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Duties and responsibilities of the Building Official shall include, but not be limited to:
(A) Permit review. Review all development permits to assure that the requirements of this chapter have been satisfied.
(B) Requirement of federal and/or state permits. Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
(C) Watercourse alterations.
(1) Notify adjacent communities and the South Carolina Department of Natural Resources, Land, Water and Conservation Division, State Coordinator for the National Flood Insurance Program, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(2) In addition to the notifications required watercourse alterations per § 152.21(3)(a), written reports of maintenance records must be maintained to show that maintenance has been provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is maintained. This maintenance must consist of a comprehensive program of periodic inspections, and routine channel clearing and dredging, or other related functions. The assurance shall consist of a description of maintenance activities, frequency of performance, and the local official responsible for maintenance performance. Records shall be kept on file for FEMA inspection.
(3) If the proposed project will modify the configuration of the watercourse, floodway, or base flood elevation for which a detailed Flood Insurance Study has been developed, the applicant shall apply for and must receive approval for a Conditional Letter of Map Revision (CLOMR) with the Federal Emergency Management Agency prior to the start of construction.
(4) Within 60 days of completion of an alteration of a watercourse, the applicant shall submit as-built certification, by a registered professional engineer, to the Federal Emergency Management Agency.
(D) Floodway encroachments. Prevent encroachments within floodways unless the certification and flood hazard reduction provisions of § 152.44 are met.
(E) Adjoining floodplains. Cooperate with neighboring communities with respect to the management of adjoining floodplains and/or flood-related erosion areas in order to prevent aggravation of existing hazards.
(F) Notifying adjacent communities. Notify adjacent communities prior to permitting substantial commercial developments and large subdivisions to be undertaken in areas of special flood hazard and/or flood-related erosion hazards.
(G) Certification requirements.
(1) Obtain and review actual elevation (in relation to mean sea level) of the lowest floor of all new or substantially improved structures.
(2) Obtain the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been floodproofed.
(3) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect.
(H) Map interpretation. 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), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this subchapter.
(I) Prevailing authority. Where a map boundary showing an area of special flood hazard and field elevations disagree, the base flood elevations for flood protection elevations (as found on an elevation profile, floodway data table, and the like) shall prevail. The correct information should be submitted to FEMA as per the map maintenance activity requirements.
(J) Use of best available data. When base flood elevation data and floodway data has not been provided obtain, review, and reasonably utilize best available base flood elevation data and floodway data available from a federal, state, or other source, including data developed pursuant to the standards for subdivision proposals, in order to administer the provisions of this chapter. Data from preliminary, draft, and final Flood Insurance Studies constitutes best available data from a federal, state or other source. Data must be developed using hydraulic models meeting the minimum requirement of NFIP approved model. If an appeal is pending on the study in accordance with 44 CFR Ch. 1, Part 67.5 and 67.6, the data does not have to be used.
(K) Special flood hazard area/topographic boundaries conflict. When the exact location of boundaries of the areas special flood hazards conflict with the current, natural topography information at the site; the site information takes precedence when the lowest adjacent grade is at or above the BFE, the property owner may apply and be approved for a Letter of Map Amendment (LOMA) by FEMA. The Building Official in the permit file will maintain a copy of the Letter of Map Amendment from FEMA.
(L) On-site inspections. Make on-site inspections of projects as necessary.
(M) Administrative notices. Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions.
(N) Records maintenance. Maintain all records pertaining to the administration of this chapter and make these records available for public inspection.
(O) Annexations and detachments. Notify the South Carolina Department of Natural Resources Land, Water and Conservation Division, State Coordinator for the National Flood Insurance Program within six (6) months of any annexations or detachments that include special flood hazard areas.
(P) Federally funded development. The President issued Executive Order 11988, Floodplain Management May 1977. Executive Order 11988 directs federal agencies to assert a leadership role in reducing flood losses and losses to environmental values served by floodplains. Proposed developments must go through an eight-step review process. Evidence of compliance with the executive order must be submitted as part of the permit review process.
(Q) Substantial damage determination. Perform an assessment of damage from any origin to the structure using FEMA’s Residential Substantial Damage Estimator (RSDE) software to determine if the damage equals or exceeds 50% of the market value of the structure before the damage occurred.
(R) Substantial improvement determination. Perform an assessment of permit applications for improvements or repairs to be made to a building or structure that equals or exceeds 50% of the market value of the structure before the start of construction. Cost of work counted for determining if and when substantial improvement to a structure occurs shall be cumulative for a period of five years. If the improvement project is conducted in phases, the total of all costs associated with each phase, beginning with the issuance of the first permit, shall be utilized to determine whether “substantial improvement” will occur. The market values shall be determined by one of the following methods:
(1) The current assessed building value as determined by the county’s assessor’s office or the value of an appraisal performed by a licensed appraiser at the expense of the owner within the past six months.
(2) One or more certified appraisals from a registered professional licensed appraiser in accordance with the laws of South Carolina. The appraisal shall indicate actual replacement value of the building or structure in its pre-improvement condition, less the cost of site improvements and depreciation for functionality and obsolescence.
(3) Real estate purchase contract within six months prior to the date of the application for a permit.
(Ord. 14-006, passed 2-25-14)
DEVELOPMENT PERMITS
A development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development activities.
(Ord., passed 10-25-83) Penalty, see § 152.99
Application for a development permit shall be made to the Building Official on forms furnished by him, 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 elevations of the area in question; existing or proposed structures, fill, storage of materials; drainage facilities, and the location of the foregoing. Specifically, the following information is required.
(A) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures.
(B) Elevation in relation to mean sea level to which any nonresidential structure will be flood-proofed.
(C) A certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure meets the flood-proofing criteria in § 152.41(B).
(D) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(E) A floor elevation or flood-proofing certification after the lowest floor is completed. Within 21 calendar days of establishment of the lowest floor elevation, or flood-proofing 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, flood-proofed 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 thereby. When flood-proofing 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 thereby. Any work done within the 21-day calendar period and 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 hereby, shall be cause to issue a stop-work order for the project.
(F) Upon completion of the project and prior to issuance of a Certificate of Occupancy by the Building Official, a final Certificate of Occupancy shall be submitted for approval by the Building Official which provides certification that all applicable requirements of this chapter concerning final elevation of floors, electrical equipment, heating/cooling equipment, plumbing, gas etc. have been satisfied.
(Ord., passed 10-25-83; Am. Ord. 14-006, passed 2-25-14; Am. Ord. 2018-012, passed 8-28-18)
FLOOD HAZARD REDUCTION
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