[Ord. No. 1054 Art. 8, 9-11-2002; Ord. No. 1288, 2-27-2009]
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 Chapter its most reasonable
application.
AGENCY
The Federal Emergency Management Agency (FEMA).
APPEAL
A request for review of the Floodplain Administrator's interpretation
of any provision of this Chapter or a request for a variance.
APPURTENANT STRUCTURE
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent (1%) 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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
BASEMENT
Any area of the structure having its floor subgrade (below
ground level) on all sides.
CHIEF ENGINEER
The chief engineer of the Division of Water Resources, Kansas
Department of Agriculture.
COMMUNITY
Any State or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
COMPENSATORY STORAGE
An artificially excavated, hydrologically equivalent volume
of storage within the SFHA used to balance the loss of natural storage
capacity when encroachments are placed within the floodplain.
DEVELOPMENT
Any manmade 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. Development
does not include:
1.
Maintenance of existing buildings or facilities such as reroofing,
residing or resurfacing of roads when there is no increase in the
building footprint, ground or road surface elevation;
2.
Gardening, tilling, plowing or similar agricultural practices
that do not involve filling, grading, terracing of land or construction
of levees;
3.
Erection of a storage shed, accessory building, fence or playground
equipment that:
a.
Has a footprint of less than eighty (80) square feet;
b.
Is not located in a floodway or within ten (10) feet of a property
line; and
c.
Is properly anchored to withstand surface water flows.
ELEVATED BUILDING
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
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
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
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
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
1.
The overflow of inland waters;
2.
The unusual and rapid accumulation or runoff of surface waters
from any source; and
3.
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 Subparagraph (1).
FLOOD ELEVATION DETERMINATION
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
FLOOD ELEVATION STUDY
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOOD FRINGE
The area outside the floodway encroachment lines but still
subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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
The document adopted by the Governing Body showing the limits
of:
5.
Other geographic features.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOODPLAIN MANAGEMENT
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
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, that provide standards for the purpose of flood damage prevention
and reduction.
FLOODPROOFING
Any combination of structural and non-structural 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
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 (1) foot.
FREEBOARD
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.
FUNCTIONALLY DEPENDENT USE
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.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
1.
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;
2.
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;
3.
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
4.
Individually listed on a Local Inventory of Historic Places
in communities with historic preservation programs that have been
certified either:
a.
By an approved State program as determined by the Secretary
of the Interior; or
b.
Directly by the Secretary of the Interior in States without
approved programs.
LOWEST FLOOR
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
A structure, transportable in one (1) 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
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).
MEAN SEA LEVEL
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.
NATURAL GRADE
Surface topography of the earth prior to changes made by
human activity such as, but not limited to, grading, terracing or
filling.
NEW CONSTRUCTION
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
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.
NFIP
The National Flood Insurance Program (NFIP).
PERMIT
A signed document from a designated community official authorizing
development in a floodplain, including all necessary supporting documentation
such as:
2.
An elevation certificate; and
3.
Any other necessary or applicable approvals or authorizations
from local, State or Federal authorities.
PERSON
Any individual or group of individuals, corporation, partnership,
association or any other entity, including Federal, State and local
governments and agencies.
PRINCIPALLY ABOVE GROUND
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
REASONABLY SAFE FROM FLOODING
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
A vehicle which is:
1.
Built on a single chassis;
2.
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
3.
Designed to be self-propelled or permanently able to be towed
by a light-duty truck; and
4.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
REMEDY A VIOLATION
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 non-compliance.
RISK PREMIUM RATES
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 HAZARD AREA
An area having special flood hazards and shown on a 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 one hundred eighty (180) days of the permit
date. The "actual start" means either the first (1st)
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
(1st) 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
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
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
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to pre-damaged condition would equal
or exceed forty percent (40%), or another lesser value of the community's
choosing, of the market value of the structure before the damage occurred.
Substantial damage also means flood-related damage sustained by a
structure on two (2) separate occasions during a continuous ten (10)
year period for which the cost of repairs at the time of each flood
event, on the average, equals or exceeds twenty-five percent (25%)
of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTS
Any reconstruction, rehabilitation, or other improvement
of a structure, the cost of which equals or exceeds forty percent
(40%), or another lesser percent of the community's choosing, of the
market value of the structure before "start of construction" of the
improvement; or any addition to a building that occurs outside the
footprint of the building. This term includes structures which 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".
When the combined total of improvements or repairs made to the
structure in the previous ten (10) years equals or exceeds fifty percent
(50%) of the structure's market value, that structure is considered
a substantial improvement.
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VARIANCE
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
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.
WATER SURFACE ELEVATION
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 floodplain riverine areas.