CITY OF WILKES-BARRE  PENNSYLVANIA WILKE  1871  CITY COUNCIL AGENDA  CITY COUNCIL MAY 9, 2024  PLEDGE OF ALLEGIANCE  ROLL CALL  CONSENT AGENDA RESOLUTIONS/MINUIES)  ORDINANCE  PRESENTATIONS BY COUNCIL MEMBERS  PUBLIC DISCUSSION ADJOURNMENT    CITY COUNCIL MAY 9, 2024  CONSENT AGENDA ESOUTONSMINUI)  RESOLUTION  Authorizing the Mayor to enter into an agreement with the lowest, most qualified bidder, PennEastern Engineers, LLC., ini the amount of $25,000.00 for the Kirby Park. ADA and other Upgrades Project along with any or all other project documents. The project willl be funded through thel Pennsylvania Department of Community and Economic Development's (DCED)  Marketing to Attract Tourist grant funding.  MINUTES  Oft the Wyoming Valley Sanitary Authority ofl March 19, 2024.  Oft the Parking Authority of April 23, 2024. Oft the Parking Authority of March 19, 2024. Oft the Traffic Committee of March 28, 2024. Oft the Regular Session of City Council of April 25, 2024.  ORDINANCE  FILEOF COUNCILNOZ0F2024- AN ORDINANCE OF THE CITY OF WILKES-BARRE, PENNSYLWVANIA REPEALING "ARTICLE 11 FLOOD PLAIN MANAGEMENT" OF APPENDIXA IN THE CODE OF ORDINANCES OF THE CITY OF WILKES-BARRE AND ENACTING A NEW ARTICLE 11 ENTITLED "FLOOD PLAIN MANAGEMENT" IN APPENDIX, A. (FIRST READING)    Resolution No.,  Wilkes-Barre, PA  BEITRESOLVED by the City Council ofthe CiyoWilkes-Barre:  WHEREAS, the City of Wilkes-Barre has publicly advertised for engineering services WHEREAS, the project will consist ofinstallation of ADA compliant pathways from the parking lot area to access the main softball field, track area and restrooms. Additionally, new ADA curb cuts and ramps will bei installed from the parking lot area to the ADA pathways. Lastly, ADA parking areas will be designated and the parking lot area and main roadway into  related to the Kirby Park. ADA and Other Upgrades Project;  Kirby Park will bei repaved;  NOW, THEREFORE, BEI IT RESOLVED by the City Council ofthe City of Wilkes- Barre that the Mayor is hereby authorized to enter into an agreement with the lowest, most qualified bidder, PennEastern Engineers, LLC., in the amount of $25,000.00 for the project, along with any or all other project documents, related to Kirby Park. ADA and Other Upgrades Project. The project will be funded through the Pennsylvania Department of Community and Economic Development's (DCED) Marketing to Attract Tourist grant funding.  Submitted by.  ROLLCALL    FILE OF COUNCIL No. of2024 ANORDINANCE  OFTHE CITY OF WILKES-BARRE, PENNSYLVANIA REPEALING "ARTICLE11 FLOOD PLAIN MANAGEMENT OF APPENDIX AIN THE CODE OF ORDINANCES OF' THE CITY OF WILKES-BARRE AND ENACTING A NEW ARTICLE11 ENTITLED "FLOOD! PLAIN  MANAGEMENT IN APPENDIX A  NOW,THEREFORE, IT IS: HEREBY ORDERED AND: ENACTED BY THECITY COUNCIL OF THE CITY OF WILKESBARRETHAT APPENDIX. A: ARTICLE 11 ENTITLED FLOOD: PLAIN MANAGEMENT OF' THE. ZONING ORDINANCE IN' THE CITY OF WILKES-BARRE CODE OF ORDINANCBSI IS  HEREBY ENACTED ASFOLLOWS:  APPENDIX A. ZONING ORDINANCE  ORDINANCE.  Thenew "Article 11: Floodplain Management" section of the City of  Wilkes-Barre Zoning Ordinance SEVERABILITY.  The provisions of this ordinance are severable. Ifany part of this ordinance is declared to 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, or 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 Contents  FLOOD PLAIN MANAGEMENT  SECTION 1101 STATUTORY AUTHORIZATION. SECTION 1102 GENBRALPROVIBIONS SECTIONI 1103 APPLICABILITY SECTION1105 SEVERABILITY SECTION1107 DEFINITIONS SECTION1 1108 ADMINISTRATION. Designation oft the Floodplain Administrator. SECTION1109 PERMITS REQUIRED.  SECTION 1104 ABORGATION and GREATER RESTRICTIONS SECTION1106 WARNING. ANDI DISCLAIMER OFLIABILITY  2 2 2 2 7  SECTION1110 DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN SECTION1111 APPLCATOAPROCEDURES AND RBQUIREMENIS. SECTION1112 REVIEW! BY COUNTY CONSERVATIONI DISTRICT.. SECTION1113 REVIEW OF APPLICATION: BY OTHERS.  ADMINISTRATOR.  d& 11 12 12 12 12 12 13 14 14 16 16 16 16 17 21 25 .26  SECTION1114 CHANGES. SECTION1115 PLACARDS SECTION1116 START OF CONSTRUCTION SECTION1117 ENFORCEMENT. SECTION1118 APPEALS FLOODPLAIN: AREAS.  SECTION1119 IDENTIFICATION OF FLOODPLAIN AREAS.. SECTION 1121 CHANGES IN: IDENTIFICATION OF AREA SECTION 1122 BOUNDARY DISPUTES. SECTION1123 JURISDICTIONAL BOUNDARY CHANGES SECTION1124 TECHNICAL PROVISIONS.  SECTION1120 DESCRIPTION: AND SPECIAL REQUIREMENIS OF IDENTIFIED  SECTION1125 ELEVATION AND. FLOODPROOFING REQUIREMENTS. SECTION1126 DESIGN AND CONSTRUCTION STANDARDS SECTION1127 DEVELOPMENT THATMAY: ENDANGER HUMANLIFE. SECTION1128 SPECIAL REQUIREMENIS FOR SUBDIVISIONS AND  DEVELOPMENTS.  i    SECTION 1129 SPECIAL REQUIREMENTS FORI MANUFACTURED HOMES. SECTION1130 SPECIAL REQUIREMENTS FORI RECREATIONAL VEHICLES.  27 27 28 28 28 28 31 31 32 32 33 33 33 35 35  SECTION1131 PROHIBITED ACTIVITIES  SBCTION1132 ACTIVITIES REQUIRING SPECIAL PERMITS Section 1132.2 Application Requirements for Special Permits SECTION1132.3 APPLICATION REVIEW PROCEDURES. SECTION 1132.4 SPECIAL TECHNICAL REQUIREMENTS.  Section 1132.1 General.  SECTION 1133 EXISTING STRUCTURES IN: IDENTIFIED FLOODPLAIN AREAS...32  Section 1133.1 Existing Structures Section 1133.2 Improvements SECTION 1134 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 ALLI PERSONS, PARTNERSHIPS, BUSINESSES, AND CORPORATIONS TO OBTAIN. A PERMIT: FOR ANY CONSTRUCTION OR DEVELOPMENT; PROVIDINGI FOR THE ISSUANCE OF SUCH PERMITS; SETTING FORTH CERTAIN MINIMUM: REQUIREMENTS FOR NEW CONSTRUCTION AND DEVELOPMENT WITHIN AREAS OF WILKES-BARRE CITY WHICH. ARE SUBJECT TOI FLOODING; AND! ESTABLISHING PENALTIES FOR. ANY PERSONS WHO1 FAIL, OR REFUSE7 TO COMPLY WITH, THE REQUIREMENTS OR PROVISIONS OF THIS  ARTICLE.  SECTION 1101  STATUTORY AUTHORIZATION  The Legislature oft the Commonwealth of Pennsylvania has, by the passage oft the Pennsylvania Flood Plain Management Act of1978 as amended by Act 65 of2022, delegated the responsibility to local governmental units to adopt floodplain management: regulations to promote public health, safety, and the general welfare ofi its citizenry. Therefore, the Council of  Wilkes-Barre City does hereby order as follows.  SECTION 1102  GENERAL: PROVISIONS  The intent ofthis Article is to:  A. Promote the general health, welfare, and safety oft the community.  B. Encourage the utilization of appropriate construction practices in order to prevent or C.N Minimize danger to public health by protecting water supply and natural drainage. D. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to: flooding. E. Comply with federal and state: floodplain management requirements.  minimize flood damage in the future.  SECTION 1103 APPLICABILITY  Its shall be unlawful for any person,] partnership, business, corporation, or government agency (land trusts, local, county, state, or federal entities are not exempt) to undertake, or cause to be  1    undertaken, any construction or development anywhere within Wilkes-Barre City unless al Permit  has been obtained from thel Floodplain Administrator.  SECTION 1104 ABORGATION and GREATER RESTRICTIONS  This Article supersedes any other conflicting provisions which may be in effect in identified floodplain areas. However, any other ordinance provisions shall remain in full force and effect to the extent that those provisions are more restrictive. If there is any conflict between any of the  provisions ofthis Article, the more restrictive shall apply.  SECTION 1105  SEVERABILITY  If any section, subsection, paragraph, sentence, clause, or phrase of this Article shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions oft the Ordinance, which shall remain in full: force and effect, and for this purpose the provisions of this  Article are hereby declared to be severable.  SECTION1106  WARNING AND DISCLAIMER OF LIABILITY  The degree of flood protection sought by the provisions oft this Article is considered reasonable for regulatory purposes and is based on accepted engineering methods of study. Larger floods may occur, or floodl heights may bei increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Article does not imply that areas outside any identified floodplain areas, or that land uses permitted within such areas will be free from flooding or flood This Article shall not create liability on the part of Wilkes-Barre City or any officer or employee thereof for any flood damages that result from reliance on this Article, or any administrative  damage.  decision lawfully made thereunder. SECTION 1107 DEFINITIONS  General  Unless specifically defined below, words and phrases used int this Article shall bei interpreted sO  as to give this Article its' most reasonable application.  Specific Definitions  1. Accessory use or structure a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2. ASCE 24 means a standard titled "Flood Resistant Design and Construction" that is referenced by the Uniform Construction Code. ASCE: 24 is developed and published by 3. Base flood - a flood which has a one] percent chance of being equaled or exceeded in any given year (also called the "100-year flood" or one percent (1%) annual chance flood). 4. Base flood discharge - the volume ofwater resulting from al Base Flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).  the American Society of Civill Engineers, Reston, VA.  2    5. Base flood elevation (BFE) - the elevation shown on1 thel Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any 6. Basement- - any area oft thel building having its floor below ground level all 7. Building a combination ofr materials to form aj permanent structure having walls and a roof. Included shall be all manufactured homes and trailers tol be used for human 8. Declaration ofLand Restriction Non-Conversion Agreement) - A form signed by the property owner to agree not to convert or modify in any manner that isi inconsistent with the terms ofthe permit and these regulations, certain enclosures below the lowest floor of elevated buildings and certain accessory structures. The form requires the owner to record it on the property deed toi inform future owners oft the restrictions. 9. Development any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision ofl land. 10.) Existing manufactured home park or subdivision = ai manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at ai minimum, the installation of utilities, the construction ofs streets, and either final site grading or the pouring ofo concrete pads) is completed before the effective date oft the floodplain management regulations 11. Expansion to an existing manufactured home park or subdivision = the preparation of additional sites by the construction of facilities for servicing the lots on' which the manufactured. homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 13.Flood Insurance Rate Map (FIRM) - the official map on which the Federal Emergency Management Agency has delineated both the areas ofs special flood hazards and the risk 14. Flood Insurance Study (FIS) - the official report provided by the Federal Emergency Management Agency that includes floodj profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. 15.Floodplain area- - arelatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river, or watercourse; and/or any area subject to the unusual and rapid accumulation ofs surface waters from any source. 16.F Floodproofing any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. 17.Floodway the channel ofar river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the 18.1 Highest Adjacent Grade The highest natural elevation of the ground surface prior to  given year.  on sides.  habitation.  adopted by a community.  12.] Flood at temporary inundation ofnormally dry land areas. premium zones applicable to the community.  water surface elevation more than one: foot. construction: next to thej proposed walls of a structure.  3    19.Historic structures - any structure that is:  a. Listed individually in thel National Register ofHistoricl Places (al listing maintained by the Department of] Interior) or preliminarily determined by the Secretary oft thel Interior as meeting the requirements for individual listing on the b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance ofa registered historic district ora district preliminarily determined by the Secretary to qualify as a registered C. Individually listed on a state inventory ofhistoric places in states which have been d. Individually listed on a local inventory ofhistoric places in communities with i. By an approved state program as determined by the Secretary oft the ii. Directly by the Secretary of the Interior in states without approved  National Register;  historic district;  approved by the Secretary oft the Interior; or historic preservation that have been certified either:  Interior or programs.  20. Identified Floodplain Area- this term is an umbrella termi that includes all the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the Special Flood Hazard. Area on the Flood Insurance Rate Maps and Flood Insurance Study but may include additional areas identified by the community. See Sections 1119 and 1120 for the specifics on what areas the community 21.Lowest floor thel lowest floor oft thel lowest fully enclosed area (including basement). An unfinished, flood resistant partially enclosed area, used solely for parking ofvehicles, building access, and incidental storage, in an area other than al basement areai is not considered the lowest floor ofa building, provided that such space is not designed and built sO that the structure is in violation of the applicable non-elevation design 22. Manufactured home a structure, transportable in one or more sections, which is built on ap permanent chassis, and is designed for use with or without aj permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site: for more than 180 23. Manufactured home park or subdivision - aj parcel (or contiguous parcels) ofl land divided 24. Market value (as it pertains to the Floodplain Management Ordinance). The building value, excluding the land, as would be agreed to between a willing buyer and seller, as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value) or adjusted assessed tax assessment values adjusted to approximate market value by a factor provided by the County Tax. Assessment Office. 25.1 New construction - structures for which the start of construction commenced on or after June 20, 2024, and includes any subsequent improvements to such structures. Any construction started after September 30, 1977, and before June 20, 2024, is subject to the ordinance in effect at the time the permit was issued, provided the start of construction  has included in the Identified Floodplain Area.  requirements oft this Article.  consecutive days.  into two or more manufactured home lots for rent or sale.  4    was within 180 days of permit issuance.  26. New manufactured home park or subdivision = a manufactured home park or subdivision for which the construction off facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction ofs streets, and either final site grading or thej pouring of concrete pads)i is completed on or after the effective date off floodplain management regulations adopted by 27. Person an individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties. 28. Post-FIRM Structure is a structure for which construction or substantial improvement occurred after the community's initial Flood Insurance Rate Map (FIRM) dated September 30, 1977, and, as such, would be required to be compliant with the regulations 29.E Pre-FIRM Structure is as structure for which construction or substantial improvement occurred on or before the community'si initial Flood Insurance Rate Map (FIRM) dated September 30, 1977, and, as such, would not bei required to be compliant with the  ac community.  oft thel National Flood Insurance! Program.  regulations oft the National Flood Insurance Program. 30. Recreational vehicle - a vehicle which is: a. built on a single chassis;  b. not more than 400 square feet, measured at the largest horizontal projections; C. designed tol be self-propelled or permanently towable by a light-duty truck, d. not designed for use as aj permanent dwelling but as temporary living quarters for 31. Regulatory Flood Elevation - the base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of one and one-half(1 Y) feet. The freeboard safety factor also applies to utilities and ductwork. 32. Repetitively damaged- -1 flood related damages sustained by a structure on two or more separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event, cumulatively, equals or exceeds 50 percent oft the market value of 33. Special permit - a special approval which is required for hospitals, nursing homes, jails, and new: manufactured home parks/ subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion ofa 34. Special flood hazard area (SFHA) -I means an area int the floodplain subject to a 1 percent or greater chance of flooding in any given year. Iti is shown on the FIRM as Zone A, AO, 35. Start of construction - includes substantial improvement and other proposed new development and means the date thel Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after the date oft the permit and shall be completed within twelve (12) months after the date ofi issuance oft thej permit unless ai time extension is granted, in writing, by thel Floodplain Administrator. The actual start means either the first placement of permanent construction ofa structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work  recreational, camping, travel, or seasonal use.  the structure before the damages occurred.  floodplain.  A1-A30, AE, A99, or AH.  5    beyond the stage of excavation; or thej placement ofar manufacturel home on ai foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include excavation for al basement, footings, piers, or foundations or the erection oftemporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Fora substantial improvement, the actual start of construction means the first alteration ofany wall, ceiling, floor, or other structural part of al building, whether or not that alteration 36. Structure- - a walled and roofed building, including a gas or liquid storage tank that is 37. Subdivision the division or re-division ofal lot, tract, or parcel ofland by any means into two or more lots, tracts, parcels or other divisions ofl land including changes in existing lot lines for the purpose, whether immediate or future, ofl lease, partition by the court: for distribution tol heirs, or devisees, transfer of ownership or building or lot development: Provided, however, that the subdivision' by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any 38. Substantial damage damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent or more oft the market value oft the structure before the damage occurred, 39. Substantial improvement - any reconstruction, rehabilitation, addition, or other improvement ofa a structure, of which the cost equals or exceeds fifty (50) percent oft the market value of the structure before the "start of construction" oft the improvement. This term includes structures which have incurred "substantial damage" or "repetitively damaged" regardless oft the actual repair work performed. The rolling period of accumulation ofimprovements for a building or structure ends when the permit for the first improvement is finalized or closed. Thei term does not, however, include any project fori improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living 40. Tanks- - including those associated with utility service to a building or that are or located under al building, and tanks that do not serve buildings, such as chemical and 41. Uniform Construction Code (UCC)-1 The statewide building code adopted by The Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department ofLabor and Industry. Applicable to residential and commercial buildings, The Code adopted The International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to 42. Variance- A grant ofrelieft by a community from thet terms ofa floodplain management 43. Violation - means the failure of a structure or other development to be fully compliant  affects the external dimensions of thel building. principally above ground, as well as a manufactured home.  residential dwelling, shall be exempted.  conditions. fuel tanks.  attached to  various sections oft the IRC and the IBC.  regulation.  6    with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR $60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to bei in violation until such time as that documentation is provided.  SECTION1108  ADMINISTRATION  Designation of the Floodplain Administrator  Thel Director of Planning & Zoning is hereby appointed to administer and enforce this Article and is referred tol herein as the Floodplain. Administrator. The Floodplain Administrator may: (A)Fulfill the duties and responsibilities set forth in these regulations, (B)J Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees, or (C) Enteri into a written agreement or written contract with another agency or private sector entity to administer specific provisions of these regulations. Administration of any part oft these regulations by another entity shall not relieve the community ofi its responsibilities pursuant to the participation requirements oft the National Flood Insurance Program as set forth int the Code of] Federal Regulations at 44 C.F.R. Section 59.22. In the absence ofa a designated Floodplain Administrator, the Floodplain Administrator duties are  tol be fulfilled by thel Building Inspector.  SECTION1109 ofWilkes-Barre City. SECTION1110  PERMITS. REQUIRED  A Permit shall be required before any construction or development is undertaken within any area  DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN  ADMINISTRATOR  A. The Floodplain Administrator shall issue a Permit only after it has been determined that the proposed work to be undertaken will bei in conformance with the requirements of this B. Prior to the issuance of any permit, the Floodplain Administrator shall review the. application for the permit to determine ifa all other necessary government permits required by state and federal laws have been obtained, such as those required by the Pennsylvania Sewage Facilities Act (Act 1966-537, as amended); the Pennsylvania Dam Safety and Encroachments Act (Act 1978-325, as amended); thel Pennsylvania Clean Streams Act( (Act 1937-394, as amended); and the U.S. Clean Water Act, Section 404,33,U.S.C. 1344. No C. In the case of existing structures, prior to the issuance of any Development/Permit, the Floodplain Administrator shall review the proposed cost of improvements or repairs and the pre-improvement market value of the structure, so that a substantial improyementsubstantial damage determination can bei made, in accordance with FEMA's  and all other applicable codes and ordinances.  permit shall bei issued until this determination has been made.  Substantial Improvemcent/Substantial Damage Desk Reference.  7    D. In the case of existing structures, prior to the issuance of any Development/Permit, the Floodplain Administrator shall review the history of repairs tot the subject building, sO that any repetitively damaged concerns can be addressed before the permit is issued. E. Notify the applicant ifit is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant design and F. During the construction period, the Floodplain Administrator or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on thej permit application and with all applicable municipal laws and ordinances. He/she shall make as many inspections during and upon completion of the G.Int the discharge ofhis/her duties, the Floodplain Administrator shall have the authority to enter any building, structure, premises, or development in the identified floodplain area, upon presentation of proper credentials, at any reasonable hour to enforce the provisions H. In the event the Floodplain Administrator discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been ai false statement or misrepresentation by any applicant, the Floodplain Administrator shall revoke the Permit and report such fact to the Council for whatever action it considers necessary. I. The Floodplain Administrator shall maintain in perpetuity, or for the lifetime of the structure, all records associated with the requirements of this Article including, but not limited to, finished construction elevation data, permitting, inspection and enforcement. J. The Floodplain Administrator is the official responsible for submitting a biennial report to FEMA concerning community participation in the National Flood Insurance Program as K. The responsibility, authority and means to implement the commitments oft the Floodplain Administrator can be delegated from the person identified. However, the ultimate responsibility lies with the person identified in the floodplain ordinance as the floodplain L. FEMA technical bulletins and subsequent guidance publications are incorporated by reference and shall be the basis for interpretation of the applicable provisions of the M. The Floodplain Administrator shall consider the requirements oft the 34 PA Code and the 2018IBCand the 2018IRC, orthe] latest revision thereofasa adopted byt the Commonwealth  construction requirements ofthis Article is required.  work as arei necessary.  oft this Article.  requested.  administratormanager.  Uniform Construction Code and oft this Article.  ofP Pennsylvania. SECTIONI 1111  APPLICATION PROCEDURES AND! REQUIREMENTS  A. Application for such a Permit shall be made, in writing, to the Floodplain Administrator  8    on forms supplied by Wilkes-Barre City. Such application shall contain the following:  1. Name and address of applicant.  2. Name and address of owner ofl land on which proposed construction is to occur.  3. Name and address of contractor. 4. Site location including address. 5. Listing of other permits required.  6. Brief description of proposed work and estimated cost, including a breakout of flood-related cost and the market value of the building before the flood damage 7. Aj plan oft the site showing the exact size and location oft the proposed construction B. If any proposed construction or development is located entirely or partially within any identifiedi floodplain area, applicants for Permits shall provide all thei necessary information ins sufficient detail and clarity to enable thel Floodplain Administrator to determine that: 1. all such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and 2. all utilities and facilities, such as sewer, gas, electrical and water systems are located and constructed to: minimize or eliminate flood damage; 3. adequate drainage is provided to reduce exposure toi flood hazards; 4. structures will be anchored toj prevent floatation, collapse, or lateral movement; 6. appropriate practices that minimize flood damage have been used; and 7. electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities have been designed and located to prevent water entry or  occurred where appropriate.  as well as any existing buildings or structures.  ordinances;  5. building materials are: flood-resistant;,  accumulation.  C. Applicants shall file the following minimum information plus any other pertinent information as may be required by the Floodplain Administrator to make the above  determination:  1. Ac completed Permit Application Form.  2. A plan oft the entire site, clearly and legibly drawn at a scale of one (1) inch being  9    equal to one. hundred (100) feet orl less, showing the following:  a. north arrow, scale, and date; b. topographic contour lines, ifavailable;  C. the location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed d. the location of all existing streets, driveways, and other access ways; and e. the location of any existing bodies of water or watercourses, identified floodplain areas, and, ifavailable, information pertaining to the floodway, and the flow of water including direction and velocities.  subdivision and development;  3. Plans of all proposed buildings, structures and other improvements, drawn at  suitable scale showing the following:  a. the proposed lowest floor elevation of any proposed building based upon  North American Vertical Datum of1988; b. the elevation oft the base flood;  C. supplemental information as may be necessary under 34 PA Code, the 20181 IBC or the 2018 IRC, or the latest revision thereof as adopted by the  Commonwealth ofPennsylvania  4. The following data and documentation:  a. detailed information concerning any proposed floodproofing measures and b.if available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with al base flood. c.d documentation, certified by ai registered professional engineer or architect, to show that the effect of any proposed development within a Floodway Area (See section 1120. A) will not increase the base flood elevation at any d.documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of any proposed development within an AE. Area/District without floodway (See Section 1120 B) when combined with all other existing and anticipated development, will not increase the base flood elevation more than one (1) foot at any point within the  corresponding elevations.  point.  community.  10    e. a document, certified by a registered professional engineer or architect, which states that the proposed construction or development has been adequately designed to withstand the pressures, velocities, impact, and Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the f. detailed information needed to determine compliance with Section 1126 F.,Storage, and Section 1127,Development Which May Endanger Human  uplift forces associated with the base flood.  structure and/or the development.  Life, including:  the amount, location and purpose of any materials or substances referred toi in Sections 11261 F. and 1127 which are intended to be used, produced, stored, or otherwise maintained on site. ii. ad description of the safeguards incorporated intoi the design oft the proposed structure to prevent leaks or spills of the dangerous materials or substances listedi in Section 1127 duringa al base flood.  g.ti the appropriate component of the Department of Environmental Protection's "Planning Module for) Land Development." h. where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.  D.Thel Floodplain Administrator, or designee, shall noti issue any permit for a structure denied flood insurance coverage by FEMA, pursuant to Section 1316 of the National Flood Insurance Act of 1968, unless the permit is for activities to bring the 1316 structure into compliance with this Code, and the 34PA Code and the 2018 IBC and the 2018 IRC, or the latest revision thereof as adopted by the Commonwealth of] Pennsylvania E.A Applications for Permits shall be accompanied by a fee, payable to the municipality based upon. the estimated cost of the proposed construction as determined by the Floodplain  Administrator. SECTION1112  REVIEW BY COUNTY CONSERVATIONI DISTRICT  A copy ofall applications and plans for any proposed construction or development in anyi identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator tot the County Conservation District for review and comment prior to thei issuance ofal Permit. The recommendations ofthe Conservation District may be considered by thel Floodplain. Administrator  for possible incorporation into the proposed plan.  11    SECTION1113  REVIEW OF APPLICATONBYOTHERS  A copy ofall plans and applications for any proposed construction or development in any identified floodplain area to be considered for approval may be submitted by the Floodplain Administrator to any other appropriate agencies and/or individuals (e.g., planning commission, municipal  engineer, etc.) for review and comment.  SECTION1114  CHANGES  After the issuance ofa a Permit by the Floodplain Administrator, no changes of any kind shall be made to the application, permit or any oft the plans, specifications or other documents submitted with the application without the written consent or approval of the Floodplain Administrator. Requests for any such change shall be in writing and shall be submitted by the applicant to  Floodplain Administrator for consideration.  SECTION1115  PLACARDS  In addition to thel Permit, the Floodplain Administrator shall issue a placard, or similar document, which shall be displayed on the premises during the time construction isi inj progress. This placard shall show the number of the Permit, the date of its issuance, and be signed by the Floodplain  Administrator. SECTION1116  START OF CONSTRUCTION  Work on the proposed construction or development shall begin within 180 days after the date of issuance oft the development permit. Work shall also be completed within twelve (12) months after the date ofi issuance oft the permit or the permit shall expire unless a time extension is granted, in writing, by the Floodplain Administrator. The issuance ofa development permit does not refer to The actual start of construction means either the first placement of permanent construction of a structure on a site, such as the pouring ofs slab orf footings, the installation ofpiles, the construction ofcolumns, or any work beyond the stage ofexcavation; or thej placement ofai manufactured. home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does iti include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part ofa building, whether or not that alteration affects the external dimensions Time extensions shall be granted only if a written request is submitted by the applicant, who sets forth sufficient and reasonable cause for the Floodplain Administrator to approve such a request and the original permit is compliant with the ordinance & FIRM/FIS in effect at the time the  the zoning approval.  oft the building.  extension is granted. SECTION1117 A. Notices  ENFORCEMENT  12    Whenever the Floodplain Administrator or other authorized municipal representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Article, or of any regulations adopted pursuant thereto, the Floodplain Administrator shall give notice of such alleged violation as hereinafter  provided. Such notice shall: 1. be in writing;  2. include a statement oft the reasons for its issuance;  3. allow a reasonable time not to exceed a period of thirty (30) days for the 4. be served upon the property owner or his agent as the case may require; provided, however, that such notice or order shall be deemed to have been, properly served upon such owner or agent when a copy thereofhas been served with such notice by any other method authorized or required by the! laws ofthis 5. contain an outline of remedial actions which, if taken, will affect compliance  performance of any act it requires;  State;  with the provisions ofthis Article.  B. Penalties  Any person who fails to comply with any or all ofthe requirements or provisions of this Article or who fails or refuses to comply with any notice, order of direction of the Floodplain Administrator or any other authorized employee of the municipality shall be guilty of aj misdemeanor and upon conviction shall pay ai fine to Wilkes-Barre City, ofnot less than Twenty-five Dollars ($25.00): nor more than Six Hundred Dollars ($600.00) plus costs ofp prosecution. In: addition tot the above penalties all other actions arel hereby reserved including an action in equity for the proper enforcement of this. Article. The imposition of ai fine or penalty for ahy violation of, or noncompliance with this Article shall not excuse the violation or noncompliance or permit it to continue. All such persons shall be required to correct or remedy such violations and noncompliance within a reasonable time. Any development initiated or any structure or building constructed, reconstructed, enlarged, altered, or relocated, in noncompliance with this Article may be declared by the Council to  be aj public nuisance and abatable as such.  SECTION1118  APPEALS  A. Any person aggrieved by any action or decision of the Floodplain Administrator concerning the administration of the provisions oft this Article, may appeal to the Zoning Hearing Board. Such appeal must be filed, in writing, within thirty (30) days after the B. Upon receipt of such appeal the Zoning Hearing Board shall consider the appeal in accordance with the Municipalities Planning Code and any other local ordinance.  decision, determination or action of the Floodplain Administrator.  13    C.A Any person aggrieved by any decision of the Zoning Hearing Board may seek relief therefrom by appeal to court, as provided by the laws of this State including the  Pennsylvania Flood) Plain Management Act.  SECTION1 1119  IDENTIFICATION OF FLOODPLAIN AREAS  The identified floodplain area shall be:  A. any areas of Wilkes-Barre City, classified as Special Flood Hazard Areas (SFHAs) in the Flood Insurance Study (FIS) and the accompanying Flood Insurance Rate Maps (FIRMs) dated. June 20, 2024, andi issued by the Federal Emergency Management Agency (FEMA) ort the most recent revision thereof, including all digital data developed as part ofthe  Flood Insurance Study and,  B. any Community Identified Flood Hazard Areas.  The above referenced FIS and FIRMS, and any subsequent revisions and amendments are hereby  adopted by Wilkes-Barre City and declared to be a part oft this Article.  SECTION1120  DESCRIPTIONAND: SPECIALRBOUREMIENTS OF IDENTIFIED  FLOODPLAIN AREAS  The identified floodplain area shall consist oft the following specific areas:  A. The Floodway Area shall be those areas identified in the FIS and the FIRM as floodway and which represent the channel ofa watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation by more than one (1)foot at any point. This term shall also include floodway areas which have been identified in other available studies or sources ofi information for those Special Flood] Hazard Areas where no floodway has been identified ini thel FIS and FIRM. 1. Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the 2. Within any floodway area, no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental  occurrence of the base flood discharge.  Protection Regional Office.  B. The AE Area/District shall be those areas identified as an. AE Zone on the FIRM included in thel FIS prepared by FEMA for which base flood elevations have been provided. 1. The. AE. Area adjacent to the floodway shall be those areas identified as an AE Zone on the FIRM: included in the FIS prepared by FEMA for which base flood  14    elevations have been provided and a floodway has been delineated.  2. AE Area without floodway shall be those areas identified as an AE: zone on the FIRM included in thel FIS prepared by FEMA for which base flood elevations i. No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in an AE Zone without floodway, unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that thej proposed development together with all other existing and anticipated development, would not result in an increase in flood levels of more than one foot within the entire community during the occurrence of ii. No new construction or development shall be located within the area measured fifty (50): feet landward from the top-of-bank ofany watercourse.  have been provided but no floodway has been determined.  thel base flood discharge.  C. The A. Area/District shall be those areas identified as an. A Zone on the FIRM: included in the FIS prepared by FEMA and for which no base flood elevations have been provided. For these areas, elevation, and floodway information from other Federal, State, or other acceptable sources shall be used when available. Where other acceptable information is not available, thel base flood elevation shall be determined by using the elevation ofa point on the boundary of the identified floodplain area which is nearest the construction site. In lieu oft the above, the municipality may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the municipality. In the absence of any of the above data or documentation, the community may require elevation of the  lowest floor to be at least three feet above thel highest adjacent grade.  D. The. AO and AH Area/ District shall be those areas identified as Zones AO and. AH on the FIRM and in the FIS. These areas are subject to inundation by -percem-ammual-chance shallow flooding where average depths are between one and three feet. In Zones AO and AH, drainage paths shall be established to guide floodwaters around and away from E. Community Identified Flood Hazard Areas shall be those areas where Wilkes-Barre City has identified local flood hazard or ponding areas, as delineated and adopted on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, soils or approximate study  structures on slopes.  methodologies.  15    SECTION1121  CHANGES IN IDENTIFICATION OF AREA  The Identified Floodplain Area may be revised or modified by the Council where studies or information provided by a qualified agency or person documents the need for such revision. However, prior to any such change to the Special Flood Hazard Area, approval must be obtained from FEMA. Additionally, as soon as practicable, but not later than six (6) months after the date suchi information becomes available, a community shall notify FEMA ofthe changes to the Special Flood Hazard Area by submitting technical or scientific data. See 1124 (B) for situations where  FEMA notification isi required. SECTION1 1122  BOUNDARYDISPUTES  Shouldac dispute concerning any identified floodplain boundary arise, an initial determination shall be made by Wilkes-Barre City and any party aggrieved by this decision or determination may  appeal to the Council. The burden of proof shall be on the appellant.  SECTION1123  JURISDICTIONAL BOUNDARY CHANGES  Priorto development occurring in areas where annexation or other corporate boundary changes are proposed or have occurred, the community shall review flood hazard data affecting the lands subject to boundary changes. The community shall adopt and enforce floodplain regulations in areas subject to annexation or corporate boundary changes which meet or exceed those in CFR  44 60.3. SECTION1124 General  TECHNICAL: PROVISIONS  A. Alteration or Relocation of Watercourse  1.1 No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the municipality, and until all required permits or approvals have first been obtained from the Department of Environmental Protection 2. No encroachment, alteration, or improvement of any kind shall be made to any watercourse unless it can be shown that the activity will: not reduce or impede the flood carrying capacity of the watercourse in any way. 3. Ina addition, FEMA and thel Pennsylvania Emergency Management. Agency shall be notified prior to any alteration or relocation of any watercourse.  Regional Office.  B. When Wilkes-Barre City proposes to permit the following encroachments:  any development that causes aj rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause ai rise of more than one: foot in thel base flood elevation; or  16    alteration or relocation of a stream (including but not limited to installing culverts and  bridges)  the applicant shall (as per 44 CFR Part 65.12):  1. apply to FEMA for conditional approval of such action prior toj permitting the 2. Upon receipt oft the FEMA. Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA oft the adoption of floodplain management ordinances incorporating the increased base: flood elevations and /or revised floodway 3. Upon completion oft the proposed encroachments, the applicant shall provide as- built certifications. FEMA will initiate ai final map revision upon receipt of such  encroachments to occur.  reflecting the post-project condition.  certifications in accordance with 44 CFR Part 67.  C.A Any new construction, development, uses or activities allowed within any identified floodplain. area shall be undertaken in strict compliance with the provisions contained in this Article and any other applicable codes, ordinances and regulations. D. Within any Identified Floodplain. Area, no new privately owned structures shall be located within the areai measured fifty (50) feet landward from the top-of-bank ofany watercourse.  SECTION1125  HIEVATONANDIICODIROCPACGENGRECUREMENITS  A. Residential Structures  1. In AE, A1-30, and AH Zones, any new construction or substantial improvement shall have the lowest floor (including basement) elevated up to, or above, the 2. In A Zones, where there are no Base Flood Elevations specified on thel FIRM, any new construction or substantial improvement shall have thel lowest floor (including basement) elevated up to, or above, thel Regulatory Flood Elevation determined in 3. In AO Zones, any new construction or substantial improvement shall have the lowest floor (including basement) at or above thel highest adjacent grade at least as 4. The design and construction standards and specifications contained in the 2018 International Building Code (IBC) and in the 2018 International Residential Code (IRC) or the latest edition thereof adopted by the Commonwealth of Pennsylvania, and. ASCE 24 and 34 PA Code (Chapters 401-405 as amended) shalll be utilized,  Regulatory Floodi Elevation.  accordance with Section 1120.C oft this Article.  high as the depth number specified on the FIRM.  where they are more restrictive.  17    B. Non-residential Structures  1.InAE, A1-30 and AH Zones, any new construction or substantial improvement of anon-residential structure shalll have thel lowest floor (including basement) elevated upt to, or above, the Regulatory Flood) Elevâtion, or be designed and constructed sO a. is floodproofed so that the structure is watertight with walls substantially b. has structural components with the capability of resisting hydrostatic and  that the space enclosed below the Regulatory Flood Elevation:  impermeable tot the passage ofwater and, hydrodynamic loads and effects ofb buoyancy:  2. In A Zones, where no Base Flood Elevations are specified on the FIRM, any new construction or substantial improvement shall have the lowest floor (including basement) elevated or completely floodproofed up to, or above, the Regulatory Flood Elevation determined in accordance with Section 1120.Cofthis. Article. 3. In AO Zones, any new construction or substantial improvement shall have their lowest floor elevated or completely floodproofed above thel highest adjacent grade 4. Any non-residential structure, or part thereof, made watertight below the Regulatory Flood Elevation shall be floodproofed in accordance with the W1 or W2 space classification standards contained in the publication entitled "Flood- Proofing Regulations" published by thel U.S. Army Corps ofE Engineers (June 1972, as amended in EP 1165-2-314, December 1995) or the flood load, and flood- resistant construction requirements of ASCE 24.All plans and specifications for such floodproofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards. There should be a statement submitted with thej permit application and a statement submitted with the as-built Floodproofing Certificate prior to the issuance of the 5. Any non-residential structure that will be floodproofed must submit the following to the Floodplain Administrator along with the non-residential Floodproofing Certificate and prior tot the issuance oft the Certificate of Occupancy: a.An Inspection and Maintenance Plan detailing the annual maintenance of floodproofed components ensuring that all components will operate properly under flood conditions. Components that must be inspected 1. Mechanical equipment such as sump pumps and generators,  to at least as high as the depth number specified on the FIRM.  Certificate of Occupancy.  include at a minimum:  2. Flood shields and closures,  18    3. Walls and wallj penetrations, and 4. Levees and berms (as applicable)  b.Flood Emergency Operation Plan detailing the procedures to be followed during a flooding event and must include information pertaining to how all components will operate properly under all conditions, including power failures. The design professional must produce the plan. An adequate plan 1. Anestablished chain ofc command: and responsibility with leadership responsibilities clearly defined for all aspects oft the plan. 2. A procedure for notification of necessary parties when flooding threatens, and flood warnings are issued. Personnel required to be at the building should have a planned and safe means ofingress and should have no other emergency response duties during a flood 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 are addressed expeditiously. The locations of materials necessary top properly install all floodproofing gcomponents must bei includedi in 4. An evacuation plan for all personnel or occupants; those without duties for the flood emergency as well as those with duties for implementing the plan. All possible ingress and egress routes must 5. A periodic training and exercise program to keep personnel and occupants aware oft their duties and responsibilities. Training drills should be held at least once a year and should be coordinated with  must include the following:  plan.  the list.  bei identified.  community officials.  6. The design and construction standards and specifications contained in the 2018 International Building Code (IBC) and in the 2018 International Residential Code (IRC) or the latest revision thereof as adopted by the Commonwealth of Pennsylvania, and. ASCE24 and 34PA Code (Chapters 401-405 as amended) shall  be utilized, where they are more: restrictive.  C. Space below thel lowest floor  1. Fully enclosed space below the lowest floor (excluding basements) which will be used solely for the parking ofa vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic  19    forces on exterior walls. The term "fully enclosed space" also includes crawl 2. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum a. aminimum oftwo openings having ai net total area ofnot less than one (1) square inch for every square foot of enclosed space installed on two (2) b. thel bottom of all openings shall be no higher than one (1)foot above grade. c. openings may be equipped with screens, louvers, or other coverings or devices ift they permit the automatic entry and exit off floodwaters.  spaces. criteria:  separate walls.  D. Historic Structures  Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined in this Article, must comply with all ordinance requirements that dor not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal ofthe structure from the National Register ofHistoric Places, ort the State Inventory ofHistoric places must be obtained from the Secretary ofthel Interior ort the State Historic. Preservation Officer.. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character  and design oft the structure. E.A Accessory structures  Structures accessory to a principal building need not be elevated or floodproofed to remain dry,  but shall comply, at a minimum, with the following requirements:  1. the structure shall not be designed or used forl human habitation, but shalll bel limited tot the parking ofvehicles, or toi the storage oftools, material, and equipment related  to thej principal use or activity. 2. floor area shall: not exceed 600 square feet. 3. The structure will have al low damage potential.  4. the structure will be located on the site sO as to cause the least obstruction to, the 5. power lines, wiring, and outlets will be elevated to the Regulatory Flood Elevation. 6. permanently affixed utility equipment and appliances such as furnaces, heaters,  flow of flood waters.  washers, dryers, etc. are prohibited.  20    7. sanitary facilities are prohibited.  8. the structure shall be adequately anchored to prevent flotation, collapse, and lateral movement and shall be designed to automatically provide for the entry and exit of floodwater for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria: a. aminimum oft two openings having ai net total area ofnot less than one (1) b. thel bottom ofa all openings shall be no higher than one (1) foot above grade. C. openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of flood  square inch for every square foot of enclosed space.  waters.  9. For accessory structures that are 200 square feet or larger in area (footprint) and that are below the base flood elevation, a signed Declaration ofI Land Restriction (Nonconversion Agreement) shall be recorded on the property deed prior to 10.F Prohibit the storage of Hazardous Materials (except for gasoline up to 5 gallons) in  issuance oft the Certificate of Occupancy.  accessory structures located in any identified floodplain area. DESIGN AND COASTRUCTOASTANDARIS  SECTION1126  The following minimum standards shall apply for all construction and development proposed  within any identified floodplain area:  A. Fill  1.Iffilli is used, it shall:  a. extend laterally at least fifteen (15)feet! beyond the building line from all points; b. consist of soil or small rock materials only - Sanitary Landfills shall not be bec compacted to provide the necessary permeability and resistance to erosion, d. ber no steeper than one (I) vertical to two (2)! horizontal feet unless substantiated data justifying steeper slopes are submitted to, and approved by the Floodplain e. be used to the extent to which it does not adversely affect adjacent properties.  permitted;  scouring, or settling; Administrator; and  21    B. Drainage Facilities  Storm drainage facilities shall be designed to convey the flow of storm water runoffi in a safe and efficient manner. The system shall ensure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to  prevent the discharge of excess runoff onto adjacent properties. .Water and Sanitary Sewer Facilities and Systems  1. All new or replacement water supply and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damage and 2. Sanitary sewer: facilities and systems shall be designed to prevent the discharge of 3. Noj part of any on-site waste disposal system shall be located within any identified floodplain area except in strict compliance with all State and local regulations for such systems. If any such system is permitted, it shall be located to avoid 4. The design and construction provisions of the UCC and FEMA #348, "Protecting Building Utilities from Flood Damages" and "The International Private Sewage  the infiltration of flood waters. untreated sewage into flood waters.  impairment to it, or contamination from it, during a flood.  Disposal Code" shall be utilized.  D. Other Utilities  All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance ofi impairment during a  flood. E. Streets  The finished elevation of all new streets shall be no more than one (1) foot below the  Regulatory Flood Elevation.  F. Storage  All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal, or plant life, and not listed in Section 1127, Development Which May Endanger Human Life, shall be stored at or above the Regulatory Flood  Elevation or floodproofed to the maximum extent possible.  G. Placement of] Buildings and Structures  All buildings and structures shall be designed, located, and constructed SO as to offer the minimum obstruction to thei flow ofwater and shall be designed tol have ai minimum effect  upon the flow and height of flood water.  22    H. Anchoring  1. All buildings and structures shall be firmly anchored in accordance with accepted engineering practices toj prevent flotation, collapse, or lateral movement. 2. All air ducts, large pipes, storage tanks, and other similar objects or components located below thel Regulatory Flood] Elevation shalll be securely anchored or affixed  top prevent flotation.  I. Floors, Walls, and Ceilings  1. Wood flooring used at or below the Regulatory Flood Elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring 2. Plywood used at or below thel Regulatory Flood Elevation shall be ofa' "marine"or 3. Walls and ceilings at or below the Regulatory Flood Elevation shall be designed and constructed of materials that are "water-resistant" and will withstand 4. Windows, doors, and other components at or below the Regulatory Flood Elevation  grain without causing structural damage to the building.  water-resistant" variety.  inundation.  shall be made ofn metal or other 'water-resistant" material.  J. Paints and Adhesives  1. Paints and other finishes used at or below the Regulatory Flood Elevation shall be 2. Adhesives used at or below the Regulatory Flood Elevation shall be ofa' "marine" 3. All wooden components (doors, trim, cabinets, etc.) used at or below the Regulatory Flood Elevation shall be finished with a marine" or water-resistant"  of"marine" or water-resistant" quality. or water-resistant" variety.  paint or other finishing material.  K. Electrical Components  1. Electrical distribution panels shall be at least three (3) feet above the base flood 2. Separate electrical circuits shall serve lower levels and shall be dropped from  elevation. above.  L. Equipment  1. Water heaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the  23    Regulatory Flood Elevation and shall be anchored to resist floatation, collapse, and 2. Ductwork shall be elevated to or above the Regulatory Flood Elevation or  lateral movement.  floodproofed to remain water resistant.  M. Fuel Supply Systems  All gas and oil supply systems shall be designed to prevent the infiltration of flood water into the system and discharges from the system into flood waters. Additional provisions shall be made for the drainage oft these systems iff flood water infiltration occurs.  N. Tanks  1. Underground tanks. Underground tanks in flood hazard areas shall be anchored top prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions oft the design flood, including the effects 2. Above-ground tanks not elevated. Above-ground tanks that do not meet the elevation requirements of (Community Ordinance No.) shall:  ofb buoyancy assuming the tank is empty.  a. Bej permitted in flood hazard areas (Zone A) other than coastal high hazard areas and Coastal A Zones, provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions oft the design flood, including the effects ofbuoyancy assuming the tank is empty and the effects off flood-borne debris. b. Not be permitted in coastal high hazard areas (Zone V) and Coastal A 3. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas shall be elevated to or above the regulatory flood elevation and attached to a supporting structure that is designed toj prevent flotation, collapse, or lateral movement during conditions oft the design flood. Tank-supporting structures shall meet the foundation requirements oft the applicable flood hazard area. 4. Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: a. At or above the regulatory flood elevation or fitted with covers designed toj prevent the inflow ofi floodwater or outflow oft the contents ofthe tanks b. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects ofb buoyancy, during conditions of  Zones.  during conditions oft the design flood; and  the design flood.  24    O. Fences in regulated floodways that have the potential tol block the passage ofi floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section  1120.A.  P. Pools reference ASCE 24 and FEMA guidance document. Uniform Construction Code Coordination  The Standards and Specifications contained in 34 PA Code (Chapters 401-405), as amended, and not limited to the following provisions shall apply to the above and other sections and sub-sections of this Article, to the extent that they are more restrictive and International Building Code (IBC) 2018 or the latest revision thereof as adopted by the  supplement the requirements oft this Article. Commonwealth of] Pennsylvania:  Secs. 801, 1202,1403,1609,1605, 1612, 3402, and. Appendix G.  International Residential Building Code (IRC) 2018 or the latest revision thereof as  adopted by the Commonwealth of Pennsylvania: Secs.) R104, R105, R109, R322, Appendix E, and Appendix J.  SECTION1127  DEVELOPMENT1 THATMAYI ENDANGER HUMANLIFE  A. In accordance with the Pennsylvania Flood Plain Management Act as amended, and the regulations originally adopted by the Department of Community and Economic Development, to be further adopted or amended by the Pennsylvania Emergency Management Agency in consultation with the Department of] Environmental Protection as required by the Act, any new or substantially improved structure which: 1. will be used for the production or storage of any of the following dangerous 2. will be used for any activity requiring the maintenance of a supply of more than 550 gallons, or other comparable volume, of any of the following dangerous 3. will involve the production, storage, or use of any amount of radioactive shall be subject to the provisions of this section, in addition to all other applicable provisions. The following list of materials and substances are considered dangerous to  materials or substances; or,  materials or substances on the premises; or,  substances;  human life:  Acetone Ammonia Benzene Calcium carbide Carbon disulfide  25    Celluloid Chlorine Hydrochloric acid Hydrocyanic acid Magnesium Phosphorus Potassium Sodium  Nitric acid and oxides of nitrogen Petroleum products (gasoline, fuel oil, etc.)  Sulphur and Sulphur products  Pesticides (including insecticides, fungicides, and rodenticides) Radioactive substances, insofar as such substances are not otherwise regulated. B. Within any Identified Floodplain Area, any new or substantially improved structure oft the kind described in Subsection A., above, shall be prohibited within the area measured fifty C. Within any Floodway Area, any structure of the kind described in Subsection A., above, shall be prohibited. Where permitted within any Identified Floodplain Area, any new or substantially improved residential structure of the kind described in Section 1127 (A), above, shall be elevated to remain completely dry up to at least one and one half(1 %) feet above base flood elevation and built in accordance with Sections 1124, 1125 and 1126. D. Where permitted within any Identified! Floodplain Area, any new or substantially improved non-residential structure oft the kind described in Section 1127 (A) above, shall be built in 1. elevated, or designed and constructed to remain completely dry up to at least one 2. designed to prevent pollution from the structure or activity during al base flood. Any such structure, or part thereof, that will be built below the Regulatory Flood Elevation shall be designed and constructed in accordance with the standards for completely dry floodproofing contained in the publication Flood-Proofing Regulations (U.S.. Army Corps of] Engineers, June 1972 as amended March 1992),  (50): feet landward from the top-of-bank of any watercourse.  accordance with Sections 1124, 1125 and 1126 including:  and one half (1 V2) feet above base flood elevation, and  or with some other equivalent watertight standard.  SECTION1128  SPECIAL REQUIREMENTS FOR SUBDIVISIONS, AND  DEVELOPMENTS  All subdivision proposals and development proposals containing at least 501 lots or at least 5 acres, whichever is thel lesser, inl Identified Floodplain Areas where base flood elevation data are not available, shall be supported by hydrologic and] hydraulic engineering analyses that determine base flood elevations and floodway information. The analyses shall bej prepared by a  26    licensed professional engineer in a format required by FEMA for a Conditional Letter ofl Map Revision (CLOMR) and Letter ofMap Revision (LOMR). Submittal requirements and  processing fees shall be the responsibility oft the applicant.  SECTION1129  SPECIAL) REQUREMENTS FORI MANUFACTURED) HOMES  A. Within any Floodway Area/District, manufactured homes shall bej prohibited. B. Within any Identified Floodplain Area manufactured homes shall be prohibited within the area measured fifty (50) feet landward from the top-of-bank of any watercourse. C. Where permitted within any Identified Floodplain Area, all manufactured homes, and any  improvements thereto, shall be: 1. placed on aj permanent foundation;  2. elevated sO that the lowest floor oft the manufactured home is at least one and one  half(1 Y) feet above base flood elevation;  3. and anchored to resist flotation, collapse, or lateral movement.  D. Equipment requirement:  1. Waterheaters, furnaces, air conditioning and ventilating units, and other electrical, mechanical or utility equipment or apparatus shall not be located below the Regulatory Flood Elevation and shall be anchored to resist floatation, collapse, and 2. Ductwork shall be elevated to or above the Regulatory Flood Elevation or E. Installation of manufactured homes shall be done in accordance with the manufacturers' installation instructions as provided by the manufacturer. Where the applicant cannot provide the above information, the requirements ofAppendix E ofthe 2018 International Residentiall Building Code" or the "U.S. Department ofHousing and Urban Development's Permanent Foundations for Manufactured Housing," 19841 Edition, draft or latest revision F. Consideration shalll be given to thei installation requirements ofthe 2018 IBC, and the 2018 IRC or the latest revision thereto as adopted by the Commonwealth ofl Pennsylvania, and 34 PA Code, as amended where appropriate and/or applicable to units where the manufacturers' standards for anchoring cannot bej provided or were not established for the  lateral movement.  floodproofed to remain water resistant.  thereto and 341 PA Code Chapter 401-405 shall apply.  proposed unit(s) installation.  SECTION1130  SPECIAL REQUIREMENTS FORI RECREATIONAL VEHICLES  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  2. be fully licensed and ready for highway use which means the recreational vehicle or park model is on wheels orj jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanent attachments 3. not be occupied for more than 7 consecutive days or 30 days in a calendar year, and 4. ber removed from the floodplain when a flood warning is issued.  such as additions, rooms, stairs, decks, and porches, and  SECTION1131  PROHIBITED ACTIVITIES  The development ofa any oft the following activities; or the construction, enlargement, or expansion of any structure used, or intended to be used, for any oft the following activities is prohibited in  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 manufactured home subdivision, or substantial improvement to an existing  manufactured home park or manufactured home subdivision.  SECTION1132 Section 1132.1 General  ACTIVITIES REQUIRING SPECIAL PERMITS  In accordance with the administrative regulations originally adopted by the Department of Community and Economic Development to implement thel Pennsylvania Flood Plain Management Act as amended, to be further adopted or amended by the Pennsylvania Emergency Management Agency in consultation with the Department of Environmental Protection as required by the. Act, thei following activities shall be prohibited within any Identified Floodplain Area unless a Special A. The commencement of any oft the: following activities; or the construction, enlargement, or expansion of any structure used, or intended to bet used, for any oft the following activities:  Permit has been issued by Wilkes-Barre City:  1. Hospitals  Section 1132.2 Application Requirements for Special Permits  Applicants for Special Permits shall provide five copies oft the following items: A. A written request including a completed Permit Application Form.  28    B. A small scale map showing the vicinity in which the proposed sitei is located. C. Aj plan oft the entire site, clearly and legibly drawn at a scale of one (1)i inch being equal to  one hundred (100): feet or less, showing the following: 1. north arrow, scale and date;  2. topography based upon the North American Vertical Datum (NAVD) of 1988, showing existing and proposed contours at intervals oft two (2) feet; 3. allj property and lot lines including dimensions, and the size oft the site expressed in 4. thel location of all existing streets, driveways, other access ways, and parking: areas, with information concerning widths, pavement types and construction, and 5. the location of any existing bodies of water or watercourses, buildings, structures and other public or private facilities, including railroad tracks and facilities, and any other natural and man-made features affecting, or affected by, the proposed 6. the location of the floodplain boundary line, information and spot elevations concerning the base flood elevation, and information concerning the flow of water 7. the location of all proposed buildings, structures, utilities, and any other 8. any other information which the municipality considers necessary for adequate D. Plans of all proposed buildings, structures and other improvements, clearly and legibly  acres or square feet;  elevations;  activity or development,  including direction and velocities; improvements; and review of the application.  drawn ats suitable scale showing the following:  1. sufficiently detailed architectural or engineering drawings, including floor plans, 2. for any proposed building, the elevation of the lowest floor (including basement) 3. complete information concerning flood depths, pressures, velocities, impact and 4. detailed information concerning any proposed floodproofing measures, including the Flood Emergency Operation Plan and the Inspection and Maintenance Plan; 5. cross section drawings for all proposed streets, driveways, other accessways, and  sections, and exterior building elevations, as appropriate; and as required, the elevation of any other floor;  uplift forces, and other factors associated with the base flood;  29    parking areas, showing all rights-of-way and pavement widths;  6. profile drawings for all proposed streets, driveways, and vehicular accessways 7. plans and profiles of all proposed sanitary and storm sewer systems, water supply  including existing and proposed grades; and systems, and any other utilities and facilities.  E. The following data and documentation:  1. certification from the applicant that the site upon which the activity or development isp proposed is an existing separate and single parcel, owned by the applicant or the 2. certification from a registered professional engineer, architect, or landscape architect that the proposed construction has been adequately designed to protect 3. as statement, certified by a registered professional engineer, architect, landscape architect, or other qualified person which contains a complete and accurate description oft the nature and extent ofpollution that might possibly occur from the development during al base flood, including a statement concerning the effects such 4. ast statement certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the effects the proposed development willl have on base flood elevation and flows; 5. as statement, certified by a registered professional engineer, architect, or landscape architect, which contains a complete and accurate description of the kinds and amounts of any loose buoyant materials or debris that may possibly exist or be located ont the sitel below the base flood elevation and the effects such materials and 6. t the appropriate component of the Department of Environmental Protection's 7. where any excavation or grading is proposed, aj plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion 8. any other applicable permits such as, but not limited to, aj permit for any activity regulated by thel Department ofEnvironmental. Protection under Section 302ofAct 9. ane evacuation plan which fully explains the manner in which the site will be safely  client he represents;  against damage from the base flood;  pollution may have on human life;  debris may have on base flood elevation and: flows; "Planning Module for Land Development,"  and sedimentation control;  1978-166; and  evacuated before or during the course ofal base flood.  30    SECTION1132.3 APPLICATIONREVEW, PROCEDURES shall apply in addition to those of Sections 1108-1118:  Upon receipt of an application fora a Special Permit by Wilkes-Barre City the: following procedures A. Within three (3) working days following receipt oft the application, a complete copy oft the application and all accompanying documentation shall be forwarded to the County Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to Wilkes-Barre City Planning Commission and Wilkes-Barre City engineer for review and comment. B. Ifan application ist received thati isi incomplete, Wilkes-Barre City shall notify the applicant in writing, stating in what respect the application is deficient. C.I IfWilkes-Barre City decides to disapprove an application, it shall notify the applicant, in D. IfWilkes-Barre City approves an application, it shall file written notification, together with the application. and all pertinent information, with the Pennsylvania Emergency Management. Agency, by registered or certified: mail, within five (5) working days after the E. Before issuing the Special Permit, Wilkes-Barre City shall allow the Pennsylvania Emergency Management Agency thirty (30) days, after receipt of the notification by the Agency, to review the application and decision made by Wilkes-Barre City. F.If Wilkes-Barre City does not receive any communication from the Pennsylvania Emergency Management Agency during the thirty (30) day review period, it may issue a G.Ift the Pennsylvania Emergency Management Agency should decide to disapprove an application, it shall notify Wilkes-Barre City and the applicant, in writing, oft the reasons for the disapproval, and Wilkes-Barre City shall not issue the Special Permit.  writing, oft the reasons for the disapproval.  date ofapproval.  Special Permit to the applicant.  SECTION1132.4 SPECIAL TECHNICAL REQUIREMENTS  A. In addition to the requirements of Sections 1124-1130 of this Article, the following minimum requirements shall also apply to any proposed development requiring a Special Permit. If there is any conflict between any of the following requirements and those in Sections 1124-1130 oft this. Article or in any other code, ordinance, or regulation, the more B. No application for a Special Permit shall be approved unless it can be determined that the structure or activity will be located, constructed, and maintained: in ai manner which will: 1. Fully protect the health and safety oft the general public and any occupants oft the structure. At a minimum, all new structures shall be designed, located, and  restrictive provision shall apply.  constructed so that:  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 ofits b. the lowest floor (including basement) will be elevated to at least one and C. the occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the base flood. 2. Prevent any significant possibility of pollution, increased flood levels or flows, or  equipment or contents below the BFE. one half(1V) feet above base flood elevation.  debris endangering life and property.  All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc. shall be submitted in sufficient detail to allow a thorough technical review by Wilkes-Barre City and thel Pennsylvania  Emergency Management Agency. SECTION1133 Section 1133.1 Existing Structures  EXISTINGS STRUCTURES IN IDENTIFIED FLOODPLAIN/ AREAS  Thej provisions ofthis Article do not require any changes or improvements tol be made to lawfully existing structures. However, when an improvement is made to any existing structure, the  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 A. No expansion or enlargement ofa 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 Any modification, alteration, reconstruction, or improvement of any kind to an existing 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 34F PA 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  located within any Identified Floodplain Area:  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 ofl Pennsylvania.  32    development shall be allowed, unless the appropriate permit is obtained from the F.Within any AE. Area/District without Floodway (See Section 11201 B), no new construction or development shall be located within the area measured fifty (50) feet landward from the G. Any modification, alteration, reconstruction, or improvement of any kind occurring as a result of being "repetitively damaged," as defined in this Article, shall be undertaken only  Department of] Environmental Protection Regional Office.  top-of-bank of any watercourse.  ini full compliance with the provisions of this Article.  SECTION1 1134 Section 1134.1 General  VARIANCES  Ifc compliance with any oft the requirements oft this. Article would result in an exceptional hardship to aj prospective builder, developer, or landowner, Wilkes-Barre City Zoning Hearing Board may,  upon request, grant relief from the strict application oft the requirements.  Section 1134.2 Variance Procedures and Conditions  Requests 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. No variance shall be granted for any construction, development, use, or activity within any AE Area/District without floodway that would, together with all other existing and anticipated development, increase the BFE more than one (1) foot at any point. C.No variances shall be granted for a proposed accessory structure that exceeds 600 square feet in size. A signed Non-Conversion Agreement is required as a condition ofr receiving 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 specifically to development regulated by Special Permit (Sections 1132)ortoD Development  accordance with the procedures contained in Section 1118 and the following:  Floodway Area/District that would cause any increase in the BFE.  the variance.  Which May Endanger Human Life (Section 1127).  E. No variance shall be granted for Prohibited. Activities (Sections 1131).  F. Ifgranted, a variance shall involve only the least modification necessary to provide relief. G. In granting any variance, Wilkes-Barre City Zoning Hearing Board shall attach whatever reasonable conditions and safeguards it considers necessary to protect the public health,  safety, and welfare, and to achieve the objectives oft 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 tol life and property.  Inr reviewing any request for a variance, Wilkes-Barre City Zoning Hearing Board shall  consider, at ai 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 ofthe variance will  a. neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense, b. nor create nuisances, cause fraud on, or victimize thej 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 in the annual report tot the FEMA. to have the capability ofresisting the one percent (1%) annual chance flood.  34