Bill > S0227

This bill amends South Carolina law to formally define and incorporate "concurrency programs" into local planning and zoning regulations. A concurrency program, also known as an "adequate public facility program," is a system that links land development approval to the availability and adequacy of public facilities and services, ensuring that growth and infrastructure investment align with local comprehensive plans. The bill specifies that these programs must not unreasonably prevent development if proportionate mitigation is offered and outlines which public facilities (like transportation, water, wastewater, stormwater, law enforcement, fire protection, emergency medical services, and public schools) can be included, with specific conditions for school capacity. It also details how facilities are considered "available" or "adequate," sets standards for "level-of-service" (the measure of public facility capacity), and outlines requirements for concurrency programs, including consistency with comprehensive plans, clear procedures, and proportionate share contributions for developers to offset impacts. The bill also allows for exemptions for affordable housing developments and developments in priority growth areas, and establishes rules for agreements between governing authorities and developers for phased improvements. Finally, it amends existing law to allow these concurrency programs to be referenced within land development regulations.