays an important role in the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. The Charleston County Sheriff’s Office (CCSO) has county-wide jurisdiction which includes the Port areas as well as the surrounding barrier islands. The Port of Charleston is the 6th busiest in the United States and the fastest growing port in the United States. The CCSO requests to apply for and accept if awarded $82,500 for the period of September 1, 2017 through August 31, 2020 to fund dive sonar equipment for the CCSO Dive Team/Underwater Recovery Team to assist in hull searches, pier searches, and evidence recovery. The equipment is vital to improving and maintaining maritime safety. The total cost of this project is $110,000. Matching funds of $27,500 will be provided. There are no FTEs associated with this project. Committee recommended that Council allow the Sheriff’s Office to apply for and accept, if awarded, the Port Security Grant Program $110,000 to fund dive sonar equipment, with the required matching funds of $27,500 to come from the Charleston County Sheriff’s Office General Fund Budget, and with the understanding that the grant period is September 1, 2017 through August 31, 2020; and that no FTEs will be requested. A report was provided by the Finance Committee under date of July 18, 2017 that it considered the information furnished by County Administrator Jennifer Miller and Emergency Management Director Jason Patno regarding authorization to apply for and receive grant funds in the amount of $88,691. It was stated that if awarded the grant funding would be utilized to accomplish the following:

Offset annual personnel cost Funding for Emergency Management Special Projects

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Continue the Community Emergency Response Team (CERTZ) and Teen Community Emergency Response Team programs.

Committee recommended that Council: 1. Approve the Emergency Management Department request to apply for and receive grant funding in the amount of $88,591 through the 2017 Local Emergency Management Performance Grant program to offset annual personnel costs, Emergency Management costs, Emergency Management Special Projects as well as continue the Community Emergency Response Team (CERT) 2. The grant performance period is July 1, 2017 through June 30, 2018 Charleston County Sheriff’s Office General Fund Budget, and that the grant period is September 1, 2017 through August 31, 2020. 3. An in-kind or “soft” match on behalf of the Emergency Management Department is required. 4. No addition FTEs will be requested. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by County Administrator Jennifer Miller and Emergency Management Director Jason Patno regarding the Federal Emergency Management Agency’s Local Emergency Management Performance Grant Through the Federal Emergency Management Agency’s Local Emergency Management Performance Grant, the Charleston County Emergency Management Department is requesting authorization to apply for and receive grant funding in the amount of $88,591. If awarded, grant funding would be utilized to accomplish the following: 1. Offset annual personnel cost. 2. Funding for Emergency Management Special Projects, including, but not limited to,

department accreditation, emergency operations center enhancements, emergency management program enhancements, and training.

3. Continue the Community Emergency Response Team (CERT) and Teen Community Emergency Response Team (TeenCERT) programs. Department of Homeland Security has discontinued the separate funding for these programs.

ITEM COST

Personnel $44,591

Emergency Management Special Projects $35,000

Community Emergency Response Team Program $ 9,000

Total $88,591

An in-kind or “soft” match on behalf of the division would be required. Salaries of department personnel associated with the completion of projects identified in the grant scope of work would be used to satisfy the match requirement. There are no FTE’s or vehicles associated with the above reference grant program. Committee recommended that Council approve the Emergency Management Department request to apply for and receive grant funding, in the amount of $88,591, through the 2017 Local Emergency Management Performance Grant program to offset annual personnel

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costs, Emergency Management Special Projects as well as continue the Community Emergency Response Team (CERT) with the understanding that

The grant performance period is July 1, 2017 through June 30, 2018.

An in-kind or “soft” match on behalf of the Emergency Management Department is required.

There are no additional FTE’s or vehicles associated with this grant. A report was provided by the Finance Committee under date of July 18, 2017 that it considered the information furnished by Jennifer Miller, County Administrator and Jim Neal, Public Works Director, regarding Hurricane Matthew damage to the County’s drainage infrastructure. It was stated that the President signed a Federal Disaster Declaration in October for Charleston County, allowing for federal assistance from various federal agencies, including the U.S. Department of Agriculture, Natural Resources Conservation Service (NRCS), and that under the provisions of Sec 216 of PL 81-516 and Title IV of PL 95-334, NRCS is authorized to assist in relieving hazards created by natural disasters that cause an impairment of a watershed. It was further stated that this is separate from any federal assistance that may be provided by FEMA (under the Stafford Act). Council was advised that the proposed agreement will provide financial and technical assistance to implement recovery measures that, if left undone, pose a risk to life and property, and the work is primarily the removal of sediments and debris from the canals, stabilization of the banks, and installation of infrastructure protection. The Public Works Director said that the Emergency Watershed Protection (EWP) Project will provide the design and installation of EWP measures on 22 of the County’s drainage canals. The estimated total cost to effect the repairs is $2,674,379. The NRCS will fund 75% of the costs and the County will contribute 25%, or $668,595, in cash and in-kind services. It was shown that there is a limited time to effect the repairs, and because of the time constraints, we will use our current contracts for disaster consultant services to effect the design requirements and prepare the construction contract documents. Once approved by NRCS, we will bring all construction contracts to Council for approval of award. It was further shown that the cost share funding is available from the TST funds as approved by County Council in June 2016. Committee recommended that Council allow the Public Works Department to apply for and accept, if awarded, the Natural Resources Conservation Service (NCRS) grant for the repair of eligible canals and drainage structures and authorize the County Administrator to sign grant documentation with the understanding that the 25% match is available in the roads portion of the Transportation Sales Tax. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by Jennifer Miller, County Administrator and Jim Neal, Director of Public Works, regarding funding received by the South Carolina Department of Health and Environmental Control (SCDHEC) to aid and control mosquitoes and mosquito-borne diseases. It was stated that the SCDHEC staff indicated they had reserved a small portion of the funds ($7,911) for Charleston County. It was further shown that the County submitted the documents the SCDHEC requested and they provided a grant acceptance form, which shows that the Grant funding would be utilized to accomplish the following:

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1. Surveillance. 2. Mosquito Control Equipment. 3. Training. 4. Other (Educational Materials).

ITEM COST

Surveillance $ 435.00

Mosquito Control Equipment $5,346.00

Training $ 130.00

Other (Educational Materials) $2,000.00

Total $7,911.00

It was shown that there is no match, FTE’s, or vehicles required with the above-referenced grant, and the equipment funding is for purchasing mosquito traps necessary for the Zika control program. Committee recommended that Council authorize the acceptance of grant funding from the South Carolina Department of Health and Environmental Control (SCDHEC), in the amount of $7,911 to purchase equipment, training and other education materials to aid and control mosquitoes and mosquito-borne diseases, with the understanding that no match, vehicles or FTE’s are required. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by Jennifer Miller, County Administrator and Contracts and Procurement Director Barrett Tolbert regarding the need to award a contract for the CTC 2017 Resurfacing Plan “A” project. It was stated that the project shall include traffic control, milling, surface preparation, asphalt resurfacing, striping, and other repairs related to roadway resurfacing of various local paved roadways within the boundaries of Charleston County. The approximate total project length is six (6) miles. Bids were received in accordance with the terms and conditions of Invitation for Bid No. 5175-17C. State “C” Fund regulations do not allow Small Business Enterprise (SBE) or local preference options.

Bidder

Total Bid Price

DBE Percentage

Banks Construction Company North Charleston, South Carolina 29415 Principal: Jafar Moghadam

$2,135,219.00 7.30%

Sanders Brothers Construction Company, Inc. North Charleston, South Carolina 29406 Principal: Chris Davis

$2,473,348.20 5.89%

Committee recommended that Council, as agent for the CTC, authorize award of bid for the CTC 2017 Resurfacing Plan “A” project to Banks Construction Company, the lowest, responsive, and responsible bidder, in the amount of $2,135,219.00, with the understanding that funds are available in the State “C” Fund for road improvements. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by Jennifer Miller, County Administrator, and Barrett

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Tolbert, Director of Procurement, regarding a request to enter into a non-competitive procurement to upgrade the IFAS system. It was stated that in 1998, Charleston County purchased and implemented Integrated Financial and Administrative Solution (IFAS), an enterprise resource planning (ERP) software designed specifically for use in the public sector, which was originally designed by developer Bi-Tech Software, the solution now belongs to Superion, LLC. It was shown that this software connects all county departments with our five core functionalities: Budget, Procurement, Finance, Payroll and Human Resources. It was further stated that the County has contracted annually for maintenance and support and performed system upgrades as required. The County performed the last major version upgrade in 2013 and since that time, the software has undergone major improvements in functionality, aesthetics and ease of use; even being rebranded from IFAS to OneSolution, a name meant to embody the integration of its various modules into a single, seamless solution. The County is currently on IFAS version 7.9.12 and planning to upgrade to the currently released OneSolution version 16.x. It was further stated that Improvements in the software will include new functionality required for federally mandated Affordable Care Act (ACA) reporting, purchasing card (p-card) management and contracts management, as well as more robust and flexible report writing and new analytics functionality using IBM’s Cognos technology. A database conversion from Informix to SQL will also transpire as part of this upgrade, moving us into a much more current and manageable database technology. In addition to professional services related to implementation, training and design, this procurement includes hours designated specifically for business process reviews (BPRs). These BPRs are designed to help identify how to best leverage the software and streamline business processes. Areas of focus include: General Ledger, Project Accounting, Budgeting, Contracts Management, Accounts Payable, Asset Management, Accounts Receivable, Purchasing, Human Resources, and Payroll. The request for approval of a non-competitive procurement is based on the need to upgrade to a fully supported version of the software. Like most software companies, Superion offers support for older versions of the software for a period of time, but eventually those versions must sunset in order for their research and development and their support teams to channel their resources into the current and future versions of the product. The County’s current version was originally issued in 2009, with five major releases subsequently issued. At this time, Superion is no longer fully supporting our version and it is recommended that we upgrade to the current release to take advantage of the additional functionality and improvements made to the software. Committee recommended that Council authorize a non-competitive procurement to Superion, LLC for the upgrade of the County’s enterprise resource management software solution, One Solution (formerly IFAS), in the not to exceed amount of $405,000.00, with the understanding that funds are available in the Technology Services budget. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by Jennifer Miller, County Administrator, and Barrett Tolbert, Director of Procurement, regarding proposals received for a vendor to provide food services at the Sheriff Al Cannon Detention Center in accordance with the terms and conditions of RFP No 5167-17W. The following vendors submitted proposals. Aramark Correctional Services, LLC

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Philadelphia, PA Principal: Tim Barttrum, Vice President Business Development Summit Food Service, LLC Roseville, MN Principal: Mitch Speicher, Chief Financial Officer Trinity Services Group, Inc. Oldsmar, FL Principal: David M. Miller, Chief Operating Officer A committee reviewed the proposals submitted by the above vendors. The capabilities and qualifications of each vendor were evaluated along with the cost. Based on the proposals submitted, the committee determined Summit Food Service, LLC’s proposal to be the most advantageous to the County. A statement was made that price proposal were available in executive session if desired. Committee recommended that Council authorize award of contract for food services at the Sheriff Al Cannon Detention Center to Summit Food Service, LLC, and authorized staff to finalize negotiations and enter into a contract. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by Jennifer Miller, County Administrator, and Timothy Przybylowski, Facilities Manager, regarding the proposed lease of parking spaces at the King and Queen Street Parking Facilities. It was shown that on July 1, 1979, the County and Holiday Inns, Inc. entered into an agreement to utilize parking spaces and a pedestrian access from the Hotel (Mills House Wyndham Grand) to the King and Queen Street Parking Garage. It was stated that the current Memorandum of Agreement will expire on August 27, 2017, and Mills House Wyndham Grand (MHWG) would like to enter into a new agreement for an additional five years and continue4 the right to use the pedestrian access way from Level 4 of the Garage to the second floor of the Hotel including the handicap wood ramp that provides access to and from the crosswalk over the curb, which shall be maintained by and be the sole responsibility of (MHWG). The MHWG will pay the County the sum of one hundred dollars per month for one parking space that is being used for a wooden ramp. The cost for additional parking spaces shall be the current monthly rate per space. Committee recommended that Council, following a public hearing on the matter, authorize the Chairman of County Council to execute an Agreement between the County of Charleston and The Mills House Wyndham Grand for five (5) years, beginning August 27, 2017 with the understanding that:

The rental shall be Twelve Hundred ($1,200) Dollars per year, payable monthly in the amount of One Hundred ($100) Dollars.

The cost for additional parking spaces shall be the current monthly rate per space.

The Legal Office to review the Agreement. A report was provided by the Finance Committee under date of July 18, 2017, that it

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considered the information furnished by Jennifer Miller, County Administrator, and Economic Development Director Steve Dykes. It was stated that the Economic Development Department has worked during 2017 with T-Mobile USA, Inc., regarding the company’s pursuit of an expansion of its customer care center in North Charleston. It was further stated that T-Mobile USA, Inc. expansion will involve an investment of over $30 million, creating 400 new jobs, and expanding the company’s local annual payroll by $11.6 million. It was further stated that at its June 1 meeting, the S.C. Coordinating Council for Economic Development approved a $250,000 Set-Aside Grant for Charleston County designed to be passed thru and utilized by T-Mobile USA, Inc. for building construction, with the Economic Development Department administering Set-Aside grants, and providing reimbursement to T-Mobile USA, Inc. for pre-approved expense items upon receipt of proper documentation in the normal fashion. Committee recommended that Council authorize the formal acceptance of a $250,000 Set-Aside grant from the S.C. Coordinating Council for utilization by T-Mobile USA, Inc. in offsetting project development costs. The grant will be administered by the Economic Development Department on a reimbursable basis. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the letter received from Mayor John J. Tecklenburg regarding the City of Charleston’s appointee to the Greenbelt Advisory Board. It was stated in Mayor Tecklenburg’s letter that the City of Charleston wished to appoint Mr. Jason Kronsberg as the City of Charleston’s appointee to the Greenbelt Advisory Board. Committee recommended that Mr. Jason Kronsberg be appointed as the City of Charleston representative to the Greenbelt Advisory Board. The previous item was the last item on the Consent Agenda. A report was read from the Finance Committee under date of July 18, 2017, that it considered the information furnished by Jennifer Miller, County Administrator, and Steve Thigpen, Director of Transportation Management, regarding the Manor Road Drainage Improvement Project requested by the Town of Hollywood to reduce flooding along the roadway and to eliminate standing water. It was stated that a drainage easement has been secured from eleven of the twelve parcels through dedication and/or compensation for the proposed improvements, and in order to move forward with the construction of Manor Road Drainage Improvements Project, staff requests that Council approve the use of eminent domain to acquire an easement from the last remaining property owner. It is intended that the actual condemnation action would be filed only if it appears that a settlement is not imminent since Staff remains extremely sensitive to the rights of the property owners affected by this project, and has directed that the right of way consultants continue to exercise all due care when negotiating with the owners. Staff has received the support from the Town of Hollywood to use eminent domain for these improvements. Community recommended that Council approve the attached resolution which authorizes the use of eminent domain for Manor Road Drainage Improvements. The Resolution is as follows:

A Resolution Authorizing the Exercise of Eminent Domain to Acquire Title to or Interests in Real

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Property for the Purpose of Constructing Drainage Improvements for the Manor Road Drainage Improvements Project Section I. Findings The County Council of Charleston County, in meeting duly assembled, hereby finds as follows: Whereas, as a project being undertaken as part of its Transportation Sales Tax Program, Charleston County intends to construct certain improvements to Manor Road in the Town of Hollywood in Charleston County, SC (the “Project”); and Whereas, the plans for the improvements are shown on the technical drawings entitled “Construction Plans” (the ”Plans”); and Whereas, the Plans depict, inter alia, the existing roadway, the proposed drainage easement and improvements, and the privately-owned portion of a property that the County seeks to acquire a drainage easement to complete the Project; and Whereas, said Plans are subject to refinement and revision as additional design efforts and investigations are undertaken regarding the drainage easement alignment and the Project’s components, including but not limited to drainage structures; and Whereas, the acquisition of an easement on the privately-owned property will be accomplished in accordance with the eminent domain laws of the State of South Carolina; and Whereas, it is in the best interests of the citizens of Charleston County to acquire title to or an easement interest in the privately-owned property in order to complete the Project; and Whereas, public purposes, health, welfare, and safety, including, but not limited to, the facilitation of commerce and the convenience of the traveling public will be served by acquiring the properties and completing the Project; and Whereas, the properties acquired will be for a public use, including but not limited to, the improvement of a publicly-owned thoroughfare in Charleston County. Section II. Actions Authorized As a result of the findings set forth above, and by virtue of the powers granted to the County under the constitution and statutes of the State of South Carolina, the Charleston County Council hereby authorizes and directs the following: Charleston County Council hereby authorizes the exercise of eminent domain to acquire an easement interest in the privately-owned property as shown on the above-described Plans, as the same may be refined or revised from time to time, for the Project. Council expressly authorizes the acquisition of the parcels identified on the above-described Plans, in whole or in part, as the needs of the Project so require.

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Mr. Summey moved approval of the committee recommendation, seconded by Mr. Pryor, and carried. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by Jennifer Miller, County Administrator, and Facilities Director Timothy Przybylowski regarding the need to award a contract for Open End Professional Engineering for the Facilities Department. It was stated that Charleston County Facilities Department request for qualifications from engineering firms for civil engineering, landscape architecture, and land surveying services on an as-needed basis. The selected firm(s) shall provide all labor, material, equipment, information, and other items necessary, along with related professional services required to perform the Scope of Services for each individual project. These services are to be provided in support of the design, development, and construction of various Charleston County projects. Submittals were received in accordance with the terms and conditions of Request for Qualifications (RFQ) No. 5087-17V from the following firms:

Cornerstone Surveying and Engineering, Inc.

Dennis Corporation

Earthsource Engineering

Forsberg Engineering and Surveying, Inc.

Hussey, Gay, Bell & DeYoung, Inc. Consulting Engineers of S.C.

M.A. Engineering Consultants, Inc.

Sandis Civil Engineers Surveyors Planners

Seamon, Whiteside, & Associates

Thomas & Hutton Engineering Co.

T.Y. Lin International / Lindberg

Vaughn & Melton Consulting Engineers, Inc.

Weston & Sampson Engineers, Inc. Per the terms of the RFQ, it is the intent of the County to identify two (2) engineering firms, which will be considered for award, for each special project during the course of the year. The County will always negotiate first with the firm identified as the most qualified. If a fair and reasonable cost and time frame can be successfully negotiated, that firm will be awarded the project. However, if successful negotiations with this firm are not concluded, the County will attempt to negotiate with the firm identified as the second most qualified firm. If negotiations fail with both firms, a solicitation for the specific project will be opened for all vendors to participate in the RFQ process. An evaluation committee has reviewed the submitted qualifications for compliance with the RFQ requirements and determined the two following firms, ranking in order, 1) Forsberg Engineering and Surveying, Inc. and 2) Hussey, Gay, Bell, & DeYoung, Inc. to be the most qualified in meeting the County’s needs and recommends awarding contracts. The evaluation committee members were from the following departments:

Facilities

Procurement

Public Works

Transportation Development

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Committee recommended that Council authorize award of contracts for civil engineering, landscape architecture, and land surveying services for various Facilities Department projects on an as-needed basis, in order of most qualified, to the following firms: 1. Forsberg Engineering and Surveying, Inc. 2. Hussey, Gay, Bell & DeYoung, Inc. with the understanding that Funds are available in the Facilities Department budget. Mr. Pryor moved approval of Committee recommendation, seconded by Mr. Summey, and carried. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by Jennifer Miller, County Administrator, and Budget Director Mack Gile regarding the need to allocate the annual Local Accommodations Tax. It was stated that as part of the annual budget process, a lump sum amount is appropriated in the Local Accommodations Tax for future allocation to agencies. Council has committed $300,000 in the Fiscal Year 2018 budget toward the accommodations tax allocation. It was shown that as requested by Council in August 2008, the Convention and Visitors Bureau (CVB), in conjunction with the College of Charleston’s Office of Tourism Analysis has continued to assist the County with the applications review and to provide economic impact data for Council’s consideration on the applications. The original applications from these agencies and the CVB’s analysis were distributed to Council by the CVB. Committee recommended that Council approve the Convention and Visitors Bureau and County’s staff recommendation to allocate $300,000 of accommodations appropriations:

Applicant Information Final FY 2018

Applicant Name Adjusted Recommended Amount

Actors' Theatre of South Carolina $3,850

Avian Conservation Center/The Center for Birds of Prey $7,015

Ballet Evolution $3,830

Charleston Area Sports Commission(formerly Metro Sports Council

$12,606

Charleston Area Sports Commission, c/o Colonial Athletic Assoc.

$13,519

Charleston Golf $10,091

Charleston Restaurant Foundation $9,175

Charleston Stage Company $6,931

Charleston Symphony Orchestra $5,694

Charleston Wine + Food Festival $12,581

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Children Museum of the Lowcountry $7,997

City of Charleston: (Holiday Magic in Historic Charleston) $6,234

City of Charleston: MOJA Arts Festival $7,335

City of Charleston: Piccolo Spoleto Festival $9,184

City of North Charleston: Cultural Arts Dept. $5,000

Closing The Gap In Health Care, Inc.: Low County Jazz Festival $7,183

College of Charleston / Halsey Institute of Contemporary Art $5,034

Color of Music Festival, Inc. $4,739

Company Company $6,487

Cooper River Bridge Run $11,254

Drayton Hall $9,522

Gibbes Museum of Art $13,734

Greater Charleston Restaurant Association $7,755

Historic Charleston Foundation $12,233

Jazz Artists of Charleston $6,502

Rotary Club of North Charleston $3,840

South Carolina Aquarium $22,111

South Carolina Historical Society $7,545

South Carolina Humanities $5,000

Southeastern Wildlife Exposition $13,486

Spoleto Festival USA $17,014

USS Yorktown Foundation $25,518

Total $300,000

Mr. Summey moved approval of Committee recommendation, seconded by Mr. Pryor, and carried. A report was provided by the Finance Committee under date of July 18, 2017 that it considered the information furnished by Jennifer Miller, County Administrator and Jean Sullivan, Charleston County Community Development Finance Officer, regarding the County’s Urban Entitlement Requalification. It was stated that: 1. Charleston County is an Urban Entitlement County according to the US Department of Housing and Urban Development pursuant to 25 CFR 570.307(a). An Urban Entitlement County is mandated to ask all participating jurisdictions to consider staying or withdrawing

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from the entitlement area. The County also informs all non-participating units of local governments located in the County of the option to join as a participating jurisdiction. This process occurs every three years with the current requalification period being 2018-2020. During the qualification period for the 2018-2020 timeframe, all eleven participating jurisdictions, the Towns of Awendaw, Hollywood, Lincolnville, Meggett, Mount Pleasant, McClellanville, Ravenel, Sullivan’s Island, and James Island and the Cities of Isle of Palms and North Charleston, have chosen to remain in the entitlement area and the four non-participating jurisdictions, the Towns of Rockville, Kiawah and Seabrook Island and the City of Folly Beach have elected not to join the entitlement area. All participating jurisdictions have been required to enter into a cooperative agreement with the County which automatically renews every three years unless the jurisdiction decides to leave the entitlement area. Staff is requesting that Council approve all cooperative agreements and amendments to the agreements currently in place with the participating jurisdictions and authorize the County Administrator to sign these HUD mandated agreements. Staff is also requesting that Council approve that the County maintain its Urban Entitlement status during the qualification period 2018-2020. 2. In accordance with HUD regulations the Community Development Advisory Board is comprised of a member from each of the participating jurisdictions, these seats are appointed by the Mayors of the participating jurisdiction. The County is authorized to add any additional seats that they may deem necessary. As such, County Council determines the size of the board. The Town of James Island joined the Entitlement area in 2015, as a participating jurisdiction they are entitled to a seat on the board. Staff is requesting that a seat be added to the Advisory Board. Committee recommended that Council: 1. Approve all cooperative agreements and amendments to the agreements currently in place with the participating jurisdictions and authorize the County Administrator to sign these HUD mandated agreements. Staff is also requesting that Council approve that the County maintain its Urban Entitlement status during the qualification period 2018-2020. 2. Increase the size of the advisory board to allow the Town of James Island to appoint a member to the board. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information provided by County Administrator Jennifer Miller and Economic Development Director Steve Dykes regarding financial incentives extended to Coast Brewing. It was stated that in 2017, the Economic Development Director held discussions with executives from locally-owned Coast Brewing, LLC, in which plans for expanding their beer brewing operation were outlined. Founded in 2007, locally-owned Coast Brewing, LLC proposes purchasing the building and 1.3-acre tract on the former Naval Base that they currently lease, which includes a vacant land area onto which they plan to expand. The company would invest approximately $1.77 million to upgrade their brewing capacity from 4,000 to 7,000 barrels per year and to add a proper tap room. They would augment

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their current staff of 7 by adding 29 employees (average annual wage of $30,517) with an added annual payroll of $885,000. This will include managerial, technical and clerical positions, as well as 16 operator (brewing) and sales positions. This expansion will help Coast meet a greater South Carolina demand as well as enabling potential expansion into the North Carolina (Charlotte and Asheville) markets and will raise their overall annual payroll to $1.12 million. Over the next twenty years, annual property tax revenues to the various taxing entities from the expansion should approximate $813,263, with approximately $141,923 of that figure coming due to Charleston County. The company has secured financing and is ready to proceed, but has encountered unanticipated and potentially prohibitive financial obstacles with regard to costs associated with re-locating a series of utility lines (electrical, natural gas, water and sewer) on this former Navy tract. All told, the company has estimates which collectively exceed $100,000 to remove and re-locate the utility lines in a manner that will create an unfettered building footprint for their expansion. On several prior occasions, the Economic Development Department has made grants available for companies to help defray the cost of water, sewer, and telecommunications needs in cases where infrastructure issues were jeopardizing the creation or retention of jobs in the community. Three such past examples include a water installation (Awendaw), a sewer service extension project (North Charleston), and a telecommunications extension (downtown Charleston). To support this company expansion effort, the Economic Development Director committed to offer an Infrastructure Grant of $25,000 to help defray a portion of the utility relocation costs necessary to accommodate the expansion. This grant would become available at such time as the company closes on the building and land purchase and would be available on a reimbursable basis for approved infrastructure relocation costs upon receipt of proper documentation. Committee recommended that Council approve an Infrastructure Grant of $25,000 to facilitate the 29-person expansion by locally-owned Coast Brewing, LLC of their North Charleston operation. This grant would become available at such time as the company closes on the building and land purchase and would be available on a reimbursable basis for approved infrastructure relocation costs upon receipt of proper documentation. Mr. Summey moved approval of the committee recommendation, seconded by Mr. Pryor, and carried. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by County Administrator Jennifer Miller and Economic Development Director Steve Dykes regarding financial incentives extended to Project Jason. It was stated that the Economic Development Director held discussions with executives from ‘Project Jason’ in which the company outlined an interest in re-locating an automotive manufacturing operation to North Charleston. ‘Project Jason’ and its real estate developer will invest a combined $15.7 million on the construction of a new industrial building, along with the machinery & equipment necessary

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to establish the company’s new operation to serve a key customer already located in the Charleston region. The company will create 136 new jobs (average annual salary of $37,072) with an added annual payroll of $5 million. Over the next twenty years, annual property tax revenues to the various taxing entities from the expansion should approximate $5 million, with approximately $811,995 of that figure coming due to Charleston County. To support this company relocation effort, the Economic Development Director committed to Fee-in-Lieu-of-Taxes (FILOT) and Multi-County Industrial Park (MCIP) designation. FILOT terms will include an assessment rate of 6%, with millage ‘fixed’ at its current level over the 20-year term. (NOTE: For competitive and timing reasons, the company has requested to have its identity remain confidential at this time. The company will make a public announcement regarding its project, or otherwise reveal its identity prior to public hearing and final reading by County Council.) Committee recommended that Council approve and give first reading to an ordinance authorizing the execution and delivery of fee-in-lieu-of-taxes (FILOT) to facilitate the $15.7 million 136-person automotive manufacturing re-location by ‘Project Jason.’ FILOT terms will include an assessment rate of 6%, with millage ‘fixed’ at its current level of 281 over the 20-year term. Charleston County also pledges to include the property in its Charleston-Colleton Multi-County Industrial Park (MCIP) by taking legislative action at a date later in 2017. Mr. Summey moved approval of the committee recommendation, seconded by Mr. Pryor, and carried. An ordinance authorizing financial incentives for Project Jason was given first reading by title only. AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A FEE-IN-LIEU OF TAX AGREEMENT BY AND AMONG A COMPANY KNOWN FOR THE TIME BEING AS “PROJECT JASON,” A COMPANY KNOWN FOR THE TIME BEING AS “PROJECT JASON DEVELOPER” AND CHARLESTON COUNTY, WHEREBY CHARLESTON COUNTY WILL ENTER INTO A FEE-IN-LIEU OF TAX AGREEMENT WITH PROJECT JASON AND PROJECT JASON DEVELOPER AND PROVIDING FOR PAYMENT BY PROJECT JASON AND PROJECT JASON DEVELOPER OF CERTAIN FEES-IN-LIEU OF AD VALOREM TAXES; PROVIDING FOR THE ALLOCATION OF FEES-IN-LIEU OF TAXES PAYABLE UNDER THE AGREEMENT FOR THE ESTABLISHMENT OF A MULTI-COUNTY INDUSTRIAL/BUSINESS PARK; AND OTHER MATTERS RELATING THERETO. The ordinance in its entirety shall appear in the Minutes of Charleston County at the time of third reading. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by County Administrator Jennifer Miller and Economic Development Director Steve Dykes regarding financial incentives extended to

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T-Mobile USA. It was stated that the Economic Development Director held discussions with executives from T-Mobile USA, Inc. in which the company outlined an interest in expanding its customer care center in North Charleston. T-Mobile USA, Inc. and its real estate developer will invest a combined $31.6 million on the upfit of an existing building, along with the business personal property necessary to expand the company’s customer care center to better serve existing and new customers. The company will retain its 800 existing employees while creating 400 new jobs (average annual salary of $27,992) with an added annual payroll of $11.6 million. Including existing positions, the company’s overall annual payroll will grow to approximately $ 33.6 million. Over the next twenty years, annual property tax revenues to the various taxing entities from the expansion should approximate $8.9 million, with approximately $1.29 million of that figure coming due to Charleston County. To support this company relocation effort, the Economic Development Director committed to Fee-in-Lieu-of-Taxes (FILOT), Multi-County Industrial Park (MCIP) designation, and a Special Source Revenue Credit (SSRC). FILOT terms will include an assessment rate of 6%, with millage ‘fixed’ at its current level over the 20-year term. The SSRC encompasses 23% of the 20-year revenues from FILOT applying to the business personal property and to ad valorem taxes associated with the real property leasehold improvements made by the company, not to exceed a combined $700,000. Committee recommended that Council:

1. approve an inducement resolution and approve and give first reading to an ordinance authorizing the execution and delivery of fee-in-lieu-of-taxes (FILOT), and a Special Source Revenue Credit (SSRC) to facilitate the $31.6 million 400-person customer care center expansion by T-Mobile USA, Inc. FILOT terms applying to the company’s business personal property will include an assessment rate of 6%, with millage ‘fixed’ at its current level of 281 over the 20-year term. An SSRC will be made available, equaling to 23% of the 20-year revenues from FILOT applying to the business personal property and to ad valorem taxes associated with the real property leasehold improvements made by the company, not to exceed a combined $700,000. Charleston County also pledges to include the property in its Charleston-Colleton Multi-County Industrial Park (MCIP) by taking legislative action at a date later in 2017.

2.

Mr. Summey moved approval of the committee recommendation, seconded by Mr. Pryor, and carried. The inducement resolution is as follows:

A RESOLUTION SETTING FORTH THE COMMITMENT OF

CHARLESTON COUNTY TO T-MOBILE, WHEREBY, UNDER

CERTAIN CONDITIONS, THE COUNTY WILL:

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(1) ENTER INTO A FEE IN LIEU OF TAX AND

INCENTIVE AGREEMENT BY AND BETWEEN THE

COUNTY AND THE COMPANY, PURSUANT TO

WHICH THE COUNTY SHALL COVENANT TO

ACCEPT CERTAIN NEGOTIATED FEES IN LIEU OF

AD VALOREM TAXES WITH RESPECT TO THE

ESTABLISHMENT AND/OR EXPANSION OF

CERTAIN FACILITIES IN THE COUNTY, AND

PERMIT INVESTORS TO CLAIM SPECIAL SOURCE

REVENUE CREDITS AGAINST THEIR FILOT

PAYMENTS TO REIMBURSE SUCH INVESTORS

FOR EXPENDITURES IN CONNECTION WITH

INFRASTRUCTURE SERVING THE COUNTY OR

IMPROVED OR UNIMPROVED REAL ESTATE AND

PERSONAL PROPERTY INCLUDING MACHINERY

AND EQUIPMENT USED IN THE OPERATION OF A

MANUFACTURING OR COMMERCIAL

ENTERPRISE IN ORDER TO ENHANCE THE

ECONOMIC DEVELOPMENT OF THE COUNTY;

(2) PROVIDE THE BENEFITS OF A MULTI-COUNTY

INDUSTRIAL OR BUSINESS PARK TO THE

COMPANY IN CONNECTION THE FOREGOING

FACILITIES; AND

(3) OTHER MATTERS RELATING THERETO.

RECITALS

WHEREAS, Charleston County, South Carolina (the “County”), acting by and

through its County Council (the “Council”), is authorized and empowered under and

pursuant to the provisions of the Code of Laws of South Carolina 1976, as amended (the

“Code”), particularly Title 12, Chapter 44 of the Code (the “Negotiated FILOT Act”),

and Title 4, Chapter 1 and Section 4-1-17 of the Code (the “Multi-County Park Act” and

the “Special Source Act”, respectively) (collectively, the “Act”) and by Article VIII,

Section 13(D) of the South Carolina Constitution to:

(i) Enter into agreements with certain investors to construct, operate, maintain,

and improve certain projects through which the economic development of

the State of South Carolina (the “State”) will be promoted and trade

developed by inducing manufacturing and commercial enterprises to locate

and remain in the State and thus utilize and employ the manpower,

agricultural products, and natural resources of the State;

(ii) Covenant with such investors to accept a certain fee in lieu of otherwise

appertaining ad valorem tax (“FILOT”) payments, including, but not

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limited to, negotiated FILOT payments made pursuant to the Negotiated

FILOT Act, with respect to a project;

(iii) Permit investors to claim special source revenue credits against their FILOT

payments (“Special Source Revenue Credits”) to reimburse such investors

for expenditures in connection with infrastructure serving the County or

improved or unimproved real estate and personal property including

machinery and equipment used in the operation of a manufacturing or

commercial enterprise in order to enhance the economic development of the

County (“Special Source Improvements”); and

(iv) Create, in conjunction with one or more other counties, a multi-county

industrial or business park; and

WHEREAS, T-Mobile, a corporation organized and existing under the laws of the

State of Delaware, acting for itself or one or more affiliates or other project sponsors (the

“Company”) proposes to establish and/or expand certain facilities at one or more locations

in the County (the “Project”), and anticipates that, should its plans proceed as expected,

the Company will invest, or cause to be invested, at least Fourteen Million Nine Hundred

Thousand Dollars ($14,900,000.00) in the Project and will create, or cause to be created,

at least four hundred (400) new, full-time jobs within the County (and, in addition, to

relocate an additional eight hundred (800) jobs thereto);

WHEREAS, on the basis of the information supplied to it by the Company, the

County has determined, inter alia, that the Project would serve the purposes of the Act and

would be directly and substantially beneficial to the County, the taxing entities of the

County and the citizens and residents of the County due to the investment to be made, or

caused to be made, and the jobs to be created, or caused to be created, by the Company, all

of which contribute to the tax base and the economic welfare of the County, and,

accordingly, the County wishes to induce the Company to undertake the Project by offering

certain negotiated FILOT and multi-county industrial or business park benefits with respect

to the Project, as set forth herein, all of which shall be further described and documented

in a Fee in Lieu of Tax Agreement to be entered into by the County and the Company (the

“FILOT Agreement”);

WHEREAS, the incentives provided to the Project would be subject to review by

the County and possible adjustments or clawbacks if the actual capital investment or job

creation is less than the capital investment or job creation described herein, which benefits

were the basis for this understanding; and

WHEREAS, the Company understands that to approve and implement any of the

incentives, the County will have to comply with all constitutional and statutory

requirements, and those requirements may, depending upon the specific proposal involved,

include the need to make certain findings with respect to the Project and obtain certain

requisite approvals from other councils and bodies and their own governing bodies as

required by law, all of which will be evidenced in the definitive documents.

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RESOLUTION

NOW, THEREFORE, BE IT RESOLVED by the Council, as follows:

As contemplated by Section 12-44-40(I) of the Negotiated FILOT Act, the County

makes the following findings and determinations:

The Project will constitute a “project” within the meaning of the Negotiated

FILOT Act; and

The Project, and the County’s actions herein, will serve the purposes of the

Negotiated FILOT Act; and

The Project is anticipated to benefit the general public welfare of the State

and the County by providing services, employment, recreation, or other public

benefits not otherwise provided locally; and

The Project gives rise to no pecuniary liability of the County or incorporated

municipality or a charge against its general credit or taxing power; and

The purposes to be accomplished by the Project are proper governmental

and public purposes; and

The benefits of the Project are greater than the costs.

The County hereby agrees to enter into the FILOT Agreement with the

Company, whereby the Company will agree to satisfy, or cause to be satisfied,

certain investment requirements with respect to the Project within certain

prescribed time periods in accordance with the Negotiated FILOT Act and the

County, under certain conditions to be set forth in the FILOT Agreement, will agree

to accept a negotiated fee in lieu of ad valorem tax payments with respect to the

Project (the “Negotiated FILOT”).

The Negotiated FILOT shall be determined using:

(1) An assessment ratio of six percent (6%);

(2) The lowest millage rate allowed with respect to the Project

pursuant to Section 12-44-50(A)(1)(d) of the Negotiated

FILOT Act, which millage rate shall be fixed pursuant to

Section 12-44-50(A)(1)(b)(i) of the Negotiated FILOT Act

for the full term of the Negotiated FILOT;

(3) The fair market value of the Project, determined in

accordance with the Negotiated FILOT Act; and

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(4) Such other terms and conditions as will be specified in the

FILOT Agreement, including, without limitation, that the

Company, in its sole discretion, may dispose of property and

replace property subject to Negotiated FILOT payments to

the maximum extent permitted by the Negotiated FILOT

Act.

(5) The FILOT arrangement shall be available for twenty (20)

years for each part of the Project up to a maximum of twenty-

five (25) years for the FILOT arrangement should the Project

be completed and put into service in more than one (1) year.

At the conclusion of the twenty-year period after each part

of the Project is placed in service, FILOT Payments shall be

due to the County on such part of the Project equal to the

property taxes that would be due on such part if it were

taxable as provided in the FILOT Act.

In addition, pursuant to the Special Source Act, the County hereby agrees that the

FILOT Agreement shall require the County to provide, under certain conditions to be set

forth in the FILOT Agreement, Special Source Revenue Credits against each Negotiated

FILOT payment due from each credit eligible entity with respect to the Project for a period

of five (5) consecutive tax years in an amount equal to sixty-five percent (65%) of each

such Negotiated FILOT payment (provided, however, that such Special Source Revenue

Credits shall not exceed the cumulative amount of Seven Hundred Thousand Dollars

($700,000.00)), commencing with the tax year for which the initial Negotiated FILOT

payment is due from any such credit eligible entity; provided, however, that in accordance

with the Special Source Act, the Special Source Revenue Credits shall not, in the aggregate,

exceed the aggregate cost of Special Source Improvements funded from time to time in

connection with the Project by the Company and all other sponsors or sponsor affiliates.

The County will use its best efforts to insure that the Project will be included, if not

already included, and will remain, within the boundaries of a multi-county industrial or

business park pursuant to the provisions of the Multi-County Park Act and Article VIII,

Section 13(D) of the State Constitution on terms which provide the Company and the

Project with any additional jobs creation tax credits afforded by the laws of the State for

projects located within multi-county industrial or business parks.

The provisions, terms, and conditions of the FILOT Agreement shall be subject to

approval by subsequent Ordinance of the Council. The FILOT Agreement are to be in

substantially the form customarily used by the County for similar transactions with such

changes therein as shall be approved by said Ordinance.

The Chairman of the Council, the County Administrator, and the Clerk to the

Council, for and on behalf of the County, are hereby each authorized, empowered, and

directed to do any and all things necessary or proper to effect the performance of all

obligations of the County under and pursuant to this Resolution.

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The execution and delivery of the FILOT Agreement are subject to the enactment

by the Council of an ordinance authorizing the same and, in conjunction therewith,

compliance with the provisions of the Home Rule Act regarding the procedural

requirements for enacting ordinances.

All orders, resolutions, and parts thereof in conflict herewith are to the extent of

such conflict hereby repealed. This Resolution shall take effect and be in full force upon

adoption by the Council.

Done in meeting duly assembled this 18th day of July 2017.

CHARLESTON COUNTY, SOUTH CAROLINA

By:

A Victor Rawl, Chairman, County Council

Charleston County, South Carolina

[SEAL]

Attest:

By:

Beverly Craven, Clerk to County Council

Charleston County, South Carolina

An ordinance authorizing financial incentives to TMobile USA was given first reading by title only. AN ORDINANCE AUTHORIZING: 1) THE EXECUTION AND DELIVERY OF (A) A FEE IN LIEU OF TAX AND INCENTIVE AGREEMENT BY AND BETWEEN THE COUNTY AND T-MOBILE, PURSUANT TO WHICH THE COUNTY SHALL COVENANT TO ACCEPT CERTAIN NEGOTIATED FEES IN LIEU OF AD VALOREM TAXES WITH RESPECT TO THE ESTABLISHMENT AND/OR EXPANSION OF CERTAIN FACILITIES IN THE COUNTY; 2) THE BENEFITS OF A MULTI-COUNTY INDUSTRIAL OR BUSINESS PARK TO BE MADE AVAILABLE TO THE COMPANY IN CONNECTION THE FOREGOING FACILITIES; AND 3) PROVIDING FOR THE ALLOCATION OF FEE-IN-LIEU OF TAXES PAID BY THE COMPANY UNDER THE AGREEMENT FOR ESTABLISHMENT OF MULTI-COUNTY INDUSTRIAL/BUSINESS PARK; 4) OTHER MATTERS RELATING THERETO. The ordinance in its entirety will appear in the Minutes of Charleston County Council at the time of third reading.

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A report was provided by the Finance Committee under date of July 18, 2017, that it considered the information furnished by County Administrator Jennifer Miller and Facilities Director Tim Przybylowski regarding the need to officially name the five new County Libraries. Committee also considered information provided by the Charleston County Public Library Board of Trustees. It was stated that the building process has reached a point where the library names for the new branches need to be finalized. The book vendor has begun organizing the Opening Day Collections for each library and each book needs to be labeled with a branch name. The process takes a year to undertake. Committee recommended that Council authorize the naming of the five new libraries as follows:

Wando Mt. Pleasant Library – for the new library in Mt. Pleasant

Bees Ferry West Ashley Library – for the new library in West Ashley

R. Keith Summey North Charleston Library – for the new library to replace Cooper River Memorial Library

St. Paul’s Hollywood Library – for the new library in Hollywood

Baxter Patrick James Island Library – for the new library on James Island Mr. Pryor moved approval of the committee recommendation. The motion was seconded by Ms. Johnson. The Chairman called for a roll call vote on the motion. The roll was called and votes recorded as follows:

Darby - absent Johnson - aye Moody - aye Pryor - aye Qualey - absent Sass - nay Schweers - nay Summey - aye Rawl - aye The vote being five (5) ayes, two (2) nays, and two (2) absent, the Chairman declared the motion to have passed. Messrs. Schweers and Sass noted that they voted against the motion because of their disagreement with naming County facilities with people who are currently alive. A report was provided by the Finance Committee under date of July 18, 2017, that it considered the need to appoint a new Clerk of Council due to the pending retirement of Beverly T. Craven. Committee recommended that Council appoint Kristen L. Salisbury Clerk of Council upon the retirement of Beverly T. Craven. Mr. Pryor moved approval of the recommendation, seconded by Mr. Summey, and carried unanimously.

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Many of the Councilmembers congratulated Mrs. Salisbury. There being no further business to come before the Body, the Chairman declared the meeting to be adjourned.

Kristen L. Salisbury Deputy Clerk of Council

Documents

Charleston, SC A meeting of Charleston County Council … Chairman asked Ms. Johnson to assist with the presentation regarding the ... and these Gullah-Geechee influences have helped