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Bill Number: 1355 Ratification Number: 688 Act Number 597 Introducing Body: Senate Subject: Assessments for construction of water or sewer line
(A597, R688, S1355)
AN ACT TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER-RELATED CAPITAL IMPROVEMENTS AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.
Be it enacted by the General Assembly of the State of South Carolina:
Assessments for construction of water or sewer line
SECTION 1. The first and second paragraphs of Section 6-11-1230(4) are amended to read:
"To provide by resolution that the actual cost of the establishment and construction of a water distribution line or sewer lateral collection line hereafter constructed by the commission and an extension of a line within the district, or so much of the actual cost as the commission considers appropriate, must be assessed subject to the provisions of the next paragraph upon the lots and parcels of land abutting directly on the lateral line or extension of a line according to the extent of the respective frontage on them, by an equal rate per foot of frontage; but the commission may provide, in the instance of corner lots, for an assessment considered to be equitable. If the area to be served is part of a development plan or zoned for residential use, then an assessment may be levied by the commission on a parcel or per unit basis rather than on a front-foot basis. As used in this section, 'front-foot assessment' includes assessments levied on a parcel or per unit basis. The commission may provide in the resolution that the front-foot assessments to be levied in connection with the installations may be paid in equal installments covering a period of not exceeding twenty years. The deferred payments are payable annually within the period that county taxes are payable and late payments must be penalized to the same extent as in the case of county taxes.
The General Assembly does not intend through this article to permit assessments against abutting property where no benefit results to the property or where a benefit results only at some remote future time. Accordingly, no commission pursuant to this article may impose a front-foot assessment against any property unless the property is being used for or is devoted to commercial or residential purposes at the time of the assessment or unless, in the case of properties on which no buildings are situate, those properties have been platted, zoned, or otherwise developed as a part of a subdivision devoted to residential or commercial purposes. If any property pursuant to the provisions of this paragraph is exempt from front-foot assessment at the time the assessment is originally levied, is later converted to commercial, industrial, or residential purposes, or is later platted, zoned, or otherwise developed then at that time front-foot assessments may be levied against the property. No individual residential parcel may be assessed on the basis of more than two hundred fifty feet of frontage."
SECTION 2. This act takes effect upon approval by the Governor.