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Developer urges Atlantic Beach to follow land-management ordinance after permit delays
Summary
Developer Leon Bailey told the Atlantic Beach Town Council the town should apply its Land Management Ordinance (Section 5.36) and issue permits for a project he says completed required reviews; he said local reviewers and Horry County approved the filings and that permit delays prompted a lawsuit.
Leon Bailey asked the Atlantic Beach Town Council on April 21 to “follow its own land management ordinance” and issue permits for a development he said has completed required engineering and stormwater reviews.
Bailey told the council he provided documentation showing restrictive covenants had been released for the property and said reviewers—including Lee Wood of the Waccamaw Regional Council of Governments and Diamond Shores reviewer Ashley Cohen—had approved his submissions. "We have made the required submissions. We have addressed the engineering and stormwater comments," Bailey said, and asked the council to “stand on process, fairness, and the rule of law.”
Bailey quoted a state-code provision in arguing the town’s obligations: "In accordance with South Carolina Code and six twenty-nine eleven forty-five, town applications for property and land development permits . . . shall ask whether the subject tract or parcel of land is restricted by any recorded covenant" and may not issue a permit when the town has actual notice of an unreleased restrictive covenant. Bailey said he provided proof the covenant had been released and that Horry County staff confirmed procedural compliance.
He also told the council a lawsuit was filed because the town had delayed issuing the permit despite those approvals. Bailey asked the council to allow permit issuance consistent with the ordinance rather than applying standards he said do not appear in the town code.
The council did not take an immediate vote or adopt a finding on Bailey’s permit at the April 21 meeting; the record shows his remarks were part of the public-comment period and no town action to issue or deny a permit was recorded at the meeting. The council may address permitting or legal-status questions in follow-up meetings or executive session, as appropriate.
