[Note: Ordinance Number 257, March 20, 2006, authorizing the Township of Lower Heidelberg to Join with Other Municipalities to Enter into an Intergovernmental Agreement to Establish the Berks County Uniform Construction Code Board of Appeals is attached hereto after Section 109. This ordinance was adopted as a stand alone ordinance.]
[Ord. 236A, 6/21/2004, § 5]
The Township of Lower Heidelberg, Berks County, Pennsylvania (the "Township") hereby elects to administer and enforce the provisions of the Pennsylvania Construction Code Act, Act 45 of 1999, 35 P.S. § 7210.101-7210.1103, as amended from time to time (the "Act"), and its regulations.
[Ord. 236A, 6/21/2004, § 5]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters 401-405, as amended from time to time (the "Uniform Construction Code"), is hereby adopted and incorporated herein by reference as the municipal building code of the Township.
[Ord. 259, 3/20/2006, § 1; Ord. 236A, 6/21/2004, § 5]
The following additions, insertions, deletions and changes are hereby made to the Uniform Construction Code:
(a) 
The International Building Code, 2003 Edition, is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(2) 
Section 1612.3: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(3) 
Section 1612.3: Insert the words "December 5, 1997" in place of the words "[DATE OF ISSUANCE]".
(4) 
Section 3410.2: Insert the words "June 26, 2004" in place of the words "[DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION]".
(5) 
The International Building Code, 2003, Edition, is hereby supplemented by including therein the following Appendices:
APPENDIX C — Group U — Agricultural Buildings
APPENDIX E — SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS
APPENDIX F — RODENT PROOFING
APPENDIX H — SIGNS
APPENDIX I — PATIO COVERS
APPENDIX J — GRADING
(b) 
The International Code Council Electrical Code — Administrative Provisions, 2003 Edition, is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(2) 
Section 404.2 shall be amended in its entirety so as to hereafter read as follows:
"404.2 Schedule of permit fees. Fees assessable by the Township for theadministration and enforcement undertaken pursuant to this particular code shall be established by the Board of Supervisors of the Township by resolution from time to time."
(c) 
The International Energy Conservation Code, 2003 Edition, is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(d) 
The International Existing Building Code, 2003 Edition, is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(2) 
Section 1201.2: Insert the words "June 26, 2004" in place of the words "[DATE TO BE INSERTED BY THE JURISDICTION]. Note: it is recommended that this date coincide with the effective date of building codes within the jurisdiction]".
(3) 
The International Existing Building Code, 2003, Edition, is hereby supplemented by including therein the following Appendices:
APPENDIX A — GUIDELINES FOR THE SISMIC RETROFIT OF EXISTING BUILDINGS
APPENDIX B — SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS FOR EXISTING BUILDINGS AND FACILITIES
(e) 
The International Fire Code, 2003 Edition, is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(2) 
Section 109.3: Insert the words "summary offense" in place of the words "[SPECIFY OFFENSE]"; insert the words "$1,000" in place of the words "[AMOUNT] dollars"; insert the words "30 days" in place of the words "[NUMBER OF DAYS]".
(3) 
Section 111.4: Insert the words "$100" in place of the words "[AMOUNT] dollars" where they first appear in said section; insert the words "$1,000" in place of the words "[AMOUNT] dollars" where they secondly appear in said section.
(4) 
Section 3204.3.1.1 is hereby amended in its entirety so as to hereafter read as follows:
3204.3.1.1 Location. Stationary containers shall be located in accordance with Section 3203.6. Containers of cryogenic fluids shall not be located within diked areas containing other hazardous materials.
Storage of flammable cryogenic fluids in stationary containers outside of buildings (i) is prohibited in all residential zoning districts, and (ii) requires the approval of the Township Board of Supervisors in all other zoning districts.
(5) 
Section 3404.2.9.5.1 is hereby amended in its entirety so as to hereafter read as follows:
3404.2.5.9.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings (i) is prohibited in all residential zoning districts, and (ii) requires the approval of the Township Board of Supervisors in all other zoning districts.
(6) 
Section 3406.2.4.4 is hereby amended in its entirety so as to hereafter read as follows:
3406.2.4.4 Location where above-ground tanks are prohibited. The storage of Class I and Class II liquids in above-ground tanks (i) is prohibited in all residential zoning districts, and (ii) requires the approval of the Township Board of Supervisors in all other zoning districts.
(7) 
Section 3804.2 is hereby amended in its entirety so as to hereafter read as follows:
3804.2 Maximum capacity within established limits. The storage of liquefied petroleum gas (i) is prohibited for the protection of heavily populated or congested areas in all residential zoning districts, and (ii) requires the approval of the Township Board of Supervisors in all other zoning districts. In all areas of the Township the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L).
Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy and proximity to buildings, capacity of proposed containers, degree of fire protection to be provided and capabilities of the local fire department.
(8) 
The International Fire Code, 2003, Edition, is hereby supplemented by including therein the following Appendices:
APPENDIX B — FIRE-FLOW REQUIREMENTS FOR BUILDINGS
APPENDIX C — FIRE HYDRANT LOCATIONS AND DISTRIBUTION
APPENDIX E — HAZARD CATEGORIES
APPENDIX F — HAZARD RANKINGS
APPENDIX G — CRYOGENIC FLUIDS-WEIGHT AND VOLUME EQUIVALENT
(9) 
The International Fire Code, 2003, Edition, is hereby supplemented by including therein the following appendices:
[Amended by Ord. No. 274, 7-21-2008, § 1]
Automatic Fire Sprinkler System Required: All new and completely altered structures in Use Groups A, B, E, F, H, I, M, R, S and U shall be provided with an automatic fire sprinkler system. The system shall be designed and installed in accordance with the 1996 Edition of NFPA 13, Standards for the Installation of Sprinkler Systems, published by National Fire Protection Association, Inc.
Complete alteration is defined as complete removal of internal components except for load bearing structural components.
This requirement does not apply to:
1.
Single-family detached dwellings.
2.
Open parking structures as defined in the International Building Code, 2003 Edition.
3.
In telecommunication equipment buildings, an automatic fire sprinkler system shall not be required in those spaces or areas occupied exclusively for telecommunications equipment, associated electrical power, distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic fire detection system in accordance with the International Building Code, 2003, Edition, and are separated from the remainder of the building with fire separation assemblies consisting of one-hour fire-resistance-rated walls and two-hour fire-resistance-rated floor/ceiling assemblies.
4.
Unheated buildings and buildings without year-round water supply.
5.
In areas of buildings where water reactive chemicals are stored.
6.
Additions or extensions to existing nonresidential buildings where the addition or extension is less than 50% of the gross floor area of the building or less than 2,500 square feet, and the building is not currently protected by an automatic fire sprinkler system.
7.
Additions or extensions to existing residential buildings.
8.
Duplex dwelling units which meet the following specifications:
a.
Equipped with telephone-based emergency response system capable of communicating automatically with an emergency call number; and
b.
The placement of additional smoke detectors in said units as recommended by the Township's Fire Marshal after his review of the fire safety plans for duplex units; and
c.
Submission and approval of a fire safety plan for said duplex units which is reviewed and approved by the Township's Fire Marshal; and
d.
The ability of the telephone-based emergency response system to notify the Lower Heidelberg Township Fire Company through the Berks County Communication Center in the event of an emergency.
Plans for Automatic Fire Sprinkler Systems: Plans for automatic fire sprinkler systems shall be reviewed by the Insurance Services Organization (I.S.O.) prior to their review by the Lower Heidelberg Code Enforcement Officer or any other person designated by the Township. Plans shall have the I.S.O. stamp and be accompanied by an I.S.O. review letter.
A permit fee, in an amount to be determined and set from time to time by Resolution of the Township Board of Supervisors, shall be paid to the Township.
Complete plans, specifications and hydraulic calculations shall be submitted to the Township Code Enforcement Officer or any other person designated by the Township. Plans shall include information as required in the International Building Code, 2003 Edition."
(f) 
The International Fuel Gas Code, 2003 Edition, is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(2) 
Section 106.5.2 shall be amended in its entirety so as to hereafter read as follows:
"106.5.2 Fee schedule. Fees assessable by the Township for the administration and enforcement undertaken pursuant to this particular code shall be established by the Board of Supervisors of the Township by resolution from time to time."
(3) 
Section 106.5.3: Insert the words "0% in place of the words "[SPECIFY PERCENTAGE]" in subsection 2; insert the words "0% in place of the words "[SPECIFY PERCENTAGE]" in subsection 3.
(4) 
Section 108.4: Insert the words "summary offense" in place of the words "[SPECIFY OFFENSE]"; insert the words "$1,000" in place of the words "[AMOUNT] dollars"; insert the words "30 days" in place of the words "[NUMBER OF DAYS]".
(5) 
Section 108.5: Insert the words "$100" in place of the words "[AMOUNT] dollars" where they first appear; insert the words "$1,000" in place of the words "[AMOUNT] dollars" where they secondly appear.
(g) 
The International Mechanical Code, 2003 Edition, is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(2) 
Section 106.5.2 is hereby amended in its entirety so as to hereafter read as follows:
106.5.2 Fee schedule. Fees assessable by the Township for the administration and enforcement undertaken pursuant to this particular code shall be established by the Board of Supervisors of the Township by resolution from time to time."
(3) 
Section 106.5.3: Insert the words "0% in place of the words "[SPECIFY PERCENTAGE]" in subsection 2; insert the words "0% in place of the words "[SPECIFY PERCENTAGE]" in subsection 3.
(4) 
Section 108.4: Insert the words "summary offense" in place of the words "[SPECIFY OFFENSE]"; insert the words "$1,000" in place of the words "[AMOUNT] dollars"; insert the words "30 days" in place of the words "[NUMBER OF DAYS]".
(5) 
Section 108.5: Insert the words "$100" in place of the words "[AMOUNT] dollars" where they first appear; insert the words "$1,000" in place of the words "[AMOUNT] dollars" where they secondly appear.
(h) 
The International Code Council Performance Code for Buildings and Facilities, 2003 Edition, is not amended at this time.
(i) 
The International Plumbing Code, 2003 Edition, is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(2) 
Section 106.6.2 is hereby amended in its entirety so as to hereafter read as follows:
106.6.2 Fee schedule. Fees assessable by the Township for the administration and enforcement undertaken pursuant to this particular code shall be established by the Board of Supervisors of the Township by resolution from time to time."
(3) 
Section 106.6.3: Insert the words "0% in place of the words "[SPECIFY PERCENTAGE]" in subsection 2; insert the words "0% in place of the words "[SPECIFY PERCENTAGE]" in subsection 3.
(4) 
Section 108.4: Insert the words "summary offense" in place of the words "[SPECIFY OFFENSE]"; insert the words "$1,000" in place of the words "[AMOUNT] dollars"; insert the words "30 days" in place of the words "[NUMBER OF DAYS]".
(5) 
Section 108.5: Insert the words "$100" in place of the words "[AMOUNT] dollars" where they first appear; insert the words "$1,000" in place of the words "[AMOUNT] dollars" where they secondly appear.
(6) 
Section 305.6.1 is amended in its entirety so as to hereafter read as follows:
305.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 30 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 30 inches below grade.
(7) 
Section 904.1 shall be amended in its entirety so as to hereafter read as follows:
904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least 24 inches above the roof or 24 inches above the anticipated snow accumulation, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least seven feet (2,134 mm) above the roof.
(j) 
The International Residential Code, 2003 Edition, is hereby amended as follows:
(1) 
Section R101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
(2) 
Table R301.2(1) Insert the following Design Criteria:
Ground Snow Load — 30 pounds
Wind Speed — 90 mph
Seismic Design Category — B
Weathering — Severe
Frost line depth — 36 inches
Termite — Moderate to heavy
Decay — Slight to moderate
Winter Design Temp — See Appendix D of the International Plumbing Code, 2003 — Degree day and design temperatures
Flood Hazards — See Township Zoning Ordinance
Air Freezing Index — 1,000
Mean Annual Temperature — 50° F.
(3) 
Section P2603.6.1 shall be amended so as to hereafter read as follows:
P2603.6.1 Sewer depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 30 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 30 inches below grade.
(4) 
Section P3103.1 shall be amended in its entirety so as to hereafter read as follows:
P3103.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at least 24 inches above the roof or 24 inches above the anticipated snow accumulation, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least seven feet (2,134 mm) above the roof.
(5) 
The International Residential Code, 2003, Edition, is hereby supplemented by including therein the following Appendices:
APPENDIX A — SIZING AND CAPACITIES OF GAS PIPING
APPENDIX B — SIZING OF VENTING SYSTEMS SERVING APPLIANCES EQUIPPED WITH DRAFT HOODS, CATEGORY I APPLIANCES, AND APPLIANCES LISTED FOR USE WITH TYPE B VENTS
APPENDIX C — EXIT TERMINALS OF MECHANICAL DRAFT AND DIRECTVENT VENTING SYSTEMS
APPENDIX E — MANUFACTURED HOUSING USED AS DWELLINGS
APPENDIX F — RADON CONTROL METHODS
APPENDIX G — SWIMMING POOLS, SPAS AND HOT TUBS
APPENDIX H — PATIO COVERS
APPENDIX J — EXISTING BUILDINGS AND STRUCTURES
APPENDIX K — SOUND TRANSMISSION
APPENDIX L — INTERNATIONAL RESIDENTIAL CODE ELECTRICAL PROVISIONS/NATIONAL ELECTRICAL CODE CROSS REFERENCE
(k) 
The International Urban-Wildland Interface Code, 2003 Edition is hereby amended as follows:
(1) 
Section 101.1: Insert the words "Township of Lower Heidelberg, Berks County, Pennsylvania" in place of the words "[NAME OF JURISDICTION]".
[Ord. 236A, 6/21/2004, § 5]
Administration and enforcement of the codes hereby adopted within the Township shall be undertaken in any of the following ways as determined by Board of Supervisors of the Township from time to time by resolution:
(a) 
By the designation of an employee of the Township to serve as the Township Building Code Official to act on behalf of the Township.
(b) 
By the retention of one or more construction code officials or third-party agencies to act on behalf of the Township.
(c) 
By agreement with one or more other municipalities for the joint administration and enforcement of the Act through an inter-municipal agreement.
(d) 
By entering into a contract with another municipality for the administration and enforcement of the Act on behalf of the Township.
(e) 
By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
[Ord. 236A, 6/21/2004, § 5]
A Board of Appeals shall be established by resolution of the Board of Supervisors of the Township in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
[Ord. 236A, 6/21/2004, § 5]
Nothing in this Part or in the Codes hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part.
[Ord. 236A, 6/21/2004, § 5]
(a) 
All building code ordinances or portions of ordinances which were adopted by the Township on or before July 1, 1999 and which equal or exceed the requirements of the Codes hereby adopted shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Codes hereby adopted, as amended from time to time.
(b) 
All building code ordinances or portions of ordinances which are in effect as of the effective date of this Part and whose requirements are less than the minimum requirements of the Codes hereby adopted are hereby amended to conform with the comparable provisions of the Codes hereby adopted.
(c) 
All relevant ordinances, regulations and policies of the Township not governed by the Codes hereby adopted shall remain in full force and effect.
[Ord. 236A, 6/21/2004, § 5]
Fees assessable by the Township for the administration and enforcement undertaken pursuant to this Part and the Codes hereby adopted shall be established by the Board of Supervisors of the Township by resolution from time to time.
[Ord. 236A, 6/21/2004, § 5]
If any sentence, clause, section or part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of the Board of Supervisors of the Township that this Part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
[Ord. 236A, 6/21/2004, § 6, as amended by Ord. 263, 5/21/2007, § 1]
The 2006 International Property Maintenance Code ("Code"), as published by the International Code Council, is hereby adopted as the property maintenance code of the Township, regulating and governing the conditions and maintenance of all property, buildings and structures, providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, providing for the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the Township, providing for the issuance of permits and collection of fees therefore, and repealing any ordinances or parts of ordinances in conflict therewith. All regulations, provisions, penalties, conditions and terms of the Code are hereby referred to, adopted, and made a part hereof, as if fully set forth in this Ordinance, except as provided herein.
[Ord. 236A, 6/21/2004, § 6, as amended by Ord. 263, 5/21/2007, § 2]
The following additions, insertions, deletions and changes are hereby made to the Code:
(a) 
Section 101.1: Delete "[NAME OF JURISDICTION]" and replace it with "Lower Heidelberg Township".
(b) 
In Section 103 of the Code, the title shall read as follows:
PROPERTY MAINTENANCE CODE OFFICIAL
(c) 
Section 103.1 of the Code is deleted in its entirety and replaced with the following:
103.1 Creation of the Office of the Property Maintenance Code Official. The office of Property Maintenance Code Official is hereby created and the executive official(s) in charge thereof shall be known as the Property Maintenance Code Official. The Property Maintenance Code Official is also referred herein at times as the code official.
(d) 
Section 103.2 of the Code is deleted in its entirety and replaced with the following:
103.2 Appointment. The Property Maintenance Code Official shall be appointed by resolution of the Board of Supervisors from time to time and shall serve at the pleasure of the Board of Supervisors on behalf of the Township.
(e) 
Section 103.5 of the Code is deleted in its entirety and replaced with the following:
103.5 Fees. The fees for all work, permits, charges, activities and services performed by the Code Official in carrying out his/her responsibilities under the Code shall be established by the Board of Supervisors of the Township by resolution from time to time.
(f) 
In Section 104.7 of the Code, the title shall read as follows:
"Property Maintenance Code Official's Records"
(g) 
Section 106.3 is deleted in its entirety, and replaced with the following new Section 106.3:
106.3 Prosecution of violation. Persons who violate any provision of this Code, fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the Property Maintenance Code Official, or of a permit or certificate issued under the provisions of this Code, shall be guilty of a summary offense, punishable by a fine of not more than $1,000 per violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
(h) 
In Section 106.5 of the Code, delete "legal officer of the jurisdiction" and replace with "Board of Supervisors".
(i) 
In Section 111.2 of the Code, delete "a minimum of three members who are qualified by experience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction" and replace with "Board of Supervisors". In Section 111.2, delete "The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms" and replace with "The Township Solicitor shall serve as solicitor for the board of appeals".
(j) 
Sections 111.2.1 and 111.2.2 should be deleted in their entirety.
(k) 
Sections 111.2.2, "Disqualification of members", should be renumbered as Section 111.2.1.
(l) 
Sections 111.2.4 and 111.2.5 should be deleted in their entirety.
(m) 
In Section 111.3 of the Code, delete "upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings" and replace with "at the regularly scheduled Supervisor's Meeting held the third Monday of every month at 7:00 p.m. Appeals received less than 14 days prior to the next scheduled meeting, will be heard at the following month's meeting".
(n) 
In Section 302.4 of the Code, delete "(jurisdiction to insert height in inches)" and replace with "10 inches".
(o) 
In Section 304.14 of the Code, delete "[DATE] to [DATE]" and replace it with "May 15 to October 15".
(p) 
In Section 602.3 of the Code, delete "[DATE] to [DATE]" and replace it with "October 1 to May 1".
(q) 
In Section 602.4 of the Code, delete "[DATE] to [DATE]" and replace it with "October 1 to May 1".
(r) 
Insert the words "the Board of Supervisors of the Township" in place of the words "[THE GOVERNING BODY]" in all relevant sections of the Code.
(s) 
Delete all references to "[THE BUILDING OFFICIAL]" throughout the Code, and replace it with "Property Maintenance Code Official".
(t) 
Delete all references to "[THE GOVERNING BODY]" throughout the Code, and replace it with "the Board of Supervisors".
[Ord. 236A, 6/21/2004, § 6]
Nothing in this Part or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part.
[Ord. 236A, 6/21/2004, § 6]
If any sentence, clause, section or part of this Part is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Part. It is hereby declared as the intent of the Board of Supervisors of the Township that this Part would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.