1. In applying and interpreting the provisions of this Chapter, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, morals, comfort, convenience, and general welfare. The following specific regulations shall apply:
   1. A minimum required lot or yard size for one building or structure shall not be used as any part of a required lot or yard for a second structure.
   2. The required lot or yard for an existing building or structure shall not be diminished below the minimum requirements of this Chapter.
   3. The parking spaces required for one building or structure or use shall not be included in the computation of required parking spaces for a second building or structure or use.
2. Relation of this Chapter to Other Provisions of Law, and to Private Covenants and Agreements.
   1. It is not intended by this Chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. Where this Chapter imposes a greater restriction upon the use of buildings, structures, premises, lots or land, or upon the height of buildings or structures or other open spaces than imposed or required by such other provisions of law, ordinance, or regulations, or by such easements, covenants or agreements, the provisions of this Chapter shall control.
   2. Wherever the provisions of any other law or ordinance or regulations impose a greater restriction than this Chapter, the provisions of such other law or ordinance or regulations shall control.
   3. No provisions contained in this Chapter shall be construed as justifying the encroachment of any building or structure within any street lines not or hereafter laid down on an Official Map of the Township.

(Ord. 4-81, 12/28/1981, §1210)

1. Duties. For the administration of this Chapter, the Zoning Officer, who shall not hold any elective office in the Township, shall be appointed. The Zoning Officer shall meet qualifications established by the Township and shall be able to demonstrate to the satisfaction of the Township a working knowledge of municipal zoning. The Zoning Officer shall administer this Chapter in accordance with its literal terms, and shall not have the power to permit any construction or use or change of use which does not conform to this Chapter. The Zoning Officer is authorized to institute civil proceedings as a means of enforcement when acting within the scope of his duties. [Ord. 2010-1]
2. Inspection of Premises. The Zoning Officer and his deputies and assistants, after notification to owner and occupant and at a time agreeable to all parties involved, shall have the right and authority to enter any building, structure, premises, lot or land, whether already erected or put into use, or in the course of erecting and putting into use, for the purpose of determining whether or not the provisions of this Chapter are being complied with.

(Ord. 4-81, 12/28/1981, §1220; as amended by Ord. 2010-1, 4/8/2010)

No building permit shall be issued for the erection, construction, reconstruction, structural alteration, or moving of any building, structure, or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this Section, unless a special exception and/or variance has been granted, as applicable, by the Zoning Hearing Board.

1. Application for Building Permit. All procedures with respect to applications for and issuance of building permits shall be in conformity with this Chapter. All such applications shall be accompanied by such other information as may be necessary to determine and provide for the enforcement of the ordinance. The Zoning Officer may request such additional information as is reasonably necessary to exercise a proper judgment on the applicability of provisions of this Chapter to the proposal submitted.
2. Construction and Use to Be as Provided in Application and Plans. A building permit issued on the basis of applications and plans submitted to the Zoning Officer shall authorize only the use, arrangement, and construction set forth in the applications and plans. Substantial variations in use, arrangement, and construction from the submitted applications and plans shall be deemed a violation of this Chapter. Where substantial changes are desired once construction has begun and is not yet completed, a new building permit shall be required.
3. Relationship to Zoning Hearing Board Functions. Before issuing a building permit, the Zoning Officer shall obtain a written order from the Zoning Hearing Board that an application for a special exception use has met the standards and criteria for that use, as provided in §27-704 of this Chapter. In all matters where it exercises an appeal function, as provided in this Chapter, the decisions and findings of the Zoning Hearing Board shall direct the actions of the Zoning Officer.
4. Completion of Buildings for Which Permits Have Been Issued. Nothing in this Chapter shall require any change in the plans, construction, or designated use of a building or structure for which a lawful building permit has been issued prior to the effective date of this Chapter affecting such building or structure or the use thereof, provided that:
   1. The construction of such building or structure within 3 months from the date of such permit.
   2. The ground story framework, including the second tier of beams, shall have been completed within 6 months from the date of such permit.
   3. The entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based, within 1 year from the effective date of this Chapter or any such amendment thereto.
5. Expiration of Building Permit. In the event that paragraphs .D(1), .D(2), or .D(3) are not complied with, such building permit shall be revoked by the Zoning Officer. Written notice thereof shall be given to the persons affected, together with notice that further work shall not proceed unless and until a new building permit has been obtained.
6. Requirements for Obtaining a Building Permit.
   1. Statement of Intent. The intent of this Chapter is to:
      1. Promote the general health, welfare, and safety of the community.
      2. Encourage the utilization of appropriate construction practices in order to prevent or minimize flood damage in the future.
      3. Minimize danger to public health by protecting water supply and natural drainage.
      4. Reduce financial burdens imposed on the community, its governmental units, and its residents, by preventing excessive development in areas subject to flooding.
   2. Applicability. It shall be unlawful for any person, partnership, business, or corporation to undertake, or cause to be undertaken, any construction or development anywhere within the Township unless an approved building permit has been obtained from the Zoning Officer.
   3. Building Permits Required. Building permits shall be required before any construction or development is undertaken within any area of the Township. A building permit shall not be required for minor repairs to existing buildings or structures, provided that no structural changes or modifications are involved. Building permits shall also be required for any reconstruction, enlargement, alteration, raising, or relocation of any building or structure.
   4. Issuance of Building Permit.
      1. The Zoning Officer shall issue a building permit only after it has been determined that the proposed work to be undertaken will be in conformance with the requirements of this and all other applicable codes and ordinances.
      2. Prior to the issuance of any building permit the Zoning Officer shall review the application for permit to determine if all of the necessary governmental permits such as those required by State and Federal laws have been obtained, including those required by the Pennsylvania Sewage Facilities Act, 35 P.S. §750.1 et seq.; the Dam Safety and Encroachments Act, 32 P.S. §683.1 et seq., as amended; the U. S. Clean Streams Act, Act 394 of 1937, as amended. No permit shall be issued until this determination has been made. [Ord. 2010-1]
      3. No encroachment, alteration, or improvement of any kind shall be made to any watercourse until all adjacent municipalities which may be affected by such action have been notified by the Township, and until all required permits or approvals have been first obtained from the Department of Environmental Protection, Regional Office, Wilkes Barre. In addition, the Federal Emergency Management Agency (FEMA) and Pennsylvania Department of Community and Economic Development, Bureau of Community Planning, shall be notified by the Township prior to any alteration of relocation of any watercourse.[Ord. 2010-1]
      4. No building permit shall be issued for the erection, construction, reconstruction, structural alteration, or moving of any building, structure, or part thereof, on or in resource protected lands, as such term is used in the Township Subdivision and Land Development Ordinance [Chapter 22].
   5. Application Procedures and Requirements.
      1. Application for a building permit shall be made in writing to the Zoning Officer on forms supplied by the Township. Such application shall contain at least the following:
         1. Name and address of applicant.
         2. Name and address of owner of land on which proposed construction is to occur.
         3. Name and address of contractor.
         4. Site location.
         5. Listing of other permits required.
         6. Brief description of proposed work and estimated cost.
         7. A plan of the site showing the exact size and location of the proposed construction as well as any existing buildings or structures.
      2. If any proposed construction or development is located within, or partially within, any identified floodplain area, applicants for building permits shall provide all the necessary information in sufficient detail and clarity to enable the Zoning Officer to determine that:
         1. All such proposals are consistent with the need to minimize flood damage and conform with the requirements of this and all other applicable codes and ordinances.
         2. All utilities and facilities, such as sewer, gas, electrical and water systems are located and construction to minimize or eliminate flood damage.
         3. Adequate drainage is provided so as to reduce exposure to flood hazards.
      3. Applicants shall file the following minimum information plus any other pertinent information (e.g., any or all of the technical information contained in paragraph .F(5)(d)) as may be required by the Zoning Officer to make the above determination:
         1. A completed building permit application form.
         2. A plan of the entire site, clearly and legibly drawn at a scale of 1 inch being equal to 100 feet or less showing the following:
            1. North arrow, scale, and date.
            2. Topographic contour lines, if available.
            3. All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
            4. The location of all existing and proposed buildings, structures, and other improvements, including the location of any existing or proposed subdivision and land development.
            5. The location of all existing streets, drives and other access ways.
            6. The location of any existing bodies of water or watercourses, identified floodplain areas, and if available, information pertaining to the flood way, and the flow of water including direction and velocities.
         3. Plans of all proposed buildings, structure, and other improvements, drawn at suitable scale showing the following:
            1. The proposed lowest floor elevation of any proposed building based upon National Geodetic Vertical Datum of 1929.
            2. The elevation of the 100-year floodplain. [Ord. 2010-1]
            3. If available, information concerning flood depths, pressures, velocities, impact and uplift forces and other factors associated with a 100-year flood.
            4. Detailed information concerning any proposed floodproofing measures.
         4. The following data and documentation:
            1. A document, certified by a registered professional engineer or architect, which states that the proposed construction has been adequately designed to withstand the 100-year flood elevations, pressures, velocities, impact and uplift forces associated with the 100-year flood. Such statement shall include a description of the type and extent of flood proofing measures which have been incorporated into the design of the structure and/or the development.
            2. The appropriate component of the Pennsylvania Department of Environmental Protection’s “Planning Module for Land Development.” [Ord. 2010-1]
            3. Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection, to implement and maintain erosion and sedimentation control.
            4. Documentation, certified by a registered professional engineer or architect, to show that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the elevation of the 100-year flood more than 1 foot at any point. Said document and statement shall contain appropriate language when necessary to determine compliance with storage requirements (all materials that are buoyant, flammable, explosive or, in times of flooding, could be injurious to human, animal or plant life should be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible in compliance with subparagraph (20)–Development which May Endanger Human Life–Hazardous Materials and Substances) including:
               1. The amount, location, and purposes of any dangerous materials or substances which are intended to be used, produced, stored or otherwise maintained on site.
               2. A description of the following safeguards incorporated into the design of the proposed structure to prevent leaks or spills of the following dangerous materials or substances listed in subparagraph (22) during a 100-year flood.
      4. Applicants for any proposed construction or development located within or partially within any identified floodplain area shall provide five copies of the building application and the additional items: [Ord. 2010-1]
         1. A written request including a completed building permit application form.
         2. A small scale map showing the vicinity in which the proposed site is located.
         3. A plan of the entire site, clearly and legibly drawn at a scale of 1 inch being equal to 100 feet or less, showing the following:
            1. North arrow, scale, and date.
            2. Topography based upon the National Geodetic Vertical Datum of 1929, showing existing and proposed contours at intervals of 2 feet.
            3. All property and lot lines including dimensions, and the size of the site expressed in acres or square feet.
            4. The location of all existing streets, drives, other access ways, and parking areas, with information concerning widths, pavement types and construction and elevations.
            5. The location of any existing bodies of water or watercourses, buildings, structures. And other public or private facilities, including railroad tracks and facilities, and other natural and man-made features affecting or affected by the proposed activity or development.
            6. The location of the floodplain boundary line, information and spot elevations concerning the 100-year flood elevations, and information concerning the flow of water including the direction and velocities.
            7. The location of all proposed buildings, structures, utilities, and any other improvements.
            8. Any other information which the municipality considers necessary for adequate review of the application.
         4. Plans of all proposed buildings, structures, and other improvements, clearly and legibly drawn at suitable scale showing the following:
            1. Sufficiently detailed architectural or engineering drawings including floor plans, sections, and exterior building elevations, as appropriate.
            2. For any proposed building, the elevation of the lowest floor (including basement) and, as required the elevation of any other floor.
            3. Complete information concerning flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the 100-year flood.
            4. Detailed information concerning any proposed flood proofing measures.
            5. Cross-section drawings for all proposed streets, drives, or other access ways, and parking areas, showing all rights-of-way and pavement width.
            6. Profile drawings for all proposed streets, drives, and vehicular access ways including existing and proposed grades.
            7. Plans and profiles of all proposed sanitary and storm sewer systems, water supply systems, and any other utilities and facilities.
         5. The following data and documentation:
            1. Certification from the applicant that the site upon which the activity or development is proposed is an existing separate and single parcel, owned by the applicant or the client he represents.
            2. Certification from a registered professional engineer, or architect that the proposed construction has been adequately designed to protect against damage from the 100-year flood.
            3. A statement, certified by a registered professional engineer, architect, or other qualified person which contains a complete and accurate description of the nature and extent of pollution that might possibly occur from the development during the course of a 100-year flood, including a statement concerning the effects such pollution may have on human life.
            4. A statement certified by a registered professional engineer or architect which contains a complete and accurate description of the effects the proposed development will have on 100-year flood elevations and flows.
            5. A statement, certified by a registered professional engineer or architect which contains a complete and accurate description of the kinds and amounts of any loose buoyant material or debris that may possibly exist or be located on the site below the 100-year flood elevation and the effects such materials and debris may have on 100-year flood elevations and flows.
            6. The appropriate component of the Department of Environmental Protection’s “Planning Module for Land Development.”
            7. Where any excavation or grading is proposed, a plan meeting the requirements of the Department of Environmental Protection to implement and maintain erosion and sedimentation control.
            8. Any other applicable permits such as, but not limited to a permit for any activity regulated by the Department of Environmental Protection under §302 of the Flood Plain Management Act, 32 P.S. §679.101 et seq.
            9. An evacuation plan which fully explains the manner in which the site will be safely evacuated before or during the course of a 100-year flood.
   6. Review of Application by Others. A copy of all plans and applications for any proposed construction or development in any identified floodplain Zoning Officer to any other appropriate agencies and/or individuals including the Township Planning Commission, if any, the Lehigh Valley Planning Commission, the Township Engineer, and the Lehigh County Soil Conservation District for further review and comment.
   7. Changes. After the issuance of a building permit by the Zoning Officer no changes of any kind shall be made to the application, permit or any of the plans, specifications or other documents submitted with the application without the written consent or approval of the Zoning Officer. Requests for any such change shall be in writing, and shall be submitted by the applicant to the Zoning Officer for consideration.
   8. Placards. In addition to the building permit, the Zoning Officer shall issue a placard which shall be displayed on the premises during the time construction is in progress. This placard shall show the number of the building permit, the date of its issuance and be signed by the Zoning Officer.
   9. Start of Construction. Work on any proposed project for which a permit is required shall begin within 6 months after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. Construction and/or development shall be considered to have started with the preparation of land, land clearing, grading, filling, excavation for basement, footings, piers or foundations, erection of temporary forms, the installation of piling under proposed subsurface footing, or the installation of sewer, gas, and water pipes, or electrical or other service lines from the street.
      1. Completion of Construction. Work on any proposed project for which a permit is required shall be completed within 1 year after the date of issuance of the building permit or the permit shall expire unless a time extension is granted, in writing, by the Zoning Officer. Construction and/or development shall be considered to have been completed upon the issuance of a certificate of occupancy or upon successful completion of the final inspection as required under the Uniform Construction Code, whichever shall occur first. [Ord. 2010-1]
   10. Inspection and Revocation.
       1. During the construction period, the Zoning Officer or other authorized official shall inspect the premises to determine that the work is progressing in compliance with the information provided on the permit application and with all applicable Township laws and ordinances. He shall make as many inspections during and upon completion of the work as are necessary.
       2. In the discharge of his duties, the Zoning Officer shall have the authority to enter any building, structure, premises or development in the identified flood-prone area, or otherwise, upon presentation of proper credentials, at any reasonable hour to enforce the provisions of this Chapter.
       3. In the event the Zoning Officer discovers that the work does not comply with the permit application or any applicable laws and ordinances, or that there has been a false statement of misrepresentation by any applicant, the Zoning Officer shall revoke the building permit and report such fact to the Board of Supervisors for whatever action it considers necessary.
       4. A record of all such inspections and violations of this Chapter shall be maintained.
   11. Permit Fees. Applications for a building permit shall be accompanied by a fee, payable to the Township in accordance with a schedule of fees adopted by the Board of Supervisors by resolution.
   12. Identification of Floodplain Areas. The identified floodplain area shall be those areas of Heidelberg Township, Lehigh County, which are subject to the 100-year flood, which is identified as Zone A (area of special flood hazard) in the Flood Hazard Boundary Map (FHBM) or the most recent revision thereof as issued by the Federal Emergency Management Agency (FEMA), or on the most recent Flood Insurance Rate Map (FIRM) issued by FEMA, if such map has been prepared for the Township of Heidelberg.
   13. Determination of the 100-Year Flood Elevation. The 100-year flood elevation shall be used as the basis for regulation. To determine the 100-year flood elevation, the elevation at a given point on the boundary of the identified floodplain area which is nearest the construction site in question will be used. In helping to make this necessary elevation determination other sources of data where available shall be used, such as:
       1. Corps of Engineers–Floodplain Information Reports.
       2. U.S. Geological Survey–Flood-prone Quadrangles.
       3. U.S.D.A. Soil Conservation Service–County Soil Surveys (Alluvial Soils) or P.L. 566 Flood Information.
       4. Pennsylvania Department of Environmental Protection–Flood Control Investigations.
       5. Known high water marks from past floods.
       6. Other Sources. In lieu of the above, the Township may require the applicant to determine the elevation with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or other of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted to sufficient detail to allow a thorough technical review by the Township.
   14. Changes in Identification of Area. The identified floodplain area may be revised or modified by the Board of Supervisors where studies or information provided by a qualified agency or person, documents the need or possibility for such revision. However, prior to any such change, approval must be obtained from the Federal Insurance Administration (FIA).
   15. Disputes. Should a dispute arise concerning any identified floodplain boundary, an initial determination shall be made by the Zoning Officer and any persons aggrieved by such decision may appeal to the Board of Supervisors, the burden of proof shall be on the applicant.
   16. Technical Provisions.
       1. In the identified floodplain area, the development and/or use of any land shall be permitted provided that the development and/or use complies with the restrictions and requirements of this and all other applicable codes and ordinances in force in the municipality.
       2. Within any identified floodplain area, no new construction or development shall be located within the area measured 50 feet landward from the top-of-bank of any watercourse, unless a permit is obtained from the Department of Environmental Protection, Regional Office, Wilkes Barre.
       3. Within any floodway area, no new construction or development shall be permitted that would cause any increase in the 100-year flood elevation.
   17. Elevation and Flood Proofing Requirements.
       1. Residential Structures. Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved residential structure shall be 1 1/2 feet or more above the 100-year flood elevation.
       2. Nonresidential Structures.
          1. Within any identified floodplain area, the elevation of the lowest floor (including basement) of any new or substantially improved nonresidential structures shall be 1 1/2 feet or more above the 100-year flood elevation or be designed and constructed so that the space enclosed by such structure shall remain either completely or essentially dry during any flood up to that height.
          2. Any structure, or part thereof, which shall not be completely or adequately elevated shall be designed and constructed to be completely or essentially dry manner in accordance with the W1 or W2 Space Classification Standards contained in the publication entitled “Flood Proofing Regulations” published by the U. S. Army Corps of Engineers (June 1972 as amended March 1992) or with some other equivalent standard. All plans and specifications for such flood proofing shall be accompanied by a statement certified by a registered professional engineer or architect which states that the proposed design and methods of construction are in conformance with the above referenced standards.
       3. A fully enclosed space below the lower floor (including basement) is prohibited.
       4. A partially enclosed space below the lower floor (including basement) which will be used solely for the parking of a vehicle, building access, or incidental storage in an area other than a basement, shall be designed and constructed to allow for the automatic entry and exit of flood waters for the purpose of equalizing hydrostatic forces on exterior walls. The term “partially enclosed space” also includes crawl spaces. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
          1. A minimum of two openings having a net total area of not less than 1 square inch for every square foot of enclosed space.
          2. The bottom of all openings shall be no higher than 1 foot above grade.
          3. Openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
   18. Design and Construction Standards. The following minimum standards shall apply for all construction proposed to be undertaken within any identified floodplain area:
       1. Fill. If fill is used, it shall:
          1. Extend laterally at least 15 feet beyond the building line from all points.
          2. Consist of soil or small rock materials only. Sanitary landfills shall not be permitted.
          3. Be compacted to provide the necessary permeability and resistance to erosion, scouring, and settling,
          4. Be no steeper than 1 vertical to 2 horizontal, unless substantiated data, justifying steeper slopes are submitted to, and approved by the Zoning Officer.
          5. Be used to the extent to which it does not adversely affect adjacent properties.
       2. Drainage Facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.
       3. Water and Sanitary Sewer Facilities and Systems.
          1. All new or replacement water and sanitary sewer facilities and systems shall be located, designed and constructed to minimize or eliminate flood damages and the infiltration of flood waters.
          2. Sanitary sewer facilities and systems shall be designed to prevent the discharge of untreated sewage into flood waters.
          3. No part of any on-site sewage system shall be located within any identified floodplain area except in strict compliance with all State and local regulations for such systems. If any such system is permitted, it shall be located so as to avoid impairment to it, or contamination from it, during a flood.
       4. Other Utilities. All other utilities such as gas lines, electrical and telephone systems shall be located, elevated (where possible) and constructed to minimize the chance of impairment during a flood.
       5. Streets. The finished elevation of all new streets shall be no more than 1 foot below the regulatory flood elevation.
       6. Storage. All materials that are buoyant, flammable, explosive, or in times of flooding, could be injurious to human, animal or plant life, and not listed in subparagraph (24), shall be stored at or above the regulatory flood elevation and/or flood proofed to the maximum extent possible.
       7. Placement of Buildings and Structures. All buildings and structures shall be designed, located and constructed so as to offer the minimum obstruction to the flow of water and shall be designed to have a minimum effect upon the flow and height of flood water.
       8. Anchoring.
          1. All buildings and structures shall be firmly anchored in accordance with accepted engineering practices to prevent flotation, collapse, or lateral movement.
          2. All air ducts, large pipes, storage tanks, and other similar objects or components located below the regulatory flood elevation shall be securely anchored or affixed to prevent flotation.
       9. Floors, Walls, and Ceilings.
          1. Wood flooring used at or below the regulatory flood elevation shall be installed to accommodate a lateral expansion of the flooring, perpendicular to the flooring grain without causing structural damage to the building.
          2. Plywood used at or below the regulatory flood elevation shall be designed and constructed of materials that are water-resistant and will withstand inundation.
          3. Walls and ceilings at or below the regulatory flood elevation shall be designed and constructed of materials that are water resistant and will withstand inundation.
          4. Windows, doors, and other components at or below the regulatory flood elevation shall be made of metal or other water resistant material.
       10. Paints and Adhesives.
           1. Paints or other finishes used at or below the regulatory flood elevation shall be of a “marine” or water resistant quality.
           2. Adhesives used at or below the regulatory flood elevation shall be of a “marine” or water-resistant quality.
           3. All wooden components (doors, trim cabinets, etc.) shall be finished with a “marine” or water-resistant paint or other finishing material.
       11. Electrical Components.
           1. Electrical distribution panels shall be at least 3 feet above the 100-year flood elevation.
           2. Separate electrical circuits shall serve lower levels and shall be dropped from above.
       12. Equipment. Water heaters, furnaces, air conditioning and ventilating units, and other mechanical or utility equipment or apparatus shall not be located below the regulatory flood elevation.
       13. Fuel Supply Systems. All gas and oil supply systems shall be designed to prevent the infiltration of flood waters into the system and discharges from the system into flood waters. Additional provision shall be made for the drainage of these systems in the event that flood water infiltration occurs.
   19. Identified Floodplain Areas.
       1. Within any identified floodplain area, all manufactured homes and any additions thereto shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
       2. Where permitted within any identified floodplain area, all manufactured homes and additions thereto shall be:
          1. Anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in accordance with the American National Standards as specified in the Standard for the Installation of Mobile Home Including Mobile Home Park Requirements (NFPA No. 501A-1974 (ANSI A119.3–1975)), as amended for Mobile Homes in Hurricane Zones, or the more current, applicable NFPA publication, or other appropriate standards, such as the following:
             1. Over-the-top ties shall be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations for units 50 feet or more in length, and one additional tie per side for units less than 50 feet in length.
             2. Frame ties shall be provided at each corner of the mobile home, with five additional ties per side at intermediate locations for units 50 feet or more in length, and four additional ties per side for units less than 50 feet in length.
             3. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds.
          2. Elevated in accordance with the following requirements:
             1. The stands or lots shall be elevated on compacted fill, or on pilings so that the lowest floor of the mobile home will be 1 1/2 feet or more above the elevation of the 100-year flood.
             2. Adequate surface drainage is provided.
             3. Adequate access for a hauler is provided.
             4. Where pilings are used for elevation, the lots shall be large enough to permit steps; piling foundations shall be placed in stable soil no more than 10 feet apart; reinforcement shall be provided for pilings that will extend for 6 feet or more above the ground level.
          3. Mobile/manufactured homes shall be placed on a permanent foundation.
       3. An evacuation plan indicating alternate vehicular access and escape routes shall be filed with the appropriate Township Administrator for mobile home parks and mobile home subdivisions.
   20. Development Which May Endanger Human Life; Hazardous Materials and Substances.
       1. In accordance with the Pennsylvania Flood Plain Management Act, 32 P.S. §679.101 et seq., and the regulations adopted by the Pennsylvania Department of Community and Economic Development as required by the Act, any new or substantially improved structure which will be used for the production or storage of any of the following dangerous materials or substances or which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following dangerous materials or substances on the premises, shall be subject to the provisions of this Section, in addition to all other applicable provisions:
          1. Acetone.
          2. Ammonia.
          3. Benzene.
          4. Calcium carbide.
          5. Carbon disulfide.
          6. Celluloid.
          7. Chlorine.
          8. Hydrochloric acid.
          9. Hydrocyanic acid.
          10. Magnesium.
          11. Nitric acid and oxides of nitrogen.
          12. Petroleum products (gasoline, fuel oil, etc.).
          13. Phosphorus.
          14. Potassium.
          15. Sodium.
          16. Sulphur and sulphur products.
          17. Pesticides (including insecticides, fungicides, and rodenticides).
          18. Radioactive substances, insofar as such substances are not otherwise regulated.
       2. Within any identified floodplain area, any new or substantially improved structure of the kind described in subparagraph (20)(a), above, shall be prohibited within the area measured 50 feet landward from the top-of-bank of any watercourse.
       3. Where permitted within any identified floodplain area, any new or substantially improved structure of the kind described in paragraph (20)(a) above, shall be:
          1. Elevated or designed and constructed to remain completely dry up to at least 1 1/2 feet above the 100-year flood.
          2. Designed to prevent pollution from the structure or activity during the course of any 100-year flood.
       4. Any such structure, or part thereof, that will be built below the regulatory flood elevation shall be designed and constructed in accordance with the standards for completely dry flood-proofing contained in the publication “Flood-Proofing Regulations” (U.S. Army Corps of Engineers, June 1972, as amended March 1992), or with some other equivalent watertight standard.
       5. In addition, the Township may attach whatever additional conditions and safeguards it may deem necessary and reasonable in order to implement the purposes of this ordinance and to protect the general health, safety and welfare of the public.
   21. Existing Structures in Floodplain Areas. Structures existing in any identified flood-prone area prior to the enactment of this Chapter, but which are not in compliance with these provisions may continue to remain subject to the following:
       1. Existing structures located in any identified floodway area shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.
       2. Notwithstanding any provision of this Chapter to the contrary, any modification, alteration, reconstruction or improvement of any kind to an existing structure, to an extent or amount of 50 percent of more of its market value, shall constitute a substantial improvement and shall be undertaken only in full compliance with the provisions of this Chapter.
   22. Accessory Structures. Structures accessory to a principal building need not be elevated or flood proofed to remain dry, but shall comply, at a minimum, with the following requirements:
       1. The structure shall not be designed or used for human habitation, but shall be limited to the parking of vehicles, or the storage of tools, material and equipment related to the principal use or activity.
       2. Floor area shall not exceed 600 square feet.
       3. The structure will have a low damage potential.
       4. The structure will be located on the site so as to cause the least obstruction to the flow of flood waters.
       5. Power lines, wiring and outlets will be at least 1 1/2 feet above the 100-year flood elevation.
       6. Permanently affixed utility equipment and appliances such as furnaces, heaters, washers, dryers, etc., are prohibited.
       7. Sanitary facilities are prohibited.
       8. The structure shall be adequately anchored to prevent flotation movement and shall be designed to automatically provide for the entry and exit of flood waters for the purpose of equalizing hydrostatic forces on the walls. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following minimum criteria:
          1. Minimum of two openings having a net total area of not less than 1 square inch for every square foot of the enclosed space.
          2. The bottom of all openings shall be no higher than 1 foot above grade.
          3. Openings may be equipped with screens, louvers, etc. or other coverings or devices provided that they permit the automatic entry and exit of flood waters.
   23. Activities Requiring Special Permits. In accordance with the Pennsylvania Department of Community and Economic Development administrative regulations implementing, the Pennsylvania Flood Plain Management Act, 32 P.S. §679.101 et seq., the following obstructions and activities are prohibited if located entirely or partially within an identified floodplain area unless a special permit is issued:
       1. Hospitals (public or private).
       2. Nursing homes (public or private).
       3. Jails or prisons.
       4. New mobile home parks and mobile home subdivisions, and substantial improvements to them or existing mobile home parks.
   24. Application Review Procedures. Upon receipt of an application for a special permit by the Township, the following procedures will apply in addition to those of subparagraphs (3) through (12):
       1. Within 3 working days following receipt of the application, a complete copy of the application and all accompanying documentation shall be forwarded to the Lehigh Valley Planning Commission by registered or certified mail for its review and recommendations. Copies of the application shall also be forwarded to the Township Planning Commission, if there be any, and the Township Engineer for review and comment.
       2. If an application is reviewed that is incomplete, the Township shall notify the applicant in writing, staling in what respects the application is deficient.
       3. If the Township decides to disapprove an application, it shall notify the applicant, in writing, of the reasons for the disapproval.
       4. If the Township approves an application, it shall file written notification, together with the application and all pertinent information, with the Department of Community and Economic Development, by registered or certified mail, within 5 working days after the date of approval. [Ord. 2010-1]
       5. Before issuing the special permit, the Township shall allow the Pennsylvania Department of Community and Economic Development 30 days, after receipt of the notification by the Department, to review the application and the decision made by the Township.
       6. If the Township does not receive any communication from the Pennsylvania Department of Community and Economic Development during the 30-day review period, it may issue a special permit to the applicant.
       7. If the Pennsylvania Department of Community and Economic Development should decide to disapprove an application, it shall notify the Township and the applicant, in writing, of the reasons for the disapproval, and the Township shall not issue the special permit.
   25. Special Technical Requirements.
       1. In addition to the requirements of subparagraphs (15) through (20) of this Section, the following minimum requirements shall also apply. If there is any conflict between any of the following requirements and those in subparagraphs (15) through (20) of this Section or in any other code, ordinance or regulation, the more restrictive provision shall apply.
       2. No application for a special permit shall be approved unless it can be determined that the structure or activity will be located, constructed and maintained in a manner which will:
          1. Fully protect the health and safety of the general public and any occupants of the structure. At a minimum, all new structures shall be designed, located, and constructed so that:
             1. The structure will survive inundation by waters of the 100-year flood without any lateral movement or damage to either the structure itself, or to any of its equipment or contents below the 100-year flood elevation.
             2. The elevation of the lowest floor (including basement) will be at least 1 1/2 feet above the 100-year flood elevation.
             3. The occupants of the structure can remain inside for an indefinite period of time and be safely evacuated at any time during the 100-year flood.
          2. Prevent any significant possibility of pollution increased flood levels or flows, or debris endangering life and property. All hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualification, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough technical review by the Township and the Pennsylvania Department of Community and Economic Development.
       3. In approving any application for a special permit, the Township may attach whatever additional conditions and safeguards it may deem necessary and reasonable in order to implement the purposes of this Chapter and to protect the general health, safety, and welfare of the public.
   26. Variances. If compliance with any of the requirements of this Chapter would result in an exceptional hardship for a prospective builder, developer, or landowner, the Township may, upon written request, grant relief from the strict application of the requirements. Requests for variances shall be considered by the Township in accordance with the procedures contained in subparagraph (13) and the following:
       1. No variance shall be granted for any construction, development, use or activity within any floodplain area that would cause any increase in the 100-year flood elevation.
       2. Except for a possible modification of the freeboard requirement involved, no variance shall be granted for any of the other requirements pertaining specifically to development regulated by special permit (subparagraph (23) et seq.) or to development which may endanger human life (subparagraph (20)).
       3. If granted, a variance shall involve only the least modification necessary to provide relief.
       4. In granting any variance, the Township 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 Chapter.
       5. Whenever a variance is granted, the Township shall notify the applicant, in writing, that:
          1. The granting of the variance may result in increased premium rates for flood insurance.
          2. Such variance may increase the risks to life and property.
       6. In reviewing any request for a variance, the Township shall consider, but not be limited to, 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 not result in an unacceptable or prohibited increase in flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with any other applicable local or State ordinances and regulations.
       7. A complete record of all variance requests and related actions shall be maintained by the Township. In addition, a report of all variances granted during the year shall be included in the annual report to the Federal Insurance Administration.
       8. For purposes of this Section, when the “Township” is referred to, it shall mean the Zoning Hearing Board of the Township, or if there is none, then it shall mean the Board of Supervisors.
       9. Notwithstanding any of the above, however, all structures shall be designed and constructed so as to have the capability of resisting the 100-year flood.
   27. Definitions. Unless specifically defined below, words and phrases used in §§27-1203.A through 27-1203.H of this Section shall be interpreted so as to give this Section its most reasonable application.
       
       Accessory use or structure–a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use of structure.
       
       Building–a combination of materials to form a permanent structure having walls and a roof. Included shall be all mobile homes and trailers to be used for human habitation.
       
       Completely dry space–a space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
       
       Construction–the construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure including the placement of mobile homes.
       
       Development–any manmade changes to improved or unimproved real estate, and including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
       
       Essentially dry space–a space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.
       
       Flood–a temporary inundation of normally dry land areas.
       
       Floodplain area–a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
       
       Floodproofing–means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
       
       Floodway–the designated area of a floodplain required to carry and discharge floodgates of a given magnitude. For the purpose of this Section, the flood way shall be capable of accommodating a flood of the 100-year magnitude.
       
       Land development–any of the following activities:
       1. The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
          1. A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
          2. The division or allocation of land or space, whether initially or cumulatively, or between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, lease holds, condominiums, building groups or other features.
       2. A subdivision of land.
          
       Manufactured home–a structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or when erected on site is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation which connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include all structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the section (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of the manufacture is required. For the purpose of this definition, a mobile home shall be considered a manufactured home. [Ord. 2010-1]
       
       Manufactured home park–a parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for non-transient use.
       
       Minor repair–the replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition, or portion thereof. The removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer. Drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
       
       Mobile home–see “manufactured home.”
       
       Mobile home park–see “manufactured home park.”
       
       Obstruction–any wall, darn, wharf, embankment, levee, dike, pile abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse, or flood-prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to the damage of life and property.
       
       One hundred year flood–a flood that, on the average, is likely to occur once every 100 years (i.e., that has 1 percent chance of occurring each year, although the flood may occur in any year).
       
       Regulatory flood elevation–the 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
       
       Special permit–a special approval which is required for hospitals, nursing homes, jails, and new mobile home parks and substantial improvements to such existing parks, when such development is located in all, or a designated portion of a floodplain.
       
       Structure–anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, mobile homes and other similar items.
       
       Subdivision–the division or re-division of a lot, tract, or parcel or land by any means into two or more lots, tracts, parcels, or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
       
       Basement–any area of the building having its floor below ground level on all sides.
       
       Historic structure–any structure that is:
       1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily be determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
       2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
       3. Individually listed on a state inventory of historic planes in states with historic preservation programs which have been approved by the Secretary of the Interior.
       4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
          1. By an approved state program as determined by the Secretary of the Interior.
          2. Directly by the Secretary of the Interior in states without approved programs.
             
       Identified floodplain area–the floodplain area specifically identified in this Section as being inundated by the 100-year flood.
       
       Lowest floor–the lowest floor of the lowest fully enclosed area (including basement). An unfurnished, flood resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is a violation of the applicable nonelevation design requirement of this Section.
       
       New construction–structures for which the start of construction commenced on or after March 10, 1982, and includes any subsequent improvements thereto.
       
       Person–an individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility, limited liability company, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.
       
       Recreational vehicle–a vehicle which is (1) built on a single chassis; (2) not more than 400 square feet, measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light-duty truck; (4) not designed for use as a permanent dwelling but as temporary living quarters for recreation, camping travel or seasonal use.
       
       Substantial damage–damage from any costs sustained by a structure or whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent or more of the market value of the structure before the damage occurred.
       
       Substantial improvement–any recreation, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either:
       1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.
       2. Any alteration of a “historic structure” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.”
   28. Abrogation and Greater Restrictions. This Section supersedes any other conflicting provision which may be in effect in identified floodplain areas. If there is a conflict between any of the provisions of this Section, the more restrictive shall apply. However, any other Section provisions shall remain in full force and effect to the extent that those provisions are more restrictive.
   29. Severability. If any Section, subsection, paragraph, sentence, clause or phrase of this Section shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Section, which shall remain in full force and effect, and for this purpose the provisions of this Section are hereby declared to be severable.
   30. Warning and Disclaimer of Liability. The degree of flood protection sought by the provisions of this Section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This Section does not imply that areas outside any identified floodplain area, or that land uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of the Township or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder.
7. Zoning Permits.
   1. No person shall erect, convert, move, or add any sign or change the use of any land or structure, or establish any business until the Zoning Officer issues a zoning permit to the person/applicant for said change or construction or use. No zoning permit is required for normal maintenance and repairs.
   2. A zoning permit for a permitted use shall be issued by the Zoning Officer. A zoning permit for a use requiring a special exception or variance shall be issued by the Zoning Officer only upon the written order and consent of the Zoning Hearing Board after all hearing procedures. An application for a special exception use, variance or for interpretation of any part or provisions of this Section shall be made to the Zoning Hearing Board on forms which may be obtained from the Township zoning office.
      1. Form of Application. All applications for a zoning permit shall be made in writing on a form prescribed and furnished by the Zoning Officer and shall be accompanied by one set of plans showing at least the following information: [Ord. 2010-1]
         1. Actual dimensions and shape of the lot which is the subject of the application.
         2. The size and location on the lot of buildings, structures, or signs, existing and/or proposed, and any proposed extensions, changes or additions thereto.
         3. The number of dwelling units, if any, to be provided.
         4. Parking spaces and/or loading facilities proposed or existing.
         5. Statement indicating any existing and proposed uses.
         6. Height of any proposed structure, building, or sign.
         7. Conformance to §27-1004 relating to home occupations.
         8. Any and all other information necessary for the Zoning Officer to review the application to determine conformance with and provide for enforcement of this Chapter.
8. Relationship Between Building Permits and Zoning Permits. The Township Zoning Officer may, in his discretion, combine the building permit and zoning permit applications and forms into a single application and permit form; provided, however, that the Zoning Officer shall not have any discretion to lessen any of the requirements of any ordinance with respect to the information required in order to obtain any permit, or to deem that entitlement to either a building permit or a zoning permit shall authorize, or shall have been the equivalent of having issued, the other permit.

(Ord. 4-81, 12/28/1981, §1230; as amended by Ord. 2-98, 4/9/1998, §§19–22; by Ord. 2003-2, 5/8/2003, §1; and by Ord. 2010-1, 4/8/2010)

1. Use Change. It shall be unlawful to use or to permit the use of any building structure, premises, lot or land or part thereof, hereafter erected or altered, enlarged or moved, in whole or in part, after the effective date of this Chapter, or any building, structure, premises, lot or land, or part thereof of which the use is changed, until a certificate of occupancy has been obtained by the owner, as provided for under the Township Building Permit Ordinance.
2. Ordinance Conformity. No certificate of occupancy shall be issued for any building, structure, premises, lot or land, unless the erection, construction, reconstruction, structural alteration, or moving of any building or structure or part thereof, and the intended use thereof are in conformity in all respects with the provisions of this Chapter.
3. Special Exception Uses. The Zoning Officer shall obtain a written order from the Zoning Hearing Board before issuing a certificate of occupancy in a case involving a special exception use pursuant to §27-1108 or a variance from the provisions of this Chapter pursuant to §27-1109.
4. Existing Uses. Upon written application by the owner or his authorized agent, the Zoning Officer shall issue a certificate of occupancy for any building or structure, lot or land, existing and in use at the effective date of this Chapter.

(Ord. 4-81, 12/28/1981, §1240)

Fees for building permit applications, and for issuance of building permits and certificates of occupancy and for appeals shall be set forth in a schedule of fees as adopted as needed by the Board of Supervisors.

(Ord. 4-81, 12/28/1981, §1250; as amended by Ord. 2010-1, 4/8/2010)

1. Enforcement Notice.
   1. If it appears to the Township of Heidelberg that a violation of any zoning ordinance enacted under the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq., has occurred, the Township of Heidelberg shall initiate enforcement proceedings by sending an enforcement notice pursuant to §616.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10616.1. [Ord. 2-98]
   2. An enforcement notice shall state at least the following:
      1. The name of the owner of record and any other person against whom the Township of Heidelberg intends to take action.
      2. The location of the property in violation.
      3. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance.
      4. The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
      5. That the recipient of the notice has the right to appeal to the Zoning Hearing Board within 20 days from the receipt of notice. [Ord. 2-98]
      6. That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
2. Causes of Action. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained, or used in violation of any ordinance enacted under the Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq., or prior enabling laws, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township of Heidelberg, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice or that action shall be served upon the Township of Heidelberg at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the Township of Heidelberg. No such action may be maintained until such notice has been given. [Ord. 4-90]
3. Enforcement Remedies. [Ord. 4-90]
   1. Any person, partnership, or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance exacted under the Pennsylvania Municipalities Planning Code or prior enabling laws shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Board of Supervisors, pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Board of Supervisors as a result thereof. No judgement shall commence or be imposed, levied, or payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor timely appeals the judgement, the Board of Supervisors may enforce the judgement pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the magisterial district judge determining that there has been a violation further determines that there was good faith basis for the person, partnership, or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs, and reasonable attorney fees collected for the violation of this Chapter shall be paid over to the Township of Heidelberg. [Ord. 2010-1]
   2. The Court of Common Pleas of Lehigh County, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
   3. Nothing contained in this Section Shall be construed or interpreted to grant to any person or entity other than the Board of Supervisors the right to commence any action for enforcement pursuant to this Section.

(Ord. 4-81, 12/28/1981, §1260; as amended by Ord. 4-88, 9/23/1988; by Ord. 4-90, 10/11/1990, §23; by Ord. 2-98, 4/9/1998, §§23 and 24; and by Ord. 2010-1, 4/8/2010)

Duly certified copies of this Chapter and of the Official Zoning Map which forms a part thereof, together with copies of all amendments hereto, shall be filed in the Township Secretary’s office and in the Zoning Officer’s office and shall be open to public inspection.

(Ord. 4-81, 12/28/1981, §1270)

1. For the preparation of amendments to zoning ordinances, the procedure set forth in §607 of the Municipalities Planning Code, 53 P.S. §10607, for the preparation of a proposed zoning ordinance shall be optional.
2. 
   
   1. Before voting on the enactment of an amendment, the Board of Supervisors shall hold a public hearing thereon, pursuant to public notice. In addition, if the proposed amendment involves a zoning map change, notice of said public hearing shall be conspicuously posted by the Township at points deemed sufficient by the Township along the tract to notify potentially interested citizens. The affected tract or area shall be posted at least 1 week prior to the date of the hearing.
   2. 
      
      1. In addition to the requirement that notice be posted under paragraph .A, where the proposed amendment involves a zoning map change, notice of the public hearing shall be mailed by the Township at least 30 days prior to the date of the hearing by first class mail to the addresses to which real estate tax bills are sent for all real property located within the area being rezoned, as evidenced by tax records within the possession of the Township. The notice shall include the location, date and time of the public hearing. A good faith effort and substantial compliance shall satisfy the requirements of this subsection.
      2. This paragraph shall not apply when the rezoning constitutes a comprehensive rezoning.
3. In the case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission at least 30 days prior to the hearing on such proposed amendment to provide the Planning Commission an opportunity to submit recommendations.
4. If, after any public hearing held upon an amendment, the proposed amendment is changed substantially, or is revised, to include land previously not affected by it, the Board of Supervisors shall hold another public hearing, pursuant to public notice, before proceeding to vote on the amendment.
5. At least 30 days prior to the public hearing on the amendment by the Board of Supervisors, the Township shall submit the proposed amendment to the Lehigh Valley Planning Commission for recommendations.
6. The Township may offer a mediation option as an aid in completing proceedings authorized by this Section. In exercising such an option, the Township and mediating parties shall meet the stipulations and follow the procedures set forth in Article IX of the Pennsylvania MPC, 53 P.S. §10901 et seq.
7. Within 30 days after enactment, a copy of the amendment to the zoning ordinance shall be forwarded to the Lehigh Valley Planning Commission.
8. Publication, Advertisement and Availability of Ordinances.
   1. Proposed zoning ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than 7 days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
      1. A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
      2. An attested copy of the proposed ordinance shall be filed in the Lehigh County Law Library or other County office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
   2. In the event substantial amendments are made in the proposed ordinance or amendment, before voting upon enactment, the Board of Supervisors shall, at least 10 days prior to enactment, re-advertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
   3. Zoning ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.

(Ord. 4-81, 12/28/1981, §1280; as amended by Ord. 4-90, 10/11/1990, §§24–26; by Ord. 2-98, 4/9/1998, §§25 and 26; and by Ord. 2010-1, 4/8/2010)

1. This Chapter shall not apply to any existing or proposed building, or extension thereof, used or to be used by a public utility corporation, if, upon petition of the corporation, the Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
2. This Chapter shall not apply to any existing or proposed building, or extension thereof, or any tract or parcel of land, used or to be used by the Township of Heidelberg.
3. This Chapter shall not apply to any highway safety shelter which shall be approved by the respective agencies as required in the Heidelberg Township Highway Safety Shelter Ordinance.

(Ord. 4-81, 12/28/1981, §1290)