CITY OF WILKES-BARRE  PENNSYLVANIA VILKES  1871  CITY COUNCIL AGENDA  CITY COUNCIL MAY23, ,2024  PLEDGE OF ALLEGIANCE ROLL CALL  CONSENT AGENDA ESOLUIONS/MINUTE)  ORDINANCE  PRESENTATIONS BY COUNCIL MEMBERS  PUBLIC DISCUSSION ADJOURNMENT    CITY COUNCIL MAY23,2024  CONSENT AGENDA (RESOLUTIONS/MINUTES)  Temporarily suspending the provisions of Section 20-4 of the Code of Ordinances pertaining tot the open consumption of alcoholic beverages for Rockin' the River on July Approving the transfer ofal Liquor License from Kingston, PA to 77 Public Square, Wilkes-  12th,19th,and: 26th, 2024.  Barre, PA. (LA Choza Del Sabor, LLC)  MINUTES  Ofthe Zoning Hearing Board of April 17, ,2024. Oft the Planning Commission of April 17,2024. Oft the Regular Session of City Council of May 9, 2024.  ORDINANCE  FILEOF COUNCIL NO.2OF: 2024-AN ORDINANCE OF THE CITY OF WILKES-BARRE, PENNSYIVANIA, REPEALING "ARTICLE 11 FLOOD PLAIN MANAGEMENT OF APPENDIXA IN THE CODE OF ORDINANCES OF THE CITY OF WILKES-BARRE AND ENACTING. Al NEW ARTICLE 11 ENTITLED "FLOOD PLAIN MANAGEMENT IN APPENDIX. A. (SECOND. AND  FINAL READING)    Resolution No.,  Wilkes-Barre, PA  BEITRESOLVED by the City Council ofthe CityoWikes-Barre: Whereas, the City Council of the City of Wilkes-Barre hereby directs that the provisions of Section 20-4 oft the Wilkes-Barre Code of Ordinances pertaining to the open consumption of alcoholic beverages be temporarily suspended and not enforced for the  following events: Event: Sponsor: Dates: Time: Limitation:  Rockin' the River  Luzerne County Convention & Visitors Bureau Convention and Visitors Bureau, July 12, July 19 &. July 26, 2024 5:00 p.m. until 10:00 p.m.  Designated Area: To be determined and clearly identified by the Luzern County  The suspension shall only apply to the area specifically designated by Luzerne County Convention and Visitors  Bureau.  The within temporary suspension applies only to the above-referenced events and area. All other regulations related to intoxicating beverages in the City of Wilkes-Barre shall remain in: full force and effect. A copy of this resolution shall be provided to the  Wilkes-Barre Police Department.  Submitted by.  ROLL CALL DDCATI  VEAS    Resolution No.  Wilkes-Barre, PA  BEITRESOLVED by the City Council ofthe CIyofWilkes-Barre: AF RESOLUTION OF THE MUNICIPALITY OF WILKES-BARRE COUNTY OFI LUZERNE COMMONWEALTH OF PENNSYLVANIA, APPROVING TRANSFER OF RESTAURANTLIQUOR LICENSE #R-15374, LID: # 105792 INTO THE CITY OF WILKES-BARRE, LUZERNE COUNTYI FROM Whereas, Act 141 of2000 ("the Act") which, amends the Commonwealth's) Liquor Code, authorizes the Pennsylvania Liquor Control Board to approve, in certain instances, the transfer ofrestaurant liquor licenses across municipal boundaries within the same county regardless of the quota limitations provided fori in Section 461 oft the Liquor Code, ifs sales of liquor and malt or brewed beverages are legal in the municipality receiving thel license; and Whereas, the receiving municipality issues ai resolution approving the transfer of thel license outside the Whereas, amendments to the Liquor Code stipulate that, prior to adoption of ar resolution' by the receiving municipality, at least one hearing bel held for the purpose ofp permitting interested parties tos state their concerns regarding Whereas, on May 21, 2024 the City of Wilkes-Barre conducted aj public hearing for the purpose ofreceiving comments and/or recommendations ofi interested individuals residing within the municipality with respect to the request Whereas, an application for transfer filed under the Act must contain a copy oft the resolution adopted by the Now, Therefore, Bel It Resolved that LA Choza Del Sabor, LLCI has requested the approval of the City Council of Wilkes-Barre for the proposed transfer ofal Pennsylvania Restaurant. Liquor License toi its facilities within Wilkes-Barre City with the understanding that said transfer must be approved at al later date by the Pennsylvania Liquor Control Board; Bel ItI Further Resolved that City Council of Wilkes-Barre finds that thet transfer ofar restaurant liquor license into Wilkes-Barre City by LA Choza) Del Sabor, LLC will not adversely affect the welfare, health, peace and morals of the Bel It] Further Resolved, that Wilkes-Barre City approves, by adoption of this Resolution, thej proposed transfer of License #1 R-15374, LID #105792, from Kingston, Luzerne County, PA to be located at' 77 Public Square, Wilkes-Barre, Bel It Further Resolved, that the license transfer is subject to approval by the Pennsylvania Liquor Control Board. IHEREBY CERTIFY that this Resolution was approved by the Wilkes-Barre City Council ati its meeting on May  KINGSTON, PENNSYLVANIA.  municipality toi inside the municipality; and  the transfer ofar restaurant liquor license into the receiving municipality; and  for transfer.  municipality approving the transfer ofar restaurant liquor license in the municipality.  and  municipality or its residents.  PA.  23,2024.  Submitted by.  ROLL CALL TTTTAATC  VRAS    FILE OF COUNCIL No. of2024 ANORDINANCE  OF THE CITY OFWILKES-BARRE, PENNSYLVANIA REPEALING "ARTICLE111 FLOOD PLAIN MANAGEMENT" OF APPENDIXAINTHE CODE OF ORDINANCES OF' THE CITY OF WILKES-BARRE AND ENACTING A NEW ARTICLE11 ENTITLED "FLOOD! PLAIN  MANAGEMENT" IN APPENDIXA  NOW,THEREFORE, ITI ISHEREBY ORDERED AND ENACTED BY THE CITY COUNCILOFTHB CITY OF WILKES-BARRE THAT APPENDIX A: ARTICLE 11ENTITLED: FLOOD PLAIN MANAGEMENT OF THE ZONING ORDINANCE INTHE CITY OF WILKES-BARRE CODE OF ORDINANCESIS  HEREBY ENACTED AS: FOLLOWS:  APPENDIXA. ZONING ORDINANCE  ORDINANCE. Thenew" "Article 11:1 Floodplain Management" section of the City of  Wilkes-Barre Zoning Ordinance SEVERABILITY.  The provisions of this ordinance are severable. If any part of this ordinance is declared tol be unconstitutional, illegal, or invalid, the validity of the remaining provisions shall be unaffected thereby. Itis the intention of the Council of the City of Wilkes-Barre that this ordinance would have been adopted had such unconstitutional, illegal, ori invalid part not been included.  REPEALER. All ordinances or parts of ordinances inconsistent herewith be and the same are hereby repealed. All ordinances not specifically amended hereby  remain in full force and effect.  Passed finally by the City Council of the City of Wilkes-Barre on  This Ordinance shall become effective 10 days after the final adoption by  the Wilkes-Barre City Council.  ATTEST:  Cathy Payne, City Clerk    ARTICLE 11 FLOOD PLAIN MANAGEMENT  Contents  SECTION1101 STATUTORY AUTHORIZATION. SECTION1102 GENERAL: PROVISIONS SECTION1103 APPLICABILITY SECTION1105 SEVERABILITY SECTION1107 DEFINITIONS. SECTION1108 ADMINISTRATION. Designation oft the Floodplain Administrator. SECTION1109 PERMITS REQUIRED  1 2 2 2 2 7 7 7  ABORGATION and GREATER RESTRICTIONS WARNING. ANDI DISCLAIMER OF LIABILITY.  SECTION1104 SECTION1106  DUTIES ANDI RESPONSIBILITIES OF THEI FLOODPLAIN REVIEW BY COUNTY CONSERVATION DISTRICT.. REVIEW OF APPLICATIONI BY OTHERS..  SECTION1110 ADMINISTRATOR. SECTION1112 SECTION1113 SECTION1114 CHANGES. SECTION1115 PLACARDS SECTION1116 START OF CONSTRUCTION SECTION1117 ENFORCEMENT. SECTION1118 APPEALS SECTION1119 SECTION1120 DESCRIPTION AND FLOODPLAIN. AREAS. SECTION1121 SECTION1123  ANDI REQUIREMENTS.  8 11 12 12 12 12 12 13 14 14 16 16 16 16 17 21 25 .26  SECTION1111 APPLICATION PROCEDURES  IDENTIFICATION OF FLOODPLAIN AREAS. CHANGES IN: IDENTIFICATION OF AREA. JURISDICTIONAL: BOUNDARY CHANGES  SPECIAL REQUIREMENTS OF IDENTIFIED  SECTION1122 BOUNDARY! DISPUTES. SECTION1124 TECHNICAL: LPROVISIONS. SECTION1 1125 ELEVATION ANDFLOODPROOFINGI  REQUIREMENTS.  DESIGN. AND CONSTRUCTION STANDARDS  SECTION1126  THATN MAY ENDANGER HUMANLIFE..  SECTION1127 DEVELOPMENT SECTION1128 SPECIALREQUIREMENIS  FOR SUBDIVISIONS AND  DEVELOPMENTS.    FORI MANUFACTURED HOMES.  27 28 28 28 28 31 31 32 32 33 33 33 35 35  SECTION1129 SPECIAL REQUIREMENTS SECTION1131 PROHIBITED ACTIVITIES  VEHICLES. .27  SPECIAL REQUIREMENTS FOR RECREATIONAL ACTIVITIES REQUIRING SPECIAL PERMITS  SECTION1130 SECTION1132 Section 1132.1 General. Section SECTION1132.3 SECTION 1133  1132.2 Application Requirements for Special Permits APPLICATION: REVIEW PROCEDURES.  SBCTION1132.4 SPECIAL TECHNICAL REQUIREMENTS  AREAS..32  EXISTING STRUCTURES IN IDENTIFIED FLOODPLAIN  Section 1133.1 Existing Structures Section 1133.2 Improvements SECTION1134 VARIANCES. Section 1134.1 General SECTION 1135 ENACTMENT Section 1135.1 Adoption  Section 1134.2 Variance Procedures and Conditions  ii    ARTICLE 11 FLOOD PLAIN MANAGEMENT  WILKES-BARRE CITY ORDINANCENO..  AN ORDINANCE: REQUIRING ALL PERSONS, PARTNERSHIPS, AJ PERMITI FOR BUSINESSES, AND CORPORATIONS TO OBTAIN ANY CONSTRUCTION OR DNEOAEBTIROVDNGTONT FORTH CERTAIN ISSUANCE OF SUCH PERMITS; SETTING CONSTRUCTION AND MINIMUME REQUIREMENTS FORI NEW DEVELOPMENT WITHIN. AREAS OF WILKES-BARRE WHICH ARE SUBJECT TO FLOODING; ANDESTABLISHING REFUSETO PENALTIES FOR ANY PERSONS WHOI FAIL, ORI COMPLY WITH, THBI REQUIREMENTS OR PROVISIONS OF' THIS  THE CITY  ARTICLE.  SECTION1 1101  STATUTORY AUTHORIZATION  Commonwealth of Pennsylvania has, by the passage oft thel Pennsylvania  Thel Legislature oft the Act of1 1978 as amended by Act 65 of2022, delegated the  Flood) Plain Management responsibility tol local governmental promote public health, safety, and the general Wilkes-Barre City does! hereby order as follows.  units to adopt floodplain management regulations to  welfare ofi its citizenry. Therefore, the Council of  SECTION 1102  GENERALPROVISIONS  The intent of this Article is to:  A. Promote the general health, welfare, and safety of the community.  construction practices in order to prevent or  B. Encourage the utilization of appropriate minimize flood damage in the future.  Minimize danger toj public health by protecting water supply and natural drainage. D. Reduce financial burdens imposed development in areas subject to flooding. E. Comply with federal and state floodplain management requirements.  C.N  on the community, its governmental units, and its  residents, by preventing excessive  SECTION 1103 APPLICABILITY  partnership, business, corporation, or government agency (land  Its shall be unlawful for any person, federal entities are not exempt) to undertake, or cause to be  trusts, local, county, state, or  1    anywhere within Wilkes-Barre City unless al Permit  undertaken, any construction or development has been obtained from the Floodplain Administrator.  ABORGATION and GREATER RESTRICTIONS  SECTION 1104  which may be in effect in identified  This Article supersedes any other conflicting provisions shall remain in full force and effect to floodplain areas. However, any other ordinance provisions Ift there is any conflict between any of the  the extent that those provisions are more restrictive. provisions oft this Article, the more restrictive shall apply.  SECTION 1105  SEVERABILITY  sentence, clause, or phrase oft this Article shall be declared  Ifany section, subsection, paragraph, decision shall not affect the remaining portions of the invalid for any. reason whatsoever, such force a and effect, and for this purpose the provisions oft this  Ordinance, which shall remain in full Article arel hereby declared to be severable.  WARNING. ANDI DISCLAIMER OF LIABILITY  SECTION1106  sought by the provisions of this Article is considered reasonable  The degree of flood protection  methods of study. Larger floods that areas outside any identified  for regulatory purposes and is based on accepted man-made engineering or natural causes, such as ice jams and bridge openings restricted by debris. This within such areas imply will be free from flooding or flood  may occur, or floodl heights may bei increased Article by does not floodplain areas, or that land uses permitted  damage.  on the part of Wilkes-Barre City or any officer or employee  This Article shall not create liability result from reliance on this Article, or any administrative  thereof for any flood damages that decision lawfully made thereunder. SECTION 1107 DEFINITIONS Unless specifically defined below, Specific Definitions  General  words and phrases used in this Article shall be interpreted sO  as to give this Article its' most reasonable application. 1. Accessory use or structure subordinate - a customarily incidental and  use or structure on1 the same lot with, and ofar nature to, the principal use or structure.  Resistant  and Construction" that is  2. ASCE 241 means a standard titled "Flood Code.. ASCE Design 24 is developed and published by the American Society of Civil Engineers, chance of being equaled or exceeded in any given year (also called the "100-year flood" or one percent from a (1%) Base Flood as itj passes a 4. Base flood discharge - the volume of water expressed resulting in cubic feet per second (cfs).  referenced by the Uniform Construction Reston, VA. 3. Base flood- a flood which. has a one percent given location within a given time, usually  annual chance flood).  2    elevation shown on the Flood Insurance Rate Map  5. Base flood elevation (BFE) - the thati indicates the water surface elevation resulting  (FIRM) for Zones. AE, AH,A1-301 from a flood that has a 1-percent or greater  chance of being equaled or exceeded in any having its floor below ground level on all sides.  given year.  6. Basement - any area oft thel building to form aj permanent structure having walls and a 7. Building a combination ofmaterials manufactured. homes and trailers to be used for human  roof. Included shall be all habitation. 8. Declaration ofLand Restriction  (Non-Conversion Agreement) - A form signed by the  in manner that isi inconsistent with  property owner to agree not to convert or modify certain any enclosures below the lowest floor of the terms oft the permit andt these regulations, structures. The form requires the owner to elevated buildings and certain accessory inform future owners oft the restrictions. 9. Development any man-made change to improved renovation, repair, expansion, or but not limited to the construction, reconstruction, the placement ofr manufactured homes; streets, alteration of buildings or other structures; and excavation; mining; dredging; drilling and other paving; utilities; filling, grading and the subdivision of] land. manufactured: home park or subdivision- - ai manufactured  record it on1 the property deed toi  or unimproved real estate, including  operations; storage of equipment or materials; manufactured homes are to be pads) is completed before the effective 11. Expansion to an existing additional sites by the construction  home park or  the  10.) Existing  construction of facilities for servicing the lots on which  subdivision for which the affixed (including, at a minimum, the installation of utilities, the construction of streets, and date oft the floodplain management regulations adopted by a community. manufactured home park or subdivision- - the preparation of manufactured homes are to be affixed (including or thej pouring of concrete pads). 13.Flood Insurance Rate Map (FIRM): both the areas of special floodi hazards and thei risk 14. Flood Insurance Study (FIS) the official report provided the! Flood Insurance Rate Map, the Management Agency that includes flood profiles, the water surface elevation oft the base flood. Flood Boundary and Floodway Map, low and land area which is subject to partial or complete inundation from an adjoining or nearby accumulation stream, of surface waters from any source. subject to the unusual and rapid of structural and nonstructural additions, changes, or 16. Floodproofing any combination which reduce or eliminate flood damage to real estate or 17.Floodway the channel ofar river or other flood without cumulatively increasing the water surface elevation more than one foot. elevation of the ground surface prior to  either final site grading or the pouring of concrete  ofi facilities for servicing the lots on which the  the installation of utilities, the  construction ofs streets, and either final site grading Management Agency has delineated premium zones applicable to the community.  inundation ofnormally dry land areas.  12. Flood- - a temporary  the official map on which the Federal Emergency  by the Federal Emergency  15.Floodplain area- al relatively flat or  river, or watercourse; and/or any area  adjustments to structures improved real property, water  and sanitary facilities, structures, and their contents.  watercourse andt the adjacent land areas that  must be reserved in order to discharge the base 18. Highest Adjacent Grade - Thel highest natural construction next to the proposed walls ofa a structure.  3    19. Historic structures - any structure thati is:  ofHistoric Places (a listing  a. Listed individually int the National Register preliminarily determined by the  maintained by the Department of] Interior) or Secretary oft the Interior as meeting the requirements  for individual listing on the  National Register; contributing to thel historical district preliminarily determined by historic district; C. Individually listed on a state inventory approved by the Secretary oft the Interior; or d. Individually listed on al local inventory ofhistoric places historic preservation that havel been certified either: the Secretary oft the i. By an approved state program as determined by  determined by the Secretary oft the Interior as  b. Certified or preliminarily significance ofa registered historic district ora  the Secretary to qualify as a registered ofl historic places in states which! have been  in communities with  Interior or the Secretary oft the! Interior in states without approved programs. Area- this term is an umbrella term that includes all the areas within  ii. Directly by  20. Identified Floodplain selected to enforce floodplain regulations. It will always include the area identified as the Special include additional areas identified by the Maps and Flood Insurance Study but may for the specifics on what areas the community has included in the Identified Floodplain Area. enclosed area (including basement). 21.Lowest floor the lowest floor of the lowest fully used solely for parking of vehicles, An unfinished, flood resistant partially enclosed area area, other than al basement area is not  which the community has  Flood Hazard Area on the Flood Insurancel Rate  community. See Sections 1119 and 11201  building access, and incidental storage, in provided an considered the lowest floor ofab building, built so1 that the structure is in violation oft the applicable requirements of this Article.  that such space is not designed and non-elevation design  transportable in one or more sections, which is built on  22. Manufactured: home as structure, is designed for use with or without aj permanent foundation aj permanent chassis, and utilities. The term includes park trailers, travel trailers, when attached to thei required vehicles which are placed on a site: for more than 180 into two or more manufactured! home lots for rent or sale. Ordinance). The building 24. Market value (as it pertains to thel Floodplain Management to between a willing buyer and seller, as value, excluding the land, as would be agreed market will bear. Market value can be established by independent certified appraisal, assessed replacement tax assessment values adjusted to approximate market value by ai factor provided which by the start of construction commenced on or after June 20, 2024, andi includes any subsequent 1977, and before June 20, 2024, is subject to the  recreational and other similar consecutive days.  contiguous  ofland divided  23.1 Manufactured. home park or subdivision- - aj parcel (or  parcels)  established by what the local real estate (actual cash value) or adjusted 25.1 New construction - structures for construction started after September 30,  cost depreciated by age of! building  the County Tax Assessment Office.  improvements to such structures. Any  the start of construction  ordinance in effect at the time the permit was issued, provided  4    was within 180 days of permit issuance.  manufactured home park or subdivision  26. New manufactured home park or subdivision - a the lots on which the manufactured for which the construction of facilities for servicing the installation of utilities, the homes are tol be affixed (including at a minimum, or the construction ofs streets, and either final site grading completed on or after the effective date of floodplain management  of concrete pads) is pouring regulations adopted by  a community. trust, estate, municipality,  partnership, public or private association or corporation, firm,  27.Person an individual, governmental unit, public utility or any other legal entity whatsoever, which is recognized by for which construction or substantial improvement 28. Post-FIRM Structure is a structure initial Flood Insurance! Ratel Map (FIRM) dated occurred after the community'si would be required to be compliant with the regulations ofthel National Flood Insurance Program. for which construction or substantial improvement 29. Pre-FIRM Structure is a structure initial Flood Insurance Ratel Map (FIRM) dated occurred on or before the community's would not bei required to be compliant with the  law as the subject ofr rights and duties.  September 30, 1977, and, as such,  September 30, 1977, and, as such, regulations ofthel National Flood Insurance Program. 30. Recreational vehicle a vehicle whichi is: a. built on a single chassis;  measured at the largest horizontal projections;  b. not more than 400 square feet, permanently towable by a light-duty truck, designed to be self-propelled or dwelling but as temporary living quarters for  d. not designed for use as aj permanent recreational, camping, travel, or seasonal use. Flood Elevation the base flood elevation (BFE)  or estimated flood height as  31.1 Regulatory  methods plus a freeboard safety factor of one and one-half(1 damages sustained by a structure on two or more for which the cost ofr repairs at the time of  determined using simplified factor also applies to utilities and ductwork.  %) feet. The freeboard safety 32. Repetitively damaged - flood related separate occasions during a 10-year period each such flood event, cumulatively, equals or exceeds  50j percent oft the market value of  the structure before the damages occurred. which is required for hospitals, nursing homes, jails, 33. Special permit - a special approval subdivisions and substantial improvements to such and new manufactured home parks/ is located in all, or a designated portion ofa  existing parks, when such development 34. Special flood hazard area (SFHA) or greater chance of flooding in any given year. A1-A30,AB, A99, or AH. 35. Start of construction- - includes substantial improvement development and means the date the Permit was issued, provided  floodplain.  means an area in the floodplain subject to a 1 percent  Itis shown on thel FIRM as Zone. A, AO, and other proposed new the actual start of or other  reconstruction, rehabilitation, addition, placement,  construction, repair, within 180 days after the date oft the permit and shall be completed improvement was months after the date ofi issuance ofthe permit unless at time extension is granted, in writing, by the Floodplain construction ofa structure on a site, such as the pouring of  within twelve (12)  Administrator. The actual start means either the the construction of columns, or any work  first placement of permanent of slab or footings, the installation piles,  5    of excavation; or the placement ofar manufacture home on ai foundation.  beyond the stage filling; nor does it include the excavation for al basement, footings, piers,  include land preparation, such as clearing, grading, and  Permanent construction does not installation ofs streets and walkways; nor doesi it include forms; nor does it include the installation on the property of the main structure. For a garages or sheds not occupied as dwelling units construction or not part means the first alteration of any substantial improvement, the actual start of building, whether or not that alteration  or foundations or the erection of temporary  of accessory buildings, such as  wall, ceiling, floor, or other structural part ofal affects the external dimensions oft the building.  or  storage tank that is  and roofed building, including a gas liquid as well as a manufactured home.  36. Structure = a walled 37.S Subdivision - the division or two or more lots, tracts, parcels or other Provided, however, that the subdivision parcels of more than ten acres, not involving any residential dwelling, shall be exempted. percent or more of the market market value oft the structure term includes structures which have work damaged" regardless oft the actual repair  principally above ground, re-division of a lot, tract, or parcel ofl land' by any means into lot lines for the purpose, whether immediate of ownership or future, or building or lot development: distribution tol heirs, or devisees, transfer by lease ofl land for agricultural purposes into  divisions of land including changes in existing  ofl lease, partition' by the court for new street or easement of access or any sustained a structure whereby the cost of rehabilitation, addition, or other  38. Substantial damage damage from any cause condition would by equal or exceed fifty (50) restoring the structure to its before-damaged value oft the structure before the damage occurred. 39. Substantial improvement any ofwhicht reconstruction, the cost equals or exceeds fifty (50) percent ofthe improvement of a structure, before the' "start of construction" oft the improvement. This accumulation ofi improvements for a building or does not, however, include any project first improvement is finalized or closed. The term violations of state or local health, for improvement ofas structure to correct which existing have been identified by the local code sanitary, or safety code specifications the minimum necessary to assure safe living 40. Tanks- - including those and tanks that do not serve buildings, such as chemical and  incurred' "substantial damage" or "repetitively  The rolling period of  performed. structure ends when thej permit for the  enforcement official and which are conditions. orl located under al building, fuelt tanks. 41. Uniform Construction Code  associated with utility service to al building or that are attached to (UCC) )-The statewide building code adopted by The  to new construction in all a1 third party or the! Department with the State floodplain  Pennsylvania General Assembly in 1999 applicable adopted" Thel International Residential Code (IRC) construction. For coordination purposes, references 42. Variance- A grant ofr reliefby a community  municipalities whether administered by the municipality, commercial buildings, The Code ofLabor and Industry. Applicable to: residential and and thel International Building Code (IBC), by reference, as the construction standard applicable to the above are made specifically to various sections oft the IRC and the IBC. from the terms ofa floodplain management  regulation. 43. Violation - means  the failure ofas structure or other development to be fully compliant  6    management regulations. A structure or other  with the community's floodplain certificate, other certifications, or other evidence of compliance required in 44 CFR $60.3(b)(5), sucht time as that documentation is provided.  development without the elevation is presumed to bei in violation until  (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5)  SECTION1108 Thel Director  ADMINISTRATION  Designation of the Floodplain Administrator  enforce this Article  of Planning & Zoning is hereby appointed to administer and  Administrator. The Floodplain Administrator: may:  andi is referred tol herein as thel Floodplain set: forth in these regulations, (B)) Delegate duties and responsibilities set forthi in these regulations to qualified written agreement or written contract with another agency or private sector entity to administer another specific entity shall not relieve the community Administration of any part oft these regulations by requirements oft the National Flood Insurance ofi its responsibilities pursuant to the participation Regulations at 44 C.F.R. Section 59.22.  (A)Fulfill the duties andi responsibilities inspectors, and other employees, or (C) Enter into a  technical personnel, plan examiners, provisions oft these regulations.  Program as set forth int the Code ofFederal In the absence ofa designated Floodplain to bei fulfilled by the Building Inspector.  Administrator, the Floodplain Administrator duties are  SECTION1109 ofWilkesBarre City. SECTION1110  PERMITSREOURED  is undertaken within any area  AJ Permit shall be required before any construction or development  DUTIES AND RESPONSIBLITIES OF THE FLOODPLAIN  ADMINISTRATOR  shall issue a Permit only after it has been determined that will be in conformance with the requirements of this  A. The Floodplain Administrator the proposed work to be undertaken and all other applicable codes and ordinances.  Administrator shall review the.  B. Prior to the issuance of any permit, the Floodplain necessary government permits required  application for the permit to determine if all other those and federal laws have been obtained, such as  by the Pennsylvania  required  and  by state  1966-537, as amended); the Pennsylvania Dam Safety  Sewage Facilities Act (Act Encroachments. Act (Act 1978-325, as 1937-394, as amended); and the U.S. Clean has been made. permit shall be issued until this determination C. In the case of existing structures, prior the the pre-improvement market determination value improvementsubstanta. damage Damage Desk Reference. Substantial ImprovemenlSubsiamtial  amended); thel Pennsylvania Clean Streams Act (Act Water Act, Section 404,33, U.S.C.1344. No to the issuance of any DevelopmentPermit, the  cost ofi improvements or repairs and can be made, in accordance with FEMA's  Floodplain Administrator shall review of proposed the structure, sO that a substantial  7    structures, prior to the issuance of any Development/Permit, the review the history ofrepairs tot the subject building, sO that  D. In the case of existing  Floodplain Administrator shall can be addressed before the permit isi issued.  any repetitively damaged concerns E. Notify the applicant construction requirements  ifi it is determined that the work constitutes substantial improvement  and that compliance with the flood resistant design and  or repair of substantial damage oft this Article ist required.  Administrator or other authorized official and with all applicable municipal laws and during and upon completion of the  F. During the construction period, the Floodplain that the work is progressing in compliance with the  shall inspect the premises to determine information provided ont the permit application ordinances. He/she shall make as many inspections  work as are necessary. G. Ini the discharge ofhis/her duties, enter any building, upon presentation of proper oft this Article.  the Floodplain Administrator shalll have the authority to credentials, at any reasonablel hour to enforce the provisions  in the identified floodplain area,  structure, premises, or development  discovers that the work does not comply with thel Floodplain Administrator shall revoke  H. In the event the Floodplain Administrator laws and ordinances, or that there has been a false statement or misrepresentation! by any Council applicant, for whatever action it considers necessary.  the permit application or any applicable thel Permit and report such fact to the The Floodplain Administrator shall  maintain in perpetuity, or for the lifetime of the  of this Article including, but not  structure, all records associated with the requirements inspection and enforcement. J. Thel Floodplain Administrator participation in the National Flood Insurance Program as  limited to, finished construction elevation data, permitting,  is the official responsible for submitting al biennial report to  FEMA concerning community K. The responsibility, authority responsibility lies with the person administrator'imanager.  requested.  and means to implement the commitments of the Floodplain from the person identified. However, the ultimate  Administrator can be delegated identified in the floodplain ordinance as the floodplain  guidance publications are incorporated by  L. FEMA technical bulletins and subsequent interpretation of the applicable provisions of the  reference and shall be the basis for Uniform Construction Code and ofthis Article. 2018IBCandt the 2018) IRC, ort the of Pennsylvania. SECTION1111 A. Application for  consider the requirements oft the 34 PA Code and the  M. The Floodplain Administrator shall latest revision thereofas adopted byt the Commonwealth  APPLICATONPROCEDURES, AND! REQUIREMENTS  such a Permit shall be made, in writing, to the Floodplain Administrator  8    Such application shall contain the following:  oni forms supplied by Wilkes-Barre City. 1. Name and address of applicant.  and address of owner ofl land on which proposed construction is to occur.  2. Name  3. Name and address of contractor. 4. Site location including address. 5. Listing of other permits required. flood-related cost and the occurred where appropriate. as well as any existing identified: floodplain area, applicants 1. all such proposals are conform with the requirements ordinances;  work and estimated cost, including a breakout of  6. Brief description of proposed market value of the building before the flood damage  oft the site showing the exact size and location oft the proposed construction  7. Aj plan  buildings or structures.  is located entirely or partially within any Administrator to determine that:  B. If any proposed construction or development for Permits shall provide all the necessary information  in sufficient detail and clarity to enable the Floodplain  consistent with the need to minimize flood damage and  of this and all other applicable codes and  electrical and water systems are damage;  2. all utilities and facilities, such as sewer, gas, flood located and constructed to minimize or eliminate  drainage is provided to reduce exposure to flood hazards; will be anchored toj prevent floatation, collapse, or lateral movement;  3. adequate 4. structures  5. - building materials are flood-resistant; 6. appropriate practices  that minimize flood damage have been used; and  air conditioning equipment, and other  7. electrical, heating, ventilation, plumbing, and located to prevent water entry or  service facilities have been designed  accumulation.  minimum information plus any other pertinent  C.A Applicants shall file the following Floodplain Administrator to make the above  information as may be required by the 1. Ac completed Permit Application Form. 2. Ap plan oft the entire site,  determination:  clearly and legibly drawn at a scale of one (1) inch being  9    equal to one hundred (100) feet or less, showing the following:  a. north arrow, scale, and date; b.t topographic contour lines, ifavailable; improvements, including subdivision and development;  location of all existing and proposed buildings, structures, and other  C. the  the location of any existing or proposed  location of all existing streets, driveways, and other access ways; and the location of any existing bodies of water or watercourses, identified floodplain areas, and, including direction and velocities.  d. the e.  ifavailable, information pertaining to the floodway, structures and other improvements, drawn at  and the flow of water  3. Plans of all proposed buildings, suitable scale showing the following:  lowest floor elevation of any proposed building based upon  a. the proposed American Vertical Datum of1 1988; b. the elevation of the base flood; C. supplemental 20181 IBC or the 20181 IRC, or Commonwealth of Pennsylvania.  North.  information as may be necessary under 34 PA Code, the  the latest revision thereof as adopted by the  4. The following data and documentation:  floodproofing measures and  a. detailedi information concerning any proposed  corresponding elevations. impact and uplift tos show Area (See section point.  information concerning flood depths, pressures, velocities, certified by a registered professional engineer or architect, 1120 A) will not increase the base flood elevation at any certified by a registered professional engineer or architect,  b.if available, forces and other factors associated with a base flood. c.documentation, that the effect of any proposed development within a Floodway  d.documentation, cumulative effect of any proposed development within an AE Area/District without floodway (See development, will not increase the  tos show that the  Section 11201 B) when combined  with all other existing and anticipated foot at base flood elevation more than one (1)  point within the  any  community.  10    document, certified by a registered professional engineer or architect,  e. a  construction or development has been  which states that the proposed adequately designed to withstand the pressures, uplift forces associated with the base flood. Such statement shall proofing measures which have structure and/or the development.  velocities, impact, and  include a description of the type and extent of flood  been incorporated into the design of the  information needed to determine compliance with Section 1126 Section 1127,Development Which) May Endanger Human  f.d detailed F., Storage, and Life, including:  i. the amount, location and purpose of any materials intended or substances tol be referred to in Sections 1126F.and1127 which arei used, produced, stored, or otherwise maintained on site. ii. adescription structure to prevent leaks or spills of the dangerous proposed substances listedi in Section 1127 during a base flood.  oft the safeguards incorporated into the design ofthe  materials or  component of the Department of Environmental excavation or grading is proposed, a plan meeting the  g. the appropriate "Planning Module for Land Development."  Protection's h.V where any  of Environmental Protection, to  requirements of the Department sedimentation control.  implement and maintain erosion and  Administrator, or designee, shall not issue any permit for a structure denied  D.Thel Floodplain Insurance Act of 1968, compliance with this Code, and latest revision thereof as adopted by the upon. the estimated cost of the proposed  FEMA, pursuant to Section 1316 of the National Flood the 34PA Code and the 2018 IBC: and the 20181 IRC, or the  flood insurance coverage unless by the permit is for activities to bring the 1316structure into  Commonwealth of] Pennsylvania  Permits shall be accompanied by a fee, payable to the municipality based  E. Applications for Administrator. SECTION1112 Acopy ofalla applications  construction as determined by the Floodplain  REVIEW BYCOUNTY CONSERVATONDSICT  and plans for any proposed construction or development in any identified  for  may be submitted by the Floodplain Administrator  floodplain area to be considered approval review and comment prior tot the issuance ofal Permit. The tot the County Conservation District for District be considered by thel Floodplain Administrator  recommendations oft the Conservation forj possible incorporation into the proposed plan.  may  11    SECTION1113 REVIEW OF APPLICATIONI BY OTHERS or development in anyi identified Acopy ofall plans and applications for any proposed be construction submitted by the Floodplain Administrator  floodplain area to be considered for approval individuals may to any other appropriate agencies and/or engineer, etc.) for review and comment.  (e.g., planning commission, municipal  SECTION1114 made to the application, permit or any of the plans, with the application Requests for any such change Floodplain Administrator for consideration. SECTION1115  CHANGES  Administrator, no changes of any kind shall be  After the issuance ofal Permit by thel Floodplain specifications or other documents submitted  of the Floodplain Administrator.  without the written consent or approval  to  shall be in writing and shall be submitted by the applicant  PLACARDS Administrator shall issue a placard, or similar document,  In addition to thel Permit, the Floodplain during the time construction is inj progress. Thisplacard which shall be displayed on the premises the date of its issuance, and be signed by the Floodplain  shall show the number of the Permit,  Administrator. SECTION1116 Work on the proposed issuance ofthe development permit. writing, by the Floodplain Administrator. Thei  STARTOFO CONSTRUCTION shall begin within 180 days after the date of  construction or development  after  Works shall alsol be completed within twelve (12) months in  shall  unless a time extension is granted,  the date ofi issuance of the permit or the permit issuance expire ofa development permit does not refer to  the zoning approval. The actual start  construction ofa construction  of construction means either the first placement of permanent  ofs slab or footings, thei installation of piles, the  structure on a site, such ast thej pouring ofe excavation; ort the placement ofar manufactured! home ofcolumns, or any work beyond the stage does not include land preparation, such as clearing, on a foundation. Permanent construction the installation of streets and/or walkways; nor does it forms; nor does it include the installation on the property of the main structure. For a substantial  grading, and filling; nor does it include include excavation for a basement, footings, piers,  or foundations or the erection of temporary of accessory buildings, such as garages  not occupied as dwelling units or not part  ceiling, floor,  or sheds improvement, the actual start oro other structural part ofal building, ofthel building. Time forth sufficient and the original permit is compliant extension is granted. SECTION1117 A. Notices  of construction means the first alteration of any wall,  whether or not that alteration affects the external dimensions  submitted by the applicant, who sets  extensions shall be granted only ifa a written request is  such a request  and reasonable cause for the Floodplain Administrator to approve effect at the time the  with the ordinance & FIRM/FIS in  ENFORCEMENT  12    Administrator or other authorized municipal representative  Whenever the Floodplain  to believe that there has been a violation of  determines that there are reasonable grounds any provisions of this Article, or of any regulations such  adopted pursuant thereto, the violation as hereinafter  Administrator shall give notice of  alleged  Floodplain provided. Such notice shall: 1. bei in writing; 3. allow a  2. include a statement oft the reasons for itsi issuance;  reasonable time not to exceed a period of thirty (30) days for the  performance of any act it requires;  the  owner or his agent as the case may require;  4. be served upon that property such notice or order shall be deemed to have been provided, however, such owner or agent when a copy thereofhas been served properly served upon other method authorized or required by thel laws ofthis  with such notice by any State; 5. contain an  outline of remedial actions which, if taken, will affect compliance  with the provisions of this Article.  B. Penalties  with any or all of the requirements or provisions of this  Any person who fails to comply Article or who fails or refuses to comply less than Twenty-five Dollars ($25.00) nor more  with any notice, order of direction of the  of the municipality shall be all other actions arel hereby reserved  Floodplain Administrator or any other authorized shall employee a fine to Wilkes-Barre City,o ofnot guilty ofai misdemeanor and upon conviction than pay Six Hundred Dollars ($600.00) plus costs ofprosecution. Ina addition to the above penalties ofthis Article. The imposition of including an action in equity for the proper enforcement with this Article shall not excuse ai fine or penalty for any violation of, or noncompliance it to continue.. All such persons shall be required to correct or remedy such violations and noncompliance constructed, reconstructed, enlarged, development initiated or any structure or building Article be declared by the Council to  the violation or noncompliance or permit altered, or relocated, ini noncompliance with this be a public nuisance and abatable as such.  within a reasonable time. Any  may  SECTION1118 A. Any person  APPEALS  aggrieved by any action or decision of the Floodplain Administrator  of the provisions of this Article, may appeal to the Zoning  concerning the administration  be  writing, within thirty (30) days after the  Hearing Board. Such appeal must filed, in Administrator. decision, determination or action oft the Floodplain accordance with the! Municipalities  the Zoning Hearing Board shall consider the appeal in  B. Upon receipt of such appeal Planning Code and any other local ordinance.  13    decision of the Zoning Hearing Board may seek relief  C. Any person aggrieved by any therefrom by appeal to court, as provided Pennsylvania Flood Plain Management Act.  by the laws of this State including the  DENTIFICATION OF FLOODPLAINAREAS  SECTION1119  The identified floodplain area shall be: classified as Special Flood Hazard Areas (SFHAs) in the A. any areas of Wilkes-Barre City, the accompanying Flood Insurance Rate Maps (FIRMS) Flood Insurance Study (FIS) and the Federal Emergency Management Agency (FEMA) dated June 20, 2024, and issued by including all digital data developed as part oft the  or thei most recent revision thereof, Flood Insurance Study and,  Community Identified Flood! Hazard Areas. Wilkes-Barre City and declared tol be aj part  B. any adopted by SECTION1120 The  subsequent revisions and amendments arel hereby SPECIALREOUREMINTS OF IDENTIFIED  The above referenced FIS and) FIRMS, and any  oft this Article.  DESCRIPTIONANDS FLOODPLAINAREAS  identified floodplain area shall consist oft the following specific areas:  be those areas identified in the FIS and the FIRM as floodway ofa watercourse and the adjacent land areas that must be  A. The Floodway Area shall and which represent the channel reserved in order to discharge thel base: flood by more than one (1) foot at any point. This term Flood Hazard Areas where no: floodway has  without increasing the water surface elevation shall also include floodway areas which ofi information for those Special  have been identified in other available studies been or sources identified in the FIS and FIRM.  floodway area, no encroachments, including fill, new construction,  1. Within any  other development shall be permitted unless it has  substantial improvements, or would not result in any increase occurrence oft the base flood discharge. unless the appropriate permit is Protection Regional Office.  and hydraulic analysis performed in  been demonstrated through hydrologic practice that the proposed encroachment accordance with standard engineering in flood levels within the community during the  construction or development shall be allowed,  2. Within any floodway area, no new obtained from the Department of Environmental  shall be those areas identified as an AB. Zone on the FIRM included  B. The. AE Area/District FEMA: for which base flood elevations have been provided.  int the FIS prepared by  to the floodway shall be those areas identified as an AE  1. The AE. Area adjacent included in the FIS prepared by FEMA for which base flood  Zone on the FIRM  14    elevations havel been provided and a floodway has been delineated.  without floodway shall bet those areas identified as an AE zone on the have been provided but no floodway has been determined. construction, substantial improvements, or other development shall be permitted hydrologic and without floodway, unless it has been demonstrated through analysis performed in accordance with standard engineering practice that the proposed would not result in an increase in flood levels of anticipated development, foot within the entire community during the occurrence of measured fifty (50) feet] landward from the top-of-bank ofany Area/District shall bet those areas identified as an A Zone on the FIRMincluded in For these areas, elevation, and floodway available. Where other acceptable information is  2. AE Area  FIS  FEMA for which base flood elevations  FIRM included in the! prepared by  i. No encroachments, including fill, new  in an AE Zone  hydraulic more than one the base flood discharge. ii. No new construction or development  development together with all other existing and  shall be located within the area  watercourse.  C. The A. the FIS prepared by  FEMA and for which no base flood elevations have been provided.  information from other Federal, State, or other determined using the elevation ofapoint  acceptable sources shall be used when not available, thel base flood elevation shall be  by the construction site.  oft the identified floodplain area which is nearest  on the boundary In lieu  oft the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic professional engineers or others of demonstrated accepted technical concepts. Studies, technical analyses, review by the municipality. In the absence  engineering techniques. Hydrologic and hydraulic analyses  shall be undertaken only by qualifications, who shall certify that the sufficient detail to allow a thorough ofa any of the above data or documentation,  technical methods used correctly reflect currently computations, etc., shall be submitted in the community may require elevation of the  grade.  lowest floor to be at least three feet above thel highest adjacent  District shall be those areas identified as Zones AO and AH on the  D. The. AO and AH. Area/  to inundation -percent-ammual-chance and three by feet. In Zones AO and  FIRM and in the FIS. These areas are subject AH, drainage paths shall be established to guide  shallow flooding where average depths are between one floodwaters around and away from  structures on slopes. E. Community has identified local such as flood of record, methodologies.  Identified Flood Hazard Areas shall be those areas where Wilkes-Barre City flood hazard or ponding areas, as delineated and adopted on a "Local best available topographic data and locally derived information  Flood Hazard Map" using historic high water marks, soils or approximate study  15    SECTION1121 The Identified Floodplain  CHANGES IN DENTECATONOEAREA  Area may be revised or modified by the Council where studies or  or person documents the need for such revision.  information provided by a qualified agency Flood Hazard Area, approval must be obtained However, prior to any such change to the Special but not later than six (6) months after the date from FEMA. Additionally, as soon as] practicable, shall notify FEMA ofthe changes tot the Special such information becomes available, a community scientific data. See 1124 (B) for situations where  Flood Hazard Area by submitting technical or FEMA notification is required. SECTION1122  BOUNDARY DISPUTES  identified floodplain boundary arise, an initial determination shall  Should a dispute concerning any  this decision or determination may  be made by Wilkes-Barre City and any party aggrieved by appeal to the Council. Thel burden of proof shall be on the appellant.  JURISDICTIONAL BOUNDARY CHANGES  SECTION1123 Priort to development subject tol boundary changes. areas subject to annexation or corporate  occurring in areas where annexation or other corporate boundary changes the community shall review flood! hazard data affecting thel lands  are proposed or have occurred, The community shall adopt and enforce floodplain regulations in  boundary changes which meet or exceed those in CFR  44 60.3. SECTION1124 General  TECHNICAL PROVISIONS  A. Alteration or Relocation of Watercourse 1. No encroachment, have been notified by the Regional Office. watercourse  alteration, or improvement of any kind shall be made to any  municipalities which may be affected by such action  watercourse until all adjacent municipality, and until all required permits or approvals  of Environmental Protection  have first been obtained from the Department  alteration, or improvement of any. kind shall be made to any  2. No encroachment, unless it can be shown that the activity will not reduce or impede the  flood carrying capacity of the watercourse in any way. 3. In notified priort to any alteration or relocation of any watercourse. B. When Wilkes-Barre City proposes to permit the following encroachments:  addition, FEMA andt thel Pennsylvania Emergency. Management Agency shall be  that causes ai rise in the base flood elevations within the floodway; or occurring in Zones A1-30 and Zone AE without a designated  any development floodway,  any development which will cause a rise of more than one: foot in the base flood elevation; or  16    but not limited to installing culverts and  alteration or relocation ofas stream (including the applicant shall (as per 44 CFR Part 65.12):  bridges)  conditional approval of such action prior toj permitting the  1. apply to FEMA for encroachments to occur. 2. Upon receipt oft the FEMA  Administrator's conditional approval of map change encroachments, a community shall provide  and prior to approving the proposed of floodplain management ordinances evidence to FEMA oft the adoption flood elevations and / or revised floodway  incorporating thei increased base reflecting the post-project condition.  encroachments, the applicant shall provide as-  3. Upon completion oft the proposed will initiate a final mapi revision upon receipt ofs such  built certifications. FEMA with 44 CFRI Part 67.  certifications in accordance  uses or activities allowed within any identified  C. Any new construction, development, in strict compliance with the provisions contained in floodplain area shall be undertaken codes, ordinances and regulations. D. Within any Identified! Floodplain Area, landward: no new] privately from thet top-of-bank of any watercourse.  this Article and any other applicable within the area measured fifty (50): feet  owned structures shall bel located  ELEVATION ANDE TCOBPROEINORKOIBINKENIT  SECTION1125  A. Residential Structures 1. In AE,  A1-30, and AH Zones, any new construction or substantial improvement the  basement) elevated up to, or above,  shall have the lowest floor (including Regulatory Flood! Elevation. 2. In A Zones, where there are no new construction or substantial improvement basement) elevated up to, or above, the Regulatory accordance with Section 1120.C ofthis Article. 3. In AO Zones, any new lowest floor (including basement) on the FIRM. high as1 the depth number specified 4. The design and construction International Building Code (IBC) and ASCE 24 and 34 PA Code (Chapters where they are more restrictive.  Base Flood Elevations specified on thel FIRM, any  shall have thel lowest floor (including Flood Elevation determined in  construction or substantial improvement shall have the at or above thel highest adjacent grade at least as standards and specifications contained in the 2018 and in the 2018) International Residential Code  the Commonwealth ofl Pennsylvania,  (IRC) or the latest edition thereof adopted by 401-405 as amended) shall be utilized,  17    B. Non-residential Structures 1. InA AE,  A1-30 and AH Zones, any new construction or substantial improvement of structure shalll havet thel lowest floor (including basement) elevated anon-residential. thel Regulatory Flood Elevation, or be designed and constructed so upt to, or above, enclosed below the! Regulatory Flood Elevation:  that the space  is floodproofed so that the structure is watertight with walls substantially b. has structural components with the capability of resisting hydrostatic and  a. impermeable to the passage of water and,  hydrodynamic loads and effects ofl buoyancy:  Flood Elevations are specified on the FIRM, any new  2. In A Zones, where no Base  shall have the lowest floor (including up to, or above, the Regulatory  construction or substantial improvement basement) elevated or completely floodproofed  Article.  Flood) Elevation determined in accordance with Section 1120.Cofthis.  new construction or substantial improvement shall have their  3. In AO Zones, any  floodproofed above the highest adjacent grade  lowest floor elevated or completely to at least as high as the depth number specified  on the FIRM.  non-residential structure, or part thereof, made watertight below the  4. Any Regulatory Flood W2 space classification  Elevation shall be floodproofed in accordance with the W1 or standards contained in the publication entitled "Flood- by the U.S.. Army Corps ofE Engineers (June 1972,  Proofing Regulations'publishedl December 1995) or the flood load, and flood- as amended in EP 1165-2-314, of ASCE 24.All plans and specifications for resistant construction shall requirements be accompanied by a statement certified by a registered professional engineer or in conformance with the above referenced standards. methods of construction are submitted with the permit application and a statement  such floodproofing  architect which states that the proposed design and  There should be a statement submitted with the as-built Floodproofing Certificate of Occupancy. 5. Any to the Floodplain and Certificate prior a.An Inspection properly under include at ai minimum:  Certificate prior to the issuance of the  non-residential structure that will be floodproofed must submit the following  Administrator along with the non-residential Floodproofing to thei issuance ofthe Certificate of Occupancy: and Maintenance Plan detailing the annual maintenance of  ensuring that all components will operate  floodproofed components flood conditions. Components that must be inspected 1. Mechanical equipment such as sump pumps and generators,  2. Flood shields and closures,  18    3. Walls and wall penetrations, and 4. Levees and berms (as applicable)  Operation Plan detailing the procedures to be followed  b.Flood Emergency event andi must include information pertaining tol how all components will operate properly must produce the plan. An adequate plan  during a flooding  under all conditions, including power  failures. The design professional must include the following:  1. Ane established chain of command andi responsibility with leadership responsibilities clearly defined for all aspects oft the plan. 2. A procedure for notification of necessary parties when flooding to be threatens, and flood warnings are issued. Personnel required and att thel building should have aj planned and safe means ofingress flood should have no other emergency response duties during a event. Alternates should be assigned if the primary persons responsible are unable to complete their assigned duties under the 3. A list of specific duties assigned to ensure that all responsibilities addressed expeditiously. The locations of materials necessary  plan. are the list.  must! bei includedi in  top properly install all Tpdpoofingcomponems:  4. An evacuation plan for all personnel or occupants; those duties without for duties for the flood emergency as well as those with implementing the plan. All possible ingress and egress routes 5. Aj periodic training of their duties and responsibilities. Training drills occupants should bel held aware at least once a year and should be coordinated with and construction standards and specifications contained in the 2018  must  bei identified.  and exercise program to keep personnel and  community officials.  6. The design International Building  Code (IBC) and in the 2018 International Residential Code  the Commonwealth of  (IRC) or the latest revision thereof as adopted by 401-405 as amended) shall  Pennsylvania, and. ASCE: 24 and 34PA Code (Chapters be utilized, where they are more restrictive.  C. Space below the lowest floor 1. Fully enclosed space automatic entry  below the lowest floor (excluding basements) which will be ofa vehicle, building access, ori incidental storage in an  used solely for the parking shall be designed and constructed to allow for the area other than a and basement, exit of flood waters for the purpose of equalizing hydrostatic  19    exterior walls. The term "fully enclosed space" also includes crawl for meeting this requirement must either be certified by a registered  forces on spaces. 2. Designs criteria: a. square separate walls.  meet or exceed the following minimum  professional engineer or architect, or  aminimum oft two openings having al net total area ofr not less than one (1) inch for every square foot of enclosed space installed on two (2)  b. thel bottom of all openings shalll bei nol higher than one (1)foot above grade.  may be equipped with screens, louvers, or other coverings or  C. openings devices ift they permit  the automatic entry and exit off floodwaters.  D. Historic Structures  or rehabilitation that would constitute a substantial with all ordinance requirements that comply historic structure. Documentation  Historic structures undergoing repair must improvement as defined in this Article,  dor notp preclude thes structure'scontinued. designation removal as al oft the structure from the National that a specific ordinance requirement will cause ofHistoric places must be obtained from  Register ofHistoric Places, or the Statel Inventory the Secretary ofthel Interior or the Statel Historic! Preservation ordinance requirements will be the minimum necessary to preserve  Officer. Any exemption from the historic character  and design oft the structure. E. Accessory structures Structures accessory to a principal but shall comply, at ai minimum, with the following  building need not be elevated or floodproofed to remain dry, not be designed or usedi for human habitation, but shall bel limited  requirements:  1. the structure shallt  oftools, material, and equipment related  tot thej parking ofvehicles, or to the storage tot the principal use or activity. 2. floor area shall not exceed 600 square feet. 3. The structure will have a low damage potential.  the structure will be located on the site sO as to cause the least obstruction to,t the  4. flow of flood waters. 5. power 6. permanently  lines, wiring, and outlets will be elevated to the Regulatory Flood Elevation. affixed utility equipment and appliances such as furnaces, heaters,  washers, dryers, etc. are prohibited.  20    7. sanitary facilities are prohibited. movement and shall be designed to engineer or architect, or meet or a. an minimum b. the  anchored toj prevent flotation, collapse, and lateral  8. the structure shall be adequately automatically provide for the entry and exit of floodwater for the purpose of equalizing either be certified by a registered professional for meeting this requirement must exceed the following minimum criteria:  hydrostatic forces on the walls. Designs  of two  having a net total area oft not less than one (1)  openings foot of enclosed space.  square inch for every square  bottom of all openings shalll be no higher than one (1) foot above grade. C. openings may that they permit the automatic entry and exit of flood  be equipped with screens, louvers, etc. or other coverings or  devices provided waters. that are below (Nonconversion Agreement) issuance oft the Certificate of Occupancy.  structures that are 200 square feet or larger in area (footprint) and  9. For accessory the base flood elevation, a signed Declaration ofLand Restriction  shall be recorded on the property deed prior to  ofHazardous Materials (except for gasoline up to 5 gallons) in  10. Prohibit the storage located in identified floodplain area.  accessory structures  any  SECTION1126 The following minimum within any identified floodplain area: A. Fill  DESIGN AND CONTRUICTONSTANDABDS  standards shall apply for all construction and development proposed  1.Iffill is used, it shall:  beyond thel building line from all points;  a. extend laterally at least fifteen (15)f feet! b. consist of soil or small permitted; C. be compacted to provide scouring, or settling; d. be no steeper data justifying steeper slopes Administrator; and  rock materials only - Sanitary Landfills shall not be the necessary permeability and resistance to erosion, than one vertical to two (2) horizontal feet unless substantiated (1) are submitted to, and approved by the Floodplain  be used to the extent to which it does not adversely affect adjacent properties.  e.  21    B. Drainage Facilities  to convey the flow of storm water runoff in a  Storm drainage facilities shall be designed provide positive drainage away from buildings. prevent the discharge of excess runoff onto adjacent properties. C.V Water and Sanitary Sewer Facilities and Systems  drainage along streets and  safe and efficient manner. The system shall ensure The proper system shall also be designed to  water supply and sanitary sewer facilities and systems shall  1. All new or replacement constructed to minimize or eliminate flood damage and  be located, designed and the infiltration of flood waters. 2. Sanitary sewer untreated sewage into flood waters. 3. No part of any floodplain area except in such systems. If any such system impairment toi it, or contamination from it, during  facilities and systems shall be designed to prevent the discharge of on-site waste disposal system shall be located within any identified  strict compliance with all State and local regulations for  is permitted, it shall be located to avoid  ai flood.  and construction provisions oft the UCC and FEMA #348, "Protecting  4. The design  Damages" and "The International Private Sewage  Building Utilities from Flood Disposal Code" shall be utilized.  D. Other Utilities  electrical and telephone systems shall be located,  All other utilities such as gas lines, to minimize the chance ofi impairment during a  elevated (where possible) and constructed  flood. E. Streets The finished Regulatory Flood Elevation. F. Storage  elevation of all new streets shall be no more than one (1) foot below the  flammable, explosive, or in times of flooding, could be  All materials that are buoyant, Which May Endanger Human Life, G. Placement ofBuildings and Structures minimum obstruction to the upon the flow and height of flood water.  and not listed in Section 1127, Development  injurious to human, animal, or plant life, shall be stored at or above the Regulatory Flood  Elevation or floodproofed to the maximum extent possible.  shall be designed, located, and constructed sO as to offer the  All buildings and structures flow of water and shall be designed tol have a minimum effect  22    H. Anchoring  and structures shall be firmly anchored in accordance with accepted  1. All buildings practices to prevent flotation, collapse, or lateral movement. 2. All air ducts, large pipes, Flood Elevation shalll be securely anchored or affixed  engineering  storage tanks, and other similar objects or components  located below the Regulatory toj prevent flotation.  I. Floors, Walls, and Ceilings  used at or below the Regulatory Flood Elevation shall be installed  1. Wood flooring lateral to accommodate a 2. Plywood  of the flooring, perpendicular to the flooring  expansion  grain without causing structural damage to the building.  used at or below thel Regulatory Flood Elevation shall be ofa' "marine"or  "water-resistant" variety. and constructed inundation.  at or below the Regulatory Flood Elevation shall be designed  3. Walls and ceilings of materials that are "water-resistan!" and will withstand 4. Windows, doors, and other components at or below the! Regulatory Flood) Elevation  shall be made ofi metal or other 'water-resistant" material.  J. Paints and Adhesives 1. Paints and 2.  other finishes used at or below the Regulatory Flood Elevation shall be  of"marine" or water-resistant" quality. or" "water-resistant" variety. Regulatory Flood paint or other finishing material.  Adhesives used at or bélow the Regulatory Flood Elevation shall be ofa' "marine" 3. All wooden components Elevation shall be finished with a "marine" or "water-resistant"  (doors, trim, cabinets, etc.) used at or below the  K. Electrical Components 1. Electrical elevation. 2. Separate above. L. Equipment  distribution panels shall be at least three (3) feet above the base flood electrical circuits shall serve lower levels and shall be dropped from  furnaces, air conditioning and ventilating units, and other electrical,  1. Water heaters,  or apparatus shall not be located below the  mechanical or utility equipment  23    Flood) Elevation and shall be anchored to resist floatation, collapse, and  Regulatory lateral movement.  Ductwork shall be elevated to or above the Regulatory Flood Elevation or  2. floodproofed to remain water resistant.  M. Fuel Supply Systems  shall be designed to prevent the infiltration ofi flood water  All gas and oil supply systems from the system into flood waters. Additional provisions into the system and discharges oft these systems ifi flood water infiltration occurs.  shall be made for the drainage  N. Tanks  tanks in flood hazard areas shall be anchored  1. Underground tanks. Underground lateral movement resulting from! hydrodynamic toj prevent flotation, collapse or conditions of the design flood, including the effects  and hydrostatic loads during ofbuoyancy assuming thei tank is empty.  tanks not elevated. Above-ground tanks that do not meet the of (Community Ordinance No.) shall: in flood hazard areas (Zone A) other than coastall high and constructed toj prevent flotation, collapse or  2. Above-ground elevation requirements  a. Bej permitted and Coastal A Zones, provided the tanks are anchored or otherwise designed resulting from hydrodynamic and hydrostatic loads lateral movement conditions oft the design flood, including the effects ofbuoyancy during assuming the tank is empty and the effects of flood-borne debris.  hazard areas  in coastal highl hazard areas (Zone V) and Coastal A elevated. Above-ground tanks in flood hazard areas shall  b. Not be permitted Zones. 3. Above-ground tanks,  flood elevation and attached to a  be elevated to or above the regulatory movement during conditions oft the design flood. shall meet the foundation requirements oft the applicable  flotation, collapse, or lateral  supporting structure that is designed to prevent Tank-supporting structures  flood hazard area.  fill openings, outlets and vents shall be:  4. Tank inlets and vents. Tank inlets,  At or above the regulatory flood elevation or fitted with covers designed  a. during  thei inflow ofi floodwater or outflow oft the contents ofthe tanks  to] prevent conditions oft the design flood; and  toj hydrostatic loads, the design flood.  lateral movement resulting from hydrodynamic and  b. Anchored prevent including the effects of buoyancy, during conditions of  24    floodways that have the potential to block the passage of floodwaters,  O. Fences in regulated and wire mesh fences, shall meet the limitations of Section  such as stockade fences 1120.A.  P. Pools reference. ASCE 24 and FEMA guidance document. Uniform Construction Code Coordination The Standards and Specifications sections and sub-sections of this Article, supplement the requirements ofthis Article.  contained in 34 PA Code (Chapters 401-405), as provisions shall apply to the above and other  amended, and not limited to the following to the extent that they are more restrictive and  Code (IBC) 2018 or the latest revision thereof as adopted by the  International Building Secs. 801,1202,1403,1 1603, International Residential  Commonwealth ofl Pennsylvania: 1605, 1612, 3402, and Appendix G.  Building Code (RC)_2018 or the latest revision thereof as  adopted by the Commonwealtho ofPennsylvania: Secs. R104,R105,R109, R322, Appendix E, and AppendixJ.  HUMANLIFE of Community and Economic by of Environmental Protection as  SECTION1127  MOICARINATAYPONCON Flood Plain Management Act as amended, and the  A. In accordance with the Pennsylvania regulations originally adopted by the Department amended the Pennsylvania Emergency Development, to be further adopted or Management Agency in consultation with the Department structure which: required by the Act, any new or substantially improved  be used for the production or storage of any of the following dangerous  1. will  materials or substances; or, 2. will be used for any activity 550 gallons, or other comparable materials or substances on the premises; or,  requiring the maintenance of a supply of more than volume, of any of the following dangerous  involve the production, storage, or use of any amount of radioactive  3. will substances;  of this section, in addition to all other applicable  shall be subject to the provisions materials and substances are considered dangerous to  provisions. The following list of  human life:  Acetone Ammonia Benzene Calcium carbide Carbon disulfide  25    Celluloid Chlorine Hydrochloric acid Hydrocyanic acid Magnesium Phosphorus Potassium Sodium  Nitric acid and oxides ofr nitrogen Petroleum products (gasoline, fuel oil, etc.)  Sulphur and Sulphur products fungicides, and rodenticides) Pesticides (including insecticides, such substances are not otherwise regulated.  Radioactive substances, insofar as  improved structure oft the  Within Identified Floodplain Area, any new or substantially  B.  any kind described in Subsection (50) feet landward from thei top-of-bank  A., above, shall be prohibited within the area measured fifty structure oft the kind described in Subsection A., above,  of any watercourse.  C. Within any Floodway Area, any within any Identified Floodplain Area, any new or shall be prohibited. Where permitted structure of the kind described in Section 1127 (A), substantially improved residential completely dry up to at least one and one half(1 %) feet  above, shall be elevated to remain above base flood elevation and built in non-residential structure oft the  accordance with Sections 1124, 1125 and 1126.  Identified Floodplain Area, any new or substantially improved  D. Where permitted within any kind described in Section 1127 (A) above, shall be built in  accordance with Sections 1124, 1125 and 1126i including: 1. elevated, or designed feet above base flood elevation, and  and constructed to remain completely dry up to at least one  and one half (1 %) 2. designed to prevent pollution Any such structure, or part Regulations (U.S.Army Corps orwith some other equivalent watertight  from the structure or activity during al base flood. thereof, that will be built below the Regulatory Flood constructed in accordance with the standards for  Elevation shall be designed and contained in the publication "Flood-Proofing completely dry floodproofing of Engineers, June 1972 as amended March 1992),  standard.  SPECIALREQUIREMENIS FOR SUBDIVISIONS AND  SECTION1128  DEVELOPMENTS  proposals containing at least 50 lots or at least 5  All subdivision proposals and development Floodplain Areas where base flood elevation data are acres, whichever is the lesser, inl Identified andl hydraulic engineering analyses that not available, shall be supported by hydrologic information. The analyses shall bej prepared by a  determine base flood elevations and floodway  26    engineer in a format required by FEMA for a Conditional Letter ofMap  licensed professional  Revision (LOMR). Submittal requirements and  Revision (CLOMR) and Letter ofMap  processing fees shall be the responsibility oft the applicant.  SPECIALI REQUIREMENTS FOR MANUFACTURED HOMES Area/District, manufactured homes shall be prohibited.  SECTION1129  A. Within any Floodway area measured fifty (50) C. Where permitted within any improvements thereto, shall be: 1. placed on aj permanent foundation; half(1 Ya) feet abovel base flood  Area manufactured homes shall be prohibited within the Identified Floodplain Area, all manufactured homes, and any  B. Within any Identified Floodplain feet landward from the top-of-bank of any watercourse.  that the lowest floor oft the manufactured home is at least one and one  2. elevated sO  elevation;  3. and anchored to resist flotation, collapse, or lateral movement.  D. Equipment requirement: 1. Water heaters, Regulatory Flood lateral movement.  furnaces, air conditioning and ventilating units, and other electrical,  or apparatus shall not be located below the  mechanical or utility Elevation equipment and shall be anchored to resist floatation, collapse, and Ductwork shall be elevated to or above the Regulatory Flood Elevation or of manufactured homes shall be done in accordance with the manufacturers'  2. E. Installation  floodproofed to remain water resistant. installation instructions as provided by  the manufacturer. Where the applicant cannot of Appendix E oft the 2018 "International  provide the above information, the requirements ofl Housing and Urban. Development's Residential Building Code" ort the' "U.S.I Department 1984 Edition, draft or latest revision  Permanent Foundations for Manufactured Housing," thereto and 341 PA Code Chapter 401-405 shall apply.  to thei installation1 requirements ofthe 20181 IBC, and the 2018  F. Consideration shall be given  the Commonwealth ofl Pennsylvania, and  IRC or the latest revision thereto as adopted by and/or applicable to units where the  34 PA Code, as amended where appropriate manufacturers' standards for anchoring cannot be provided  or were not established for the  proposed unit(s) installation.  SVECIALREQUREMINIS FORRECREATIONAL VEHICLES  SECTION1130  A. Recreational vehicles in Zones A, A1-30, AH and AE must:  27    1. be on the site for fewer than 180 consecutive days, and  licensed and ready for highway use which means the recreational vehicle or park model is on wheels or jacking devices, system, and has no permanent attachments  2. be fully  is attached to the site only by quick-  disconnect type utilities and security such as additions, rooms, stairs, decks, and porches,  and  for more than 7 consecutive days or 30 daysi in a calendar year, and  3. not be occupied  4. bei removed from the floodplain when ai flood warning is issued.  SECTION1131  PROHIBITED ACTIVITIES  of oft the following activities; or the construction, enlargement, or expansion  The development any intended to be used, for any oft the following activities is prohibited in  of any structure used, or any Identified Floodplain Area:  1. Nursing homes 2. Jails or prisons 3. The  commencement of, or any construction of, a new manufactured home park or  subdivision, or substantial improvement to an existing  manufactured home or manufactured home subdivision.  manufactured home park  ACTIVITIES REQUIRINGI SPECIALI PERMITS  SECTION1132 Section 1132.1 General  adopted by the Department of Protection as required by the Act, Identified Floodplain Area unless a Special  In accordance with the administrative regulations originally thel Pennsylvania Flood Plain Management Community and Economic Development to implement the Pennsylvania Emergency Management  Act as amended, to be further adopted or amended Environmental by Agency in consultation with the Department ofl the following activities shall be prohibited within any Permit has been issued by Wilkes-Barre City:  ofthe following activities; or the construction, enlargement, or  A. The commencement of any used, ori intended to be used, for any oft the following activities:  expansion of any structure 1. Hospitals  Section 1132.2 Application Requirements for Special Permits  Permits shall provide five copies oft the: following items:  Applicants for Special  A. A written request including a completed Permit Application Form.  28    scale showing the vicinity in which the proposed site is located.  B. A small  map  andl legibly drawn at a scale of one (1) inch being equal to  C. Aj plan oft the entire site, clearly  onel hundred (100) feet or less, showing the following: 1. north arrow, scale and date;  based upon the North American Vertical Datum (NAVD) of 1988, and lot lines including dimensions, and the size oft the site expressed in  2. topography existing and proposed contours at intervals of two (2) feet;  showing 3. all property acres or square feet;  4. thel location ofall existing streets, driveways, other access ways, and construction, parking areas, and with information concerning widths, pavement types and  elevations;  5. the location of any existing bodies of water or watercourses, buildings, facilities, structures and and other public or private facilities, including railroad tracks and the other natural and man-made features affecting, or affected by, proposed 6. the location of the floodplain boundary line, information and the spot flow elevations of water concerning the base flood elevation, and information concerning  any  activity or development;  including direction and velocities; improvements; and 8. any review ofthe application.  7. the location of all proposed buildings, structures, utilities, and any other  other information which the municipality considers necessary for adequate  buildings, structures and other improvements, clearly and legibly detailed architectural or engineering drawings, including floor plans, building, the elevation of the lowest floor (including basement) information concerning flood depths, pressures, velocities, impact and  D. Plans of all proposed  drawn at suitable scale showing the following:  1. sufficiently  sections, and exterior building elevations, as appropriate; 2. for any proposed the elevation of any other floor;  and as required, 3. complete uplift forces, and  other factors associated with the base flood;  4. detailed information concerning any proposed floodproofing Maintenance measures, including Plan;  the Flood Emergency Operation Plan and thel Inspection and  section drawings for all proposed streets, driveways, other accessways, and  5. cross  29    parking areas, showing all rights-of-way and pavement widths;  drawings for all proposed streets, driveways, and vehicular accessways and profiles of all proposed sanitary and storm sewer systems, water supply  6. profile including existing and proposed grades; and 7. plans and any other utilities and facilities.  systems,  E. The: following data and documentation:  certification from the applicant that the site upon whichi the activity or development  1.  and single parcel, owned by the applicant or the professional engineer, architect, or landscape  is proposed is an existing separate client he represents; architect that the proposed against damage from the base flood; architect, or other qualified person description oft the nature and extent ofpollution development during al base flood, including a statement pollution may have on human life;  2. certification from a registered construction has been adequately designed to protect  certified by a registered professional engineer, architect, landscape  3. as statement,  which contains a complete and accurate that might possibly occur from the concerning the effects such  certified a registered professional engineer, architect, or landscape  4. as statement  by  and accurate description of the effects the  architect, which contains a complete flood elevation and flows;  proposed development will have on base architect, which contains a complete located on1 the site below the base flood debris may have on base flood elevation and flows; "Planning Module for Land! Development;"  certified by ai registered professional engineer, architect, or landscape  5. as statement,  and accurate description of the kinds and debris that may possibly exist or be  amounts of any loose buoyant materials elevation or and the effects such materials and  component of the Department of Environmental Protection's excavation or grading is proposed, aj plan meeting the requirements of Environmental Protection to implement and maintain erosion permits such as, but not limited to, a permit for any activity ofEnvironmental Protection under Section 302ofAct which fully explains the manner in which the site will be safely  6. the appropriate 7. where any the Department of and sedimentation control; 8. any other applicable regulated by thel Department 1978-166; and 9. an evacuation plan evacuated before or during  the course ofal base flood.  30    SECTION1132.3 APPLICATIONI REVIEW PROCEDURES Upon receipt of an application Sections 1108-1118: shall apply in addition to those of A. Within three (3) working days application and all accompanying  for a Special Permit by Wilkes-Barre City the following procedures  following receipt oft the application, a complete copy ofthe documentation shall be forwarded to the County  mail for its review and recommendations.  Planning Commission by registered or certified forwarded to Wilkes-Barre City Planning Copies of the application shall also be for review and comment. B. Ifan application stating in what respect the application is deficient.  Commission and Wilkes-Barre City engineer  is received thati is incomplete, Wilkes-Barre City shall notify the applicant decides to disapprove an application, it shall notify the applicant, in  in writing, C.I IfWilkes-Barre City writing, oft the reasons for the disapproval. D.. IfWilkes-Barre City approves Management. Agency, by registered date of approval. E. Before issuing the Special Agency, to review the application F.If Wilkes-Barre City Emergency Management Agency Special Permit to the applicant. for the disapproval, and A. In addition to the requirements minimum requirements shall also apply any Permit. Ift there is any Sections 1124-1130 ofthis Article or in any restrictive provision shall apply. B. No application for a Special structure or activity will bel located, 1. Fully protect structure. At a minimum, constructed so that:  an application, its shall file written notification, together with information, with the Pennsylvania Emergency  the application- and all pertinent or certified mail, within five (5) working days after the  Permit, Wilkes-Barre City shall allow the Pennsylvania thirty (30) days, after receipt of the notification by the  Emergency Management Agency and decision made by Wilkes-Barre City.  does not receive any communication from the Pennsylvania  during the thirty (30) day review period, it may issue a Management Agency should decide to disapprove an  G. If the Pennsylvania Emergency Wilkes-Barre City and the applicant, in writing, of the reasons application, it shall notify Wilkes-Barre City shall not issue the Special Permit. SECTION1132.4 SIGNLTORTALIEGNAANN of Sections 1124-1130 of this Article, the following  to proposed development requiring a Special  requirements and those in ordinance, or regulation, the more  conflict between any of the following  other code,  Permit shall be approved unless it can be determined that the constructed, and maintained in ai manner which will: the health and safety of the general public and any occupants oft the all new structures shall be designed, located, and  31    a. the structure will survive inundation' by waters oft thel base flood without any lateral movement or damage to either the structure itself, or to any ofi its b. the lowest floor (including basement) will be elevated to at least one and C. the occupants oft the structure can remain inside for an indefinite period of time and' be safely evacuated at any time during thel base flood.  equipment or contents below thel BFE. one. half(1 Va) feet above base flood elevation.  of  increased flood levels or flows, or  2. Prevent any significant possibility pollution, debris endangering life and property.  All hydrologic and hydraulic analyses shall bet undertaken only by professional engineers or others ofd demonstrated qualifications, who shall certify that the technical methods used correctly reflect accepted technical concepts. Studies, analyses, computations, etc. shall be submitted in currently sufficient detail to allow a thorough technical review by Wilkes-Barre City and thel Pennsylvania  Emergency Management Agency. SECTION1133 Section 1133.1) Existing Structures  EXISTING STRUCTURES IN DINTEEDFLOODPLAIN, TAREAS  Thej provisions ofthis Article do not require any changes ori improvements to be made to lawfully the existing structures. However, when an improvement is made to any existing structure,  provisions of Section 1133.2 shall apply. Section 1133.2 Improvements The following provisions  shall apply  whenever any improvement is made to an existing structure  located within any Identified Floodplain Area:  A. No6 expansion ore enlargement of an existing structure shall be allowed within any Floodway B. No expansion or enlargement of an existing structure shall be allowed within AE Area/District without floodway that would, together with all other existing and anticipated C.A modification, alteration, reconstruction, or improvement of any kind to an existing Any structure to an extent or amount of fifty (50) percent or more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with D. The above activity shall also address the requirements oft the 34PA Code, as amended and the 2018 IBC and the 2018 IRC or most recent revision thereof as adopted by the E. Within any Floodway Area/District (See Section 1120 A), no new construction or  Area/District that would cause any increase in BFE.  development, increase the BFE: more than one (1) foot at any point.  the provisions oft this Article.  Commonwealth of Pennsylvania.  32    shall be allowed, unless the appropriate permit is obtained from the  development  Department of] Environmental Protection Regional Office.  F.Within any AE. Area/District without Floodway (See Section 1120 B), no new construction the or development shall! be located within the area measured fifty (50): feet landward from  top-of-bank of any watercourse. result ofbeing "repetitively  modification, alteration, reconstruction, or improvement of any kind occurring as a  G.A Any  damaged," as defined in this Article, shall be undertaken only  ini full compliance with the provisions oft this Article.  SECTION1134 Section 1134.1 General upon request,  VARIANCES  Ifcompliance with any ofthe requirements oft this Article would result in an exceptional hardship  builder, developer, or landowner, Wilkes-Barre City Zoning Hearing. Board may,  to aj prospective grant relief from the strict application oft thei requirements.  Section 1134.2 Variance Procedures and Conditions  for variances shall be considered by Wilkes-Barre City Zoning Hearing Board in A. No variance shall be granted: for any construction, development, use, or activity within any B. Nov variance shall be granted for any construction, development, use, or activity within any and AE Area/District without floodway that would, together with all other existing anticipated development, increase thel BFE: more than one (1) foot at any point. C. No variances shall be granted for a proposed accessory structure that exceeds 600 square  Requests accordance with the procedures contained in Section 1118 and the following:  Floodway Area/District that would cause any increase in the BFE.  Non-Conversion Agreement is required as a condition of receiving  feet in size. A signed the variance.  D. Except for a possible modification of the Regulatory Flood Elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specificallyt to developmenti regulated by SpecialP Permit (Sections 1132)ortoDevelopment  Which May Endanger Human Life (Section 1127).  E. No variance shall be granted for Prohibited Activities (Sections 1131).  F. If granted, a variance shall involve only the least modification necessary to provide relief.  variance, Wilkes-Barre City Zoning Hearing Board shall attach whatever and safeguards it considers necessary to protect the public health,  G. In granting conditions any  reasonable safety, and welfare, and to achieve the objectives of this Article.  33    H. Whenever a variance is granted, Wilkes-Barre City Zoning Hearing Board shall notify the  applicant in writing that:  1. The granting of the variance may result in increased premium rates for flood  insurance.  2. Such variances may increase the risks to life and property.  I. In reviewing any request for a variance, Wilkes-Barre City Zoning Hearing Board shall  consider, at a minimum, the following: 1. That there is good and sufficient cause.  2. That failure to grant the variance would result in exceptional hardship to the  applicant.  3. That the granting of the variance will  a. neither result in an unacceptable or prohibited increase in flood heights, additional threats toj public safety, or extraordinary public expense, b. nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.  J. A complete record of all variance requests and related actions shall be maintained by Wilkes-Barre City Zoning Hearing Board. In addition, a report of all variances granted Notwithstanding any oft the above, however, all structures shall be designed and constructed so as  during the year shall bei included int the annual report to thel FEMA. tol have the capability ofi resisting the one percent (1%) annual chance flood.  34