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MINUTES OF MAY 7, 2012
Lark W. Jones, Mayor
James M. Adams, Jr., Councilmember
Carolyn C. Baggott, Councilmember
Pat C. Carpenter, Councilmember
Kenneth J. McDowell, Councilmember
Arthur H. Shealy, Councilmember
Jason M. Whinghter, Councilmember
ORDER OF BUSINESS
REGULAR MEETING
The regular meeting of May 7, 2012, having been duly publicized, was called to order by Mayor
Jones at 7:00 p.m. Mayor Jones rendered the invocation and led in the Pledge of Allegiance.
Members present were Mayor Jones and Councilmembers Adams, Baggott, Carpenter,
McDowell, and Whinghter, and Shealy.
Also in attendance were B. Todd Glover, City Administrator; Kelly F. Zier, City Attorney;
Richard L. Meyer, Interim Director of Parks, Recreation, and Leisure Services; Scott L. Sterling,
Interim Director of Planning and Economic Development; John P. Potter, Jr., Director of
Finance; Charles Williams, Captain of Training, Fire, and Administration with Public Safety;
Thomas C. Zeaser, Director of Engineering and Public Works; James E. Sutton, Deputy Director
Minutes of Regular Meeting of 5/07/12
of Public Services; Diana H. Miller, Manager of Human Resources; and Donna B. Young, City
Clerk.
The minutes of the study session and regular meetings of April 16, 2012, were approved by
general consent.
ITEM 1 FINANCE• Amendment of the City's Financial Policy to Comply with
GASBS 54 by Revising the City Code of the City of North Augusta —
Ordinance, Third and Final Reading
On motion by Mayor Jones, second by Councilmember Shealy, Council
unanimously adopted an ordinance on third and final reading amending the City's
Financial Policy by adding Section 2.15 entitled Fund Balance by revising
Chapter 2, entitled Administration, Article I.I., entitled Financial and Growth
Policies, Division 2, entitled Statement of Financial Policies, of the City Code of
the City of North Augusta, South Carolina.
This ordinance is being considered for adoption because the Governmental
Accounting Standards Board (GASB) has issued a new pronouncement, GASBS
54 — entitled Fund Balance Reporting and Governmental Fund Type
Definitions. Adoption of the proposed ordinance is required to implement this
new pronouncement. GASBS 54 is effective with the 2011 audit.
Please see the minutes of April 16, 2012, for the proposed ordinance text.
ITEM 2 CITY PROPERTY: Deed of a ±0.07 Acre Portion of Land to Beazley
Development Company, Inc. —Ordinance, First Reading
On motion by Councilmember Baggott, second by Councilmember Whinghter,
Council unanimously passed an ordinance on first reading deeding a ±0.07 acre
portion of land to Beazley Development, Inc.
The proposed ordinance text is as follows:
ORDINANCE NO. 2012-05
TO DEED A±0.07 ACRE PORTION OF LAND TO
BEAZLEY DEVELOPMENT COMPANY, INC.
WHEREAS, on June 11, 2007, Beazley Development Company, Inc. deeded a
±0.07 acre portion of land in the Bergen Place West subdivision (Tract A on the attached
Exhibit A) to the City to serve as an access road to the project's detention pond; and
WHEREAS, at the time Phase Il of the Bergen Place West subdivision was
platted in 2011, it was determined that the location of the detention pond access road (Tract A)
was undesirable and bisected a planned residential lot in Phase II; and
Minutes of Regular Meeting of 5/07/12
WHEREAS, Beazley Development Company, Inc. rebuilt the detention pond
access road in a new location (Tract B, also ±0.07 acres) and deeded it to the City at the time of
final plat approval of Bergen Place West, Phase II; and
WHEREAS, Beazley Development Company, Inc. has requested that the City
deed Tract A to it.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council for the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority of same,
that:
The City of North Augusta does hereby remise, convey and forever quitclaim
unto Beazley Development Company, Inc., the following described property:
ALL that piece, parcel or tract of land situate, lying and being in Aiken County,
South Carolina in Bergen Place West, Phase II being known and designated as
Tract "A" 0.07 acres as shown on that certain plat of survey prepared by
Southern Partners, Inc., for Beazley Development Co., Inc., dated December 20,
2011, revised January 17, 2012, and January 18, 2012, and recorded in Plat Book
56, page 442, in the Office of the RMC of Aiken County, South Carolina. Said
tract is indicated as being "Tract "A", 3178 S.F., 0.07 acres, to be abandoned by
the City of North Augusta".
Said tract is a portion of the property conveyed to the City of North Augusta, by
deed of Beazley Development Company, Inc., dated June 11, 2007, and recorded in the RMC
Office of Aiken County, South Carolina in Book 4166, pages 2279-2280.
Tax Parcel Number: Portion of 005-09-10-002
All ordinances or parts of ordinance in conflict herewith are, to the extent of such
conflict, hereby repealed.
This ordinance shall become effective immediately upon its adoption on third and
final reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
2012.
Minutes of Regular Meeting of 5/07/12
ITEM 3 FINANCE• Deed of a ±0.07 Acre Portion of Land to Beazley Development
Company, Inc. —Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember Carpenter, Council
unanimously passed an ordinance on second reading deeding a±0.07 acre portion
of land to Beazley Development, Inc.
Please see Item No. 2 above for the proposed ordinance text.
ITEM 4 COMMUNITY PROMOTION: Peace Officers' Memorial Day, May 15,
2012 —Proclamation
Mayor Jones proclaimed May 15, 2012, as Peace Officers' Memorial Day in the
City of North Augusta.
The proclamation text is as follows:
North
City of�1 forth Augusta, South
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South Carc)lina s 1 uerfront
PROCLAMATION
WHEREAS, The Congress and President of the United States have designated May 15
as Peace Officers'Memorial Day; and
WHEREAS, the members of the law enforcement agencies in the City of North Augusta
play an essential role in safeguarding the rights and freedoms of the citizens of North Augusta; and
WHEREAS, it is important that all citizens know and understand the duties,
responsibilities, hazards and sacrifices of their law enforcement officers, and that law enforcement
officers recognize their duty to serve the people of this community, by protecting them against violence
and disorder; and
WHEREAS, the law enforcement officers of the City of North Augusta unceasingly
provide a public service.
NOW THEREFORE, I, Lark W. Jones, Mayor of the City of North Augusta, South
Carolina, direct that all flags on City buildings be flown at half staff on May 15, 2012, in recognition of
Peace Off cers' Memorial Day and in memory of those law enforcement officers, who through their
courageous deeds, have made the ultimate sacrifice in service to their community or have become
disabled in the performance of duty, and to honor those law enforcement officers presently serving the
community.
Minutes of Regular Meeting of 5/07/12
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City
of North Augusta, South Carolina, to be affixed this day of May, 2012.
Lark W. Jones, Mayor
City of North Augusta
ITEM 5. CITY PROPERTY: Designation by the City of One or More Parcels of
Property to be known as "Designated Commercial Acreage for Tax
Increment Financing District—Ordinance, First Reading
On motion by Councilmember Shealy, second by Councilmember Adams,
Council unanimously passed an ordinance on first reading designating by the
City of one or more parcels of property to be known as "Designated Commercial
Acreage for Tax Increment Financing District" in accordance with Consent Order
and Settlement of Dismissal in Case Number 1997-CP-02-14, Aiken County
Court of Common Pleas.
This implements a provision of the 2000 Consent Order and Settlement of the tax
increment financing suit brought by the Aiken County School District. This
settlement provided that up to five acres of commercial property could be
designated for inclusion in the district at the discretion of the City.
The proposed ordinance text is as follows:
ORDINANCE NO. 2012-06
DESIGNATION BY THE CITY OF ONE OR MORE PARCELS OF PROPERTY TO BE KNOWN AS
"DESIGNATED COMMERCIAL ACREAGE FOR TAX INCREMENT FINANCING DISTRICT" IN
ACCORDANCE WITH CONSENT ORDER AND SETTLEMENT OF DISMISSAL IN CASE NUMBER 1997-
CP-02-14, AIKEN COUNTY COURT OF COMMON PLEAS.
WHEREAS, the City of North Augusta (hereinafter "the City") and the Consolidated School District of
Aiken County (hereinafter"the School District") where previously involved in litigation related to the creation of a
tax increment financing(TIF)district by the City; and,
WHEREAS, as part of the Consent Order of Settlement of said case known as Cause of Action Number
1997-CP-02-14, the City was authorized, to at anytime, during the existence of the TIF District established, to
designate one or more parcels or portions of parcels totaling not more than five (5.0) acres (the "Designated
Commercial Acreage")to be utilized for the City to receive the TIF funds in accordance with South Carolina Code
Ann. §31-6-10 et seg.,(the"Tax Increment Financing Law")from school taxes; and,
WHEREAS, the agreement further provided that any such ordinance designating all or a portion of the
Designated Commercial Acreage shall be effective upon its delivery by the City to the School District and to the
County Treasurer; and,
WHEREAS, the agreement further provided that the City shall become obligated to pay to the School
District the amount of $30,000.00, payable over time and solely from the amounts allocated to the special tax
Minutes of Regular Meeting of 5/07/12
allocated to the special tax allocation fund created from the TIF District as a result of the application of the School
District's millage rate to the incremental assessed value of the Designated Commercial Acreage; and,
WHEREAS, the City has now determined the acreage to be designated pursuant to said agreement and
desires to go forward with identifying said property and notifying the School District and County Treasurer of such
designation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING DULY ASSEMBLED AND BY THE
AUTHORITY THEREOF,THAT:
I. The City, the Mayor and City Council consent and agree to the designation of the following described
premises as the Designated Commercial Acreage for purposes related to the receipt of funds from the
County Treasurer as related to the School District taxes pursuant to the TIF Law. The premises
designated are as follows:
336 Georgia Avenue
Tax Map/Parcel No. 007-14-03-002
Entire parcel, 0.630005 acres
339 West Avenue
Tax Map/Parcel No. 007-10-34-001
Entire Parcel,0.200000 acres
West Buena Vista Avenue
Tax Map/Parcel No. 007-10-34-003
Entire Parcel,0.169995 acres
329 West Avenue
Tax Map/Parcel No. 007-14-03-001
Entire Parcel, 0.230005 acres
309 West Avenue
Tax Map/Parcel No. 007-14-03-014
Entire Parcel, 0.810009 acres
306 West Avenue
Tax Map/Parcel No. 007-14-02-015
Entire Parcel, 0.169995 acres
308 West Avenue
Tax Map/Parcel No. 007-14-02-006
Entire Parcel, 0.119995 acres
400/406 West Avenue
Tax Map/Parcel No. 007-14-27-007&007-14-27-005
Entire Parcels, 0.460422 acres
321 Georgia Avenue
Tax Map/Parcel No. 007-14-04-016
Entire Parcel, 0.350000 acres
511 West Avenue
Tax Map/Parcel No. 007-10-20-020
Entire Parcel, 0.300000 acres
Minutes of Regular Meeting of 5/07/12
512 West Avenue
Tax Map/Parcel No. 007-10-21-004
Entire Parcel, 0.230005 acres
516 West Avenue
Tax Map/Parcel No. 007-10-21-002
Entire Parcel, 0.230005 acres
420 West Avenue
Tax Map/Parcel No. 007-10-27-004
Entire Parcel,0.339991 acres
504 West Avenue
Tax Map/Parcel No. 007-10-21-008
Entire Parcel,0.230005 acres
302 Georgia Avenue
Tax Map/Parcel No. 007-14-03-008
Entire Parcel,0.210009 acres
307 Riverside Boulevard
Tax Map/Parcel No. 007-19-04-001
Partial Parcel, 0.191001 acres
228 West Avenue
Tax Map/Parcel No. 007-14-11-006
Partial Parcel, 0.033425
Total Acreage: 4.904867 Acres
II. Upon the adoption of this Ordinance on third reading, the City Clerk is to provide a certified copy of
same to the Consolidated School District of Aiken County and to the Aiken County Treasurer.
III. The Director of Finance is hereby authorized to make payment to the Consolidated School District of
Aiken County the sum of$30,000.00, pursuant to the settlement agreement with such funds to be paid
from the amounts allocated and received by the City as a result of the application of the School
District's millage rate to the incremental assessed value of the Designated Commercial Acreage in the
TIF District designated by this Ordinance.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF MAY,2012.
ITEM 6. CITY PROPERTY: Designation by the City of One or More Parcels of
Property to be known as "Designated Commercial Acreage for Tax
Increment Financing District—Ordinance, Second Reading
On motion by Mayor Jones, second by Councilmember McDowell, Council
unanimously passed an ordinance on second reading designating by the City of
one or more parcels of property to be known as "Designated Commercial
Acreage for Tax Increment Financing District" in accordance with Consent Order
and Settlement of Dismissal in Case Number 1997-CP-02-14, Aiken County
Court of Common Pleas.
Minutes of Regular Meeting of 5/07/12
This implements a provision of the 2000 Consent Order and Settlement of the tax
increment financing suit brought by the Aiken County School District. This
settlement provided that up to five acres of commercial property could be
designated for inclusion in the district at the discretion of the City.
Please see Item No. 5 above for the proposed ordinance text.
ITEM 7. STREETS AND DRAINS: 907 Square Feet of Open Space and 1,001
Square Feet of Cooper Mill Road Right of Way Owned by Beazley
Development Company, Inc. — Deed of Dedication to Correct Surveying
Errors in the Platting of Bergen Place West Subdivision, Resolution
On motion by Councilmember Whinghter, second by Councilmember Adams,
Council unanimously passed a resolution accepting a deed of dedication for 907
square feet of land and 1,001 square feet of Cooper Mill Road right of way
owned by Beazley Development company, Inc. to correct surveying errors in the
platting of Bergen Place West Subdivision.
The resolution text is as follows:
RESOLUTION NO. 2012-09
ACCEPTING A DEED OF DEDICATION FOR 907 SQUARE FEET OF OPEN SPACE AND
1,001 SQUARE FEET OF COOPER MILL ROAD RIGHT OF WAY OWNED BY BEAZLEY
DEVELOPMENT COMPANY INC. TO CORRECT SURVEYING ERRORS IN THE
PLATTING OF BERGEN PLACE WEST SUBDIVISION
WHEREAS, Beazley Development Company, Inc. developed Phases I and II-A
of Bergen Place West Subdivision according to the requirements of the North Augusta Planning
Commission and the City; and
WHEREAS, subsequent to the platting of Bergen Place West, Phase II-A, it was
determined that a surveying error omitted two small parcels of land from the deed of dedication
for Phase II-A; and
WHEREAS, Beazley Development Company, Inc. desires to correct these errors
by way of a separate deed of dedication to the City.
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof,
do hereby accept a deed of dedication for:
ALL that piece, parcel or tract of land identified as TP PO 005-09-07-001, 0.02
acres, 907 S.F. on that certain plat of survey prepared by Southern Partners, Inc.,
for Beazley Development Co., Inc., dated March 13, 2012, and recorded in Plat
Book 56, Page 474, in the Office of the RMC of Aiken County, South Carolina.
Minutes of Regular Meeting of 5/07/12
Said tract is located North of Lot 16, Block D, Bergen Place West Subdivision,
Section 2, said plat, and west of Lot 17, Block D, Bergen Place West
Subdivision, Section 2. Reference being made to said plat for a more complete
and accurate description of the metes, bounds and location of said parcel.
Also, ALL that piece, parcel or tract of land identified as TP PO 005-09-07-001,
0.02 acres, 1,001 S.F. on that certain plat of survey prepared by Southern
Partners, Inc., for Beazley Development Co., Inc. dated March 13, 2012, and
recorded in Plat Book 56, Page 473, in the Office of the RMC of Aiken County,
South Carolina. Said tract is located within the right of way known as Cooper
Mill Road on the southwest side of Lot 2, Block H, Bergen Place West
Subdivision, Section 2, said plat, and northwest of Lot 3, Block C, Bergen Place
Subdivision Section 2, northeast of Lot 4, Block C, Bergen Place West
Subdivision and southeast of Lot 16, Bergen Place West Subdivision, all as
shown on said plat. Reference being made to said plat for a more complete and
accurate description of the metes, bounds and location of said parcel.
This being a portion of the property conveyed to Beazley Development Co, Inc.
by Deed of Metro Homesites, LLC, dated May 23, 2005, and recorded in the
Office of the RMC of Aiken County, South Carolina in Book 4012, Page 1662.
Tax Parcel Number: 005-09-07-001 (portion)
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
, 2012.
ITEM 8 ZONING• North Augusta Development Code, Proposed Text
Amendments (Application RZT 12-001)—Ordinance, First Readinji
On motion by Mayor Jones, second by Councilmember Whinghter, Council
unanimously passed an ordinance on first reading amending Article 9, Floodplain
Management, and portions of Article 3, Zoning Districts and Appendix A,
Definitions, related to Floodplain Management, of the North Augusta
Development Code, Chapter 18 of the City of North Augusta, South Carolina
Code of Ordinances.
The ordinance text is as follows:
Minutes of Regular Meeting of 5/07/12
ORDINANCE NO. 2012-07
AMENDING ARTICLE 9 FLOODPLAIN MANAGEMENT AND PORTIONS OF ARTICLE
3 ZONING DISTRICTS AND APPENDIX A DEFINITIONS RELATED TO FLOODPLAIN
MANAGEMENT OF THE NORTH AUGUSTA DEVELOPMENT CODE CHAPTER 18 OF
THE CITY OF NORTH AUGUSTA SOUTH CAROLINA CODE OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code which is consistent with the City's
2005 Comprehensive Plan and which incorporates all City zoning and land development
regulations; and
WHEREAS, pursuant to Title 6, Chapter 29 of the South Carolina Code, the
North Augusta Planning Commission may recommend amendments to the Development Code
for the purposes of technical clarification, error correction and to accommodate the needs of the
City's citizens, provided such amendments are consistent with the City's 2005 Comprehensive
Plan; and
WHEREAS, the Federal Emergency Management Agency has prepared an
updated Flood Insurance Rate Map (FIRM), including Base Flood Elevations, which is effective
June 19, 2012 and identifies existing flood hazards in the City of North Augusta; and
WHEREAS, the Federal Emergency Management Agency, through the South
Carolina Department of Natural Resources, requires that the North Augusta Development Code
be amended to adopt the June 19, 2012 FIRM and also to update the City's floodplain
management regulations to comply with recent changes to the South Carolina Model Flood
Damage Prevention Ordinance; and
WHEREAS, the North Augusta Planning Commission, following an April 19,
2012 public hearing, reviewed, considered and approved amendments to Article 9, Floodplain
Management, and portions of Article 3, Zoning Districts, and Appendix A, Definitions, of the
North Augusta Development Code related to floodplain management as required by the Federal
Emergency Management Agency and recommended said amendments to the City Council for
approval.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The North Augusta Development Code, Chapter 18 of The City of North
Augusta, South Carolina Code of Ordinances, Providing for New Zoning and
Land Development Regulations for the City of North Augusta, South Carolina, is
hereby amended and shall read as described in each of the following sections.
The section of the Code affected by each proposed amendment is identified by
the section number.
Minutes of Regular Meeting of 5/07/12
A. Section 3.2.2.1 is amended to read:
3.2.2.1 Adoption of Flood Insurance Rate Maps — The following
Community Panels, dated June 19, 2012, including accompanying maps,
approved Floodway Data Tables and their depictions of the Savannah River
Floodway on approved Letters of Map Revisions (LOMRs), other supporting
data and any revisions thereto, are hereby adopted by reference for use in the
implementation of this Chapter and shall be considered a part of the Official
Zoning Map. The adoption of the Flood Insurance Study (FIS), dated December
19, 2011, is in accordance with Section 60.3(d), Title 44 of the Code of Federal
Regulations. All approved LOMRs cited in the FIS shall be considered part of the
Official Zoning Map:
Community Panel Number 45003CO292E, Community Panel Number
45003CO294E, Community Panel Number 45003C0305E, Community Panel
Number 45003C031OE, Community Panel Number 45003C031IE, Community
Panel Number 45003C0312E, Community Panel Number 45003C0313E,
Community Panel Number 45003C0314E, Community Panel Number
45003C0316E, Community Panel Number 45003C0317E, Community Panel
Number 45003C0318E, Community Panel Number 45003C0319E, Community
Panel Number 45003C0476E, Community Panel Number 45003C0481E,
Community Panel Number 45003C0481E, Community Panel Number
45003C0483E. (Rev. 2-1-10; Ord. 2010-01)
B. Article 9, Floodplain Management, is amended to read as follows:
FLOODPLAIN MANAGEMENT
(Rev. 2-1-10; Ord. 2010-01)
TABLE OF CONTENTS Page
9.1 Purpose Statement and Objectives....................................................9-2
9.2 General Provisions...............................................................................9-2
9.2.1 Statutory Authorization................................................................9-2
9.2.2 Finding of Fact............................................................................. 9-2
9.2.3 Applicability .................................................................................9-3
9.2.4 Development Permit Required......................................................9-3
9.2.5 Compliance...................................................................................9-3
9.2.6 Interpretation.................................................................................9-3
9.2.7 Partial Invalidity and Severability ................................................9-3
9.2.8 Warning and Disclaimer of Liability............................................9-3
9.3 Administration ....................................................................................9-4
9.3.1 Designation of Local Floodplain Administrator...........................9-4
9.3.2 Development Permit and Certification Requirements..................9-4
9.3.3 Duties and Responsibilities of the
Local Floodplain Administrator....................................................9-5
9.3.4 Administrative Procedures............................................................9-8
9.4 Provisions for Flood Hazard Reduction ........................................9-10
Minutes of Regular Meeting of 5/07/12
9.4.1 General Standards.......................................................................9-10
9.4.2 Specific Standards.......................................................................9-I1
9.4.3 Standards for Streams without Established Base Flood
Elevations and Floodways .........................................................9-15
9.4.4 Standards for Streams with Established Base Flood Elevations
But Without Floodways.............................................................9-16
9.4.5 Standards for Subdivision Proposals and Other Proposed
Development..............................................................................9-16
9.4.6 Standards for Areas of Shallow Flooding (AO Zones)..............9-17
9.5 Map Maintenance Activities ...........................................................9-17
9.5.1 Purpose.......................................................................................9-17
9.5.2 Requirement to Submit New Technical Data............................9-17
9.5.3 Right to Submit New Technical Data........................................9-18
9.6 Variance Provisions.........................................................................9-18
9.6.1 Establishment of Appeal Board................................................. 9-18
9.6.2 Right to Appeal..........................................................................9-18
9.6.3 Historic Structures .....................................................................9-18
9.6.4 Functionally Dependent Uses ....................................................9-19
9.6.5 Agricultural Structures...............................................................9-19
9.6.6 Considerations............................................................................9-20
9.6.7 Findings......................................................................................9-20
9.6.8 Floodways..................................................................................9-21
9.6.9 Conditions..................................................................................9-21
9.7 Legal Status......................................................................................9-21
9.7.1 Effect on Rights and Liabilities under the Existing Flood Damage
Prevention Ordinance.................................................................9-21
9.7.2 Effect upon Outstanding Building Permits ................................9-22
9.7.3 Effective Date.............................................................................9-22
9.1 PURPOSE STATEMENT AND OBJECTIVES
It is the purpose of this Article 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, this
Article prevents or regulates the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to other
lands.
Minutes of Regular Meeting of 5/07/12
The objectives of this Article 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 this Article are intended to minimize damage to public facilities and
utilities including water and gas mains, electric lines, telephone lines, sewer lines,
streets and bridges located in the floodplain, and prolonged business
interruptions. Also, an important floodplain management objective of this Article
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 including 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.
9.2 GENERAL PROVISIONS
9.2.1 Statutory Authorization
SC Code, Title 5, Articles 7, 23, and
25 (Articles 5 and 7) and Title 6, Article 7, 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.
(Note: Definitions of words and terms related to floodplain management and
used in this Article are contained in Appendix A to this Chapter and in Section
59.1, Title 44 of the Code of Federal Regulations.)
9.2.2 Finding of Fact
The special flood hazard areas of North Augusta are subject to periodic
inundation which results in loss of life and property, creates health and safety
hazards, disrupts commerce and governmental services, creates extraordinary
public expenditure requirements for flood protection and relief, and impairs the
tax base, all of which adversely affect the public health, safety and general
welfare. Furthermore, flood losses are caused by the cumulative effect of
obstructions in floodplains causing increases in flood heights and velocities.
Flood losses are also caused by 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.
9.2.3 Applicability
Minutes of Regular Meeting of 5/07/12
This Article shall apply to all areas of special flood hazard within the jurisdiction
of North Augusta, South Carolina as identified by the Federal Emergency
Management Agency (FEMA) in its Flood Insurance Study for Aiken County,
dated June 19, 2012 and for Edgefield County dated March 3, 2011 with
accompanying maps and other supporting data that are hereby adopted by
reference, declared to be a part of this Chapter and adopted in §3.2.2.
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 Aiken County and Edgefield County, with accompanying
map and other data, are adopted by reference and declared part of this ordinance.
9.2.4 Development Permit Required
A development permit is
required in conformance with this Chapter prior to the commencement of any
development activities on flood hazard land.
9.2.5 Compliance
No structure or land shall hereafter be located,
extended, converted or structurally altered without full compliance with the terms
of this Article and other applicable regulations.
9.2.6 Interpretation
In the interpretation and application of this
Article 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. This Article is not intended to repeal,
abrogate or impair any existing easements, covenants or deed restrictions.
However, where this Article and another conflict or overlap, whichever imposes
the more stringent restrictions shall prevail.
9.2.7 Partial Invalidity and Severability
If any part of this Article is
declared invalid, the remainder of this Article shall not be affected and shall
remain in force.
9.2.8 Warning and Disclaimer of Liability
The degree of flood
protection required by this Article is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be increased by man-
made or natural causes. This Article does not imply that land outside the areas of
special flood hazard or uses permitted within such areas will be free from
flooding or flood damages. This Article shall not create liability on the part of
North Augusta or by any officer or employee thereof for any flood damages that
result from reliance on this Article or any administrative decision lawfully made
hereunder.
Minutes of Regular Meeting of 5/07/12
9.3 ADMINISTRATION
9.3.1 Designation of Local Floodplain Administrator
The Superintendent of Building Standards and/or designee is hereby appointed to
be the Local Floodplain Administrator and to administer and implement the
provisions of this Article.
9.3.2 Development Permit and Certification Requirements
Application for a development permit shall be made to the Local Floodplain
Administrator and the Department of Planning and Economic Development on
forms furnished by him or her prior to any development activities. The
development permit 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. Specifically, in addition to the information
required pursuant to Appendix B, Application Documents, and other provisions
of this Chapter, the following information is required:
9.3.2.1 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
Local Floodplain Administrator of §9.3.3 or the Standards for Subdivision
Proposals of §9.4.5 and the Standards for Streams without Established Base
Flood Elevations and Floodways of§9.4.3. The plot plan must be prepared by or
under the direct supervision of a registered land surveyor or professional engineer
and certified by same.
9.3.2.2 The plot plan required by §9.3.2.1 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
Local Floodplain Administrator of §9.3.3 or the Standards for Subdivision
Proposals of §9.4.5 and the Standards for Streams without Established Base
Flood Elevations and Floodways of§9.4.3.
9.3.2.3 Where base flood elevation data is provided as set forth in §9.2.3
or the Duties and Responsibilities of the Local Floodplain Administrator of
§9.3.3, the application for a development permit within the flood hazard area
shall show:
a. The elevation, in relation to mean sea level, of the lowest floor of all new and
substantially improved structures; and
Minutes of Regular Meeting of 5/07/12
b. If the structure will be floodproofed in accordance with §9.4.2.2, the
elevation, in relation to mean sea level, to which the structure will be
floodproofed.
9.3.2.4 Where base flood elevation data is not provided as set forth in
§9.3.3.16 or the Duties and Responsibilities of the Local Floodplain
Administrator of§9.3.3, then the provisions in the Standards for Streams without
Established Base Flood Elevations and Floodways of§9.4.3 must be met.
9.3.2.5 Where any watercourse will be altered or relocated as a result of
proposed development, the application for a development permit shall include:
a. A description of the extent of watercourse alteration or relocation;
b. An engineering study to demonstrate that the flood-carrying capacity of the
altered or relocated watercourse is maintained; and
c. A map showing the location of the proposed watercourse alteration or
relocation.
9.3.2.6 When a structure is floodproofed, the applicant shall provide
certification from a registered, professional engineer or architect that the non-
residential, floodproofed structure meets the floodproofing criteria in §§9.4.2.2
and 9.4.6.
9.3.2.7 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 commences, or
floodproofing by whatever construction means, whichever is applicable, it shall
be the duty of the permit holder to submit to the Local 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 same. Any work done prior to
submission of the certification shall be at the permit holder's risk. The Local
Floodplain Administrator shall review the floor elevation survey data submitted.
Deficiencies detected by such review shall be corrected by the permit holder
immediately and prior to further progressive work being permitted to proceed.
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.
9.3.2.8 When a structure is located in Zones V, VE or V1-30, certification
shall be provided by a registered professional engineer or architect, separate from
submitted plans, that new construction or substantial improvement meets the
criteria in §9.4.2.9.
9.3.2.9 Upon completion of the development, a registered professional
engineer, land surveyor or architect, whichever professional is appropriate in
accordance with South Carolina law, shall certify that the requirements of
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§§9.3.2.6, 9.3.3.7 and 9.3.2.8 are built in accordance with the submitted plans
and previous predevelopment certifications.
9.3.2.10 If the proposed project will impact 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 (CLOMR) with
FEMA prior to the start of actual construction.
9.3.2.11 Within sixty (60) days of completion of an alteration of a
watercourse, referenced in §9.3.2.10, the applicant shall submit as-built
certification, executed by a registered professional engineer, to FEMA.
9.3.3 Duties and Responsibilities of the Local Floodplain
Administrator
Duties of the Local Floodplain Administrator shall include,but not be limited to:
9.3.3.1 Review all development permits to assure that the requirements of
this Article have been satisfied.
9.3.3.2 Review proposed development to assure that all necessary permits
have been received from those government 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.0 1334.
9.3.3.3 Notify adjacent communities and the South Carolina Department
of Natural Resources (SCDNR), 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.
9.3.3.4 In addition to the notifications required in §9.3.3.3, 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 official
responsible for maintenance performance. Records shall be kept on file and made
available in the event of a FEMA inspection.
9.3.3.5 Prevent encroachments within floodways unless the certification
and flood hazard reduction provisions of§9.4.2.9 are met.
9.3.3.6 Require development proposals for proposed developments prior
to signing off on CLOMRs or LOMRs.
Minutes of Regular Meeting of 5/07/12
9.3.3.7 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.
9.3.3.8 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.
9.3.3.9 Obtain and review actual elevation, in relation to mean sea level,
of the lowest floor of all new or substantially improved structures in accordance
with §§9.3.2.7 or 9.3.2.2.
9.3.3.10 Obtain the actual elevation, in relation to mean sea level, to which
the new or substantially improved structures have been floodproofed, in
accordance with §9.3.2.7.
9.3.3.11 When floodproofing is utilized for a particular structure, obtain
certifications from a registered professional engineer or architect in accordance
with §9.4.2.2.
9.3.3.12 A registered professional engineer or architect shall certify that the
design, specifications and plans for construction are in compliance with the
provisions contained in §§9.3.2.4, 9.3.2.6 and 9.3.2.8.
9.3.3.13 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 Article.
9.3.3.14 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 a part of the
map maintenance activity requirements outlined in §9.5.
9.3.3.15 When base flood elevation data or floodway data have not been
provided in accordance with §9.2.3, 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 §9.4.3.3, in order to administer this Article.
Data from preliminary, draft and final Flood Insurance Studies constitute best
available data from a federal, state or other source. Data must be developed
using hydraulic models meeting the minimum requirement of a National Flood
Minutes of Regular Meeting of 5/07/12
Insurance Program (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.
9.3.3.16 When the exact location of boundaries of the area's special flood
hazards conflict with the current, natural topography information at the site, the
property owner may apply and be approved for a Letter of Map Amendment by
FEMA. A copy of the Letter of Map Amendment issued from FEMA will be
maintained by the Local Floodplain Administrator in the permit file.
9.3.3.17 Make on-site inspections of projects in accordance with §9.3.4.
9.3.3.18 Serve notices of violations, issue stop-work orders, revoke permits
and take corrective actions in accordance with §9.3.4.
9.3.3.19 Maintain all records pertaining to the administration of this Article
and make these records available for public inspection.
9.3.3.20 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. The Local Floodplain Administrator, in
conjunction with the Department of Planning and Economic Development, shall
process the necessary amendments to this Article to incorporate applicable maps
from surrounding jurisdictions within ninety (90) days of annexation.
9.3.3.21 The President-issued Executive Order 11988, Floodplain
Management 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-step review
process. Evidence of compliance with the executive order must be submitted as
part of the permit review process.
9.3.3.22 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 fifty percent (50%) of the
market value of the structure before the damage occurred.
9.3.3.23 Perform an assessment of permit applications for improvements or
repairs to be made to a building or structure that equals or exceeds fifty percent
(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 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
Minutes of Regular Meeting of 5/07/12
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 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;
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 improvements and depreciation for
functionality and obsolescence; or
c. Real estate purchase contract within six (6) months prior to the date of the
application for a permit.
9.3.4 Administrative Procedures
9.3.4.1 Inspections of Work in Progress — As the work pursuant to a
permit progresses, the Local Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of the local ordinance and the terms of the permit. In
exercising this power, the Local Floodplain Administrator and each member of
his inspections department shall have a right, upon presentation of proper
credentials, to enter on any premises within the territorial jurisdiction at any
reasonable hour for the purposes of inspection or other enforcement action.
9.3.4.2 Stop-Work Orders — Whenever a building or part thereof is
being constructed, reconstructed, altered or repaired in violation of this Article,
the Local Floodplain Administrator may order the work to be immediately
stopped. The stop-work order shall be in writing and directed to the person doing
the work. The stop-work order shall state the specific work to be stopped, the
specific reasons for the stoppage, and the conditions under which the work may
be resumed. Violation of a stop-work order constitutes a misdemeanor.
9.3.4.3 Revocation of Permits — The Local Floodplain Administrator
may revoke and require the return of the development permit by notifying the
permit holder in writing, stating the reason for the revocation. Permits shall be
revoked for any substantial departure from the approved application, plans or
specifications; for refusal or failure to comply with the requirements of state or
local laws; or for false statements or misrepresentations made in securing the
permit. Any permit mistakenly issued in violation of an applicable state or local
law may also be revoked.
9.3.4.4 Violations to be Corrected — When the Local Floodplain
Administrator finds violations of applicable state and local laws, it shall be his
duty to notify the owner or occupant of the building of the violation. The owner
Minutes of Regular Meeting of 5/07/12
or occupant shall immediately remedy each of the violations of law on the
property he owns.
9.3.4.5 Actions in Event of Failure to Take Corrective Action — If the
owner of a building or property shall fail to take prompt corrective action, the
Local Floodplain Administrator shall give him written notice, by certified or
registered mail to his last known address or by personal service, that:
a. The building or property is in violation of this Article;
b. A hearing will be held before the Local Floodplain Administrator at a
designated place and time, not later than ten (10) days after the date of the
notice, at which time the owner shall be entitled to be heard in person or by
counsel and to present arguments and evidence pertaining to the matter; and,
c. Following the hearing, the Local Floodplain Administrator may issue such
order to alter, vacate or demolish the building, or to remove fill as appears
appropriate.
9.3.4.6 Order to Take Corrective Action — If, upon a hearing held
pursuant to §9.3.4.5, the Local Floodplain Administrator shall find that the
building or development is in violation of this Article, he shall make an order in
writing to the owner, requiring the owner to remedy the violation within such
period, not less than sixty (60) days, the Local Floodplain Administrator may
prescribe; provided that where the Local Floodplain Administrator finds that
there is imminent danger to life or other property, he may order that corrective
action be taken in such lesser period as may be feasible.
9.3.4.7 Appeal— Any owner who has received an order to take corrective
action may appeal from the order to the Board of Zoning Appeals as established
by Article 18, Administration, by giving notice of appeal in writing to the Local
Floodplain Administrator within ten (10) days following issuance of the final
order. In the absence of an appeal, the order of the Local Floodplain
Administrator shall be final. The Board of Zoning Appeals shall hear an appeal
within a reasonable time and may affirm, modify and affirm, or revoke the order.
9.3.4.8 Failure to Comply with Order — If the owner of a building or
property fails to comply with an order to take corrective action from which no
appeal has been taken, or fails to comply with an order of the Board of Zoning
Appeals following an appeal, he shall be guilty of a misdemeanor and shall be
punished in the discretion of the court.
9.3.4.9 If a structure is declared in violation of this Article and the
violation is not remedied, then the Local Floodplain Administrator shall notify
the Federal Emergency Management Agency (FEMA) to initiate a Section 1316
of the National Flood Insurance Act of 1968 action against the structure upon the
finding that the violator refuses to bring the violation into compliance with the
ordinance. Once a violation has been remedied, the Local Floodplain
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Administrator shall notify FEMA of the remedy and ask that the Section 1316 be
rescinded.
9.3.4.10 The following documents are incorporated by reference and may
be used by the Local Floodplain Administrator to provide further guidance and
interpretation of this ordinance as found on FEMA's website at www.fema.gov:
FEMA 55 Coastal Construction Manual; all FEMA Technical Bulletins; all
FEMA Floodplain Management Bulletins; FEMA 348 Protecting Building
Utilities from Flood Damage; and FEMA 499 Home Builder's Guide to Coastal
Construction Technical Fact Sheets.
9.4 PROVISIONS FOR FLOOD HAZARD REDUCTION
9.4.1 General Standards
Development may not occur in the Special Flood Hazard Area (SFHA) where
alternative locations exist due to the inherent hazards and risks involved. Before a
permit is issued, the applicant shall demonstrate that new structures cannot be
located out of the SFHA and that encroachments onto the SFHA are minimized.
In all areas of special flood hazard the following provisions are required:
9.4.1.1 All new construction and substantial improvements shall be
anchored to prevent flotation, collapse or lateral movement of the structure;
9.4.1.2 All new construction and substantial improvements shall be
constructed with flood resistant materials and utility equipment resistant to flood
damage in accordance with Technical Bulletin 2, Flood Damage-Resistant
Materials Requirements, dated 8/08 and available from FEMA;
9.4.1.3 All new construction and substantial improvements shall be
constructed by methods and practices that minimize flood damages;
9.4.1.4 Critical development shall be elevated to the 500 year flood
elevation or be elevated to the highest known historical flood elevation (where
records are available), whichever is greater. If no data exists establishing the 500
year flood elevation or the highest known historical flood elevation, the applicant
shall provide a hydrologic and hydraulic engineering analysis that generates 500
year flood elevation data;
9.4.1.5 Electrical, ventilation, plumbing, heating and air conditioning
equipment, including ductwork, and other service facilities shall be designed
and/or located at one (1) foot or above the base flood elevation so as to prevent
water from entering or accumulating within the components during conditions of
flooding. This requirement does not preclude the installation of outdoor faucets
for shower heads, sinks, hoses, etc., provided that cut off devices and back flow
Minutes of Regular Meeting of 5/07/12
devices are installed to prevent contamination to the service components and
thereby minimize any flood damages to the building;
9.4.1.6 All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of flood waters into the system;
9.4.1.7 New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters;
9.4.1.8 On-site waste disposal systems shall be located and constructed to
avoid impairment to them or contamination from them during flooding;
9.4.1.9 All gas or liquid storage tanks, either located above ground or
buried, shall be anchored to prevent floatation or lateral movement resulting from
hydronamic and hydrostatic loads.
9.4.1.10 Any alteration, repair, reconstruction, or improvement to a
structure which is in compliance with this Article, shall meet the requirements of
new construction as contained in this Article. This includes post-FIRM
development and structures.
9.4.1.11 Notwithstanding the provisions of Article 19, Nonconforming
Uses, of the North Augusta Development Code, nonconforming buildings may
not be enlarged, replaced or rebuilt unless such enlargement or reconstruction is
accomplished in conformance with this Article. Provided, however, nothing in
this Article shall prevent the repair, reconstruction or replacement of an existing
building or structure located totally or partially within the floodway, provided
that the bulk of the building or structure below base flood elevation in the
floodway is not increased and provided that such repair, reconstruction or
replacement meets all of the other requirements of this Article.
9.4.1.12 Nonconforming uses may not be enlarged, changed to another
nonconforming use, or resumed if abandoned for a continuous period of six (6)
months.
9.4.1.13 A building must meet the specific standards for floodplain
construction outlined in §9.4.2, as well as any applicable requirements of the
American with Disabilities Act (ADA). The ADA is not justification for issuing a
variance or otherwise waiving these requirements. The cost of improvements
required to meet ADA provisions shall be included in the costs of the
improvements for calculating substantial improvement.
9.4.2 Specific Standards
Minutes of Regular Meeting of 5/07/12
In all areas of special flood hazard (Zones A, AE, AH, AO, Al-30, V, and VE)
where base flood elevation data has been provided, as set forth in §§9.2.3 or
9.3.3.13 or outlined in §9.3.4, the following provisions are required:
9.4.2.1 Residential Construction — New construction and substantial
improvement of any residential structure, including manufactured homes, shall
have the lowest floor elevated no lower than one (1) foot above the base flood
elevation. No basements are permitted. Should solid foundation perimeter walls
be used to elevate a structure, openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in accordance with §9.4.2.5.
9.4.2.2 Non-Residential Construction — New construction and
substantial improvement of any commercial, industrial or non-residential
structure, including manufactured homes, shall have the lowest floor elevated no
lower than one (1) foot above the level of the base flood elevation. Should solid
foundation perimeter walls be used to elevate a structure, openings sufficient to
facilitate the unimpeded movements of flood waters shall be provided in
accordance with §9.4.2.5. No basements are permitted. Structures located in "A"
Zones may be floodproofed in lieu of elevation provided that all areas of the
structure below the required elevation are watertight with walls substantially
impermeable to the passage of water, using structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered, professional engineer or architect shall certify that the
standards of this subsection are satisfied. Such certifications shall be provided to
the Local Floodplain_Administrator as set forth in the floodproofing certification
requirements in §9.3.2.6. A variance may be considered for wet-floodproofing
agricultural structures in accordance with the criteria outlined in §9.6.5 of this
Article. Agricultural structures not meeting the criteria of §9.6.5 must meet the
non-residential construction standards and all other applicable provisions of this
Article. Structures which are floodproofed are required to have an approved
maintenance plan with an annual exercise. The maintenance plan must be
approved by the Local Floodplain Administrator and notification of the annual
exercise shall be provided to same.
9.4.2.3 Manufactured Homes—
a. Manufactured homes that are placed or substantially improved on sites outside
a manufactured home park or subdivision, in a new manufactured home park
or sub-division, in an expansion to an existing manufactured home park or
subdivision, or in an existing manufactured home park or subdivision on
which a manufactured home has incurred substantial damage as the result of a
flood, must be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated no lower than one (1) foot above the
base flood elevation and must be securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral movement.
b. Manufactured homes that are to be placed or substantially improved on sites
in an existing manufactured home park or subdivision that is not subject to
Minutes of Regular Meeting of 5/07/12
the provisions of §9.4.2.3.a, must be elevated so that the lowest floor of the
manufactured home is elevated to no lower than one (1) foot above the base
flood elevation, and must be securely anchored to an adequately anchored
foundation to resist flotation, collapse and lateral movement.
c. Manufactured homes shall be anchored to prevent flotation, collapse or lateral
movement. For the purpose of this requirement, manufactured homes must be
anchored to resist flotation, collapse or lateral movement in accordance with
§40-29-10 of the South Carolina Manufactured Housing Board Regulations,
as amended. Additionally, when the elevation requirement would be met by
an elevation of the chassis thirty-six (36) inches or less above the grade at the
site, the chassis shall be supported by reinforced piers or other foundation
elements of at least equivalent strength. When the elevation of the chassis is
above thirty-six (36) inches in height, an engineering certification is required.
d. An evacuation plan must be developed for evacuation of all residents of all
new, substantially improved or substantially damaged manufactured home
parks or subdivisions located within flood-prone areas. This plan shall be
filed with and approved by the Local Floodplain Administrator and the
Department of Public Safety Emergency Preparedness Coordinator.
9.4.2.4 Recreational Vehicles — A recreational vehicle is ready for
highway use if it is on wheels or a jacking system, is attached to the site only by
quick-disconnect type utilities and security devices, and has no permanently
attached additions. Recreational vehicles placed on sites shall either be located in
a flood hazard zone site for fewer than one hundred eighty (180) consecutive
days or be fully licensed and ready for highway use, or meet the development
permit and certification requirements of§9.3.3 and manufactured home standards
of§§9.4.2.3 and 9.4.2.5.
9.4.2.5 Elevated Buildings — New construction and substantial
improvements of elevated buildings that include fully enclosed areas below the
lowest floor that are usable solely for the parking of vehicles, building access or
limited storage in an area other than a basement, and which are subject to
flooding, shall be designed to preclude finished space and be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwaters.
a. Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet or exceed all of the following
minimum criteria:
1. Provide a minimum of two (2) openings on different walls having a total
net area of not less than one (1) square inch for every one (1) square foot
of enclosed area subject to flooding. If there are multiple enclosed areas,
each area must have openings in its exterior walls;
2. The bottom of all openings shall be no higher than one (1) foot above the
higher of the interior or exterior grade immediately under the opening;
3. Only the portions of openings that are below the base flood elevation
(BFE) can be counted towards the required net open area;
Minutes of Regular Meeting of 5/07/12
4. Openings may be equipped with screens, louvers, valves or other
coverings or devices provided they permit the automatic flow of
floodwaters in both directions; and,
5. Fill placed around foundation walls must be graded so that the grade
inside the enclosed area is equal to or higher than the adjacent grade
outside the building on at least one (1) side of the building.
b. Hydrodynamic pressure must be considered in the design of any foundation
system where velocity waters or the potential for debris flow exists. If flood
velocities are excessive (greater than five (5) feet per second), foundation
systems other than solid foundation walls should be considered so that
obstructions to damaging flood flows are minimized.
c. For enclosures below the lowest floor, access to the enclosed area shall be the
minimum necessary to allow for parking of vehicles (garage door) or limited
storage of maintenance equipment used in connection with the premises
(standard exterior door) or entry to the living area (stairway or elevator).
d. The interior portion of enclosures below the lowest floor shall not be finished
or partitioned into separate rooms except to enclose a single storage area,
must be void of utilities except for essential lighting as required for safety,
and cannot be temperature controlled. One (1) wet location switch and/or
outlet connected to a ground fault interrupt breaker may be installed below
the required lowest floor elevation specified in §§9.4.2.1, 9.4.2.2 and 9.4.2.3.
e. All construction materials below the required lowest floor elevation specified
in §§9.4.2.1, 9.4.2.2 and 9.4.2.3 shall be of flood resistant materials.
9.4.2.6 Accessory Structures—A detached accessory structure or garage,
the cost of which is greater than $3,000, must comply with the requirements as
outlined in FEMA's Technical Bulletin 7-93 Wet Floodproofing Requirements or
be elevated in accordance with §§9.4.2.1 and 9.4.2.5 or dryproofed in accordance
with §9.4.2.2. If accessory structures of $3,000 or less are to be placed in the
floodplain, the following criteria shall be met:
a. Accessory structures shall not be used for any uses other than the parking of
vehicles and storage;
b. Accessory structures shall be designed to have low flood damage potential;
c. Accessory structures shall be constructed and placed on the building site so as
to offer the minimum resistance to the flow of floodwaters;
d. Accessory structures shall be firmly anchored to prevent flotation, collapse
and lateral movement of the structure;
e. Service facilities such as electrical and heating equipment shall be installed in
accordance with §9.4.1.5; and
f. Openings to relieve hydrostatic pressure during a flood shall be provided
below base flood elevation in conformance with §9.4.2.5.
g. Accessory structures shall be built with flood resistant materials in
accordance with Technical Bulletin 2, Flood Damage-Resistant Materials
Requirements, dated 8/08 and available from the Federal Emergency
Management Agency. Class 4 and 5 materials referenced therein are
acceptable flood resistant materials.
Minutes of Regular Meeting of 5/07/12
9.4.2.7 Swimming Pool Utility Equipment Rooms — If the building
cannot be built at or above the BFE because of functionality of the equipment,
then a structure to house the utilities for a swimming pool may be built below the
BFE with the following provisions:
a. The building must meet the requirements for accessory structures in §9.4.2.6;
and
b. The utilities must be anchored to prevent flotation and shall be designed to
prevent water from entering or accumulating within the components during
conditions of the base flood.
9.4.2.8 Elevators — The following requirements are applicable to the
construction of elevators subject to this Article:
a. A float switch system or another system that provides the same level of safety
is required when there is a potential for the elevator cab to descend below the
BFE during a flood per FEMA's Technical Bulletin 4-93: Elevator
Installation for Buildings Located in Special Flood Hazard Areas.
b. All equipment that may have to be installed below the BFE such as counter
weight roller guides, compensation cable and pulleys, oil buffers for traction
elevators and the jack assembly for a hydraulic elevator must be constructed
using flood-resistant materials where possible per FEMA's Technical
Bulletin 4-93: Elevator Installation for Buildings Located in Special Flood
Hazard Areas.
9.4.2.9 Floodways — Areas designated as floodways are located within
areas of special flood hazard established in §9.2.3. The floodway is an extremely
hazardous area due to the velocity of floodwaters which carry debris and
potential projectiles and erosion potential.
The following provisions shall apply within floodways:
a. No encroachments, including fill, new construction, substantial
improvements, additions and other developments shall be permitted unless it
has been demonstrated through hydrologic and hydraulic analyses performed
in accordance with standard engineering practice that the proposed
encroachment would not result in any increase in flood levels during the
occurrence of the base flood. Such certification and technical data shall be
presented to the Local Floodplain Administrator.
b. A Conditional Letter of Map Revision (CLOMR) has been approved by
FEMA. A Letter of Map Revision (LOMR) must be obtained upon
completion of the proposed development.
c. If the above are satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of§9.4.
d. No manufactured homes shall be permitted, except in an existing
manufactured home park or subdivision. A replacement manufactured home
may be placed on a lot in an existing manufactured home park or subdivision
provided the anchoring and the elevation standards of §9.4.2.3 and the
encroachment standards of 9.4.2.9.a are met.
Minutes of Regular Meeting of 5/07/12
e. Permissible uses within floodways may include general farming, pasture,
outdoor plant nurseries, horticulture, forestry, wildlife sanctuary, game farm
and other similar agricultural, wildlife and related uses. Also, lawns, gardens,
play areas, picnic grounds, hiking and horseback riding trails and
Greeneways are acceptable uses, provided that they do not employ structures
or fill. Substantial development of a permissible use may require a no-impact
certification. The uses listed in this section are permissible only if and to the
extent that they do not cause any increase in base flood elevations or changes
to the floodway configuration.
9.4.2.10 Fill — Fill is discouraged because storage capacity is removed
from floodplains. Elevating buildings by other methods must be considered. An
applicant shall demonstrate that fill is the only alternative to raising the building
to at least one (1) foot above the base flood elevation, and that the amount of fill
used will not affect the flood storage capacity or adversely affect adjacent
properties. The following provisions shall apply to all fill placed in the special
flood hazard area:
a. Fill may not be placed in the floodway unless it is in accordance with
§9.4.2.9.a;
b. Fill may not be placed in wetlands without the required state and federal
permits;
c. Fill must consist of soil and rock materials only. Dredged material may be
used as fill only upon certification of suitability by a registered professional
geotechnical engineer. Landfills, rubble fills, dumps and sanitary fills are not
permitted in the floodplain;
d. Fill used to support structures must comply with ASTM Standard D-698, and
its suitability to support structures certified by a registered, professional
engineer;
e. Fill slopes shall be no greater or steeper than two (2) horizontal to one (1)
vertical. Flatter slopes may be required where velocities may result in
erosion; and
f. The use of fill shall not increase flooding or cause drainage problems on
neighboring properties.
g. Fill may not be used for structural support in the coastal high hazard areas.
h. Fill shall meet the requirements of FEMA Technical Bulletin 10-01, Ensuring
That Structures Built on Fill in or Near Special Flood Hazard Areas Are
Reasonably Safe from Flooding.
9.4.3 Standards for Streams without Established Base Flood
Elevations and Floodways
Located within the areas of special flood hazard (Zones A and V) established in
§9.2.3 are small streams where no base flood data has been provided and where
no floodways have been identified. The following provisions apply within such
areas:
Minutes of Regular Meeting of 5/07/12
9.4.3.1 In all areas of special flood hazard where base flood elevation data
are not available, the applicant shall provide a hydrologic and hydraulic
engineering analysis that generates base flood elevations for all subdivision
proposals and other proposed developments greater than two (2) lots or one (1)
acre, whichever is less.
9.4.3.2 No encroachments, including fill, new construction, substantial
improvements or new development shall be permitted within one hundred (100)
feet of the stream bank unless certification with supporting technical data by a
registered professional engineer is provided demonstrating that such
encroachments shall not result in any increase in flood levels during the
occurrence of the base flood discharge.
9.4.3.3 If §9.4.3.1 is satisfied and base flood elevation data is available
from other sources, all new construction and substantial improvements within
such areas shall comply with all applicable flood hazard ordinance provisions of
§9.4 and shall be elevated or floodproofed in accordance with elevations
established in accordance with §9.3.4.10. Data from preliminary, draft and final
Flood Insurance Studies constitutes best available data. Refer to FEMA
Floodplain Management Technical Bulletin 1-98 Use of Flood Insurance Study
(FIS) Data as Available Data. If an appeal is pending on a study in accordance
with 44 CFR Ch. 1, Part 67.5 and 67.6, the data does not have to be used.
9.4.3.4 When base flood elevation (BFE) data is not available from a
federal, state or other source, one of the following methods may be used to
determine a BFE. For further information regarding the BFE determination,
refer to FEMA's manual Managing Floodplain Development in Approximate
Zone A Areas.-
a.
reas:a. Contour Interpolation
1) Superimpose approximate Zone A boundaries onto a topographic map and
estimate a BFE;
2) Add one-half of the contour interval of the topographic map that is used
to the BFE.
b. Data Extrapolation — A BFE can be determined if a site within five hundred
(500) feet upstream of a stream reach for which a 100-year profile has been
computed by detailed methods, and the floodplain and channel bottom slope
characteristics are relatively similar to the downstream reaches. No hydraulic
structures shall be present.
c. Hydrologic and Hydraulic Calculations — Perform hydrologic and hydraulic
calculations to determine BFEs using FEMA approved methods and software.
9.4.4 Standards for Streams With Established Base Flood
Elevations But Without Floodways
Along rivers and streams where Base Flood Elevation (BFE) data are provided
but no floodway is identified for a Special Flood Hazard Area on the Flood
Insurance Rate Map (FIRM) or in the FIS, the following provision shall apply:
Minutes of Regular Meeting of 5/07/12
9.4.4.1 No encroachments including fill, new construction, substantial
improvements, or other developments shall be permitted unless certification with
supporting technical data by a registered professional engineer is provided
demonstrating that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will not increase
the water surface elevation of the base flood more than one (1) foot at any point
within the City.
9.4.5 Standards for Subdivision Proposals and Other Proposed
Development
9.4.5.1 All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage and are subject to all
applicable standards in these regulations;
9.4.5.2 All subdivision proposals and other proposed new development
shall have public utilities and facilities such as sewer, gas, electrical and water
systems located and constructed to minimize flood damage;
9.4.5.3 Where possible, provision shall be made for alternative vehicular
access and escape routes in the event that normal routes are blocked or destroyed
by flooding;
9.4.5.4 All subdivision proposals and other proposed development shall
have adequate drainage provided to reduce exposure to flood hazards; and,
9.4.5.5 The applicant shall meet the requirement to submit technical data
to FEMA in §9.5 when a hydrologic and hydraulic analysis is completed that
generates base flood elevations.
9.4.6 Standards for Areas of Shallow Flooding (AO Zones)
Located within the areas of special flood hazard established in §9.2.3, are areas
designated as shallow flooding. The following provisions shall apply within such
areas:
9.4.6.1 All new construction and substantial improvements of residential
structures shall have the lowest floor elevated to at least as high as the depth
number specified on the Flood Insurance Rate Map, in feet, above the highest
adjacent grade. If no depth number is specified, the lowest floor shall be elevated
at least three (3) feet above the highest adjacent grade.
9.4.6.2 All new construction and substantial improvements of non-
residential structures shall:
a. Have the lowest floor elevated to at least as high as the depth number
specified on the Flood Insurance Rate Map, in feet, above the highest
Minutes of Regular Meeting of 5/07/12
adjacent grade. If no depth number is specified, the lowest floor shall be
elevated at least three (3) feet above the highest adjacent grade; or,
b. Be completely floodproofed together with attendant utility and sanitary
facilities to or above that level, so that any space below that level is
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Certification is required as
stated in §9.3.4.
c. All structures on slopes must have drainage paths around them to guide water
away from the structures.
9.5 MAP MAINTENANCE ACTIVITIES
9.5.1 Purpose
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 §9.2.3 accurately represent flooding
conditions so that appropriate floodplain management criteria are based on
current data.
9.5.2 Requirement to Submit New Technical Data For all
development
proposals that impact floodway delineations or base flood elevations, the Local
Floodplain Administrator shall ensure that technical data reflecting such changes
be submitted to FEMA within six months of the date such information becomes
available. These development proposals include:
a. Floodway encroachments that increase or decrease base flood elevations or
alter floodway boundaries;
b. Fill sites 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 §9.4.3.1.
9.5.2.1 It is the responsibility of the applicant to have technical data,
required in accordance with §9.5, prepared in a format for a Conditional Letter of
Map Revision (CLOMR) or Letter of Map Revision (LOMR) and submitted to
FEMA. Submittal and processing fees for these map revisions shall also be the
responsibility of the applicant.
9.5.2.2 The Local Floodplain Administrator shall require a CLOMR prior
to the issuance of a floodplain development permit for:
a. Proposed floodway encroachments that increase the base flood elevation; and
b. Proposed development which increases the base flood elevation by more than
one (1) foot in areas where FEMA has provided base flood elevations but no
floodway.
Minutes of Regular Meeting of 5/07/12
9.5.2.3 Floodplain development permits issued by the Local Floodplain
Administrator shall be conditioned upon the applicant obtaining a LOMR from
FEMA for any development proposal subject to §9.5.
9.5.2.4 Conditional Letter of Map Revisions (CLOMR) and/or Letters of
Map Revision (LOMR) must go through the variance process outlined in §9.6.
9.5.3 Right to Submit New Technical Data
The Local Floodplain
Administrator may request changes to any of the information shown on an
effective map that does not impact floodplain or floodway delineations or base
flood elevations, such as labeling or planimetric details. Such a submission shall
include appropriate supporting documentation made in writing by the local
jurisdiction and may be submitted at any time.
9.6 VARIANCE PROVISIONS
9.6.1 Establishment of Appeal Board
The Board of Zoning Appeals
as established by the City of North Augusta in Article 18, Administration, of the
North Augusta Development Code, shall hear and decide requests for variances
from the requirements of this Article.
9.6.2 Right to Appeal
Any person aggrieved by the decision of the
Board of Zoning Appeals or any taxpayer may appeal such decision as provided
in Article 18, Administration of the North Augusta Development Code and
pursuant to S.C. Code §6-29-820 to the circuit court in and for the counties of
Aiken and Edgefield as applicable.
9.6.3 Historic Structures
Variances may be issued for the repair or
rehabilitation of historic structures upon the determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a
historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
9.6.4 Functionally Dependent Uses
Variances may be issued for development necessary for the conduct of a
functionally dependent use, provided the criteria of §9.6 are met, no reasonable
alternatives exist, and the development is protected by methods that minimize
flood damage and create no additional threat to public safety.
9.6.5 Agricultural Structures
Variances may be issued to wet
Minutes of Regular Meeting of 5/07/12
floodproof an agricultural structure provided it is used solely for agricultural
purposes. In order to minimize flood damages during the base flood and the
threat to public health and safety, the structure must meet all of the conditions
and considerations of§9.6.8, this section, and the following standards:
9.6.5.1 Use of the structure must be limited to agricultural purposes as
listed below:
a. Pole frame buildings with open or closed sides used exclusively for the storage
of farm machinery and equipment;
b. Steel grain bins and steel frame corn cribs;
c. General purpose barns for the temporary feeding of livestock which are open
on at least one (1) side;
d. For livestock confinement buildings, poultry houses, dairy operations and
similar livestock operations, variances may not be issued for structures which
were substantially damaged. New construction or substantial improvement of
such structures must meet the elevation requirements of §9.4.2.2 of this
Article;
9.6.5.2 The agricultural structure must be built or rebuilt, in the case of an
existing building which is substantially damaged, with flood-resistant materials
for the exterior and interior building components and elements below the base
flood elevation;
9.6.5.3 The agricultural structure must be adequately anchored to prevent
flotation, collapse, or lateral movement. All of the structure's components must
be capable of resisting specific flood-related forces including hydrostatic,
buoyancy, hydrodynamic and debris impact forces. Where flood velocities
exceed five (5) feet per second, fast-flowing floodwaters can exert considerable
pressure on the building's enclosure walls or foundation walls;
9.6.5.4 The agricultural structure must meet the venting requirement of
§9.4.2.5.
9.6.5.5 Any mechanical, electrical or other utility equipment must be
located above the base flood elevation so that it is contained within a watertight,
floodproofed enclosure which is capable of resisting damage during flood
conditions. The structure must comply with §9.4.1.5;
9.6.5.6 The agricultural structure must comply with the floodway
encroachment provisions of§9.4.2.9; and,
9.6.5.7 Major equipment, machinery or other contents must be protected.
Such protection may include protective watertight floodproofed areas within the
building, the use of equipment hoists for readily elevating contents, permanently
elevating contents on pedestals or shelves above the base flood elevation, or
Minutes of Regular Meeting of 5/07/12
determining that property owners can safely remove contents without risk to lives
and that the contents will be located to a specified site out of the floodplain.
9.6.6 Considerations
In passing upon such applications, the Board of
Zoning Appeals shall consider all technical evaluations, all relevant factors, all
standards specified in other sections of this Article, and:
9.6.6.1 The danger that materials may be swept onto other lands to the
injury of others;
9.6.6.2 The danger to life and property due to flooding or erosion damage,
and the safety of access to the property in times of flood for ordinary and
emergency vehicles;
9.6.6.3 The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
9.6.6.4 The importance of the services provided by the proposed facility
to the community;
9.6.6.5 The necessity to the facility of a waterfront location, where
applicable;
9.6.6.6 The availability of alternative locations, not subject to flooding or
erosion damage, for the proposed use;
9.6.6.7 The compatibility of the proposed use with existing and
anticipated development, and the relationship of the proposed use to the
Comprehensive Plan and floodplain management program for that area;
9.6.6.8 The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site; and
9.6.6.9 The costs of providing governmental services during and after
flood conditions including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems, and streets and bridges.
9.6.6.10 Agricultural structures must be located in wide, expansive
floodplain areas, where no other alternative location for the agricultural structure
exists. The applicant must demonstrate that the entire farm acreage, consisting of
a contiguous parcel of land on which the structure is to be located, must be in the
Special Flood Hazard Area and no other alternative locations for the structure are
available.
Minutes of Regular Meeting of 5/07/12
9.6.7 Findings
Findings listed above shall be submitted to the Board
of Zoning Appeals, in writing, and included in the application for a variance.
Additionally, comments from the SC Department of Natural Resources Land,
Water and Conservation Division, State Coordinator's Office, must be taken into
account and included in the permit file.
9.6.8 Floodways
Variances shall not be issued within any designated floodway if any increases in
flood levels during the base flood discharge would result unless a CLOMR is
obtained prior to the issuance of the variance. In order to insure the project is
built in compliance with the CLOMR for which a variance is granted, the
applicant must provide a performance guarantee and letter of credit for one
hundred twenty-five percent (125%) of the cost to perform the development. The
performance guarantee and letter of credit shall be valid for a period equal to one
hundred twenty-five percent (125%) of the estimated time required to complete
construction of the development.
9.6.9 Conditions
Upon consideration of the factors listed above and
the purposes of this Article, the Board of Zoning Appeals may attach such
conditions to the granting of variances as it deems necessary to further the
purposes of this Article. The following conditions shall apply to all variances:
9.6.9.1 Variances may not be issued when the variance will make the
structure in violation of other federal, state, or local laws, regulations or
ordinances.
9.6.9.2 Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford relief.
9.6.9.3 Variances shall only be issued upon a showing of good and
sufficient cause, a determination that failure to grant the variance would result in
exceptional hardship, and a determination that the granting of a variance will not
result in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisance, cause fraud on or victimization of the public or
conflict with existing local laws or ordinances.
9.6.9.4 Any applicant to whom a variance is granted shall be given
written notice specifying the difference between the base flood elevation and the
elevation to which the structure is to be built and a written statement that the cost
of flood insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation. Such notification shall be maintained with a
record of all variance actions.
Minutes of Regular Meeting of 5/07/12
9.6.9.5 The Local Floodplain Administrator shall maintain the records of
all appeal actions and report any variances to FEMA upon request.
9.6.9.6 Variances shall not be issued for development initiated without a
permit or other development that is not in compliance with this Article.
Violations must be corrected in accordance with §9.3.5.5 of this Article.
9.7 LEGAL STATUS
9.7.1 Effect on Rights and Liabilities under the Existing Flood
Damage Prevention Ordinance
This Article in part comes forward by re-enactment of some of the provisions of
the Flood Damage Prevention Ordinance enacted on July 15, 1980, as amended,
and it is not the intention to repeal but rather to re-enact and continue to enforce
without interruption of such existing provisions, so that all rights and liabilities
that have accrued thereunder are reserved and may be enforced. The enactment of
this Article shall not affect any action, suit or proceeding instituted or pending.
All provisions of the Flood Damage Prevention Ordinance of North Augusta
enacted on July 15, 1980, as amended, which are not reenacted herein are
repealed.
9.7.2 Effect upon Outstanding Building Permits
Nothing herein
contained shall require any change in the plans, construction, size or designated
use of any building, structure or part thereof for which a building permit has been
granted by the Building Official or his authorized agents before the time of
passage of this Article; provided, however, that when construction is not begun
under such outstanding permit within a period of sixty (60) days subsequent to
passage of this Article, construction or use shall be in conformity with this
Article.
9.7.3 Effective Date
This Article shall become effective upon
adoption.
C. Appendix A, Definitions is amended to modify the following existing definitions:
Accessory Structure
For purposes of Article 9, a structure which is located on the same parcel of
property as the principal structure and the use of which is incidental to the use of
the principal structure. Accessory structures should constitute a minimal
investment, may not be used for human habitation, and be designed to have
minimal flood damage potential. Detached garages, carports and storage sheds
are common urban accessory structures. Pole barns, hay sheds and the like
qualify as accessory structures on farms, and may or may not be located on the
same parcel as the farm dwelling or shop building.
Minutes of Regular Meeting of 5/07/12
Appeal
For purposes of Article 9, a request for a review of the Local Floodplain
Administrator's interpretation of any provision of this Chapter.
Existing Construction
For purposes of Article 9 "existing structure" means, for the purposes of
determining rates, structures for which the start of construction commenced
before June 3, 1977.
Existing Manufactured Home Park or Manufactured Home Subdivision
For purposes of Article 9, a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete
pads) was completed before April 20, 1987.
Lowest Adjacent Grade (LAG) (Adopt. 2-1-10; Ord. 2010-01)
For purposes of Article 9, the elevation of the lowest ground surface that touches
any deck support, exterior walls of a building or proposed building walls.
Manufactured Home Park or Subdivision, New (Article 9) (Rev. 2-1-10; Ord.
2010-01)
For purposes of Article 9, a manufactured home park or subdivision for which
the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete
slabs) is completed on or after April 20, 1987.
Mean Sea Level (Article 9)
For purposes of Article 9, the National Geodetic Vertical Datum (NGVD) of
1929, North American Vertical Datum (NAVD) of 1988, or other datum, to
which the base flood elevations shown on a community's Flood Insurance Rate
Maps (FIRM) are shown.
New Construction (Rev. 2-1-10; Ord. 2010-01)
For purposes of Article 9, a structure for which the start of construction
commenced after April 20, 1987. The term also includes any subsequent
improvements to such structure.
North American Vertical Datum (NAVD) of 1988
Vertical control, as corrected in 1988, used as the reference datum on Flood
Insurance Rate Maps.
Il. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
Minutes of Regular Meeting of 5/07/12
III. This Ordinance shall become effective immediately upon its adoption on third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
2012.
ITEM 9 ZONING: North Augusta Development Code, Proposed Text
Amendments (Application RZT 12-001) — Ordinance, Second Reading —
Postponed Until May 21, 2012
Following the vote on the above referenced ordinance (Item 8), it was the general
consensus of Council that second reading should be postponed until May 21,
2012. Staff was directed to try to obtain clarification from the Federal
Emergency Management Agency on when the flood plain maps would be revised
prior to second reading.
ITEM 10. ZONING: North Augusta Development Code, Proposed Text
Amendments (Application RZT 12-002)— Ordinance, First Reading
On motion by Mayor Jones, second by Councilmember Whinghter, Council
considered an ordinance on first reading amending specific sections of Article 3,
Zoning Districts, related to sign area dimensions and nonconforming use
abandonment, Article S, Approval Procedures, related to performance guarantee
letters of credit, and Article 14, Street Lighting, related to street lighting plan
and pole requirements, of the North Augusta Development Code, Chapter 18 of
the City of North Augusta, South Carolina Code of Ordinances.
There was some confusion regarding the correct version of the ordinance
submitted to Mayor and Council for consideration.
The version of the ordinance submitted by the Planning Commission for
recommendation is as follows:
ORDINANCE NO. 2012-08
AMENDING SPECIFIC SECTIONS OF ARTICLE 3, ZONING DISTRICTS, RELATED TO
SIGN AREA DIMENSIONS AND NONCONFORMING USE ABANDONMENT, ARTICLE
5 APPROVAL PROCEDURES RELATED TO PERFORMANCE GUARANTEE LETTERS
OF CREDIT AND ARTICLE 14 STREET LIGHTING, RELATED TO STREET LIGHTING
PLAN AND POLE REQUIREMENTS OF THE NORTH AUGUSTA DEVELOPMENT
CODE CHAPTER 18 OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA CODE
OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code which is consistent with the City's
Minutes of Regular Meeting of 5/07/12
2005 Comprehensive Plan and which incorporates all City zoning and land development
regulations; and
WHEREAS, pursuant to Title 6, Chapter 29 of the South Carolina Code, the
North Augusta Planning Commission may recommend amendments to the Development Code
for the purposes of technical clarification, error correction and to accommodate the needs of the
City's citizens, provided such amendments are consistent with the City's 2005 Comprehensive
Plan; and
WHEREAS, the North Augusta Planning Commission, following an April 19,
2012 public hearing, reviewed, considered and approved amendments to Article 3, Zoning
Districts, related to sign area dimensions and nonconforming use abandonment; Article 5,
Approval Procedures, related to performance guarantee letters of credit; and Article 14, Street
Lighting, related to street lighting plan and pole requirements, and recommended said
amendments to the City Council for approval.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
I. The North Augusta Development Code, Chapter 18 of The City of North
Augusta, South Carolina Code of Ordinances, Providing for New Zoning and
Land Development Regulations for the City of North Augusta, South Carolina, is
hereby amended and shall read as described in each of the following sections.
The section of the Code affected by each proposed amendment is identified by
the section number.
A. Subsection 3.8.4.3.b is amended to read:
3.8.4.3 Permitted Uses
b. No new auto oriented uses including auto repair, gasoline service stations and
drive through uses will be allowed. Such existing uses are permitted and will
be allowed to continue in accordance with Article 19, Nonconforming Uses.
B. Subsection 3.8.4.5.2.e is amended to read:
3.8.4.5.2 Freestanding Signs—
e. The sign panel or message area shall not exceed twenty (20) square feet in
area.
C. Subsection 3.8.4.5.3.a is amended to read:
3.8.4.5.3 Monument Signs—
a. Such signs shall not exceed five (5) feet in height and twenty (20) square feet
in area.
Minutes of Regular Meeting of 5/07/12
D. Subsection 3.8.4.5.6.b is amended to read:
3.8.4.5.6 Canopy and Awning Signs—
b. The message does not exceed ten (10) inches in height on the fringe or drip-
flap portion of a canvas awning.
E. Section 5.8.6.1 is amended to read:
5.8.6.1 If all improvements as required by this Chapter or by the Planning
Commission at the major subdivision plan or site development plan approval
stage are not entirely installed and constructed in accordance with the required
standards prior to the submission of a final plat application, or in the case of a site
plan, an application for final approval and a certificate of occupancy, and the
developer desires to proceed with building construction within a subdivision or
occupancy of a site, and the City Engineer certifies that all necessary
infrastructure and other installations required for the safe use, continued
development and occupancy of a subdivision or a site have been completed
satisfactorily, the developer shall submit a performance guarantee in an amount
equal to one hundred twenty-five percent (125%) of the cost of the unfinished
improvements as certified by City Engineer. The performance guarantee shall be
supported by a letter of credit or other security that shall be valid for a minimum
of one month beyond the performance guarantee term. (Rev. 2-21-11; Ord. 2011-
02)
F. A new Section 14.16.2 is added to read:
14.16.2 Street Lighting Plan Required
A street lighting plan is required for all new developments where additional street
lights are required by this Section. The street lighting plan shall be included as
part of the major subdivision plan.
G. Section 14.16.3 is renumbered as 14.16.4 and a new Subsection b is added to read:
14.16.4 Ornamental Light Standards
b. The developer
shall be responsible for securing the required number of light poles prior to
approval of the final plat plus an additional one percent (1%) of light poles
for the phase, not to be less than one pole. The developer may opt to
purchase sufficient poles to complete the entire development at any phase.
II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on third
reading.
Minutes of Regular Meeting of 5/07/12
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
12012.
On motion by Councilmember McDowell, second by Councilmember Baggott,
Council received this version as information and as the report from Planning
Commission. Voting for the motion were Mayor Jones and Councilmembers
Adams, Baggott, McDowell, Shealy, and Whinghter. Councilmember Carpenter
recused herself because she has an interest in the use of land impacted by the
ordinance.
The following amendments were made:
• On motion by Councilmember Shealy, second by Councilmember
McDowell, a motion to amend the ordinance by changing I. A. 3.8.4.3
Permitted Uses as follows was made:
3.8.4.3 Permitted Uses
b. No new auto oriented uses including auto repair, gasoline service stations,
and drive through uses will be allowed. Such existing uses are permitted and
will be allowed to continue. No such nonconforming use shall be resumed if
it has been abandoned for a continuous period of twenty four (24) mon} six
(6) months.
Voting for the motion were Councilmembers McDowell and Shealy. Voting
against the motion were Mayor Jones, and Councilmembers Adams, Baggott, and
Whinghter. Councilmember Carpenter recused herself because she has an
interest in the use of land impacted by the ordinance. The motion failed.
• On motion by Councilmember Baggott, second by Councilmember
McDowell, a motion to amend the ordinance by changing 1. A. 3.8.4.3
Permitted Uses as follows was made:
3.8.4.3 Permitted Uses
b. No new auto oriented uses including auto repair, gasoline service stations,
and drive through uses will be allowed. Such existing uses are permitted and
will be allowed to continue. No such nonconforming use shall be resumed if
it has been abandoned for a continuous period of twenty four (24) months-
twelve
ont '-
twelve (12) months.
Voting for the motion were Councilmembers Baggott, McDowell, and Shealy.
Voting against the motion were Mayor Jones, and Councilmembers Adams and
Minutes of Regular Meeting of 5/07/12
Whinghter. Councilmember Carpenter recused herself because she has an
interest in the use of land impacted by the ordinance. The motion failed.
• On motion by Mayor Jones, second by Councilmember Baggott, a motion
to amend the ordinance by changing I. A. 3.8.4.3 Permitted Uses as
follows was made:
3.8.4.3 Permitted Uses
e. Uses containing drive throughs will be allowed if the Director deems
appropriate traffic controls are installed.
Voting for the motion were Mayor Jones and Councilmembers Adams, Baggott,
McDowell, and Whinghter. Voting against the motion was Councilmember
Shealy. Councilmember Carpenter recused herself because she has an interest in
the use of land impacted by the ordinance. The motion passed with a 511 vote.
• On motion by Mayor Jones, second by Councilmember Whinghter, a
motion to amend the ordinance by changing I. A. 3.8.4.3 Permitted Uses
as follows was made:
3.8.4.3 Permitted Uses
b. No new auto oriented uses including auto repair, gasoline service stations,
and drive through uses will be allowed. Such existing uses are permitted and
will be allowed to continue. No such nonconforming use shall be resumed if
it has been abandoned for a continuous period of twet+., r^,,,. (en) ,,,,,nths
eighteen (18) months.
Voting for the motion were Councilmembers Adams and Whinghter and Mayor
Jones. Voting against the motion were Councilmembers Baggott, McDowell,
and Shealy. Councilmember Carpenter recused herself because she has an
interest in the use of land impacted by the ordinance. The motion failed.
• On motion by Councilmember Baggott, second by Councilmember
McDowell, a motion to amend the ordinance by changing I. A. 3.8.4.3
Permitted Uses as follows was made:
3.8.4.3 Permitted Uses
b. No new auto oriented uses including auto repair, gasoline service stations,
and drive through uses will be allowed. Such existing uses are permitted and
will be allowed to continue. No such nonconforming use shall be resumed if
it has been abandoned for a continuous period of twenty fur (24) months
fourteen (14) months.
Minutes of Regular Meeting of 5/07/12
Voting for the motion were Councilmembers Baggott and McDowell. Voting
against the motion were Mayor Jones and Councilmembers Adams, Shealy, and
Whinghter. Councilmember Carpenter recused herself because she has an
interest in the use of land impacted by the ordinance. The motion failed.
• On motion by Councilmember Whinghter, second by Mayor Jones, a
motion to amend the ordinance by changing I. A. 3.8.4.3 Permitted Uses
as follows was made:
3.8.4.3 Permitted Uses
b. No new auto oriented uses including auto repair, gasoline service stations,
and drive through uses will be allowed. Such existing uses are permitted and
will be allowed to continue. No such nonconforming use shall be resumed if
it has been abandoned for a continuous period of twenty fatif (en) months-
sixteen (16) months.
Voting for the motion were Mayor Jones and Councilmembers Adams, Baggott
and Whinghter. Voting against the motion were Councilmembers Shealy and
McDowell. Councilmember Carpenter recused herself because she has an
interest in the use of land impacted by the ordinance. The motion passed with a
4/2 vote.
The amended ordinance was voted on for first reading. Mayor Jones and
Councilmembers Adams, Baggott, McDowell, and Whinghter voted for the
amended ordinance on first reading. Voting against the ordinance on first
reading was Councilmember Shealy. Councilmember Carpenter recused herself
because she has an interest in the use of land impacted by the ordinance. The
ordinance passed on first reading with a 5/1 vote.
The proposed amended ordinance text is as follows:
ORDINANCE NO. 2012-08
AMENDING SPECIFIC SECTIONS OF ARTICLE 3, ZONING DISTRICTS, RELATED TO
SIGN AREA DIMENSIONS AND NONCONFORMING USE ABANDONMENT, ARTICLE
5 APPROVAL PROCEDURES RELATED TO PERFORMANCE GUARANTEE LETTERS
OF CREDIT AND ARTICLE 14 STREET LIGHTING RELATED TO STREET LIGHTING
PLAN AND POLE REQUIREMENTS OF THE NORTH AUGUSTA DEVELOPMENT
CODE CHAPTER 18 OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA CODE
OF ORDINANCES
WHEREAS, on December 17, 2007, by Ordinance 2007-22, the North Augusta
City Council adopted the North Augusta Development Code which is consistent with the City's
Minutes of Regular Meeting of 5/07/12
2005 Comprehensive Plan and which incorporates all City zoning and land development
regulations; and
WHEREAS, pursuant to Title 6, Chapter 29 of the South Carolina Code, the
North Augusta Planning Commission may recommend amendments to the Development Code
for the purposes of technical clarification, error correction and to accommodate the needs of the
City's citizens, provided such amendments are consistent with the City's 2005 Comprehensive
Plan; and
WHEREAS, the North Augusta Planning Commission, following an April 19,
2012 public hearing, reviewed, considered and approved amendments to Article 3, Zoning
Districts, related to sign area dimensions and nonconforming use abandonment; Article 5,
Approval Procedures, related to performance guarantee letters of credit; and Article 14, Street
Lighting, related to street lighting plan and pole requirements, and recommended said
amendments to the City Council for approval.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, IN MEETING
DULY ASSEMBLED AND BY THE AUTHORITY THEREOF, THAT:
1. The North Augusta Development Code, Chapter 18 of The City of North
Augusta, South Carolina Code of Ordinances, Providing for New Zoning and
Land Development Regulations for the City of North Augusta, South Carolina, is
hereby amended and shall read as described in each of the following sections.
The section of the Code affected by each proposed amendment is identified by
the section number.
A. Subsection 3.8.4.3.b is amended to read:
3.8.4.3 Permitted Uses
b. No new auto oriented uses including auto repair, gasoline service stations,
and drive through uses will be allowed. Such existing uses are permitted and
will be allowed to continue. No such nonconforming use shall be resumed if
it has been abandoned for a continuous period of sixteen (16) months.
c. For purposes of this section, "abandon" or "abandonment" means
discontinuance of the nonconforming use regardless of the property owner's
intent to relinquish the right to so use the property. A nonconforming use is
considered abandoned when:
1. It has been intentionally discontinued, remains idle or unused;
2. Necessary utilities, such as water, sewer or electricity have been
discontinued for any reason including a failure to pay fees, rates or other
required charges lawfully established by the service provider; or
3. The principal buildings or structures are no longer actively occupied.
Minutes of Regular Meeting of 5/07/12
d. In addition to the uses listed above, residential dwellings shall be permitted
above the first floor of any building with commercial and/or retail uses on the
first floor.
e. Uses containing drive throughs will be allowed if the Director deems
appropriate traffic controls are installed.
B. Subsection 3.8.4.5.2.e is amended to read:
3.8.4.5.2 Freestanding Signs—
e. The sign panel or message area shall not exceed twenty (20) square feet in
area.
C. Subsection 3.8.4.5.3.a is amended to read:
3.8.4.5.3 Monument Signs—
a. Such signs shall not exceed five (5) feet in height and twenty (20) square feet
in area.
D. Subsection 3.8.4.5.6.b is amended to read:
3.8.4.5.6 Canopy and Awning Signs—
c. The message does not exceed ten (10) inches in height on the fringe or drip-
flap portion of a canvas awning.
E. Section 5.8.6.1 is amended to read:
5.8.6.1 If all improvements as required by this Chapter or by the Planning
Commission at the major subdivision plan or site development plan approval
stage are not entirely installed and constructed in accordance with the required
standards prior to the submission of a final plat application, or in the case of a site
plan, an application for final approval and a certificate of occupancy, and the
developer desires to proceed with building construction within a subdivision or
occupancy of a site, and the City Engineer certifies that all necessary
infrastructure and other installations required for the safe use, continued
development and occupancy of a subdivision or a site have been completed
satisfactorily, the developer shall submit a performance guarantee in an amount
equal to one hundred twenty-five percent (125%) of the cost of the unfinished
improvements as certified by City Engineer. The performance guarantee shall be
supported by a letter of credit or other security that shall be valid for a minimum
of one month beyond the performance guarantee term. (Rev. 2-21-11; Ord. 2011-
02)
F. A new Section 14.16.2 is added to read:
14.16.2 Street Lighting Plan Required
Minutes of Regular Meeting of 5/07/12
A street lighting plan is required for all new developments where additional street
lights are required by this Section. The street lighting plan shall be included as
part of the major subdivision plan.
G. Section 14.16.3 is renumbered as 14.16.4 and a new Subsection b is added to read:
14.16.4 Ornamental Light Standards
c. The developer
shall be responsible for securing the required number of light poles prior to
approval of the final plat plus an additional one percent (1%) of light poles
for the phase, not to be less than one pole. The developer may opt to
purchase sufficient poles to complete the entire development at any phase.
II. All other Ordinances or parts of Ordinances in conflict herewith are, to the extent
of such conflict, hereby repealed.
III. This Ordinance shall become effective immediately upon its adoption on third
reading.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS DAY OF
32012.
ITEM 11. ZONING: North Augusta Development Code, Proposed Text
Amendments (Application RZT 12-002) —Ordinance, Second Reading
On motion by Councilmember Baggott, second by Mayor Jones, Council passed
an ordinance on second reading amending specific sections of Article 3, Zoning
Districts, related to sign area dimensions and nonconforming use abandonment,
Article 5, Approval Procedures, related to performance guarantee letters of credit,
and Article 14, Street Lighting, related to street lighting plan and pole
requirements, of the North Augusta Development Code, Chapter 18 of the City of
North Augusta, South Carolina Code of Ordinances.
Voting for the ordinance were Mayor Jones, and Councilmembers Adams,
Baggott, McDowell, and Whinghter. Voting against the ordinance was
Councilmember Shealy. Councilmember Carpenter recused herself because she
has an interest in the use of land impacted by the ordinance. The ordinance
passed on second reading with a 511 vote
Please see Item No. 10 above for the proposed ordinance text.
Minutes of Regular Meeting of 5/07/12
ITEM 12. ELECTION: House Bill 5098/Senate Bill 1381
Mayor Jones read the following letter being submitted to the Senate Judiciary
Sub-Committee regarding House Bill 5098/Senate Bill 1381.
May 4,2012
Senate Judiciary Sub-Committee
Post Office Box 142
Columbia,SC 29202
RE: House Bill 5098/Senate Bill 1381
Dear Members of the Senate Judiciary Sub-Committee:
Thank you for the opportunity to submit this letter on behalf of the City of North Augusta concerning the City's
request of passage of House Bill 5098 or Senate Bill 1381. I would be with you in person but was previously
booked to speak to a church senior citizens group at the same time as your hearing. As elected officials, I know you
can sympathize with me that you don't cancel out on church senior citizen groups! I might also add that our City
Administrator and Chamber of Commerce President also cannot be here because they are on a trip to Washington,
D.C.to meet with our Senators and House members on current issues.
As you know the approval of Sunday alcohol sales within a municipality is by referendum. Surrounding
communities in Georgia have recently approved Sunday sales as did Aiken a year or two ago. The current law
requires that the referendum must be held at the City's general election. This creates several problems for North
Augusta and possibly other similarly situated cities.
1) North Augusta is not on a November election cycle. Our municipal elections are in April.
2) North Augusta still has partisan elections. On several of the recent election cycles, all positions were either
decided by the primary or everyone was unopposed and the general election by law did not have to be
held That continues to be a real possibility in our next election.
3) Allowing this proposed amendment will allow the issue to be put on the ballot in November which is a
Presidential election. The voter turnout for Presidential elections in North Augusta has run as high as 70%
versus the average turnout when we have a municipal election of about 25%.
4) This amendment would allow the City to let the people vote on the issue sooner and insure a much larger
percentage of the people making their voice heard on the issue.
5) I have been told by officials of our Chamber of Commerce that many restaurants are holding back on
locating in North Augusta, awaiting the outcome of a referendum.
6) We are not asking for any substantive changes in the law itself. We are only asking that the referendum
may be held on statewide general elections as well as the city general election.
The City of North Augusta is not taking a position for or against Sunday alcohol sales. We are trying to allow our
citizens the opportunity to make their voice heard as soon as possible and in as large of numbers as possible. I can
assure you there is no other intent or desire in our request for passage of this bill.
I respectfully ask that it be reported out favorably by your Committee and seek your help in passage prior to sine
die adjournment. Thank you for considering my letter. I will be happy to make it in affidavit form if necessary.
Sincerely,
Lark W. Jones
Mayor
Minutes of Regular Meeting of 5/07/12
There being no further business, Council adjourned.
APPROVED THIS ZI 'DAY OF Respectfully submitted,
2012. ,
Donna B. Young
Mayor Lark W. Jones City Clerk
PENDING COUNCIL REVIEW AND APPROVAL
RECUSAL STATEMENT
Member Name: ,
Meeting Date: 5 ' 7- S AIII a--
Agenda Item: Section Number: —
Topic:
The Ethics Act, SC Code§8-13-700,provides that no public official may knowingly use his office
to obtain an economic interest for himself, a family member of his immediate family, an
individual with whom he is associated, or a business with which he is associated. No public
official may make,participate in making, or influence a governmental decision in which he or
any such person or business has an economic interest. Failure to recuse oneself from an issue in
which there is or may be conflict of interest is the sole responsibility of the council member
(1991 Op.Atty. Gen.No. 91-37.) A written statement describing the matter requiring action and
the nature of the potential conflict of interest is required.
Justification to Recuse:
Professionally employed by or under contract with principal
Owns or has vested interest in principal or property
Other:
9J .4 C J-Y' dJ 40/ J/At-,O41C P
Date: 6--7-/
Member
Approved by Parliamentarian: