2005-2006 Bill 3915: Special Purpose District - South Carolina Legislature Online

1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 H. 3915 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Pinson, Parks, Anthony and M.A. Pitts 10 Document Path: l:\council\bills\dka\3257dw05.doc 11 12 Introduced in the House on April 13, 2005 13 Introduced in the Senate on May 25, 2005 14 Last Amended on June 1, 2006 15 Currently residing in the Senate 16 17 Summary: Special purpose district 18 19 20 HISTORY OF LEGISLATIVE ACTIONS 21 22 Date Body Action Description with journal page number 23 4/13/2005 House Introduced and read first time HJ-19 24 4/13/2005 House Referred to Committee on Labor, Commerce and Industry HJ-19 25 5/3/2005 House Recalled from Committee on Labor, Commerce and Industry HJ-18 26 5/3/2005 House Referred to Committee on Judiciary HJ-18 27 5/18/2005 House Committee report: Favorable Judiciary HJ-142 28 5/24/2005 House Read second time HJ-18 29 5/25/2005 House Read third time and sent to Senate HJ-27 30 5/25/2005 Senate Introduced and read first time SJ-21 31 5/25/2005 Senate Referred to Committee on Judiciary SJ-21 32 5/25/2005 Senate Referred to Subcommittee: Martin (ch), Malloy, Campsen, Williams 33 5/24/2006 Senate Committee report: Favorable with amendment Judiciary SJ-15 34 5/25/2006 Senate Amended SJ-154 35 5/31/2006 Senate Read second time SJ-135 36 6/1/2006 Senate Amended SJ-51 37 6/1/2006 Senate Read third time and returned to House with amendments SJ-51 38 6/1/2006 Senate Recalled from House SJ-51 39 40 41 VERSIONS OF THIS BILL 42 43 4/13/2005 44 5/18/2005 45 5/24/2006 46 5/25/2006 47 6/1/2006 48 1 AS PASSED BY THE SENATE 2 June 1, 2006 3 4 H. 3915 5 6 Introduced by Reps. Pinson, Parks, Anthony and M.A. Pitts 7 8 S. Printed 6/1/06--S. 9 Read the first time May 25, 2005. 10 11 12 13

1 [3915-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 6-11-325 SO AS TO 13 AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH 14 ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL 15 SERVICES TO UTILIZE ANY METHOD OF FINANCING THE 16 CONSTRUCTION OF SEWER LATERAL COLLECTION 17 LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW. 18 Amend Title To Conform 19 20 Be it enacted by the General Assembly of the State of South 21 Carolina: 22 23 SECTION 1. Article 1, Chapter 11, Title 6 of the 1976 Code is 24 amended by adding: 25 26 “Section 6-11-325. A special purpose district which only 27 provides sewage collection and disposal may use any method of 28 financing authorized by law for the construction of sewer lateral 29 collection lines within the district.” 30 31 SECTION 2. This act may be cited as the “South Carolina 32 Priority Investment Act”. 33 34 SECTION 3. Section 6-29-510(D) of the 1976 Code is amended 35 to read: 36 37 “(D) A local comprehensive plan must include, but not be 38 limited to, the following planning elements: 39 (1) a population element which considers historic trends and 40 projections, household numbers and sizes, educational levels, and 41 income characteristics;

1 [3915] 1 1 (2) an economic development element which considers labor 2 force and labor force characteristics, employment by place of work 3 and residence, and analysis of the economic base; 4 (3) a natural resources element which considers coastal 5 resources, slope characteristics, prime agricultural and forestland, 6 plant and animal habitats, parks and recreation areas, scenic views 7 and sites, wetlands, and soil types. Where a separate board exists 8 pursuant to this chapter, this element is the responsibility of the 9 existing board; 10 (4) a cultural resources element which considers historic 11 buildings and structures, commercial districts, residential districts, 12 unique, natural, or scenic resources, archaeological, and other 13 cultural resources. Where a separate board exists pursuant to this 14 chapter, this element is the responsibility of the existing board; 15 (5) a community facilities element which considers 16 transportation network; water supply, treatment, and distribution; 17 sewage system and wastewater treatment; solid waste collection 18 and disposal, fire protection, emergency medical services, and 19 general government facilities; education facilities; and libraries 20 and other cultural facilities; 21 (6) a housing element which considers location, types, age 22 and condition of housing, owner and renter occupancy, and 23 affordability of housing. This element includes an analysis to 24 ascertain unnecessary housing regulatory requirements, as defined 25 in this chapter, that add to the cost of developing affordable 26 housing but are not necessary to protect the public health, safety or 27 welfare and an analysis of market - based incentives that may be 28 made available to encourage development of affordable housing, 29 which incentives may include density bonuses, design flexibility, 30 and streamlined permitting processes; and 31 (7) a land use element which considers existing and future 32 land use by categories, including residential, commercial, 33 industrial, agricultural, forestry, mining, public and quasi-public, 34 recreation, parks, open space, and vacant or undeveloped; 35 (8) a transportation element that considers transportation 36 facilities, including major road improvements, new road 37 construction, transit projects, pedestrian and bicycle projects, and 38 other elements of a transportation network. This element must be 39 developed in coordination with the land use element, to ensure 40 transportation efficiency for existing and planned development; 41 (9) a priority investment element that analyzes the likely 42 federal, state, and local funds available for public infrastructure 43 and facilities during the next ten years, and recommends the

1 [3915] 2 1 projects for expenditure of those funds during the next ten years 2 for needed public infrastructure and facilities such as water, sewer, 3 roads, and schools . The recommendation of those projects for 4 public expenditure must be done through coordination with 5 adjacent and relevant jurisdictions and agencies. For the purposes 6 of this item, ‘adjacent and relevant jurisdictions and agencies’ 7 means those counties, municipalities, public service districts, 8 school districts, public and private utilities, transportation 9 agencies, and other public entities that are affected by or have 10 planning authority over the public project. For the purposes of this 11 item, ‘coordination’ means written notification by the local 12 planning commission or its staff to adjacent and relevant 13 jurisdictions and agencies of the proposed projects and the 14 opportunity for adjacent and relevant jurisdictions and agencies to 15 provide comment to the planning commission or its staff 16 concerning the proposed projects. Failure of the planning 17 commission or its staff to identify or notify an adjacent or relevant 18 jurisdiction or agency does not invalidate the local comprehensive 19 plan and does not give rise to a civil cause of action.” 20 21 SECTION 4. Section 6-29-720(C)(5), (6), and (7) of the 1976 22 Code is amended to read: 23 24 “(5) ‘overlay zone’ or a zone which imposes a set of 25 requirements or relaxes a set of requirements imposed by the 26 underlying zoning district when there is a special public interest in 27 a particular geographic area that does not coincide with the 28 underlying zone boundaries; and 29 (6) ‘conditional uses’ or zoning ordinance provisions that 30 impose conditions, restrictions, or limitations on a permitted use 31 that are in addition to the restrictions applicable to all land in the 32 zoning district. The conditions, restrictions, or limitations must be 33 set forth in the text of the zoning ordinance; and 34 (7) ‘priority investment zone’ in which the governing 35 authority adopts market - based incentives or relaxes or eliminates 36 unnecessary housing regulatory requirements, as these terms are 37 defined in this chapter, to encourage private development in the 38 priority investment zone. The governing authority also may 39 provide that traditional neighborhood design and affordable 40 housing, as these terms are defined in this chapter, must be 41 permitted within the priority investment zone.” 42

1 [3915] 3 1 SECTION 5. Section 6-29-1110 of the 1976 Code is amended to 2 read: 3 4 “Section 6-29-1110. As used in this article chapter: 5 (1) ‘Affordable housing’ means in the case of dwelling units 6 for sale, housing in which mortgage, amortization, taxes, 7 insurance, and condominium or association fees, if any, constitute 8 no more than twenty - eight percent of the annual household income 9 for a household earning no more than eighty percent of the area 10 median income, by household size, for the metropolitan statistical 11 area as published from time to time by the U.S. Department of 12 Housing and Community Development (HUD) and, in the case of 13 dwelling units for rent, housing for which the rent and utilities 14 constitute no more than thirty percent of the annual household 15 income for a household earning no more than eighty percent of the 16 area median income, by household size for the metropolitan 17 statistical area as published from time to time by HUD. 18 (2) ‘Land development’ means the changing of land 19 characteristics through redevelopment, construction, subdivision 20 into parcels, condominium complexes, apartment complexes, 21 commercial parks, shopping centers, industrial parks, mobile home 22 parks, and similar developments for sale, lease, or any combination 23 of owner and rental characteristics. 24 (3) ‘Market - based incentives’ mean incentives that encourage 25 private developers to meet the governing authority’s goals as 26 developed in this chapter. Incentives may include, but are not 27 limited to: 28 (a) density bonuses, allowing developers to build at a 29 density higher than residential zones typically permit, and greater 30 density bonuses, allowing developers to build at a density higher 31 than residential affordable units in development, or allowing 32 developers to purchase density by paying into a local housing trust 33 fund; 34 (b) relaxed zoning regulations including, but not limited to, 35 minimum lot area requirements, limitations of multi - family 36 dwellings, minimum setbacks, yard requirements, variances, 37 reduced parking requirements, and modified street standards; 38 (c) reduced or waived fees including those fees levied on 39 new development projects where affordable housing is addressed, 40 reimburse permit fees to builder upon certification that dwelling 41 unit is affordable and waive up to one hundred percent of 42 sewer/water tap in fees for affordable housing units;

1 [3915] 4 1 (d) fast - track permitting including, but not limited to, 2 streamlining the permitting process for new development projects 3 and expediting affordable housing developments to help reduce 4 cost and time delays; 5 (e) design flexibility allowing for greater design flexibility, 6 creating pre - approved design standards to allow for quick and easy 7 approval, and promoting infill development, mixed use and 8 accessory dwellings. 9 (2)(4) ‘Subdivision’ means all divisions of a tract or parcel of 10 land into two or more lots, building sites, or other divisions for the 11 purpose, whether immediate or future, of sale, lease, or building 12 development, and includes all division of land involving a new 13 street or change in existing streets, and includes re-subdivision 14 which would involve the further division or relocation of lot lines 15 of any lot or lots within a subdivision previously made and 16 approved or recorded according to law; or, the alteration of any 17 streets or the establishment of any new streets within any 18 subdivision previously made and approved or recorded according 19 to law, and includes combinations of lots of record; however, the 20 following exceptions are included within this definition only for 21 the purpose of requiring that the local planning agency be 22 informed and have a record of the subdivisions: (a) the 23 combination or recombination of portions of previously platted lots 24 where the total number of lots is not increased and the resultant 25 lots are equal to the standards of the governing authority; (b) the 26 division of land into parcels of five acres or more where no new 27 street is involved and plats of these exceptions must be received as 28 information by the planning agency which shall indicate that fact 29 on the plats; and (c) the combination or recombination of entire 30 lots of record where no new street or change in existing streets is 31 involved. 32 (5) ‘Traditional neighborhood design’ means development 33 designs intended to enhance the appearance and functionality of 34 new development so that it functions like a traditional 35 neighborhood or town. These designs make possible reasonably 36 high residential densities, a mixture of residential and commercial 37 land uses, a range of single and multi - family housing types, street 38 connectivity both within the new development and to surrounding 39 roadways, pedestrian, and bicycle features . 40 (6) ‘Unnecessary housing regulatory requirements’ mean those 41 development standards and procedures that are not essential to 42 protect the public health, safety, or welfare and that may otherwise 43 make a proposed housing development economically infeasible.

1 [3915] 5 1 Unnecessary housing regulatory requirements may include, but are 2 not limited to: 3 (a) standards or requirements for minimum lot size, building 4 size, building setbacks, spacing between buildings, impervious 5 surfaces, open space, landscaping, buffering, reforestation, road 6 width, pavements, parking, sidewalks, paved paths, culvers and 7 storm water drainage, and sizing of water and sewer lines that are 8 excessive; and 9 (b) application and review procedures that require or result 10 in extensive submittals and lengthy review periods.” 11 12 SECTION 6. Section 6-29-1130(A) of the 1976 Code is amended 13 to read: 14 15 “(A) When at least the community facilities element, the 16 housing element, and the priority investment element of the 17 comprehensive plan as authorized by this chapter has have been 18 adopted by the local planning commission and the local governing 19 body or bodies, the local planning commission may prepare and 20 recommend to the governing body or bodies for adoption 21 regulations governing the development of land within the 22 jurisdiction. These regulations may provide for the harmonious 23 development of the municipality and the county; for coordination 24 of streets within subdivision and other types of land developments 25 with other existing or planned streets or official map streets; for 26 the size of blocks and lots; for the dedication or reservation of land 27 for streets, school sites, and recreation areas and of easements for 28 utilities and other public services and facilities; and for the 29 distribution of population and traffic which will tend to create 30 conditions favorable to health, safety, convenience, appearance, 31 prosperity, or the general welfare. In particular, the regulations 32 shall prescribe that no land development plan, including 33 subdivision plats, will be approved unless all land intended for use 34 as building sites can be used safely for building purposes, without 35 danger from flood or other inundation or from other menaces to 36 health, safety, or public welfare.” 37 38 SECTION 7. All local governments that have adopted a local 39 comprehensive plan in compliance with the provisions of Article 3, 40 Chapter 29, Title 6 of the 1976 Code shall revise their local 41 comprehensive plans within twenty-four months of the effective 42 date of this act, or when the comprehensive plans would be subject

1 [3915] 6 1 to revision pursuant to Section 6-29-510(E), whichever is later, to 2 comply with the provisions of this act. 3 4 SECTION 8. This act takes effect upon approval by the 5 Governor. 6 ----XX---- 7

1 [3915] 7