Harper: Ordinance No. G-439

ORDINANCE NO. G-439

AN ORDINANCE TO REVISE AND UPDATE THE CITY OF HARPER FLOODPLAIN MANAGEMENT ZONING REGULATIONS BY REPEALING ORDINANCE NUMBER G-269 AND INCORPORATING BY REFERENCE NEW FLOODPLAIN ZONING REGULATIONS BASED ON THE MODEL RECOMMENDED BY FEMA AND THE KANSAS DEPARTMENT OF AGRICULTURE.

WHEREAS, in accordance with Kansas Statute, the City currently regulates and manages floodplain zoning development through its floodplain zoning regulations found in Ordinance No. G-269; and

WHEREAS, in accordance with state and federal law, all such floodplain zoning regulations must be approved by the Chief Engineer of the Kansas Department of Agriculture, Division of Water Resources and must coordinate with the requirements and regulations of the National Flood Insurance Act of 1968 as amended; and

WHEREAS, the Chief Engineer of the Kansas Department of Agriculture, Division of Water Resources and the officials of the Federal Emergency Management Agency (FEMA) Region VII have recommended that the City of Harper revise its floodplain management zoning regulations and adopt new regulations based upon the recommended model floodplain management regulations;

WHEREAS, upon the recommendation of the City Council, the Governing Body has determined that is in the best interest of the City of Harper to revise and update the City of Harper floodplain management zoning regulations by repealing the City of Harper current floodplain management zoning regulations and adopting and incorporating by reference new regulations based upon the recommended model floodplain management zoning regulations;

THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HARPER, KANSAS:

SECTION 1. That Ordinance No. G-269 is hereby repealed.

SECTION 2. That the City of Harper Floodplain Management Ordinance is hereby amended by adopting Ordinance No. G-439, which reads as follows:

INCORPORATION OF FLOODPLAIN MANAGEMENT ZONING ORDINANCE.  Pursuant to the provisions of K.S.A. 12-3009, 12-3010 and 12-3301, there is hereby incorporated by reference for the purpose of providing floodplain zoning regulations within the City of Harper, Kansas, all of the zoning regulations contained in that document thereafter known and referred to as the “Floodplain Management Ordinance for the City of Harper, Kansas,” which is based upon and modeled after the Model Floodplain Management Ordinance as approved and recommended by the Federal Emergency Management Agency Region VII and the  Kansas Department of Agriculture, Division of Water Resources.

No fewer than three copies of the Floodplain Management Ordinance for the City of Harper, Kansas, shall be marked or stamped “Official Copy as incorporated by Ordinance No. G-439 of the City of Harper, Kansas,” and such copies shall be filed with the city clerk to be open to inspection and available to the public at all reasonable business hours, provided that such official copies may not be removed from city hall.  All city officials requiring the use of the Floodplain Management Ordinance for the City of Harper, Kansas, shall be supplied, at the expense of the City, such number of official copies of such ordinance as may be deemed expedient by the Governing Body. 

SECTION 3. This ordinance shall take effect and be in force as of the date of its passage, approval publication as provided by law.

PASSED AND ADOPTED by the Governing Body, this 10th day of March, 2025.

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Eric Latta, Mayor

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Tiffany M. Cooperrider, City Clerk

Approved as to form and legality: 

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Phillip W. Unruh, City Attorney