YORK COUNTY GOVERNMENT

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1 MEMORANDUM TO: FROM: RE: DATE: June 20, 2016 York County Council York County Planning Commission Audra Miller, Planning Director YORK COUNTY GOVERNMENT Planning & Development Services Proposed Revisions to the Traffic Impact Analysis, Preliminary Plat Process and Zoning Map Amendment Ordinances Customer Service (803) Building & Codes Division (803) Planning Division (803) Zoning Division (803) Administration (803) Per County Council request and direction, the Planning and Development Services Department (Department) has prepared the attached revisions to the Traffic Impact Analysis (TIA). The County Council requested this Department strengthen the TIA requirements, including making TIAs mandatory for all projects. The following is a tentative adoption schedule: June 20, 2016: Council First Reading July 11, 2016: Planning Commission Recommendation July 18, 2016: Council Second Reading with Public Hearing August 15, 2016: Council Third Reading The following is a summary of draft recommendations created by Planning & Development Services. The attached proposed changes have been reviewed by the Office of County Attorney. Staff recommends approval of the proposed draft ordinance changes. CHAPTER 154: Subdivision Code 1. Definitions a. The following definitions have been added: i. AASHTO American Association of State Highway and Transportation Officials ii. ADT Average Daily Trips iii. ITE Institute of Transportation Engineers iv. TIAMG Traffic Impact Analysis Methodology Guidelines 2. Traffic Impact Analysis a. The existing TIA ordinance is being replaced by the ordinance presented for review and approval. Many of the existing provisions are being maintained, but additional requirements have been added. The following provisions are being added: 1

2 i. TIAs are mandatory for all rezonings, preliminary plats, and site plan applications, and certain special exceptions. ii. Applicants must include a preliminary site evaluation identifying key project details. iii. Depending on the level of impact to the transportation network, a Tier 1 or Tier 2 TIA will be required. iv. If minimal or no impacts will result from the proposed development, the Department may waive further analysis. v. Tier 2 TIAs shall be prepared in accordance with the Traffic Impact Analysis Methodology Guidelines. b. The following options for recommendations have been added: i. Time the commencement of construction on a project with the construction of identified and funded regional traffic improvements (RFATS, Pennies for Progress, SCDOT, etc.) that would help mitigate traffic impacts from the proposed development; and ii. For background traffic improvements, recommend the developer pay the proportional share of improvements. Staff is recommending the ordinance take effect September 1, Staff is making this recommendation to allow this Department to revise applications, complete the Traffic Impact Analysis Methodology Guidelines, educate the public and department staff on the new standards, and update websites and public information materials. Thank you for your attention to this matter and please contact me at or with input or questions. 2

3 Ordinance No.: Adopted: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, CHAPTER 154, ENTITLED SUBDIVISION CODE, SECTIONS , DEFINITIONS; AND , PLAT APPROVAL PROCESS: STREETS; IN ORDER TO ADD DEFINITIONS FOR AVERAGE DAILY TRIPS, AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS, INSTITUTE OF TRANSPORTATION ENGINEERS, AND TRAFFIC IMPACT ANALYSIS METHODOLOGY GUIDELINES; TO AMEND TRAFFIC IMPACT ANALYSIS REQUIREMENTS IN THEIR ENTIRETY; TO PROVIDE FOR A PUBLIC HEARING; TO TAKE EFFECT SEPTEMBER 1, 2016; AND TO PROVIDE FOR OTHER MATTERS RELATING THERETO. BE IT ORDAINED AND ENACTED BY THE COUNTY COUNCIL OF YORK COUNTY, SOUTH CAROLINA: SECTION 1. Legislative findings. As an incident to the adoption of this ordinance, the York County Council, as the governing body of York County, South Carolina, has made the following legislative findings: 1.1 Council is empowered to enact ordinances for the implementation and enforcement of powers granted to Council pursuant to Sections (9), (14), and (17), S.C. Code Ann., as amended and to exercise such other powers authorized for counties under S.C. Code Ann et seq Council finds that this ordinance will: (A) Ensure traffic impact analyses adequately identify and analyze potential impacts to the County s transportation network from new development; (B) (C) Ensure such impacts are adequately mitigated by the developer/property owner; Enable reviewing and approving bodies to have sufficient information regarding potential impacts to the County s transportation network and proposed mitigation to make informed decisions regarding applications for new development; and (D) Promote the public health, safety, order, and general welfare. SECTION 2. Code of York County Amended. GENERAL PROVISIONS Chapter Definitions 1

4 Chapter 154, Section , within the York County Code of Ordinances, is hereby amended to include the following definition to be placed in alphabetical order before Base Flood: AASHTO. American Association of State Highway and Transportation Officials. Chapter 154, Section , within the York County Code of Ordinances, is hereby amended to include the following definition to be placed in alphabetical order between AASHTO and Base Flood: ADT. Average Daily Trips. Chapter 154, Section , within the York County Code of Ordinances, is hereby amended to include the following definition to be placed in alphabetical order between Improvements, Public and Key Map: ITE. Institute of Transportation Engineers Chapter 154, Section , within the York County Code of Ordinances, is hereby amended to include the following definition to be placed in alphabetical order between Surveyor and Title: TIAMG. Traffic Impact Analysis Methodology Guidelines. PLAT APPROVAL PROCESS Chapter STREETS. Chapter 154, Section within the York County Code of Ordinances is hereby deleted in its entirety and replaced to now read as follows: TRAFFIC IMPACT ANALYSIS. Traffic impact analysis. The intent of this section is to provide the information necessary to allow decision-makers to assess the transportation implications of traffic associated with a proposed development, to address the transportation-related issues associated with development proposals that may be of concern to neighboring residents, business owners and property owners, and to provide a basis for negotiating improvements and funding participation in conjunction with an application for development. This section establishes requirements for the analysis and evaluation of transportation impacts associated with proposed developments. (A) Purpose. A traffic impact analysis will be required for all rezoning applications, subdivisions (preliminary plats), site plans, and certain special exceptions. The purpose of a traffic impact analysis will be to: 2

5 (1) Provide the County adequate information to assess proposed development impacts to the County s transportation network; (2) Evaluate traffic operations and impacts at site access points under projected peak period traffic loads; (3) Evaluate the impact of site-generated traffic on affected intersections in the vicinity of the development site; (4) Evaluate the impact of site-generated traffic on the quality of traffic flow within a reasonable distance of the site of development; (5) Evaluate the impact of the proposed development on existing residential subdivision streets in the vicinity of the site; (6) Ensure that site access and other improvements needed to mitigate the traffic impact of the development meet commonly accepted engineering design standards; (7) Ensure that adequate facilities for pedestrians, transit users and bicyclists have been provided; (8) Identify transportation infrastructure needs and related costs created by the development and cost sharing for the needed improvements; and (9) Ensure transportation related infrastructure is adequate to address additional residential, institutional, recreational, commercial, and industrial development. (B) Applicability. A traffic impact analysis shall be required for any land use plan amendment, amendment to the zoning map, subdivision preliminary plat, and application for site plan approval, and certain special exception permits. As part of the application process, the applicant shall submit a preliminary site evaluation. This analysis shall include the following: (1) Existing use or last known use and date of last known use for structures that have been unoccupied for longer than six months; (2) Total acreage for the project; (3) Proposed use; and (4) Total square footage for buildings (existing and proposed). Staff will review the preliminary site evaluation and determine the appropriate traffic impact analysis to be performed. Depending on the anticipated impact to the transportation network, the applicant will be required to either conduct a Tier 1 or Tier 2 traffic impact analysis. The Department may determine a proposed project will have no impact or minimal impact on the transportation network, and further study is not required. 3

6 (C) Tier 1 Traffic Impact Analysis. A Tier 1 traffic impact analysis shall be utilized for proposed development (new, expansion of an existing use, or replacement of an existing use with a different use) anticipated to generate either a small increase in existing peak hour (a.m. or p.m.) trips and/or ADT or generate a small number of new peak hour (a.m. or p.m.) trips and/or ADT, which would have a minimal impact on existing Levels of Service. A Tier 1 traffic impact analyses shall include, at a minimum: (1) Existing and proposed use; (2) Total square footage for the buildings (existing and proposed); (3) Existing and proposed trips generated according to the ITE Trip Generation Manual; and (4) Description of anticipated impacts on existing Levels of Service. If the existing or proposed use is not identified in the ITE Trip Generation Manual, the applicant may obtain trip counts from existing similar uses or use another source approved by the Planning and Development Services Department. The letter must be signed and stamped by a South Carolina licensed civil engineer. The Planning and Development Services Department shall review and approve a Tier 1 traffic impact analysis prior to the applicable application being presented for review and consideration by the applicable reviewing body. Generally, a Tier 1 traffic impact analysis is appropriate for projects that will generate less than 400 ADTs or less than 100 peak hour trips per day. If the Planning and Development Services Department determines the information does not support a determination of a minimal impact, the applicant shall be required to perform Tier 2 traffic impact analysis. The Planning and Development Services Department may require a Tier 2 traffic impact analysis even if a proposed development generates less than 400 average daily trips per day or less than 100 peak hour trips per day if the proposed project is located in proximity to other development generating a significant number of average daily trips and/or peak hour trips and the addition of the proposed project trips potentially has a detrimental cumulative impact to the overall transportation network or creates public safety concern. (D) Tier 2 Traffic Impact Analysis. A Tier 2 traffic impact analysis shall be utilized for proposed development (new, expansion of existing use, or replacement of an existing use with a higher intensity use) anticipated to generate a large number of peak hour (a.m. or p.m.) trips or ADT, which would have a significant impact on existing Levels of Service. A Tier 2 traffic impact analysis will be required for all projects generating more than 400 ADTs; 100 or more peak hour trips per day; or the proposed development proposes 30 or more individual residential 4

7 lots. For all applicable applications, the applicant shall submit the application and then the applicant, the Planning and Development Services staff, and SCDOT will conduct a scoping meeting in accordance with York County s TIAMG and SCDOT regulations. (E) Traffic service standards. The standards for traffic service that shall be used to evaluate the findings of traffic impact analyses are: (1) Level of service. For minor streets, a Level-of-Service (LOS) C or better shall be maintained. On major streets, a LOS D or better shall be maintained. Level of service will be measured for segments and intersections using ITE standards for LOS calculation. Where the existing LOS is below these standards, the traffic impact analysis shall identify those improvements required to ensure that development related traffic demands result in no net reduction in LOS, and identify additional improvements needed to raise the level of service to the standards on the applicable street to the adopted LOS standard. (2) Number of access points. The number and spacing of access points shall comply with applicable county, state and AASHTO standards. (3) Residential street impact. No non-residential development shall increase the traffic on an existing residential subdivision street with at least 300 average daily trips by more than 25%. (4) Internal circulation. On-site vehicle circulation and parking patterns shall be designed so as not to interfere with the flow of traffic on any public street and shall accommodate all anticipated types of site traffic. (5) Safety. Access points shall be designed to provide for adequate sight distance and appropriate facilities to accommodate acceleration and deceleration of site traffic. Measurements and photos are to be provided to document the sight distance at proposed driveway locations. (6) Curb space use plan. Details shall be provided on curb space use on public streets along the edge of the development site when it is intended that such areas be used for parking, parking space access, delivery and loading zones, passenger zones, taxi cab stands, bus stops, fire zones and/or other official/emergency zones. This review shall include a description of existing conditions prior to development and proposed changes resulting from the development, including a description of any loss or gain in curb space use by the activities intended. (F) Coordination with SCDOT. The applicant shall coordinate with the SCDOT and local road authorities to determine whether planned roadway or intersection improvements affect the capacity of the roadway or designs of roadways or access points proposed by the applicant. 5

8 (G) Preparation and Acceptance of a Tier 2 Traffic Impact Analysis. A Tier 2 traffic impact analysis shall be prepared in accordance with the TIAMG and SCDOT standards and guidelines, as applicable. An application cannot proceed for consideration by the Planning Commission, Zoning Board of Appeals, or County Council until the Planning and Development Services Department and SCDOT, if applicable, have approved the traffic impact analysis. (H) Report findings and mitigation. If the Transportation Planner and representatives from all jurisdictions involved in the construction and maintenance of public roadways serving the development find that the proposed development will not meet applicable service level standards, staff shall recommend one or more of the following: (1) Reduce the size, scale, scope or density of the development to reduce traffic generation; (2) Divide the project into phases and authorize only one phase at a time until traffic capacity is adequate for the next phase of development; (3) Time the commencement of construction on a project with the construction of identified and funded regional traffic improvements (RFATS, Pennies for Progress, SCDOT, etc.) that would help mitigate traffic impacts from the proposed development; (4) Dedicate right-of-way for street improvements; (5) Construct new streets; (6) Improve intersection design and/or signalization; (7) Provide street connections to additional existing public streets; (8) Redesign ingress and egress to the project to reduce traffic conflicts; (9) Alter the use and type of development to reduce peak hour traffic; (10) Integrate non-vehicular design components (such as pedestrian and bicycle paths or transit improvements) to reduce trip generation; (11) Recommend approval of the development contingent upon making improvements or addressing items required to mitigate traffic and access issues and impacts; (12) For background traffic improvements, recommend the developer pay the proportional share of improvements; or (13) Recommend denial of the application for development for which the traffic impact analysis is submitted. (I) For applications that are reviewed and approved by the Planning & Development Services Department, the Planning Director shall have final authority to enforce a recommendation. If an applicant disagrees with the Planning Director s decision, the applicant 6

9 may appeal the decision to the Planning Commission pursuant to the procedures identified in SECTION 3. Public Hearing Required. The York County Council shall conduct a public hearing after publishing a notice of the date, time and place of such hearing at least fifteen (15) days in advance of such hearing before final legislative action is taken for the adoption of this ordinance. SECTION 4. Severability. The provisions of this ordinance are hereby declared to be severable, and if any provision or section of this ordinance is declared to be unconstitutional or unenforceable by the final order of a court of competent jurisdiction, such declaration shall not affect the constitutionality, legality, or enforceability of any other section or provision of this ordinance, which shall be deemed severable, valid, enforceable, and effective. SECTION 5. Repeal of inconsistent sections and ordinances. All sections of the York County Code of Ordinances and all York County ordinances in conflict with this ordinance are hereby amended to the extent of such conflict. SECTION 6. Effective date. This ordinance shall take effect September 1, Adopted this day of, YORK COUNTY COUNCIL By: J. Britt Blackwell, O.D., Chairman York County Council Attest: William P. Shanahan, Jr. County Manager 1 st Reading: 7

10 2 nd Reading: Public Hearing: 3 rd Reading: 8

11 YORK COUNTY GOVERNMENT Planning & Development Services MEMORANDUM TO: FROM: RE: York County Council York County Planning Commission Audra Miller, Planning Director Proposed Revisions to the Initiation of Amendment and Planning Commission Report Codes Customer Service (803) Building & Codes Division (803) Planning Division (803) Zoning Division (803) Administration (803) DATE: June 20, 2016 Per County Council request and direction, the Planning and Development Services Department (Department) has prepared the attached revisions to the Initiation of Amendment and Planning Commission Report code provisions, in conjunction with the revisions to the Traffic Impact Analysis (TIA). The County Council requested this Department to strengthen the TIA requirements, including making TIAs mandatory for all projects. As a result of revising the TIA ordinance, the Initiation of Amendment and Planning Commission Report requirements need to be revised as well. The following is a tentative adoption schedule: June 20, 2016: Council First Reading July 11, 2016 Planning Commission Recommendation July 18, 2016: Council Second Reading with Public Hearing August 15, 2016: Council Third Reading The following is a summary of draft recommendations created by Planning & Development Services. The attached proposed changes have been reviewed by the Office of County Attorney. Staff recommends approval of the proposed draft ordinance changes. CHAPTER 155: Zoning Code 1. Definitions a. The definition of Site Plan has been amended to include proposed detention basins, existing and proposed easements, and existing and proposed water and sewer utility lines. 2. Initiation of Amendment a. A site plan and TIA has been added to the list of required amendment (rezoning) application items; b. The paragraph addressing the authority for the Planning and Development Services Department to require additional items for site plan approval has been moved from to ; and c. A provision that precludes an application for amendment (rezoning) from being presenting to the Planning Commission until the Department deems the application complete has been added. 1

12 3. Planning Commission Report a. A provision has been added requiring the Planning Commission to identify the reason(s) they did not adopt the Department s recommended traffic improvements as part of the Planning Commission s recommendation for a rezoning application. Staff is recommending the proposed revisions take effect September 1, Staff is making this recommendation to allow this Department to update applications and the website, educate the public, Planning Commission, and staff on the new requirements, and align with the implementation of the TIA ordinance revisions. Thank you for your attention to this matter and please contact me at or with input or questions. 2

13 Ordinance No.: Adopted: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, CHAPTER 155, ENTITLED ZONING CODE, SECTIONS , DEFINITIONS; , INITIATION OF AMENDMENT, SUBSECTIONS (B), (C) AND (D); AND , PLANNING COMMISSION REPORT, SUBSECTION (B); IN ORDER TO AMEND THE DEFINITION OF SITE PLAN; REQUIRE A SITE PLAN AND TRAFFIC IMPACT ANALYSIS BE SUBMITTED FOR ALL APPLICATIONS FOR AMENDMENT (REZONING); TO PRECLUDE THE PLANNING COMMISSION FROM CONSIDERING APPLICATION FOR AMENDMENT (REZONING) UNTIL AN APPLICATION IS COMPLETE; TO ADD TRAFFIC IMPACT FACTORS AS A CONSIDERATION FOR THE PLANNING COMMISSION REPORT; TO PROVIDE FOR A PUBLIC HEARING; TO TAKE EFFECT SEPTEMBER 1, 2016; AND TO PROVIDE FOR OTHER MATTERS RELATING THERETO. BE IT ORDAINED AND ENACTED BY THE COUNTY COUNCIL OF YORK COUNTY, SOUTH CAROLINA: SECTION 1. Legislative findings. As an incident to the adoption of this ordinance, the York County Council, as the governing body of York County, South Carolina, has made the following legislative findings: 1.1 Council is empowered to enact ordinances for the implementation and enforcement of powers granted to Council pursuant to Sections (9), (14), and (17), S.C. Code Ann., as amended and to exercise such other powers as may be authorized for counties under Sections et seq., S.C. Code Ann., as amended. 1.2 Council finds that this ordinance will: (A) Ensure applicants for amendments to the zoning code (rezonings) fully identify potential impacts to the County s transportation network by requiring the submission of site plans and traffic impact analyses with all applications; (B) Assist the Planning Commission in reviewing and making recommendations regarding applications for amendment to the zoning code (rezonings); (C) Assist the County Council in reviewing and making decisions on applications for amendments to the zoning code (rezonings); and (D) Promote the public health, safety, order, and general welfare. SECTION 2. Code of York County Amended. GENERAL PROVISIONS 1

14 Chapter 155, Section DEFINITIONS Chapter 155, Section , within the York County Code of Ordinances, is hereby amended by revising the definition of site plan to now read as follows: SITE PLAN. A scale drawing showing the relationship between the lot lines and their uses, buildings or structures, existing or proposed on a lot, including such details as parking areas, access points, landscaped area, building areas, setbacks from lot lines, building heights, floor areas, densities, septic tank tile fields or existing and proposed water and sewer utility lines, utility lines and currents, proposed detention basins, existing or proposed easements, or a special or particular use. AMENDMENTS Chapter 155, Section INITIATION OF AMENDMENT Chapter 155, Section , within the York County Code of Ordinances, is hereby amended to now read as follows: (A) Proposed changes or amendments to this chapter may be initiated by the York County Council, the York County Planning Commission or the property owner/agent (with notarized approval by the property owner) of the property proposed to be rezoned. (B) Before an amendment application can be accepted by the zoning department, the following information is required, including, but not limited to: (1) Original application (facsimile and copies are not acceptable); (2) Applicant s and recorded property owner s signature must be on the application, or an original notarized statement authorizing an agent to request the amendment on their behalf must be provided; (3) Survey of the lot(s) of record (deeds will be accepted where a survey has not been performed); (4) Required fee; (5) Deed of the lot(s) of record.; (6) A site plan, as defined in the definitions section of this Chapter; and (7) Traffic Impact Analysis as identified in of the York County Code. (C) The Planning and Development Services Department may establish additional requirements for site plan approval, and in special cases, may waive a particular requirement, if, 2

15 in the Department s opinion, the inclusion of the requirement is not essential to the proper assessment of the project. (D) The application for rezoning shall not be presented to the Planning Commission until the application is deemed complete by the Planning and Development Services Department. An application is not considered complete until the Department has reviewed and approved the traffic impact analysis. (E) Under no condition will the fees or any part thereof be refunded for failure of the amendment to be adopted; provided, however, 100% of the fee will be returned if the request is withdrawn prior to the posting and advertisement of the public hearing or 50% of the fee will be returned if the proposal is withdrawn prior to the announced public hearing. The fee is required even in instances in which the amendment is initiated by the York County Council. The County Council must designate at the time of initiation the person(s) or agent(s) who will be responsible for paying the fee; if no person(s) or agent(s) is designated, the fee will not be required. When the County Council proposes an amendment which would change the zoning of a particular tract(s) or parcel(s) of land, then following the initiation of the amendment, the zoning department will notify the owner of the property by written notice by registered or certified mail, requiring a return receipt, deposited in the United States mail, properly stamped, certified and addressed to the owner of the property. The letter will be dated and mailed at least 21 days prior to the Council meeting at which the public hearing of the zoning amendment or change will be considered. If the addressee of any required notice under this section fails or refuses to accept or sign a return receipt for the notice, or the notice is returned undelivered, the notice may be served by regular mail, deposited in the United States mail, properly stamped, to the address used by the addressee for tax purposes, or the notice may be served in any manner permitted under Rule 4 of the South Carolina Rules of Civil Procedure, and an affidavit of the official required to give the notice, setting forth the time and manner of service of the notice, will be conclusive evidence of the giving of the notice under this section. (F) Notice of the public hearing regarding any amendment will be advertised at least 15 days prior to the public hearing in a newspaper of general circulation in York County. Notice will be given by adequately posting the properties affected, with at least one notice being visible from each public thoroughfare that abuts the property, at least 15 days prior to the public hearing. (G) Once notice is posted on the subject property or properties by county staff, the property owner or applicant is responsible for maintaining the sign(s) prior to the public hearing. If the sign or signs are removed, become damaged and unreadable, or not visible from each street(s) 3

16 that abuts the property once posted by county staff for the advertised public hearing date, the public hearing may be postponed upon motion and affirmative vote of the County Council to postpone, at which time the public hearing must be re-advertised. (H) Written Notification policy. The Planning and Development Services Department shall maintain written notification policy that may be amended from time to time. This policy may include additional notice requirements that exceed minimum South Carolina statutory requirements. (I) All notice provisions require substantial compliance. Chapter 155, Section PLANNING COMMISSION REPORT Chapter 155, Section within the York County Code of Ordinances, is hereby amended to now read as follows: (A) The Planning Commission will prepare a report and make recommendations on any proposed amendment, stating its findings and its evaluation of the request. (B) In making its report, the Commission will consider the following factors: (1) The relationship of the request to the Official Land Use and Development Plan; (2) Whether the request violates or supports the plan; (3) Whether the uses permitted by the proposed change would be appropriate in the area concerned; (4) Whether adequate public school facilities, roads and other public services exist or can be provided to serve the needs of the development likely to take place as a result of the change, and the consequence of the change; (5) Staff recommendations regarding mitigation for traffic impacts caused by the development. If the Commission does not adopt the staff recommendations, the Commission shall identify the reasons why the Commission rejected staff s recommendations; (56) Whether the proposed change is in accord with any existing or proposed plans for providing a public water supply and sanitary sewer to the area; and, (67) The amount of vacant land currently classified for similar development in the vicinity and elsewhere in the county and any special circumstances which may make a substantial part of the vacant land unavailable for development. 4

17 (7) The zoning department may establish additional requirements for site plan approval, and in special cases, may waive a particular requirement if, in the department s opinion, the inclusion of that requirement is not essential to a proper assessment of the project. SECTION 3. Public Hearing Required. The York County Council shall conduct a public hearing after publishing a notice of the date, time and place of such hearing at least fifteen (15) days in advance of such hearing before final legislative action is taken for the adoption of this ordinance. Additionally, the York County Council hereby invokes the Pending Ordinance Doctrine, which shall apply to this ordinance after publication of the public hearing notice. SECTION 4. Severability. The provisions of this ordinance are hereby declared to be severable, and if any provision or section of this ordinance is declared to be unconstitutional or unenforceable by the final order of a court of competent jurisdiction, such declaration shall not affect the constitutionality, legality, or enforceability of any other section or provision of this ordinance, which shall be deemed severable, valid, enforceable, and effective. SECTION 5. Repeal of inconsistent sections and ordinances. All sections of the York County Code of Ordinances and all York County ordinances in conflict with this ordinance are hereby amended to the extent of such conflict. SECTION 6. Effective date. This ordinance shall take effect September 1, Adopted this day of, YORK COUNTY COUNCIL By: J. Britt Blackwell, O.D., Chairman York County Council 5

18 1 st Reading: Attest: William P. Shanahan, Jr. County Manager 2 nd Reading: Public Hearing: 3 rd Reading: 6

19 YORK COUNTY GOVERNMENT Planning & Development Services MEMORANDUM TO: FROM: RE: DATE: June 20, 2016 York County Council York County Planning Commission Audra Miller, Planning Director Proposed Revisions to the Preliminary Plat Process Customer Service (803) Building & Codes Division (803) Planning Division (803) Zoning Division (803) Administration (803) Per County Council request and direction, the Planning and Development Services Department (Department) has prepared the attached revisions to the Plat Approval and Preliminary Plat Application and Supporting Data code provisions, in conjunction with the revisions to the Traffic Impact Analysis (TIA). The County Council requested this Department strengthen the TIA requirements, including making TIAs mandatory for all projects. As a result of revising the TIA ordinance, the preliminary plat procedures need to be revised as well. The following is a tentative adoption schedule: June 20, 2016: Council First Reading July 11, 2016 Planning Commission Recommendation July 18, 2016: Council Second Reading with Public Hearing August 15, 2016: Council Third Reading The following is a summary of draft recommendations created by Planning & Development Services. The attached proposed changes have been reviewed by the Office of County Attorney. Staff recommends approval of the proposed draft ordinance changes. CHAPTER 154: Subdivision Code 1. Plat Approval Process a. The Preliminary Plat Review section has been amended as follows: i. Specify that if a deficiency in the preliminary plat is a required application element, the preliminary plat application will not be presented to the Planning Commission; and ii. Add required Planning Commission findings in order to approve a preliminary plat. 2. Preliminary Plat Application and Support Data (Requirements) a. The option of adding a note to the preliminary plat addressing the need for SCDHEC approval has been added; and b. Clarify that a preliminary plat application is not considered complete until the TIA has been reviewed and approved by the County. 1

20 Staff is recommending the ordinance revisions take effect on September 1, Staff is making this recommendation in order to provide this Department time to update the applications and websites, educate the public, staff, and Planning Commission on the new requirements, and align with the timing of the implementation of the TIA ordinance revisions. Thank you for your attention to this matter and please contact me at or with input or questions. 2

21 Ordinance No.: Adopted: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, CHAPTER 154, ENTITLED SUBDIVISION CODE, SECTIONS , PRELIMINARY PLAT REVIEW, SUBSECTIONS (B) AND (D); AND , PRELIMINARY PLAT APPLICATION AND SUPPORTING DATA (REQUIREMENTS), SUBSECTIONS (A)(1) AND (A)(4); IN ORDER TO REVISE PRELIMINARY PLAT REVIEW PROCEDURES BY REQUIRING ALL APPLICATION REQUIREMENTS BE MET BEFORE THE PLANNING COMMISSION MAY REVIEW AN APPLICATION FOR PRELIMINARY PLAT; TO ESTABLISH FINDINGS FOR PRELIMINARY PLAT APPROVAL BY THE PLANNING COMMISSION; TO AMEND THE APPLICATION REQUIREMENTS FOR A PRELIMINARY PLAT TO INCLUDE TRAFFIC IMPACT ANALYSES; CLARIFY THE APPLICATION REQUIREMENTS REGARDING SCDHEC APPROVAL OF SEPTIC SYSTEMS; TO PROVIDE FOR A PUBLIC HEARING; TO TAKE EFFECT SEPTEMBER 1, 2016; AND TO PROVIDE FOR OTHER MATTERS RELATING THERETO. BE IT ORDAINED AND ENACTED BY THE COUNTY COUNCIL OF YORK COUNTY, SOUTH CAROLINA: SECTION 1. Legislative findings. As an incident to the adoption of this ordinance, the York County Council, as the governing body of York County, South Carolina, has made the following legislative findings: 1.1 Council is empowered to enact ordinances for the implementation and enforcement of powers granted to Council pursuant to Sections (9) and (17), S.C. Code Ann., as amended and to exercise such other powers as may be authorized for counties under Sections et seq. and et seq., S.C. Code Ann., as amended. 1.2 Council finds that this ordinance will: (A) Commission approval; (B) (C) Amend the preliminary plat review process by adding findings for Planning Amend the requirements for preliminary plats by: (i) Requiring a traffic impact analysis be submitted per ; and (ii) Clarify the requirements for individual septic tank approval from SCDHEC; Ensure proposed subdivisions are thoroughly reviewed and analyzed for potential impacts to the County s transportation network; and (D) Promote the public health, safety, order, and general welfare. SECTION 2. Code of York County Amended. 1

22 SUBDIVISION CODE PLAT APPROVAL PROCESS Chapter 154, Section PRELIMINARY PLAT REVIEW. Chapter 154, Sections (B) within the York County Code of Ordinances is hereby amended to now read as follows: (B) Reviewing departments shall indicate in writing to the Planning and Development Services Department any specific inadequacies, comments or conditions affecting the proposed subdivision, anticipated development and surrounding areas. The comments are to be forwarded by the Planning and Development Services Department to the developer or agent within 15 calendar days following the initial submittal. The developer or agent will be required to resubmit the preliminary plat no later than 21 calendar days prior to the Planning Commission meeting. Any item outlined in these comments not resolved by 5:00 p.m. seven calendar days prior to the meeting will be presented to the York County Planning Commission as a plat deficiency unless the applicant requests a deferral agrees to defer to a later meeting. If a deficiency is a required element of the application, as outlined in , the application shall be considered incomplete and shall not be presented to the Planning Commission until all required elements are received. If a deadline or required date of action falls on a Saturday, Sunday or holiday, the deadline or required date of action shall be the next day that is not a Saturday, Sunday or holiday. Chapter 154, Section (D) within the York County Code of Ordinances is hereby amended to now read as follows: (D) The Planning Commission shall not approve a preliminary plat, unless the following findings are made: (1) The developer has provided willingness and capability letters from the applicable water and sewer service provider indicating the water and sewer infrastructure is sufficient to provide service to the development; (2) If the development will be served by individual wells and septic systems, the proposed lots meet minimum square footage requirements per County ordinances; (3) The proposed land use and density complies with the zoning district requirements; (4) Impacts to the transportation network, as identified in the Traffic Impact Analysis, have been adequately mitigated; 2

23 (5) The development provides adequate street connectivity and pedestrian facilities to address public health and safety; (6) The required open space and buffers have been provided; and (1)(7) All other applicable zoning and subdivision code requirements have been satisfied. Chapter 154, Section PRELIMINARY PLAT APPLICATION AND SUPPORTING DATA (REQUIREMENTS). Chapter 154, Section (A) within the York County Code of Ordinances is hereby amended to now read as follows: (A) Any person or corporation desiring to construct a new subdivision road which is to be recognized as a public or private road shall submit the following information to the subdivision administrator: (1) Letter of capability and willingness to provide sewer service to the subdivision from a licensed sewer utility. If the proposed development is to utilize septic tanks, a letter from the State Department of Health and Environmental Control (DHEC) of general suitability shall be submitted for the number of lots proposed or a note must be included on the preliminary plat identifying the development will be served by individual septic systems, approval of the preliminary plat does not entitle or guarantee a permit from SCDHEC, and all final plats must have a SCDHEC permit for individual septic systems for each lot. All extensions of York County sewer system will require a written agreement between York County and the developer prior to preliminary plat; (2) Letter of capability and willingness to provide water service to the subdivision from a licensed water utility. If the proposed development is to utilize wells, this requirement is not applicable. All extensions of York County water system will require a written agreement between York County and the developer prior to preliminary plat; and (3) The preliminary plat shall be drawn at a scale of 200 feet to 1 inch or greater. This map and supporting data shall meet basic standards of design as set forth in these regulations and shall be prepared according to the rules and regulations established for engineers and surveyors by the State Board of Registration for Professional Engineers and Land Surveyors. The preliminary plat is not required to be sealed by the surveyor; and 3

24 (4) A traffic impact analysis as outlined in An application for preliminary plat approval is not deemed complete until the traffic impact analysis has been reviewed and approved by the Planning and Development Services Department. SECTION 3. Public Hearing Required. The York County Council shall conduct a public hearing after publishing a notice of the date, time and place of such hearing at least fifteen (15) days in advance of such hearing before final legislative action is taken for the adoption of this ordinance. SECTION 4. Severability. The provisions of this ordinance are hereby declared to be severable, and if any provision or section of this ordinance is declared to be unconstitutional or unenforceable by the final order of a court of competent jurisdiction, such declaration shall not affect the constitutionality, legality, or enforceability of any other section or provision of this ordinance, which shall be deemed severable, valid, enforceable, and effective. SECTION 5. Repeal of inconsistent sections and ordinances. All sections of the York County Code of Ordinances and all York County ordinances in conflict with this ordinance are hereby amended to the extent of such conflict. SECTION 6. Effective date. This ordinance shall take effect September 1, Adopted this day of, YORK COUNTY COUNCIL By: J. Britt Blackwell, O.D., Chairman York County Council Attest: William P. Shanahan, Jr. County Manager 4

25 1 st Reading: 2 nd Reading: Public Hearing: 3 rd Reading: 5

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