Appeal Filed from Planning Commission Decision for River Preserve Subdivision
GREENVILLE, SC – On Friday, June 24, South Carolina Environmental Law Project filed an appeal on behalf of Citizens for Quality Rural Living from the Greenville County Planning Commission’s May 25 decision to approve LyonJay’s preliminary subdivision proposal for River Preserve.
The proposed development, located at Woodside Road and Wasson Way in rural Simpsonville just south of Highway 418, borders the Reedy River and Woodside Creek and includes plans for 210 single family homes. The development also plans to utilize individual septic tanks, even though the Reedy River eventually empties into Lake Greenwood, an important source of drinking water for residents in nearby counties.
Citizens for Quality Rural Living (CQRL) is a non-profit group comprised of Greenville County property owners and residents in the area near where River Preserve is proposed and who are deeply concerned with the rapid development of rural land. "The Greenville County Planning Commission and Staff are responsible for ensuring that all regulations adopted by County Council are adhered to by any development applications. Choosing which ones to follow is not optional,” said Jim Moore, President of CQRL.
The appeal argues that the Planning Commission unlawfully approved River Preserve by failing to require a proper evaluation and delineation of waterways, wetlands, and the water quality buffers mandated by the regulations, and by accepting a traffic impact study that analyzed two nonexistent intersections in violation of unambiguous requirements of the Land Development Regulations. The Planning Commission also violated CQRL’s Due Process rights by considering and approving the River Preserve preliminary plan after repeatedly accepting revised plans submitted by LyonJay beyond the set deadlines and failing to make these revised plans available to the public.
“The Planning Commission cannot disregard clear requirements of Greenville County’s land development regulations, which are designed to protect water quality and ensure our roadways can adequately and safely support new developments,” said Michael Martinez, staff attorney with South Carolina Environmental Law Project. “The Planning Commission’s failure to demand compliance with Article 22, the hard-fought replacement to Article 3.1, less than a year after its enactment is simply unacceptable.”
Michael Martinez, Esquire
South Carolina Environmental Law Project
email@example.com, (843) 527-0078
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The South Carolina Environmental Law Project is a nonprofit public interest law firm. We use our legal expertise to protect land, water and communities across South Carolina.