Awendaw City Zoning Code

(Ord. 2025-42, passed 11-6-2025)

(Ord. 2025-42, passed 11-6-2025)

   The town hereby finds and declares that the public interest and general welfare of the residents of the town will be served through the creation of procedures for the protection, conservation, enhancement, and proper maintenance of all existing wetlands and wetland buffer areas within the town and for the protection of existing wetlands and wetland buffer areas from encroachment, pollution, degradation, alteration, or elimination. These protections are an integral part of the town’s broader surface and groundwater management plans. These protections are also a crucial element of the town’s resiliency plan in anticipation of more frequent and severe storm events as well as documented and projected sea level rise. In light of these stated findings and purposes, and in keeping with the Town of Awendaw Comprehensive Plan, the town enacts these provisions to incorporate wetland area protections into all of town’s land use, planning, and development approval procedures.

(Ord. 2025-42, passed 11-6-2025)

   (A)   The provisions of this subchapter shall be administered and enforced by the Town of Awendaw Planning Manager, or by such other official, officer, or department as may be designated by the Town Council.

   (B)   The Planning Manager shall institute, or cause to be instituted, such actions necessary to ensure compliance with these provisions, and/or the conditions placed upon any permit or other approval.

   (C)   The Planning Manager shall have the authority to cause whatever actions are necessary at a site or location where a violation of this subchapter has occurred to ensure that it is returned to its original quality and function, and the same cause of action shall be at no cost to the town and shall be assessed to the violator.

   (D)   The Planning Manager has the authority to issue, deny, or conditionally approve wetland certifications consistent with the standards, goals, and criteria set forth in this subchapter, and subject to the procedures outlined herein.

(Ord. 2025-42, passed 11-6-2025)

   For all proposed land disturbances taking place within the unincorporated areas of the town as defined herein, and all applicable activities, as enumerated herein, the following shall apply:

   (A)   Where unexpired wetland delineations have already been approved by the Army Corps of Engineers, such delineations will constitute “wetlands” for the purposes of this subchapter. This subchapter encompasses all delineated wetlands regardless of whether they are jurisdictional or non-jurisdictional.

   (B)   In all other cases, a landowner or authorized agent of the landowner shall submit to the Planning Manager either an affidavit attesting that no wetlands or wetland buffer areas exist on the site; or a professional wetlands delineation.

(Ord. 2025-42, passed 11-6-2025)

      (1)   A setback line of 15 feet must be observed around all wetland buffer areas.

      (2)   Wetland setbacks are to be calculated by measuring horizontally outward from and perpendicular to the edge of the wetland buffer area. They must extend the entire length of the wetland buffer within the property.

(Ord. 2025-42, passed 11-6-2025)

   (A)   Any person proposing to carry out a wetland disturbance under this subchapter must, prior to the commencement of the activity, submit a Wetlands Impact Application to the Planning Manager.

      (1)   Applications for land use or zoning permits;

      (2)   Site plan and plat approvals for major and minor subdivisions;

      (3)   Requests for approval of site improvement construction plans;

      (4)   Any request for development approvals or permits related to land use, including those for stormwater management or other infrastructure improvements;

      (5)   Requests for permission to fill in ditches along town roads and rights-of-way;

      (6)   Applications for waste disposal permits;

      (7)   Any other land use action or permit required by the town code that may involve land disturbance.

   (C)   No approval or permit for land disturbance shall be issued until the required Wetlands Impact Application has been submitted and approved. Additionally, no project shall be considered fully approved until the site is certified by an on-site inspection by the Planning Manager or his/her designee.

   (E)   Permits issued by local, state, or federal agencies do not relieve a person of the requirement to seek approval under this subchapter.

(Ord. 2025-42, passed 11-6-2025)

      (1)   Any person wishing to undertake an “applicable activity” as defined herein, or otherwise disturb a wetland shall submit a Wetlands Impact Application to the Planning Manager. For applicants who will adhere to all buffer and setback requirements and will not impact wetlands, a Wetlands Notification Form may be submitted.

      (2)   The contents of both the Wetlands Notification Form and Wetlands Impact Application shall include the following:

         (a)   Full name, mailing address, telephone number(s), and e-mail address of the owner and applicant (if different);

         (b)   Whether the applicant is the owner, lessee, licensee, etc. of the subject property (if the applicant is not the owner of record, written consent of the owner or his/her legal designee must be attached);

         (c)   Physical address, TMS number, and/or geographic coordinates of the property in question;

         (d)   Zoning classification and restrictions relating to the property;

         (e)   An existing or recent (within the last two years) property survey containing the following information:

            1.   The lot size of the entire property;

            2.   The legal boundaries of the property;

            3.   The legal ownership and lot size of adjacent properties;

            4.   Location and type of wetlands, per this subchapter;

            5.   The proposed project area; and

            6.   Any surface water bodies located on or within 100 feet of the legal boundaries of the property.

         (f)   Photographs of the proposed project site showing the existing condition of the site;

         (g)   Purpose and detailed description of the project, including the type of proposed activity, project dimensions, and distance from any road or water body;

      (3)   If the applicable activity will result in impacts to wetlands or buffers and setbacks, the applicant must submit the following additional materials as part of the Wetlands Impact Application:

         (a)   Description of anticipated direct and indirect wetland impacts of the proposed land disturbance;

         (b)   A detailed explanation of why this activity cannot be located at an upland location, along with descriptions of any alternatives that were considered;

         (c)   A detailed description of all measures proposed to reduce or compensate for project impacts; and

         (d)   A statement demonstrating how the purpose of the completed proposed project serves an overriding public interest, as defined herein.

      (4)   The Planning Manager shall review all materials submitted by an applicant and shall have the authority to require additional information about the project from the applicant, schedule a site visit, or require a preliminary meeting with the applicant. The Planning Manager may also request a review of the project by Planning Commission.

      (5)   Upon receipt of the Wetlands Impact Application, supplemental materials where applicable, and payment of applicable fees, the Planning Manager shall notify the applicant in writing that the application has been deemed completed and the next available date for the Planning Commission meeting.

(Ord. 2025-42, passed 11-6-2025)

   (A)   In addition to consideration of the materials submitted by the applicant, the Planning Commission must consider other relevant factors, and shall require the applicant to demonstrate evidence of such, including, but not limited to, the following:

      (1)   The functions and values of the wetlands in question;

      (2)   The proximity of the wetland to other waterbodies;

      (3)   The environmental impact of the proposed disturbance;

      (4)   Alternatives to the proposed disturbance and suitability of the area;

      (5)   Threats to other properties from increases in flooding, erosion, and/or pollution;

      (6)   The loss of wetland habitat and the loss of flora/fauna;

      (7)   The cumulative impact of the above factors in relation to all known previous, pending, and reasonably anticipated future wetland disturbances;

      (8)   Whether the purpose of the completed proposed project serves an overriding public interest, as defined herein;

      (9)   Input from members of the public, if applicable; and

      (10)   Input from federal, state, or local agencies, if applicable.

      (1)   Design modifications to reduce project impacts to wetlands and adjacent areas;

      (2)   Flood and erosion loss reduction measures to prevent hazard losses;

      (3)   Compensatory mitigation measures to offset losses to wetland area acreage, functions, and values;

      (4)   Increasing wetland buffer widths to protect sensitive areas;

      (5)   Requiring structures to be elevated on piles, flood-proofed, or otherwise protected from hazards including flood heights, velocities, and erosion potential;

      (6)   Modification of waste disposal and water supply facilities to reflect flooding, high ground water, and erosion hazards;

      (7)   Inclusion in the deed for the property a warning that the property contains a wetland area and that any activities in the wetland area are subject to special regulatory requirements;

      (8)   Deed restrictions, covenants, or conservation easements regarding future use of lands, including but not limited to preservation of undeveloped areas; and/or

      (9)   Erection of permanent wetland area markers or signs.

   (C)   The Planning Commission shall not approve any application, conditional or otherwise, unless if it finds that the proposed disturbance:

      (1)   Will not cause a net loss of wetland area functions, values;

      (2)   Will avoid wetland areas to the maximum extent practicable;

      (3)   Will not increase flood, erosion, subsidence, or pollution;

      (4)   Will not adversely modify wildlife habitat or otherwise jeopardize plant, animal, or other wildlife species;

      (5)   Will preserve natural drainage features to the maximum extent possible and minimize the need to construct, repair, maintain, or replace structural water management systems;

      (6)   Will not permanently alter the aquatic ecosystem in the vicinity of the project;

      (7)   Will not threaten public health or safety;

      (8)   Will not harm the public interest;

      (9)   Will not negatively impact recreational opportunities for the pubic, where applicable;

      (10)   Will not impair public rights in public waters;

      (11)   Will not create a nuisance to neighboring property owners or the community at large; and

      (12)   Will not violate other applicable federal, state, or local laws.

(Ord. 2025-42, passed 11-6-2025)

      (1)   Installation of nature trails or pervious pedestrian access paths no greater than four feet in width;

      (2)   Pruning or trimming of grasses, shrubs, and other smaller vegetation;

      (3)   Planting native species of plants;

      (4)   Removal of invasive species of plants;

      (5)   Any outdoor recreation activities not otherwise proscribed by the property owner or another applicable law or regulation, to include hiking, swimming, kayaking, canoeing, boating, horseback riding, hunting, fishing, shell fishing, and camping;

      (6)   Research of soil, vegetation, water, fish, or wildlife for educational, scientific, or conservation purposes;

      (7)   Maintenance or repair of existing water-control devices or structures, provided the device or structure is not “degraded” as defined herein, and the maintenance or repair does not involve enlarging, expanding, constructing, or relocating such water-control structures or devices; or

      (8)   Maintenance and repair of existing utilities and roadways, provided the activity does not involve enlarging, expanding, constructing, or relocating such utilities and roadways.

      (1)   Prior nonconforming uses, activities, or structures, as defined herein, shall not be enlarged or expanded to further encroach onto or otherwise disturb wetlands, wetland waterbodies, or wetland watercourses.

      (2)   No nonconforming use, activity, or structure which has been discontinued for two years or more shall be resumed without a permit.

      (3)   Degraded structures, as defined herein, shall not be rebuilt without a permit.

(Ord. 2025-42, passed 11-6-2025)

(Ord. 2025-42, passed 11-6-2025)

   Any affected person may appeal a decision of the Planning Manager pursuant to this subchapter to the Town of Awendaw Board of Zoning Appeals pursuant to all applicable provisions to do so.

(Ord. 2025-42, passed 11-6-2025)

   (D)   The Town Council shall have the authority to restore the affected wetlands to their prior condition, and the person or agent responsible for the violation shall be held liable to the town for the costs of such restoration.

(Ord. 2025-42, passed 11-6-2025)