The Town of James Island's Planning Commission recommended changes to chapters 8 and 9 of the Zoning and Subdivision Regulation Ordinance. Town Council held a public hearing on the two chapters on June 20. Included in both chapters is the definition of grand tree as all oak species with diameter 24 inches or greater. The Planning Commission did not recommend a change in the definition of grand tree. After the public hearing, Council voted 3 to 2 to amend both chapters to change the definition of grand tree to all trees other than pines, sweet gum, or Chinese tallow with diameter 18 inches or greater.
Soon after, planning staff brought to my attention that the South Carolina Code of Laws Section 6-29-760 states that "No change in or departure from the text or maps as recommended by the local planning commission may be made pursuant to the hearing unless the change or departure be first submitted to the planning commission for review and recommendation." Pursuant means "according to" or "following."
The Charleston County Planning staff and the Municipal Association of South Carolina both agreed with my understanding that the changes in the definition of grand tree requires that the chapters be returned to the Town's Planning Commission. On July 10, the Town Attorney provided an opinion to that effect.
The Town Administrator notified the Planning Commissioners at their meeting on July 11 that they must provide a recommendation regarding the change in the definition of grand tree at their next meeting. After receiving their recommendation, Town Council will hold a new public hearing on Chapter 8 and Chapter 9. The proposal to change the definition of grand tree to all trees other than pines, sweet gum, and Chinese tallow with diameter 18 inches or greater will be included, along with the Planning Commission's favorable or unfavorable recommendation. In addition, the Planning Commissioners can recommend a different change in the definition of grand tree if they choose.
After Town Council holds the public hearing, there will be a first reading of an ordinance adopting the chapter. Town Council will be able to include the definition of grand tree as all trees other than pines, sweet gum, and Chinese tallow 18 inches or greater, or else any alternative definition of grand tree that might be recommended by the Planning Commission. If the ordinance passes first reading, then at a subsequent meeting of Town Council, there will be a second and final reading of the ordinance.
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