(a) Duties of the local administrator shall include, but not be limited to:
(1) Review all development permit applications to assure that the requirements of this article have been satisfied.
(2) 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.
(3) Prior to the issuance of the floodplain development permit to alter or relocate a watercourse, notify adjacent communities, South Carolina Department of Natural Resources, Land, Water and Conservation Division, State Coordinator for Flood Mitigation Programs for the National Flood Insurance Program, and submit evidence of such notification to the Department of Homeland Security-FEMA, National Flood Insurance Program.
(4) In addition to the notifications required in § 8-30(a)(3), a program shall be established by the person altering the watercourse to maintain the watercourse and written reports of maintenance records must be maintained to show that maintenance has been provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. 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 person responsible for maintenance performance. Records shall be kept on file in the local office for the Department of Homeland Security-FEMA, National Flood Insurance Program inspection.
(6) Accept and review documentation for all structures located in the areas of special flood hazard in accordance with § 8-29(b)(7).
(7) Accept and review documentation for all structures located in the areas of special flood hazard in accordance with § 8-29(b)(8).
(9) 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.
(10) Make on-site inspections of projects in accordance with § 8-31.
(12) Maintain all records pertaining to the administration of this article and make these records available for public inspection.
(13) To determine damage to structures located in the area of special flood hazards, regardless of the source of the damage, and to further determine if the damage is considered substantial damage and/ or a repetitive loss due to flooding in accordance with § 8-28, and notify the owner of the property of such finding. If the damage to the structure is caused by flooding and is determined to be substantial damage or is a repetitive loss, and the structure is covered by the NFIP, the structure may be eligible for the increased cost coverage (ICC) provision under NFIP.
(14) Notify the South Carolina Department of Natural Resources Land, Water and Conservation Division, within 6 months, of any annexations or detachments that include special flood hazard areas.
(15) 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.
(16) 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, etc.) shall prevail. The correct information should be submitted to FEMA as per the map maintenance activity requirements outlined in § 8-30(d).
(17) Substantial damage/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 10 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:
a. 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 6 months.
b. 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.
c. Real estate purchase contract within 6 months prior to the date of the application for a permit.
(18) The Building Official or his/her designee (Floodplain Administrator) may issue variances for:
a. Functionally dependent uses as specified in § 8-41(b);
c. Historic structures as specified in § 8-43; and
d. Accessory structures as specified in § 8-36.
(b) The person contesting the location of the area of special flood hazard boundary may obtain an approved Letter of Map Amendment (LOMA) from DHS-FEMA, or appeal the interpretation as provided for in this article.
(c) When base flood elevation data or floodway data has not been provided (Zone A) in accordance with § 8-24 for a project of less than 3 acres in size or less than 30 lots, the local administrator is authorized to allow the applicant to submit for 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 § 8-39 in order to administer the provisions of this article. Data from preliminary, draft, and final Flood Insurance Studies constitutes best available data from a federal, state, or other source.
However; if a detailed study is required using detailed methods as are acceptable by the Department of Homeland Security-FEMA, which utilizes floodplain geometry, hydrology and hydraulics to analyze the pre and post development conditions. All studies shall take into consideration a "full build out" condition for the studied watershed area. Such analysis shall be undertaken by a SC licensed Professional Engineer, who shall certify that the technical methods used reflect currently accepted engineering practices. Studies, analysis, and computations shall be submitted in sufficient detail to allow review and approval by the local administrator, and in a digital format compatible with the requirements and standards of Greenville County GIS. The accuracy of the data submitted for such determination shall be the sole responsibility of the applicant.
After review of the detailed study by the local administrator the applicant shall submit to DHS-FEMA an application for a Letter of Map Revision (LOMR) based upon existing site conditions. Applications for encroachments and/or modifications to the area of special flood hazard will be evaluated and processed as described in § 8-29(a)(9) and § 8-38(f). The applicant shall be responsible for all technical submissions and fees to DHS-FEMA in order to obtain the map change. The floodplain development permit will not be issued until DHS-FEMA has issued the LOMR or CLOMR, as applicable.
(d) Map maintenance activities. The National Flood Insurance Program (NFIP) requires flood data to be reviewed and approved by FEMA. This ensures that flood maps, studies and other data identified in § 8-24 accurately represent flooding conditions so appropriate floodplain management criteria are based on current data. The following map maintenance activities are identified:
(1) Requirement to submit new technical data. For all development proposals that impact floodway delineations or base flood elevations, the community shall ensure that technical or scientific data reflecting such changes be submitted to FEMA as soon as practicable, but no later than six months of the date such information becomes available. These development proposals include; but not limited to:
b. Fill sites (refer to § 8-38) to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
c. Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and
d. Subdivision or large scale development proposals requiring the establishment of base flood elevations in accordance with § 8-30(b).
(2) It is the responsibility of the applicant to have technical data, required in accordance with § 8-38(f), prepared in a format required for a Conditional Letter of Map Revision or Letter of Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall also be the responsibility of the applicant.
(3) The local floodplain administrator shall require a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for:
b. Proposed development which increases the base flood elevation (refer to § 8-38).
(4) Floodplain development permits issued by the local floodplain administrator shall be conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to § 8-38(f).
(Ord. 4085, § 2, passed 2-20-2007; Ord. 4631, § 2, passed 6-17-2014; Ord. 5031, passed 11-6-2018; Ord. 5276, passed 4-6-2021)