The Environmental Protection Districts are those areas where there are natural limitations upon development. This Overlay District protects sensitive natural features by limiting, and in some cases prohibiting development in areas with severe limitation to development because of steep slopes, floodplains, wetlands and wet soils. Regulations in these districts have been established to prohibit all but the extremely low-density development. Land with slopes in excess of fifteen (15) percent and areas subject to flooding or high-water table are deemed to have characteristics for which the following regulations are needed.

(Ord. 4-81, 12/28/1981, §910)

902.1 To determine the areas of steep slope the 7.5-minute series (topographic) Quadrangle sheets of the U.S Department of the Interior, Geological Survey latest revision shall be used.

902.2 To determine areas subject to flooding that is the Flood Boundary and Floodway Map for Heidelberg Township, latest revision as issued by the Federal Emergency Management Agency shall be used.

902.3 To determine areas subject to high water table the Lehigh County Soils Survey shall be used.

902.4 More precise information may be presented by the applicant, the accuracy of which is certified by a Registered Professional Engineer of Professional Surveyor, provided by the applicant. Once the Zoning Officer is satisfied that the information submitted is accurate, the Zoning Officer shall use the more precise information to make his determination.

Upon determination that the lot under consideration is partially or wholly an area of steep slope, the following regulations shall apply:

1. Where (1) the lot only partially is a steep slope, (2) there are no earth moving activities or removal of vegetation proposed for the steep slope portion of the lot, and (3) Pennsylvania Department of Environmental Protection’s standards for on-lot sewage disposal will be met on other soils of the lot, only the requirements contained in other Sections of this Chapter for the use proposed and for the district in which the lot lies shall be applied. [Ord. 2010-1]
2. Where (1) the lot is wholly a steep slope, (2) earthmoving activities or removal of vegetation are proposed for any portion of the lot determined to be a steep slope, or (3) any portion of a steep slope is to be used to meet Pennsylvania Department of Environmental Protection’s standards for on-lot sewage disposal, the minimum lot area requirements shall be 10 acres in the Blue Mountain Preservation District and 3 acres in all other districts. [Ord. 2010-1]
3. Where it is determined by the Zoning Officer that there is a slope of 25 percent or greater, no earthmoving activity or removal of vegetation except saleable timber shall be permitted on that portion of the lot.
4. Lot Width, Lot Coverage, and Height Requirements.
   
   

   Use	Minimum Lot Width	Maximum Lot Coverage	Maximum Building Height
   All permitted uses	210 ft.	10%	35 ft.

   [Ord. 5-84]

5. Minimum Yard Requirements.
   
   

   Use	Front Yard	Each Side Yard	Side Yard with Abutting Street	Rear Yard
   All permitted uses	60 ft.	40 ft.	60 ft.	60 ft.

   [Ord. 5-84]

(Ord. 4-81, 12/28/1981, §930; as amended by Ord. 5-84, 10/5/1984, §§9 and 10; by Ord. 2007-1, 3/8/2007, §2; and by Ord. 2010-1, 4/8/2010)

Upon determination that the lot under consideration is partially or wholly within a floodplain, the following regulations shall apply to the portion within the floodplain:

1. Permitted Uses. The following open space uses shall be permitted within the floodplain to the extent that they are not prohibited by other provisions of this Chapter and provided that they do not require structures, fill, or storage of materials or equipment:
   1. Agriculture.
   2. Animal husbandry.
   3. Nurseries, greenhouses, and related horticultural uses.
   4. Outdoor recreation areas such as parks, playgrounds, picnic grounds, golf courses, or tennis courts.
   5. Wildlife sanctuary, nature center, outdoor education laboratory, woodland preserve, or arboretum.
   6. Game farm, fish hatchery, hunting and fishing preserves, or similar uses designed for the protection or propagation of wildlife.
   7. No more than three-quarters of the area necessary to meet the minimum lot area and yard requirements of the underlying district.
   8. Parking areas and roads to serve other permitted uses in the floodplain or where required by the regulations of the underlying district.
   9. Uses related to residential uses such as lawns, gardens, parking areas and play areas.
2. Special Exceptions. The following uses shall be granted or denied as special exceptions by the Zoning Hearing Board, as provided for in §27-1108 of this Chapter, pursuant to the standards for special exceptions in floodplains set forth in §27-1108.E. No use permitted as a special exception shall increase the elevation of the 100-year frequency flood more than 1 foot at any point. The Zoning Hearing Board may attach any reasonable conditions and safeguards in addition to those expressed in this Chapter, as it may deem necessary to implement the purpose of this Chapter, and to protect the public health, safety, morals, and the general welfare.
   1. Accessory uses customarily incidental to any of the foregoing permitted uses.
   2. Circuses, festivals and similar transient amusement enterprises.
   3. Drive-in theaters, including parking areas, roadside stands and signs.
   4. Extraction of sand, gravel, and other materials.
   5. Railroads, roads, bridges, and utility transmission lines.
   6. Sealed water supply wells and water pipelines.
   7. Storm and sanitary sewers, pumping stations and treatment plants.
   8. Storage yards for equipment, machinery, or materials.
   9. Grading or fill provided that the effect is not to alter substantially the cross-sectional profile of the stream basin at the point of the proposed use and that a permit is obtained from the Pennsylvania Department of Environmental Protection. [Ord. 2010-1]
   10. Dams and impoundment basins where approved by the Pennsylvania Department of Environmental Protection. [Ord. 2010-1]
   11. Single-family residences on lots of record where a portion of the property not in the floodplain will not yield a reasonable return of groundwater recharge because of specific circumstances of topography, lot size, or lot shape. [Ord. 2010-1]
3. Submission of Materials for Special Exceptions. Upon receiving an application for a special exception, the Zoning Hearing Board may require the applicant to furnish such of the following material as is deemed necessary by the Board:
   1. Plans drawn to scale showing the nature, location, dimensions and elevation of the lot and existing and proposed uses; photographs showing existing uses and vegetation; soil types and other pertinent information.
   2. A series of cross-sections of suitable intervals along the lot shoreline, showing the stream channel or the lake or pond bottom, and elevation of adjoining land areas, to be occupied by the proposed uses, and high water information.
   3. Profile showing the slope of the bottom of the channel, lake, or pond.
   4. Specifications for building materials and construction, flood proofing, filling, dredging, storage, water supply, and sanitary facilities.
   5. Computation of the increase, if any, in the height stages which would be attributable to any proposed uses.

(Ord. 4-81, 12/28/1981, §940; as amended by Ord. 2010-1, 4/8/2010)

Upon determination that the lot under consideration is partially or wholly within a high water table area, the following regulations shall apply:

1. Where (1) the lot is only partially within a high water table area, (2) there are no structures proposed for the high water table portion of the lot, and (3) Pennsylvania Department of Environmental Protection’s standards for on-lot sewage disposal will be met on other soils of the lot, only the requirements contained in other Sections of this Chapter for the use proposed and for the district in which the lot lies shall be applied. [Ord. 2010-1]
2. Where (1) structures are proposed for the high water table portion of the lot, or (2) any portion of a high water table area is to be used to meet Pennsylvania Department of Environmental Protection’s standards for on-lot sewage disposal, the minimum lot area requirement shall be 5 acres in the Blue Mountain Preservation District and 3 acres in all other districts. [Ord. 2010-1]
3. All public utilities and facilities such as sewer, gas, electrical, and water systems located in a high water table area shall be constructed to minimize or eliminate infiltration of groundwater into the systems.
4. Lot Width, Lot Coverage, and Height Requirements.
   
   

   Use	Minimum Lot Width	Maximum Lot Coverage	Maximum Building Height
   All permitted uses	210 ft.	10%	35 ft.

   [Ord. 5-84]

5. Minimum Yard Requirements.
   
   

   Use	Front Yard	Each Side Yard	Side Yard with Abutting Street	Rear Yard
   All permitted uses	60 ft.	40 ft.	60 ft.	60 ft.

   [Ord. 5-84]

(Ord. 4-81, 12/28/1981, §950; as amended by Ord. 5-84, 10/5/1984, §§11 and12; by Ord. 2007-1, 3/8/2007, §2; and by Ord. 2010-1, 4/8/2010)

1. Appeal of Zoning Officer’s Determination of Environmental Protection District. Where the Zoning Officer’s determination of the extent to which a lot or lots lie within the Environmental Protection District is appealed to the Zoning Hearing Board, as provided in §27-1103 of this Chapter, the appellant shall bear the burden of establishing, through actual field surveys or otherwise, that such conditions do not exist on the land in question.
2. Variances. Where the regulations of the Environmental Protection District cause a hardship to a particular landowner, a variance may be sought pursuant to §27-1109 of this Chapter.

(Ord. 4-81, 12/28/1981, §960)