§ 3.4.1. General provisions.

(A)

Statutory authorization. The legislature of the State of South Carolina has in SC Code of Laws, Title 4, Chapters 9 (Article 1), 25, and 27, 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 county council of Darlington County, South Carolina, does ordain as follows:

(B)

Findings of fact. The flood hazard areas of Darlington County 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.

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.

(C)

Statement of purpose and objectives. It is the purpose of section 3.4 of the Development Standards Ordinance to protect human life and health, maintain water quality, 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 or pollution 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 floodwaters, and control filling, grading, dredging, and other development which may increase flood damage, pollution or erosion. Additionally, section 3.4 prevents or regulates the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands.

The objectives of section 3.4 are to protect human life and health, maintain water quality, to help maintain a stable tax base by providing for the sound use and development of floodprone 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 section 3.4 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 section 3.4 is to minimize expenditure of public money for costly flood control projects and rescue and relief efforts associated with flooding.

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 which evaluate resource conditions and human needs.

(D)

Lands to which section 3.4 applies. Section 3.4 shall apply to all areas of special flood hazard within the unincorporated areas of the county as identified by the Federal Emergency Management Agency in its flood insurance study, dated February 6, 2013, for the county with accompanying maps and other supporting data, which are hereby adopted by reference and declared to be a part of section 3.4.

(E)

Establishment of development permit. A development permit shall be required in conformance with the provisions of section 3.4 prior to the commencement of any development activities.

(F)

Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of section 3.4 and other applicable regulations.

(G)

Interpretation. In the interpretation and application of section 3.4, all provisions shall be considered as minimum requirements, liberally construed in favor of the governing body, and deemed neither to limit nor repeal any other powers granted under state law. Section 3.4 is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where section 3.4 and other ordinance provisions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(H)

Partial invalidity and severability. If any part of section 3.4 of the Development Standards Ordinance is declared invalid, the remainder of this section shall not be affected and shall remain in force.

(I)

Warning and disclaimer of liability. The degree of flood protection required by section 3.4 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. Section 3.4 does not imply that land outside the special flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. Section 3.4 shall not create liability on the part of Darlington County or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

(J)

Enforcement. The building inspection/codes enforcement department personnel are hereby appointed as code enforcement officers for the purpose of the enforcement of section 3.4 of the Development Standards Ordinance. Planning department personnel are also given authority to enforce section 3.4. Persons empowered to enforce section 3.4 may, upon witnessing violations, issue written notices or uniform ordinance summons.

(K)

Penalties for violation. Violation of the provisions of section 3.4 of the Development Standards Ordinance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates section 3.4 or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 per day or imprisoned for not more than 30 days, or both. Each day such violation continues shall be considered a separate offense. Nothing herein shall prevent Darlington County from taking such other lawful action as necessary to prevent or remedy any violation.

(Ord. No. 04-11, § 2, 9-7-04; Ord. No. 12-16, § I, 12-3-12)