[Ord. 349, 3/20/2017]
The provisions of this chapter do not require any changes or
improvements to be made to lawfully existing structures. However,
when an improvement is made to any existing structure, the provisions
of § 702 shall apply.
[Ord. 349, 3/20/2017]
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
(a) No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District that would cause any increase in
base flood elevation.
(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 development, increase the base
flood elevation more than one foot at any point.
(c) Any modification, alteration, reconstruction, or improvement, of
any kind to an existing structure, to an extent or amount of 50% or
more of its then-present market value (determined at a point immediately
prior to the modification, alteration, reconstruction or improvement),
shall constitute a substantial improvement and shall be undertaken
only in full compliance with the provisions of this chapter.
(d) The above activity shall also comply the applicable requirements
of the 34 Pa. Code, as amended, the 2009 IBC and the 2009 IRC, and
the Township Zoning and Subdivision and Land Development Ordinances.
(e) Any modification, alteration, reconstruction, or improvement of any
kind to an existing structure, to an extent or amount of less than
50% of its market value, shall be elevated and/or floodproofed to
the greatest extent possible. The applicant shall bear the burden
of establishing its then-present market value of the existing structure
pre- and post-modification, alteration, reconstruction or improvement,
demonstrated by an appraisal or a certification from a licensed real
estate agent or other appropriate professional consultant with expertise
as to the value of the same.
(f) Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "cumulative substantial damage"
shall be undertaken only in full compliance with the provisions of
this chapter. The applicant shall bear the burden of establishing
to the Floodplain Administrator the date, nature, costs and market
value associated with establishing cumulative substantial damage.
Moreover, any modification, alteration, reconstruction or improvement
relating to cumulative substantial damage must be commenced and completed
within 12 months after the date of loss.