Current Status Bill Number:966 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Rose All Sponsors:Rose, Leventis Drafted Document Number:RES9827.MTR Residing Body:Senate Current Committee:Finance Committee 06 SF Subject:Military installations, accident potential zones
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960109 Introduced, read first time, 06 SF
referred to Committee
Senate 19951204 Prefiled, referred to Committee 06 SF
View additional legislative information at the LPITS web site.
TO AMEND CHAPTER 12 OF TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEVELOPMENT OF MILITARY INSTALLATIONS, SO AS TO PROHIBIT DEVELOPMENT INCONSISTENT WITH FEDERALLY RECOMMENDED ACCIDENT POTENTIAL ZONES LOCATED AROUND THE AIRFIELD OF ANY MILITARY INSTALLATION WHICH WAS THE SUBJECT OF A FEDERAL BASE CLOSURE PROCESS WITHIN THE PAST FIVE YEARS AND TO PROVIDE FOR THE REGULATION OF SUCH DEVELOPMENT.
Whereas, the federal government, through the office of the Secretary of Defense, instituted an initiative to study and recommend for closure and realignment numerous United States military installations throughout the world;
Whereas, the federal initiative led to the creation of the Defense Base Closure and Realignment Commission ("Commission") to evaluate and recommend for closure certain targeted military installations;
Whereas, several South Carolina military installations, including the Charleston Naval Shipyard, the Charleston Naval Base, the Charleston Air Force Base, the Shaw Air Force Base, and the Myrtle Beach Air Force Base, were included in the list of targeted installations;
Whereas, the Charleston Naval Shipyard, the Charleston Naval Base, and the Myrtle Beach Air Force Base were closed as a result of the Commission's recommendations, resulting in substantial adverse economic impact on the economy of South Carolina;
Whereas, the General Assembly of the State of South Carolina is concerned for the public safety as well as the continued economic welfare of the State;
Whereas, the General Assembly finds that the location and retention of military and other similar installations within the State promotes the general welfare of the State and its citizens;
Whereas, the General Assembly finds that the viability of military and other similar installations is heavily dependent upon a well constructed, managed, and regulated airfield;
Whereas, the General Assembly finds that proper zoning and land use planning is critical to minimizing the hazards to public safety inherent in the operation of an airfield;
Whereas, the Department of Defense has completed a Joint Land Use Study recommending certain restrictions, and these restrictions are represented by a corridor three thousand feet wide extending fifteen thousand feet from the end of each runway and known as the Accident Potential Zone;
Whereas, encroachment of the Accident Potential Zone could involve a critical and substantial accident risk and jeopardize the fragile potential for retention of military and other installations within the State; and
Whereas, due to military force downsizing, there is an abundance of options, e.g. air bases, in the United States to which the limited mission of the state's remaining military installations could be relocated. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 12, Title 31 of the 1976 Code is amended by adding:
Section 31-12-330. As used in this chapter, unless the context clearly indicates otherwise:
(1) `Accident Potential Zone' means a corridor beginning at the end of the runway of a military installation consisting of an area three thousand feet in width and fifteen thousand feet in length which is divided into a Clear Zone, Accident Potential Zone I, and Accident Potential Zone II as defined herein.
(2) `Clear Zone' means a corridor three thousand feet in width and three thousand feet in length. The length of the corridor shall begin at the end of the runway and extend three thousand feet beyond.
(3) `Accident Potential Zone I' means a corridor three thousand feet in width and five thousand feet in length. The length of the corridor shall begin at the end of the clear zone and extend five thousand feet beyond.
(4) `Accident Potential Zone II' means a corridor three thousand feet in width and seven thousand feet in length. The length of the corridor shall begin at the end of Accident Potential Zone I and extend seven thousand feet beyond.
Section 31-12-340. The corridor beginning at the end of the runway of a military installation and consisting of an area three thousand feet in width and fifteen thousand feet in length is hereby declared an Accident Potential Zone. Notwithstanding any other provision of law, no property located within any portion of a designated Accident Potential Zone of a military installation which was the subject of a base closure study within the past five years may be developed for any purpose unless the local governing body of the county or municipality where the property is located has enacted by ordinance appropriate zoning and land use planning regulations consistent with safety guidelines outlined in the Joint Land Use Study of military installations prepared by the United States Air Force.
Section 31-12-350. (A) Prior to permitting the development of any property located within a designated Accident Potential Zone, the local governing body of the county or municipality where the property is located and any person proposing to implement development within the designated Accident Potential Zone must submit to the South Carolina Budget and Control Board for review and approval a copy of all ordinances enacted pursuant to the provisions of Section 31-12-340 and a site development plan prepared by the proposed developer. The Budget and Control Board must review the ordinance and site development plan to determine whether they are consistent with federal recommendations for development within an Accident Potential Zone and notify the local governing body in writing of all such determinations. If an ordinance or site development plan is rejected by the Budget and Control Board, it must be returned to the local governing body and to the developer accompanied by a letter detailing the deficiencies which must be addressed prior to resubmission. If the ordinance and site development plan are accepted, implementation may begin within ten days after written notice is received from the Budget and Control Board.
(B) No development may occur within a designated Accident Potential Zone after the effective date of this act without prior compliance with all provisions of this act.
(C) Failure to submit the ordinance and site development plan to the Budget and Control Board for approval and to obtain written approval of any proposed development as stated above prior to the implementation of development within a designated Accident Potential Zone is a misdemeanor punishable by a fine of two hundred dollars per day or thirty days in jail for each day of violation with each day constituting a separate violation. In addition to the fine or jail term, the cost of removal of all unauthorized structures must be paid by the local governing body and the developer in equal shares.
Section 31-12-360. Within sixty days after receipt of the notice of rejection of an ordinance or site development plan, or both, the local governing body and the developer may submit a revised ordinance and site development plan for consideration, provided that an ordinance and site development plan which are rejected twice within the same year may not be resubmitted for consideration until the expiration of one year following the date of the last notice of rejection.
Section 31-12-370. The local governing body must monitor all phases of development of property within a designated Accident Potential Zone to ensure strict compliance with the ordinance and approved plan and to make periodic reports as requested to the Budget and Control Board of development progress.
Section 31-12-380. The Budget and Control Board in reviewing ordinances and site development plans for Accident Potential Zones must strictly adhere to the state's policy of minimization and removal of development within these zones and shall approve only those ordinances and site development plans that meet the strictest safety standards outlined in the Air Force's Joint Land Use Study, provided that the State of South Carolina must compensate at fair market value any land owner whose property is diminished by fifty percent in value due to actions of the Budget and Control Board directly related to compliance with this chapter."
SECTION 2. This act takes effect upon approval by the Governor.