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Located within areas of special flood hazard established in TMC 17.30.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:

(a) The City shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one foot at any point.

(b) The City shall prohibit any encroachments, including fill, new construction, substantial improvements, and other development, within the adopted 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. Documentation shall be provided to the City of Topeka for any permits required by the KDA-DWR and/or FEMA.

(c) The Floodplain Administrator or designee may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided, that the Floodplain Administrator or designee first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of 44 CFR 65.12, and receives the approval of FEMA.

(d) If subsection (b) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Article III.

(e) In unnumbered A zones, the City shall obtain, review, and reasonably utilize any base flood elevation or floodway data currently available from Federal, State, or other sources as set forth in TMC 17.30.180(b). (Ord. 20425 § 13, 6-20-23.)