Council adds authority for development agreements to UDO and asks for policy guidance

Lancaster County Council voted to add UDO language giving the county the authority to require development agreements (DAs) "in accordance with applicable law," and requested that an ad hoc committee or staff prepare policy guidance on triggers and evaluation criteria for DAs.

Discussion centered on when a DA is appropriate and what public benefits would justify negotiating one. A county attorney referenced state code provisions allowing development agreements for larger properties and noted statutory acreage thresholds; a council member said that making DAs categorically mandatory could be problematic and that the county should reserve discretion. One staff attorney recommended language that the county "may enter into a development agreement pursuant to South Carolina law…with respect to property satisfying eligibility requirements."

Councilors asked the DA ad hoc committee to draft a consistent internal policy or rubric so similar development proposals are treated uniformly and to guide staff in when to seek a DA rather than rely only on standard zoning and impact-fee mechanisms. The DA provision was included in the consolidated motion that passed unanimously.