Current Status Bill Number:
1169Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960222Primary Sponsor: ThomasAll Sponsors: Thomas, J. Verne Smith and BryanDrafted Document Number: pt\2264dw.96Companion Bill Number: 4647Residing Body: SenateCurrent Committee: Transportation Committee 15 STSubject: Greenville-Spartanburg Airport Environs Area
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960222 Introduced, read first time, 15 ST referred to CommitteeView additional legislative information at the LPITS web site.
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, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 55-11-230(A) of the 1976 Code, as added by Act 100 of 1995, is amended to read:
"(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 counterpoint of the existing airport runway (being 7,600 feet in length), and 36,658 feet northeast of the counterpoint of the existing airport runway, and 5,280 feet northwest of the counterpoint of the existing airport runway, and 9,580 feet southeast of the counterpoint 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
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 sub-area 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."
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 June 30, 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."
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 sub-area and the remaining property within the airport environs area;"
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) 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;"
SECTION 5. This act takes effect upon approval by the Governor.