H*3604 Session 111 (1995-1996)
H*3604(Rat #0154, Act #0100 of 1995) General Bill, By Wilkins, Allison, Cato,
Davenport, Fair, Haskins, R.J. Herdklotz, M.F. Jaskwhich, Lanford, Littlejohn,
McMahand, Rice, D. Smith, Tripp, Walker and C.C. Wells
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
55-11-230 so as to create an airport environs area and sub-area within the
Greenville-Spartanburg Airport District and create an Airport Environs
Planning Commission, to confer certain powers to the Commission to ensure
compatible land use of property in the environs area, to provide for the
composition of the Commission, to provide that any lawful use which exists on
the date of adoption by the Commission of uniform provisions and which is
inconsistent with the provisions of the Uniform Land Use Plan or Uniform
Performance Building Standards is exempt from the uniform provisions, to
provide that any costs, fees, or awards arising from or as a result of any
action the Commission or enforcement of the uniform provisions in excess of
funds received to defray these costs, fees, or awards must be borne by the
counties in which the Greenville-Spartanburg Airport District is located, to
provide that any municipality or county administering the comprehensive land
use plan and uniform building standards adopted by the Commission is only
liable for any costs, fees, or awards arising form their ministerial acts; and
to provide that within sixty days of the effective date of this Act the
Commission must give actual notice, by use of the United States Postal
Service, to those property owners whose property is located partially or
totally within the airport environs area.-amended title
02/15/95 House Introduced and read first time HJ-8
02/15/95 House Referred to Committee on Labor, Commerce and
Industry HJ-9
03/22/95 House Committee report: Favorable Labor, Commerce and
Industry HJ-4
03/28/95 House Debate adjourned until Tuesday, April 4, 1995 HJ-37
04/04/95 House Debate adjourned until Tuesday, April 11, 1995 HJ-12
04/11/95 House Debate adjourned until Wednesday, April 12, 1995 HJ-15
04/12/95 House Debate adjourned until Tuesday, April 18, 1995 HJ-63
04/18/95 House Amended HJ-17
04/18/95 House Read second time HJ-24
04/19/95 House Read third time and sent to Senate HJ-17
04/20/95 Senate Introduced and read first time SJ-14
04/20/95 Senate Referred to Committee on Transportation SJ-14
05/23/95 Senate Recalled from Committee on Transportation SJ-123
05/30/95 Senate Read second time SJ-76
05/30/95 Senate Ordered to third reading with notice of
amendments SJ-76
06/01/95 Senate Amended SJ-34
06/01/95 Senate Read third time and returned to House with
amendments SJ-34
06/01/95 House Concurred in Senate amendment and enrolled HJ-95
06/06/95 Ratified R 154
06/12/95 Signed By Governor
06/12/95 Effective date 06/12/95
08/11/95 Copies available
08/11/95 Act No. 100
(A100, R154, H3604)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 55-11-230 SO AS TO
CREATE AN AIRPORT ENVIRONS AREA AND SUB-AREA
WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT
AND CREATE AN AIRPORT ENVIRONS PLANNING
COMMISSION, TO CONFER CERTAIN POWERS TO THE
COMMISSION TO ENSURE COMPATIBLE LAND USE OF
PROPERTY IN THE ENVIRONS AREA, TO PROVIDE FOR THE
COMPOSITION OF THE COMMISSION, TO PROVIDE THAT ANY
LAWFUL USE WHICH EXISTS ON THE DATE OF ADOPTION BY
THE COMMISSION OF UNIFORM PROVISIONS AND WHICH IS
INCONSISTENT WITH THE PROVISIONS OF THE UNIFORM
LAND USE PLAN OR UNIFORM PERFORMANCE BUILDING
STANDARDS IS EXEMPT FROM THE UNIFORM PROVISIONS, TO
PROVIDE THAT ANY COSTS, FEES, OR AWARDS ARISING FROM
OR AS A RESULT OF ANY ACTION OF THE COMMISSION OR
ENFORCEMENT OF THE UNIFORM PROVISIONS IN EXCESS OF
FUNDS RECEIVED TO DEFRAY THESE COSTS, FEES, OR
AWARDS MUST BE BORNE BY THE COUNTIES IN WHICH THE
GREENVILLE-SPARTANBURG AIRPORT DISTRICT IS LOCATED,
TO PROVIDE THAT ANY MUNICIPALITY OR COUNTY
ADMINISTERING THE COMPREHENSIVE LAND USE PLAN AND
UNIFORM BUILDING STANDARDS ADOPTED BY THE
COMMISSION IS ONLY LIABLE FOR ANY COSTS, FEES, OR
AWARDS ARISING FROM THEIR MINISTERIAL ACTS; AND TO
PROVIDE THAT WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
OF THIS ACT THE COMMISSION MUST GIVE ACTUAL NOTICE,
BY USE OF THE UNITED STATES POSTAL SERVICE, TO THOSE
PROPERTY OWNERS WHOSE PROPERTY IS LOCATED
PARTIALLY OR TOTALLY WITHIN THE AIRPORT ENVIRONS
AREA.
Be it enacted by the General Assembly of the State of South
Carolina:
Findings
SECTION 1. (A) The General Assembly finds that airport hazards
threaten the lives and property of users of the Greenville-Spartanburg
Airport and of occupants of land in its vicinity; if of the obstruction type,
these hazards reduce the size of the area available for the taking off,
maneuvering, or landing of aircraft, thus tending to destroy or impair the
utility of the airport and the public investment in it. It is further found
that other hazards may arise from certain activities and uses of land in
the immediate vicinity of the Greenville-Spartanburg Airport that are not
compatible with normal airport operations, and may, if not regulated,
endanger the lives of passengers and persons on the ground, adversely
affect their health, or otherwise limit the accomplishment of normal
activities. It is further found that because the areas impacted by these
airport hazards are within different political jurisdictions, a coordinated,
community-wide approach is required to protect the public interest.
Accordingly, it is declared that:
(1) for the purposes of this section, an airport hazard is any
structure, tree, or use of land which obstructs the airspace required for
the flight of aircraft in taking off, maneuvering, or landing of aircraft, or
which involves certain activities and uses of land in the immediate
vicinity of airports, which are not compatible with normal airport
operations, and may, if not regulated, adversely affect the health of
residents in the vicinity;
(2) the creation or establishment of an airport hazard and the
incompatible use of land in the Greenville-Spartanburg Airport vicinities
are public nuisances and injure the community served by the
Greenville-Spartanburg Airport;
(3) it is therefore necessary in the interest of public health, public
safety, and general welfare that the creation or establishment of airport
hazards and incompatible land uses be regulated and prevented to assure
adequate airspace and uses compatible with airport noise and in the
interests of public safety; and
(4) this should be accomplished by the exercise of local police
powers and existing administrative and regulatory procedures, without
additional compensation, on a coordinated, community-wide basis.
(B) It is further declared that limiting and regulating land uses
incompatible with normal airport operations as presently existing and as
may be planned, preventing the creation or establishment of airport
hazards, and eliminating, removing, altering, mitigating, or marking and
lighting of existing airport hazards are public purposes.
(C) It is further found that the public welfare in the upstate of South
Carolina is greatly enhanced by having an airport which can meet the
demands of, and support the economic growth in, the upstate. In that
connection, it is found that high density residential and certain
institutional uses in close proximity to the airport are incompatible and
inappropriate and that all development in the vicinity of the airport
should be consistent with the public safety and welfare determinations of
federal, state, and local planning authorities with specific expertise in
such planning considerations.
Airport Environs Area and Planning Commission created
SECTION 2. The 1976 Code is amended by adding:
"Section 55-11-230. (A)(1) An area designated as the airport
environs area is created within the district for purposes of assuring land
uses compatible with airport operations. The airport environs area
consists of all property contained within the rectangular area described as
follows:
All property situate within 32,200 feet southwest of
the centerpoint of the existing airport runway (being
7,600 feet in length), and 36,658 feet northeast of the
centerpoint of the existing airport runway, and 5,280
feet northwest of the centerpoint of the existing
airport runway, and 9,580 feet southeast of the
centerpoint of the existing airport runway.
(2) Within the boundaries of the airport environs area described
above, there is designated a sub-area which may require different land
use and building performance standards. This sub-area shall conform to
the area described in the Air Installation Compatible Use Zone pursuant
to DODINST 4165.57 established by the United States Air Force
applicable to runways 3L-21R (11,000 feet) and the proposed parallel
runways 3R-21L (8,500 feet) including the CLEAR ZONES,
ACCIDENT POTENTIAL ZONE I, and the ACCIDENT POTENTIAL
ZONE II. Specifically, the sub-area includes all property 1,000 feet to
each side of the runway centerlines and in a corridor 3,000 feet (1,500
feet either side of the runway centerlines) wide, extending from the
runway thresholds along the extended runway centerlines for a distance
of 15,000 feet, and shall include the property located between the two
corridors.
(B)(1) There is created the Greenville-Spartanburg Airport Environs
Planning Commission, the `Airport Environs Planning Commission',
consisting of eleven voting members, which have the powers enumerated
herein, and which must be separately constituted from the
Greenville-Spartanburg Airport Commission, as follows:
(a) two members representing and appointed by the City of Greer,
one of whom also must be a resident of Greenville County and one of
whom also must be a resident of Spartanburg County;
(b) two members representing and appointed by Spartanburg
County;
(c) one member representing and appointed by the Town of
Duncan;
(d) one member representing and appointed by the Town of
Lyman;
(e) two members representing and appointed by Greenville
County;
(f) one member representing and appointed by the City of
Mauldin;
(g) all members must be appointed or reappointed biennially by the
appointing county or municipality;
(h) two members must be appointed or reappointed biennially by
the Greenville-Spartanburg Airport District, one from Spartanburg
County, and one from Greenville County.
If the members are elected members of the county or municipal
governing body or members of the district, each such representative shall
serve ex officio and with full voting privileges.
(2) If any new municipality is created where its boundaries are
wholly or partially within the airport environs area, or if any existing
municipality extends its corporate boundaries into the airport environs
area, that municipality becomes entitled to appoint a member of the
Airport Environs Planning Commission with a representative appointed as
described in subitem (g) of item (1) of this subsection, and the
membership shall expand accordingly.
(3) The Airport Environs Planning Commission is charged with the
responsibility of:
(a) developing a coordinated comprehensive land use plan for the
airport environs area in a manner consistent with the process referred to
in the South Carolina Local Government Comprehensive Planning
Enabling Act of 1994 contained in Article 3, Chapter 29, Title 6;
however, once the Airport Environs Planning Commission has adopted a
land use plan, no further action by any other commission or governing
body is necessary in order to give effect to the regulations thereby
adopted;
(b) updating the land use plan to reflect changes in the airport
environs area and the uses of the airport; and
(c) monitoring the administration of and compliance with the plan
by the affected counties and municipalities. The commission's actions
are to assure that land use within the airport environs area is compatible
with noise, health, safety, and welfare considerations arising from the
operation of the district. The initial meeting of the Airport Environs
Planning Commission must be held within forty-five days of the effective
date of this section.
(4) By January 31, 1996, the Airport Environs Planning Commission
shall develop a uniform land use plan and uniform building performance
standards for the airport environs area, submit them for review and
comment to the governing body of each political subdivision represented
on the Airport Environs Planning Commission, as well as the South
Carolina Department of Commerce and the Federal Aviation
Administration, conduct public hearings pursuant to Article 3, Chapter
29, Title 6, on the proposed uniform plan and standards. After receiving
comments and conducting hearings, the Airport Environs Planning
Commission shall adopt a land use plan and building performance
standards to be effective throughout the airport environs area and
enforced fully and without amendment by each political subdivision
represented on the Airport Environs Planning Commission. The Airport
Environs Planning Commission, by majority of all voting members, may
extend the January 31, 1996, deadline for a reasonable period of time not
to exceed beyond March 31, 1996, for the completion of these tasks.
Each political subdivision shall enforce the uniform plan and standards as
an `overlay zone', identifying areas subject to regulation which are
supplementary to the existing regulations of that political subdivision, or
as new or superseding provisions to that political subdivision's
ordinances. If there is a conflict between the provisions adopted by the
Airport Environs Planning Commission under this section or regulations
of a political subdivision applicable to the airport environs area, then the
provisions adopted by the Airport Environs Planning Commission under
this section shall govern. If a uniform land use plan or uniform building
performance standards are not developed by the Airport Environs
Planning Commission in the manner provided in this section, any of the
entities represented on the Airport Environs Planning Commission may
file an action for relief, including mandamus or injunctive relief, in the
Circuit Court for Greenville or Spartanburg County, to require adoption
of the plan, or standards, or both, as directed by this section. Such an
action must be brought within sixty days of the deadline as set forth
above.
(5) The Airport Environs Planning Commission shall
organize itself, electing one of its members as chairman and one of its
members as vice chairman, whose terms must be for two years. It shall
appoint a secretary, who may or may not be a member, but who must be
a representative or employee of the Airport District. The secretary shall
give notice of all meetings to all members of the Airport Environs
Planning Commission at least three business days prior to the
meeting.
(6) The Airport Environs Planning Commission shall provide for the
keeping of minutes of its proceedings which shall be a public record. A
majority of the voting members of the Airport Environs Planning
Commission shall constitute a quorum. A quorum shall be present before
any business is conducted, other than the rescheduling of the meeting. A
member must be present to vote. All decisions shall be by majority vote
of the members present and voting. The Airport Environs Planning
Commission, as it considers appropriate, may utilize committees and
subcommittees. The general administrative expenses of the Airport
Environs Planning Commission shall be borne by the
Greenville-Spartanburg Airport District. A budget for such expenses
shall be developed by the Airport Environs Planning Commission to
include anticipated costs for consultants.
(7) The Airport Environs Planning Commission is subject to the
provisions of the Freedom of Information Act as contained in Chapter 4,
Title 30.
(8) The Airport Environs Planning Commission shall work with the
Greenville and Spartanburg County Planning Commissions and the
planning commission of each affected municipality in the performance of
its duties as outlined in item (4) of this subsection. The costs of the
services of consultants and advisors, other than provided for in the
budget, rendered to the Airport Environs Planning Commission at the
request of a specific member must be borne by that member unless
otherwise approved by the Airport Environs Planning Commission.
(9) In developing the uniform land use plan and uniform building
standards, the Airport Environs Planning Commission shall specifically
address, among other items, the following specific issues:
(a) the providing of record notice to property owners of the fact
that their property is within the airport environs area;
(b) density criteria for the airport environs area;
(c) sound abatement permit and building criteria;
(d) incompatible use criteria and definition for the sub-area and the
remaining property within the airport environs area;
(e) height restriction criteria;
(f) lighting hazard criteria within the airport environs area;
(g) applicable FAA and state regulations for airport activities and
operations;
(h) in the airport environs area not included in the sub-area, a
method by which landowners may seek variances or exemptions from the
plans or standards by executing in recordable form avigation easements,
releases, or other appropriate documentation in a form approved by the
Airport Environs Planning Commission;
(i) application and review processes for building permits;
(j) the providing of ongoing notice to the Airport Environs
Planning Commission and each of its members of pending zoning or
permitting requests and other actions in the affected counties and
municipalities to assure that each member has notice and the opportunity
to be heard with respect to such actions;
(k) enforcement and penalty provisions, including injunctive
relief;
(l) the utilization of fees to be imposed to defray costs for services
and attendant expenses involved in the administration of the
regulations;
(m) the development of uniform standards for regulating
nonconforming uses; and
(n) the uses in the airport environs area and the sub-area based on
future projected uses of the airport which are not compatible and should
not be permitted, which are basically incompatible and should be
discouraged, and which are generally compatible with some limitations or
restrictions. Such determination shall take into account the public safety
and public welfare findings set forth in Section 1 hereof. Such
determinations are to conform to and be consistent with noise and
overflight zone-compatible land use recommendations of federal and state
authorities, including specifically policies established by the United States
Air Force pursuant to DODINST 4165.57 Air Installation Compatible
Use Zone (A1CUZ), the uses recommended in the 1993
Greenville-Spartanburg Development Plan adopted by the county
planning commissions, and the South Carolina Department of Commerce,
Aviation Division.
(10) Following the adoption of the uniform land use plan and
uniform building and performance standards by the Airport Environs
Planning Commission, each political subdivision is responsible for the
implementation and administration of the uniform provisions within its
jurisdiction, including all administrative costs incurred in connection
therewith. The district shall pay for any exceptional administrative costs
determined by the Airport Environs Planning Commission, and agreed to
by the district, to be direct and reasonable costs resulting from any
special task required in the administration of the uniform plan and
building performance standards. Additionally, the district shall pay for
the reasonable administrative expenses involved in the monitoring
activities described in subitem (c) of item (3) of this subsection. The
Airport Environs Planning Commission shall meet at least annually to
review the administration of the uniform plan and building performance
standards by the member bodies, to consider issues which may require
modifications or additions to the uniform provisions, to recommend
appropriate studies to evaluate the effectiveness of the objectives of the
uniform provisions, to consider future activities of the district and the
impact of the same upon the airport environs area, and conduct such
other business as may be appropriate. Based upon these activities, the
Airport Environs Planning Commission may determine a need for
amendments to the uniform provisions. Amendments shall be made in
accord with the same uniform provisions on conducting hearings and
submitting for review and comments for the initial uniform land use plan
and uniform building performance standards.
(11)(a) In connection with the administration of the uniform
provisions by any member political subdivision, the Airport Environs
Planning Commission as a whole or any of its member bodies
individually or collectively, including the district, have standing to appear
and support or oppose the proposed action of the particular political
subdivision involved and have the same standing to appeal this action as
the affected political subdivision or the affected landowner would have
under Article 5, Chapter 29, Title 6.
(b) Affected property owners or other aggrieved parties have the
same standing to appeal rights with respect to a decision by a member
political subdivision pursuant to its administration of the uniform
provisions as property owners or aggrieved parties have in accordance
with the appeal processes provided in Article 5, Chapter 29, Title 6.
(12) A lawful use which exists on the date of adoption by the
Airport Environs Planning Commission of the uniform provisions
required by this section and which is inconsistent with the provisions of
the uniform land use plan or uniform performance building standards is
exempt from the uniform provisions, and any regulation created by these
uniform provisions may not require the removal or alteration of any
structure that, as it exists when the uniform provisions are adopted, did
not conform to that regulation.
(13) All costs, fees, or awards, or any combination of these, arising
from or as a result of any action of the Airport Environs Planning
Commission or the enforcement of the uniform provisions enacted
pursuant to this section in excess of any state or federal funds received to
defray such costs, fees, or awards must be borne by the counties in which
the Greenville-Spartanburg Airport District is located; provided, however,
any municipality or county administering the comprehensive land use
plan and uniform buildings standards adopted by the Airport Environs
Planning Commission is only liable for any costs, fees, or awards arising
from their ministerial acts."
Notice to property owners
SECTION 3. Within sixty days after the effective date of this act, the
Greenville-Spartanburg Airport Environs Planning Commission shall give
actual notice, by use of the United States Postal Service, to those
property owners, whose property is located partially or totally within the
airport environs area as described in this act.
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995. |