S 966 Session 111 (1995-1996)
S 0966 General Bill, By M.T. Rose and Leventis
A Bill to amend Chapter 12 of Title 31, Code of Laws of South Carolina, 1976,
relating to redevelopment of military installations, so as to prohibit
development inconsistent with federally recommended accident potential zones
located around the airfield of any military installation which was the subject
of a federal base closure process within the past five years and to provide
for the regulation of such development.
12/04/95 Senate Prefiled
12/04/95 Senate Referred to Committee on Finance
01/09/96 Senate Introduced and read first time SJ-75
01/09/96 Senate Referred to Committee on Finance SJ-75
A BILL
TO AMEND CHAPTER 12 OF TITLE 31, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT
OF MILITARY INSTALLATIONS, SO AS TO PROHIBIT
DEVELOPMENT INCONSISTENT WITH FEDERALLY
RECOMMENDED ACCIDENT POTENTIAL ZONES LOCATED
AROUND THE AIRFIELD OF ANY MILITARY
INSTALLATION WHICH WAS THE SUBJECT OF A FEDERAL
BASE CLOSURE PROCESS WITHIN THE PAST FIVE YEARS
AND TO PROVIDE FOR THE REGULATION OF SUCH
DEVELOPMENT.
Whereas, the federal government, through the office of the
Secretary of Defense, instituted an initiative to study and
recommend for closure and realignment numerous United States
military installations throughout the world;
Whereas, the federal initiative led to the creation of the Defense
Base Closure and Realignment Commission
("Commission") to evaluate and recommend for closure
certain targeted military installations;
Whereas, several South Carolina military installations, including the
Charleston Naval Shipyard , the Charleston Naval Base, the
Charleston Air Force Base, the Shaw Air Force Base, and the
Myrtle Beach Air Force Base, were included in the list of targeted
installations;
Whereas, the Charleston Naval Shipyard, the Charleston Naval
Base, and the Myrtle Beach Air Force Base were closed as a result
of the Commission's recommendations, resulting in substantial
adverse economic impact on the economy of South Carolina;
Whereas, the General Assembly of the State of South Carolina is
concerned for the public safety as well as the continued economic
welfare of the State;
Whereas, the General Assembly finds that the location and retention
of military and other similar installations within the State promotes
the general welfare of the State and its citizens;
Whereas, the General Assembly finds that the viability of military
and other similar installations is heavily dependent upon a well
constructed, managed, and regulated airfield;
Whereas, the General Assembly finds that proper zoning and land
use planning is critical to minimizing the hazards to public safety
inherent in the operation of an airfield;
Whereas, the Department of Defense has completed a Joint Land
Use Study recommending certain restrictions, and these restrictions
are represented by a corridor three thousand feet wide extending
fifteen thousand feet from the end of each runway and known as
the Accident Potential Zone;
Whereas, encroachment of the Accident Potential Zone could
involve a critical and substantial accident risk and jeopardize the
fragile potential for retention of military and other installations
within the State; and
Whereas, due to military force downsizing, there is an abundance of
options, e.g. air bases, in the United States to which the limited
mission of the state's remaining military installations could be
relocated. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 12, Title 31 of the 1976 Code is amended
by adding:
Section 31-12-330. As used in this chapter, unless the context
clearly indicates otherwise:
(1) `Accident Potential Zone' means a corridor beginning at the
end of the runway of a military installation consisting of an area
three thousand feet in width and fifteen thousand feet in length
which is divided into a Clear Zone, Accident Potential Zone I, and
Accident Potential Zone II as defined herein.
(2) `Clear Zone' means a corridor three thousand feet in width
and three thousand feet in length. The length of the corridor shall
begin at the end of the runway and extend three thousand feet
beyond.
(3) `Accident Potential Zone I' means a corridor three thousand
feet in width and five thousand feet in length. The length of the
corridor shall begin at the end of the clear zone and extend five
thousand feet beyond.
(4) `Accident Potential Zone II' means a corridor three thousand
feet in width and seven thousand feet in length. The length of the
corridor shall begin at the end of Accident Potential Zone I and
extend seven thousand feet beyond.
Section 31-12-340. The corridor beginning at the end of the
runway of a military installation and consisting of an area three
thousand feet in width and fifteen thousand feet in length is hereby
declared an Accident Potential Zone. Notwithstanding any other
provision of law, no property located within any portion of a
designated Accident Potential Zone of a military installation which
was the subject of a base closure study within the past five years
may be developed for any purpose unless the local governing body
of the county or municipality where the property is located has
enacted by ordinance appropriate zoning and land use planning
regulations consistent with safety guidelines outlined in the Joint
Land Use Study of military installations prepared by the United
States Air Force.
Section 31-12-350. (A) Prior to permitting the development of
any property located within a designated Accident Potential Zone,
the local governing body of the county or municipality where the
property is located and any person proposing to implement
development within the designated Accident Potential Zone must
submit to the South Carolina Budget and Control Board for review
and approval a copy of all ordinances enacted pursuant to the
provisions of Section 31-12-340 and a site development plan
prepared by the proposed developer. The Budget and Control
Board must review the ordinance and site development plan to
determine whether they are consistent with federal recommendations
for development within an Accident Potential Zone and notify the
local governing body in writing of all such determinations. If an
ordinance or site development plan is rejected by the Budget and
Control Board, it must be returned to the local governing body and
to the developer accompanied by a letter detailing the deficiencies
which must be addressed prior to resubmission. If the ordinance
and site development plan are accepted, implementation may begin
within ten days after written notice is received from the Budget and
Control Board.
(B) No development may occur within a designated Accident
Potential Zone after the effective date of this act without prior
compliance with all provisions of this act.
(C) Failure to submit the ordinance and site development plan to
the Budget and Control Board for approval and to obtain written
approval of any proposed development as stated above prior to the
implementation of development within a designated Accident
Potential Zone is a misdemeanor punishable by a fine of two
hundred dollars per day or thirty days in jail for each day of
violation with each day constituting a separate violation. In
addition to the fine or jail term, the cost of removal of all
unauthorized structures must be paid by the local governing body
and the developer in equal shares.
Section 31-12-360. Within sixty days after receipt of the notice
of rejection of an ordinance or site development plan, or both, the
local governing body and the developer may submit a revised
ordinance and site development plan for consideration, provided
that an ordinance and site development plan which are rejected
twice within the same year may not be resubmitted for
consideration until the expiration of one year following the date of
the last notice of rejection.
Section 31-12-370. The local governing body must monitor all
phases of development of property within a designated Accident
Potential Zone to ensure strict compliance with the ordinance and
approved plan and to make periodic reports as requested to the
Budget and Control Board of development progress.
Section 31-12-380. The Budget and Control Board in reviewing
ordinances and site development plans for Accident Potential Zones
must strictly adhere to the state's policy of minimization and
removal of development within these zones and shall approve only
those ordinances and site development plans that meet the strictest
safety standards outlined in the Air Force's Joint Land Use Study,
provided that the State of South Carolina must compensate at fair
market value any land owner whose property is diminished by fifty
percent in value due to actions of the Budget and Control Board
directly related to compliance with this chapter."
SECTION 2. This act takes effect upon approval by the
Governor.
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