HomeMy Public PortalAboutOrd 452 Model Floodplain Management
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(First Published in the Ark Valley News
on the _ day of ,2007.)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. LfS:Z
AN ORDINANCE REGULATING AND MANAGING
FLOODPLAINS WITHIN THE CORPORATE LIMITS OF THE
CITY OF BEL AIRE, KANSAS BY INCORPORATING BY
REFERENCE A "MODEL FLOODPLAIN MANAGEMENT
ORDINANCE."
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,
KANSAS:
Section 1. IncorporatinaModel Floodplain Manaaement Ordinance
There is hereby incorporated by reference, for the purpose of regulating and
managing floodplains within the corporate limits of the City of Bel Aire, Kansas, a "Model
Floodplain Management Ordinance." No fewer than three (3) copies of said Model
Floodplain Management Ordinance shall be marked "Official Copy as adopted by
Ordinance No. Ll'52-. "and filed with the City Clerk to be open to inspection and
available to the public at all reasonable hours.
Section 2.
Effective Date
This Ordinance shall take effect and be in force from and after its publication in the
official city newspaper. '
Passed by the City Council this ) &. tic day of .~
rt, F=
Approved by the Mayor this / fr - day of . "
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,2007.
,2007.
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SEAL
ATTEST:
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CI CL K, BETTY MARTINE
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MODEL FLOODPLAIN MANAGEMENT ORDINANCE
"Official Copy as adopted by Ordinance No.1s,1, "
ARTICLE 1 STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES
SECTION A. STATUTORY AUTHORIZATION
1. Approval of Draft Ordinance by Kansas Chief Engineer Prior to Adoption
The following floodplain management regulations, as written, were approved in draft form by the
Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture on
..../<3../'1<..<<,>", $ 2007.
2.
Kansas Statutory Authorization
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The Legislature of the State of Kansas has in K.S.A. 12-741 et seq, and specifically in K.S.A. 12-
766, delegated the responsibility to local governmental units to adopt floodplain management
regulations designed to protect the health, safety, and general welfare. Therefore, the Governing
Body of the City of Bel Aire, Kansas, ordains as follows:
SECTION B. FINDINGS OF FACT
1. Flood Losses Resultingfrom Periodic Inundation
The special flood hazard areas of City of Bel Aire, 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. General Causes of the Flood Losses
These flood losses are caused by (1) the cumulative effect of development in any delineated
floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood hazard
areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or otherwise
unprotected from flood damages.
. SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and general welfare; to minimize
those losses described in Article 1, Section B(l); to establish or maintain the community's eligibility for
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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(b) and K.A.R. 5-44-4 by applying the
provisions of this ordinance to:
1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding or cause
undue increases in flood heights or velocities;
2. Require uses vulnerable to floods, including public facilities that serve such uses, be provided with
flood protection at the time of initial construction; and
3. Protect individuals from buying lands that are unsuited for the intended development purposes due to
the flood hazard.
ARTICLE 2 GENERAL PROVISIONS
SECTION A. LANDS TO WHICH ORDINANCE APPLIES
This ordinance shall apply to all lands within the jurisdiction of the City of Bel Aire identified as
unnumbered A zones on the Index Map dated February 2,2007 ofthe Flood Insurance Rate Map (FIRM) or
the Index Map dated February 2, 20070fthe Flood Hazard Boundary Map (FHBM) as amended, 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 Governing Body of the City of Bel.
Aire or its duly designated representative under such safeguards and restrictions as the Governing
Body of the City of Bel Aire 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
Article 4.
SECTION B. COMPLIANCE
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 ordinance and other
applicable regulations.
SECTION C. ABROGATION AND GREATER RESTRICTIONS
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed
restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance
shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the
inconsistency only.
SECTION D. INTERPRETATION
In their interpretation and application, the provisions of this ordinance 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 Kansas statutes.
SECTION E. WARNING AND DISCLAIMER OF LIABILITY
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The degree of flood protection required by this ordinance 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 ordinance does not imply that areas outside unnumbered A zones or land uses
permitted within such areas will be free from flooding or flood damage. This ordinance shall not create a
liability on the part of the City of BelAire, any officer or employee thereof, for any flood damages that may
resultfrom reliance on this ordinance or any administrative decision lawfully made thereunder.
SECTION F. SEVERABILITY
If any section; clause; provision;. or portion of this ordinance is adjudged unconstitutional or invalid by a
court of appropriate jurisdiction, the remainder of this ordinance shall not be affected thereby.
ARTICLE 3 ADMINISTRATION
SECTION A. FLOODPLAIN DEVELOPMENT PERMIT
A floodplain development permit shall be required for all proposed construction or other development,
including the placement of manufactured homes, in the areas described in Article 2, Section A. 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.
SECTION B. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Zoning Administrator of the City of Bel Aire is hereby appointed to administer and implement the
provisions of this ordinance as the Floodplain Administrator.
SECTION C. DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR
Duties of the Floodplain Administrator shall include, but not be limited to:
1. 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 ordinance have been
satisfied;
2. 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;
3. Review all subdivision proposals and other proposed new development, including manufactured
home parks or subdivisions, to determine whether such proposals will be reasonably safe from
flooding;
4.
Issue floodplain development permits for all approved applications;
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5.
Notify adjacent commumtIes and the Division of Water Resources, Kansas Department of
Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of such
. notification to the Federal Emergency Management Agency (FEMA);
6. Assure that the flood-carrying capacity is not diminished and shall be maintained within the altered
or relocated portion of any watercourse; and
7. 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;
8. 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; and
9. When floodproofmg techniques are utilized for a particular non-residential structure, the Floodplain
Administrator shall require certification from a registered professional engineer or architect.
SECTION D. APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT
To obtain a floodplain development pe~it, the applicant shall first file an application in writing on a fonn
furnished for that purpose. Every floodplain development permit application shall:
1.
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 building
or work;
2. Identify and describe the work to be covered by the floodplain development permit;
3. Indicate the use or occupancy for which the proposed work is intended;
4. Indicate the assessed value of the structure and the fair market value of the improvement;
5. Identify the existing base flood elevation and the elevation of the proposed development;
6. Give such other information as reasonably may be required by the Floodplain Administrator;
7. Be accompanied by plans and specifications for proposed construction; and
8. Be signed by the permittee or his authorized agent who may be required to submit evidence to
indicate such authority.
ARTICLE 4 PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
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
unnumbered A zone unless the conditions of this section are satisfied.
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2.
All areas identified as unnumbered A zones on the Flood Insurance Rate Map (FIRM) or Flood
Hazard Boundary Map (FHBM) 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 ordinance. 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. All new construction, subdivision proposals, substantial-improvements, prefabricated buildings,
placement of manufactured homes, and other developments shall require:
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; and
f. Subdivision proposals and other proposed new development, including manufactured home
parks or subdivisions, located within special flood hazard areas are required to assure that:
(1)
(2)
All such proposals are consistent with the need to minimize flood damage;
All public utilities and facilities, such as sewer, gas, electrical, and water systems are
located and constructed to minimize or eliminate flood damage;
(3)
(4)
Adequate drainage is provided so as to reduce exposure to flood hazards; and
All proposals for development, including proposals for manufactured home parks and
subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within
such proposals base flood elevation data.
4. 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.
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5.
Nonconforming Use
A structure, or the use of a structure or premises that was lawful before the passage or amendment of
the ordinance, but which is not in conformity with the provisions of this ordinance, may be continued
subject to the following conditions:
a. If such structure, use, or utility service is discontinued for six consecutive months, any future
use of the building shall conform to this ordinance.
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.
6.
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 andwet':'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 ordinance; and a floodplain development permit has been issued.
7.
Accessory Structures
Structures used solely for parking and limited storage purposes, not attached to any other structure on
the site, oflimited investment value, and not larger than 400 square feet, may be constructed at-grade
and wet-floodproofed provided there is no human habitation or occupancy of the structure; the struc-
ture is of single-wall design; a variance has been granted from the standard floodplain management
requirements of this ordinance; and a floodplain development permit has been issued.
8. Critical Facilities
a.
All new or substantially improved critical nonresidential facilities including, but not limited,
to governmental buildings, police stations, fire stations, hospitals, orphanages, penal
institutions, communication centers, water and sewer pumping stations, water and sewer
treatment facilities, transportation maintenance facilities, places of public assembly,
emergency aviation facilities, and schools shall be elevated above the .2 percent annual
chance flood event, also referred to as the 500-year flood level or together with attendant
utility and sanitary facilities, be floodproofed so that below the 500-year flood level the
structure is water tight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic loads
and the effects of buoyancy. A registered professional engineer or architect shall certify that
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the standards of this subsection are satisfied. Such certification shall be provided to the
Floodplain Administrator as set forth in Article 3, Section C(7)(8)(9).
b.
All critical facilities shall have access routes that are above the elevation of the 500-year
flood.
c.
No critical facilities shall be constructed in any designated floodway.
9. Hazardous Materials
All hazardous material storage and handling sites shall be located out of the special flood hazard
area.
10.
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 50 percent of the structure's current market value. If the cumulative value of the
improvement exceeds 50 percent of the structure's current market value, the structure must be
brought into compliance with Article. 4, Section B(l) which requires elevation of residential
structures to or above the base flood elevation or the elevation/floodproofing of non-residential
structures to or above the base flood elevation.
SECTION B. SPECIFIC STANDARDS
1. In all areas of special flood hazard, once base flood elevation data is obtained, as set forth in Article
4, Section A(2), the following provisions are required:
a. Residential Construction
New construction or substantial-improvement of any residential structure, including
manufactured homes, shall have the lowest floor, including basement, elevated to a
minimum of one (1) foot above base flood level. The elevation ofthe lowest floor shall be
certified by a licensed land surveyor.
b.
Non-Residential Construction
New construction or substantial-improvement of any commercial, industrial, or other
non-residential structure, including manufactured homes, shall have the lowest floor,
including basement, elevated a minimum of one (1) foot above the base flood level or,
together with attendant utility and sanitary facilities, be floodproofed so that below the base
flood level 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. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied. The elevation of the lowest
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floor shall be certified by a licensed land surveyor. Floodplain Administrator as set forth
in Article 3, Section C (7)(8)(9).
d.
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
floodwaters. Designs for meeting this requirement must either be certified by a registered
professionalengiIieer or architect or meet or exceed the following minimum criteria:
(1) 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
(2) The bottom of all opening 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 floodwaters.
2. In all areas of special flood hazard, once floodway data is obtained, as set forth in Article 4, Section
A(2), the following provisions are required:
a. The designated floodway shall be based on the standard that the area chosen for the floodway
must be designed to carry the waters of the base flood, without increasing the water surface
elevation more than one (1) foot at any point; and
b.
The community shall prohibit any encroachments, including fill, new consn:uction,.
substantial-improvements, and other development within the designated 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.
SECTION C. MANUFACTURED HOMES
1. All manufactured homes to be placed within special flood hazard areas shall be required to be
installed using methods and practices that minimize flood damage. For the purposes of this
requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or
lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors.
2. Require manufactured homes that are placed or substantially improved within unnumbered A zones
on the community's FIRM or FHBM on sites:
a. Outside of a manufactured home park or subdivision;
b. In a new manufactured home park or subdivision;
c.
In an expansion to an existing manufactured home park or subdivision; or
d. In an existing manufactured home park or subdivision on which a manufactured home has
incurred "substantial-damage" as the result of a flood, be elevated on a permanent foundation
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such that the lowest floor of the manufactured home is elevated to a minimum of one (1) foot
above the base flood level and be securely attached to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement. The elevation ofthe lowest floor
shall be certified by a licensed land surveyor.
3.
Require that manufactured homes to. be placed or substantially improved on sites in an existing
manufactured home parkor subdivision within unnUmbered A zones on the community's FIRM or
FHBM, that an; not subject to the provisions of Article 4, Section C(2) of this ordinance, be elevated
so that either: .
a. The lowest floor of the manufactured home is a minimum of one (1) foot above the base
flood level; or
b. The manufactured home chassis is supported by reinforced piers or other foundation
elements of at least equivalent strength that are no less than thirty-six (36) inches in height
above grade and be securely attached to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement. The elevation of the lowest floor shall be
certified by a licensed land surveyor.
SECTION D. RECREATIONAL VEHICLES
Require that recreational vehicles placed on sites within unnumbered A zones on the community's FIRM or
FHBM either:
1. Be on the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use*; or
3. Meet the permitting, elevating, and the anchoring requirements for manufactured homes of this
ordinance.
* 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.
ARTICLE 5 FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
SECTION A. ESTABLISHMENT OF APPEAL BOARD
The of Zoning Appeals, as established by the Zoning Regulations of the City of Bel Aire, Kansas shall hear
and decide appeals and requests for variances from the floodplain management requirements of this
ordinance.
. SECTION B. RESPONSIBILITY OF APPEAL BOARD
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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
Article 5, Section 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 ordinance.
SECTION C. FURTHER APPEALS
Any person aggrieved by the decision of the Appeal Board or any taxpayer may appeal such decision to the
District Court of the County as provided in K.S.A. 12-759 and 12-760~
SECTION D. FLOODPLAIN MANAGEMENT VARIANCE CRITERIA
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 ordinance, and the foHowing
criteria:
1. Danger to life and property due to flood damage;
2. Danger that materials may be swept onto other lands to the injury of others;
3.
Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage
on the individual owner;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations, not subject to flood damage, for the proposed use;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain management program for
that area;
9. Safety of access to the property in times of flood for ordinary and emergency vehicles;
10. Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if
applicable, expected at the site; and,
11.
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.
SECTION E. CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT VARIANCES
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1.
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 level, providing items two (2) through six (6) below have been
fully considered. As the lot size increases beyond the one-half acre, the technical justification
required for issuing the variance increases.
2. Variances may be issued for the reconstruction, 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.
3. Variances shall not be issued within any designated floodway if any increase in flood levels during
the base flood discharge would result.
4. Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
5. Variances shall only be issued upon: (a) showing of good and sufficient cause, (b) determination that
failure to grant the variance would result in exceptional hardship to the applicant, and (c)
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 ordinances.
6.
A community shall notify the applicant in writing over the signature of a community official that: (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.
Such notification shall be maintained with the record of all variance actions as required by this
ordinance.
SECTION F. CONDITIONS FOR APPROVING VARIANCES FOR AGRICULTURAL STRUCTURES
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 Article 5, Sections D and E of this ordinance.
In order to minimize flood damages during the 1 OO-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 ordinance 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 farmhouses, cannot be considered agricultural
structures.
2. Use of the varied structures must be limited to agricultural purposes in zone A only as identified on
the community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map (FHBM).
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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
Article 4, Section A (3)(b) of this ordinance.
4.
The agricultural structures must be adequately anchored to prevent flotation, collapse, or lateral
movement of the structures in accordance with Article 4, Section A (3)(a) of this ordinance. 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 floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable
of resisting damage during flood conditions in accordance with Article 4, Section A (3)(d) of this
ordinance.
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 floodwaters in accordance with Article 4, Section B (1 )( c) of this
ordinance.
7.
The agricultural structures must comply with the floodplain management floodway encroachment
provisions of Article 4, Section B(2)(b) of this ordinance. No variances may be issued for agricul-
tural 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.
9. No disaster relief assistance under any program administered by any Federal agency shall be paid for
any repair or restoration costs of the agricultural structures.
10. A community shall notify the applicant in writing over the signature of a community offIcial that (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.
Such notifIcation shall be maintained with the record of all variance actions as required by this
ordinance.
11. W et- 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.
. SECTION G. CONDITIONS FOR APPROVING VARIANCES FOR ACCESSORY STRUCTURES
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Any variance granted for an accessory 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 Article 5, Sections D and E of this ordinance.
In order to minimize flood damages during the one percent annual chance flood event, also referred to as the
1 DO-year flood and the threat to public health and safety, the following conditIons shall be included for any
variance issued for accessory structures that are constructed at-grade and wet-floodproofed.
1. Use of the accessory structures must be solely for parking and limited storage purposes in zone A
only as identified on the community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary
Map (FHBM).
2. For any new or substantially damaged accessory 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
Article 4, Section A (3)(b) of this ordinance.
3. The accessory structures must be adequately anchored to prevent flotation, collapse, or lateral
movement of the structure in accordance with Article 4, Section A (3)(a) of this ordinance. 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.
4.
Any mechanical, electrical, or other utility equipment must be located above the base flood elevation
or floodproofed so that they are contained within a watertight, floodproofed enclosure that is capable
of resisting damage during flood conditions in accordance with Article 4, Section A (3)( d) of this
ordinance.
5. The accessory structures must meet all National Flood Insurance Program (NFIP) opening require-
ments. The NFIP requires that enclosure or foundation walls, subject to the 1 OO-year flood, contain
openings that will permit the automatic entry and exit of floodwaters in accordance with Article 4,
Section B (1)( c) of this ordinance.
6. The accessory structures must comply with the floodplain management floodway encroachment
provisions of Article 4, Section B (2)(b) of this ordinance. No variances may be issued for accessory
structures within any designated floodway, if any increase in flood levels would result during the
100-year flood.
7. Equipment, machinery, or other contents must be protected from any flood damage.
8. No disaster relief assistance under any program administered by any Federal agency shall be paid for
any repair or restoration costs of the accessory structures.
9.
A community shall notify the applicant in writing over the signature of a community official that (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.
Such notification shall be maintained with the record of all variance actions as required by this
ordinance.
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Wet-floodproofing construction techniques must be reviewed and approved by the community and
registered professional engineer or architect prior to the issuance of any floodplain development
permit for construction.
SECTION H. CONDITIONS FOR APPROVING VARIANCES FOR TEMPORARY STRUCTURES
Any variance granted for a temporary 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 Article 5, Sections D and E of this ordinance.
1. A temporary structure may be considered for location within the one percent annual chance flood
event, also referred to as the 1 DO-year floodplain only when all of the following criteria are met:
a. Use of the temporary structure is unique to the land to be developed and cannot be located
outside of the floodplain nor meet the NFIP design standards;
b. Denial of the temporary structure permit will create an undue hardship on the property
owner;
c.
Community has adopted up-to-date NFIP and building regulations to direct placement and
removal of the temporary structure; and,
d. Community has sufficient staff to monitor the placement, use, and removal of the temporary
structure throughout the duration of the permit.
2. Once all of the above conditions are met, an application for a special use permit must be made to the
Bel Aire City Council. The Bel Aire City Council shall consider all applications for special use
permits for a temporary structure based on the following criteria:
a. The placement of any temporary structure within the special flood hazard areas as shown on
the community's adopted FEMAlNFIP map shall require an approved special use permit. The
special use permit shall be valid for a period not to exceed J 80 days.
b. Special use permits applications, for a temporary structure to be located in special flood
hazard areas, shall conform to the standard public hearing process prior to any community
action on the permit request.
c. An emergency plan for the removal of the temporary structure that includes specific removal
criteria and time frames from the agency or firm responsible for providing the manpower,
equipment, and the relocation and disconnection of all utilities shall be required as part of the
special use permit application for the placement of any temporary structure.
d.
On or before the expiration of the end of the 180 day special use permit period, the temporary
structure shall be removed from the site. All utilities, including water, sewer,
communication, and electrical services shall be disconnected.
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e.
To ensure the continuous mobility of the temporary structure for the duration of the permit,
the temporary structure shall retain its wheels and tires, licenses, and towing appurtenance on
the structures at all times.
f. Under emergency flooding conditions, the temporary structure shall be removed immediately
or as directed by the community and as specified in the emergency removal plan.
g. Location of any temporary structure within the regulatory floodway requires the provision of
a "no-rise" certificate by aregistered professional engineer.
h. Violation of or non-compliance with any of the stated conditions of the special use permit
during the term thereof, shall make the permit subject to revocation by resolution of the
governing body of the community. Issuance of permit revocation notice shall be made to the
landowner, the occuparit of the land, and to the general public.
1. Any deviation from the approved site plan shall be deemed a violation of the special use
permit approval and the uses allowed shall automatically be revoked. The subsequent use of
the land shall be as it was prior to the special permit approval. In event of any violation, all
permitted special uses shall be deemed a violation of this ordinance and shall be illegal, non-
conforming uses and shall be summarily removed and abated.
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If the temporary structure is to be returned to its previously occupied site, the process for
issuing a special use permit must be repeated in full. Any subsequent permit shall be valid
for 180 days only.
ARTICLE 6 PENAL TIES FOR VIOLATION
Violation of the provisions of this ordinance or failure to comply with any of its requirements (including
violations of conditions and safeguards established in connection with granting of variances) shall constitute
a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements
shall, upon conviction thereof, be filled not more than $500, and in addition, shall pay all costs and expenses
involved in the case. Each day such violation continues shall 'be considered a separate offense. Nothing
herein contained shall prevent the City o{Bel Aire or other appropriate authority from taking such other
lawful action as is necessary to prevent or remedy any violation.
ARTICLE 7 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 Bel Aire. 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 ofthis ordinance are in
compliance with the NFIP regulations.
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ARTICLE 8 DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give
them the same meaning they have in common usage and to give this ordinance its most reasonable
application.
"IOO-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 livestock.
"Agricultural Structure" means any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
"Appeal" means a request for review of the Floodplain Administrator's interpretation of any provision of
this ordinance 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 the principal structure.
"Area of Special Flood Hazard" is the land in the floodplain within a community subject to a one percent
or greater chance 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.
"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.
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"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.
"Eligible Community" or "Participating Community" means a community for which the Administrator
has authorized the sale of flood insurance under the National 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 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: (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 ofland 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 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 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)" 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").
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"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,
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.
"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.
"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 either (1) by an approved state program as determined by the Secretary ofthe 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 applica~le floodproofmg design requirements ofthis ordinance.
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"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)ofland divided into
two or more manufactured home lots for rent or sale.
"Map" means the Flood Hazard Boundary Map (FHBM) or the Flood Insurance Rate Map (FIRM) 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 constrilction" 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.
"N ew Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for
which the construction offacilities 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 [mal 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)" means the National Flood Insurance Program (NFIP).
"Participating Community" also kriown 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, 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.
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"Recreational Vehicle" means a vehicle which 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 a FIRM or FHBM 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 colunlns, 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 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 NFIP in the state of Kansas.
"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. 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.
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"Substantial-Improvement" means any recanstructian, rehabilitatian, addition, .or other improvement of a
structure, the cast afwhich equals or exceeds 50 percent .of the market value of the structure before "start oj
construction" .of the impravement.. This term includes structures which have incurred "substantial-damage,"
regardless .of the actual repair wark perfarmed. The term daes nat, hawever, include either (1) any praject
for improvement .of a structure ta correct existing vialatians .of state.or lacal health, sanitary, or safety code
specificatians that have been identified by the lacal code enforcement official and which are the minimum
necessary ta assure safe living canditians, .or (2) any alteratian .of a "historic structure, " pravided that the
alteration will not preclude the structure's cantinued designatian as a "historic structure. "
"Temporary Structure" means a structure permitted in a district far a period not ta exceed 180 days and is
required ta be remaved upan the expiratian .of the permit periad. Temparary structures may include
recreational vehicles, temparary canstructian .offices, .or temparary business facilities used until permanent
facilities can be canstructed, but at no time shall it include manufactured homes used as residences.
"Variance" means a grant .of relief by the cammunity fram the terms .of a floadplain management
regulation. Flaad insurance requirements remain in place far any varied use or structure and cannot be
varied bv the cammunity.
"Violation" means the failure .of a structure .or ather develapment ta be fully compliant with the
community's flaodplain management regulatians. A structure or ather develapment withaut the elevation
certificate, other certificatians, .or other evidence .of campliance required by this ordinance is presumed to be
in violatian until such time as that dacumentatian is provided.
"Water Surface Elevation" means the height, in relation ta the Natianal Geadetic Vertical Datum (NGVD)
of 1929 (.or other datum where specified) .of flaads .of various magnitudes and frequencies in the flaodplain.
ARTICLE 9 CERTIFICATE OF ADOPTION
This Floadplain Management Ordinance far the cammunity of the City .of Bel Aire,
Kansas.
PASSED AND ADOPTED by the Gaverning Bady of Bel Aire, Kansas.
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This /b -dayofJanuary, 2007.
Community Approval Seal Here:
Chief Engineer Draft Approval Seal Here:
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APPROVED:
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Signature of Mayor
/-/~-~61)7
Date
DR. BRIAN WITHROW
Chief Executive Officer/Chief Elected Official Name (Typed/printed)
Mavor
Title
ATTEST:
.';(~ '771 MZ1~u
Signature f City
/- /0-.CJ 7
Date
BETTYMARTlNE
Recording City Clerk Name (Typed/printed)
City Clerk
Title
Published in Official News publication
(name of Publication).
APPROVED
This 5:. ~
.1' David 1.:. .
7 4/ Chief Engineer
Division of Water Resources
Kansas Department of Agriculture