H*4647(Rat #0292, Act #0265 of 1996)  General Bill, By Vaughn, Allison, 
Anderson, Cato, Easterday, Haskins, R.J. Herdklotz, M.F. Jaskwhich, Lanford, 
Littlejohn, Loftis, McMahand, Rice, Tripp, C.C. Wells and Wilkins

Similar(S 1169)
 A Bill to amend Section 55-11-230, Code of Laws of South Carolina, 1976,
 relating to the creation of an Airport Environs Area and Sub-area within the
 Greenville-Spartanburg Airport District, so as to further provide for the
 environs area, delay the date for completion of the tasks required by the
 Airport Environs Planning Commission, reduce the composition of the Commission
 from eleven to nine members deleting representatives from the town of Lyman
 and the city of Mauldin, provide that this Section does not apply to dwellings
 or other buildings which are damaged or destroyed and which are subsequently
 repaired or rebuilt, and provide that currently serving members of the
 Commission shall continue to serve until March 31, 1996.-amended title

   02/21/96  House  Introduced and read first time HJ-10
   02/21/96  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-10
   02/21/96  House  Recalled from Committee on Labor, Commerce and
                     Industry HJ-40
   02/26/96  House  Read second time HJ-29
   02/26/96  House  Roll call Yeas-12 Nays-0 HJ-29
   03/06/96  House  Read third time and sent to Senate HJ-12
   03/06/96  Senate Introduced and read first time SJ-15
   03/06/96  Senate Referred to Committee on Transportation SJ-15
   03/13/96  Senate Recalled from Committee on Transportation SJ-18
   03/13/96  Senate Read second time SJ-18
   03/13/96  Senate Ordered to third reading with notice of
                     amendments SJ-18
   03/14/96  Senate Amended SJ-11
   03/14/96  Senate Read third time and returned to House with
                     amendments SJ-11
   03/20/96  House  Point of order- Rule 9.1-Senate amendments not
                     printed and on desks for 24 hours HJ-42
   03/21/96  House  Concurred in Senate amendment and enrolled HJ-41
   03/26/96         Ratified R 292
   04/01/96         Signed By Governor
   04/01/96         Effective date 04/01/96 but members currently
                     serving pursuant to Sec. 55-11-230(B)(1) shall
                     continue to serve until 03/31/96
   04/09/96         Copies available
   04/09/96         Act No. 265

AN ACT TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION, REDUCE THE COMPOSITION OF THE COMMISSION FROM ELEVEN TO NINE MEMBERS DELETING REPRESENTATIVES FROM THE TOWN OF LYMAN AND THE CITY OF MAULDIN, PROVIDE THAT THIS SECTION DOES NOT APPLY TO DWELLINGS OR OTHER BUILDINGS WHICH ARE DAMAGED OR DESTROYED AND WHICH ARE SUBSEQUENTLY REPAIRED OR REBUILT, AND PROVIDE THAT CURRENTLY SERVING MEMBERS OF THE COMMISSION SHALL CONTINUE TO SERVE UNTIL MARCH 31, 1996.

Be it enacted by the General Assembly of the State of South Carolina:

Environs area

SECTION 1. Section 55-11-230(A) of the 1976 Code, as added by Act 100 of 1995, is amended to read:

"(A) 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 area described as follows:

All property consisting of 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 environs 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; provided, however, that the southwestern boundary of the environs area shall be the middle of Rocky Creek."

Deadline extended

SECTION 2. Section 55-11-230(B)(4) of the 1976 Code, as added by Act 100 of 1995, is amended to read:

"(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."

References corrected

SECTION 3. Section 55-11-230(B)(9)(d) of the 1976 Code, as added by Act 100 of 1995, is amended to read:

"(d) incompatible use criteria and definition for the airport environs area;"

References corrected

SECTION 4. Section 55-11-230(B)(9)(h) of the 1976 Code, as added by Act 100 of 1995, is amended to read:

"(h) 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;"

Environs planning commission - composition

SECTION 5. Section 55-11-230(B)(1) of the 1976 Code, as added by Act 100 of 1995, is further amended to read:

"(1) There is created the Greenville-Spartanburg Airport Environs Planning Commission, the `Airport Environs Planning Commission', consisting of nine 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) two members representing and appointed by Greenville County;

(e) all members must be appointed or reappointed biennially by the appointing county or municipality;

(f) 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."

Exceptions

SECTION 6. Section 55-11-230 of the 1976 Code, as added by Act 100 of 1995, is further amended by adding at the end:

"(C) The provisions of this section do not apply to dwellings or other buildings which are damaged or destroyed and which are subsequently repaired or rebuilt."

Time effective

SECTION 7. This act shall take effect upon approval by the Governor, but members currently serving pursuant to Section 55-11-230(B)(1) shall continue to serve until March 31, 1996.

Approved the 1st day of April, 1996.