(a)

Establishment of districts. For the purpose of this chapter, the Town of Briarcliffe Acres, South Carolina, is hereby divided into three classes of districts as follows:

(1)

Single-family residential: R-1 district-low density.

(2)

Conservation preservation: CP district-conservation area.

(3)

Church, school, community uses: CSC district.

(b)

Rules concerning district boundaries. The boundaries of these districts are hereby established as shown on the map entitled "Zoning Map of the Town of Briarcliffe Acres, South Carolina," which is part of the ordinance from which this chapter is derived, and which is on file in the office of the clerk. Unless otherwise specifically indicated on the map, the boundaries of districts are lot line or the center line of streets or alleys or such lines extended to the corporate limit line, or a centerline of streams or other water bodies. Questions concerning the exact location of district boundaries shall be determined by the zoning administrator as appointed by town council.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

(a)

Nonconforming uses. Any lawful use of any building or land existing at the time of the enactment of the ordinance (from which this chapter is derived), and any lawful use of any building or land existing within a zoning district which is changed by a subsequent amendment may be continued although such use does not conform with the provisions of this chapter or any subsequent amendment hereof with the following limitations:

(1)

No building or land containing a nonconforming use shall hereafter be extended unless such extensions shall conform to the provisions of this chapter for the district in which it is located.

(2)

Provided, however, that a nonconforming use may be extended throughout those parts of the building which were manifestly arranged or designed for such use prior to the time of enactment of the ordinance (from which this chapter is derived) or any subsequent amendment hereof.

(3)

Any nonconforming building which has been damaged by fire or other causes may be reconstructed and used as before unless the zoning administrator determines that the building is damaged to the extent of more than 50 percent of the structure in which case any repair or reconstruction shall be in conformity with the provisions of this chapter.

(4)

When a nonconforming use of any building or land has ceased for a period of 90 days, it shall not be reestablished or changed to any use not in conformity with the provisions of this chapter.

(5)

Discontinuance of certain nonconforming uses. Notwithstanding any other provisions of this ordinance to the contrary, certain nonconforming land uses after this ordinance is enacted into law shall be discontinued and/or shall be otherwise made to conform with this ordinance within the period of time set forth below. Provided, however, that upon the property owner's application to the zoning board of appeals, the zoning board of appeals may permit not more than one extension for a period of 30 days. The zoning administrator shall deliver written notice of the nonconforming use to the record owner of the lot where the nonconforming use is located or, in the event that the recreational equipment and/or recreational vehicle is parked or stored on a public right-of-way, public street or public land, to the record owner of the recreational equipment and/or recreational vehicle. The written notice of the nonconforming use shall set forth the nature of the nonconforming use which must be discontinued and/or otherwise made to conform with this ordinance and shall set forth the date upon which the nonconforming use must be discontinued and/or otherwise made to conform with this ordinance. The zoning administrator shall determine the identity of the person who, from the records in the county tax assessor's office, appears to be the titled owner of the lot where the nonconforming use is located or, in the event that the recreational equipment and/or recreational vehicle is parked or stored on a public right-of-way, public street or public land, the record owner of the recreational equipment and/or recreational vehicle, and cause a written notice of nonconforming use to be served on such person by:

a.

Personal service as attested to by affidavit of service; or

b.

Copy mailed to such owner at the owner's address by United States certified mail return receipt requested; or

c.

If, after due diligence, as established by affidavit of the zoning administrator, service cannot be perfected as described in subparagraphs a. and b. immediately hereinabove, the zoning administrator shall cause a copy of the aforesaid notice of nonconforming use to be posted at a conspicuous location upon the lot where the nonconforming use is located, or upon the recreational equipment and/or recreational vehicle in the event that the recreational equipment and/or recreational vehicle is parked or stored on a public right-of-way, public street or public land, which shall serve as notice to the owner and the public.

Service of the written notice of nonconforming use shall be deemed effective upon the date of personal service as attested to by affidavit of service or upon the date of delivery of certified mail as determined by return receipt, or upon the date of posting at the location of the nonconforming use as determined by affidavit of the zoning administrator.

(b)

Nonconforming lots.

(1)

Lot of record. When the owner of a lot consisting of one or more adjacent lots of record at the time does not own sufficient land to enable the lot owner to conform to the yard or other requirements of this chapter, an application may be submitted to the board of zoning appeals for a variance from the terms of this chapter, in accordance with variance provisions established by this chapter. If a variance is granted by the board of zoning appeals, such lot may be used as a building site, provided, however, that the setback and other requirements of the district are complied with as closely as is possible in the opinion of the board of zoning appeals.

(2)

Adjoining and vacant lots of record. With regard to a parcel of land consisting of one or more adjacent lots with continuous frontage in single ownership which individually is less than lot widths as required by this chapter, such groups of lots shall be considered as a single lot or several lots of minimum permitted size.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Except as herein provided:

(1)

Use. With the exception of existing non-conforming uses and lots determined in accordance with the provisions of section 32-26(a)(1) through (4) and (b)(1) through (2) hereof, no building or land shall hereinafter be used and no building or part thereof shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located.

(2)

Street frontage. No dwelling shall be erected on a lot which does not abut on at least one public street for at least 50 feet, except that lots fronting on cul-de-sacs may have a minimum road frontage of 30 feet if the lot is at least 100 feet in width at the building line.

(3)

Corner lots. Minimum width of side yard along an intersecting street shall be 40 feet on each street.

(4)

One principal building on a lot. Only one principal building and its customary accessory buildings may hereafter be erected on any lot except in the CSC district where there may be more than one principal building on a lot provided that the zoning administrator does not find them to be incompatible with each other for reasons of public health, safety and welfare.

(5)

Reduction of lot size. Except as may be permitted by the zoning board of appeals, no lots shall be reduced so that minimum setbacks, minimum lot area, minimum lot width, or other provisions of this chapter shall not be maintained. This section shall not apply when a portion of a lot is acquired for public purposes.

(6)

Customary accessory buildings in residential districts. Accessory buildings of 200 square feet or less shall not be closer than ten feet to any property line. Section 32-78 setbacks apply to accessory buildings over 200 square feet. The construction or replacement of accessory buildings or structures on the property cannot be started until the principal single-family building has been issued a certificate of occupancy.

(7)

Building area. On any lot, within an R-1 residential district, the area occupied by all buildings including accessory buildings, shall not exceed 15 percent of the total area of such a lot.

(8)

Annexations. All territory which may hereafter be annexed to the Town of Briarcliffe Acres, South Carolina, shall be considered to be in the R-1 low density residential district until otherwise classified.

(9)

Manufactured homes. Manufactured homes are excluded from R-1, single-family districts, CP, conservation preservation districts and the CSC, church, school and community uses districts.

(10)

Home occupations. No professional or business activities are permitted in R-1 districts.

(11)

Utility services. Any and all changes in existing services planned by any utility company shall require a building permit before proceeding. All new utility services within the VE17, AE16 and AE13 zones on the most current flood insurance rate map (No. 45051CINDOB) shall be underground.

(12)

Rentals. Rental of any single-family dwelling for a period of less than six consecutive months constitutes a commercial activity and is prohibited within the town.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014; Ord. No. 2021.03 , 8-9-2021; Ord. No. 2021.06 , 12-13-2021)

No sign shall be erected or displayed in the town unless such sign falls within the following categories set forth below and complies fully with the requirements pertaining to such signs. No signs temporary or permanent shall be placed in a location that could impede visibility of drivers and/or pedestrian, including but not limited to, pedestrian or vehicle driver sight lines at any intersection within the community. Barricades that have been placed for the purpose of closing part or all a roadway or sidewalk are acceptable.

(1)

US-17. No signs may be posted on the right-of-way of US-17 without the permission of the state department of transportation except temporary warning signs in an emergency due to a potentially hazardous situation.

(2)

No signs may be posted on the right-of-way of the town roads, town property, or the beach without the permission of the town. The town may approve small, temporary signs such as "open house" or "yard sale" to be posted and removed on the day of the event. Residents on a cul-de-sac street may display their names on a single, shared post erected at the head of the street on which their houses are located. Such signs shall not exceed 120 square inches in area. Similar signs with resident names may be displayed on the resident's property but must be located at least five feet from any property line except when such names and or addresses are displayed on the owner's mailbox. Traffic signs and other police informational signs on town property and roads shall be erected only on approval of the town council and traffic signs shall comply with S.C. Code 1976, § 56-5-940. Temporary traffic control signs may be posted in a construction zone or due to an emergency or road hazard.

(3)

Residential signage.

a.

Residents may place signs upon their property subject to the follow restrictions: All signs shall be constructed of aluminum, cardboard, paper, plastic, or wood. Aluminum signs shall have rounded corners. Signs must be placed on wood post except non ocean-front lots may use a metal post. Each lot may have up to four property protection signs and no more than one other sign. The total number of signs per property shall not exceed five signs. The property protection signs on residential property shall be limited to one sign on each side of the property or one near each corner of the property. The sign(s) and their posts shall not exceed six feet in height. The street side portion of the property may have one other type sign. Property protection signs are signs that give a warning or legal notice such as: "no trespassing, no soliciting, dangerous dog, alarm system, video surveillance, keep off the dunes," and or similar messages. If more than one warning message is needed for a property, all messages must be placed on the same sign. The maximum size of each property protection sign shall not exceed 12 inches by 18 inches. Other types of temporary signs (hereinafter designated as "other signs") such as for sale, for rent, political campaign, repair, or any other similar sign shall not exceed four square feet in area and shall be removed within 48 hours following the conclusion of the event. Contractor signs shall not exceed 16 square feet in area and shall be removed within 24 hours following completion of the project or occupancy of the premises, whichever comes first.

b.

The parameters of subsection (3) do not apply to signs indicating an emergency or hazardous condition so long as the sign is temporary and the location or any other aspect of the sign does not pose a health or safety threat.

(4)

Conservation/preservation (CP) districts. Informational, property protection, traffic control, and parking control signs may be erected in CP districts. Such signs may be of the size and type that will ensure the protection of the sand dunes at intervals of 200 feet or greater, the safety of the residents, the safe movement and orderly parking of vehicles, the privacy of the cabana area, and the aesthetics of the community. Informational signs (such as bulletin boards, dedication plaques, beach or park instructions or similar signs placed for public informational purposes) may be erected in CP districts and must be approved by the town council.

Property protection signs in CP districts may be up to 12 inches by 18 inches in size and may be posted in the 40-foot buffer east of US Highway 17 without prior approval at intervals of one sign per 100 feet or greater distance between signs.

(5)

Church/school/community services (CSC) district signs. All signs in the CSC district shall be noncommercial and must be approved by the planning commission. The planning commission shall consider the sign requirements of the county, the city of North Myrtle Beach, and any overlay district sign restrictions along US-17 in approving or denying a similar sign on the west side of US-17. Provided however, that in the CSC District west of U.S. Highway 17 temporary signs up to six feet tall and up to six feet wide advertising events on the premises such as fish-fries, cake sales, student registration, etc. may be displayed without approval of the planning commission for a period of up to 30 days in advance of the event so long as the temporary sign is removed immediately after the on-premises event. Signs in the CSC district east of Highway 17 must be approved by the planning commission and shall be limited to four square feet in size. The town may display temporary public service message signs concerning elections and other public events east of U.S. Highway 17 for a period of up to 30 days in advance of the public event without approval of the planning commission so long as the temporary sign is removed immediately after the completion of the public event. The town may maintain a message or bulletin board near the intersection of Center Drive and Middle Gate Road. The town may maintain one "town hall" sign up to four square feet in size at the town office.

(6)

Prohibited signs.

a.

Any signs erected or displayed in violation of this chapter may be removed by the zoning administrator, or by such other town official without notice.

b.

Permanent advertising signs of a commercial or semi-commercial nature shall not be erected or displayed on any property within the town.

c.

Any sign which exhibits statements, words, or pictures of an obscene or pornographic nature shall not be erected or displayed on any property within the town.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014; Ord. No. 2022.01 , 4-18-2022)

Fences or walls shall comply with the following requirements:

(1)

Fronting a street. A wooden split rail fence may be installed in the front yard of any property. The fence may have a maximum height of 36 inches with posts up to 42 inches in height. All other fences and/or walls must be approved by the planning commission before installation. No fences or walls shall be installed in any manner or location that could impede visibility of drivers and/or pedestrians, including but not limited to, pedestrian or vehicle driver sight lines at any intersection within the community.

(2)

Property line and privacy fences and walls. No such fence or wall shall extend into the front yard. A property line or privacy fence or wall may be installed along the side and rear yards with a maximum nominal height of six feet from natural grade, except that along the northeastern and southwestern perimeters of the town and the perimeter along US-17 Highway the maximum nominal height may be eight feet. All fences or wall greater than six feet tall shall require a building permit. All fences shall be installed with a finished side facing out from the property.

(3)

Ocean-front fences, walls, and enclosures. Fences, walls, and enclosures within 30 feet of any property line adjacent to the ocean or swash require an application for design and material review and a permit from the town council prior to installation. Fences, walls, and enclosures shall not be constructed of metal, metal poles, or any other material that could be deemed hazardous in the event of a hurricane or other severe weather if uprooted. Bulkheads and seawalls meeting the design and permit requirements of DHEC, OCRM, and the Army Corps of Engineers may contain metal components. Standard sand dune restoration fences containing metal wire components may be allowed at the discretion of the town council. The metal component restriction does not apply to fences that have been permitted by local government officials and are located behind a bulkhead or seawall. Fences, walls, and enclosures that are nonconforming shall be required to conform to the provisions of this chapter or be removed within 30 days of enactment.

(4)

Animal enclosures. The maximum height of an animal enclosure shall be eight feet from natural grade. All enclosures shall be located in the rear yard at least ten feet from any property line. (See definitions section 32-3, "rear yard.")

(5)

Swimming pool enclosures. All outdoor swimming pools shall be enclosed with a substantial barrier or fence of minimum four-foot height, and any access gates thereto shall be kept latched when the swimming pool is not in use. All swimming pools that are nonconforming shall be required to conform to the provisions of this chapter within 30 days of enactment.

(6)

Electric fence. Exposed electric fencing is prohibited.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014; Ord. No. 2022.02 , 4-18-2022)

(1)

Any structure proposed to be located within any flood prone area shall conform to the Flood Damage Prevention Ordinance of Horry County.

(2)

Foundations and elevations. Foundations and first floor elevations for all residential buildings in Flood Zone "X" shall have one of the following types of foundations for structural support:

1.

A reinforced concrete slab on concrete footings; or

2.

Brick masonry curtain walls with interior masonry piers supported on concrete footings.

3.

And the elevation of the first floor of any new dwelling shall not exceed a height of 48 inches above the elevation of the highest natural grade at placement of the building on said lot.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Wrecked or unlicensed vehicles are not permitted in residential zones unless in an enclosed garage.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

A recreational vehicle may be parked on a residential lot for a period not exceeding seven consecutive days, provided that the recreational vehicle is not used for purposes of human habitation, and further provided that the same recreational vehicle shall not be parked within the corporate limits of the town more than once in any 30-day period unless the recreational vehicle is within a completely enclosed structure.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Off-street automobile parking space shall be provided for every lot on which any of the following uses are hereafter established:

(1)

Dwellings with at least two spaces for every dwelling unit.

(2)

Any building in the CSC district with at least one space for every 300 square feet of building area.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

(1)

No recreational equipment shall be parked in a manner that would constitute a traffic hazard, or be parked in a public right-of-way, or be parked in the street. No part of any recreational equipment shall extend into the public right-of-way, street or sidewalk. No sight triangle, at street corners shall be violated. The recreational equipment shall be at least 12 feet from the edge of the street pavement or surface.

(2)

No Recreational Equipment shall be stored or parked in the town for more than 72 hours unless it meets the following:

(a)

Residents are strongly encouraged to make every effort to place recreational equipment in back and/or side yards and to make reasonable efforts to screen recreational equipment from plain sight with fencing and/or landscaping.

(b)

Recreational equipment (boats) over 40 feet are not permitted to be parked in the town.

(c)

Recreational equipment (boats) under 25 feet are permitted to be parked in the town. However, there is a limit of one item of recreational equipment per lot in the front yard. If it can be demonstrated that it is unreasonable to move recreational equipment to the side or back yards due to trees, shrubs, elevation or other reasonable causes, then two items of recreational equipment may be permitted in the front yard, however, only one of the items may be a boat. A boat on a trailer will be considered one item.

(d)

Recreational equipment (boats) between and 25 feet and 40 feet are permitted to be parked in the town, but must be parked in the back or side yard and with reasonable efforts made to screen such so that they are not visible in plain sight from the street.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

(a)

R-1 low density residential district. It is the purpose of this classification to establish a district of low density residential areas along with open spaces which appear likely to develop in a similar manner. The requirements for this district are designed to protect the essential characteristics of the district, to promote and encourage an environment for family life and to prohibit all business and professional activities. In order to achieve the intent of the R-1 (low density) residential district, as shown on the zoning map for the Town of Briarcliffe Acres, South Carolina, the following use shall be permitted:

(1)

One family dwelling per lot;

(2)

Customary accessory buildings and uses.

(b)

CP conservation preservation district. It is the purpose of this classification district to preserve and/or control development within certain lands, marsh and/or water areas of the town which possess great natural beauty and to maintain them in their natural state, to preserve the character of the town, more specifically the salt and fresh water lakes and marshes which are important ecologically, being breeding grounds for fish, oysters, crabs, birds and other life forms. The oceanfront sanddunes protect our coastline and the low-lying lots behind them from massive wave damage during a hurricane. The 40-foot buffer strip along Highway 17 is heavily forested and reduces noise and pollution caused by trucks and cars. Generally, the entire area of the town has been developed to maintain the natural pine and live oak cover essential to a bird sanctuary. The following uses shall be permitted:

(1)

Recreational. Fishing, recreational boating, swimming or nature study; and

(2)

The CP Zone in Briarcliffe Acres consists of five separate and distinct areas:

1.

Buffer Zone;

2.

Trails owned by BAA;

3.

Habitat Park and Green Park;

4.

Parcel B - land reserved for future building in case Cabana is destroyed;

5.

Parcel A - Ocean front property, including the Cabana, part of the North American Land Trust (NALT) and subject to its restrictions regarding construction. No construction is allowed that would affect the dunes, and any construction seaward of the setback lines is subject to DHEC rules and regulations.

Parcel A requires a building permit using the same criterion as for R1 construction, based on Town and County ordinances. Minimum setback from Beach Drive is 50 feet. Setbacks on other parts of Parcel A do not apply. Any such construction requests must comply with NALT and DHEC restrictions.

For all other CP Zone property except Parcel A, plans for any new construction would require a building permit, and such plans would need to meet town and county building code, and be reviewed by the planning commission (PC) in a public hearing and evaluated by the PC using the following criterion:

1.

Visual impact;

2.

Safety;

3.

Potential Impact of noise and lights on adjoining property;

4.

Adverse impact of the proposed use on the aesthetic character of the environs, to include the possible need for screening from view; and

5.

Orientation or spacing of improvements or buildings.

The planning commission may make recommendations regarding the location, character, or other features of the proposed building, structure or use as the Planning Commission may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety or general welfare.

(c)

CSC church, school, community uses district. It is the purpose of this classification to establish a district that provides an area for churches, schools, municipal offices, and other community uses that will allow easy and safe access, provide sufficient space for parking and allow these uses to be clustered on single lots when such multiple uses are compatible and not detrimental to the public health, safety or welfare. The following uses shall be permitted:

(1)

Church, synagogue, temple or other places of worship;

(2)

Municipal offices; and

(3)

School, kindergarten, pre-school nursery, or day care center.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

Footnotes

^*1 All structures East of Highway 17 shall have a maximum height of 35 feet.

(Ord. No. 2014-08, § 1(Att. A), 10-20-2014)

The town council of the Town of Briarcliffe Acres, South Carolina adopted Resolution 2016-03 to establish an improvement plan for the Briarcliffe Acres Floodplain Sewer Improvement District, which resolution set forth 28 separate legislative findings that are incorporated herein by this reference as fully as if set forth herein verbatim as legislative findings in support of this division, and the town council hereby makes the following additional legislative findings and determinations in support of this division:

(1)

The provisions of the South Carolina Municipal improvements Act of 1999 (S.C. Code § 5-37-10, et seq., as amended from time to time, sometimes hereinafter referred to as the "Act" or the "Code"), empower and authorize the Town of Briarcliffe Acres (sometimes hereinafter referred to as the "town") to establish an "improvement district" within the town, to establish, enlarge, and expand improvements within the "improvement district", and to finance such establishment, enlargement, and expansion of improvements, in whole or in part, by the imposition of assessments in accordance with the Act, or from general revenues from any source not restricted from such use by law, or by any combination of such funding sources.

(2)

The provisions of S.C. Code 1976 § 5-31-2010, as amended, empower and authorize the town to adopt and enforce regulations requiring all properties to which sewer service is available to connect to the sewage collection facilities as they now exist or are hereafter improved and to make regulations generally with respect to the discharge of sewage and the use of septic tanks and any other type of sewage facilities.

(3)

The provisions of S.C. Code 1976 § 6-15-20, as amended, empower and authorize the town to enter into contracts with other governmental entities, including the City of Myrtle Beach, for the collection of sewage, for the disposal of sewage, and for the treatment of sewage.

(4)

As set forth in Resolution 2016-03 to establish an improvement plan for the Briarcliffe Acres Floodplain Sewer improvement district adopted by the town council on August 29, 2016 (the "resolution"), the town has prepared an "improvement plan" (within the meaning of Section 5-37-20(4) of the Act), entitled "An improvement plan for the Briarcliffe Acres Floodplain Sewer Improvement District" (the "improvement plan"), which improvement plan contemplates the establishment of an "improvement district" (within the meaning of Section 5-37-20(3) of the Act) to be known as the Briarcliffe Acres Floodplain Sewer Improvement District (the "improvement district"). A copy of Resolution 2016-03 which adopted the "improvement plan" is available for review during normal business hours (Monday and Tuesday 1:00 p.m. to 5:00 p.m., and Wednesday, Thursday, and Friday 9:00 a.m. to 1:00 p.m.) at the town office located at 121 North Gate Road, Myrtle Beach, South Carolina 29572. The "improvement plan" contemplates the installation of pressurized grinder stations and related sewer improvements (collectively, the "improvements") which constitute "improvements" within the meaning of section 5-37-20(2) of the Act. The sanitary sewer system "improvements" are specifically described and shown upon engineering plans that are available for review during normal business hours (Monday and Tuesday 1:00 p.m. to 5:00 p.m., and Wednesday, Thursday, and Friday 9:00 a.m. to 1:00 p.m.) at the town office located at 121 North Gate Road, Myrtle Beach, South Carolina 29572.

(5)

The "improvement district" will consist of 11 parcels of real property described on exhibit "A", which is attached hereto and incorporated herein by this reference. A map of the "improvement district" is on file and is available for inspection during normal business hours (Monday and Tuesday 1:00 p.m. to 5:00 p.m., and Wednesday, Thursday, and Friday 9:00 a.m. to 1:00 p.m.) at the town office located at 121 North Gate Road, Myrtle Beach, South Carolina 29572. The said map of the "improvement district" is incorporated herein by this reference as if set forth herein.

(6)

Pursuant to section 5-37-50 of the Act and the provisions of Resolution 2016-03, a public hearing concerning the Resolution was held on September 29, 2016, which date was neither sooner than 20 days nor more than 40 days following the adoption of Resolution 2016-03.

(7)

Pursuant to section 5-37-100 of the Act, the public hearing concerning Resolution 2016-03 was held neither less than ten days nor more than 120 days before the second reading and passage of this ordinance from which this division is derived, providing for creation of the "improvement district".

(8)

Pursuant to section 5-37-60 of the Act, the entire text of Resolution 2016-03 was published in The Sun News, a newspaper of general circulation in the town, on September 5, 2016, and on September 12, 2016. The last date of publication was not less than ten days prior to the date of the public hearing concerning Resolution 2016-03.

(9)

Pursuant to Section 5-37-40 of the Act, the town council hereby finds that: (1) the "improvements" will be beneficial within the "improvement district", (2) the "improvements" will preserve or increase property values within the "improvement district", (3) the "improvements" are likely to encourage development in the "improvement district", (4) the general welfare and tax base of the town will be maintained or likely improved by the establishment of the "improvement district", and (5) it would be fair and equitable to finance all or part of the cost of the "improvements" by an assessment upon the real property located within the "improvement district".

(10)

The town council estimates that the total cost of construction of the sanitary sewer system "improvements" is $150,000.00, based upon construction cost estimates provided by the City of Myrtle Beach. The funds required to construct the "improvements" will be advanced by the City of Myrtle Beach in accordance with the terms of an agreement to be executed by the town and the City of Myrtle Beach.

(11)

The town council hereby finds that the cost of "improvements" advanced by the City of Myrtle Beach may be repaid, in part, from assessments imposed upon the lots and collected from the owners of the lots included in the "improvement district".

(12)

The owners of all owner-occupied properties located within the "improvement district" have given their written consent to the inclusion of their owner-occupied properties in the "improvement district" as required by the provisions of the Act.

(13)

The record owners of Lot 305 Briarcliffe Acres Subdivision, an owner-occupied lot located adjacent to the "improvement district", have not given their written permission to include the property within the "improvement district".

(14)

Pursuant to S.C. Code 1976, §§ 5-7-30 and 5-31-2010, as amended, the town has the legal authority to compel the owners of all developed properties located within the boundaries of the "improvement district" and the owners of Lot 305 Briarcliffe Acres Subdivision to connect to the improved and expanded sewage collection facilities and discontinue use of septic tanks and any other type of sewage facilities. The town has the legal authority pursuant to S.C. Code 1976, § 5-7-30, as amended, to take actions to abate the nuisance posed by use of a septic tank to dispose of sewage generated upon Lot 305 Briarcliffe Acres Subdivision, which actions may include advancing funds for the payment of that lot's allocable share of the actual costs incurred for the sewer system expansion and legal action against the lot owners to collect the funds advanced by the town to abate the nuisance as well as administration and collection costs authorized by town ordinance.

(Ord. No. 2016-06, § 1, 11-21-2016)

The "improvement district", consisting of the 11 parcels of real property described on exhibit "A", which is attached hereto and incorporated herein by this reference, is hereby established. The "improvement district" described in the "improvement plan" set forth in Resolution 2016-03 is hereby amended to exclude therefrom Lot 305 Briarcliffe Acres Subdivision as the record owners of Lot 305 Briarcliffe Acres Subdivision have not given their written consent to the inclusion of Lot 305 Briarcliffe Acres Subdivision in the "improvement district" as required by the provisions of the Act. The "improvement district" is further described upon the map of the "improvement district" on file and available for review during normal business hours (Monday and Tuesday 1:00 p.m. to 5:00 p.m., and Wednesday, Thursday, and Friday 9:00 a.m. to 1:00 p.m.) in the town Office located at 121 North Gate Road, Myrtle Beach, South Carolina 29572.

(Ord. No. 2016-06, § 2, 11-21-2016)

Note— Exh. A as referenced above has not been set out, but may be inspected at the town offices.

The town council hereby authorizes implementation of the "improvement plan" set forth in Resolution #2016-03 adopted on August 29, 2016, as amended hereby. The "improvement plan" contemplates the installation of pressurized grinder stations and related sewer improvements (collectively, the "improvements") which constitute "improvements" within the meaning of Section 5-37-20(2) of the Act. The sanitary sewer system "improvements" are specifically described and shown upon engineering plans that are available for review during normal business hours (Monday and Tuesday 1:00 p.m. to 5:00 p.m., and Wednesday, Thursday, and Friday 9:00 a.m. to 1:00 p.m.) at the town Office located at 121 North Gate Road, Myrtle Beach, South Carolina 29572. The "improvements" will be located within or adjacent to the boundaries of the "improvement district" within the municipal boundaries of the town. The "improvements" will be constructed by the City of Myrtle Beach pursuant to a written agreement between the town and the City of Myrtle Beach. The sanitary sewer system improvements will be owned and operated by the City of Myrtle Beach. The Town of Briarcliffe Acres will have no ownership interest in the sanitary sewer system improvements and the Town of Briarcliffe Acres will not engage in the sewage treatment business.

(Ord. No. 2016-06, § 3, 11-21-2016)

The town council finds that the estimated cost of the "improvements" as of the effective date of this ordinance [from which this division is derived] is approximately $150,000.00, based upon construction cost estimates provided by the City of Myrtle Beach. The funds actually required to construct the "improvements" will be advanced by the City of Myrtle Beach in accordance with the terms of an agreement to be executed by the town and the City of Myrtle Beach. The town will repay the costs advanced by the City of Myrtle Beach to construct the "improvements", in part, by imposing and collecting "assessments" on lots included in the "improvement district". In addition to such "assessments", an allocable share of the actual construction costs, equivalent to one-twelfth of the total actual construction costs, shall be charged to the record owners of Lot 305 Briarcliffe Acres Subdivision, an owner-occupied lot which is not included in the "improvement district" but is located adjacent to the "improvement district". The record owners of Lot 305 Briarcliffe Acres Subdivision shall be obligated to pay the full amount of their allocable share of the actual construction costs of the sanitary sewer system improvements within 30 days following completion and SCDHEC approval of the sanitary sewer system improvements and shall be further obligated to disable their existing septic system at their cost, pay the applicable sewer system connection fees to the City of Myrtle Beach (currently $2,321.00), and connect to the expanded sanitary sewer system within 90 days following completion of the sanitary sewer system improvements and SCDHEC approval of the sanitary sewer system improvements. In the event that the record owners of Lot 305 Briarcliffe Acres Subdivision fail to pay the full amount of their allocable share of the actual construction costs of the sanitary sewer system improvements within 30 days following completion of the sanitary sewer system improvements and SCDHEC approval of the sanitary sewer system improvements and/or fail to disable their existing septic system, pay the applicable sewer system connection fees to the City of Myrtle Beach and connect to the expanded sanitary sewer system within 90 days following completion of the sanitary sewer system improvements and SCDHEC approval of the sanitary sewer system improvements, then, in either of said events, the town may take actions to abate the nuisance posed by use of a septic tank to dispose of sewage generated upon Lot 305 Briarcliffe Acres Subdivision, which actions may include advancing funds for the payment of that lot's allocable share of the actual costs incurred for the sewer system expansion and legal action against the lot owners to collect the funds advanced by the town to abate the nuisance as well as administration and collection costs authorized by town ordinance.

Pursuant to the Act, an "assessment", as defined in § 5-37-20(1) of the Act, will be imposed upon each Briarcliffe Acres Subdivision lot included in the "improvement district" on a per parcel basis. The town's reasonable good faith estimate of the amount of the "assessment" to be imposed upon each Briarcliffe Acres Subdivision lot included in the "improvement district" for construction of sanitary sewer system improvements required to provide public sewer service to the public street right-of-way that adjoins each lot in the "improvement district" is approximately $12,500.00. The actual amount of the "assessment" to be imposed upon each lot shall be the lot's allocable share, that is, one-twelfth, of the total actual costs of construction of the sanitary sewer system improvements. The "assessment" imposed upon a lot included in the "improvement district" shall constitute a lien against the lot that is superior to all other liens except property taxes. The owner(s) of a lot included in the "improvement district" may elect to pay the actual amount of the "assessment" by a single payment that will be due and payable within thirty days following the lot owner's receipt of written notice of approval of the sanitary sewer system improvements by SCDHEC, or by five installment payments, each of which shall consist of a principal amount equal to twenty percent of the actual amount of the "assessment" and accrued interest on the unpaid balance of the "assessment" from the date that is 30 days after the lot owner's receipt of written notice of approval of the sanitary sewer system improvements by SCDHEC until the "assessment" is fully paid at the rate of three percent per annum. The payment notice for the first of such "assessment" installment payments, in the estimated ("est.") amount of $2,875.00, shall be included with the real property tax bill for the calendar year 2017 and the "assessment" installment payment shall be due and payable on or before the delinquency date for payment of 2017 real property taxes; that is, January 16, 2018. Payment notices for the remaining "assessment" installments shall be included with real property tax bills for the calendar years 2018 (est. $2,800.00), 2019 (est. $2,725.00), 2020 (est. $2,650.00), and 2021 (est. $2,575.00) and the "assessment" installment payments for such calendar years shall be due and payable on or before the delinquency date for payment of real property taxes for such calendar years. The "assessment" imposed on any lot included in the "improvement district" may be prepaid in full at any time, without penalty. The "assessment" imposed upon each lot included within the "improvement district" to finance the costs of construction of the sanitary sewer system improvements will not cover the connection (impact) fees imposed by the City of Myrtle Beach (currently $2,321.00) to connect to the public sewer service, any plumbing expense incurred to connect to the public sewer service, and the usual and customary charges imposed by the City of Myrtle Beach for residential sewage treatment.

(Ord. No. 2016-06, § 4, 11-21-2016)

The town council has prepared an assessment roll, which is attached hereto, designated as exhibit "B", and is incorporated herein by this reference as fully as if set forth herein. A copy of the assessment roll is on file in the town office and is available for inspection during normal business hours (Monday and Tuesday 1:00 p.m. to 5:00 p.m., and Wednesday, Thursday, and Friday 9:00 a.m. to 1:00 p.m.) at 121 North Gate Road, Myrtle Beach, South Carolina 29572. The assessment roll, including the assessments reflected therein, is hereby approved, and shall be the basis for the actual assessment on each parcel of real property listed thereon if not altered or amended by an ordinance of town council enacted pursuant to the hearings and the final town council meeting described in section 32-90 hereinafter. The town council hereby declares that the assessment roll is "complete" within the meaning of section 5-37-110 of the Act as of the date hereof.

(Ord. No. 2016-06, § 5, 11-21-2016)

The town council shall publish notice of completion of the assessment roll once in The Sun News, a newspaper of general circulation within the town, on December 2, 2016, or as promptly as reasonably feasible following the date of adoption of this ordinance [from which this division is derived]. The notice of completion of the assessment roll shall set forth a description, in general terms, of the improvements and provide at least ten days' notice of the time fixed for hearing of objections in respect to such assessments. The hearings of objections to the assessment shall be held over a 30-day period beginning on December 15, 2016 (or such other date as is stated in the notice described in the prior sentence and is not less than ten days after publication thereof), and ending on January 18, 2017 (or such other date as is not less than 30 days after the date on which the hearing period begins). Such hearings may be requested by any property owner within the "improvement district" or by any resident of the town, and will upon request be promptly conducted by one or more members of the town council. Following the conclusion of such 30-day hearing period, the town council shall, with respect to each objection received, render a final decision by vote of the whole town council at a public session thereof.

All persons who file written objections to the assessment roll within the time prescribed shall have an opportunity to appear either in person or by their attorney at the hearings to be held by the town council for such purposes and make proof in relation to their objection. At the session held to make a final decision on the objections, the town council may make such corrections to the assessment roll as it deems proper and confirm the same or set it aside and provide for a new assessment.

Whenever the town council shall confirm the assessment, either as originally prepared or as thereafter corrected, a copy thereof shall be certified by the town clerk and shall be filed in the office of the clerk of court for Horry County, and from the time of such filing the assessment impressed in the assessment roll shall constitute and be a lien on the real property against which it is assessed superior to all other liens and encumbrances, except the lien for property taxes, and shall be annually assessed and collected with the property taxes on such real property.

(Ord. No. 2016-06, § 6, 11-21-2016)

The town council shall cause to be mailed, as soon as practicable but prior to the publication of the notice of completion of the assessment roll pursuant to section 32-90 hereof, by registered or certified mail, return receipt requested, to the owner or owners of each lot of land in the "improvement district" against which the assessment is to be levied, at the address appearing on the records of the town or the Horry County Treasurer, a notice stating the nature of the "improvements", the total proposed cost thereof, the amount to be assessed against the particular property and the basis upon which the assessment is made, together with the terms and conditions upon which the assessment may be paid. The notice must contain a brief description of the particular property involved, together with a statement that the amount assessed constitutes a lien against the property superior to all other liens except property taxes. The notice also must state the time and place fixed for the hearing of objections in respect to the assessment contemplated by Section 6 hereof. A property owner who fails to file with the town council a written objection to the assessment against his property within the time provided for hearing such objections shall be deemed to have consented to the assessment, and the published notice pursuant to section 32-90 hereof and the written notice sent pursuant to this section 32-91 shall so state. If all of the owners of property upon which an assessment is to be levied consent in writing to the imposition of such assessment, this section shall be deemed satisfied.

(Ord. No. 2016-06, § 7, 11-21-2016)

Upon the confirmation of an assessment, if any, the town council shall mail a written notice to all persons who have filed written objections as hereinabove provided of the amount of the assessment finally confirmed. Such property owner may appeal such assessment only if he shall, within 20 days after the mailing of the notice to him confirming the assessment, give written notice to the town council of his intent to appeal his assessment to the court of common pleas of Horry County; but no such appeal shall delay or stay the construction of "improvements" or affect the validity of the assessments confirmed and not appealed. Appeals shall be heard and determined on the record in the manner of appeals from administrative bodies in this state.

(Ord. No. 2016-06, § 8, 11-21-2016)

Pursuant to the authority conferred upon the town by S.C. Code 1976, § 6-15-20, as amended, the town hereby authorizes the mayor to negotiate, execute, and deliver one or more agreements with the City of Myrtle Beach for the expansion of the existing sanitary sewer system which serves the Briarcliffe Acres floodplain to provide sanitary sewer service infrastructure to the developed and undeveloped lots in the Briarcliffe Acres floodplain that are not presently served by sanitary sewer.

(Ord. No. 2016-06, § 9, 11-21-2016)

Pursuant to the legal authority conferred upon the town by S.C. Code 1976, §§ 5-7-30 and 5-31-2010, as amended, the town council hereby declares that the owner of each developed lot included within the "improvement district" who currently operates an on-site private septic system, and the record owners of Lot 305 Briarcliffe Acres Subdivision who currently operate an on-site private septic system, shall be required to disable the private septic system, at the owner's cost, to pay all required connection (impact) fees imposed by the City of Myrtle Beach (currently $2,321.00) to connect to the public sewer service, and to connect to the public sewer improvements constructed by the City of Myrtle Beach that provide public sewer service to the public street right-of-way that adjoins the owner's lot within 90 days of receipt of written notice of approval of the sanitary sewer system improvements by SCDHEC.

(Ord. No. 2016-06, § 10, 11-21-2016)