Kan. Admin. Regs. § 5-44-4 - Floodplain management; zoning regulations; minimum standards and criteria
Any zoning regulation which regulates
(a) Flood hazard areas shall be identified as
follows:
(1) The flood hazard area subject to
floodplain management zoning regulation shall be identified by reference to a
specific map used to identify the flood hazard. The identification of the map
shall include the preparer of the map and the date it was prepared.
(2) When the flood hazard map is revised and
republished with a new effective date, the governing body's floodplain
management zoning regulations shall amend the zoning regulations to adopt the
new map by reference.
(b) The development standards shall meet or
exceed the minimum requirements of the national flood insurance act of 1968, as
amended, 42 U.S.C. Section 4001 et seq. and the regulations
adopted pursuant to that act.
(c)
Any development standards adopted by the governing body for which minimal
requirements have been set by the chief engineer in K.A.R. 5-45-1 et
seq. shall meet or exceed the requirements of the chief engineer .
(d) The governing body shall
designate a local floodplain administrator by position or job title. The local
floodplain administrator's responsibilities shall include:
(1) the review and issuance of floodplain
development permits;
(2) the
conduct or direction of appropriate inspections;
(3) the maintenance of any records necessary
to document compliance with floodplain development permit conditions; and
(4) any other matters deemed
appropriate by the governing body.
(e) The governing body shall designate by
position or job title an enforcement officer who is responsible to enforce the
actions of the local floodplain administrator.
(f) The local floodplain administrator and
enforcement officer may be combined in a single position or job title.
(g) If any part of a proposed
development is located within the floodplain, an application for floodplain
development permit shall be made to the local floodplain administrator. The
application for a floodplain development permit shall contain:
(1) Sufficient detail for the local
floodplain administrator to determine the nature of proposed development and
whether permits or approvals are needed from the governing body, state or
federal authorities, especially any permits or approvals that may be required
by K.S.A.
24-126 or
K.S.A.
82a-301
et seq. and their
respective regulations; and
(2)
Written documentation of adequate protection from damages which could be caused
by the base flood.
(h)
If the proposed residential development will be located in an area designated
as zone AO on a flood insurance rate map (FIRM), any new or substantially
improved residential structure shall have the lowest floor (including the
basement ) elevated above the highest adjacent natural grade at least as high as
the depth number specified in feet on the FIRM. If no depth number is specified
on the FIRM, it shall be elevated at least two feet above the highest adjacent
natural grade.
(i) If the proposed
non-residential development will be located in an area designated as zone AO on
a FIRM, any new or substantially improved non-residential structure shall be
dry flood proofed or elevated to at least as high as the depth number specified
in feet on the FIRM above the highest adjacent natural grade. If no depth
number is specified on the FIRM, it shall be dry flood proofed or elevated at
least two feet above the highest adjacent natural grade.
(j) If zone AO is not specified on the FIRM,
or the proposed development will be located in the floodplain outside zone AO,
then the lowest floor of any new or substantially improved residential
structure shall be elevated at least one foot above the base flood elevation.
The elevation of the lowest floor shall be certified by a licensed land
surveyor.
(k) If zone AO is not
specified on the FIRM, or the proposed development will be located in the
floodplain outside zone AO, then any new or substantially improved
non-residential structure shall be dry flood proofed or elevated to at least
one foot above the base flood elevation. The elevation of the lowest floor
shall be certified by a licensed land surveyor. If the structure is dry flood
proofed, a licensed architect or a licensed professional engineer shall certify
that the design and methods of construction of the dry flood proofing meet or
exceed the minimum requirements of the national flood insurance act of 1968, as
amended, 42 U.S.C. Section 4001 et seq. and the regulations adopted pursuant to
that act.
Notes
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No prior version found.