COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910180
Amending Chapter 40, Code of General Ordinances, commonly
known as Floodplain Management, by repealing Sections 40.1,
"Definitions", 40.2, "Official Floodplain Document", 40.4,
"Issuance of Floodplain Certificate", and 40.6, "Failure to
Comply Constitutes Public Nuisance", and enacting in lieu thereof new
sections of like number and subject matter to retain eligibility of the
National Flood Insurance Program.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section A. That Chapter 40, Code of General
Ordinances, commonly known as Floodplain Management, is hereby amended by
repealing Sections 40.1, "Definitions", 40.2, "Official
Floodplain Document", 40.4, "Issuance of Floodplain
Certificate", and 40.6, "Failure to Comply Constitutes Public
Nuisance", and enacting in lieu thereof new sections of like number and
subject matter to read as follows:
Section 40.1. Definitions.
(a) Generally: For purposes of this chapter,
certain terms and words used herein shall be used, interpreted and defined as
set forth in this section. Unless the context clearly indicates to the
contrary, words used in the present tense include the future tense; words used
in the singular number include the plural; and words used in the plural number
include the singular; the word "herein" means "in the
chapter"; the word "shall" is mandatory; and the masculine
includes the feminine.
(b) Alteration: Any change in the contours of the
land, either by excavation or fill, in excess of one (1) foot; provided,
however, that excavation for utility connections shall not be included.
(c) Architect: Any architect registered, in good
standing, and legally authorized to practice architecture in the State of
Missouri.
(d) Base flood elevation: The elevations
identified in the Official Floodplain Document in Part II, flood insurance rate
map.
(e) Encroachment: A walled and roofed enclosure,
a building, a structure or other type of installation, but excluding any
addition or modification to any existing walled and roofed enclosure, building,
structure or other installation; or any paving, drilling operation or storage
of equipment or materials.
(f) Flood insurance study: That study prepared and
issued by the Federal Insurance Administration pursuant to the National Flood
Insurance Act of 1968, as amended, 42 USC 4001-4127, including the flood
insurance rate maps and flood boundary and floodway maps, and subsequent
amendments thereto.
(g) Official Floodplain Document: That document
adopted by this Chapter which sets forth areas of substantial flooding that are
based upon the flood insurance study, amendments thereto, and engineering and
hydraulic information and that constitute a possible danger to the health and
safety of Kansas City residents.
(h) Owner: The real and actual owner of the fee
title, the life tenant, occupant, tenant, lessee, tenant at will, tenant at
sufferance, person in lawful possession, adverse possessor, and any other
person, firm, partnership, corporation or association asserting or having any
possessory right, title or interest in any lot, tract or parcel of land in the
City.
(i) Person: An individual, corporation,
partnership or an unincorporated association.
(j) Professional engineer: Any engineer
registered, in good standing, and legally authorized to practice engineering in
the State of Missouri.
(k) Regulatory flood: A flood of 100-year
frequency or a flood which has a one (1) percent chance of occurring each year,
as statistically calculated.
(l) Regulatory flood level: Water surface
elevation necessary to discharge a regulatory flood and more specifically
identified in the Official Floodplain Document as "Regulatory flood
level" in the Flood Insurance Study adopted as part of said Official
Floodplain Document.
(m) Regulatory floodplain: The channel of a river
or other watercourse and the land adjacent thereto, regardless of physical
obstructions, which is subject to inundation in the event of a regulatory flood
and which is subsequent to restrictions.
(n) Regulatory floodway: The channel of a river or
other watercourse and the adjacent land areas that must be reserved in order to
discharge the regulatory flood, the boundaries of which are indicated in the
Official Floodplain Document.
(o) Substantial damage: Damage of any origin
sustained by a structure whereby the cost of restoring the structure to its
before damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
(p) Substantial improvement: Any reconstruction,
rehabilitation, addition or other improvement of encroachment, the cost of
which equals or exceeds 50 percent of the market value of the encroachments
before the "start of construction" of the improvement and includes
structures which have incurred "substantial damage", regardless of
the actual repair work performed. However, the term does include either (1)
any reconstruction or improvement of an encroachment to comply with existing
state or local health, sanitary or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions or (2) any encroachment listed in
the National Register of Historic Places or the state inventory of historic
places provided that the alteration will not preclude the continued designation
of the structure as historic.
Section 40.2. Official Floodplain Document.
(a) The Official Floodplain Document is hereby
adopted as the Flood Insurance Study, including the floodway maps and flood
insurance rate maps, effective date September 14, 1990 as promulgated by the US
Federal Emergency Management Agency, and which are attached hereto and made a
part hereof.
(b) The City Clerk shall at all times maintain a
copy of the Official Floodplain Document in his office for public inspection.
A duplicate original of the Official Floodplain Document shall also be on file
with the Director of Codes Administration.
Section 40.4. Issuance of floodplain certificate.
(a) The applicant for a floodplain certificate
shall submit plans prepared by a professional engineer to the Director of Codes
Administration. Said plans shall show the location and nature of the proposed
alteration, encroachment or substantial improvement; shall be drawn to the
City's horizontal and vertical control data; and shall be accompanied by storm
water runoff calculations prepared in accordance with the City's "Design
Criteria for Storm Sewers and Appurtenances", as heretofore adopted by the
Director of Public Works and as may be amended from time to time hereafter.
(b) The applicant shall supply all sufficient
information necessary for a determination of the regulatory floodplain and
regulatory floodway, if required.
(c) Based upon the determination of the regulatory
flood level, the Director of Codes Administration shall issue a certificate
provided the following applicable requirements are met:
(1) That there is no calculable increase in the
regulatory flood level in the occurrence of a regulatory flood
within the particular regulatory floodway.
(2) That any encroachment or substantial
improvement for a residential structure has the lowest floor
(including
basement) elevated to or above the highest level
identified in the Official Floodplain Document
as "base
flood elevation".
(3) That any encroachment or substantial
improvement for a nonresidential structure has the lowest floor
(including
basement) elevated to or above the highest
level
identified in the Official Floodplain Document
as "base
flood elevation"; or be floodproofed to
that level in
accordance with Chapter 9, Code of General
Ordinances.
(4) That any encroachment or substantial
improvement for a residential structure has the lowest floor
(including
basement) elevated above the highest adjacent
grade at
least as high as the depth number specified in
the
Official Floodplain Document Part II for areas
of
100-year shallow flooding where depths are
between one
(1) and three (3) feet but base flood
elevations are not
shown.
(5) That any encroachment or substantial improvement
for a nonresidential structure has the lowest floor (including
basement) elevated above the highest adjacent
grade at
least as high as the depth number specified in
the
Official Floodplain Document Part II for areas
of
100-year shallow flooding where depths are
between one
(1) and three (3) feet but base flood
elevations are not
shown or to be floodproofed to that level in
accordance
with Chapter 9, Code of General Ordinances.
(6) That adequate drainage paths around any
encroachment or substantial improvement on slopes be provided to
guide
floodwaters around and away from any
encroachment or
substantial improvement.
(d) The Director of Codes Administration shall
maintain a permanent record of all certificates issued.
(e) Issuance of a floodplain certificate shall not
be interpreted to relieve conformance with other regulations nor be construed
to authorize the issuance of any other appropriate permit.
(f) In those instances in which a permit is sought
to repair, replace, restore, reconstruct or rehabilitate an alteration,
encroachment or substantial improvement, evidence must be produced by the
applicant as to the value of the alteration, encroachment or substantial
improvement prior to the date of the event which precipitated such application
and the anticipated value after work is complete.
Section 40.6. Failure to comply constitutes public
nuisance.
(a) After November 5, 1978, any alteration,
encroachment or substantial improvement within any area designated as a
regulatory floodplain in the Official Floodplain Document which is in violation
of the Chapter shall constitute a public nuisance.
(b) After April 1, 1991, any alteration,
encroachment or substantial improvement within any area designated as a
regulatory floodplain in the Official Floodplain Document and which has
suffered substantial damage and which is not repaired within thirty (30) days
after the date of the damage shall constitute a public nuisance.
(c) For purposes of this Chapter, any alteration,
encroachment or substantial improvement within any area designated as a
regulatory floodplain in the Official Floodplain Document which is in violation
of this Chapter shall be presumed to affect the regulatory flood level and
regulatory floodplain as to endanger the public health, safety and welfare.
_____________________________________________
Approved as to form and
legality:
___________________________________
Assistant City Attorney