Berkeley County contains a wide variety of natural resources. These resources support a diversity of plant and animal populations, create an environment that supports a high quality of life for the citizens of the county, provide opportunities for public recreation, and contribute to the well-being and enjoyment of the citizens of the county. These resources also help maintain adequate drainage and prevent flooding in many portions of the county.

In order to maintain the benefits that result from the county's natural resources, all new developments must adhere to certain standards regarding the alteration of natural resources. These standards involve how development occurs, not how much development is allowed.

All new developments in Berkeley County must comply with the following environmental performance standards.

14.3.1. Definition. For purposes of this ordinance, watercourses and bodies of water are defined to include rivers, streams, creeks and other areas of flowing water, lakes, ponds and other areas of open water.

14.3.2. Construction standards.

A.

No structures may be constructed in or above existing watercourses and bodies of water, unless such structures shall have received all other required governmental approvals.

B.

The filling or alteration of natural watercourses and bodies of water is prohibited except where the zoning administrator and the county engineer shall find that such activity is reasonably required to prevent eminent danger of flooding or erosion or where all otherwise required permits for such activity shall have been obtained, and the following conditions are met:

1.

The alteration is part of a comprehensive drainage plan for the site that is submitted to the zoning administrator;

2.

Such drainage plan is prepared by a certified professional engineer; and

3.

Such drainage plan will provide for no significant increase in stormwater runoff or siltation during construction and at buildout, as compared with site characteristics before any land altering activity occurs, and will improve drainage on-site.

C.

Necessary alterations to watercourses and bodies of water may also be made for required roads. For purposes of this exception, an alteration is considered necessary when there is no reasonably available alternative involving no, or a lesser degree of, alteration.

14.4.1. Definition. For purposes of this ordinance, wetlands are defined as those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

14.4.2. Construction standards.

A.

The alteration of wetlands is discouraged.

B.

For wetlands subject to the jurisdiction of the S.C. Ocean and Coastal Resources Management (SCOCRM), a permit to alter wetlands must be obtained from the SCOCRM before any alterations are made.

C.

For wetlands not subject to SCOCRM jurisdiction, the zoning administrator and/or county engineer may permit the following alterations:

1.

Pilings for docks and piers;

2.

Alterations that are part of a comprehensive site drainage plan and that meet the requirements specified in subsection 14.3.2.B above;

3.

Necessary alterations for required roads; for purposes of this exception, an alteration is considered necessary when there is no reasonably available alternative involving no, or a lesser degree of, alteration; and

4.

Such alterations either which are deemed by the zoning administrator to be in the best interests of the public or which are fully permitted by other applicable governmental agencies.

(Reserved)

14.6.1. Determination of flood hazard. Refer to the county's Prevention of Flood Damage Ordinance No. 83-4-13 and Ordinance No. 91-6-15 (referring to Santee Dam break zones and an agreement between Berkeley County and Santee Cooper).

14.6.2. Drainage plan required.

A.

The zoning administrator or designee will identify, and maintain a current map of, areas within the county identified on FEMA flood maps. For any development proposed within one of these designated floodprone areas, or on adjoining property either upstream or downstream from the designated floodprone area, the developer must submit a drainage plan, prepared by a certified professional engineer, that will ensure that the:

1.

Structure built on the property will not be flooded, and roads serving these structures will remain passable, as a consequence of a ten-year rainfall event; and

2.

Development on the site will not significantly increase the incidence or severity of flooding either upstream or downstream.

B.

The drainage plan must be submitted to the zoning administrator and county engineer for approval in accordance with the provisions specified in subsection 14.3.2.B above, prior to the commencement of any land altering activity.

C.

The use of curbing on streets and parking areas, as required in the Berkeley County subdivision regulations, is considered less desirable than stormwater management methods utilizing interrupted, pierced or perforated curbing, and other stormwater management systems which allow for sheet flow of runoff. Developers are encouraged to submit to the county engineer drainage plans incorporating such alternative stormwater management systems. Drainage plans must be submitted for approval in accordance with the provisions specified in subsection 14.3.2.B above, and must be prepared by a certified professional engineer. Where the drainage plan shows that stormwater will be adequately managed without the use of curbing, the county engineer will waive the curbing requirement contained in the subdivision regulations.

D.

All developments will utilize non-structural control methods, such as the placement of pine straw bales, to minimize runoff, siltation and erosion at the development site during land alteration and construction phases of development.

Cross reference— Floods, ch. 26.

No structure will be issued a certificate of occupancy until all applicable permits and certificates for potable water and sewerage have been issued by the S.C. Department of Health and Environmental Control.

Cross reference— Water and sewer service, § 65-31 et seq.

The county encourages the preservation of forested tracts of property and the utilization of open space within developed areas.