When West Goshen Township proposes to permit the following encroachments: any development that causes a rise in the base flood elevations within the floodway; or any development occurring in Zones A1-30 and Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; or alteration or relocation of a stream (including, but not limited to, installing culverts and bridges), the applicant shall (as per 44 CFR Part 65.12):

(1) Apply to FEMA for conditional approval of such action prior to permitting the encroachments to occur.
(2) Upon receipt of the FEMA Administrator's conditional approval of map change and prior to approving the proposed encroachments, a community shall provide evidence to FEMA of the adoption of floodplain management ordinances incorporating the increased base flood elevations and/or revised floodway reflecting the post-project condition.
(3) Upon completion of the proposed encroachments, the applicant shall provide as-built certifications. FEMA will initiate a final map revision upon receipt of such certifications in accordance with 44 CFR Part 67.

Existing structures.

The provisions of this article 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 following provisions shall apply to such improvements.
Improvements to existing structures.
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 identified floodplain area that would cause any increase in BFE. In A Area/District(s), BFEs are determined using the methodology set forth in this article.
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 article.
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 as adopted by the Commonwealth of Pennsylvania.
D. 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's regional office.
E. 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's regional office.
F. 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.

General variance provisions.
If compliance with any of the requirements of this article would result in an exceptional hardship to a prospective builder, developer or landowner, the West Goshen Township Zoning Hearing Board may, upon request, grant relief from the strict application of the requirements.
Variance procedures and conditions.

A. Requests for variances shall be considered by the West Goshen Township Zoning Hearing Board in accordance with the applicable sections of this chapter governing the Zoning Hearing Board process and the following:

(1) No variance shall be granted within any identified floodplain area that would cause any increase in BFE. In A Area/Districts, BFEs are determined using the methodology as set forth in this article.
(2) No variance shall be granted for prohibited activities or to development which may endanger human life, as previously described within this article.
(3) If granted, a variance shall involve only the least modification necessary to provide relief.
(4) In granting any variance, the West Goshen Township Zoning Hearing Board 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 article.
(5) Whenever a variance is granted, the West Goshen Township Zoning Hearing Board shall notify the applicant in writing that:

(a) The granting of the variance may result in increased premium rates for flood insurance.
(b) Such variances may increase the risks to life and property.

(6) In reviewing any request for a variance, the West Goshen Township Zoning Hearing Board shall consider, at a minimum, the following:

(a) That there is good and sufficient cause.
(b) That failure to grant the variance would result in exceptional hardship to the applicant.
(c) That the granting of the variance will:

[1] Neither result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, or extraordinary public expense;
[2] Nor create nuisances, cause fraud on, or victimize the public, or conflict with any other applicable state or local ordinances and regulations.

(7) A complete record of all variance requests and related actions shall be maintained by the West Goshen Township Zoning Hearing Board. In addition, a report of all variances granted during the year shall be included in the annual report to FEMA.

B. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the one-percent-annual-chance flood.

See Article XIX: Floodplain Regulations for complete information.