Ord 2020-087/amending Chapter 39 of the SM Code regarding Flood Damage Prevention by providing for enhances flood damage prevention and mitigation standards

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Note: If the recreational vehicle is left in floodplain for more than 180 consecutive days, the recreational vehicle must comply with the requirements of this chapter as if it were a manufactured home. Reasonably safe from flooding means base floodwaters will not inundate the land or damage structures to be removed from the SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings. Repetitive loss means flood -related damages sustained by a structure on two separate occasions during a ten-year period ending on the date of the event for which the second claim is made, for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25 percent of the market value of the structure before the damages occurred. Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. Special flood hazard area (SFHA) (see "area of special flood hazard') means an area having special flood hazard and shown on an FHBM or FIRM as Zone A, AO, AH, A1- 30, AE, A99, AR, V, VE, or V1-30. Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one ,year 190 days of the permit date. It includes substantial improvement. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building, manufactured home, or any gas or liquid storage tank that is principally above ground. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood -related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25 percent of the market value of the structure before the damages occurred.