S*1196 Session 110 (1993-1994)
S*1196(Rat #0543, Act #0462) General Bill, By Rankin and Elliott
Similar(H 4753)
A Bill to amend Title 31, Code of Laws of South Carolina, 1976, by adding
Chapter 12 so as to authorize the creation of a redevelopment authority to
acquire and dispose of federal military installations, and to provide for the
composition of the authority, its powers, duties, and responsibilities; to
amend Section 6-7-830, relating to state, county, and municipal agencies being
subject to local zoning ordinances, so as to further provide for the
applicability of this Section to certain entities; to amend Section 6-31-20,
relating to definitions in regard to the South Carolina Local Government
Development Agreement Act, so as to revise the definition of a developer; and
to amend Section 6-31-40, relating to a local government entering into a
development agreement with a developer for the development of certain
property, so as to further provide for certain requirements of these
development agreements.-amended title
02/17/94 Senate Introduced and read first time SJ-2
02/17/94 Senate Referred to delegation from Horry SJ-2
02/22/94 Senate Recalled from delegation Horry SJ-3
02/23/94 Senate Read second time SJ-11
02/23/94 Senate Ordered to third reading with notice of
amendments SJ-11
03/03/94 Senate Amended SJ-12
03/03/94 Senate Read third time and sent to House SJ-12
03/07/94 House Introduced and read first time HJ-7
03/07/94 House Referred to Committee on Judiciary HJ-8
04/20/94 House Committee report: Favorable with amendment
Judiciary HJ-53
04/21/94 House Special order, set for 4/21/94 after uncontested
calendar (Under H. 5154) HJ-38
04/21/94 House Amended HJ-39
04/21/94 House Read second time HJ-59
04/21/94 House Unanimous consent for third reading on next
legislative day HJ-59
04/22/94 House Read third time and returned to Senate with
amendments HJ-2
05/19/94 Senate House amendment amended SJ-12
05/19/94 Senate Returned to House with amendments SJ-33
05/24/94 Senate Recalled from House SJ-15
05/24/94 House Returned HJ-5
05/25/94 Senate House amendment amended SJ-312
05/25/94 Senate Returned to House with amendments SJ-334
05/26/94 House Non-concurrence in Senate amendment HJ-4
05/26/94 Senate Senate insists upon amendment and conference
committee appointed Sens. Ford, Richter, Rankin SJ-5
05/26/94 House Conference committee appointed Wofford, Kelley &
J. Bailey HJ-34
05/31/94 House Conference report received HJ-5
05/31/94 House Recommitted to conference committee HJ-5
06/01/94 House Conference report received and adopted HJ-206
06/01/94 Senate Conference report received and adopted SJ-25
06/01/94 House Ordered enrolled for ratification HJ-298
06/02/94 Ratified R 543
06/30/94 Signed By Governor
06/30/94 Effective date 06/30/94
07/14/94 Copies available
(A462, R543, S1196)
AN ACT TO AMEND TITLE 31, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE
THE CREATION OF A REDEVELOPMENT AUTHORITY TO
ACQUIRE AND DISPOSE OF FEDERAL MILITARY
INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF
THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES;
TO AMEND SECTION 6-7-830, RELATING TO STATE, COUNTY,
AND MUNICIPAL AGENCIES BEING SUBJECT TO LOCAL ZONING
ORDINANCES, SO AS TO FURTHER PROVIDE FOR THE
APPLICABILITY OF THIS SECTION TO CERTAIN ENTITIES; TO
AMEND SECTION 6-31-20, RELATING TO DEFINITIONS IN
REGARD TO THE SOUTH CAROLINA LOCAL GOVERNMENT
DEVELOPMENT AGREEMENT ACT, SO AS TO REVISE THE
DEFINITION OF A DEVELOPER; AND TO AMEND SECTION
6-31-40, RELATING TO A LOCAL GOVERNMENT ENTERING INTO
A DEVELOPMENT AGREEMENT WITH A DEVELOPER FOR THE
DEVELOPMENT OF CERTAIN PROPERTY, SO AS TO FURTHER
PROVIDE FOR CERTAIN REQUIREMENTS OF THESE
DEVELOPMENT AGREEMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
Military Facilities Redevelopment Law
SECTION 1. Title 31 of the 1976 Code is amended by adding:
"CHAPTER 12
Redevelopment Authority to Acquire and
Dispose of Federal Military Installations
Section 31-12-10. This chapter may be cited as the `Military Facilities
Redevelopment Law'.
Section 31-12-20. The General Assembly finds that:
(1) As a result of the closure and realignment of military installations in
the United States, federal property located in the State has and will become
available for the state's use. It is in the best interests of the citizens of this
State for the State, municipalities, and counties to work in concert and
oversee and dispose of federal military facilities and other excess federal
property, in an orderly and cooperative manner. It is the intent of this
chapter that redevelopment authorities may be appointed to deal with
military facilities that have been scheduled for closure by the United States
Congress and to consult with the federal government pursuant to federal
law relating to defense base closure and realignment. If any other incidental
excess federal property is included with a scheduled closing, that property
also may be dealt with by the authorities.
(2) The redevelopment of these facilities often may require substantial
periods of time and substantial investment in redevelopment of the
properties, including public infrastructure on the properties themselves and
in the communities immediately surrounding the properties in order to
re-integrate the former military facilities into the surrounding communities,
and all reasonable means should be provided to assist the redevelopment
authorities created pursuant to this chapter to fund improvements for
redevelopment including, in the case of properties located within
incorporated municipalities, tax increment financing as authorized by
Section 14 of Article X of the Constitution of South Carolina.
Section 31-12-30. As used in this chapter, unless the context clearly
indicates otherwise:
(1) `Area of operation' means the area within the territorial boundaries
of the counties entitled to representation on an authority which consist of
both the real property to be disposed of by an authority as well as any other
properties disposed of directly by the federal government to public or
private persons or entities, other than disposal to the federal government for
other military uses, in connection with military installation closure and
realignment, together with such areas of the surrounding community as
may need planning for infrastructure improvements to support the
redevelopment project area.
(2) `Authority' means a redevelopment authority created pursuant to
Section 31-12-40.
(3) `Municipality' means an incorporated municipality of this State.
(4) `Obligations' means bonds, notes, or other evidence of indebtedness
issued by the municipality to carry out a redevelopment project or to refund
outstanding obligations.
(5) `Redevelopment plan' means the comprehensive program of the
authority for redevelopment intended by the payment of redevelopment
costs to redevelop properties scheduled for disposal which may tend to
return properties to the tax rolls, replace lost jobs, and integrate the
properties back into the community, thereby enhancing the tax bases of the
taxing districts which extend into the project redevelopment area and the
economic health of the community in which it lies. Each redevelopment
plan shall set forth in writing the program to be undertaken to accomplish
the objectives and shall include, but not be limited to, estimated
redevelopment project costs, possible sources of funds to pay costs, the
most recent equalized assessed valuation of the project area as of the time
of creation of a tax increment finance district pursuant to Section
31-12-200, an estimate as to the equalized assessed valuation after
redevelopment, and the general land uses to apply in the redevelopment
project area.
(6) `Redevelopment project' means any buildings, improvements,
including street improvements, water, sewer and storm drainage facilities,
parking facilities, and recreational facilities. Any project or undertaking
authorized under Section 6-21-50 also may qualify as a redevelopment
project under this chapter. All such projects may be owned by the authority,
the municipality, the county, or any other appropriate public body. This
term shall include portions of the redevelopment project located outside the
redevelopment project area so long as they provide needed infrastructure
support for the redevelopment project area.
(7) `Redevelopment project area' means an area within the incorporated
area of a municipality and designated pursuant to Section 31-12-200, which
is not less in the aggregate than one and one-half acres. It shall include
both the real property to be disposed of by an authority as well as any other
properties disposed of directly by the federal government to public or
private persons or entities, other than disposal to the federal government for
other military uses, in connection with military installation closure and
realignment. Redevelopment project areas designated pursuant to Section
31-12-200 shall not be counted against the limits on acreage of
redevelopment project areas within municipalities contained in Section
31-6-30(7).
(8) `Redevelopment project costs' means and includes the sum total of
all reasonable or necessary costs incurred or estimated to be incurred and
any costs incidental to a redevelopment project. The costs include, without
limitation:
(a) Costs of studies and surveys, plans, and specifications,
professional service costs including, but not limited to, architectural,
engineering, legal, marketing, financial, planning, or special services.
(b) Property assembly costs including, but not limited to, acquisition
of land and other property, real or personal, or rights or interest therein,
demolition of buildings, and the clearing and grading of land.
(c) Costs of rehabilitation, reconstruction, repair, or remodeling of a
redevelopment project.
(d) Costs of the construction of a redevelopment project.
(e) Financing costs including, but not limited to, all necessary and
incidental expenses related to the issuance of obligations and which may
include payment of interest on any obligations issued under the provisions
of this chapter accruing during the estimated period of construction of any
redevelopment project for which the obligations are issued and including
reasonable reserves related thereto.
(f) Relocation costs to the extent that a municipality determines that
relocation costs must be paid or required by federal or state law.
(9) `Taxing districts' means counties, incorporated municipalities,
schools, special purpose districts, and any other municipal corporations or
districts with the power to levy taxes.
(10) `Real property' shall include all property assessed under authority
of Section 12-4-540 when such term is used in this chapter with regard to
tax increment financing.
Section 31-12-40. (A) The Governor may create separate and distinct
bodies corporate and politic to be known as redevelopment authorities to
oversee the disposition of real and personal federal property that has been
or will be turned over to the State or to the redevelopment authority as
referred to in the Defense Base Closure and Realignment Act, 10 U.S.C.
2901, et seq., as it may be amended from time to time, by the federal
government or real and personal federal property that has been designated
as surplus property by the federal government and is to be disposed of by
the State or the redevelopment authority as a result of the closure and
realignment of military facilities in the State. No more than one authority
may be created with jurisdiction over a single federal military installation.
Only one authority may be designated within any county and the Governor
shall exercise his authority under this chapter in such a manner as to ensure
that the composition of any authority created under this section shall be
structured or restructured in accordance with the requirements contained
hereinbelow as additional properties may be added through other closures
and realignments, as properties are disposed of and as federally defined
Metropolitan Statistical Areas (MSA's) are redefined, from time to time. If
an authority is designated, it shall be the sole representative of the State for
negotiations with the appropriate federal authority for reuse and disposal of
property.
(B) If the federal property subject to disposal is contained wholly within
one county, which county does not lie in an MSA extending over more than
one South Carolina county and is not included in a multicounty authority
under subsections (C) or (D), the authority must include:
(1) two representatives of the State, nominated by a majority of the
Senate and a majority of the House, who must be appointed by the
Governor;
(2) three representatives of the county appointed by the county
governing body;
(3) three representatives of each municipality in which the
municipality's boundaries contain all or a portion of the military properties
scheduled for disposal, appointed by the municipal governing body;
and
(4) one at-large appointment by the Governor, who shall be a resident
of the county.
(C) If the federal property subject to disposal is contained within more
than one county, with no portion of such counties lying within an MSA
which extends over more than one South Carolina county, the authority
must include:
(1) two representatives of the State nominated by a majority of the
Senate and a majority of the House, who must be appointed by the
Governor;
(2) two representatives of each county appointed by the respective
county governing body;
(3) two representatives of each municipality in which the
municipality's boundaries contain all or a portion of the military properties
scheduled for disposal, appointed by the respective municipal governing
body; and
(4) one at-large appointment by the Governor, who shall be a resident
of one of the counties.
(D) If the federal property subject to disposal is contained wholly or
partially within a county, all or a portion of which lies in an MSA which
extends over more than one South Carolina county, the authority must
include:
(1) one representative of each South Carolina county which contains
all or a portion of the federal property subject to disposal, appointed by the
respective county governing body;
(2) one representative of each South Carolina county in the MSA not
entitled to a representative under subsection (D)(1), appointed by the
respective county governing body;
(3) one representative of each municipality located wholly or partly
within the MSA with a population of at least 50,000 as determined by the
latest official federal census, appointed by the respective municipal
governing body;
(4) such additional representatives as may be necessary to assure that
any municipality within whose boundaries the major portion of properties
scheduled for disposal lies shall have a total number of representatives
being two less than the collective number of representatives from all other
appointing bodies or officers provided for in subsections (D)(1) through
(D)(8), appointed by the municipal governing body;
(5) if the major portion of properties scheduled for disposal lies within
a single county but not within the boundaries of any single municipality,
such additional representatives as may be necessary to assure that county
two less than the collective number of representatives from all other
appointing bodies or officers provided for in subsections (D)(1) through
(D)(8), appointed by the county governing body;
(6) one member elected by a majority of the Senate;
(7) one member elected by a majority of the House of
Representatives; and
(8) one at-large appointment by the Governor, who shall be a resident
of one of the counties which lie, wholly or partially, in the MSA which is
entitled to an appointment under subsections (D)(1) or (D)(2).
(E) No member of an authority may be an elected official or have held
an elected office within one year of the date on which the member begins
service on an authority. Nor may any member hold another office of honor
or profit of this State while serving on the authority as prohibited by the
South Carolina Constitution. Nor may any member of an authority
established pursuant to subsection (D) serve or have served as an officer of,
or as a member of the executive committee of, any authority, commission,
committee, or other entity relating to or concerned with the effects of the
closure of a federal military installation which has been established by an
executive order of the Governor prior to the effective date of this chapter,
within one year prior to the date on which the member begins service on an
authority. Each member of an authority must comply with the provisions
of Chapter 13 of Title 8 of the 1976 Code of Laws including the
requirement to file a statement of economic interests.
(F) All executive orders of the Governor establishing any authority,
commission, committee, or other entity relating to or concerned with the
effects of the closure of a federal military installation shall expire on March
1, 1995. The Governor may issue no executive order relating to the
purposes of this chapter except to create or to modify the membership of an
authority as provided in Section 31-12-40.
(G) Upon the creation of an authority under the provisions of this
chapter with regard to property scheduled for disposal which was also the
subject of an executive order of the Governor issued prior to the effective
date of this act, the authority, by its resolution, may assume all or part of
the responsibilities and activities of the entity previously authorized by the
executive order.
(H) The appointments made pursuant to subsections (B)(2), (B)(3), and
(B)(4), subsections (C)(2), (C)(3), and (C)(4), and subsections (D)(1),
(D)(2), (D)(3), (D)(4), (D)(5), and (D)(8) shall be subject to the advice and
consent of the Senate.
(I) An authority also may be created by resolutions of municipalities
and of counties eligible to make the majority of the appointments to an
authority pursuant to subsections (B), (C), or (D), respectively.
(J) A vacancy occurring during the recess of the Senate may be filled
by an interim appointment by the appointing body or officer.
The Senate must be notified of the interim appointment, which shall be
submitted no later than the end of the third week of its next ensuing regular
session. The Senate may give or withhold its advice and consent to an
appointment at any time after submission of the appointment, provided that
if the Senate does not advise and consent to an appointment prior to Sine
Die adjournment of that session, the office shall be vacant and the interim
appointment shall not serve in holdover status notwithstanding any other
provision of law to the contrary. In no event may the same individual be
reappointed by the appointing body or officer until such time as the term
for which the interim appointee would have served expires.
(K) A vacancy due to the failure of the Senate to give advice and
consent to any appointment may be filled while the Senate is in session by
an interim appointment of a different person by the appointing body or
officer until Sine Die adjournment of that session.
(L) A vacancy due to the failure of the Senate to give advice and
consent to any appointment may be filled during the recess of the Senate by
an interim appointment by the appointing body or officer in the same
manner as in subsection (I).
Section 31-12-50. (A) The term of office for members appointed
pursuant to Sections 31-12-40(B) and 31-12-40(C) is as follows: one of the
state representatives, one of the county representatives, and one of the
municipality representatives shall serve a four-year term as designated by
the respective delegation or governing body. The other members shall
serve an initial two-year term, including the at-large appointment by the
Governor. The term of office for members appointed pursuant to Section
31-12-40(D) shall be split as equally as possible as between two or four
years, as determined by lot at their first organizational meeting, other than
the appointment by the Governor, who shall serve an initial two-year term.
After the initial terms all members shall serve four-year terms. Each
member shall hold office until his successor is appointed and qualified.
(B) Vacancies for the unexpired terms of any member who resigns,
ceases to be qualified, or is removed must be promptly filled in the manner
of the original appointment. Any member who is guilty of malfeasance,
misfeasance, incompetency, persistent absenteeism, conflicts of interest,
misconduct, persistent neglect of duty in office, or incapacity, is subject to
removal by majority vote of the appointing body upon any of the foregoing
causes being made to appear satisfactory to the appointing body. A
member is subject to removal by an appointing body, with or without
cause, upon a two-thirds vote of an appointing body. An appointing officer
may remove a member of an authority with or without cause. A member
shall receive, as the authority determines, reimbursement for reasonable
travel expenses and other out-of-pocket expenses incurred in the discharge
of the member's duties.
Section 31-12-60. The Governor's at-large appointment shall serve for a
two-year term as chairman of any authority initially established. The
authority shall select its vice chairman and such other officers as the
authority may determine from its membership. The authority shall select its
chairman at all times after the Governor's first at-large appointee ceases to
serve his first term.
The authority may employ or contract for technical experts and other
agents and employees as it may require and may determine the
qualifications and compensation of these persons. A majority of the
members then in office shall constitute a quorum for its meeting. No
member is liable personally for losses unless the losses are occasioned by
the wilful misconduct of the member. An authority may delegate one or
more of its members, agents, or employees any of its powers that it
considers necessary to carry out the purposes of the authority subject
always to the supervision and control of the whole authority.
Section 31-12-70. (A) An authority shall constitute a public body,
corporate and politic, exercising public and essential governmental powers,
which powers shall include all powers necessary or appropriate to carry out
and effectuate the purposes and provisions of this chapter, including the
following powers:
(1) to make and from time to time amend and repeal bylaws, rules,
regulations, and resolutions;
(2) to have perpetual succession;
(3) to adopt a seal;
(4) to sue and be sued;
(5) to make and execute contracts and other instruments necessary or
convenient to the exercise of the powers of the authority; and any contract
or instrument when signed by the chairman or vice chairman and secretary
or assistant secretary of the authority must be held to have been properly
executed for and on its behalf;
(6) to cooperate with any government or municipality as defined in
this title;
(7) to act as agent of the state or federal government or any of its
instrumentalities or agencies for the public purposes set out in this title;
(8) to prepare or cause to be prepared and adopt redevelopment plans
and to undertake and carry out redevelopment projects within its area of
operation;
(9) to arrange or contract for the furnishing or repair by any person or
agency, public or private, of services, privileges, works, streets, roads,
public utilities, or other facilities for or in connection with a redevelopment
project; provided, however, the power provided herein shall not be
construed to alter or amend the rights, responsibilities, or powers of
electrical utilities, electric cooperatives, electric suppliers, municipal
electric systems, or the Public Service Authority as provided in Chapters 27
and 31 of Title 58 and Section 5-7-60, as is or as may hereafter be
amended;
(10) within its area of operation, to purchase, obtain options upon,
acquire by gift, grant, bequest, devise, or otherwise, any real or personal
property or any interest in it, together with any improvements on it,
necessary or incidental to a redevelopment project, to hold, improve, clear,
or prepare for redevelopment of the property, and sell, exchange, transfer,
assign, subdivide, retain for its own use, mortgage, pledge or otherwise
encumber or dispose of any real or personal property or any interest in it,
either as an entirety to a single redeveloper or in parts to several
redevelopers, to enter into contracts, either before or after the real property
that is the subject of the contract is acquired by the authority, with
redevelopers of property containing covenants, restrictions, and conditions
regarding the use of the property for residential, commercial, industrial, or
recreational purposes or for public purposes in accordance with the
redevelopment plan and such other covenants, restrictions, and conditions
as the authority may consider necessary to effectuate the purposes of this
chapter; and to provide appropriate remedies for any breach of covenants or
conditions, including the right to terminate the contracts and any interest in
the property created pursuant thereto; to borrow money and issue bonds and
provide security for bonds, provided that the authority may not pledge the
full faith and credit of the State or of any of its political subdivisions for the
repayment of said bonds; to ensure or provide for the insurance of any real
or personal property or operations of the authority against any risks or
hazards, including the power to pay premiums on the insurance; and to
enter into any contracts necessary to effectuate the purposes of this
chapter;
(11) to invest any funds held in reserves or sinking funds or any funds
not required for immediate disbursements, in the investments as may be
lawful for guardians, executors, administrators, or other fiduciaries under
the laws of this State; and to redeem its bonds at the redemption price
established therein or to purchase its bonds at less than redemption price,
all bonds so redeemed or purchased to be canceled;
(12) to borrow money and to apply for and accept advances, loans
evidenced by bonds, grants, contributions, and any other form of financial
assistance from the federal government, the State, county, municipality, or
other public body or from any sources, public or private for the purposes of
this chapter, to give this security as may be required and to enter into and
carry out contracts in connection with it;
(13) within its area of operation, to make or have made all surveys,
studies, and plans necessary to the carrying out of the purposes of this
chapter and in connection with it to enter into or upon any land, building,
or improvement on it for the purposes and to make soundings, test borings,
surveys, appraisals, and other preliminary studies and investigations
necessary to carry out its powers and to contract or cooperate with any and
all persons or agencies, public or private, in the making and carrying out
the surveys, appraisals, studies, and plans. An authority is specifically
authorized to make:
(a) plans for carrying out a program of voluntary repair and
rehabilitation of buildings and improvements; and
(b) plans for the enforcement of laws, codes, and regulations relating
to the use of land, the use and occupancy of buildings and improvements,
and to the compulsory repair, rehabilitation, demolition, or removal of
buildings and improvements, subject to the approval of the municipality, or
county if not within a municipality, within which the properties lie;
(14) to make expenditures as may be necessary to carry out the
purposes of this chapter, and to make expenditures from funds obtained
from the federal government;
(15) to perform redevelopment project undertakings and activities in
one or more contiguous or noncontiguous redevelopment areas that are
planned and carried out on the basis of annual tax increments in accordance
with the remaining provisions of this chapter.
(B) In carrying out a redevelopment project, an authority may:
(1) with or without consideration and, at private sale, in accordance
with the redevelopment plan, convey real property to the municipality,
county, or other appropriate public body to be laid out for streets, alleys,
and public ways;
(2) with or without consideration, convey at private sale, in
accordance with the redevelopment plan, grant, or dedicate easements and
rights-of-way for public utilities, sewers, streets, and other similar
facilities;
(3) with or without consideration, and at private sale, in accordance
with the redevelopment plan, convey to a municipality, county, or other
appropriate public body, real property to be used for parks, schools, public
buildings, facilities, or other public purposes; and
(4) temporarily rent or lease, operate, or maintain real property in a
redevelopment area, whether or not in accordance with the redevelopment
plan and pending the disposition of the property for redevelopment, as may
be deemed appropriate.
(C) In developing its redevelopment plans, an authority shall take into
account the needs of the surrounding community; shall attempt to integrate
the redevelopment of the properties scheduled for disposition with any
adjacent areas; and shall consider the extent to which the plan compliments
the existing development of the community, the competitive effect on
existing businesses in the community, and the compatibility of the
redevelopment with the community. To that end, and with the consent and
concurrence of the local governing body having planning and zoning
authority over the surrounding areas, the authority may prepare and
implement plans for public infrastructure or other improvements which
would be authorized under the Community Development Law for a
municipality in such areas.
(D) In furtherance of its purposes, an authority may issue revenue
bonds, the interest on which may or may not be excludable from gross
income for federal income tax purposes, for the purpose of raising funds
needed from time to time for the financing or refinancing, in whole or in
part, of the acquisition, construction, equipping, maintenance, and
operation of any facility, building, structure, or any other matter or thing
which the authority is authorized to acquire, construct, equip, maintain, or
operate.
Section 31-12-80. (A) Any public body, including the State and any
political subdivision or any public or quasi-public entity or affiliated
corporate entity by whatever name whose board is appointed pursuant to an
act of the General Assembly, upon such terms, with or without
consideration, for the purpose of aiding and cooperating in the planning,
undertaking, or carrying out of a redevelopment project located within the
area in which it is authorized to act, may:
(a) dedicate, sell, convey, or lease any of its interest in any property,
or grant easements, licenses, or any other rights or privileges therein to an
authority;
(b) cause parks, playgrounds, recreational, community, education,
water, sewer, or drainage facilities, or any other works that it is otherwise
empowered to undertake, to be furnished in connection with a
redevelopment project;
(c) furnish, dedicate, close, vacate, pave, install, grade, regrade, plan
or replan streets, roads, sidewalks, ways, or other places that it is otherwise
empowered to undertake;
(d) plan or replan any part of the redevelopment;
(e) cause administrative and other services to be furnished to the
authority of the character which the public body is otherwise empowered to
undertake or furnish for the same or other purposes;
(f) enter into an agreement to pay fees in lieu of taxes as to any
properties it might use, own, or acquire located within the redevelopment
project area, such fees not to exceed amounts which would otherwise be
paid if the properties were not tax exempt, and upon approval of the
municipal governing body, such fees may be pledged for the repayment of
tax increment finance obligations issued pursuant to this chapter;
(g) enter into an agreement to fund public infrastructure improvements
as a part of redevelopment project in such amounts as may represent
anticipated savings in capital or operating expenditures of the public body
due to its acquisition of properties scheduled for disposition as a part of the
redevelopment project; and,
(h) do any and all things necessary or convenient to aid and cooperate
in the planning or carrying out of a redevelopment plan.
(B) Any sale, conveyance, or agreement provided for in this section
may be made by a public body without public notice, advertisement, or
public bidding.
Section 31-12-90. Notwithstanding any provision of law, neither the
State nor any political subdivision or any public or quasi-public entity or
affiliated corporate entity by whatever name whose board is appointed
pursuant to an act of the General Assembly or any nonprofit public or
nonprofit private corporation chartered for the purpose of furthering
economic development may make a profit on the sale of real estate to a
redevelopment authority created pursuant to this act; nor may any monies
from the authority's assets developed through the sale, lease, or fees
generated from the profits be transferred to any government entity above,
beyond, or outside of the authority itself, except as may be required or
permitted by applicable provisions of the Defense Base Closure
Realignment Act, 10 U.S.C. 2901, et seq., as it may be amended from time
to time.
Section 31-12-100. (A) An authority created pursuant to this chapter
may dissolve the authority by a two-thirds vote of the entire number of
authorized members if no property remains for redevelopment or if the
authority decides to transfer the remaining redevelopment properties to
another public body or successor entity created by statute.
(B) Final dissolution may occur only upon sale of all properties to the
private sector or conveyance to another public entity described in
subsection (A) with the lawful power to receive real and personal property
held by the authority and the satisfaction of all outstanding obligations of
the authority or their lawful assumption by another public entity described
in subsection (A).
(C) Upon a determination to dissolve, the authority may dispose of any
tangible or intangible property remaining after transfer of any remaining
redevelopment properties as provided by law or in the following
manner:
(1) tangible personal property and cash or similar instruments held by
the authority shall be distributed to the local governmental entities which
nominated members to the authority; and
(2) disbursement of assets shall be based on the cash value of all
assets, and shall be distributed in reimbursement to local government
entities which have contributed cash funds or capital assets in proportion to
the dollar value of contributions made by the government entities that have
not been otherwise recovered by the contributing governmental entity
through direct revenues.
(D) The authority shall keep annual and permanent records of cash
contributions and the value of in-kind donations of the governmental
entities, and such records shall be used to determine the distribution of
assets of the authority based on the net present value of such contributions
at the time it is dissolved.
Section 31-12-110. Notwithstanding any provision of law or regulation,
an authority shall be an `agency' for purposes of Chapter 78 of Title 15.
Section 31-12-120. Notwithstanding any provision of law or regulation,
an authority must comply with the provisions of Chapter 35 of Title 11
(South Carolina Consolidated Procurement Code) and the related
regulations issued by the Budget and Control Board. In any instance where
a provision of this chapter is inconsistent with a provision of the
Procurement Code or regulation, the Procurement Code and regulation
shall control.
Section 31-12-200. Upon creation of a redevelopment authority by the
Governor, any properties scheduled for disposal within a particular
municipality, whether contiguous or not, including to the extent that the
State may then or thereafter have or acquire jurisdiction, all properties over
which the State has ceded jurisdiction in whole or in part to the United
States of America, and including both the real property to be disposed of by
an authority as well as any other properties disposed of directly by the
federal government to public or private persons or entities, other than
disposal to the federal government for other military uses, in connection
with military installation closure and realignment, shall without further
action being necessary be constituted as a tax increment finance district in
accordance with the remaining provisions of this chapter.
Section 31-12-210. Obligations secured by the special tax allocation
fund set forth in Section 31-12-270 for the redevelopment project area may
be issued by the municipality upon the request of the authority to provide
for redevelopment project costs. The obligations, when so issued, must be
retired in the manner provided in the ordinance authorizing the issuance of
the obligations by the receipts of taxes levied as specified in Section
31-12-270 against the taxable property included in the area and other
revenue as specified in Section 31-12-310 designated by the municipality
or by the authority which source does not involve revenues from any tax or
license. In the ordinance authorizing the issuance of the obligations the
municipality may pledge all or any part of the funds in and to be deposited
in the special tax allocation fund created pursuant to Section 32-12-200 to
the payment of the redevelopment project costs and obligations. Any
pledge of funds in the special tax allocation fund must provide for
distribution to the taxing districts of monies not required for payment and
securing of the obligations and the excess funds are surplus funds. In the
event a municipality only pledges a portion of the monies in the special tax
allocation fund for the payment of redevelopment project costs or
obligations, any funds remaining in the special tax allocation fund after
complying with the requirements of the pledge also are considered surplus
funds. All surplus funds must be distributed annually to the taxing districts
in the redevelopment project area by being paid by the municipality to the
county treasurer of the county in which the municipality is located. The
county treasurer immediately thereafter shall make distribution to the
respective taxing districts in the same manner and proportion as the most
recent distribution by the county treasurer to the affected districts of real
property taxes from real property in the redevelopment project area.
In addition to obligations secured by the special tax allocation fund, the
municipality, with the concurrence of the authority evidenced by its
resolution, may pledge for a period not greater than the term of the
obligations toward payment of the obligations any part of the revenues
remaining after payment of operation and maintenance, of all or part of any
redevelopment project.
The obligations may be issued in one or more series, may bear such date
or dates, may mature at such time or times not exceeding thirty years from
their respective dates, may bear such rate or rates of interest as the
governing body shall determine, may be in such denomination or
denominations, may be in such form, either coupon or registered, may carry
such registration and conversion privileges, may be executed in such
manner, may be payable in such medium of payment, at such place or
places, may be subject to such terms of redemption, with or without
premium, may be declared or become due before the maturity date thereof,
may provide for the replacement of mutilated, destroyed, stolen, or lost
bonds, may be authenticated in such manner and upon compliance with
such conditions, and may contain such other terms and covenants, as may
be provided by the governing body of the municipality. If the governing
body determines to sell any obligations, the obligations must be sold at
public or private sale in such manner and upon such terms as the governing
body considers best for the interest of the municipality.
The obligations must be issued within fifteen years of the creation of the
tax increment finance district in accordance with Section 31-12-200.
A certified copy of the ordinance authorizing the issuance of the
obligations must be filed with the clerk of the governing body of each
county and treasurer of each county in which any portion of the tax
municipality is situated and shall constitute the authority for the extension
and collection of the taxes to be deposited in the special tax allocation
fund.
A municipality also may issue its obligations to refund in whole or in
part obligations previously issued by the municipality under the authority
of this chapter, whether at or prior to maturity, and all references in this
chapter to `obligations' are considered to include these refunding
obligations.
The debt incurred by a municipality pursuant to this chapter is exclusive
of any statutory limitation upon the indebtedness a taxing district may
incur. All obligations issued pursuant to this chapter shall contain a
statement on the face of the obligation specifying the sources from which
payment is to be made and shall state that the full faith, credit, and taxing
powers are not pledged for the obligations.
The trustee or depositary under any indenture may be such persons or
corporations as the governing body designates, or they may be nonresidents
of South Carolina or incorporated under the laws of the United States or the
laws of other states of the United States.
Section 31-12-250. The proceeds from obligations issued under
authority of Sections 31-12-200 through 31-12-320 of this chapter must be
applied only for the purpose for which they were issued. Any premium and
accrued interest received in any such sale must be applied to the payment of
the principal of or the interest on the obligations sold. Any portion of the
proceeds not needed for redevelopment project costs must be applied to the
payment of the principal of or the interest on the obligations.
Section 31-12-260. The obligations authorized by this chapter and the
income from the obligations and all security agreements and indentures
executed as security for the obligations made pursuant to the provisions of
this chapter and the revenue derived from the obligations are exempt from
all taxation in the State of South Carolina except for inheritance, estate, or
transfer taxes and all security agreements and indentures made pursuant to
the provisions of this chapter are exempt from all state stamp and transfer
taxes.
Section 31-12-270. A municipality, after the adoption of an ordinance
pursuant to Section 31-12-280 concurring in an authority's redevelopment
plan, may issue obligations under this chapter upon the request of the
redevelopment authority to finance the redevelopment project upon
adoption of an ordinance providing that:
(1) after the issuance of the obligations; and
(2) after the total equalized assessed valuation of the taxable real
property in a redevelopment project area exceeds the certified `total initial
equalized assessed value' established in accordance with Section
31-12-300(B) of all taxable real property in the project area, the ad valorem
taxes, if any, arising from the levies upon taxable real property in the
project area by taxing districts and tax rates determined in the manner
provided in Section 31-12-300(B) each year after the obligations have been
issued until obligations issued under this chapter have been retired and
redevelopment project costs have been paid must be divided as follows:
(a) that portion of taxes levied upon each taxable lot, block, tract, or
parcel of real property which is attributable to the total initial equalized
assessed value of all taxable real property in the redevelopment project area
must be allocated to and when collected must be paid by the county
treasurer to the respective affected taxing districts in the manner required
by law in the absence of the adoption of the redevelopment plan; and
(b) that portion, if any, of taxes which is attributable to the increase in
the current total equalized assessed valuation of all taxable real property in
the redevelopment project area over and above the total initial equalized
assessed value of taxable real property in the redevelopment project area
must be allocated to and when collected must be paid to the municipality
which shall deposit the taxes into a special fund called the special tax
allocation fund of the municipality for the purpose of paying
redevelopment project costs and obligations incurred in the payment of the
costs and obligations. The municipality may pledge in the ordinance the
funds in and to be deposited in the special tax allocation fund for the
payment of the costs and obligations.
When obligations issued under this chapter have been retired and
redevelopment project costs incurred under this chapter have been paid or
budgeted pursuant to the redevelopment plan, as evidenced by resolution of
the governing body of the municipality, concurred in by resolution of the
authority, all surplus funds then remaining in the special tax allocation fund
must be paid by the municipal treasurer to the county treasurer who
immediately, after receiving the payment, shall pay the funds to the taxing
districts in the redevelopment project area in the same manner and
proportion as the most recent distribution by the treasurer to the affected
districts of real property taxes from real property in the redevelopment
project area.
Upon the payment of all redevelopment project costs, retirement of all
obligations of a municipality issued under this chapter, and the distribution
of any surplus monies pursuant to this section, at least fifteen years having
passed since the creation of the tax increment finance district pursuant to
Section 31-12-200, the municipality shall adopt an ordinance dissolving the
tax allocation fund for the project redevelopment area and terminating the
designation of the redevelopment project area as a redevelopment project
area for purposes of this chapter. Thereafter, the rates of the taxing districts
must be extended and taxes levied, collected, and distributed in the manner
applicable in the absence of the adoption of a redevelopment plan and the
issuance of obligations under this chapter.
Section 31-12-280. Prior to the issuance of any obligations under this
chapter, the municipality shall set forth by way of ordinance the
following:
(a) a copy of the redevelopment plan of the authority;
(b) a statement indicating the need for and proposed use of the proceeds
of the obligations in relationship to the redevelopment plan;
(c) a list of all real property in the redevelopment project area; and
(d) a statement of the estimated impact of the redevelopment plan upon
the revenues of all taxing districts in which a redevelopment project area is
located.
Before approving the issuance of any obligations under this chapter, the
governing body of the municipality must hold a public hearing on the
redevelopment plan after published notice in a newspaper of general
circulation in the county in which the tax increment finance district is
located not less than fifteen days and not more than thirty days prior to the
hearing. The notice shall include:
(1) the time and place of the public hearing;
(2) a notification that all interested persons will be given an opportunity
to be heard at the public hearing;
(3) a description of the redevelopment project area, the redevelopment
plan, and the redevelopment project; and
(4) the maximum estimated term of obligations to be issued at that
time.
Not less than forty-five days prior to the date set for the public hearing,
the municipality shall give the same notice to all taxing districts of which
taxable property is included in the redevelopment project area.
Adoption of an ordinance approving the issuance of any obligations
under this chapter shall not preclude amendments to the redevelopment
plan of the authority and any proceeds of obligations issued hereunder may
be applied to the implementation of any such amended redevelopment
plan.
Section 31-12-290. During the existence of the special tax allocation
fund created pursuant to this chapter, funds not otherwise expended may be
carried forward from year to year to be applied to future years' obligations
and shall not be considered surplus funds subject to distribution under the
provisions of Section 31-12-270 unless determined otherwise by resolution
of the authority.
Section 31-12-300. (A) If a municipality by ordinance authorizes by
ordinance the issuance of obligations pursuant to Section 31-12-210, the
auditor of the county in which the municipality is situated, immediately
after adoption of the ordinance pursuant to Section 31-12-210, upon request
of the municipality, must determine and certify:
(1) the most recently ascertained equalized assessed value of all
taxable real property within the redevelopment project area, as of the date
of creation of the authority pursuant to Section 31-12-200, or the date the
properties were scheduled for disposal by final action of the federal
government in the case of properties added after the date of creation of the
authority, which value is the `initial equalized assessed value' of the
property; and
(2) the total equalized assessed value of all taxable real property
within the redevelopment project area and certifying the amount as the
`total initial equalized assessed value' of the taxable real property within the
redevelopment project area.
(B) After the county auditor has certified the total initial equalized
assessed value of the taxable real property in the area, then in respect to
every taxing district containing a redevelopment project area, the county
auditor or any other official required by law to ascertain the amount of the
equalized assessed value of all taxable property within the district for the
purpose of computing the rate percent of tax to be extended upon taxable
property within such district, shall in every year that obligations are
outstanding for redevelopment projects in the redevelopment area ascertain
the amount of value of taxable property in a project redevelopment area by
including in the amount the certified total initial equalized assessed value
of all taxable real property in the area in lieu of the equalized assessed
value of all taxable real property in the area. The rate percent of tax
determined must be extended to the current equalized assessed value of all
property in the redevelopment project area in the same manner as the rate
percent of tax is extended to all other taxable property in the taxing district.
The method of extending taxes established under this section terminates
when the municipality adopts an ordinance dissolving the special tax
allocation fund for the redevelopment project.
Section 31-12-310. Revenues received by the municipality or authority
from any property, building, or facility owned by the municipality or
authority, or any agency or authority established by the municipality, in the
redevelopment project area may be used to pay redevelopment project costs
or reduce outstanding obligations of the municipality incurred under this
chapter for redevelopment project costs. If the obligations are used to
finance the extension or expansion of a system as defined in Section
6-21-40 in the redevelopment project area, all or a portion of the revenues
of the system, whether or not located entirely within the redevelopment
project area, including the revenues of the redevelopment project, may be
pledged to secure the obligations issued under this chapter. The
municipality is fully empowered to use any of the powers granted by either
or both of the provisions of Chapter 17 of Title 6 (The Revenue Bond
Refinancing Act of 1937) or the provisions of Chapter 21 of Title 6
(Revenue Bond Act for Utilities). In exercising the powers conferred by the
provisions, the municipality may make any pledges and covenants
authorized by any provision of those chapters. The municipality may place
the revenues in the special tax allocation fund or a separate fund which
must be held by the municipality or financial institution designated by the
municipality. Revenue received by the municipality or authority from the
sale or other disposition of real property acquired by the municipality or
authority with the proceeds of obligations issued under the provisions of
this chapter must be deposited by the municipality or authority in the
special tax allocation fund of the municipality or a separate fund which
must be held by the municipality or authority or a financial institution
designated by the municipality or authority, with such proceeds to be used
to discharge the obligations issued pursuant to this chapter or otherwise to
further the purposes of the redevelopment project. Proceeds of grants may
be pledged by the municipality and deposited in the special tax allocation
fund or a separate fund.
Section 31-12-320. If the redevelopment project area is located within
more than one municipality, the municipalities may jointly approve a
redevelopment plan and authorize obligations as provided under the
provisions of this chapter."
Applicability of zoning ordinances
SECTION 2. Section 6-7-830(a) of the 1976 Code is amended to read:
"(a) All agencies, departments, and subdivisions of this State,
including public or quasi-public entities by whatever name whose board is
appointed pursuant to an act of the General Assembly and redevelopment
authorities created pursuant to Chapter 12 of Title 31, that use real
property, as owner or tenant, in any county or municipality in this State
shall be subject to the zoning and subdivision ordinances and regulations
thereof.
Any county or agency, department, or subdivision thereof that uses any
real property, as owner or tenant, within the limits of any municipality in
this State shall be subject to the zoning and subdivision ordinances and
regulations of the municipality.
Any municipality or agency, department, or subdivision thereof, that
uses any real property, as owner or tenant, within the limits of any county
in this State but not within the limits of such municipality shall be subject
to the zoning and subdivision ordinances and regulations of the county.
Any municipality or agency, department, or subdivision thereof, that uses
any real property, as owner or tenant, within the limits of any other
municipality in this State but not within its own limits shall be subject to
the zoning and subdivision ordinances and regulation of such other
municipality.
The provisions of this section shall apply regardless of any cession of
jurisdiction to the United States of America pursuant to Chapter 3 of Title
3, or otherwise.
The provisions of this section shall not require any state agency,
department, or subdivision to move from facilities occupied on June 18,
1976, regardless of whether or not their location is in violation of municipal
or county zoning ordinances.
The provisions of this act do not apply to a home serving nine or fewer
mentally or physically handicapped persons provided the home provides
care on a twenty-four-hour basis and is approved or licensed by a state
agency or department or under contract with the agency or department for
such purpose. Any such home is construed to be a natural family or such
similar term as may be utilized by any county or municipal zoning
ordinance to refer to persons related by blood or marriage. Prior to locating
the home for such handicapped persons the appropriate state agency or
department or the private entity operating the home under contract must
first give prior notice to the local governing body administering the
pertinent zoning laws, advising of the exact site of any proposed home. The
notice also must identify the individual representing the agency,
department, or private entity for site selection purposes. If the local
governing body objects to the selected site, the governing body must notify
the site selection representative of the entity seeking to establish the home
within fifteen days of receiving notice and must appoint a representative to
assist the entity in selection of a comparable alternate site and/or structure.
The site selection representative of the entity seeking to establish the home
and the representative of the local governing body, shall select a third
mutually agreeable person. The three persons shall have forty-five days to
make a final selection of the site by majority vote. Such final selection shall
be binding on the entity and the governing body. In the event no selection
has been made by the end of the forty-five-day period, the entity
establishing the home shall select the site without further proceedings. An
application for variance or special exception is not required. No person may
intervene to prevent the establishment of such a community residence
without reasonable justification.
Prospective residents of such homes shall be screened by the licensing
agency to insure that such placement is appropriate.
The licensing agency shall conduct reviews of such homes no less
frequently than every six months for the purpose of promoting the
rehabilitative purposes of the homes and their continued compatibility with
their neighborhoods."
Definition of developer revised
SECTION 3. Section 6-31-20(2) of the 1976 Code is amended to read:
"(2) `Developer' means a person, including a governmental
agency or redevelopment authority created pursuant to the provisions of the
Military Facilities Redevelopment Law, who intends to undertake any
development and who has a legal or equitable interest in the property to be
developed."
Development agreement requirements revised
SECTION 4. Section 6-31-40 of the 1976 Code is amended to read:
"Section 6-31-40. A local government may enter into a
development agreement with a developer for the development of property
as provided in this chapter provided the property contains twenty-five acres
or more of highland. Development agreements involving property
containing no more than two hundred fifty acres of highland shall be for a
term not to exceed five years. Development agreements involving property
containing one thousand acres or less of highland but more than two
hundred fifty acres of highland shall be for a term not to exceed ten years.
Development agreements involving property containing two thousand acres
or less of highland but more than one thousand acres of highland shall be
for a term not to exceed twenty years. Development agreements involving
property containing more than two thousand acres and development
agreements with a developer which is a redevelopment authority created
pursuant to the provisions of the Military Facilities Redevelopment Law,
regardless of the number of acres of property involved, may be for such
term as the local government and the developer shall elect."
Severability clause
SECTION 5. If any section, subsection, paragraph, subparagraph,
sentence, clause, phrase, or word of this act is for any reason held to be
unconstitutional or invalid, such holding shall not affect the
constitutionality or validity of the remaining portions of this act, the
General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence,
clause, phrase, and word thereof, irrespective of the fact that any one or
more other sections, subsections, paragraphs, subparagraphs, sentences,
clauses, phrases, or words hereof may be declared to be unconstitutional,
invalid, or otherwise ineffective.
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 30th day of June, 1994. |