RES 2015-23 Adopted RESOLUTION 2015-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH
AUGUSTA, SOUTH CAROLINA, ESTABLISHING PROCEDURES FOR
PROCESSING DEVELOPMENT AGREEMENT IN THE CITY OF NORTH
AUGUSTA, SOUTH CAROLINA; AND OTHER MATTERS RELATED THERETO
WITNESSETH
WHEREAS, Section 6-31-10 of the Code of Laws of South Carolina, 1976, as
amended, commonly referred to as the South Carolina Local Government Development
Agreement Act (the "Act"), authorizes the governing body of a city to enter into land
development agreements to provide certainty to the development approval process so as to
avoid wastes of economic and land resources and to ensure the provision of adequate public
facilities to accommodate development;
WHEREAS, Section 6-31-30 of the Act provides that a city council may establish
procedures and requirements to consider and enter into development agreements; and
WHEREAS, the City Council of the City of North Augusta (the "City Council"), the
governing body of the City of North Augusta, South Carolina (the "City"), in recognition of
the potential growth with which the City may be faced and of the circumstance that
development agreements may be an appropriate means of evaluating and addressing
growth, has determined it to be in the public interest to establish a procedure to be utilized
in the City as and when development agreements are requested;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council, this
21 day of Strjf,-.,,13, , 2015, that the following procedure be used to consider and
enter into development agreements in the City:
1. A developer, as defined in the Act, shall consult with the City Administrator
of the City (the "City Administrator"), or such staff as he shall designate, to discuss the
propriety of a development agreement for a contemplated development.
2. Unless otherwise designated by the City Administrator, the developer shall
be responsible for submitting a draft of a proposed development agreement (referred to
herein as an "agreement" or the "development agreement"). The agreement must include
the mandatory provisions of Section 6-31-10 of the Act, and such other provisions to which
City staff and the developer may have discussed. If a Planned Unit Development (PUD) is
proposed as part of the agreement, it must include such information as is required by the
Zoning Ordinances of the City, the North Augusta Land Development Regulations, and
other submittal requirements as may be in effect.
3. The developer and designated City staff shall consult and review the
agreement and make such modifications as deemed appropriate, and the City Administrator
is authorized to retain such outside professional assistance as may be desirable. All costs of
professional review of the agreement, including consultants and attorneys, shall be the
responsibility of the applicant, unless otherwise agreed by City Council. The City
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Administrator may require a non-refundable deposit toward such fees and costs in his
discretion.
4. The agreement must be reviewed and approved as to form by the City
Attorney.
5. When the agreement is ready for consideration by the City Council, a public
hearing will be noticed, at least seven (7) days in advance thereof, in a newspaper of
general circulation in the City and Aiken County. The notice must specify the location of
the property subject to the development agreement, the development uses proposed on the
property, the place where a copy of the proposed development agreement can be obtained
and/or reviewed, and otherwise comply with the provisions of Section 6-31-50 of the Act,
as the same may from time to time be amended.
6. At the first public hearing, the date, time and place of a second public
hearing shall be announced.
7. A second public hearing will be held by the City Council and it must be
noticed at least fourteen (14) days in advance in a newspaper of general circulation in the
City and Aiken County. The notice shall include the items and requirements of Paragraph 5
hereof.
8. If a development agreement is found by the City Council to be in the interest
of the City, an ordinance approving and authorizing the development agreement shall be
enacted. At its election, City Council may give first reading to such an ordinance at the
first public hearing.
This resolution shall be effective as of final reading approval by City Council,
provided that any development agreement application previously filed with the City before
that date will only be subject to such of the public notice timing provisions as remain; i.e., if
the first public hearing has already been scheduled and announced, the seven day notice
shall not be applicable,but the fourteen day notice for the second public hearing shall.
Requested by:
MAYOR
Ap;ro✓e-d by:
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Ci Ad MIStrator
Approved as rm: ATTEST:
City At i '!e' City Clerk
Intro iuced:
Final Reading:
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