Current Status Introducing Body:Senate Bill Number:58 Primary Sponsor:Rose Committee Number:11 Type of Legislation:GB Subject:Local governments, development fees Residing Body:Senate Current Committee:Judiciary Computer Document Number:58 Introduced Date:Jan 08, 1991 Last History Body:Senate Last History Date:Jan 08, 1991 Last History Type:Introduced and read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN
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58 Senate Jan 08, 1991 Introduced and read first 11
time, referred to Committee
58 Senate Sep 10, 1990 Prefiled, referred to 11
Committee
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TO AMEND CHAPTER 1, TITLE 6 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT BY ADDING SECTIONS 6-1-60 AND 6-1-70 SO AS TO PROVIDE THAT LOCAL GOVERNMENTS MAY ASSESS DEVELOPMENT FEES TO OFFSET COSTS ASSOCIATED WITH PROVIDING NECESSARY PUBLIC SERVICES TO A DEVELOPMENT, AND TO PROVIDE DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. (A) Local government may assess development fees to offset costs to the local government associated with providing necessary public services to a development project.
(B) Development fees assessed by a local government under this section are subject to the following requirements:
1. Development fees shall result in a beneficial use to the development.
2. Monies received from development fees assessed pursuant to this section shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section.
3. The schedule for payment of fees shall be provided by the local government. The development of residential dwelling units shall be required to pay development fees when construction permits for the dwelling units are issued.
4. The amount of any development fees assessed pursuant to this section must bear a reasonable relationship to the burden imposed upon the local government to provide additional necessary public services to the development.
5. If development fees are assessed by a local government, such fees shall be assessed in a manner which does not discriminate without a reasonable rationale basis.
(C) A local government must give at least thirty days' advance notice of intention to assess or increase development fees. A public hearing shall be conducted at least fourteen days prior to the scheduled date of adoption of a new or increased fee. A development fee assessed pursuant to this section shall not be effective until ninety days after its adoption by the governing body of a local government. This subsection shall not affect any development fee adopted prior to July, 1990.
Section 6-1-70. As used in this chapter:
(1) 'Development project' means any project undertaken for the purpose of development which includes, but is not limited to work involving the issuance of a permit for construction or reconstruction, but not the issuance of a permit to operate.
(2) 'Fee' means a monetary exaction which is charged by a local government to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include costs for processing applications for governmental regulatory actions or approvals.
(3) 'Local government' means a county, city, school district, special purpose district, or any other municipal public corporation or district.
(4) 'Public facilities' includes public improvements, public services, and community amenities."
SECTION 2. This act takes effect upon approval by the Governor.