The Legislature of the state has in statute 1976 S.C. Code, Title 6, Chapter 7 delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the town does ordain this chapter.

('81 Code, § 152.01 a.) (Ord. passed 3-5-84; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91; Am. Ord. 5-19-92)

   (A)   The flood hazard areas of the town are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

   (B)   These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages.

('81 Code, § 152.01 b.) (Ord. passed 3-5-84; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91; Am. Ord. 5-19-92)

   (A)   Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designated to:

      (1)   Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

      (2)   Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

      (3)   Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;

      (4)   Control filling, grading, dredging, and other development which may increase erosion or flood damage; and

      (5)   Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.

   (B)   Objectives. The objectives of this chapter are:

      (1)   To protect human life and health;

      (2)   To minimize expenditure of public money for costly flood control projects;

      (3)   To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

      (4)   To minimize prolonged business interruptions;

      (5)   To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in floodplains;

      (6)   To help maintain a stable tax base providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and

      (7)   To insure that potential home buyers are notified that property is in a flood area.

('81 Code, § 152.01 c., d.) (Ord. passed 3-5-84; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91; Am. Ord. 5-19-92)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING. A building customarily incidental and subordinate to, and detached from, the principal building, and located on the same lot with such principal building. Garages, carports and storage sheds are common accessory buildings.

   ADDITION TO EXISTING BUILDING. Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by independent perimeter load-bearing walls is “new construction”.

   APPEAL. A request for a review of the Building Official’s interpretation of any provision of this chapter or a request for a variance.

   AREA OF SHALLOW FLOODING. A designated AO or VO Zone on a community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

   AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.

   BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.

   BASEMENT. That portion of a building having its floor subgrade (below ground level) on all sides.

   BREAKAWAY WALL. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

   BUILDING. Any structure built for support, shelter, or enclosure for any occupancy or storage.

   COASTAL HIGH HAZARD AREA. The area subject to high velocity waters caused by, but not limited to, hurricane wave wash. The area is designated on a FIRM as Zone VI-30, VE, or V.

   CRAWL SPACE BUILDING. A non-basement building built to have the bottom of the lowest floor system elevated less than four feet above the average ground level by means of the foundation system.

   CRITICAL FACILITY. A structure or facility, specifically excluding sanitary sewer pump stations and motor fuel-dispensing facilities, but otherwise that:

      (1)   Produces, uses, or stores highly volatile, flammable, explosive, toxic and/or water-reactive materials;

      (2)   Is a hospital, nursing home, or housing likely to contain occupants who may not be sufficiently mobile to avoid death or injury during a flood;

      (3)   Is a fire station, police station (primary station manned full time), vehicle and equipment storage facility, or emergency operations center that is needed for flood response activities before, during or after a flood; or

      (4)   Is a public or private utility facility that is vital to maintaining or restoring normal services to flooded areas before, during or after a flood.

   DESIGN FLOOD ELEVATION (DFE). The elevation of the base flood plus two feet at any given location in areas of special flood hazard.

   DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials or equipment.

   ELEVATED BUILDING. A non-basement building built to have the bottom of the lowest floor system elevated four feet or more above the average ground level by means of the foundation system.

   EXISTING CONSTRUCTION. Any structure for which the “start of construction” commenced before April 2, 1971.

   EXISTING MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community (before April 2, 1971).

   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

   FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

      (1)   The overflow of inland or tidal waters;

      (2)   The unusual and rapid accumulation or runoff of surface waters from any source.

   FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined.

   FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

   FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map and the water surface elevation of the base flood.

   FLOOD-RESISTANT MATERIAL. Any building material capable of withstanding direct and prolonged contact (minimum 72 hours) with floodwaters, without sustaining damage that requires more than low-cost cosmetic repair. Please refer to FEMA Technical Bulletin 2-93, “Flood-Resistant Materials for Buildings Located in Special Flood Hazard Areas in Accordance with the National Flood Insurance Program”. Class 4 and 5 materials, referenced therein, are acceptable flood-resistant materials.

   FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

   FLOOR. The top surface of an enclosed area in a building (including basement), for example, top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

   FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long- term storage, manufacture, sales, or service facilities.

   HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a building.

   HISTORIC STRUCTURE. Any structure that is:

      (1)   Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

      (3)   Individually listed on the Town Inventory of Historic Places as contributing to the historical significance of the district, since the town is a Certified Local Government.

   LIMITED STORAGE. An area used for storage, which is limited to that which is incidental and accessory to the principal use of the primary structure, and can withstand exposure to the elements with a low flood damage potential. Limited storage areas shall not be temperature controlled.

   LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this chapter.

   MANUFACTURED HOME. A building, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

   MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

   MEAN SEA LEVEL. The average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD) and when reference is made to MEAN SEA LEVEL it shall mean the NGVD.

   NATIONAL GEODETIC VERTICAL DATUM (NGVD). The geodetic datum derived by the US Coast and Geodetic Survey (USCGS), which is now named the National Ocean Service (NOS), from an adjustment of the first order level nets of both the United States and Canada. Because sea levels have been rising in varying amounts with respect to location and time since 1929, the mean tide level and local mean sea level are now higher than the NGVD by varying amounts and conversions are necessary to correct for these differences.

   NEW CONSTRUCTION. Any structure for which the “start of construction” commenced after April 2, 1971. The term also includes any subsequent improvements to such structure.

   NEW MANUFACTURED HOME PARK or SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

   NON-COMPLIANT BUILDING. An existing building or structure that is not in compliance with the provisions of this chapter.

   RECREATIONAL VEHICLE. A vehicle which is:

      (1)   Built on a single chassis;

      (2)   Four hundred square feet or less when measured at the largest horizontal projection;

      (3)   Designed to be self-propelled or permanently towable by a light duty truck; and

      (4)   Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

   REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damage occurred.

   START OF CONSTRUCTION. (For other than “new construction” or “substantial improvements” under the Coastal Barrier Resources Act (PL 97-348)) includes “substantial improvement”, and means the date the building permit was issued, provided the actual START OF CONSTRUCTION, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main building. For a “substantial improvement”, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building.

   STRUCTURE. A walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other man-made facilities or infrastructures.

   SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

   SUBSTANTIAL IMPROVEMENT. Any combination of repairs, reconstruction, rehabilitation, addition or other improvement to a structure taking place during a period of five years, the cumulative cost of which equals or exceeds 50% of the fair market value of the structure, either before the "start of construction" of the improvement, or if the structure has been damaged or is being restored, before the damage occurred. This term includes structures that have incurred "repetitive loss" or "substantial damage", regardless of the actual work performed. Where more than one improvement is made over a five-year period, which begins at permit issuance date, the percentage value (that is, the value of the improvement expressed as a percentage of the value of the structure immediately before the improvement) of the most recent improvement shall be added to the percentage value of all other improvements made within five years of the current improvement. If the cumulative percentage during the five-year period equals or exceeds a total of 50%, then it shall be classified as a SUBSTANTIAL IMPROVEMENT.

   SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS or SUBDIVISIONS. The repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50% of the value of the streets, utilities and pads before repair, reconstruction or improvement commenced.

   VARIANCE. A grant of relief from the requirements of this chapter which permits construction in a manner otherwise prohibited by this chapter where specific enforcement would result in unnecessary hardship.

   VIOLATION. The failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(4) or (e)(5) is presumed to be in VIOLATION until such time as that documentation is provided.

(‘81 Code, § 152.02) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12 17-91; Am. Ord. passed 5-19-92; Am. Ord. 00072, passed 1-9-01; Am. Ord. 04078, passed 1-11-05; Am. Ord. 07037, passed 6-12-07; Am. Ord. 07055, passed 9-11-07; Am. Ord. 18039, passed 6-14-18; Am. Ord. 20065, passed 11-10-20; Am. Ord. 24004, passed 2-15-24; Am. Ord. 24036, passed 12-16-24)

   (A)   (1)   This chapter shall apply to all areas of special flood hazard within the jurisdiction of the town as identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study for Charleston County, South Carolina and incorporated areas, dated January 29, 2021, with accompanying maps and other supporting data that are hereby adopted by reference and declared to be a part of this chapter.

      (2)   Upon annexation, any Special Flood Hazard Areas identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study for the unincorporated areas of Charleston County, with accompanying map and other data, are adopted by reference and declared part of this section.

      (3)   All LOMRs that are issued by FEMA in Special Flood Hazard Areas identified by this section are hereby adopted.

(‘81 Code, § 152.03 a.) (Ord. passed 3-5-84; Am. Ord. passed 9-8-86; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91; Am. Ord. 05075, passed 10-12-05; Am. Ord. 18039, passed 6-14-18; Am. Ord. 20065, passed 11-10-20)

   (A)   Special flood hazard area maps have been prepared for Charleston County and its incorporated areas by the Federal Emergency Management Agency in its Flood Insurance Rate Study, dated November 17, 2004. The accompanying maps and other supporting data are adopted by reference and declared to be a part of this chapter.

      Specific requirements for the permanent stormwater management portion of the stormwater management and sediment control plan approval process include, but are not limited to, the following items. The appropriate plan approval agency may modify the following items for a specific project or type of project.

      (4)c. Watersheds, other than Designated Watersheds, that have well documented water quantity problems may have more stringent, or modified, design criteria determined by the local government that is responsive to specific needs of that watershed.

(‘81 Code, § 152.03 b.) (Ord. passed 3-5-84; Am. Ord. passed 9-8-86; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91; Am. Ord. 04056, passed 10-12-04; Am. Ord. 05075, passed 10-12-05; Am. Ord. 18039, passed 6-14-18)

   No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations.

('81 Code, § 152.03 d.) (Ord. passed 3-5-84; Am. Ord. passed 9-8-86; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91)

   This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. If two or more zones transect any structure to be erected, the structure shall conform to the highest standard of any zone transecting the structure.

('81 Code, § 152.03 e.) (Ord. passed 3-5-84; Am. Ord. passed 9-8-86; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91)

   (A)   In the interpretation and application of this chapter all provisions shall be:

      (1)   Considered as minimum requirements;

      (2)   Liberally construed in favor of the governing body; and

      (3)   Deemed neither to limit nor repeal any other powers granted under state statutes.

   (B)   In the event any section, subsection, sentence, clause or phrase contained in this chapter shall be declared or adjudicated to be invalid or unconstitutional by a court of competent jurisdiction, all the remaining provisions of this chapter shall be and remain in full force and effect.

('81 Code, § 152.03 f.) (Ord. passed 3-5-84; Am. Ord. passed 9-8-86; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91)

2007 S-24

   The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may increased by man- made or natural causes. This chapter does not imply that land outside areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town or by any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

('81 Code, § 152.03 g.) (Ord. passed 3-5-84; Am. Ord. passed 9-8-86; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91)

   If any part of this chapter is declared invalid, the remainder of the chapter shall not be affected and shall remain in force.

(Ord. 20065, passed 11-10-20)

   In all areas of special flood hazard the following provisions are required:

   (A)   New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure;

   (B)   Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to, and consistent with, applicable state requirements for resisting wind forces;

   (C)   New construction and substantial improvements shall be constructed with only flood-resistant materials below the design flood elevation;

   (D)   New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

   (E)   Electrical, heating, ventilation, plumbing, air conditioning and permanent/fixed generator equipment, and other service facilities (including ductwork) shall not be located below the design flood elevation in new construction and substantial improvement construction, except for essential lighting and power circuits. This requirement does not preclude the installation of electric vehicle (EV) chargers, service disconnects, pool equipment filters and pumps, or outdoor faucets for hoses, shower heads and sinks; provided disconnect and/or back-flow devices are installed to prevent contamination to the water supply system, and no connection is made to the sanitary waste collection system and that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding and anchored to prevent flotation;

   (F)   New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;

   (G)   New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding;

   (H)   Any alteration, repair, reconstruction or improvements to a building in compliance with the provisions of this section, shall meet the requirements of new construction as contained in this chapter; and

   (I)   Any alteration, repair, reconstruction or improvements to a building not in compliance with the provisions of this chapter, shall be undertaken only if the nonconformity is not furthered, extended or replaced, if classified as a substantial improvement;

   (J)   Notwithstanding substantial improvement or substantial damage construction, the minimum elevation of the lowest floor of an improvement or addition to a non-compliant building shall not be less than the Base Flood Elevation of the effective FEMA maps plus the town’s freeboard of the existing building; and all new materials installed below the design flood elevation shall be flood-resistant;

   (K)   New or replacement electrical, heating, ventilation, plumbing, and air conditioning equipment installed in non-compliant buildings, where substantial improvement or damage is not a factor, shall be elevated to at least the existing lowest floor level; and ductwork installed below the design flood elevation shall be designed so as to prevent water from entering or accumulating within during conditions of flooding;

   (L)   Sanitary landfills are prohibited;

   (M)   New critical facilities are prohibited from the 500-year floodplain. This includes those areas designated as VE, AE, and X (shaded) on the applicable FIRM.

   (N)   Elevators shall be installed in accordance with FEMA Technical Bulletin 4-93, “Elevator Installation for Buildings Located in Special Flood Hazard Areas”, which is incorporated herein by reference, specifically including any subsequent revisions thereto.

   (O)   Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.

   (P)   All gas or liquid storage tanks, either located above ground or buried, shall be anchored to prevent flotation and lateral movement resulting from hydrodynamic and hydrostatic loads.

   (Q)   In order to address increasing flood levels, flood hazards, and the associated damage caused by importation of fill, the following shall apply within the town's 100-year regulatory floodplain, as depicted in the current effective adopted Flood Insurance Rate Map (FIRM) and effective Letter of Map Revisions (LOMR):

      (1)   Beginning July 1, 2024 (the "Effective Date"), the permitting of certain foundation types shall be prohibited for all new foundations for single family dwellings, including attached single-family dwellings. The provisions of this section do not apply to garages, additions, conversions, substantially improved, substantially damaged, or nonresidential structures.

      (2)   The most current version of Appendix B to the Federal Emergency Management Agency's National Flood Insurance Program (NFIP) Flood Insurance Manual dated October 2022 (the "Appendix") is hereby incorporated by reference and shall govern acceptable foundation types with the following foundations prohibited:

         (a)   The foundations depicted in Diagrams 1A, 1B, 2A, 2B, 3 and 4 of the Appendix for new detached single-family dwellings; and

         (b)   The foundations depicted in Diagrams 1A, 2A, 2B, 3 and 4 of the Appendix for new attached single-family dwellings.

      (3)   The town's Floodplain Manager or his/her duly authorized agent shall review elevation certificates to ensure the proper type of foundation has been used pursuant to this section.

   (R)   Enclosures below DFE must be used solely for parking of vehicles, building access or storage. The following is not allowed in enclosures below DFE: appliances, heating and air conditioning equipment, ventilation, ductwork (unless otherwise exempted), plumbing fixtures, materials that are not flood damage-resistant materials, more than the minimum electric service required to address life-safety and electric code requirements for vehicle parking, building access, or storage; unless equipment is elevated/protected to DFE and it services the elevated floor(s) in accordance with FEMA Technical Bulletin 1 “Requirements for Flood Openings in Foundation Walls and Walls of Enclosures”.

(‘81 Code, § 152.05 a.) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12-17-91; Am. Ord. passed 5-19-92; Am. Ord. 07055, passed 9-11-07; Am. Ord. 18039, passed 6-14-18; Am. Ord. 24004, passed 2-15-24; Am. Ord. 24036, passed 12-16-24)

   In all areas of special flood hazard where base flood elevation data have been provided, as set forth in § 152.06 or § 152.51(K), the following provisions of this chapter are required.

('81 Code, § 152.05 b.) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12-17-91; Am. Ord. passed 5-19-92)

   (A)   Residential construction. New construction or substantial improvement of any residential building (or manufactured home) shall have the lowest floor, including basement, elevated no lower than the design flood elevation. Should solid foundation perimeter walls be used to elevate a structure for crawl space, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of § 152.23.

      (1)   Fill must consist of soil and rock materials only. A registered professional geotechnical engineer may authorize the use of dredged material as fill only upon certification of suitability;

      (2)   Fill may not be placed in tidal or non-tidal wetlands without the required state and federal permits;

      (3)   The fill shall be designed, installed, and tested in accordance with the requirements of the town adopted and state mandated building codes, and the extension and slope of the fill beyond the foundation of the building shall be designed to minimize the potential for erosion and scour; and

      (4)   The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties.

      (1)   The building is securely anchored in accordance with § 152.20(A);

      (2)   The building is constructed of flood-resistant materials below the design flood elevation in accordance with § 152.20(C);

      (3)   Exterior perimeter walls are provided with openings to relieve hydrostatic pressure in accordance with § 152.23(A), and the interior is not partitioned or finished into separate rooms;

      (4)   The building is used only for parking of vehicles and/or limited storage of equipment used to service the principal building; and

      (5)   Electrical, heating, ventilation, plumbing, air conditioning, and other service facilities are prohibited, except for essential lighting and power circuits.

(‘81 Code, §152.05 b.) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12-17-91; Am. Ord. passed 5-19-92; Am. Ord. 07055, passed 9-11-07; Am. Ord. 18039, passed 6-14-18; Am. Ord. 20065, passed 11-10-20; Am. Ord. 21038, passed 5-11-21)

   New construction or substantial improvements of elevated and crawl space buildings that include fully-enclosed areas formed by foundation and other walls below the design flood elevation shall be designed to preclude finished living space, and to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on the walls.

   (A)   Designs for complying with this requirement must either be certified by a professional engineer or architect, or meet the following minimum criteria:

      (1)   Provide a minimum of two openings, located on two different walls of the enclosure, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

      (2)   The bottom of all openings shall be no higher than one foot above grade; and

      (3)   Openings may be equipped with screens, louvers, valves, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

   (B)   For elevated buildings, enclosed areas below the design flood elevation shall not exceed 299 square feet cumulatively. The enclosed areas cannot be temperature controlled.

   (C)   Elevated building shall be supported by piers, piles or other open foundation systems. Non- load-bearing panels may be installed around the perimeter of the foundation area between the structural supports. These panels shall not be considered enclosure walls for the purposes of division (B) above, provided they meet the following conditions:

      (1)   Each panel section installed between structural supports shall be constructed with permanent openings, and the net area of these openings shall not be less than 40% of the total area of the opening in which the panel is installed;

      (2)   Each panel section must have openings within one foot of grade to allow for the entry and exit of floodwaters as per division (A) above;

      (3)   The area within the foundation perimeter shall not be divided or partitioned in any manner, except as allowed in division (B) above; and

      (4)   Access to the enclosed area(s) allowed in division (B) above shall be the minimum necessary to allow for parking of vehicles (garage door), or limited storage (standard exterior door), or entry to the living area (stairway or elevator).

   (D)   A nonconversion agreement, as supplied by the Town Building Inspection Division, is required to be executed for all new and substantially improved elevated buildings where the ground floor is below the design flood elevation. The nonconversion agreement shall be registered with the Charleston County Register of Deeds (ROD) Office, and a recorded copy must be returned to the Building Inspection Division Office prior to the issuance of a certificate of occupancy.

(‘81 Code, § 152.05 b.) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12-17-91; Am. Ord. passed 5-19-92; Am. Ord. 07055, passed 9-11-07; Am. Ord. 18039, passed 6-14-18; Am. Ord. 20065, passed 11-10-20)

   (A)   All manufactured homes placed, or substantially improved, on individual lots or parcels, in new manufactured home parks, in expansions to existing manufactured home parks or subdivisions, or in substantially improved manufactured home parks or subdivisions, must meet all the requirements for new construction, including elevation and anchoring.

   (B)   All manufactured homes placed or substantially improved in an existing manufactured home park or subdivision must comply with the following:

      (1)   The lowest floor of the manufactured home is elevated no lower than the design flood elevation, or

      (2)   The manufactured home must be securely anchored to the adequately anchored foundation system to resist flotation, collapse and lateral movement.

      (3)   In an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, any manufactured home placed or substantially improved must meet the standards of division (B)(1) and (2) above.

   (C)   All recreational vehicles placed on sites must either:

      (1)   Be on the site for fewer than 180 consecutive days; or

      (2)   Be fully licensed and ready for highway use. (A recreational vehicle is READY FOR HIGHWAY USE, if it is on its wheels or jacking system, is attached to the site only by quick disconnect-type utilities and security devices, and has no permanently attached structures.); or

      (3)   Meet all the requirements for new construction, including anchoring and elevation requirements, as provided in divisions (A) and (B) above.

('81 Code, § 152.05 b.) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12-17-91; Am. Ord. passed 5-19-92; Am. Ord. 03057, passed 10-14-03; Am. Ord. 07037, passed 6-12-07; Am. Ord. 07055, passed 9-11-07)

   Located within the areas of special flood hazard established in § 152.06 are areas designated as coastal high hazard areas and Coastal A Zones. These areas have special flood hazards associated with wave wash; therefore, the following provisions apply:

   (A)   All new construction and substantial improvements shall be located landward of the reach of the mean high tide first line of stable natural vegetation and comply with all applicable Department of Health and Environmental Control (DHEC) Ocean and Coastal Resource Management (OCRM) setback requirements;

   (B)   All new construction and substantial improvements shall be elevated by piers, piles or other open foundation systems so that the bottom of the lowest supporting horizontal member (including pilings or columns) is located no lower than the design flood elevation;

   (C)   All new construction and substantial improvements shall be anchored on pilings or columns;

   (D)   All pilings and columns and the attached structures shall be anchored to resist flotation, collapse and lateral movement, due to the effect of wind and water loads acting simultaneously on the building components. The anchoring and support system shall be designed with wind and water loading values that equal or exceed the 100-year mean recurrence interval (1% annual chance flood) and the current edition of the International Building Code or International Residential Code as adopted by the State of South Carolina..

   (E)   There shall be no fill used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes; provided the fill will wash out from storm surge, thereby rendering the building free of obstruction prior to generating excessive loading forces, ramping effects, or wave deflection. The Building Official shall approve design plans for landscaping/aesthetic fill, only after the applicant has provided an analysis by an engineer, architect and/or soil scientist, which demonstrates that the following factors have been fully considered:

      (1)   Particle composition of fill material does not have a tendency for excessive natural compaction;

      (2)   Volume and distribution of fill will not cause wave deflection to adjacent properties; and

      (3)   Slope of fill will not cause wave run-up or ramping;

   (F)   There shall be no alteration of sand dunes or vegetation that would increase the potential flood damage;

   (G)   The space below the lowest floor shall be either free of obstruction or constructed with non-supporting, breakaway, open latticework, open privacy slats or shutters, or insect screening intended to collapse under wind and water loads, without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. If used, the open latticework or open privacy slats or shutters (“open breakaway panels”) must be made of wood or plastic no thicker than one inch (nominal), and at least 40% of the area of the panels formed with these materials must be open. The panels must completely span the areas between piers or other vertical structural supports, in accordance with division (H) below, and meet the following design specifications:

      (1)   Design safe loading resistance of each wall shall be not less than ten nor more than 20 pounds per square foot; or

      (2)   If more than 20 pounds per square foot, a registered professional engineer or architect shall certify that the design wall collapse would result from a water load less than that which would occur during the base flood event, and the elevated portion of the building and supporting foundation system wall not be subject to collapse, displacement or other structural damage, due to the effects of wind and water loads acting simultaneously on all building components during the base flood event. Maximum wind and water loading values to be used in this determination shall each have 1% chance of being equaled or exceeded in any given year (100-year mean recurrence interval).

   (H)   If open breakaway panels are utilized, such enclosed space shall not be designed to be usable for human habitation, but shall be designed to be usable only for parking of vehicles, building access, or limited storage. The open breakaway panels may be used only around the perimeter of the space below the elevated structure. Interior partitions or enclosures are prohibited, with the exception of elevator shaft enclosure walls as provided in division (I) below;

   (I)   Elevator shaft enclosure walls and access stairs attached to or beneath an elevated building may be excluded from the breakaway requirement, if the potential loads generated by these obstructions are considered in the design of the building. However, in all cases, they must be constructed of flood-resistant materials;

   (J)   Prior to construction, plans for any building that will have open breakaway panels must be submitted to the Building Official for approval;

   (K)   Any alteration, repair, reconstruction or improvement to a structure shall not enclose the space below the lowest floor, except with open breakaway panels, as provided for in divisions (G), (H) and (J);

   (L)   The placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile home) park or subdivision are prohibited; provided, however, a replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision only if the anchoring standards of division (D) and the elevation standards of division (B) are met;

   (M)   A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in divisions (B), (C), (D), (E), (G) and (I) of this section.

   (N)   Appurtenant features, such as swimming pools, decks and patios, gazebos, fences, and other features as may be determined by the Building Official as potentially causing an obstruction, must comply with the Federal Emergency Management Agency (FEMA) Technical Bulletin 5-93, “Free-Of-Obstruction Requirements for Buildings Located in Coastal High Hazard Areas”, which is incorporated herein by reference, specifically including any subsequent revisions thereto.

      (2)   Any and all other obstructions located in the VE Zone shall meet all applicable requirements of this section.

(‘81 Code, § 152.05 b.) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12-17-91; Am. Ord. passed 5-19-92; Am. Ord. 07037, passed 6-12-07; Am. Ord. 07055, passed 9-11-07; Am. Ord. 18039, passed 6-14-18; Am. Ord. 20065, passed 11-10-20)

   (A)   All subdivision proposals shall be consistent with the need to minimize flood damage;

   (B)   All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

   (C)   All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

   (D)   Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of 50 lots or five acres.

   (E)   Subdivision proposals for residential lots located within the Special Stormwater Management Area, per § 152.05(B)(2), Old Village Stormwater Study Area, are subject to the following:

      (1)   Sketch plan approval from the Planning Commission. The application shall meet all Sketch Plan Checklist items as well as submit plans relating to existing area topography, proposed final grade elevations, area designated for detention if deemed applicable upon further engineering study, and the location of all stormwater related infrastructure, which may include inlets, channels, swales, or areas of detention. Engineered designed systems are not necessary for Sketch Plan approval.

      (2)   Subject to Single Family Stormwater Management and Tree Preservation Program, § 150.025.

      (3)   Subject to original Ord. 18039 and subsequent amendment 22009; Stormwater Management Guide for Homebuilders inside the Old Village Study Area.

(‘81 Code, § 152.05 c.) (Ord. passed 3-5-84; Am. Ord. passed 6-11-91; Am. Ord. passed 12-17-91; Am. Ord. passed 5-19-92; Am. Ord. 21029, passed 5-11-21; Am. Ord. 22009, passed 2-8-22)

   Located within the areas of special flood hazard established in § 152.05(A)(1) are areas designated as shallow flooding. The following provisions shall apply within such areas:

   (A)   All new construction and substantial improvements of residential structures shall have the lowest floor elevated to at least as high as the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor shall be elevated at least three feet above the highest adjacent grade.

   (B)   All new construction and substantial improvements of non-residential structures shall:

      (1)   Have the lowest floor elevated to at least as high as the depth number specified on the Flood Insurance Rate Map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor shall be elevated at least three feet above the highest adjacent grade; or

      (2)   Be completely flood-proofed together with attendant utility and sanitary facilities to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Certification is required as stated in § 152.51(I).

   (C)   All structures on slopes must have drainage paths around them to guide water away from the structures.

(Ord. 20065, passed 11-10-20)

   A building permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities.

('81 Code, § 152.03 c.) (Ord. passed 3-5-84; Am. Ord. passed 9-8-86; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91)

   Application for a building permit shall be made to the Building Official on forms furnished by him or her prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials or equipment; drainage facilities, and the location of the foregoing. Specifically, the following information is required:

   (A)   Application stage.

      (1)   Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all buildings;

      (2)   Elevation in relation to mean sea level to which any nonresidential building will be floodproofed;

      (3)   Certificate from a registered professional engineer or architect that the nonresidential floodproofed building will meet the floodproofing criteria in § 152.22;

      (4)   Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

   (B)   Construction stage. Provide a floor elevation or floodproofing certification after the lowest floor is completed, or in instances where the building is subject to the regulations applicable to coastal high hazard areas, after placement of the horizontal structural members of the lowest floor. Upon placement of the lowest floor, or floodproofing by whatever construction means, or upon placement of the horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to submit to the Building Official a certification of the elevation of the lowest floor, floodproofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built, in relation to mean sea level. The certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional engineer and certified by same. When floodproofing is utilized for a particular building, the certification shall be prepared by, or under the direct supervision of, a professional engineer or architect and certified by same. Any work undertaken prior to submission of the certification shall be at the permit holder’s risk. The Building Official shall review the floor elevation survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being permitted to proceed. Failure to submit the survey or failure to make the corrections required, shall be cause to issue a stop-work order for the project.

('81 Code, § 152.04 b.) (Ord. passed 3-5-88; Am. Ord. passed 6-11-91; Am. Ord. passed 5-19-92; Am. Ord. passed 1-12-93)

   The Building Official and the Floodplain Manager, or their designee, are appointed to administer and implement the provisions of this chapter.

(‘81 Code, § 152.04 a.) (Ord. passed 3-5-88; Am. Ord. passed 6-11-91; Am. Ord. passed 5-19-92; Am. Ord. passed 1-12-93; Am. Ord. 07055, passed 9-11-07; Am. Ord. 24004, passed 2-15-24)

   Duties of the Building Official and the Floodplain Manager, or their designee, shall include, but not be limited to:

   (A)   Review all development permits to assure that the permit requirements of this chapter have been satisfied.

   (B)   Advise permittee that additional federal or state permits may be required, and if specific federal or state permit requirements are known, require that copies of such permits be provided and maintained on file with the development permit.

   (C)   Notify adjacent communities and the State Water Resources Commission prior to any alteration or relocation of a water course, and submit evidence of such notification to the Federal Emergency Management Agency.

   (D)   Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood carrying capacity is not diminished.

   (E)   Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved buildings, in accordance with § 152.41(B).

   (F)   Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved buildings have been floodproofed, in accordance with § 152.41(B).

   (G)   In coastal hazard areas (V-Zone), certification shall be obtained from a registered professional engineer or architect that the building is designed and securely anchored to adequately anchored pilings of columns in order to withstand velocity waters and hurricane wave wash.

   (H)   In coastal high hazard areas (V-Zones), the Building Official shall review plan for adequacy of breakaway walls in accordance with § 152.26(H).

   (I)   When floodproofing is utilized for a particular building, the Building Official shall obtain certification from a registered professional engineer or architect, in accordance with § 152.22.

   (J)   Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Building Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in this section.

   (K)   When base flood elevation data or floodway data have not been provided in accordance with § 152.06, then the Building Official shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of §§ 152.20 through 152.27.

   (L)   All records pertaining to the provisions of this chapter shall be maintained in the office of the Building Official and shall be open for public inspection.

   (M)   The following documents are incorporated by reference, as amended, and may be used by the Building Official to provide further guidance and interpretation of this section as found on the website for the Federal Emergency Management Agency (FEMA):

      (1)   FEMA 55, Coastal Construction Manual;

      (2)   All FEMA Technical Bulletins;

      (3)   All FEMA Floodplain Management Bulletins;

      (4)   FEMA 348, Protecting Building Utilities from Flood Damage;

      (5)   FEMA 499, Home Builder’s Guide to Coastal Construction Technical Fact Sheets; and

      (6)   FEMA 936, Floodproofing Non- Residential Buildings.

(‘81 Code, § 152.04 c.) (Ord. passed 3-5-88; Am. Ord. passed 6-11-91; Am. Ord. passed 5-19-92; Am. Ord. passed 1-12-93; Am. Ord. 07055, passed 9-11-07; Am. Ord. 18039, passed 6-14-18; Am. Ord. 24004, passed 2-15-24)

   (A)   The Construction Board of Adjustment as established by the town shall hear and decide appeals and requests for variances from the requirements of this chapter.

   (B)   The Construction Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this chapter.

   (C)   Any person aggrieved by the decision of the Construction Board of Adjustment or any taxpayer may appeal such a decision to the appropriate court as provided in the state statutes.

   (D)   Variances may be issued for the repair, rehabilitation or restoration of historic structures (see definition) without regard to the procedures set forth in the remainder of this section; except for § 152.53(A) and (D), and upon a determination the proposed repair or restoration will not result in the building losing its designation as an historical structure and the variance is the minimum to preserve the historic character and design.

   (E)   Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this section are met, no reasonable alternatives exist, and the development is protected by methods that minimize flood damage and create no additional threat to public safety.

   (F)   In passing upon such applications, the Construction Board of Adjustment shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter; and

      (1)   The danger that materials may be swept onto other lands to the injury of others;

      (2)   The danger to life and property due to flooding or erosion damage;

      (3)   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

      (4)   The importance of the services provided by the proposed facility to the community;

      (5)   The necessity of the facility to a waterfront location, in the case of a functionally- dependent facility;

      (6)   The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

      (7)   The compatibility of the proposed use with existing and anticipated development;

      (8)   The relationship of the proposed use to the comprehensive plan and floodplain management program from that area;

      (9)   The safety of access to the property in times of flood for ordinary and emergency vehicles;

      (10)   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and

      (11)   The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

   (G)   Upon consideration of the factors listed above, and the purposes of this chapter, the Construction Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

(‘81 Code, § 152.04 d.) (Ord. passed 3-5-88; Am. Ord. passed 6-11-91; Am. Ord. passed 5-19-92; Am. Ord. passed 1-12-93; Am. Ord. 18039, passed 6-14-18)

   (A)   Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of an historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

   (B)   Variances shall only be issued upon:

      (1)   A showing of good and sufficient cause;

      (2)   A determination that failure to grant the variance would result in exceptional hardship and;

      (3)   A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud upon or victimization of the public, or conflict with existing local laws or ordinances.

   (C)   Any applicant to whom a variance is granted shall be given written notice specifying the difference between base flood elevation and the elevation to which the building is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

   (D)   The Building Official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request.

('81 Code, § 152.04 d.) (Ord. passed 3-5-88; Am. Ord. passed 6-11-91; Am. Ord. passed 5-19-92; Am. Ord. passed 1-12-93)

   Violation of the provisions of this chapter or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case. However, no penalty shall exceed the penalty provided by state law for similar offenses. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the town from taking such other lawful actions as is necessary to prevent or remedy any violation, including notifying the Federal Emergency Management Agency (FEMA) to initiate a Section 1316 of the National Flood Insurance Act of 1968 action against the structure upon the finding that the violator refuses to bring the violation into compliance with the provisions of this chapter.

(‘81 Code, § 152.03 h.) (Ord. passed 3-5-84; Am. Ord. passed 9-8-86; Am. Ord. passed 9-13-88; Am. Ord. passed 6-11-91; Am. Ord. 18039, passed 6-14-18)