Section
General Standards
153.01 Statutory authorization
153.02 Findings of fact
153.03 Purpose and objectives
153.04 Lands to which this chapter applies
153.05 Establishment of development permit
153.06 Compliance
153.07 Interpretation
153.08 Partial invalidity and severability
153.09 Warning and disclaimer of liability
153.10 Definitions
Administration
153.20 Designation of Local Administrator
153.21 Adoption of letter of map revisions (LOMR)
153.22 Development permit and certification requirements
153.23 Duties and responsibilities of the Local Administrator
153.24 Administrative procedures
Provisions for Flood Hazard Reduction
153.30 General standards
153.31 Specific standards
153.32 Standards for streams without established base flood elevations and/or floodways
153.33 Standards for streams with established base flood elevations but without floodways
153.34 Standards for areas of shallow flooding (AO Zones)
Variance Procedures
153.40 Establishment of Appeal Board
153.41 Right to appeal
153.42 Historic structures
153.43 Agricultural structures
153.44 Considerations
153.45 Findings
153.46 Floodways
153.47 Conditions
Legal Status Provisions
153.50 Effect on rights and liabilities under the existing flood damage prevention ordinance
153.51 Effect upon outstanding building permits
153.99 Penalty
GENERAL STANDARDS
The legislature of the state has in S.C. Code Titles 5 and 6, and amendments thereto, 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 Council of the Town of Pendleton, South Carolina does ordain as follows.
(Ord. 17-19, passed 12-14-17)
(A) The special flood hazard areas of the town are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(B) Furthermore, 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.
(Ord. 17-19, passed 12-14-17)
(A) It is the purpose of this chapter to protect human life and health, minimize property damage, and encourage appropriate construction practices to minimize public and private losses due to flood conditions by requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. Uses of the floodplain which are dangerous to health, safety, and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion are restricted or prohibited. These provisions attempt to control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters, and control filling, grading, dredging and other development which may increase flood damage or erosion. Additionally, the chapter prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.
(B) The objectives of this chapter are to protect human life and health, to help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize flood blight areas, and to insure that potential home buyers are notified that property is in a flood area. The provisions of the chapter are intended to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets and bridges located in the floodplain, and prolonged business interruptions. Also, an important floodplain management objective of this chapter is to minimize expenditure of public money for costly flood control projects and rescue and relief efforts associated with flooding.
(C) Floodplains are an important asset to the community. They perform vital natural functions such as temporary storage of floodwaters, moderation of peak flood flows, maintenance of water quality, groundwater recharge, prevention of erosion, habitat for diverse natural wildlife populations, recreational opportunities, and aesthetic quality. These functions are best served if floodplains are kept in their natural state. Wherever possible, the natural characteristics of floodplains and their associated wetlands and water bodies should be preserved and enhanced. Decisions to alter floodplains, especially floodways and stream channels, should be the result of careful planning processes that evaluate resource conditions and human needs.
(Ord. 17-19, passed 12-14-17)
(A) 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, dated December 21, 2017 with accompanying maps and other supporting data that are hereby incorporated by reference as if fully set forth in this chapter.
(B) 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 Anderson County, with accompanying map and other data are adopted by reference and declared part of this chapter.
(Ord. 17-19, passed 12-14-17)
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