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 § 90-33 shall apply.
The following provisions shall apply whenever any improvement
is made to an existing structure located within any identified floodplain
area:
A.
No improvement or reconstruction of an existing structure shall be
allowed within any FW Area as identified by the Flood Insurance Study
prepared by FEMA or other available studies or sources of information
found acceptable by Lower Saucon Township and approved by FEMA.
B.
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 § 90-20C.
C.
The improvement or reconstruction of existing structures that store
materials that are buoyant, flammable, explosive, or injurious to
property, water quality or human, animal, plant, fish or aquatic life
shall be prohibited in the Flood Hazard District.
D.
Existing structures in the AE Area/Districts and A Area/Districts
are defined and regulated as follows:
(1)
Intact structures. If any improvement to an existing intact structure
is proposed to the extent of 10% or more of its market value, it shall
only be undertaken only in full compliance with the floodproofing
requirements in the Lower Saucon Township Building Code, as amended.
(2)
Partially damaged structures. Any improvement or reconstruction to
an existing partially damaged structure shall be undertaken only in
full compliance with the floodproofing requirements in the Lower Saucon
Township Building Code, as amended.
(3)
Substantially damaged structures. Any improvement or reconstruction
to a substantially damaged structure shall be in full compliance with
the floodproofing requirements in the Lower Saucon Township Building
Code, as amended, and shall have the lowest floor, including basement,
elevated to flood protection elevation.
(4)
Repetitive loss structures.
(a)
An improvement to a repetitive loss structure to an extent 10%
or more of its market value of the intact structure shall be prohibited.
Any permitted improvement to a repetitive loss structure shall be
in full compliance with the floodproofing requirements of the Lower
Saucon Township Building Code, as amended,[1] and shall have the lowest floor, including basement, elevated
to flood protection elevation.
(b)
The reconstruction of a repetitive loss structure shall be in
full compliance with the Lower Saucon Township Building Code, as amended,
and shall have the lowest floor, including basement, elevated to flood
protection elevation.
(5)
Severe repetitive loss structures.
(a)
An improvement to a severe repetitive loss structure to an extent
5% or more of its market value as an intact structure shall be prohibited.
Any permitted improvement to a severe repetitive loss structure shall
be in full compliance with the floodproofing requirements of the Lower
Saucon Township Building Code, as amended,[2] and shall have the lowest floor, including basement, elevated
to flood protection elevation.
(b)
The reconstruction of a severe repetitive loss structure: a)
shall be in full compliance with the Lower Saucon Township Building
Code, as amended; b) shall have the lowest floor, including basement,
elevated to flood protection elevation; and c) the applicant shall
provide documentation from Lower Saucon Township, the Commonwealth
of Pennsylvania and the Federal Emergency Management Agency that states
Lower Saucon Township, the Commonwealth of Pennsylvania or FEMA will
not acquire the property for the purposes of flood mitigation prior
to the reconstruction of the structure.
E.
The cost of improvements or reconstruction commenced since the adoption
of this chapter must be calculated at today's current cost.
F.
It is the responsibility of the applicant to supply the information
necessary (e.g., appraisals, construction costs, estimates, etc.)
to make the determination that the market value is reasonably accurate
and that the cost estimate reasonably reflects the actual costs of
the improvements to the structure.
G.
Acceptable estimates of market value shall be determined from one
of the following methods:
(1)
Independent appraisals by a state licensed real estate appraiser.
(2)
The value of the building taken from NFIP claims data.
(4)
The Zoning Hearing Board shall have the right to waive or modify, as a special exception, any of the requirements of this section for any structure listed on a national, state or local Register of Historic Places; provided, however, that the provisions of Article VIII shall be applied in such a case.
H.
The above activity shall also address the requirements of the 34
Pa. Code, as amended, and the 2009 IBC and the 2009 IRC.
I.
Within any Floodway Area/District (See § 90-20A), no new construction or development shall be allowed, unless the appropriate permit is obtained from the Department of Environmental Protection Regional Office.
J.
Within any AE Area/District without floodway (See § 90-20B), 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.
K.
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.
L.
Any modification, alteration, reconstruction, or improvement of any
kind that meets the definition of "repetitive loss" shall be undertaken
only in full compliance with the provisions of this chapter.
