For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASEMENT. That portion of a building having its floor subgrade (below ground level) on all sides.
CONSTRUCTION. Any building or erection of a structure or any preparation for the same.
DEVELOPER. Any person who acts in his or her own behalf, or as an owner or an agent for an owner of property, and who makes application for the permit necessary to disturb land or vegetation or to encroach upon a major drainage channel, or to encroach upon the designated floodplain.
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.
DRAINAGE. A general term applied to the removal of surface or subsurface water from a given area either by gravity via natural means or by systems constructed so to remove water, and is commonly applied herein to surface water.
DRAINAGE MAP. The map attached to and made a part of this chapter as though copied herein which is maintained by the Department of Planning and Development and which identifies the existing natural and man-made major drainage channels of the county.
DRAINAGE SYSTEM. The surface and subsurface system for the removal of water from the land, including both the natural elements of streams, marshes, swales, and ponds, whether of an intermittent or continuous nature, and the man-made element which includes culverts, retention facilities and the storm sewer system.
ELEVATED BUILDING. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), shear walls or breakaway walls.
EMBANKMENT or FILL. A deposit of soil, rock or other material placed by man.
EROSION. The general process by which soils or rock fragments are detached and moved by the action of wind, water, ice and gravity.
FLOOD. A temporary rise in the level of water which results in the inundation of areas not ordinarily covered by water. For the purpose of this chapter, a FLOOD shall be construed to be any inundation which has a return frequency of 100 years or less, and shall be known as the base flood.
FLOOD CONTROL PLAN. A plan which fully indicates the measures to be taken to provide for the protection of major drainage channels, the provisions for flood control, and the provisions for the control of runoff and which is approved as provided herein for application to a particular area or parcel of ground.
FLOOD MAPS.
(1) The official county maps which are attached to and made a part of this chapter as though copied herein, and which designate within the unincorporated jurisdiction of Lexington County and within those municipalities which, executed agreement, have contracted for the provisions of this chapter to be administered within their respective corporate boundaries, the elevation and boundaries of land subject to inundation by a flood with a return frequency of 100 years.
(2) The specific studies listed below shall be incorporated herein, including any amendments thereto, as well as any authorized studies received from the U. S. Corps of Engineering or other agency which specifically relate to the flooding of land within the county and which clarify or extend the information contained in the following:
(a) 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 as Zone A.
(b) 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. The areas of special flood hazard identified by the Federal Emergency Management Agency in its Flood Insurance Rate Map for Lexington County, South Carolina (unincorporated areas), dated 6-15-1981, with accompanying maps and other supporting data, and any revision thereto, are adopted by reference and declared to be a part of this chapter.
(c) FLOOD INSURANCE STUDY. The official report provided by 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.
FLOODPLAIN. Any land area susceptible to being inundated by flood waters resulting from a flood with a return frequency of 100 years or less.
FLOODPROOFING. Any combination of structural and non-structural modifications, additions, changes or adjustments to new or existing structures which has the effect of reducing or eliminating the potential for flood damage to real estate or improved real property, to water and sanitary facilities or to structures and their contents.
FLOODWAY. The channel of river or watercourse, and the adjacent land areas, that must be reserved in order to discharge a flood within a return frequency of 100 years without cumulatively increasing the water surface elevation more than one (1) foot.
FLOOR. The top surface of an enclosed area in a building (including basement) that is, top of slab in concrete slab construction or top of wood flooring in wood frame construction.
GRADING. Any displacement of soil by stripping, excavating, filling, stockpiling or any combination thereof, including the land in its excavated or filled state.
LAND. Any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water within the county.
LAND DISTURBANCE. Any activity involving clearing, grading, transporting, filling or any other activity which causes land to be exposed to the danger of erosion, or which might create an alteration in the natural drainageway.
MANUFACTURED HOME.
(1) A structure, transportable in one (1) 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.
(2) 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.
NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of the initial Flood Insurance Rate Map for Lexington County, South Carolina (unincorporated areas), which is 6-15-1981.
PERMIT. A certificate issued to perform work authorized under the provisions of the chapter.
PROFESSIONAL SOIL CONSERVATIONIST. An individual who satisfies the successful completion of a four (4)-year course of study in an accredited college or university leading to a bachelor's degree with major study in soil conservation or a closely related natural resource or agricultural field such as agronomy, wildlife biology, agricultural education or agricultural engineering (since there is no Board or other authority to review the various curricula, it is suggested that the course of study include 30 semester hours in soils); and three (3) years of experience in the planning and application of erosion and sediment control practices. The experience should have been obtained under the supervision of another professional soil conservationist.
REGISTERED ARCHITECT. An architect properly registered and licensed in South Carolina by the State Board of Architectural Examiners.
REGISTERED CIVIL ENGINEER. A civil engineer properly registered and licensed in South Carolina or permitted by the licensing board.
REGISTERED LANDSCAPE ARCHITECT. A landscape architect properly registered and licensed in South Carolina or permitted by the licensing board.
RUNOFF. That portion of the precipitation on the land which reaches the drainage system.
SEDIMENTATION. The process which operate at or near the surface of the ground, or deposit soils, debris and other materials either on other ground surfaces or in water channels.
SEDIMENT CONTROL AND DRAINAGE PLAN. A drainage system plan which fully indicates necessary land management and treatment measures, including a timetable of the schedule for their installation, which will effectively minimize soil erosion and sedimentation and which is approved as provided herein for application to a particular area or parcel of ground.
SOIL AND WATER CONSERVATION DISTRICT. The Soil and Water Conservation District for Lexington County as established by state statute.
START OF CONSTRUCTION. (For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub.L. No.97-348)), being 16 U.S.C. §§ 3501 et seq., 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 structure (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 structure.
STRUCTURE. Anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, including, but not limited to, tennis courts, swimming pools, fences and buildings.
SUBSTANTIAL IMPROVEMENT.
(1) Any combination of repairs, reconstruction, alteration or improvements to a structure, taking place during the life of structure, in which the cumulative cost equals or exceeds 50% of the market value of the structure.
(2) The market value of the structure should be:
(a) The appraised value of the structure prior to the start of the initial repair or improvement; or
(b) In the case of damage, the value of the structure prior to the damage occurring.
(3) For the purposes of this definition,
SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
(4) The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.
VEGETATION. All plant growth, especially trees, shrubs, mosses and grasses.
(1985 Code, § 2, 2.20)