(a) Statutory authorization.
(1) Approval of draft regulations 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 State Department of Agriculture on April 30, 2014.
(2) State statutory authorization. The state 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.
(b) Findings of fact.
(1) Flood losses resulting from periodic inundation. The special flood hazard areas of Kingman, Kansas, are subject to inundation that 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:
(A) The cumulative effect of development in any delineated floodplain causing increases in flood heights and velocities; and
(B) The occupancy of flood hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated or otherwise unprotected from flood damages.
(3) Methods used to analyze flood hazards. The Flood Insurance Study (FIS) that is the basis of this article uses a standard engineering method of analyzing flood hazards, which consist of a series of interrelated steps:
(A) Selection of a base flood that is based upon engineering calculations, which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated, and the depth of inundation. The base flood selected for this chapter of the city code is representative of large floods, which are characteristic of what can be expected to occur on the particular streams subject to this chapter. The base flood is the flood that is estimated to have a 1% chance of being equaled or exceeded in any one-year as delineated on the Federal Insurance Administrator’s FIS, and illustrative materials dated June 18, 1980 as amended, and any future revisions thereto;
(B) Calculation of water surface profiles that are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood;
(C) Computation of a floodway required to convey this flood without increasing flood heights more than one foot at any point;
(D) Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height; and
(E) Delineation of floodway fringe, i.e., that area outside the floodway encroachment lines, but still subject to inundation by the base flood.
(c) Statement of purpose. It is the purpose of this article to promote the public health, safety and general welfare; to minimize those losses described in § 16-401(b)(1); to establish or maintain the community’s eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 C.F.R. § 59.22(a)(3); and to meet the requirements of 44 C.F.R. § 60.3(d) and K.A.R. 5-44-4 by applying the provisions of this chapter 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.
(Ord. 1977, passed 6-12-2014)