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 §
89-702 shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A. A nonconforming use or structure may be replaced, repaired, or rebuilt
if it is damaged or destroyed by any means, including floods, to the
extent of less than 50% of its fair market value at the time of its
damage or destruction. In such a case, however, the nonconformity
of the new use or structure with respect to requirements as expressed
in provisions of this article shall not exceed that of the original
use or structure which was damaged or destroyed. Nothing shall be
done which would otherwise violate any of the provisions of this article.
B. A nonconforming use or structure which has been damaged or destroyed
by any means, including floods, to the extent of 50% or more of its
fair market value at the time of its damage or destruction may not
be replaced, restored, repaired, reconstructed, improved, or rebuilt
in any way other than in complete conformity and full compliance with
the provisions of this article, all other articles of this chapter,
and all other ordinances of West Brandywine Township. The Zoning Hearing
Board may waive, as a variance, the requirements of this subsection
where it is shown that such requirements could not be met on land
owned by the appellant or where such requirements would impose undue
hardship to appellant in the efficient operation of the premises.
In such a case, the Zoning Hearing Board shall be authorized to grant
only the minimum relief necessary and the least modification possible
of the provisions of this article, while respecting and maintaining
the purposes and intents of this article.
C. No expansion or enlargement of an existing structure shall be allowed within any identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology in §
89-402C.
D. The above activity shall also address the requirements of 34 Pa.
Code, as amended, and the 2009 IBC and the 2009 IRC or most recent
revision thereof as adopted by the Commonwealth of Pennsylvania.
E. Within any floodway area/district (see §
89-402A), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
F. Within any AE area/district without floodway (see §
89-402B), no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
G. 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.