Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 3969
STATUS INFORMATION
General Bill
Sponsors: Reps. Edge, Loftis, Cato and Perry
Document Path: l:\council\bills\nbd\11166ac03.doc
Introduced in the House on April 9, 2003
Currently residing in the House Committee on Judiciary
Summary: Local Planning Commission, requirement to hold public hearing after a notice is given is deleted
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
4/9/2003 House Introduced and read first time HJ-24
4/9/2003 House Referred to Committee on Judiciary HJ-24
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 6-29-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION OF A COMPREHENSIVE PLAN BY THE LOCAL GOVERNING BODY AFTER A RECOMMENDATION BY THE LOCAL PLANNING COMMISSION, SO AS TO DELETE A PROVISION REQUIRING THE GOVERNING AUTHORITY TO HOLD A PUBLIC HEARING AFTER NOTICE IS GIVEN, TO PROVIDE A PROCEDURE BY WHICH THE LOCAL GOVERNING BODY MAY ADOPT OR ENACT AN ELEMENT OR PLAN AS A WHOLE AFTER AT LEAST ONE PUBLIC HEARING, AND TO SPECIFY HOW NOTICE IS GIVEN AND WHAT CONSTITUTES NOTICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 6-29-530 of the 1976 Code, as added by Act 355 of 1994, is amended to read:
"Section 6-29-530. (A) The local planning commission may recommend the plan to the appropriate governing body and the body may adopt the plan as a whole by a single ordinance or elements of the plan by successive ordinances. The elements shall must correspond with the major geographical sections or divisions of the planning area or with functional subdivisions of the subject matter of the comprehensive plan, or both. Before adoption of an element or a plan as a whole, the governing authority shall hold a public hearing on it after not less than thirty days' notice of the time and place of the hearings has been given in a newspaper having general circulation in the jurisdiction.
(B) A local governing authority including, but not limited to, the local planning commission may not adopt or enact an element or plan as a whole unless the local governing authority holds at least one public hearing at which the proposed element or plan as a whole is discussed. That hearing must be preceded by a notice, sent by regular mail to all property owners of record affected by or included within an element or plan as a whole, at least thirty days before the hearing is held. In addition to this notice, the local governing authority may also provide notice of the hearing by any other means it considers appropriate. The notice shall contain at least the following information:
(1) the date, time, and place of the hearing;
(2) a summary, which may include a map, of the proposed comprehensive plan or amendment to the plan;
(3) the name of an individual employed by the local governmental unit who may provide additional information regarding the proposed ordinance;
(4) information relating to where and when the proposed comprehensive plan or amendment to the plan may be inspected before the hearing and how a copy of the plan or amendment may be obtained;
(5) an explanation of the owner's property current zoning designation including, but not limited to, allowable density levels; and
(6) an explanation of the owner's property proposed zoning designation under the element or plan as a whole including, but not limited to, allowable density levels."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, December 7, 2009 at 10:33 A.M.