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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 be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within the area will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of South Congaree 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.
(1985 Code, Ch. 15, Art. III) (Am. Ord. --, passed 4-27-2018)
ADMINISTRATION
(A) Application for a development permit shall be made to the Floodplain Administrator on forms furnished by him or her prior to any development activities, and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; and the location of fill materials, storage areas, and drainage facilities.
(B) Specifically, the following information is required.
(1) A plot plan that shows the 100-year floodplain contour or a statement that the entire lot is within the floodplain must be provided by the development permit applicant when the lot is within or appears to be within the floodplain as mapped by the Federal Emergency Management Agency or the floodplain identified pursuant to either the duties and responsibilities of the Floodplain Administrator of§ 156.052 or the standards for subdivision proposals of § 156.066 and the standards for streams without estimated base flood elevations and floodways of § 156.067. The plot plan must be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by him or her. The plot plan must show the floodway, if any, as identified by the Federal Emergency Management Agency or the floodway identified pursuant to either the duties and responsibilities of the Floodplain Administrator of § 156.052, the standards for subdivision proposals of § 156.066(L), or the standards for streams without estimated base flood elevations and floodways of § 156.067.
(a) The elevation in relation to mean sea level of the lowest floor of all new and substantially improved structures; and
(b) If the structure will be floodproofed in accordance with the non- residential construction requirements of § 156.066(B), the elevation in relation to mean sea level to which the structure will be floodproofed.
(4) Alteration of watercourse. Where any watercourse will be altered or relocated as a result of proposed development, the application for a development permit shall include a description of the extent of watercourse alteration or relocation, an engineering study to demonstrate that the flood- carrying capacity of the altered or relocated watercourse is maintained, and a map showing the location of the proposed watercourse alteration or relocation.
(c) Certifications.
(1) Floodproofing certification. When a structure is floodproofed, the applicant shall provide certification from a registered professional engineer or architect that the nonresidential floodproofed structure meets the floodproofing criteria in the nonresidential construction requirements of §§ 156.066(B) and 156.069(B)(2).
(2) Certification during construction. A lowest floor elevation or floodproofing certification is required after the lowest floor is completed. As soon as possible after completion of the lowest floor and before any further vertical construction or floodproofing by any construction means (whichever is applicable) commences, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the lowest floor or floodproofed elevation (whichever is applicable) as built in relation to mean sea level. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by him or her. Any work done prior to submission of the certification shall be at the permit holder’s risk. The Floodplain Administrator shall review the floor elevation survey data submitted. The permit holder, immediately and prior to further progressive work being permitted to proceed, shall correct deficiencies detected by such review. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project.
(3) V-zone certification. When a structure is located in Zones V, VE, or V1-30, certification shall be provided from a registered professional engineer or architect, separate from submitted plans, that new construction and substantial improvement meets the criteria for the coastal high hazard areas outlined in § 162.11.5.
(4) As-built certification. Upon completion of the development, a registered professional engineer, land surveyor or architect, in accordance with South Carolina law, shall certify (according to the requirements of § 165.05.2a, 2b and 2c) that the development is built in accordance with the submitted plans and previous pre-development certifications.
(1985 Code, Ch. 15, Art. IV) (Am. Ord. --, passed 4-27-2018) Penalty, see § 156.999
Duties of the Floodplain Administrator shall include, but not be limited to:
(A) Permit review. Review all development permits to assure that the permit 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 in division (C)(1) of this subsection, 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 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 with the Federal Emergency Management Agency prior to the start of construction.
(4) Within 60 days of completion of an alteration to a watercourse referenced in the certification requirements of § 156.051(C)(4), the applicant shall submit an as-built certification provided 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 § 156.066(E) 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.
(2) Obtain the actual elevation in relation to mean sea level to which the new or substantially improved structures have been floodproofed in accordance with the floodproofing certification outlined in § 156.051(B)(1).
(3) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the non- residential construct requirements outlined in § 156.066(B).
(4) A registered and professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in the coastal high hazard area requirements outlined in § 162.11.4, § 162.11.6, and § 162.11.8.
(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 chapter.
(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, etc.) shall prevail. The correct information should be submitted to FEMA as per the map maintenance activity requirements outlined in § 156.066(G)(2).
(J) Use of best available data. When base flood elevation data and floodway data has not been provided in accordance with § 156.030, 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 outlined in § 156.066(L), 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 the 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 Floodplain Administrator will maintain a copy of the letter of map amendment issued from FEMA in the permit file.
(L) On-site inspections. Make on-site inspections of projects in accordance with administrative procedures outlined in § 156.054(A).
(M) Administrative notices. Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with the administrative procedures outlined in § 156.054.
(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. President Carter issued Executive Order 11988, Floodplain Management, in May 1977. E.O. 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 (8) 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 determinations. 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 (5) 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 (1) 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 (6) months;
(2) One (1) 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; or
(3) Real estate purchase contracts held within six (6) months prior to the date of the application for a permit.
(1985 Code, Ch. 15, Art. IV) (Am. Ord. --, passed 4-27-2018)
All LOMRs that are issued in the areas identified in § 156.030 are hereby adopted.
(Ord. --, passed 4-27-2018)
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