Qualifying Exempt and Minor Subdivision Plats are eligible to be submitted directly to the Planning and Zoning Department for review and exempted from the Coordinated Review Process.
For an Exempt or Minor Subdivision Plat to be submitted for review, applicants must complete the digital application (available here) and upload, when prompted, the draft plat and any required supporting documentation (such as reference plats, the Hold Harmless required for private accesses, etc.) for review. Upon processing, Payment may be received online in the E-Review Portal by following the prompts provided by the Department and navigating to the 10-digit Plan Case Number (the “PLEX” or “PLMS” number). Payment is required before the plat can be approved. To use the E-Review Portal, please register an account, using the contact information that you provided to the Department in your Application. Once you create an account, select the 10-digit plan case assigned to your plat, and follow the prompts for fee payment. Payments submitted online may be subject to additional convenience fees from the credit card processor.
The Department will review, provide any applicable comments necessary for approval in the E-Review Portal, and, upon demonstrated conformance to applicable standards, request the final hardcopy for stamping. If comments are issued, the Applicant may upload revisions and any required supporting documentation for re-review at the E-Review Portal.
To submit the final hardcopy for stamping, the applicant will deliver the hardcopies to the Planning and Zoning Department, located at 1003 US Hwy 52, Moncks Corner, SC, at the attention of the listed Plat Reviewer using the transmittal form provided by the Department. It is incumbent on the Applicant to provide the 10-digit Plan Case Number (the “PLEX” or “PLMS” number) when delivering hardcopies for stamping for correct and efficient processing.
Exempt Plat
Plat submittals that meet the following eligibility requirements are reviewed internally by the Planning and Zoning Department (review at TRC is not required). To submit an Exempt Plat for review, please complete the Exempt Plat Application and submit at least one hardcopy of the plat and relevant materials in-office to the attention of Planning and Zoning Administrative Support at or 843.719.4095, Administrative Support Specialist. For questions about the submittal process and review, please contact Planning and Zoning Administrative Support at or 843.719.4095.
The qualifications for an Exempt Plat are listed below:
- In the case of a combination or recombination of portions of previously platted Lots where the number of Lots, as shown on an approved Plat, is not increased and the resultant Lots are equal to the standards of this Chapter and other relevant county ordinances.
- In the case of any proposed Subdivision where no new Street, either public or private, is involved and no parcels are created which are smaller than five acres.
- In the case of property transferred by will or intestate succession or forced division decreed by appropriate judicial authority or by tax sale as authorized by state law.
- In the case where a proposed Subdivision results in one new Lot, is located on an existing public Road, complies with SCDHEC rules and regulations pertaining to the availability of potable water and sanitary sewer facilities, and the proposed new Lot and the residual portion meets minimum Lot size.
- In the case of a property existing as a Lot of record prior to April 26, 1999, but not by recorded Plat, a subsequent Plat of the property, prepared after April 26, 1999, shall be exempt and the Plat will be stamped “Received for information.” Any Subdivision of the property subsequent to the Plat shall comply with all current regulations.
- The acquisition of land for Right-of-Way, ingress/egress, drainage, and/or general utility or similar Easements, by a public entity or public utility that are not associated with a Preliminary Plan reviewed by the Planning and Zoning Department.
Minor Subdivision Plat
A Minor Subdivision Plat (1) seeks to divide property into ten (10) or fewer Lots and does not qualify as an “Exempt Plat”, (2)access is served by an existing public road or a “Shared Travelway”, (3) no public infrastructure or facilities are required to be constructed, extended, or expanded, (4) qualifies as a bona fide Family Subdivision that conforms to the applicable eligibility requirements, and (5) comports with the Minor Plat submittal requirements established in Chapter 59.
The qualifications for a Minor Subdivision are listed below:
(a) The Subdivision proposal (1) seeks to divide property into ten (10) or fewer Lots and does not qualify as an “Exempt Plat” or (2) qualifies as a bona fide Family Subdivision that conforms to the requirements outlined in Sec. 59-45(A)(5) and the criteria established in this section.
(b) The property for which the Subdivision is proposed is zoned R-15, Flex-1, R1-MM, R-1, R-2, R-1R, R-2R, R-2RF.
(c) No Street, either public or private as defined herein, will be required to be improved, extended, and/or constructed as part of the Subdivision proposal and any proposed access shall be provided by a driveway, Shared Travelway as defined in Sec. 59-45(A)(1), or exempted from Roadway construction requirements per Sec. 59-45(A)(5).
(d) No public water or sewer facilities or Utility lines will be required to be improved, extended, or established as part of the Subdivision proposal and no private community water or sewer facilities will be established. The installation of service line connections or taps from existing main lines or the installation of individual onsite septic and private well facilities is not included in this criterion.
(e) No drainage facility or conveyance, either public or private, is required to be improved, extended, or created as part of the Subdivision proposal as determined by the County Engineer or designee. If the County Engineer or designee determines that drainage facilities or conveyances, either public or private, are required to be improved, extended, or created, the Subdivision proposal shall be processed as “major”.
(f) The Subdivision proposal shall conform to applicable SCDHEC or MS4 requirements, where applicable, for land disturbance as well as Chapter 11, Buildings and Building Regulations, of the Berkeley County Code of Ordinances.
(g) The Subdivision proposal shall not be an application for Cluster Subdivision as defined in Article 13 of the Berkeley County Zoning Ordinance.
(h) At the request of the Administrative Officer or designee, the Berkeley County Engineer, or designee, and/or the applicable water and sewer agency, may review and concur with the Subdivision proposal prior to administrative approval by the Administrative Officer or designee.
(i) With the exception of bona fide Family Subdivision submittals that conform to the requirements found in Sec. 59-45(A)(5), the following note shall be provided on the Minor Subdivision Plat and all subsequent re-surveys/re-Subdivision of Lots created therein:
The [insert name of] Subdivision [or Lot, as applicable] was created as a Minor Subdivision per Section 59-45(A)(2) of the Berkeley County Land Development and Subdivision Regulations. No more than 10 Lots shall be created out of the parent TMS [xxx-xx-xx-xxx] without bringing the entire Subdivision into full compliance to the standards established for a Major Subdivision per Section 59-24 and a new Plan/Plat is submitted to the Department, unless a Waiver is issued by the Planning Commission and, if applicable, the property owners’ association or similar entity.
(j) The proposed Subdivision shall meet the other requirements of this Chapter and application for a Minor Subdivision shall include the following:
i. Submittal of the Minor Subdivision Application and payment of applicable fees
ii. Letter of Determination of Water/Sewer Availability from the applicable Water and Sewer Agency. Where public water and sewer are not available, permits from SCDHEC shall be provided for individual onsite septic and/or private well facilities when required in accordance with Sec. 59 – 51 of this Chapter.
iii. Any additional supporting documentation deemed necessary by the Administrative Officer or designee to demonstrate conformance to the standards found herein.
iv. It is recommended that the Applicant convene in a Joint Plan Review (JPR) Meeting with the Administrative Officer or designee, and/or the County Engineer or designee, and a representative of Berkeley County Water and Sanitation (where applicable) to discuss requirements for access, drainage, and water and sanitary sewer to verify that the application can be submitted as a Minor Subdivision.
Bona Fide Family Subdivision
Subdivisions may be exempted from the private street construction and maintenance requirements, as established in section 59-45(a)(3), if the property is being transferred to the owners’ family members or is being transferred by will or intestate succession or forced division decreed by appropriate judicial authority. The subdivider must submit documentation satisfactory to the administrative officer or designee in order to establish eligibility for this exemption. This exemption shall apply only to initial division of property, not to subsequent sale to members outside of the family. Further subdivision by the heirs, devisees, or transferees may be authorized upon submission of a subsequent plat that demonstrates conformance to the standards contained herein. Plats of subdivisions so exempted shall show an ingress/egress easement providing access to all parcels and are subject to the following requirements:
- Accesses shall be constructed and maintained in accordance with the International Fire Code (IFC), as adopted by county council, which, upon payment of any applicable inspection fees, shall be verified in writing by the local fire official or designee before any dwelling unit of which it serves is permitted to be occupied.
- The ingress/egress easement shall be named through coordination with the GIS-911 Addressing Department and indicated with street name and traffic control signage as required in section 59-44(k) at the expense of the property owner(s) or applicant, which shall be in place before any dwelling unit of which it serves is permitted to be occupied.
- The subdivider(s)/owner(s) of record or legal representative thereof shall execute and submit a hold harmless and indemnification agreement as required in section 59-45(a)(3)e.
- Plats of subdivisions so exempted shall contain the following information:
- Purpose of the subdivision; and
- The following certification statement shall be placed on the plat and signed by the property owner(s) or legal representative thereof:
“The property owner(s) of record hereby acknowledge(s) that physical access to serve the Lots shown hereon is not provided with recordation of this Plat, and it is not the responsibility of Berkeley County to construct and/or maintain said access. A physical access constructed and maintained in accordance with the International Fire Code (IFC), as adopted by County Council, shall be verified before any residential dwelling of which it serves is permitted to be occupied.”
Signature(s) of Property Owner(s) or Legal Representative Thereof:______________
Date:___________
Lot Description:__________ - A note stating, “THESE LOTS/PARCELS MAY NOT BE TRANSFERRED, OR FURTHER SUBDIVIDED UNTIL ROAD ACCESS IS PROVIDED AND A REVISED PLAT IS APPROVED BY BERKELEY COUNTY.”
- Family Subdivision submittals that conform to the Minor Subdivision criteria may be processed as Minor Subdivision Plat Submittals.
