South Carolina Development Agreement Act
The General Assembly adopted the South Carolina Local Government Development Agreement Act in 1993. S.C. Code Title 6, Chapter 31, § 6-31-10, et seq. The Act authorizes binding agreements between local governments and developers for the long-term development of large tracts of land. A development agreement gives a developer a vested right for the term of the agreement to proceed according to land use regulations in existence on the execution date of the agreement.
Kiawah’s Executed Development Agreements
The Town entered into two key development agreements that play a critical role in the long-term development of Kiawah Island. These two development agreements are executed with the island’s two major developers, Kiawah Partners (KP) and the Kiawah Island Golf Resort (KIGR).
KIGR Development Agreement
The 2010 Development Agreement between the Town and KIGR guides planning and development for property holdings of the golf resort. Properties subject to this agreement include Mingo Point, West Beach Village properties, East Beach Village and Ocean properties, Cougar Point, Osprey Point, Turtle Point and Ocean Course Golf Courses, Ocean Course residential, Willet Island and the Utility Tract properties. The development agreement is consistent with the Town’s Comprehensive Plan, and Land Use Planning and Zoning Ordinance. This development agreement is scheduled to expire on July 11, 2027.
Kiawah Partners Development Agreement
The Town and Kiawah Island Company (KP) entered into the first development agreement in 1994, replacing the entitlements outlined within the original Planned Development District with Charleston County. In 2005 a new development agreement was entered between the Town and the developer. This development agreement updated development patterns and parameters based on new information and newly developed neighborhoods since 1994. This development agreement was amended in 2013. This 2013 Amended and Restated Development Agreement guided planning and development for the remaining property holdings of the developer. The 2013 Amended and Restated Development Agreement expired on December 4, 2023.
