Purpose: This chapter promotes the public health, safety, and general welfare; minimizes those losses described in Section 18.50.020 B; establishes or maintains 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 meets the requirements of 44 CFR 60.3(d), KSA 19-101 and 19-2956 and K.A.R. 5-44-4 by applying the provisions of this chapter to:
•Control floodplain uses such as fill, dumping, storage of materials, structures, buildings and any other work which acting alone or in combination with any other existing or future uses will cause damaging flood heights and water velocities by obstructing flows and reducing channel storage; and
A. Findings of Fact
1. The special flood hazard areas of the City of Olathe, Kansas, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base; all of which adversely affect the public health, safety and general welfare.
2. These flood losses are caused by
B. Methods Used To Analyze Flood Hazards
1. Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this chapter is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this chapter. The base flood is the flood that is estimated to have a one percent chance of being equaled or exceeded in any one year as delineated on the Federal Insurance Administrator's FIS, and illustrative materials dated August 3, 2009 as amended, and any future revisions thereto.
2. Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
C. General Provisions
1. Lands To Which Chapter Applies
This chapter shall apply to all lands within the jurisdiction of the City of Olathe, Kansas identified as numbered and unnumbered A Zones, AE, AO, and AH Zones, on the Index Map dated August 3, 2009 of the Flood Insurance Rate Map (FIRM) as amended and any future revisions thereto and all lands adjacent to the fully developed floodplain for the 100-year design storm for flows with a contributing watershed greater than one hundred and sixty (160) acres. In all areas covered by this chapter, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Floodplain Administrator under such safeguards and restrictions as the Floodplain Administrator may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in subsections E through L, below.
No development located within the special flood hazard areas of this community shall be located, extended, converted, or structurally altered without full compliance with the terms of this chapter and other applicable regulations.
3. Abrogation and Greater Restrictions
It is not intended by this chapter to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. However, where other chapters or ordinances of the City or other state and federal laws and regulations impose stricter restrictions, the provisions of the strictest section shall prevail. All other chapters inconsistent with this chapter shall not apply to the extent of the inconsistency only.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any other powers granted by Kansas statutes.
5. Warning And Disclaimer Of Liability
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This chapter shall not create a liability on the part of the City of Olathe, any officer or employee thereof, for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made there under.
If any section; clause; provision; or portion of this chapter is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this chapter shall not be affected thereby.
7. Rules For Interpretation of District Boundaries
When interpretation is needed for preparation of a development plan, the boundaries of the floodway and floodway fringe overlay districts shall be determined by reviewing the Flood Insurance Study, the FIRM, or other available data. Where interpretation is needed as to the exact location of the boundaries of the districts, the Floodplain Administrator shall make the necessary interpretation based upon data available. The Floodplain Administrator shall maintain the FIRM, Flood Insurance Study and other engineering studies relating to flood data. In such cases where the interpretation is contested, the Federal Emergency Management Agency (FEMA) will resolve the dispute. The owner of property of which the regulatory flood elevation is in question shall be given a reasonable opportunity to present his/her case to the Floodplain Administrator and to submit his/her own technical evidence, if he/she so desires.
1. Floodplain Administrator
2. Floodplain Development Permit
A floodplain development permit is required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in subsection C.1. 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.
3. Duties And Responsibilities Of Floodplain Administrator
a. Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this chapter have been satisfied;
b. Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State, or local governmental agencies from which prior approval is required by Federal, State, or local law;
g. Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures in areas covered by this chapter;
h. Verify and maintain a record of the actual elevation (in relation to mean sea level) that the new or substantially improved non-residential structures have been floodproofed in areas covered by this chapter; and
i. When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect registered in the state of Kansas.
4. Application For Floodplain Development Permit
a. Describe the land on which the proposed work is to be done by lot, block and tract, house and street address, or similar description that will readily identify and specifically locate the proposed structure or work;
c. Indicate the use or occupancy for which the proposed work is intended;
h. Be accompanied by plans and specifications for proposed construction that meet the requirement of both this section and City’s design criteria; and
i. Be signed by the permittee or authorized agent who may be required to submit evidence to indicate such authority.
(1) A plan prepared by a registered engineer in the state of Kansas which includes typical valley cross sections and profiles showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be affected by the proposed development, and elevation of the fully developed 100-year flood.
(2) Plan: surface view, showing elevations or contours of ground; pertinent structure, fill or storage elevations; size, location and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, sanitary facilities, and other data that will assist the Floodplain Administrator to make a determination of flooding.
E. General Standards for Flood Hazard Reduction
1. No permit for floodplain development shall be granted for new construction, substantial-improvements, and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A zones, AE, AO, and AH zones, unless the conditions of this section are satisfied.
2. All areas identified as unnumbered A zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A zones is subject to all provisions of this section. If Flood Insurance Study data is not available, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources.
3. Until a floodway is designated, no new construction, substantial improvements, or other development, including fill, shall be permitted within any unnumbered or numbered A zones, or AE zones on the FIRM, unless it is demonstrated 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 foot at any point within the community.
a. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b. Construction with materials resistant to flood damage;
c. Utilization of methods and practices that minimize flood damages;
d. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
e. New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and on-site waste disposal systems be located so as to avoid impairment or contamination from them during flooding; and
(1) all such proposals are consistent with the need to minimize flood damage;
(2) all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage;
(3) adequate drainage is provided so as to reduce exposure to flood hazards; and
5. Storage, Material, and Equipment
a. The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.
b. Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation or if readily removable from the area within the time available after a flood warning.
6. Nonconforming Use
A structure, or the use of a structure or premises that was lawful before the passage or amendment of the chapter, but which is not in conformity with the provisions of this chapter, may be continue subject to the following conditions:
b. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty (50) percent of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination.
7. Grading Changes
a. Any grading changes within the area estimated to be inundated by the 100-year flood, or alterations, modification or relocations of a watercourse within the jurisdiction of the Division of Water Resources, Kansas Department of Agriculture rules and regulations, as authorized by K.S.A. 24-126, and any subsequent revisions thereof, shall insure that the water carrying capacity is maintained. The plans for such changes, modification, alterations or relocations shall be submitted to and approved by the Division of Water Resources, Kansas Department of Agriculture, concurrent with City approval.
b. Floodplain Fill
(3) Be clean soil or rock material free of trash and woody or organic material.
(4) Be compacted to provide necessary stability and resistance to erosion, scouring or settling.
(5) Fill slopes exposed to flood waters shall be protected from erosion by vegetation or armoring depending upon anticipated water velocity.
8. Subdivision and Development Proposal
a. All such proposals are consistent with the need to minimize flood damage;
b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and constructed to minimize or eliminate flood damage;
c. Adequate drainage is provided so as to reduce exposure to flood hazards; and
9. Applicable Engineering Standards and Practice
All construction, improvement, development shall comply with all applicable best engineering practices and standards, and with the City’s Technical Specifications and Design Criteria for Public Improvement Projects manual.
10. Hazardous Materials
11. Cumulative Improvement
A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five calendar years does not exceed fifty (50) percent of the structure's current market value. If the cumulative value of the improvement exceeds fifty (50) percent of the structure's current market value, the structure must be brought into compliance with this subsection E which requires elevation of residential structures to two (2) feet above the base flood elevation or the elevation/floodproofing of non-residential structures to two (2) feet above the base flood elevation.
12. Agricultural Structures
Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale, or manufacturing use included in the structure; a variance has been granted from the floodplain management requirements of this chapter; and a floodplain development permit has been issued.
F. Specific Standards for Flood Hazard Construction
In all areas identified as numbered and unnumbered A zones, AE, and AH Zones, where base flood elevation data have been provided, as set forth in this subsection F, the following provisions are required:
1. Residential Construction
New construction or substantial-improvement of any residential structures on any lot or lots adjacent to or part of the 100-year floodplain, including manufactured homes, shall have the lowest floor, including basements as well as utilities, mechanical and HVAC equipment servicing the building, elevated a minimum of two (2) feet above base flood elevation. The elevation of the lowest floor shall be certified by a licensed land surveyor or professional engineer.
2. Non Residential Construction
New construction or substantial-improvement of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basements as well as utilities, mechanical and HVAC equipment servicing the building, elevated a minimum of two (2) feet above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed to a minimum of two (2) feet above the base flood elevation. A registered professional engineer or architect shall certify 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. The certification shall be provided to the floodplain administrator as set forth in subsection D.3.g, h, and i.
3. 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:
a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and
b. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
G. Prohibited Uses
All structures, manufactured (mobile) homes, manufactured (mobile) home parks, manufactured (mobile) home subdivisions, manufactured (mobile) home sales and display areas, and recreation vehicles storage or sale areas within the 100-year floodplain shall be prohibited.
H. Areas Of Shallow Flooding (AO and AH zones)
Located within the areas of special flood hazard as described in subsection C.1 are areas designated as AO zones. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate. The following provisions apply:
1. AO Zones
a. All new construction and substantial-improvements of residential structures on any lot or lots adjacent to or part of the 100-year floodplain, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two (2) feet if no depth number is specified).
b. All new construction and substantial-improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community FIRM (at least two (2) feet if no depth number is specified) or together with attendant utilities and sanitary facilities be completely floodproofed to that level so that 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.
2. AH Zones
Located within areas of special flood hazard established in subsection C.1 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1. The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
2. The community shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway 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 within the community during the occurrence of the base flood discharge.
4. In unnumbered A zones, the community shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in subsection E.2.
J. Fully Developed Floodplain
The fully developed floodplain is the area located within the area having a drainage area greater than one hundred sixty (160) acres that is likely to be flooded in a 100-year design storm based upon the watershed being fully developed.
1. Residential Construction
New construction and substantial-improvements of residential structures on any lot or lots adjacent to or part of the 100-year floodplain, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of two (2) feet above the fully developed 100-year base flood elevation. The elevation of the lowest floor elevation shall be certified by a licensed land surveyor or professional engineer and submitted to the City of Olathe.
2. Non-Residential Construction
All new construction and substantial-improvements of any commercial, industrial, or other non-residential structures, including manufactured homes, shall have the lowest floor elevation, including basement, elevated a minimum of two (2) feet above the base flood elevation, or together with attendant utility and sanitary facilities, be floodproofed to a minimum of two (2) feet above the base flood elevation. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. The elevation of the lowest floor elevation shall be certified by a licensed land surveyor or professional engineer. Such certification shall be provided to the Floodplain Administrator as set forth in subsection D.3.g, h and i.
3. Require, for all new construction and substantial-improvement 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:
a. A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and
b. The bottom of all openings shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
K. Elevation Certificate
L. Certificate of Floodproofing
For the floodproofing of nonresidential structures, applicants shall provide a certification by a Kansas licensed professional engineer or architect that the floodproofing plans are adequate to be water tight with walls impermeable to the passage of water and can withstand the hydrostatic and hydrodynamic forces associated with the 100-year design storm flood event.
M. Floodplain Management Variance Procedures
1. Board Of Zoning Appeals
The Board of Zoning Appeals shall hear and decide appeals and requests for variances from the floodplain management requirements of this chapter. All requests for appeals and variances shall follow the procedures established in Chapter 18.40 of the Unified Development Ordinance (“UDO”).
2. Responsibility Of Board Of Zoning Appeals
a. 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 Board of Zoning Appeals.
b. The Board of Zoning Appeals 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 chapter.
3. Further Appeals
4. Floodplain Management Variance Criteria
In passing upon such applications for variances, the Board of Zoning Appeals shall consider all technical data and evaluations, all relevant factors, standards specified in other sections of this chapter, and the following criteria:
a. Danger to life and property due to flood damage;
b. Danger that materials may be swept onto other lands to the injury of others;
c. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
d. Importance of the services provided by the proposed facility to the community;
e. Necessity to the facility of a waterfront location, where applicable;
k. 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; streets; and bridges.
5. Conditions For Approving Floodplain Management Variances
a. Generally, variances may be issued for new construction and substantial-improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation, providing items b through f below have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
b. Variances may be issued for the reconstruction, repair, rehabilitation, or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places, or local inventory of historic places upon determination, provided the proposed activity will not preclude the structure’s continued historic designation and the variance is the minimum necessary to preserve the historic character and design of the structure.
e. Variances shall only be issued upon:
(1) showing of good and sufficient cause,
(3) determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or chapters, and
(1) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and
(2) such construction below the base flood level increases risks to life and property.
g. Such notification shall be maintained with the record of all variance actions as required by this chapter.
6. Conditions For Approving Variances For Agricultural Structures
a. Any variance granted for an agricultural structure shall be decided individually based on a case by case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in subsections 4 and 5 of this section.
b. In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed:
(1) All agricultural structures considered for a variance from the floodplain management regulations of this section shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farm houses, cannot be considered agricultural structures.
(3) For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation, must be built with flood-resistant materials in accordance with Subsection E.4.b of this section.
(4) The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structures in accordance with Subsection E.4.a of this section. All of the building's structural components must be capable of resisting specific flood-related forces including hydrostatic, buoyancy, and hydrodynamic and debris impact forces.
(5) Any mechanical, electrical, or other utility equipment must be located above the base flood elevation or flood-proofed so that they are contained within a watertight, flood-proofed enclosure that is capable of resisting damage during flood conditions in accordance with Subsection E.4.d of this section.
(6) The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the one percent annual chance flood event, also referred to as the 100-year flood, contain openings that will permit the automatic entry and exit of flood waters in accordance with Subsection F.1.c of this section.
(7) The agricultural structures must comply with the floodplain management floodway encroachment provisions of Subsection I.2 of this section. No variances may be issued for agricultural structures within any designated floodway, if any increase in flood levels would result during the one percent annual chance flood event, also referred to as the 100-year flood.
(8) Major equipment, machinery, or other contents must be protected from any flood damage.
(a) the issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and
(b) such construction below the base flood level increases risks to life and property.
(11) Such notification shall be maintained with the record of all variance actions as required by this chapter.
(12) Wet-floodproofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
N. Penalties for Violation
Penalties shall be established in Chapter 18.70 of the UDO. Any person who violates this chapter or fails to comply with any of its requirements shall, in addition, pay all costs and expenses. Each day such violation continues, shall be considered a separate offense. Nothing herein contained shall prevent the City or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
The regulations, restrictions, and boundaries set forth in this chapter 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. A copy of such amendments will be provided to the FEMA Region VII office. The regulations of this chapter are in compliance with the NFIP regulations.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning they have in common usage and to give this section 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).
"Agricultural Commodities" means agricultural products and live-stock.
"Area of Shallow Flooding" means a designated AO or AH zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means any area of the structure 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, chapters, and regulations for that community.
“City” means the City of Olathe, Kansas.
"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 walls, shear walls, posts, piers, pilings, or columns.
"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 FIRMs 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:
•the overflow of inland waters;
•the unusual and rapid accumulation or runoff of surface waters from any source; and
•the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item 1.
"Flood Elevation Determination" means a determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent or greater chance of occurrence in any given year.
"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:
•stream channel; and
•other geographic features.
"Flood Insurance Rate Map (FIRM)" means an 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.
"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 chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as floodplain and grading chapters) and other applications of police power. The term describes such state or local regulations, in any combination thereof that 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 flood without cumulatively increasing the water surface elevation more than one foot.
"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 floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
“Fully Developed Floodplain” means a fully developed floodplain district which is defined as an area located within the area having a drainage area greater than one hundred and sixty (160) acres that is likely to be flooded in the 100 year design storm event.
"Functionally Dependent Use" means a use that cannot perform its 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.
"Historic Structure" means any structure that is
•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; 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;
•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
•individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either
by an approved state program as determined by the Secretary of the Interior or
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 chapter.
"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."
"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 Geodetic Vertical Datum (NGVD) of 1929 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 pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
•the site plan;
•an elevation certificate; and
•any other necessary or applicable approvals or authorizations from local, state or federal authorities.
"Person" includes any individual or group of individuals, corporation, 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 SFHA and that any subsurface waters related to the base flood will not damage existing or proposed buildings.
"Recreational Vehicle" means a vehicle which is
•built on a single chassis;
•400 square feet or less when measured at the largest horizontal projections;
•designed to be self-propelled or permanently able to be towed by a light-duty truck; and
•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."
"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 structures, 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 the Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the state or by state statute 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 roofed 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, which have incurred "substantial-damage," regardless of the actual repair work performed. The term does not, however, include either
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
"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 chapter is presumed to be in violation until such time as that documentation is provided.