This ordinance shall be administered by and enforced by the county zoning administrator.

Editor's note— Ord. No. 04-11-68, adopted Nov. 23, 2004, deleted § 20.2 in its entirety, which pertained to zoning permits.

Permits are required for all land disturbing or land altering activity as defined in this ordinance.

20.3.1. Land disturbing activity.

A.

Land altering activity that is intended to prepare for the construction, erection or alteration of any structure or use for which a building permit is required under this ordinance shall not commence until such permit has been issued; provided that in residential subdivisions, land altering activity solely for the purpose of constructing roads, sewers, and other infrastructure services may commence upon the issuance of the applicable permits or approval required under the Berkeley County land development regulations. For purposes of this ordinance, land altering activities are defined to include, yet are not limited to grading, filling, excavating, and the cutting of trees.

B.

Where approved development plans, drainage plans, or site plans are required under this ordinance, the provisions of such approved plans shall be incorporated into structures and uses for which permits are requested.

20.3.2. Exempt activities. Land disturbing permits shall not be required for the following activities:

A.

Agricultural operations.

B.

Forestry operations.

C.

Surface and quarry mining.

D.

Such minor land disturbing activities as residential home gardens and individual home landscaping, repairs, maintenance work, and other related activities that result in minor soil erosion.

E.

The construction of single-family residences when the construction is not a part of the whole-scale development of a platted subdivision, planned community, or an association of residential lots consisting of more than two lots and not being constructed by or under contract with the owner for the owner's own occupancy.

F.

Any project involving 5,000 square feet or less of disturbed area; provided, however, that this exemption shall not apply to any land disturbing activity within 50 feet of the bank of any state waters.

G.

Any land disturbing activities conducted by a public governmental entity or utility.

20.3.3. Minimum requirements. Excessive soil erosion and resulting sedimentation and degradation of water quality can take place during land disturbing activities. Therefore, plans for these activities that are not exempted shall contain provisions for the application of soil erosion and sedimentation control measures and practices.

The permit holder shall follow best management practices including sound conservation and engineering practices including, but not limited to, the following:

A.

Stripping of vegetation, regrading, and other development activities shall be conducted in a manner so as to minimize soil erosion.

B.

Cut-fill operations shall be kept to a minimum. Cuts and fills must not endanger adjoining property.

C.

Whenever feasible, natural vegetation shall be retained and protected. Before removing vegetation, the developer shall coordinate with the planning department regarding required buffers and landscaping.

D.

Temporary vegetation or mulching shall be employed to protect exposed critical areas during development.

E.

Permanent vegetation and structural erosion control measures shall be installed as soon as practicable.

F.

To the extent necessary, sediment in runoff water must be trapped by the use of silt traps or similar measures until the disturbed area is stabilized.

G.

Land disturbing activities shall not occur within 50 feet from the banks of any state water body unless it meets the requirements found in article 14: Environmental Performance Standards.

20.3.4. Permit applications. The application for a building permit shall demonstrate that the proposed structures and uses will meet the requirements of this ordinance and of the Berkeley County land development regulations, if applicable.

20.4.1. Inspections.

A.

An inspection of the structure will be required prior to the issuance of a certificate of occupancy. This inspection will be conducted either by employees of the county, or by an entity/organization under contract with the county.

B.

The inspection will evaluate whether the structure complies with the provisions of this ordinance, and with any conditions required by the building permit, or Berkeley County land development regulations or Berkeley County building code.

In case any building is erected, constructed, reconstructed, altered, repaired, or converted, or any building or land use used in violation of this ordinance, the zoning administrator is authorized and directed to institute any appropriate action to put an end to such violation.

A violation of any ordinance or resolution, adopted pursuant to the provisions of this act is hereby declared to be a misdemeanor and, upon conviction thereof, an offender shall be liable to a fine of not more than $500.00, or imprisoned not exceeding 30 days, or both. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted or maintained, or any building, structure, or land is or is proposed to be used in violation of this ordinance, the zoning administrator or any adjacent or neighboring property owner who would be especially damaged by such violation, may in addition to other remedies institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure, or land. Each day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use continues shall be deemed a separate offense.

Whenever the zoning administrator determines that a violation of this ordinance has occurred, or whenever the zoning administrator has received reliable information indicating that a violation of this ordinance is about to occur, he or she shall:

A.

Notify in writing the persons responsible for such violation, indicating the nature of the violation; and

B.

Take such action as is necessary to correct the violation and prevent further, similar violations from occurring.

Such action is authorized, and shall be, in addition to any imposition of penalties under section 20.7 [20.6] of this ordinance.

20.8.1 [20.7.1]. Selection of remedial action. In order to correct a violation of this ordinance, or to mitigate the adverse impacts resulting from a violation of this ordinance, the zoning administrator has the discretion to select among the following courses of action, as appropriate under the circumstances:

A.

Order a discontinuance of the illegal action;

B.

Require cessation of construction, or of an unauthorized activity or use, pending the submission and approval of a building permit, development plan, or drainage plan, as provided for in this ordinance;

C.

Require the developer or owner to take specific actions to bring the construction or activity in question into compliance with this ordinance;

D.

Where compliance is not practicable, require the developer or owner to take specific actions that will minimize the extent and impacts of the noncompliance, so long as this will not work an undue hardship on adjoining or nearby property and uses;

E.

Where the severity of the situation warrants, require the removal of illegal structures, additions, and uses;

F.

Require the developer or owner to take appropriate actions to mitigate the adverse impacts caused by, or associated with, the violating action or use; and/or

G.

Require the developer or owner to otherwise make reasonable restitution for damage caused or expenses incurred as a result of the violation of this ordinance.

To the extent practicable, the zoning administrator will make efforts to confer with the developer or owner to select appropriate remedial action; such attempts to confer shall not be required for violations of the ordinance.

20.8.2. [20.7.2] Appeal. The developer or owner may appeal any action of the zoning administrator under this section to the board of zoning appeals. Such appeal must be filed within 30 days of the receipt of notice of such action. The zoning administrator's action will remain in effect during the appeal process.

20.8.3 [20.7.3]. Judicial action. The zoning administrator is empowered to seek injunctive relief or specific performance to enforce the provisions of this ordinance, or of any requirements for remedial action taken under this section. Injunction relief is especially warranted when land altering activity is commenced, or is about to commence, which could be construed as contrary to the provisions of this ordinance.

It is the intention of the ordinance that all questions arising in connection with the enforcement of the ordinance shall be presented first to the zoning administrator and that such questions shall be presented to the board of zoning appeals only on appeal from the decision of the zoning administrator.

Not less than once every two years the county supervisor shall prepare and submit to county council a written report that updates development activities in the county; evaluates this ordinance, the Berkeley County land development regulations and other related ordinances in terms of effectiveness, ease and cost of administration and implementation, and strengths and weaknesses; and recommends any desirable amendments to these ordinances, or modifications of the guidelines or administrative procedures used to implement these ordinances.