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 below shall apply to such improvements.
All uses or structures in the identified floodplain area lawfully
existing on the effective date of this chapter that do not conform
with the provisions of this chapter shall be deemed to be nonconforming.
Such nonconforming uses or structures may be continued, maintained,
repaired, and floodproofed, except as otherwise prohibited in this
chapter. Such nonconforming uses or structures may be improved to
comply with current Pennsylvania or Township health, safety or sanitary
code specifications that are solely necessary to assure safe living
conditions, subject to the following conditions:
A. No expansion or enlargement of an existing structure shall be allowed
within any Floodway Area/District that would cause any increase in
BFE.
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 BFE 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 market value, 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 address the requirements of the 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, 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, 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. Abandonment. Notwithstanding provisions in Article
XI, Nonconforming Use Regulations, of Chapter
240, Zoning, to the contrary, no abandoned nonconforming use or structure shall be reestablished, repaired, or reoccupied except in conformance with this chapter. The Township may require the removal of any abandoned nonconforming use or structure, upon a determination that the use or structure constitutes a threat to public safety.
H. 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.