South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 2 - MUNICIPAL CORPORATIONS › Section 113-200 - Municipal Incorporations

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Certification of Population Density.
The incorporators of any proposed municipality must provide to
				the South Carolina Secretary of State a certification by the Research and
				Statistical Services Division of the South Carolina Budget and Control Board
				that the area in the proposed municipality has a population density of at least
				three hundred persons per square mile.
B. Certification of Boundaries.
The incorporators of any proposed municipality must provide to
				the South Carolina Secretary of State a certification by the Research and
				Statistical Services Division of the South Carolina Budget and Control Board or
				a County Planning or Zoning Office that no part of the area of the proposed
				municipality is within five miles of the boundary of any active incorporated,
				municipality. In addition, the incorporators must provide evidence that they
				served notice of their intent to incorporate by certified mail to the Mayor,
				Town Manager, or similar official of any active, incorporated, municipality
				within 10 miles of any point of the proposed municipality, as well as the South
				Carolina Municipal Association, at least 15 calendar days prior to the date of
				their application with the South Carolina Secretary of State. Such notice must
				include a copy of a map showing the proposed boundaries.
C. Certification of Total Land Area.
The incorporators of any proposed municipality must provide to
				the Secretary of State a certification by a County Planning or Zoning Office or
				the Research and Statistical Services Division of the South Carolina Budget and
				Control Board regarding the total land area in square miles within the proposed
				corporate limits.
D.
			 Certification of the Current Assessed Value.
The incorporators of any proposed municipality must provide to
				the Secretary of State a certification by the Research and Statistical Services
				Division of the South Carolina Budget and Control Board or the County Assessor
				or Auditor of the current assessed value of the real and personal property
				within the proposed corporate limits, together with a calculation of the
				general obligation bonding capacity available without a referendum.
E. Requirements for Service
			 Feasibility Study.
South Carolina Code Section
				5-1-30
				provides that the Secretary of State must approve a service feasibility study
				for any proposed municipality. Pursuant to this statutory requirement, the
				incorporators of the proposed municipality must provide the following minimum
				information to the Secretary of State's Office:
(1) A map showing the proposed corporate
			 limits with the distance from the corporate limits to the boundary of any
			 active incorporated municipality.
(2) The total population within the proposed
			 corporate limits based on the most recent U.S. Population Census.
(3) The total land area in square miles
			 within the proposed corporate limits.
(4) A definite list of the proposed services
			 to be provided by the proposed municipal.
(5) A detailed explanation of each service to
			 be provided with the number, qualifications, and salary ranges of the personnel
			 required to deliver each service.
(6) Any service to be obtained by contract
			 must include a detailed description of the service and a realistic estimate of
			 the cost of such service contract. The incorporators must attach consent
			 letters, contracts or ordinances executed by the appropriate governmental
			 officer for any services which will be provided by another governmental unit.
			 For example, if a county was going to continue to provide planning and zoning
			 functions after incorporation, the incorporator must attach a letter, contract
			 or ordinance executed by either the County Manager/Supervisor, or the Chairman
			 of County Council, indicating the county's willingness to continue providing
			 such services, and indicating any terms or conditions.
(7) The current assessed value of the real
			 and personal property within the proposed corporate limits, to include a
			 calculation of the general obligation bonding capacity available without a
			 referendum.
(8) A proposed
			 operating budget for the first fiscal years detailing the sources and amounts
			 of anticipated revenue to include the tax millage rate required to generate the
			 required revenue and the anticipated revenue from property taxes. The
			 expenditures will be detailed to include the normal line items of personnel,
			 equipment, supplies and other operating costs for each department and/or
			 service.
(9) A proposed capital
			 budget itemizing the property, equipment, rolling stock, infrastructure and
			 other items expected to be required within the first two years of operation and
			 the proposed method of financing for each item.
(10) The applicants shall be required to use
			 any forms promulgated by the Secretary of State's Office.