Structures existing in any identified floodplain area prior to the enactment
of this chapter, but which are not in compliance with these provisions, may
continue to remain, provided that any modification, alteration, reconstruction
or improvement of any kind to an existing structure to an extent or amount
of fifty percent (50%) or more of its market value shall be undertaken only
in full compliance with the provisions of this chapter. All improvements to
existing structures within floodplain areas shall require floodplain development
permits for purposes of determining whether such improvements are substantial
in nature. Such determination shall be the sole responsibility of the Borough
Council [although the applicant may be required to submit evidence that the
proposed improvement will not represent fifty percent (50%) or more of the
market value of the existing structure], and if the Council shall determine
that the improvement is not substantial, it may waive other application and
ordinance requirements. This shall not, however, relieve the applicant from
requirements to comply with other borough ordinances or to obtain a building/zoning
permit.