It is important for people to understand what a Developers Agreement and Planning Document are about and how they relate to the community. For those folks already well versed about these documents, please bear with us. For those of you looking to jump right to a specific area, you can click on one of these intra-page links:
Planning Document Summary of Land Uses Open Spaces Trails Village Center Existence of a Parkway
Developers Agreement
If you read the History of The Ponds page, you know that Greenwood Development bought the land that is currently being developed. They had to enter into a Dorchester County approved agreement. The full Adobe document from the Dorchester County records can be viewed using the "Full Developers Agreement" button above. Some of the contents of the agreement consisted of:
- A rezoning request to rezone the land from CG/R4 to PD (Planned District) along with the timeline and dates of hearings and approval.
- How long the agreement was in effect. (The document shows a 15-year agreement meaning the agreement would have ended at the end of 2020. However, when the housing bust occurred back in 2007, the county extended all agreements by 10 years to assist the housing market).
- An acknowledgement that the developer is now entering into an enforceable agreement and no longer just promises.
- The donation of 2 acres for "Public Safety Services" (this is our Fire and EMS station) and $500,000 towards construction costs.
- Donation of a parcel of land to the School District not to exceed 40 acres for schools.
- Donation to the Summerville YMCA Family a parcel of land not to exceed 7 acres to construct an indoor facility and $3,000,000 towards the cost of construction.
- Greenwood agrees to put all of the roads, water, sewer, electric, cable, etc... in as part of the development at their cost. Greenwood then agrees to dedicate all easements to the various companies that provide those services. They also agree to turn over the roads to the counties once development is complete.
- Part of the agreement is a Traffic Study to show the impact to traffic on Highway 17-A.
- A Planning Design document that lays out a comprehensive plan for the development of the community (we will get more into this document later)
- A copy of the Dorchester County Zoning Ordinance at the time of the agreement. This is important in that as the county changed the ordinances, the developer does not have to retrofit the community. They only have to live up to the standards in the Zoning Ordinances at the time of the agreement.
The entire document can be found in the First Services Residential Portal and is a public document that can also be downloaded from the Dorchester County. Developers Agreements are stored in the Dorchester County Real Estate data base with deeds and other instruments. You can navigate through one of these ways:
- Go to the Dorchester County website: https://www.dorchestercountysc.gov/ then Under the "Services" tab select "Register of Deeds". Once on that page, select the "Property Deed Search" on the left column options. You have to click the "I Accept" option to their disclaimer to get to the search screen.
- The other way is to cheat and navigate directly to the page using the URL: https://search.dorchesterdeeds.com/NameSearch.php?Accept=Accept
Type into the Grantor field Greenwood Development Corporation and check the Agreement instrument from the column on the right
side of the search screen. Click the Search button (on the top half of the screen). Only one result will be found with one entry. Click the Check All button then the Display Detail Listing button to view the searched entry. It should show this:
Date: 12/20/2005 Instrument Type: Agreement Code-Book-Page: RB-5100-1 Description: PD-Developers Agreement
Grantor: Greenwood Development Corporation Grantee: County Dorchester
The document is downloadable in TIFF or PDF format.
The signed legal document is the first 13 pages of the document. The legal document also names the exhibits filed with it as part of the legal agreement. That means that the Rezoning Request, the Planning Document, the Traffic Study and the Dorchester County Zoning Ordinances in effect at the time are all part of the Development Agreement.
This agreement is subject to South Carolina State law, SC Title 6 Chapter 31, the "South Carolina Local Government Development Agreement Act". This SC state law, which covers Development Agreements, is especially relevant when discussing what can or cannot be done legally and what the county and developer's rights and obligations are. Section 6-31-90 covers the "good faith" compliance and the actions the county can take.
Planning Document
This is actually the real meat of the agreement. This is the document that lays out the "vision" of the developer for what they want to do with the community. The Planning Document is all part of the Developers Agreement described above. This document is not written in the legal jargon that the signed Agreement contain. Instead, the document describes the land, some of its natural and historical features as well as details about the community.
Here are some of the highlights from the PD:
The Tax Map Number is: 151-00-00-046
You can use the Dorchester County GIS Online Map System to locate the remaining undeveloped property of the community based on this Tax Map Number. The URL is: https://gisservices.dorchestercounty.net/imap/GISsplash.html (you have to select the "I Accept" under the General Map services to then navigate to the searchable map and lookup the property.
Gross Acreage: 1,887.8 acres
Net Acreage: 656.0 acres (net acres are derived by subtracting the wetlands, existing lakes and approximate amount of road right of ways from the gross acreage)
Summary of Land Uses:
Traditional Neighborhoods: 20% to 30% of gross acres (377 to 566 acres)
Social & Cultural: 10% Minimum of the gross acres (188 acres)
Open Space: 60% Minimum of the gross acres (1132 acres)
Residential Neighborhood Village Center: 5% Maximum of the gross acres (94 acres)
Developer has requested a density of 2.97 units per net acre and 1.0 units per gross acre for a maximum lot/unit count of 1,950.
Range of lot sizes:
Live/Work Units: 20 unit maximum
Townhomes: 150 - 325 units
Multi-Family / Condo - 300-500 units
Single Family - 5,000 square feet minimum: 150 - 250 lots
Single Family - 6,000 square feet minimum: 225 - 350 lots
Single Family - 7,500 square feet minimum: 350 - 475 lots
Single Family - 9,000 square feet minimum: 225 - 350 lots
Single Family - 10,400 square feet minimum: 150 - 275 lots
(note: there has been a lot of discussion about the Live/Work units. Notice how they do not have a range of units, only a maximum number. The Planning Commission stand is that without a range figure, the minimum is Zero (0), not One (1). That means if the developer wants to build no Live/Work units, that is within the enforceability of the Developers Agreement).
Ponds Plantation is designed to have a mixture of housing types, mixing larger lots with smaller lots, townhomes, attached housing and multi-family. Not every neighborhood will have the same mix or percentage as designated above. This was an important phrase in the document. It conveys that the developer was free to mix the neighborhoods just about as they saw fit. Since the entire community is zoned as Planned District (PD), there was no one specific location that had to have Townhomes or Multi-Family or Single-Family. Nor did any particular neighborhood have to have the exact same ratio of unit lots as described above.
Open Spaces:
Section 4: Master Plan
4.B Landuses - OPEN SPACE
Residential communities at Ponds Plantation should be designed as a series of neighborhoods oriented around parks or green space and made accessible by walkways, bikeways and nature trails. Parks, as identified below, create a public network for diverse groups of citizens. The open space network and community facilities are not reserved for the residents of a particular area, but are available to the population as a whole. These will be community facilities, accessible on public streets, including playgrounds, major parks, and a trail system.
At least 63% (1207.2 acres) of the total gross acres in Ponds Plantation shall remain as Open Space as defined below. At least 20% (131.2 acres) of the total net acres shall be classified as Open Space. There are two primary types of open space at Ponds Plantation: preservation and active/passive.
Preservation areas within the open space shall consist of the following:
4.B.i Freshwater Wetlands: Freshwater wetlands comprise approximately half of the property. These wetlands will be preserved and buffered to protect the ecological benefits of the region. Road and pedestrian crossings over wetlands are allowed where approved by regulating authorities.
4.B.ii Wetland Buffers: The wetlands of Ponds Plantation comprise approximately 1/2 of the site and are shown on Exhibit 2. Many of these wetlands are connected and exceed the property boundaries. They are a regional resource and will be protected accordingly. There shall be a 15' minimum and a 30' average wetland buffer around all wetlands and/ or shall comply with all OCRM and/ or DHEC guidelines and processes.
4.B.iii Historic or Natural Features: Areas designated for preservation due to unique characteristics or historical significance.
The active/passive areas in the open space includes:
4.B.iv Greenways: Greenways are defined as linear open space that provides connections to neighborhoods, schools, civic uses, commercial centers and other neighborhoods. All neighborhoods shall have at least one greenway connection. Benches and other pedestrian scale structures are allowed within greenways.
4.B.v Nature Trails: A type of Greenway, existing trails arc more natural and will remain largely in their current condition. Generally, where a trail is preserved, it will fall within a natural greenway. Activities on these trails and preserves include walking, jogging and biking.
4.B.vi Neighborhood Focal Point Parks: At least one park is planned in each neighborhood to be a Neighborhood Focal Point Park. The park should be at least 1/2 acre and will abut a street, a wetland or lake. The Neighborhood Focal Point Park also serves as the neighborhood civic gathering space. These spaces may contain play structures, benches, and / or structures suitable for small parks.
4.B.vii District Parks: Other parks of an acre or more may, but not necessarily, be more internally oriented. Examples of this type park include the open space around an internal storm water retention lake, creeks and drainage ways or conservation areas. Existing features of the land shall determine the number and location of District Parks. Signage, benches and other pedestrian scale structures are allowed within District Parks.
4.B.viii View Easements: View easements are often established at the end of the street between two lots when there is an opportunity to terminate the road with an interesting vista. View easements are typically a minimum of 20' in width.
4.B.ix Recreational Parks: Passive and active parks are a component that will be shared by residents of the community. Boating, fishing, walking, etc. around the existing manmade lakes at Ponds Plantation may be used as recreational parks. Recreation Parks may contain play structures, ball fields, benches, and / or structures suitable for small parks.
4.B.x Civic/ Social Spaces: Located throughout the neighborhoods will be sites associated with community and civic spaces. Included in this list are schools, churches and public recreational centers.
4.B.xi Community & Neighborhood Recreation Centers: A type of Civic I Social Space, at least one large recreation center is planned to serve the overall community while several neighborhood recreation centers are planned to be dispersed throughout the neighborhoods. These neighborhood recreation centers may contain community buildings, pools, tennis, and / or other active recreation components. Sizes of these center will vary depending on the neighborhood and needs of the community.
There is a lot of text above. Most of it is as you would expect. But there are a couple of interesting take-a-ways from the verbiage.
1. 4.B.iii indicates that Historic or Natural Features are part of the "Preservation" type of Open Spaces. Since the restored Schulz-Lotz Farmhouse was identified as a Historic feature, it and the land around some of it can technically be counted in the Open Space calculations.
2. 4.B.xi allows for Community and neighborhood Recreation centers to be calculated in the Open Spaces as an "active" area. This means the YMCA property can also be included in the Open Spaces calculation.
3. 4.B.x allows for Civic/Social Spaces to be counted towards Open Spaces. This means that the various amenities like the pool and amphitheater as well as the property dedicated for a school can also be counted into the Open Spaces calculation.
Trails:
Trails have become a complicated issue within the community. We are not taking any stand in these discussions. Here, we just lay out the clauses in the Planning Document and Zoning Ordinances that mention or detail information about trails. Key phrases about the trails for further discussion are highlighted.
Planning Document
Section 1: Introduction
1D.i Natural Environment:
Over half of the 1,887.8 acres of Ponds Plantation are wetlands, including a string of lowland lakes that form the headwaters of the Ashley River. The wetland is typical of the lowcountry cypress swamplands with the faint remnant of old rice fields. The remaining site is a high plateau approximately 50 to 55 feet above the wetlands. Vegetation on the property is primarily pine forest with many live oaks and hardwoods in the upland areas. There are three open fields once used for farming. The land has been used as a hunt club for many years. Approximately 18 miles of existing trails and dirt roads access various points throughout the property.
Section 3: General Provisions
3.D Trails
More than 10 miles of existing trails within the overall property shall be used as a component of the open space system. There is no requirement as to the size, configuration, lighting, location and surfaces of trails. Should Dorchester County desire to build additional extensions of the hiker/biker system or to connect to another system of pedestrian and bike paths/sidewalks, the Developer and/or Community agrees to cooperate with Dorchester County in the negotiation of easements for such purpose provided it is in keeping with the master plan.
Section 4: Master Plan
4.A.i Ecological Protection
The master plan indicates areas that are protected, including natural features such as wetlands and existing trails, significant trees or tree stands, meadows and views. Over 1/2 of the property will be designated as a preservation area. Concern for natural features has directed the plan into a richly textured interspacing of open and wooded areas connected by a system of nature trails. At least ten miles of existing trails will remain in areas designated as greenways. Natural features of the land determine the location of roads, lakes, and development sites.
4.B.iv Greenways: Greenways are defined as linear open space that provides connections to neighborhoods, schools, civic uses, commercial centers and other neighborhoods. All neighborhoods shall have at least one greenway connection. Benches and other pedestrian scale structures are allowed within greenways.
4.B.V – Nature Trails
A type of Greenway, existing trails arc more natural and will remain largely in their current condition. Generally, where a trail is preserved, it will fall within a natural greenway. Activities on these trails and preserves include walking, jogging and biking.
Dorchester County Zoning and Ordinance
Zoning Ordinances in effect at time of agreement – Ordinance 04-13
Article XX – Design Standards
20.5.3 Trail Systems
(a) An interconnected trail system may be substituted for sidewalks in a Planned Development, if approved by the Planning Commission, that can be demonstrated by the developer to provide equal or improved access to buildings, dwellings, schools, and open space.
(b) Pedestrian trails shall have a minimum unobstructed width of four feet (4'). Those trails supporting other uses shall have a minimum unobstructed width of six feet (6').
20.13.3 Improvement of Open Space Parcels
(a) Developed Open Space. The Planning Commission may suggest the type of recreation facilities to be installed, taking into consideration:
(1) The physical character of the available open space land;
(2) The estimated age and the recreational needs of persons likely to reside in the development; and
(3) Proximity, nature, and capacity of existing public recreation facilities.
(b) Undeveloped Open Space. Undeveloped open space shall be left in its natural
state, with the exceptions of land set aside for the cutting of trails for walking or jogging, etc.
Section 21.5 Sidewalks and Trails
1) All sidewalks and trails shall be constructed on sub-grade compacted at ninety five percent (95 %) density at optimum moisture content.
2) Sidewalks shall be constructed of concrete to a minimum depth of four inches (4") and shall meet or exceed SCOOT Standard Specifications for Highway Construction, latest edition, when provided in street rights-of-way. Sidewalks within two hundred feet (200') of delineated wetlands shall be constructed of pervious concrete, four inches (4") minimum depth.
3) Trails provided in lieu of required sidewalks shall be constructed with a four inch (4") base of crushed stone with an asphalt-concrete surface course one-and a-half inches (1 ½") thick or pervious or impervious concrete, four inches (4") minimum depth.
4) Trails provided in rural or natural areas may be surfaced with pine straw, mulch, boardwalk, or otherwise, if approved by the Planning Commission upon recommendation from the County Engineer and the Zoning Administrator that soil conditions will support such, that these methods of construction are of substantial benefit to environmentally sensitive features, and that a proper maintenance schedule is provided.
The Village Center
Again, the info below is only the references within the Planning Document containing pertinent information about the Villiage Center.
Planning Document
4.A.v Creation of a Residential Neighborhood Village Center - The master plan includes the development of a Residential Neighborhood Village Center. Planned to include active recreation, civic uses, retail, offices, live/work units, and higher density residential, this Village Center will become the economic, social and cultural hub of the community. It will focus residents' lives around a traditional American village experience, rather than the scattered sprawl of post-war suburbia.
4.D Landuses - VILLAGE CENTER
4.D.i Concept The Ponds Plantation Village Center shall be located on the parkway as one enters the residential zones from Highway 17A. Accessible by foot, bike or car for residents and visitors, the Village Center will be an attractive environment with small shops, live/work units, restaurants and civic uses. It is possible for apartments or offices to be located over retail stores.
4,D.ii Zoning Criteria
Front Setback - 5' minimum
Side Setback - 10' minimum
Rear Setback - 20' minimum
Lot Coverage - 80%
Height: No structure shall be higher than 3 stories or 42 feet.
Open Space - 25%minimum
Parking - 3.5 spaces per 1,000 s.f. of gross floor space
• Provided retail uses meet all parking and setback criteria, there is no minimum lot size in the Village Center.
• Zoning Criteria for Residential Uses shall revert to the appropriate zoning section in this PD for setbacks, lot coverage, etc.
4.D.iii Vehicular Circulation, Pedestrian Circulation and Parking
• While the Ponds Plantation parkway is the major road, it and all internal streets and sidewalks will be designed primarily to enhance the experience of pedestrians and to facilitate traffic movement, but not to facilitate traffic movement at high speeds. Turning radii should be as short as possible, and lanes should be as narrow as possible. Village center streets should provide for on-street parking. Sidewalks should be ample, and there should be generous landscaping.
4.D.iv Allowed Uses
Within The Ponds Village Center Zone, land may be used, and buildings or structures may be erected, altered or used, for the following purposes:
- One family detached dwellings, attached dwellings, live/work units and multifamily dwellings
- Convenience Retail or Service Establishments
- Antique stores
- Art galleries, commercial
- Artists' supply stores
- Bakeries
- Barber shops
- Beauty parlors
- Bicycle sales, rental and repair
- Book stores
- Candy or ice cream stores
- Cigar or tobacco stores
- Clothing or clothing accessory stores
- Computer sales and service
- Dry-cleaning
- Dry goods or fabric stores
- Eating or drinking establishments
- Fishing tackle or equipment, rental or sales
- Florist shops
- Food stores
- Gift shops
- Hardware stores
- Interior decorating establishments
- Jewelry or cut metal craft shops
- Leather goods or luggage stores
- Loan offices
- Locksmith shops
- Meeting halls
- Music or record stores
- Nail salons
- News Stands
- Optician or optometrist establishments
- Package liquor stores
- Paint and wallpaper stores
- Pet shops
- Photographic studios
- Picture framing shops
- Post offices
- Professional Offices
- Restaurant
- Seed or garden supply stores
- Shoe stores
- Sporting or athletic stores
- Stationary stores
- Studios: art, music, dance
- Tailor or dressmaking shops, custom
- Toy stores
- Travel bureaus
- Variety stores
- Watch or clock sales and repair
- Other similar sales and service establishment uses of a non-nuisance nature as determined by the Zoning Administration
- Preschool, elementary, junior high, high school and college level school uses
- Production facilities for artisans and craftsmen
- An individual owner of property, who is also the resident of the property involved, may rent guest rooms by the night where the Zoning Administrator, after a review of an application, finds that the proposed use meets the definition of a Bed and Breakfast.
- Clubs, Lodges, Civic or Fraternal Organizations
- Sewage pumping and water pumping facilities
- Parking
- Accessory Uses - allowed on all lots regardless of size
Existence of a Parkway
Again, the info below is only the references within the Planning Document containing pertinent information about a Parkway within the neighborhood and how it is defined.
Planning Document
Section 2: Definitions
Parkway: The primary road that connects Highway 17A to Old Tower Road. It will consist of higher landscaping standards than neighborhood streets, pedestrian and trail linkages and landscaped medians in certain places.
Section 4: Master Plan
4.C.ii Streets - General Concepts for detailed information see Street Section 5
Ponds Plantation is designed to have two primary entrances; one off of Highway 17A and one off of Old Tower Road. A secondary entrance will be off of Schultz Lake Road. The two primary entrances will be connected with a parkway that will serve as a collector street as well as the location for the village center, a proposed school, the community welcome center and the active play fields and linear park. Connected to the collector street will be neighborhoods that are organized around a park or other focal point.' Neighborhoods will also the interconnected with streets and trails.
4.C.ii.a Sidewalks: Sidewalks shall be located on both sides of all residential streets and are a minimum of 4' wide. All sidewalks are setback a minimum of 5' from the back of curb unless a natural feature such as a special tree requires a more creative solution. Sidewalks are required from the front door of the house and/ or multi-family unit to the walk adjacent to the street.
Sidewalks and/or trails may be located on the parkway where the developer intends to connect neighborhoods to other neighborhoods, the civic areas or the village center.
4.C.ii.c Parking: In addition to any off-street parking, all streets including the parkway may have parallel parking.
4.C.iii Alleys: In areas of higher density and along the parkway, alleys may be built to eliminate the possibility of having garages along streets and parks. Generally, alleys will be 12 feet wide if one-way and 20' if two-way and be used for garage access and service vehicles.
4.D.i Concept: The Ponds Plantation Village Center shall be located on the parkway as one enters the residential zones from Highway 17A. Accessible by foot, bike or car for residents and visitors, the Village Center will be an attractive environment with small shops, live/work units, restaurants and civic uses. It is possible for apartments or offices to be located over retail stores.
4.D.iii Vehicular Circulation, Pedestrian Circulation and Parking
•While the Ponds Plantation parkway is the major road, it and all internal streets and sidewalks will be designed primarily to enhance the experience of pedestrians and to facilitate traffic movement, but not to facilitate traffic movement at high speeds. Turning radius should be as short as possible, and lanes should be as narrow as possible. Village center streets should provide for on-street parking. Sidewalks should be ample, and there should be generous landscaping.