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The provisions of this Part 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 § 4-172 shall apply.
(Ord. 2015-07, 11/23/2015)
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 BFE.
B. 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 Part.
C. 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 adopted by the State of Pennsylvania.
D. 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.
E. 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 Part.
(Ord. 2015-07, 11/23/2015)
G. Variances
1. Requests for variances shall be considered by the Township of Dover in accordance with the procedures contained in Section § 4-121 and the following:
A. No variance shall be granted for any construction, development, use, or activity within any floodway area/district that would cause any increase in the BFE.
B. Except for a possible modification of the regulatory flood elevation requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (Section F) or to Development Which May Endanger Human Life (§ 4-144).
C. If granted, a variance shall involve only the least modification necessary to provide relief.
D. In granting any variance, the Township of Dover shall attach whatever reasonable conditions and safeguards it considers necessary in order to protect the public health, safety, and welfare, and to achieve the objectives of this Part.
E. Whenever a variance is granted, the Township of Dover shall notify the applicant in writing that:
(1) The granting of the variance may result in increased premium rates for flood insurance.
(2) Such variances may increase the risks to life and property.
F. In reviewing any request for a variance, the Township of Dover shall consider, at a minimum, the following:
(1) That there is good and sufficient cause.
(2) That failure to grant the variance would result in exceptional hardship to the applicant.
(3) That the granting of the variance will:
(a) Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense,
(b) Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local Parts and regulations.
G. A complete record of all variance requests and related actions shall be maintained by the Township of Dover. In addition, a report of all variances granted during the year shall be included in the annual report to the FEMA.
2. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 1% annual chance flood.
(Ord. 2015-07, 11/23/2015)
H. Definitions
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