ARTICLE 4. FLOODPLAIN MANAGEMENT REGULATIONS
16-401 Statutory authorization, findings of fact, and purposes.
It is the purpose of this article to promote the public health, safety, and general welfare; to minimize those losses described in subsection (b)(1); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 Code of Federal Regulations (CFR) 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(a) by applying the provisions of this article to:
(Ord. 468; Ord. 581)
16-402 General provisions.
This article shall apply to all lands within the jurisdiction of the City of Inman, in the county of McPherson Kansas identified as unnumbered A Zones on the Flood Insurance Rate Map (FIRM) panels referenced on the associated FIRM Index dated 01/16/2009 and any future revisions thereto. In all areas covered by this ordinance, no development shall be permitted except through the issuance of a floodplain development permit, granted by the City of Inman or its duly designated representative under such safeguards and restrictions as the City of Inman or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in section 16-404.
No development located within the flood-prone areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations.
It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. All other ordinances inconsistent with this article are hereby repealed to the extent of the inconsistency only.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by State statutes.
The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on the community's knowledge of past flooding. Larger floods may occur on rare occasions or the flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This article does not imply that areas outside the floodplain or land uses permitted within such areas will be free from flooding or flood damage. This article shall not create a liability on the part of City of Inman any officer or employee thereof, for any flood damages that may result from reliance on this article or any administrative decision lawfully made there under.
If any section; clause; provision; or portion of this article is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this article shall not be affected thereby.
(Ord. 468; Ord. 581)
16-403 Administration.
A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, so that may be determined whether such construction or other development is proposed within flood-prone areas. No person, firm, corporation, or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
The Zoning Administrator is hereby appointed to administer and implement the provisions of this article.
Duties of the designated Floodplain Administrators, all include, but not be limited to:
To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:
(Ord. 468; Ord. 581)
16-404 Provisions for flood hazard reduction.
New construction or substantial-improvement of any residential structures, including manufactured or mobile homes, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above base flood elevation. Mechanical and HVAC equipment servicing the building must be elevated or flood protected to same level as the lowest floor. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured or mobile homes, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood elevation or, together with attendant utility and sanitary facilities, be flood proofed so that below one foot above the base flood elevation the structure 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. Mechanical and HVAC equipment servicing the building must be elevated or flood protected to same level as the lowest floor.
A registered professional engineer or architect shall verify that the standards of this subsection are satisfied. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the floodplain administrator as set forth in Section 16-403(c)(7)(8)(9).
Require, for all new construction and substantial-improvements, that fully enclosed areas below lowest floor used solely for parking of vehicles, building access, or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
Require that recreational vehicles placed on sites within all unnumbered A Zones on the community's FIRM either:
*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.
(Ord. 468; Ord. 581)
16-405 Floodplain management variance procedures.
The Inman Planning Commission shall act as the Appeal Board as established by the City of Inman and shall hear and decide appeals and requests for variances from the floodplain management requirements of this ordinance.
Where an application for a floodplain development permit is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit directly to the Appeal Board, as defined in subsection (a).
The Appeal Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this article.
Any person aggrieved by the decision of the Appeal Board or any taxpayer may appeal such decision to the District Court as provided in K.S.A. 12-759 & 12-760.
In passing upon such applications for variances, the Appeal Board shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this article, and the following criteria:
(Ord. 468; Ord. 581)
16-406 Violations.
(Ord. 468; Ord. 581)
16-407 Amendments.
The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Inman. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this ordinance are in compliance with the NFIP regulations.
(Ord. 468; Ord. 581)
16-408 Definitions.
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the same meaning they have in common usage and to give this article its most reasonable application.
“100-year Flood” see “base flood.”
“Accessory Structure” — means the same as “appurtenant structure”.
“Actuarial Rates” see “risk premium rates.”
“Administrator” — means the Federal Insurance Administrator.
“Agency” — means the Federal Emergency Management Agency (FEMA).
“Appeal” — means a request for review of the Floodplain Administrator's interpretation of any provision of this article or a request for a variance.
“Appurtenant Structure” — means a structure that is on the same parcel of property as the principle structure to be insured and the use of which is incidental to the use of tr e principal structure.
“Area of Special Flood Hazard” is the land in the floodplain within a community subject to a one percent or greater change of flooding in any given year.
“Base Flood” — means the flood having a one percent chance of being equaled or exceeded in any given year.
“Base Flood Elevation” — means the elevation of the surface of the water during a one percent annual chance flood event.
“Basement” — means any area of the building having its floor subgrade (below ground level) on all sides.
“Building” see “structure.”
“Chief Engineer” — means the chief engineer of the division of water resources, Kansas Department Of Agriculture.
“Chief Executive Officer” or “Chief Elected Official” — means the official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.
“Community” — means any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
“Development” — means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
“Elevated Building” — means for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walks, shear walls, posts, piers, pilings, or columns.
“Eligible Community” or “Participating Community” — means a community for which the Administrator has authorized the sale of flood insurance Program (NFIP).
“Existing Construction” — means for the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975, for FIR Ms effective before that date. “existing construction” may also be referred to as “existing structures”.
“Existing Manufactured Home Park or Subdivision” — means 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) is completed before the effective date of the floodplain management regulations adopted by a community.
“Expansion to an Existing Manufactured Home Park or Subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots, on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
“Flood” or “Flooding” — means a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.
“Flood Hazard Boundary Map (FHBM)” — means an official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A zones.
“Flood Hazard Map” — means the document adopted by the governing body showing the limits of: (1) the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features.
“Flood Insurance Rate Map (FIRM)” — means am official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
“Flood Insurance Study (FIS)” — means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
“Floodplain” or “Flood-prone Area” — means any land area susceptible to being inundated by water from any source (see “flooding”).
“Floodplain Management” — means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
“Floodplain Management Regulations” — means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
“Floodproofing” — means any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities or structures and their contents.
“Floodway” or “Regulatory Floodway” — means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base food without cumulatively increasing the water surface elevation more than one foot.
“Floodway Encroachment Lines” — means the lines marking the limits of flood ways on Federal, State and local floodplain maps.
“Freeboard” — means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and flood way conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
“Functionally Dependent Use” — means a use that cannot perform intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.
“Highest Adjacent Grade” — means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
“Historic Structure” — means any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified letter (1) by an approved state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the Interior in states without approved programs.
“Lowest Floor” — means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this article.
“Manufactured Home” — means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
“Manufactured Home Park or Subdivision” — means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
“Map” — means the Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
“Market Value” or “Fair Market Value” — means an estimate of what is fair, economic, just and equitable value under normal local market conditions.
“Mean Sea Level” — means, for purposes of the National Flood Insurance Program (NFIP), the National American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
“New Construction” — means, for the purposes of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
“New Manufactured Home Park or Subdivision” — means a manufactured home park or subdivision for which the construction of facilities for servicing the lot 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 pad is completed on or after the effective date of floodplain management regulations adopted by the community.
“NFIP” — means the National Flood Insurance Program (NFIP)
“One percent annual change flood” see “base flood”.
“Participating Community” also known as an “eligible community,” means a community in which the Administrator has authorized the sale of flood insurance.
“Permit” — means a signed document from a designated community official authorizing development in a floodplain, including all necessary supporting documentation such as: (1) the site plan; (2) an elevation certificate; and (3) any other necessary or applicable approvals or authorizations from local, state or federal authorities.
“Person” — includes any individual or group of individuals, corporations, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
“Principally Above Ground” — means that at least 51 percent of the actual cash value of the structure, less land value, is above ground.
“Reasonably Safe From Flooding” — means base flood waters will not inundate the land or damage structures to be removed from the SPHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
“Recreational Vehicle” — means a vehicle that is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently towable by a light- duty truck; and (d) designed primarily. not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
“Remedy A Violation” — means to bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its noncompliance.
“Risk Premium Rates” — means those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. “Risk premium rates” include provisions for operating costs and allowances.
“Special Flood Hazard Area” see “area of special flood hazard.”
''Special Hazard Area” means an area having special flood hazards and shown on an FHBM, FIRM or FBFM as zones (unnumbered or numbered) A, AO, AE, or AH.
“Start of Construction” — includes substantial-improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, 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, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor 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 a 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.
“State Coordinating Agency” — means that agency of the state government, or other office designated by the governor of the state or by state structure at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that state.
“Structure” — means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. “Structure” for insurance purposes, means a walled and roof did building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation, or a travel trailer, without wheels on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
“Substantial-Damage” — means damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
“Substantial-Improvement” — means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before “start of construction” of the improvement. This term includes structures that have incurred “substantial-damage,” regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a “historic structure,” provided that the alteration will not preclude the structure's continued designation as a “historic structure.”
“Unnumbered A Zone” — means a special flood hazard area shown on either a flood hazard boundary map or flood insurance rate map where the base flood elevation is not determined.
“Variance” — means a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
“Violation” — means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this article is presumed to be in violation until such time as that documentation is provided.
“Water Surface Elevation” — means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.
(Ord. 468; Ord. 581)