During the Oct. 8 Lehigh Township Supervisors meeting, Brad Rock of Lehigh Engineering addressed the board on behalf of Michael and Karen Haberern, whose subdivision plan was set to expire on Nov. 10. Rock explained that it is a minor three-lot subdivision with no new buildings being planned, and provided maps for the supervisors to review. The Habererns are still waiting on a permit, and were requesting that recreation fees be deferred until the permit is issued, to which the supervisors agreed. They further consented to a conditional preliminary approval of the plan as long as all stipulations in the documentation are met.
The surveyor for the Blue Mountain Subdivision Lot 2 Land Development Plan was unavailable to attend the meeting, but sent word that he hopes to have everything ready by Nov. 30. With this in mind, the board approved an extension of time until Dec. 17.
They also granted an extension to Sedler Design & Redevelopment LLC, whose recording deadline passed at the end of July. The township will conduct inspections and release their security deposit after all the work is done on a retaining wall and other projects. The extension was issued until Nov. 30.
Sandra Hopkins of the Recreation Board stated that the plans for the tree lighting in December are progressing well, and thanked the fire department for promising to assist with parking. Another event is being planned for next June.
Public Works Director Frank Zamadics said that his men are working on drainage systems and moving into the new building. They are hanging the Hometown Heroes banners as they arrive. Cynthia Miller presented Zamadics with a United States flag, which was gifted to the township by Pennsylvania State Representative Zach Mako for display in the new building.
Board member Janet Sheats added that the open house for the new facility will be held on Tuesday, Nov. 12 from 1 to 3 p.m.; it will be advertised on the township website.
Zoning Officer Elizabeth Amato reported that 43 new permits were issued in September and that her office received nine new complaints.
The Department of Labor and Industry will be coming to Lehigh Township on Oct. 22 to inspect five locations, including the new maintenance building, to make sure everything is in accordance with accessibility coding.
The board was then addressed by Daniel Ziegenfuss, who erected the political banner promoting presidential candidate Donald Trump across Wood Street. Per the letter he received from Amato, the banner is in violation of the nuisance code, due to it violating the right-of-way in the airspace over the road. Along with several members of the audience who came in support of the banner remaining, Ziegenfuss appealed to the board to allow it to stay up until after the election.
Township Solicitor David Backenstoe explained that the content of the banner is not the problem, but rather its location and the potential safety threat it could pose to drivers.
Municipalities have the right to legislate the airspace above roads; the banner was erected without any official oversight or permission, and could pose a liability to the township if a driver were to strike one of the support poles or if the banner itself fell on a passing vehicle. The township could then possibly be sued for not having taken action on the banner, which in turn could cause them to lose their liability insurance, and settlement would then become the burden of the taxpayers. The zoning officer, Backenstoe said, acted appropriately. Ziegenfuss cannot appeal to the Board of Supervisors because of the nature of the citation, but he can appeal to the magistrate.
Next, Police Chief Scott Fogel said that the new officers are performing well and he “can’t say enough good things about them.” The cadet currently in the police academy should be joining the force after Christmas.
Fire Commissioner Richard Hildebrand reported 122 calls in the third quarter, including response to 17 building fires and 10 accidents with injuries.
The fire company is experiencing roughly $71,000 in losses at present. Supervisors will have an informal meeting with the fire company on Thursday, Oct. 24 at 7 p.m.
In other news, an ordinance will be advertised for adoption pertaining to off-street parking requirements for medical marijuana facilities. It will also be sent to both regional planning commissions for their review.
Supervisors then discussed whether residents may ask questions of township employees and department heads. It was determined that such questions should be addressed to the supervisors, who can then either answer them or redirect the questions to the appropriate individual.
Following, a lengthy discussion was held at the instigation of board member Sheats, who stated that the zoning officer should not have to wait until a written appeal is filed before she investigates a potential code violation.
After some debate, the supervisors agreed to the process recommended by Solicitor Backenstoe. If the zoning officer observes or is notified of a violation which poses an immediate danger of some kind, she may act on it at once. If she happens to notice one while she is out and about in the community, she should file a written report and citation. Those who make phone complaints, either to the township office or to the zoning officer, will be directed to file a written complaint unless the violation poses immediate danger. These written complaints must be filed using the official form in the township office; letters and emails will not count. At no time will anonymous complaints be accepted.
The members of the Zoning Board presented a joint statement, requesting that the Board of Supervisors provide them with procedures by which they can enforce any conditions they place. It was clarified that the Zoning Board is not authorized to enforce the zoning code; only the zoning officer can do that.
The next meeting of the Board of Supervisors will be held at 6 p.m. on Tuesday, Oct. 22 in the municipal building, located at 1069 Municipal Rd., Walnutport.
