§ 1307. Street acceptance.

No street shall be accepted by the city or dedicated for public use until at such time the street has a minimum occupancy of 75 percent. The owner/developer of the street must submit a written request to the planning manager giving notice that they would like the particular street to be considered for acceptance into the city's inventory. The planning manager shall certify that the minimum occupancy of 75 percent has been reached. Upon verification, the planning manager shall notify the operations director to schedule an inspection of the street with the city engineer. The street will be inspected for condition of surface course of asphalt, condition of curb and gutter, condition of the storm sewer infrastructure and all other items pertaining to the street as identified on the approved final plat. Upon completion of the inspection, the city engineer shall submit a written report to the operations director and the owner/developer of any corrections/improvements that need to be completed prior to acceptance. Once notification has been given that all necessary repairs are completed, the operations director and city engineer shall reinspect the street. Once the operations director and city engineer have determined that the street meets all city standards as provided for on the final plat and/or applicable contractual agreements, the planning manager shall make a formal recommendation to the city council that the street be accepted into the city's inventory. A letter from the owner/developer to certify that no encumbrances exist is also required. Compliance with section 19-452 of the zoning ordinance [set forth in appendix A to the Code of Ordinances] is also required.

1307.1

Acceptance of streets not meeting minimum requirements.

a.

Residents who live on a street that has not been accepted by the city because the streets do not meet minimum requirements for acceptance, i.e., lack of curb and gutter, damaged asphalt, poor drainage, or the lack of asphalt top coat, may apply for a separate variance if any of the following conditions are met:

1.

The street has been in existence and used by the general public for at least eight years.

2.

A petition is received by the city with at least a 66 percent of the area property owners requesting that a "special exception" be allowed and that council consider creating an improvement district in accordance with chapter 37, title 5, Code of Laws of South Carolina, Municipal Improvement Act of 1973.

3.

The responsibility for maintenance and ownership has been abandoned by the developer and/or the owner cannot be identified.

b.

After certification of the petition, the council shall consider establishing an improvement district in accordance with S.C. Code 1976, § 5-37-40, if the governing body finds that:

1.

Improvements would be beneficial within a designated improvement district;

2.

The improvements would preserve or increase property values within the district;

3.

In the absence of the improvements, property values within the area would be likely to depreciate, or that the proposed improvements would be likely to encourage development in the improvement district;

4.

The general welfare and tax base of the city would be maintained or likely improved by creation of an improvement district in the city; and

5.

It would be fair and equitable to finance all or part of the cost of the improvements by an assessment upon the real property within the district, the governing body may establish the area as an improvement district and implement and finance, in whole or in part, an improvement plan in the district in accordance with the provisions of this chapter.