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TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREREQUISITES TO THE ISSUANCE OF CORPORATE CERTIFICATE FOR A PROPOSED MUNICIPALITY, SO AS TO DELETE THE REQUIREMENT THAT NO PART OF THE PROPOSED MUNICIPALITY IS WITHIN FIVE MILES OF THE BOUNDARY OF AN ACTIVE INCORPORATED MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 5-1-30(A) of the 1976 Code, as last amended by Act 250 of 2000, is further amended to read:
"(A) Before issuing a corporate certificate to a proposed municipality, the Secretary of State shall first shall determine that:
(1) that the area seeking to be incorporated has a population density of at least three hundred persons a square mile according to the latest official United States Census;
(2) that no part of the area is within five miles of the boundary of an active incorporated municipality;
(3) that an approved service feasibility study for the proposed municipality has been filed with and approved by the Secretary of State; and
(4)(3) that the area proposed to be incorporated is contiguous. Contiguity is not destroyed by an intervening marshland located in the tidal flow or an intervening publicly owned waterway, whether or not the marshland located in the tidal flow or the publicly owned waterway has been previously incorporated or annexed by another municipality. The incorporation of a marshland located in the tidal flow or a publicly owned waterway does not preclude the marshland located in the tidal flow or the publicly owned waterway from subsequently being used by any other municipality to establish contiguity for purposes of an incorporation if the distance from highland to highland of the area being incorporated is not greater than three-fourths of a mile."
SECTION 2. This act takes effect upon approval by the Governor.
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