Current Status Bill Number:
3604Ratification Number: 154Act Number: 100Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950215Primary Sponsor: WilkinsAll Sponsors: Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and CatoDrafted Document Number: pt\1718dw.95Date Bill Passed both Bodies: 19950601Date of Last Amendment: 19950601Governor's Action: SDate of Governor's Action: 19950612Subject: Airport Environs Area
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19950612 Act No. A100 ------ 19950612 Signed by Governor ------ 19950606 Ratified R154 House 19950601 Concurred in Senate amendment, enrolled for ratification Senate 19950601 Amended, read third time, returned to House with amendment Senate 19950530 Read second time, notice of general amendments Senate 19950523 Recalled from Committee, 15 ST placed on the Calendar Senate 19950420 Introduced, read first time, 15 ST referred to Committee House 19950419 Read third time, sent to Senate House 19950418 Amended, read second time House 19950412 Debate adjourned until Tuesday, 19950418 House 19950411 Debate adjourned until Wednesday, 19950412 House 19950404 Debate adjourned until Tuesday, 19950411 House 19950328 Debate adjourned until Tuesday, 19950404 House 19950322 Committee report: Favorable 26 HLCI House 19950215 Introduced, read first time, 26 HLCI referred to CommitteeView additional legislative information at the LPITS web site.
(A100, R154, H3604)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-230 SO AS TO CREATE AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND CREATE AN AIRPORT ENVIRONS PLANNING COMMISSION, TO CONFER CERTAIN POWERS TO THE COMMISSION TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION, TO PROVIDE THAT ANY LAWFUL USE WHICH EXISTS ON THE DATE OF ADOPTION BY THE COMMISSION OF UNIFORM PROVISIONS AND WHICH IS INCONSISTENT WITH THE PROVISIONS OF THE UNIFORM LAND USE PLAN OR UNIFORM PERFORMANCE BUILDING STANDARDS IS EXEMPT FROM THE UNIFORM PROVISIONS, TO PROVIDE THAT ANY COSTS, FEES, OR AWARDS ARISING FROM OR AS A RESULT OF ANY ACTION OF THE COMMISSION OR ENFORCEMENT OF THE UNIFORM PROVISIONS IN EXCESS OF FUNDS RECEIVED TO DEFRAY THESE COSTS, FEES, OR AWARDS MUST BE BORNE BY THE COUNTIES IN WHICH THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT IS LOCATED, TO PROVIDE THAT ANY MUNICIPALITY OR COUNTY ADMINISTERING THE COMPREHENSIVE LAND USE PLAN AND UNIFORM BUILDING STANDARDS ADOPTED BY THE COMMISSION IS ONLY LIABLE FOR ANY COSTS, FEES, OR AWARDS ARISING FROM THEIR MINISTERIAL ACTS; AND TO PROVIDE THAT WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS ACT THE COMMISSION MUST GIVE ACTUAL NOTICE, BY USE OF THE UNITED STATES POSTAL SERVICE, TO THOSE PROPERTY OWNERS WHOSE PROPERTY IS LOCATED PARTIALLY OR TOTALLY WITHIN THE AIRPORT ENVIRONS AREA.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds that airport hazards threaten the lives and property of users of the Greenville-Spartanburg Airport and of occupants of land in its vicinity; if of the obstruction type, these hazards reduce the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment in it. It is further found that other hazards may arise from certain activities and uses of land in the immediate vicinity of the Greenville-Spartanburg Airport that are not compatible with normal airport operations, and may, if not regulated, endanger the lives of passengers and persons on the ground, adversely affect their health, or otherwise limit the accomplishment of normal activities. It is further found that because the areas impacted by these airport hazards are within different political jurisdictions, a coordinated, community-wide approach is required to protect the public interest. Accordingly, it is declared that:
(1) for the purposes of this section, an airport hazard is any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in taking off, maneuvering, or landing of aircraft, or which involves certain activities and uses of land in the immediate vicinity of airports, which are not compatible with normal airport operations, and may, if not regulated, adversely affect the health of residents in the vicinity;
(2) the creation or establishment of an airport hazard and the incompatible use of land in the Greenville-Spartanburg Airport vicinities are public nuisances and injure the community served by the Greenville-Spartanburg Airport;
(3) it is therefore necessary in the interest of public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be regulated and prevented to assure adequate airspace and uses compatible with airport noise and in the interests of public safety; and
(4) this should be accomplished by the exercise of local police powers and existing administrative and regulatory procedures, without additional compensation, on a coordinated, community-wide basis.
(B) It is further declared that limiting and regulating land uses incompatible with normal airport operations as presently existing and as may be planned, preventing the creation or establishment of airport hazards, and eliminating, removing, altering, mitigating, or marking and lighting of existing airport hazards are public purposes.
(C) It is further found that the public welfare in the upstate of South Carolina is greatly enhanced by having an airport which can meet the demands of, and support the economic growth in, the upstate. In that connection, it is found that high density residential and certain institutional uses in close proximity to the airport are incompatible and inappropriate and that all development in the vicinity of the airport should be consistent with the public safety and welfare determinations of federal, state, and local planning authorities with specific expertise in such planning considerations.
Airport Environs Area and Planning Commission created
SECTION 2. The 1976 Code is amended by adding:
"Section 55-11-230. (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 centerpoint of the existing airport runway (being 7,600 feet in length), and 36,658 feet northeast of the centerpoint of the existing airport runway, and 5,280 feet northwest of the centerpoint of the existing airport runway, and 9,580 feet southeast of the centerpoint 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 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 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.
(B)(1) There is created the Greenville-Spartanburg Airport Environs Planning Commission, the `Airport Environs Planning Commission', consisting of eleven 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) one member representing and appointed by the Town of Lyman;
(e) two members representing and appointed by Greenville County;
(f) one member representing and appointed by the City of Mauldin;
(g) all members must be appointed or reappointed biennially by the appointing county or municipality;
(h) 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.
(2) If any new municipality is created where its boundaries are wholly or partially within the airport environs area, or if any existing municipality extends its corporate boundaries into the airport environs area, that municipality becomes entitled to appoint a member of the Airport Environs Planning Commission with a representative appointed as described in subitem (g) of item (1) of this subsection, and the membership shall expand accordingly.
(3) The Airport Environs Planning Commission is charged with the responsibility of:
(a) developing a coordinated comprehensive land use plan for the airport environs area in a manner consistent with the process referred to in the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 contained in Article 3, Chapter 29, Title 6; however, once the Airport Environs Planning Commission has adopted a land use plan, no further action by any other commission or governing body is necessary in order to give effect to the regulations thereby adopted;
(b) updating the land use plan to reflect changes in the airport environs area and the uses of the airport; and
(c) monitoring the administration of and compliance with the plan by the affected counties and municipalities. The commission's actions are to assure that land use within the airport environs area is compatible with noise, health, safety, and welfare considerations arising from the operation of the district. The initial meeting of the Airport Environs Planning Commission must be held within forty-five days of the effective date of this section.
(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.
(5) The Airport Environs Planning Commission shall organize itself, electing one of its members as chairman and one of its members as vice chairman, whose terms must be for two years. It shall appoint a secretary, who may or may not be a member, but who must be a representative or employee of the Airport District. The secretary shall give notice of all meetings to all members of the Airport Environs Planning Commission at least three business days prior to the meeting.
(6) The Airport Environs Planning Commission shall provide for the keeping of minutes of its proceedings which shall be a public record. A majority of the voting members of the Airport Environs Planning Commission shall constitute a quorum. A quorum shall be present before any business is conducted, other than the rescheduling of the meeting. A member must be present to vote. All decisions shall be by majority vote of the members present and voting. The Airport Environs Planning Commission, as it considers appropriate, may utilize committees and subcommittees. The general administrative expenses of the Airport Environs Planning Commission shall be borne by the Greenville-Spartanburg Airport District. A budget for such expenses shall be developed by the Airport Environs Planning Commission to include anticipated costs for consultants.
(7) The Airport Environs Planning Commission is subject to the provisions of the Freedom of Information Act as contained in Chapter 4, Title 30.
(8) The Airport Environs Planning Commission shall work with the Greenville and Spartanburg County Planning Commissions and the planning commission of each affected municipality in the performance of its duties as outlined in item (4) of this subsection. The costs of the services of consultants and advisors, other than provided for in the budget, rendered to the Airport Environs Planning Commission at the request of a specific member must be borne by that member unless otherwise approved by the Airport Environs Planning Commission.
(9) In developing the uniform land use plan and uniform building standards, the Airport Environs Planning Commission shall specifically address, among other items, the following specific issues:
(a) the providing of record notice to property owners of the fact that their property is within the airport environs area;
(b) density criteria for the airport environs area;
(c) sound abatement permit and building criteria;
(d) incompatible use criteria and definition for the sub-area and the remaining property within the airport environs area;
(e) height restriction criteria;
(f) lighting hazard criteria within the airport environs area;
(g) applicable FAA and state regulations for airport activities and operations;
(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;
(i) application and review processes for building permits;
(j) the providing of ongoing notice to the Airport Environs Planning Commission and each of its members of pending zoning or permitting requests and other actions in the affected counties and municipalities to assure that each member has notice and the opportunity to be heard with respect to such actions;
(k) enforcement and penalty provisions, including injunctive relief;
(l) the utilization of fees to be imposed to defray costs for services and attendant expenses involved in the administration of the regulations;
(m) the development of uniform standards for regulating nonconforming uses; and
(n) the uses in the airport environs area and the sub-area based on future projected uses of the airport which are not compatible and should not be permitted, which are basically incompatible and should be discouraged, and which are generally compatible with some limitations or restrictions. Such determination shall take into account the public safety and public welfare findings set forth in Section 1 hereof. Such determinations are to conform to and be consistent with noise and overflight zone-compatible land use recommendations of federal and state authorities, including specifically policies established by the United States Air Force pursuant to DODINST 4165.57 Air Installation Compatible Use Zone (A1CUZ), the uses recommended in the 1993 Greenville-Spartanburg Development Plan adopted by the county planning commissions, and the South Carolina Department of Commerce, Aviation Division.
(10) Following the adoption of the uniform land use plan and uniform building and performance standards by the Airport Environs Planning Commission, each political subdivision is responsible for the implementation and administration of the uniform provisions within its jurisdiction, including all administrative costs incurred in connection therewith. The district shall pay for any exceptional administrative costs determined by the Airport Environs Planning Commission, and agreed to by the district, to be direct and reasonable costs resulting from any special task required in the administration of the uniform plan and building performance standards. Additionally, the district shall pay for the reasonable administrative expenses involved in the monitoring activities described in subitem (c) of item (3) of this subsection. The Airport Environs Planning Commission shall meet at least annually to review the administration of the uniform plan and building performance standards by the member bodies, to consider issues which may require modifications or additions to the uniform provisions, to recommend appropriate studies to evaluate the effectiveness of the objectives of the uniform provisions, to consider future activities of the district and the impact of the same upon the airport environs area, and conduct such other business as may be appropriate. Based upon these activities, the Airport Environs Planning Commission may determine a need for amendments to the uniform provisions. Amendments shall be made in accord with the same uniform provisions on conducting hearings and submitting for review and comments for the initial uniform land use plan and uniform building performance standards.
(11)(a) In connection with the administration of the uniform provisions by any member political subdivision, the Airport Environs Planning Commission as a whole or any of its member bodies individually or collectively, including the district, have standing to appear and support or oppose the proposed action of the particular political subdivision involved and have the same standing to appeal this action as the affected political subdivision or the affected landowner would have under Article 5, Chapter 29, Title 6.
(b) Affected property owners or other aggrieved parties have the same standing to appeal rights with respect to a decision by a member political subdivision pursuant to its administration of the uniform provisions as property owners or aggrieved parties have in accordance with the appeal processes provided in Article 5, Chapter 29, Title 6.
(12) A lawful use which exists on the date of adoption by the Airport Environs Planning Commission of the uniform provisions required by this section and which is inconsistent with the provisions of the uniform land use plan or uniform performance building standards is exempt from the uniform provisions, and any regulation created by these uniform provisions may not require the removal or alteration of any structure that, as it exists when the uniform provisions are adopted, did not conform to that regulation.
(13) All costs, fees, or awards, or any combination of these, arising from or as a result of any action of the Airport Environs Planning Commission or the enforcement of the uniform provisions enacted pursuant to this section in excess of any state or federal funds received to defray such costs, fees, or awards must be borne by the counties in which the Greenville-Spartanburg Airport District is located; provided, however, any municipality or county administering the comprehensive land use plan and uniform buildings standards adopted by the Airport Environs Planning Commission is only liable for any costs, fees, or awards arising from their ministerial acts."
Notice to property owners
SECTION 3. Within sixty days after the effective date of this act, the Greenville-Spartanburg Airport Environs Planning Commission shall give actual notice, by use of the United States Postal Service, to those property owners, whose property is located partially or totally within the airport environs area as described in this act.
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1995.