LAW OFFICES BROUGHAL & DEVITO, L.L.P. 38 WEST MARKET STREET BETHLEHEM, PENNSYLVANIA 18018-5703 JAMESI L.E BROUGHAL LEOVI DEVITO, JR. JOHN S. HARRISON JAMESE F. PRESTON* LISA A. PEREIRA" ERIKA A. FARKAS ANTHONY GIOVANNINI, JR. "ALSOT MEMBERI NEWJ JERSEY BAR VIA E-MAIL Bethlehem Press Attn: Legal Advertising P.O.) Box 239 Lehighton, PA 18235 TELEPHONE 865-3664 (610) FAX 865-0969 (610) E-MAIL lnymehughaiderincn wwwbrowglaldewio.com WEBSITE March 13, 2024 RE: Hanover Township- Legal Notice Amendment to. Zoning Onlnance-APHED- Conditional Uses To Whom It May Concern: Attached please find al Legal Notice tol bes advertised in your periodical on Wednesday, March 20, 2024 and Wednesday, March 27, 2024. Please send proofo ofpublication and thei invoice to: Hanover Township ATTN: KimberlyLymanstal, Secretary 3630. Jacksonville Road Bethlehem, Pennsylvania 18017 Also, attached is a certified copy oft thej proposed Ordinance for your records. Should you have any questions, please do not hesitate to contact me, Thank you for your assistance in this matter. Very.tmlyypurs, E2 JLB/tms Enclosures c: Susan Lawless, Esquire, Chairperson, Board of Supervisors, Hanover Township (via email; w/attach.) Tracy) Luisser, BCO, Zoning Officer, Hanover" Township (via email; w/attach.) Kimberly Lymanstall, Secretary, Hanover Township (via email; w/attach.) Brien Kocher, P.E., Hanover Engineering Associates, Inc. (vie email; w/attach.) Jim Milot, Hanover Engineering Associates, Inc. (via email; w/attach.) ORDINANCENO.24 AN ORDINANCE OF THE) BOARD OF SUPERVISORS OFTHE TOWNSHIP OF) HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTI OFI PENNSYLVANIA. AMENDINGTHE TOWNSHIP OF HANOVER'S CODE OF CODIFIED ORDINANCES, CHAPTER 185 ZONING; ARTICLE VII EMPLOYMENTDISTRICIS; $185-38 REGULATIONS APPLICABLETO AFHBD. AIRCRAFT FLIGHTPATH HIGHWAY. BUSINESS DISTRICT; SUBSECTIONI E, CONDITIONAL USES, TO. AMEND CERTAIN CONDITIONAL USES WITHINTHE. AFHBD ZONING. DISTRICT; AND, ARTICLE) XIV ZONING HEARING BOARD; $185-54 CONDITIONAL USES; SUBSECTION E: SPECIFIC STANDARDS FOR CONDITIONALUSES, TO AMEND CERTAIN SPECIFIC! STANDARDS; AND, REPEALING ALLORDINANCES ORI PARTS OF ORDINANCES INCONSISTENT WHEREAS, The Supervisors of Hanover Township, Northampton County, Pennsylvania, under thej powers vested int them by the "Second Class Township Code" of Pennsylvania, thel Pennsylvania Municipalities Planning Code 531 P.S. S 10101, et seq., as well as other] laws ofthe Commonwealth ofPennsylvania, dol hereby enact and ordain the following HEREWITH. amendments to thet text oft thel Hanover' Township Zoning Ordinance; and NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Board of Supervisors ofHanover' Township, Northampton County, Pennsylvania as follows: SECTION 1. Chapter 185. Zoning; Article VIII. Employment Districts; $ 185-38. Regulations applicable to AFHBD Aircraf Flightpath Highway Business District Purpose; Subsection. E. Conditional Uses; Parenthetical cleven (11) Warehouse and storage facilities in excess of25%ofu thes square footage ofthel buildingi is deleted ini its entirety andi replaced as follows: "(11) Warehouse and storage facilities as an accessory use to store supplies utilized in the manufacturing: process on site or finished goods manufactured on site in excess of25% oft thes square footage oft thel building but not greater than 50% ofthes square footage oft thel building." SECTION2. Chapter 185. Zoning; Article XIV. Zoning Hearing Board; $185-54. Conditional Uses; Subsection E. Specific standards for conditional: uses; Parenthetical four (4) Warehousing and storage uses in excess of2590 of the square footage in a building is deleted in its entirety andi replaced as: follows: "(4) Warehousing and storage facilities as an accessory usei in excess of25% oft the square footage: in al building but not greater than 50% oft the: square footage oft the building. (a) Fencing and/or screening shall bej provided ift this use is within 300: feet of an existing residential dwelling unit or residential district toj protect the residential land uses and pedestrians and children from litter, noise and lighting. (b) Thel building design and sitel landscaping shall be provided in such a way as to reduce the appearance oft thel building as a warehouse or storage building. (c) Thei number oftruck loading docks shall be: minimal. (d) Any warehouse or storage use shall be accessory to the permitted manufacturing use oft the site and for the storage ofs supplies utilized in thei manufacturing process ort the finished goods manufactured on site." SECTION3. All Ordinances and parts of Ordinances inconsistent herewith arel hereby repealed. SECTION4. Thej provisions oft this Ordinance shall be severable and: if any provision thereof shall be declared unconstitutional, illegal or invalid, such decision shall not affect the validity of any oft ther remaining provisions oft this Ordinance. Iti is hereby declared as a legislative intent oft the' Township that this Ordinance would havel been enacted had such unconstitutional, illegal ori invalid provision(s) notl been included herein. SECTION5. This Ordinance shall become effective within five (5) days of enactment. ENACTED AND ORDAINED at ai regular meeting of the] Board of Supervisors oft the Township ofHanover, County of Northampton on this day of 2024. ATTEST: BOARD OFS SUPERVISORS, ANOVERIOWASIE, NORTHAMPTON COUNTY, PENNSYLVANIA By: By: KIMBERLY LYMANSTALL, Susan A. Lawless, Esquire, Chairwoman Secretary Ihereby certify that the withini is at true and correct copy ofthe proposed Ordinance tol be adopted by the Hanover Township) Planning Commission on April 9, 2024. James] Solicitor KL Hanover Township, Northampton County HOLDHARMLESS BPANICATOMAGININT h THIS AGREEMENT, made this 22 day ofR-ARC 2024, by and between HANOVER TOWNSHIP, a second class township of Northampton County, Pennsylvania, with an address at 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 ("Township") and BROOKE TESCHE adulti individual residing at 4602 Kathi Dr, Bethlehem, Hanover Township, Northampton County, Pennsylvania, 18017 ("Owner"). RECITALS A. Owner proposes to install ai fence (the "Structure") on the property located at 4602 Kathi Dr, Bethlehem, Pennsylvania also know as tax parcel number M6NW4-12-9-0214 (the" "Premises"). B. A plot plan of the Premises and the proposed location of the Structure is attached as Exhibit"A". C. The proposed Structure will encroach into the ten (10) foot Drainage and Utility Easement in the side yard and the ten (10) foot Drainage and Utility Easement in the rear yard located on thel Premises (the "Easement"). D. In order to place the Structure within the Easement, the Owner needs the permission of the Township. The Township is willing to consent to the placement of the Structure in thel Easement, upon satisfaction by Owner oft the conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, AND INTENDING TO: BE LEGALLY BOUND, the parties hereto agree as follows: AII"RECITALS" arel hereby incorporated by reference as ift the same The Township hereby agrees to consent to the placement of the 1. were fully set forth here. 2. Premises upon the satisfaction oft the conditions set forth below. As ac condition for approval and consent by the Township as set forth Structure in thel Easement ofthel 3. inj paragraph 2 above, Owners, fori themselves and their heirs, successors, executors, hereby agree to hold the Township harmless and indemnify the administrators and assigns, Township from and against any and all claims, actions, damages, suits, expenses (including liabilities and the like, inl law or in equity, and of any kind and nature, in attorney's 's fees), connection with loss injury and/or damage to property to any person arising associated with or caused by Owners' placement of or oflife, personal from or in any way, directly or indirectly, ofthe Structure in thel Easement oft thel Premises, including, but not limited to, loss injury and/or damage to property caused by thei improper construction and/or the existence oflife, personal maintenance ofthe Structure. 4. In the event the Township isi made aj party to any litigation commenced the Owners in connection with thej placement of or the existence oft the Structure, fees incurred or paid by the Township in connection with any such litigation. by or against then the Owners and attorney's shall protect and hold harmless the Township and shall pay all costs, expenses, gpssswah.inae 2 5. Thej parties hereto acknowledge and agree that the' Township's consent is conditioned upon the consent to the placement oft the Structure by any and all utilities utilizing thel Easement. 6. The parties hereto acknowledge that this Agreement is conditioned of adjacent landowners as to thej placement oft the upon Owners obtaining thej permission structure, as may be required under the current' Township Ordinance. 7. Thej parties hereto acknowledge that the Township retains discretion to the removal oft the Structure, in whole or inj part, from the easement oft the Premises if, in require the sole opinion oft the" Township, the structure interferes with drainage on the Premises or on the Property ofsurrounding landowners. Owners, their heirs, successors, benefit of the' Township. 8. This. Agreement shall: run with thel land and shall bel binding upon the executors, administrators and assigns, and shall inure to the 9. This Agreement, or any part thereof, shall not be construed against any hereto, due solely to the fact that the Agreement, or any part thereof, was drafted by such party party. 10. Owners shall immediately upon request pay all Township costs in connection with the Owners' request, including, but not limited to, attorney's fees, engineering fees and administrative expenses. bhymwasa-i.ie 3 WHEREOF, thej parties hereto have set forth their hands and seals INV WITNESS on the date first above written. HANOVER TOWNSHIP, Northampton County, Pennsylvania, a second class township ATTEST: By: By: SUSAN A LAWLESS,ESQ, Chair Board of Supervisors WITNESS: By: Tesche BtookeT 2ooku By: ublymmsasa-iande COMMONWEALTH OF PENNSYLVANIA COUNTY OFI NORTHAMPTON ONTHIS, the Notary Publici in and for the said County SUSAN ALAWLESS, ESQ who acknowledged! thei foregoing instrument for the purposes therein contained by ) )ss: ) 2024, before me, the subscriber, a day of and State, the undersigned officer, personally appeared himselftol be the Chair oft thel Board of authorized to dos SO, executed Supervisors ofHanover Township and that she as such Chair, being signing the name oft the corporation byl himselfas Chairman. IN) WITNESS WHEREOE,Ihavel hereunto set myl hand and official seal. NOTARY PUBLIC COMMONWEALTH OFI PENNSYLVANIA COUNTY OFI NORTHAMPION ) )ss: ) of_ Movch 2024, before me a notary public, the BROOKE TERSCHE, known to me (or satisfactorily ONTHIS, the aa dayo proven) tol bet thej persons whose names ares undersigned officer, personally appeared subscribed tot the within instrument, and acknowledged that they executed the same: for thej purposes therein contained. INI WITNESS WHEREOF, Ih hereunto set myl hand and official seal. SD NOTARYPUBLIC Commonwealth ofF Pennsyivania NotaryF -Notary Public Seal Jennifer Quinde, LehighCounty Myc commissione epiesMays.3027 1351892 Commissionf number1 Association of Notaries Member, Pennsylvania ypwsah.manee 5 Lot.24 Blockl B" Lot 25 Block "B" 411 93 5827'55 90.00'M 411 411 Orainage & Utilly Eosement 18.33 Deck 20.33" BRL BRL 10" Cfawl 360B 126 Gar. 390 412. 29.00' Top Fdn! FEL.412.00 4.00 10". ap & a M Draingge lo 10 N 5827'55" W 90.00 KATH DRIVE 57 C MAR 04 2024 OVER TOWM L mTTmT SESESLLEEEE wanai BEBDEE HBBDBG s 5A OKLAHOMA with CLOSED SPINDLET TOPPER I OKLAHOMAV with OLDE ENGLISHLATTICE 11127 Topper mmmlll M mmmmm TULuN mmmpme mmr mT OKLAHOMA1 with STEPPED: SPINDLE TOPPER I OKLAHOMA with SCALLOPED OPENS SPINDLET TOPPER 12Tone SEMI-PRIVACY STYLES I SOUTH DAKOTA allowl anda airt top passt through the fence ands givey your) yard an open, yet private feel. Semi-Privacy! Styles and Colorado! lightz Our South Dakota can stand ont their own, or with one of our topper designs. Styles The Semi-Privacy: styles are available in heights ranging from: 3t to 8f feet. IL SOUTHDAKOTA I2Tone SOUTH DAKOTA) with SCALLOPED CLOSEDS SPINDLETOPPERI Shgh DUDLEEALE FENEE SOUTHDAKOTAV withs SCALLOPED OPEN SPINDLET TOPPERI 1MM INEPSTATE ENDLESS POSSIBILITIES. HOLD: HARMLESS INDEMNIFICATION, AGREEMENT THIS AGREEMENT, made this 33 day of 03 2024, by and between HANOVER TOWNSHIP, a second class township of Northampton County, Pennsylvania, with address at 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 ("Township") and LAUREN TAYLOR ECKHART AND JUSTIN. STEVEN WEAVER adult individuals residing at 1176 Granite. Dr, Bethlehem, Hanover Township, Northampton County, an Pennsylvania, 18017 ("Owner"). RECITALS A. Owners propose to install ai fence (the "Structure") on the property located at 1176 Granite Dr, Bethlehem, Pennsylvania also know as tax parcel number M6-23-4Z-0214 (the' "Premises"). B. A plot plan of the Premises and the proposed location oft the Structure is attached as Exhibit"A". C. The proposed Structure will encroach into the twenty five (25) foot D. In order. to place the Structure within the Easement, the Owners need the of the Township. The Township is willing to consent to the placement of the Drainage and Utility Easement in the rear yard located on the Premises (the "Easement"). permission Structure in thel Easement, upon satisfaction by Owner of the conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual promises and contained herein, AND. INTENDING TO: BE LEGALLY BOUND, the parties hereto covenants agree as follows: 1: All RECITALS" are hereby incorporated by reference as ift the same The' Township hereby agrees to consent to the placement ofthe were fully set forth here. 2. 3. Structure: int thel Easement ofthel Premises upon the satisfaction oft the conditions set forth below. As a condition for approval and consent by the Township as set forth inj paragraph 2 above; Owners, for themselves and their heirs, successors, executors, administrators and assigns, hereby agree tol hold the Township harmless and indemnify the Township from and against any and all claims, actions, damages, suits, expenses (including attorney'sf fees), liabilities and the like, inl law or in equity, and of any kind and nature, in connection with loss oflife, personal injury and/or damage to property to any person arising from or in any way, directly ori indirectly, associated with or caused by Owners' placement ofor the éxistence oft the Structurei int the Easement oft the Premises, including, but not limited to, loss oflife, personal injury and/or damage to property caused by the improper construction and/or maintenance oft the Structure. 4. Int the event the' Township is made aj party to any litigation commenced the Owners in connection with the placement of or the existence oft the Structure, by or against then the Owners shall protect and hold harmless the Township and shall pay all costs, expenses, and attorney's fees incurred or paid by the Township in connection with any such litigation. besia-i.nde 2 5. Thej parties hereto acknowledge and agree that the Township's consent isc conditioned upon the consent to thej placement oft the Structure by any and all utilities utilizing thel Easement. 6. The parties hereto acknowledge that this Agreement is conditioned Owners obtaining the permission of adjacent landowners as to the placement oft the upon structure, as may bei required under the current Township Ordinance. 7. Thej parties hereto acknowledge that the' Township retains discretion to the removal oft the Structure, in whole ori inj part, from the easement of the Premises if, in require the sole opinion oft the Township, the structure interferes with drainage on the Premises or on the Property ofsurrounding landowners. Owners, their heirs; successors, benefit ofthe Township. 8. This Agreement shall run with thel land and shall bel binding upon the executors, administrators and assigns, and shall inure toi the 9. This Agreement, or any part thereof, shall not be construed against any hereto, due solely to thei fact that the Agreement, or any part thereof, was drafted by such party party. 10. Owners shall immediately upon) request pay all Township costs in connection with the Owners' request, including, but not limited to, attorney' s fees, engineering fees and administrative expenses. emshail.i.aae - 3 IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals on the date first above written. HANOVER TOWNSHIP, Northampton County, Pennsylvania, a second class township ATTEST: By: By: SUSANALAWLESSESO: Chair Board of Supervisors WITNESS: OCc By:. Lauren' TaytorEckhart SDP 3865 By: Justin Steven Weaver AaShulln bhymia-iaie 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OFNORTHAMPTON ONTHIS, the )ss: ) day of 2024, before me, the subscriber, a Notary Publici in and for the said County and State, the undersigned officer, personally appeared SUSAN Al LAWLESS, ESQ who acknowledged himselftol bet the Chair oft the Board of Supervisors ofHanover Township and that she as such Chair, being authorized to do sO, executed the foregoing instrument for thej purposes therein contained by signing the name ofthe corporation by himself as Chairman. IN WITNESS WHEREOE,Ihavel hereunto: seti my hand and official seal. NOTARY: PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OFI NORTHAMPION ) )ss: ) ON THIS, the 3 dayof Mach 2024, before me al notary public, the undersigned officer, personally appeared LAURENTAYLORI ECKHART AND JUSTIN STEVEN WEAVER, known to me (ors satisfactorily proven) tol bet thej persons whose names are subscribed to the within instrument, and acknowledged that they executed the same: fort thej purposes therein contained. INI WITNESS WHEREOE, I hereunto set myl hand and official seal. Commonwealth of Pennsylvania- Cardona, NotaryP Notarys Public Seal Francheskal Enid Lehigh County Mycommisionexpiress September1 1,2024 Commissiont number 1377097 Member, Pennsylvania Associations of Notaries FRE pwmwahaaiande 5 PLOT PLAN Outlinet thes shape oft the building lot, show dimensions, and! locatel NORTH point. Outline! building to! be constructed, designate sidey any other building on thes same Plota andi indicate existing orp proposed uses, show dimensions, show set back offronty yard, reary yard, and: yards, Plot. alsol locate watera ands sanitary services. Identify property from deed. Also show and designate any right-of-way or easement on this Plot plan can! be prepared on a separate sheet asl longa ast the: above requirements: are met. NDRTE PHATN line prperty NAT 1 - js Tale C SED Smnclant 4 Sinqlc gale 8' doube goiR hov2 existsi int thef fieldi fori thel location oft this lota and its boundaries including the street line and plot plan above, or Satisfactory evidence attached, satisfactorily indicates plot Registered Surveyor. described.Toi insure thel location oft the lot, the Building Inspector mayr require al lots survey bya DECEIME 2024 Administrator or Building! Inspector required for Buiiding Permiteny,2 Signature ofZoning Ther municipality assumes nor responsibility: for grade ofs street unless such grade has been esabbnedmotsrgepss HANOVER TOWNSHIP Revised 12-08 BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 March 26, 2024 To: Board of Supervisors Kimberly Lymanstall Barbara Baldo Brian Dillman Jesse Chupella Ted) Lewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA RE: Zoning Petition: 24ZHB03 Applicant: Denholtz 1550 Valley Center Parkway LLC Property location: 1550 Valley Center Parkway Zoning District: PORR-Planned Office, Research and Residential Enclosed is a copy oft the application received March 26, 2024, requesting relief from the ordinance ini regards to The next meeting is tentatively scheduled 7:001 PM' Thursday, April 25, 2024. Notice ofHearing to follow. regulations of permitted and prohibited uses in thel PORR. Traoy Lwisser ZATOR LAW AMERICAN HERITAGE BUILDING 4400 Walbert Avenue at Ridgeview Drive Allentown, Pennsylvania 18104 Ph:6 610.432.1900 F:610.432.1707 izator@zatorlaw.com March 25, 2024 HAND DELIVERY Zoning Hearing Board clo Tracy Luisser Zoning Officer 3630. Jacksonville Road Bethlehem, PA 18017-9302 RE: Zoning Appeal www.zatorlaw.com ATTORNEYS AND COUNSELORS AT LAW Joseph. A. Zator II Andrew D. Hoffman Jennifer R. Alderfer Marissa R. Harper OF COUNSEL Paul D. North,Jr., PE. Thomas L. Harper Hanover" Township, Northampton County Denholtz 1550 Valley Center Parkway. LLC Dear Board Members and Ms. Luisser: This Firm represents the property are 15 copies of the following: owner/Applicant with respect to 1550 Valley Center Parkway. Enclosed. 1. Completed, signed and notarized ZHB Petition. submission fee amount of$1,000.00 2. Check payable to the' Township for the required information about this Petition for the requested zoning 4. Nine Exhibits which provide required information Those per Exhibits are itemized in the enclosed 3. Zator Law Memorandum, which provides interpretation, and ini the alternative, a variance. additional information relevant to this appeal. the "instructions to applicant" along with Memorandum. manner as I will incorporate them as part oft thel list of Exhibits with Exhibit A-21 becausel Ianticipate thel Petition form Ihave labeled the Exhibits in the foregoing fort thisl hearing. Ihave started thei foregoing labeling itselfbeing Exhibit A-1. Board Agenda for a hearing at the Board We request that this matter be placed on the Zoning Hearing meeting of April 25. Thank you. gE DECEIVED MAR 26-2024 HANOVER TOWNSHIP JAZ:jlw Enclosures (01159506) CC: Greg Brown, Chief Operating Officer (via email) Kristine B. Hurlbut, Senior Vice President (via email) HANOVER TOWNSHIP, Northampton County 3630 Jacksonville Rd, Bethlehem PA 18017 Phone 610-866-1140 Fax 610-758-9116 PETITION order to be acted byt the Zoning Hearing Board must be fully completed in accordance Failure upon! to dos SO will result ina a denial oft the Petition without refund of your filing NOTICE: This Petition, in with the' 'instructions to applicant." Application is made this 22nd day of March fee. 2024 PROPERTY INFORMATION (location and existing conditions for whicho as specialpermiti is being applied): of for whicha as special permit is requested: 1550 Valley Center Pkwy, Bethlehem, PA 1. Address property 2. Tax Parcel No.: 3. Current Zoning Classification:, 4. Thel Dimension oft the land area are:. 5. The real estate contains NS-1-14-0214 PORR See attached information RAMARRERRkX acres (per County Assessment) 4.56 6. Ther real estate in question is presently classified under thel Hanover Township Zoning Ordinance as: Planned Office, Research and Residential (a)T The real estate is presently used for the purpose of: Vacant commercial building previously a charter school (b) and contains buildings parking, landscaping, signage and other improvements consisting of (if reale estate is vacant land, so note): II. OWNERI INFORMATION Denholtz 1550 Valley Center Parkway LLC Telephone (732)388-3000 1. Owner of property: (all parties tot the title must be listed, attach additional page ifneeded) Address 116 Chestnut Street, Suite 102 Red Bank, NJ 07701 III. APPLICANTI INFORMATION (herein afterk knowno att the "Petitionerl LLC (732) 388-3000 Denholtz 1550 Valley Center Parkway Telephone. 1. Applicant ("Petitionerls)") (allp parties must be listed, attach additional page ifneeded) Address 116 Chestnut Street, Suite 102 2. Petitioneri is the (check one ormore) 3. Attorney representing Petitioner/S): 4. Petitioner: (check appropriate action) Red Bank, NJ 07701 Occupant Agent for: AmericanHeritage other: Vowner Address Joseph A. Zator II, Zator Law Telephone (610) 432-1900 Building, 4400 Walbert Ave. at Ridgeview Dr. Allentown, PA 18104 Administrator, or other township Official; or Hereby appeals from the decision of the Zoning Hereby applies for az pezabexceptor permit, or variance, from thet Hereby applies for: zoning ordinance interpretation Zoning Administrator or other Township Ord. Sections 185-36 D(3), 185-36 F(4), terms of thez Zoning Ordinance; or makes application from the order, requirement, decision or determination of the 5. Petitioner appeals or Official made on. March 8 2024 - which was as Denial letter (attached) cites to zoning follows: (quote, ori ifinsufficient: space, attach and 185-36 additional F(5) page). of the Hanover Township Zoning Ordinance. or other relief should be granted as herein requested under 6. Petitioner claims that the variance, exception, Zoning Ordinance. (cite all sections supporting your the following sections of the Hanover Township position, or releyanti tot the consideration of your Petition). 185-36G(3) and all other relevant sections necessary toj provide approval Sections 185-36D(3), 185:36F4),185-36F6) of the proposed use. See accompanying) Memorandum. andt the new improvements desired to! be made as follows: 7. The variance or exception requested: (a) Building(s) to be erected:, N/A existing building N/A cosmetic and internal (building code matters and not zoning (b) Building(s) tol be changed: matters) (c) Building(s) tol be used for: Seea AtachedMemorandum. sketches and other exhibits attached hereto are made a part hereof. Please include 8. Thep plot plan, drawings, 220 copies of the petition anda all these attachments. Conditional Use or other relief requested should be granted for1 thef following reasons: (attach additional sheet ifr necessary) Township Zoning Ordinance andi is aware that the Ordinance provides for penalties for violations ofi its provisions. not have to consider any application. until all information requested by the Board of Supervisors is submitted from by the date of the initial Board of Supervisors information is not submitted int full within twenty (20) days without prejudice to the applicant. Hearing, thent the Board may deny such application, with or Hearing Board, and leave to submit additional 12. Wherever additional information is requested by the Zoning Hearing Board, theni in consideration ofthe information iss specifically granted by the chairman of thez Zoning conclusion oft the hearing, the Petitioner agrees to extend thet time for consideration of the application by the Zoning thes same number of days which the Zoning date of decision specified in any Ordinance oft the Township, byt failure on the part of Petitioner to submit 9. Petitioner believes that the exceptions, variance, 10. Petitioner agrees to comply with all provisions of the! Hanover 11. The Petitioner further acknowledges that the Board does said applicant, andt that in the event this Board's forbearancei in notr refusing the application at the Hearing Board's consideration of the Petition was delayed by Board for the number of days after the additional information requested. NOTE: All Petitioners must sign atl least one must signi int the presence ofa a person capable administering an oath (see! belowy Denholtz 1550 Valley Center Parkway LLC MWELEAN Greg Brown Petitioner of (SEAL) (SEAL) (SEAL) (SEAL) must! bet taken before al Notary Public or other appropriate official by one of the NOTE: Thef following affidavit Petitioners. FORI NDVDUALPETTIONERS COMMONWEALTH OFI PENNSYLVANIA )ss: COUNTYOF ONTHIS, the personally appeared, day of 20 before me, whose name_ (is)(are) thet undersigned officer, subscribed to the within instrument, and known to me (or satisfactorily proven) to be the person_ acknowledgedi that he_ executed the same for thej purposes therein. INW WITNESS WHEREOF, Ihereunto set my hand and official seal. (SEAL) Signature oft the Petitioner taking affidavit Sworn to and subscribed before me This dayof 20_ NOTARY PUBLIC FOR CORPORATE PETITIONERS: COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lehigh )ss: ONTHIS, the22nd day of_ March personally appeared,. Greg Brown who acknowledged himself to be the eerperationl by! him selfas its authorized representative 2024, before me, WENDY S SCHALTER the undersigned officer, representative authorized representative ar-eerperaten, and that he as such of being, authorized to do SO, executed the foregoing instrument for the purposes therein contained by signing the name of theLLC Denholtz 1550 Valley Center Parkway LLC, al limited liability company, INWITNESS WHEREOF, Ihereuntos set my! hand and official seal. SEL SIGMAREN PRIOEEAPIGE Signature of the Petitioner taking affidavit Sworn to ands subscribed before me This 22nd day of March_ 2024 TApa Commonwealth ofF Pennsylvania- Notary Seal Wendys. Schalter, Notary Public Lehigho County Mycommlsionexpires! December: 30, 2024 Commission: number 1246925 Member, Ponnaylvanla Assoclation of Notaries ZATOR LAW www.zatorlaw.com MEMORANDUM TO: FROM: DATE: RE: Zoning Hearing Board Joseph. A. Zator II, Esq. March 25, 2024 Hanover" Township, Northampton County Zoning Appeal of] Denholtz 1550 Valley Center Parkway LLC Dear Board Members, connection with the Zoning Hearing Board Appeal Petition of the This Memorandum is being submitted in property owner of 1550 Valley Center Parkway. Along following Exhibits are enclosed: with this Memorandum and the Petition form, the Exhibit A-2: Deed to Subject Property Exhibit. A-3: County Assessment Information Exhibit A-4: ALTA Survey of Subject Property Exhibit A-6: GOOGLE Aerial Map (2 sheets plus enlargement ofbuilding as a third sheet) Exhibit A-5: 500 ft. and 1001 ft. County Buffer Search Maps (2 sheets) Exhibit A-7: March 8, 2024 Zoning Officer Denial Letter Exhibit A-8: Bronkhorst letter- March 22, 2024 (Light Assembly) Exhibit A-9: Four Photos - current location/operation - use A. Background and Explanation of] Proposed Use Denholtz Properties has recently is at 57 South Commerce Way. Another Bronkhorst currently repairs impact operation. The Zoning acquired multiple properties located in Hanover Township. One of them is the property that is the subject of this hearing, 1550 Valley Bronkhorst Inc. At that location, USA, has been Center Parkway. Denholtz's tenant at 57 South Commerce Way is successfully at South Commerce Way for approximately years. and recalibrates mass flow meters and controllers. That use operating 16 Iti is a low profile, unobtrusive, safe, no- Officer has out that the project architect in 2006 for the Bronkhorst South Commerce manufactures liquid flow meters and controllers. She therefore has pointed Way facility stated that Bronkhorst understandably suggested that the current/proposed use is a manufacturing operation. For reasons unknown but it is not correct. Bronkhorst tol Bronkhorst, that characterization by the architect was submitted in 2006; Bronkhorst has been repairing has not manufactured flow meters or control meters at that location. Rather, (01159467v2) ZATOR LAW Bronkhorst manufacturing is and has been performed in Europe, and iti is and calibrating them only. The misunderstood that fact in 2006. believed that the architect likely Bronkhorst would like to relocate now move its device assembly operation Township. This would bring additional employment Ito only makes sense for Bronkhorst to expand instruments. The same calibration function of its existing operation and significantly expand it to become all new devices produced by Bronkhorst are assembled predominantly a light assembly facility. Currently, to customers int the United States. Bronkhorst would like to at facilities in Europe and are shipped complete for U.S. customers to Valley Center Parkway in Hanover opportunities to Hanover' Township. into assembly if the synergies with its repair and South Commerce Way facility, Bronkhorst would recalibration operation can coexist. As with the existing with bottled H2 (hydrogen), N2 (nitrogen) and He intend to have on site, a compressed air system along (bottles/canisters), and are used for calibration of the (helium). These gases are stored in small quantities Bronkhorst at South Commerce Way today will be used for Center Parkway. The current operation is not both that operation and its light assembly operation at Valley manufacturing either. manufacturing, and the proposed integrated operation is not assembly, function is one of building a complete instrument from new parts/components The proposed function may or may not require new parts to be shipped to the facility. The current repairicalibration location is customary in the industry. The parts used for used. These two functions being integrated at one similar, as are the processes. If a defective part in the both the repair and assembly are the same or would be repaired, whether it be by replacement part assembly process is detected, the assembled product and the repair function are not only similar, but in or physical repair. In this way, both the light assembly Additionally, the calibration aspect is identical part, identical. The operations are synergistic and overlap. for both assembly and for repair. assembly operation is set forth on a letter from the A more thorough explanation of the anticipated light That letterincludes a photograph oft the finished product Bronkhorst USA General Manager at Exhibit A-8. tol be assembled (ori repaired). Also, it is noted that less finished equipment/devices: than 20% of the space at the new facility will be used for storage/warehousing. such storage is necessary for incoming parts/components and for As with any light assembly intended: facility, for shipment to customers. B. Compliance with "General Instructions" Items Paragraph numbers in this Section below correspond to paragraph numbers of the ZHB "General Instructions" form. Paragraphs 1,2,5-11) Paragraph 3 proof of title indicating the Petitioner as the information at] Exhibit A-3. (01159467v2) require no response. Paragraphs 3 & 4 are addressed below. is demonstrated by Exhibit A-2, the current deed to the subject property Owner. This information is corroborated by the County Assessment 2 ZATOR LAW Paragraph 4 -1 the following information accompanies this application: a. Filing fee of $1,000.00 has been provided with this application. b. The lot involved with its dimensions, lot number and subdivision name, if any. Tax Parcel No.: N5-1-14-0214 (See Deed -] Exhibit A-3) C. Names and widths of all abutting streets. Street: Valley Center Parkway (See ALTA Survey) Address: 1550 Valley Center Parkway, Bethlehem, PA Subdivision: Lot#13 ofLehigh Valley Corporate Center Width: 80' including ROW Cartway and 63' w/o ROW Cartway d. Locations, dimensions and uses of any existing structures on lot involved. Location: 1550 Valley Center Parkway, Bethlehem, PA (Lot#13) Dimensions: 41,755 sq. ft. (building is generally rectangular but with irregular dimensions; see. ALTA Survey) Prior Use- - Charter School/Academy; space currently vacant dimensions and use ofs structure requested and distance from building to lot e. Locations, proposed lines and to other buildings on the same lot. Location: 1550 Valley Center Parkway, Bethlehem, PA (Lot #13) Dimensions: 41,755 sq. ft. (See 4.d. above) There are no other buildings on1 this lot. (See ALTA Survey-WD#1159511) Proposed Use: See Section A above Distance tol lot lines from building: Front-142.3'; Rear-149.1' West-49.3'; and East- Approx -108" f. Dimensions of all yards in relation to thej proposed structure or use. Dimensions: Front-50 Setback; Rear-40' Setback; West-40' Setback; and Bast- 40' Setback All minimum yard/setback requirements are met and are pre-existing (See ALTA Survey) Distance from any existing building or structure within fifty (50) feet. (01159467v2) 3 ZATOR LAW There are none within 50 ft. h. Provisions for off-street parking, number of cars capacity ofs such area. Parking Spaces: 97 spaces, including 41 handicapped spaces (See ALTA Survey) i. Ifinvolved, accurate location of well and/or sewage or waste disposal systems; location and of other wells and drainage or sewage systems if within one hundred (100) feet. Detailed Septic Layout required ifa application is for approval of Septic or Waste Disposal System. N/A -1 public water and public sewer affected and within one (100) feet not on the mailing addresses ofall owners oft these properties. within five hundred (500) feet on the same road as the property j. As sketch showing all properties same. road and indicate clearly the names and See 500 ft. and 100 ft. Buffer Search Maps from County at Exhibit A-5. Names and mailing addresses of all owners within those radii per General Instructions, copied from County Assessment records: Buffer Search: 500 ft. Parcel ID: N5 11 15 0214 Occupant: DENHOLTZ 1560 VALLEY CENTER PARK... 116 CHESTNUT ST SUITE 102 REDI BANK NJ 07701-1271 Parcel ID: N5 11 13 0214 Occupant: OC1LLC 1883 JURY RD PEN ARGYL PA 18072 Parcel ID: N5 11 12 0214 Occupant: 1510 VALLEY CENTER PKY LP C O PENNCAP PROPERTIES 559 MAIN ST STE 300 BETHLEHEM PA 18018 Parcel ID: N5 11 14 0214 4 (01159467v2) ZATOR LAW Occupant: DENHOLTZ 1550 VALLEY CENTER PARK... 116 CHESTNUT ST STE 102 REDI BANK NJ 07701-1271 Parcel ID: N5 19 0214 Occupant: 1605 VCP LLC 290 DAVIDSON AVE SOMERSET NJ 08873-4145 Parcel ID: N5 111 0214 Occupant: 1525 VALLEY CENTER PKY LP C O PENNCAP PROPERTIES 559 MAIN ST STE: 300 BETHLEHEM PA 18018 Parcel ID: N5 116 0214 Occupant: 1640,1650,1660 VALLEY CENTER PKY LP C O PENNCAP PROPERTIES 559 MAIN: ST: STE: 300 BETHLEHEM PA 18018 Buffer Search: 1001 ft. (WD# 1158252) Parcel ID: N5 115 0214 Occupant: DENHOLTZ 1560 VALLEY CENTER PARK... 116 CHESTNUT: ST SUITE 102 RED BANK NJ 07701-1271 Parcel ID: N5 111 0214 Occupant: 1525 VALLEY CENTER PKY LP C O PENNCAP PROPERTIES 5591 MAIN ST STE: 300 BETHLEHEM PA 18018 Parcel ID: N5 1 1 13 0214 Occupant: OC 1 LLC 1883 JURY RD PEN ARGYL PA 18072 5 (01159467v2) ZATOR LAW Parcel ID: M5SE3 143 0214 Occupant: SOSTAK BARRY 1625 KENWOOD DR BETHLEHEM PA 18017-2222 Parcel ID: M5SE3 144 0214 Occupant: GERHART TODD P & BETHANN 1615 KENWOOD! DR BETHLEHEM PA 18017-2222 Parcel ID: M5SE3 142 0214 Occupant: JEFFERY J & ERIN M 1635 KENWOODI DR BETHLEHEM PA 18017-2222 Parcel ID: N5 114 0214 REDI BANK NJ 07701-1271 Parcel ID: M5SE3 14 1 0214 Occupant: PRICE CHRISTOPHER RYAN 1675 KENWOOD DR BETHLEHEM PA 18017-2222 Parcel ID: N5 19 0214 Occupant: 1605 VCP LLC 290 DAVIDSON AVE SOMERSET NJ 08873-4145 PUKSZYN Occupant: DENHOLTZ 1550 VALLEY CENTER PARK... 116 CHESTNUT ST STE 102 C. Legal Analysis of] Request for Relief 1.The newly proposed light assembly operation is permitted by right. 6 (01159467v2) ZATOR LAW Section Ordinance Light includes the following as a use permitted by right in the PORR district: instruments, watches, clocks, photographic and optical goods o7 similar 185-36.D(3) assembly consisting of assembly ofi previously mamufactured components such as electronic devices, scientific however; the manyfacturing of and/or assembly of chemicals or chemical products, excepting The foregoing summary makes it clear that light assembly must be construed in favor of the Property new component oft the! Bronkhorst proposed use, it must be Int the alternative, a variance is1 requested. See below. 2. For several reasons, the' Way should be permitted at Valley by Bronkhorst. USA for assembly 16 repair/calibration operation over the past years assembled, except that the component parts had already Hanover Township for repair. In some cases that repairinvolved which the test and calibration would be performed. The foregoing is a seamless, integration part ofits proposed light assembly operation. The repair to the Board of Supervisors. components. Hours ofoperation. subject approval ofthe of the proposed use, particularly in light of the Bronkhorst letter at Exhibit A-8, is what is proposed for this site. Further, while we do not believe there Planning Code (MPC) is very clear that any ambiguity is any ambiguity on this point, the Municipalities Owner/Applicant. Accordingly, at least with respect to this characterized as assembly. light the existing repair/calibration function carried on at South Commerce Center Parkway site. assembly will involve assembling previously manufactured components purchased The production light and testing/calibration in Hanover Township. The existing has addressed the same pieces of equipment that will be been combined/assembled before coming to reassembling with new parts, following of functions with very little difference between them. operation could be characterized as Accordingly, Bronkhorst suggests that the existing repair/calibration function is customarily located with the assembly function int the industry. operation proposed by it is requested that the Board interpret the Ordinance such that the integrated Based on the foregoing, Bronkhorst is viewed as being permitted as a single light assembly use. In the alternative, a variance is requested. See below. Denholtz requests a variance to allow the proposed use for this location. form cites the MPC standard of Section 910.2. The form states that the Board may 3. In the alternative, The Township Petition that all oft the following findings are made where relevant: grant a variance provided circumstances or conditions, including irregularity, narrowness or 1. That there are unique physical topographical or other physical conditions peculiar shallowness of lot size or shape, or exceptional hardship is due to such conditions, and not the to the particular property, and that the unnecessary the provisions of the zoning ordinance in the circumstances or conditions generally created by neighborhood or district in which the property is located; 7 (01159467v2) ZATOR LAW Response: This is aj preexisting lot with aj preexisting building andi infrastructure. The issue before 2. That because of such physical circumstances or conditions, there is no possibility that the property be developed in strict conformity with the provisions of the zoning ordinance and that the can authorization ofa variance is therefore necessary to enable the reasonable use of the property; Response: This criterion is tied to the preceding criterion, andi is therefore similarly not relevant. the Board is one of use/occupancy. Therefore, this criterion is not relevant. 3. Thats such unnecessary hardship has not been created by the applicant; This criterion is tied to the preceding criteria, and is therefore similarly not relevant. Response: 4. That the variance, if authorized, will not alter the essential character of the neighborhood or district the appropriate use or inv which the property is located, nor substantially or permanently impair development of adjacent property, nor be detrimental to the public welfare; and no detriment to the public welfare. The proposed use is innocuous, as Nothing in the neighborhood or district will change and there will be no adverse Response: of There will be past impact, indeed no impact whatsoever on use or development adjoining demonstrated property. for the 16 years in the Township. will the minimum variance that will afford relief and will 5. That the variance, if authorized, represent issue. represent the least modification possible of the regulation in The only way this use may proceed is with a favorable interpretation or variance from Response: Board. It is the minimum variance that will afford relief. It is therefore, the least possible this modification of the ordinance requirement. D. Conclusion For the foregoing reasons this Valley Center Parkway site be it is requested that the Board conclude that the proposed use by Bronkhorst for characterized as assembly, and is therefore a permitted use. In the be be characterized light as accessory to the light should characterized as assembly, and it is integrated use. alternative, the newly proposed light assembly function requested that the use currently conducted at South Commerce Way to Section 185-36G(3). Finally, as light assembly use and therefore permitted as being customary pursuant allow the yet another alternative, it is requested that a variance be granted to proposed Respectfullys submitted, E Attoney for Owner/Petitioner 8 (01159467v2) Inst. # 2024000471 - Page 1 of 8 COUNTY OF NORTHAMPTON RECORDER OFI DEEDS NORTHAMPTON COUNTY GOVERNMENT CENTER 6691 WASHINGTON: STREET EASTON, FENNSYLVANIA 18042-7486 Area Code (610) 829-6210 Andreal F.Suter- - Recorder Dorothy. J.I Edelman-L Lead) Deputy Barbaral L.I Manieri Deputy RC 1C 3752 Book- 2024-1 Starting Page- = 4072 Total Pages- 8 NCGIS Registry UPI Certification On January 8, 2024 By SRM Instrument Number- - 2024000471 Recorded On 1/8/2024 At 11:14:26A AM *Instrument Type- - DEED Invoice. Number- 1075051 Grantor - 1550 VALLEY CENTER. PKYI LP User- MAHE Customer- FIDELITY! NATIONAL TITLEI *FEES STATE TRANSFER STATE WRIT TAX JCS/ACCESS TO JUSTICE RECORDING FEES AFFORDABLE HOUSING AFFORDABLE HOUSING ADMIN FEE COUNTY RECORDS IMPROVEMENT FEE DEEDS RECORDS IMPROVEMENT FEE UPI CERTIFICATION FEE $10.00 BETHLEHEM AREA SCHOOL REALTY TAX HANOVER TOWNSHIP TOTAL PAID G-amte-DENIOLIZI 1550 VALLEY CENTERI PARKWAY LLC PHILADELPHIA COMMERCIAL-1515 MARKE *RECORDED BY: $0.50 COMMERCIL-EENARKE $40.25 1700MARKETS STSTE2100 FALADEIPAPALPIBS TAX $22,444.44 FIDELITY. MAITOMLTTIETIAOTTNA $19.00 $14.02 $2.48 $2.00 $3.00 $11,222.22 $11,222.22 $44,980.13 CERTIFY that this document is) recordedi in the Ihereby Recorder'sOfice OfNorthampton County, Pennsylvania Q Butu Odns Andrea! F. Suter Recorder ofDeeds 2 CERTIFICATION PAGE THIS ISA Do Not Detach THIS PAGE IS NOW THE FIRSTPAGE OF THIS LEGALDOCUMENT OOJEOD Book: 2024-1 Page: 4072 andi may not bez reflected on this page. *-3 Information denoted! by: an: asteriskr may changed duringt thes verification process EXHIBIT A-3 Inst. # 2024000471 Page 2 of 8 SPECIAL WARRANTY: DEED Prepared by: Christopher J. Strom Eckert Seamans Cherin & Mellott, LLC Two Liberty) Place, 22nd Floor 50: South 16h Street Philadelphia, PA 19102 Return to: Fidelity) National Title Insurance Company 17001 Market Street, Suite 2100 Philadelphia," PA 19103 Attn: Kevin P.1 Diskin TAX PARCEL NO, N5-1-14-0914 This Indenture, made the 20th day ofDecember, 2023, Bffective date January. 3,2024, Between 1550 VALLEY CENTER PKY,LP,al Delawarel limited partnership (hereinafter called the Grantor), oft the one part, and DENHOLTZ1550 VALLEY CENTER PARKWAYLLC,: al Delaware limited liability company (hereinafter called the Grantee), oft the other part, Witnesseth, that the said Grantor for and in consideration of the sum of Two Four Thousand Four. Hundred Forty Four and 00/100 Dollars Million Two Hundred Forty oft thel United States of America, unto it well and truly paid by the said Grantee, at or before sealing and sold, released and confirmed, and by these presents ($1,244,444.00) lawful money the does grant, bargain sell, and delivery hereof, the receipt whereof is hereby acknowledged, has and granted, bargained release and confirm unto the said Grantee, in fee ALL THAT CERTAIN parcel of land known as Lot #13 of the Lehigh Valley Corporate Center situated in Hanover Township, Northampton County, plan oft the Lehigh Valley Daniel Cathers & Associates, Inc. Consulting Engineers and #20 of2,prepared! byF. Pennsylvania, dated July 10, 1987 and last revised boundedand described in accordance with and as shown on a certain Pennsylvania, Corporate Center entitled Finall Record Plat, sheets #1 & Architects, Malvem, September 15, 1987, as follows, to wit: Inst. # 2024000471 - Page 3 of 8 BEGINNING at an iron pin, said iron pin being the intersection of the common property line between lands now or late ofDavid P. Fehnel and lands now or late of the Lehigh Valley Corporate Center, with the Basterly right-of-way line of THENCE, from said point of beginning, by lands now or late of said David P. Fehnel, North 69 degrees 53 minutes 19 seconds Bast, 34.03 feet to a concrete THENCE, by lands now or late of the Lehigh Valley Corporate Center, and also along said Easterly right-of-way line of Schoenersville Road, South 30 degrees 15 minutes 40 seconds Bast, 92.68 feeti to: a concrete monument, said monumentl being thei intersection point ofthel Easterly right-of-way line ofSchoenersville. Road, with the Northerly right-of-way line of Valley Center Parkway (which intersects THENCE, by lands now or late oft thel Lehigh Valley Corporate Center and along Schoenersville Road (L.R. 48049 -width varies); ofi intersection with the Easterly: right-of-way line of monument, being a1 new point Schoenersville: Road (L.R. 48049); Schoenersville: Road opposite Cityl Line Road); following eight (8) courses and distances: of-way line of Valley Center Parkway (width = 80 feet), the the Northerly right 1. On a curve to the left having a radius of 30.00 feet, a central angle of 83 degrees 44 minutes 20 seconds, and an arc length of43.85: feeti to a concrete monument: andj point oft tangency; North 66 degrees point of curvature; degrees 00 minutes 00 seconds East, 7.38 feet to an iron pin and 2. 3. On a curve to the right having a radius of340.00 feet, a central angle of66 00 minutes 00 seconds, and an arc length of 391.65 feet to a concrete monument and point oft tangency; monument and point of curvature; 48 00 minutes 00 seconds Bast, 354.73 feet to a concrete 4. South degrees 5. On: a curve tot the right, having ai radius of 640.00: feet, a central 268.08 angle feet of24 to a degrees 00 minutes 00 seconds, and an arc length of concrete: monument: and point of tangency; 24 South degrees monument: and point ofcurvature; 00 minutes 00 seconds East, 325.86 feet to a concrete 6. 7. On a curve to the left having ai radius of 460.00: feet, a central angle of 68 00 minutes 00 seconds, and an arc length of 545.94 feet to a degrees concrete monument and point oftangency; 2 Inst. # 2024000471 Page 4 of 8 8. North 88 degrees 001 minutes 00s seconds East, 423.77: feeti to ani iron pin and THENCE, from said point of beginning ofLot #13,1 by other lands now or late of the Lehigh Valley Corporate Center (Lot #12), North 2 degrees 00 minutes 00 seconds West, 696.14: feet to an iron pin on a common line with lands now or late THENCE, by other lands now orl late ofDeltal Manor Subdivision,' Lots 101 through 102,North 87 degrees 59 minutes 165 seçonds East, 285.00: feet to ani iron pin; THENCE, by other lands now or Iate oft the Lehigh Valley Corporate Center (Lot #14), South 2 degrees 00 minutes 00 seconds East, 696.201 feet to an iron pin on the THENCE, along said right-of-way line South 88 degrees 00 minutes 00 seconds West, 285.00: feet to an ironj pin; said iron pin being the point of Beginning ofLot BEING Tax Parcel No. NS-1-14 thel Declaration ofl Easement as: recorded in Misc. TOGETHER with the rights and benefits under that certain Declaration of Protective Covenants for Lehigh Valley Corporate Center as recorded in Misc. Book Volume 345, Page 390; as amended by Assignment and Assumption of Declarant's Rights Under andE First Amendment to Protective Covenants forLehigh Corporate Center as recorded in Record Book Volume 1994-6, Page 98025; as amendedb by the Second. Amendment to Protective Covenants: for Lehigh Valley for Lehigh Valley Corporate Center as recordedi in Record Book Volume 1995-1,Page 24274; as amended by the Third Amendment to Protective Covenants for Lehigh Valley Corporate Center as recorded in Record Book Volume 2001-1, Page 135830, asi re-recordedi inl Record) Book Volume 2002-1, Page 197291; as amended by the Fourth Amendment to Protective Covenants for Lehigh Valley Corporate Center as recorded in Record Book Volume 2003-1, Page 54819; as amended by thel Fifth Amendment to Protective Covenants for] Lehigh Valley Corporate the Center Sixth asrecordedinl Record) Book Volume 2005-1,] Page216274; as amended! byt Amendment to Protective Covenants for Lehigh Valley Corporate Center as reconledinRecordBok Volume 2005-1,Page: 216287; as amendedby the Seventh Amendment to Protective Covenants for Lehigh Valley Corporate Center as recordedi in Record Book Volume 2007-1, Page 427706; as amended byt thel Eighth Amendment to Protective Covenants for Lehigh Valley Corporate Center as recorded in Record Book Volume 2010-1, Page 186512; and as amended by the Assignment Valley Corporate Center as recordedi in Record Book) Volume 2011-1,Page beginning point ofLot#13; oft thel Deltal Manor Subdivision; Nortberlyrightofway, line ofValley Center. Parkway; #13. TOGETHER with the benefit oft Book' Volume 345,Page 431 over Tax Parcel N5-1-15 and. Assumption ofDeclarant's Rights under. Protective Covenants for Lehigh 105022. 3 Inst. # 2024000471 - Page 5 of 8 Together with all and singular thel buildings and improvements, ways, streets, alleys, driveways, waters, water-courses, rights, liberties; privileges, hereditaments and appurtenances, the hereby granted and profits thereof, and all the estate, right, title, interest, passages, unto whatsoever and tot thes same. premises belonging, or in anywise appertaining, and the the said grantor, as well at law as in equity, of, in reversions and remainders, rents, issues, property, claim and demand whatsoever ofit, Tohave and tol hold thes said lot or piece of ground described above, with the buildings and and improvements thereon erected, hereditaments and premises hereby granted, or mentioned intended so1 tol be, withi the appurtenances, unto thes said Grantee, its successors and assigns, to and fori the only proper use and behoof oft the said Grantee, its successors and assigns, forever. Under and subject to all covenants, conditions, restrictions, easements and rights ofway of And the said Grantor, for itself, its successors and assigns, does, by these presents, the said covenant, granta and agree, to and with the said Grantee, its successors and assigns, thati it, herein Grantor, and its successors and assigns, all and singular the hereditaments and premises described and granted, or mentioned and intended so tol be, with the appurtenances, unto the said will Grantee, its successors: and assigns, againsti it, the: said Grantor, and its successors and assigns, said record tot the extent valid, subsisting and enforceable. and defend Grantor but not otherwise. thel lawful claims of all persons claiming by, through or under the warrant against A : Inst. # 2024000471 - Page 6 of" In' Witness Whereof, thej party oft thei first part! has caused its common and corporate seal to be affixed to these presents by thel hand ofi its General Partner, and the same to be duly attested byi its, ATTESTBD: Dated the day and year first above written. GRANTOR: (SEAL) 1550 VALLEY CENTERPKY,LE, Delaware limited parmmership By: PENNCAP GROUP 1,GP,LC,a Delaware limited liability company Its: General Partner By: aa SEAL) Lisa Pektor, President Commonwealth ofPennsylvania j- County ofPhiladelphia AND NOW, this a0" day of December, 2023, before me, the undersigned Lisa Pektor, President OfPENNCAP GROUP 1, GP, LLC, a) Delaware Notary Public, appeared who acknowledges it to be the General Partner of 1550 VALLEY CENTERPKY,IP,; al Delawarel thei partnership instrument for thej purposes therein contained by limited liability company limited andi it, as suchl President ofthe General Partner being authorized to do so, executed foregoingi authorized signing the name ofthel Lisal Pektor by herself as oft the Grantor. signer IN WITNESS WEREOF,Ihereande. set my hand and official seal. A Notary) Public My commission expires Commonwealho NANCY C.DOUCETTE, ofPennsylvanla- Nolary -Nolarys Public Seal MyCommision Phladelphia Expiresh County May2,2025 Commission! Number 1041859 5 #114680618vi Inst. # 2024000471 Page 7 of 8 The precise and thec complete post office address ofthe above-named Grantee Is: clo Denholtz Properties, LLC 116 Chestnut Street, Suite 102 Redbank, NJO 07701 -1271 Onk behalf of the Grantee Inst. # 2024000471 Page 8 of 8' 7 #114680618v1 Northampton County-F Printable Page 1158040 3/13/24, 1:37F PM Printabie page Parcel Property! Location Unit Desc Unit# # City State Zip Code Neighborhood" Valuation Code Trailer Description Municipality Classification Land Use Code School District Topography Utilities Street/Road Total Cards Living Units CAMAAcres Homestead. Farmstead Approved? Parcel Mailing Address In Care of Name(s) Mailling/ Address City, State, Zip. Code Alternate Address Alternate Address City State Zip ACTFlags Act319/515 LERTA Act43 Act66 Act4/149 KOZ TIF Expiration Date BID Millage Freeze! Date Millage! Freeze Rate Veterans Exemption Tax Collector 1550) VALLEY CENTERI PKWY PARID: DENHOLTZ1 N511 140214 1550) VALLEY CENTER PARKWAY LLC, 1550 VALLEY CENTERI PKWY C227 HANOVER1 TOWNSHIP Commercial 410-C Office building, inl Indus. Park BETHLEHEMS SCHOOLDIST LEVEL ALLI PUBLIC PAVED 1 0 4.56 DENHOLTZ 1550' VALLEY CENTERE PARKWAYL LLC 116 CHESTNUTSTS STE1 102 REDE BANK, NJ, 07701-1271 JOANS. STEINBERG, TAXO COLLECTOR 3630. JACKSONVILLE! RD BETHLEHEM PA1 18017-9302 610-866-1140 EXHIBIT A-3 Assessor - Northampton County- Printable Page 3/13/24, 1:37F PM GREG OZGAR 610-829-6165 Current Owner Details Name(s) In Care of MailingA Address City, State, Zip Code Book Page Deed2 Deed3 3 Deed4 4 Deed5 Owner! History Current Owner Previous Owner Sale Date Price Book: Page OutBuildings Card 1 OBY Details Card Code Grade Year Built Width Length Area Units Condition Land Linet # Type Code Acres Land Details Linel Number Land Type Land Code Frontage Depth Units CAMAS Square Feet CAMAAcres Values Exemptl Land ExemptE Building . Total Exempt Value Current Land DENHOLTZ 1550 VALLEY CENTERI PARKWAYI LLC 116 CHESTNUT ST STE: 102 REDE BANK, NJ, 07701-1271 2024-1 004072 1of4 DENHOLTZ 1550 VALLEY CENTERI PARKWAY LLC 1550 VALLEY CENTERI PKYLP 08-JAN-24 2,244,444 2024-1 004072 Code Line 1 PA1-PAVINGASPHALT: PARKING WI-PMNCASPMATFPAAONO C-AVERAGE 1989 57,000 1 3-NORMAL 1 A-ACREAGE 6-Primary Site 4.5600 1 A-ACREAGE 6-Primary Site 198,634 4.5600 $0 $0 $0 $319,200 - 3/13/24, 1:37F PM Current Building Current Total Assessed Land Assessed Building Total Assessed) Value Homestead Homestead Denied HomesteadFarmstead Approved Date Rec'd Homestead Effective' Year Farmstead! Effective' Year Sales Date Recorded Sale Price New Owner Old Owner Sales Detail Salel Date Salel Price New Owner Previous Owner Recorded Date DeedE Book Deed Page DISCLAIMER Northampton County- Printable Page $2,604,500 $2,923,700 $159,600 $1,302,300 $1,461,900 1of4 01/08/2024 1550 01/08/2024 $2,244,444 DENHOLTZ 1550 VALLEY CENTER PARKWAYLLC 1550 VALLEY CENTERI PKYLP 08-JAN-24 2024-1 004072 $2,244,444 DENHOLTZ 1550 VALLEY CENTERI PARKWAY LLC VALLEY CENTERF PKYLP 1of4 DISCLAIMER- -THISI INFORMATION IS CURRENT AS OF THE DATE OF BILLING ANDI IS NOT REFLECTIVE OF ANY PAYMENTS, ADDITIONAL INFORMATIONI MAYI BE OBTAINED DIRECTLY FROMT THEI REVENUE OFFICEA AT 610-829-6186. INA ACCORDANCE WITHA ACT NO3 394 OF 1945, FAILURE TOI RECEIVE AF REALE ESTATE TAXBILL DOES NOT EXCUSE ORI DELAY PAYMENT OF TAXES PAYABLE ORA TO AVOIDSANY COUNTY PENALTY, INTEREST OR CHARGE FOR SUCH DELAY (PURDONS STATUE 72, SECTION 5511.7). MAKE CHECKS OFN NORTHAMPTON. Estimated Tax Information Date ofE Billing Discount Tax Basel Tax Penalty Tax 26-JAN-24 $15,472.75 IfPaid On or Before_ 01-APR-24 $15,788.52 fPaid On orE Before_ 31-MAY-24 $17,367.37 IfPaid/ After_ 31-MAY-24 3/3 ----- 1158050 U5F034 h 1550 Valley Center Pkwy- Google Maps 3/13/24, 1:33F PM Google Maps 1550 Center Valley Pkwy thlehem V - fenwo Kenoedors Flowsery AmericanHome. Medical E dDE Ees 2 3 a demy 0P- MastersSolar Milerkeystone ElocdCenter Bloodcenter 9: Stratix 9 9 Oberone 9 terPKw Jalley CenterPkM BASAS BCRE CHIEDET M3cd5Rd RestaurahtDepot 9 ans Eridge-line WesternE ermina hleh Sgéedway o Google Mapd data 02024 Google 200ftL u 1550V Valley Center Pkwy Building 0 Directions Save Nearby Sendt to Share 1550 Valley Center Pkwy, Bethlehem, PA 18017 phone - U a à 4 3 S s N : eb EXHIBIT A-5 8 - og 8 9 k 3 8 9-4 LISIHXE WICH BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630. Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 March 8, 2024 Greg Brown, ChiefOperating Officer Denholtz Properties 116 Chestnut St Ste 102 Red] Bank, NJ 07701 Dear Mr. Brown, to1 move. Bronkhorst USA: from 57S Commerce Way Ste 120,1 located int thel PIBD Wei received your telephone request (Planned Industrial Business District): zoning district, Office Research and Residential): zoning district. to 1550 Valley Center Parkway, located in the PORR (Planned Consider this letter a denial ofyour request in accordance to the: zoning ordinance Section 185-36D(3), 185-36F(4), and 185-36F(5)ofthe) Hanover' Township Zoning Ordinance. Should youl have any questions, please feel free to contact me. You havet thei right to appeal my decision to the Zoning Hearing Board in thirty (30) days. Snacy Euisser Tracy Luisser BCO, Zoning Officer EXHIBIT A-7 Bronkhorst USA, Inc. 57S. Commerce' Way, Suite 120 Bethlehem, PA: 18017 Phone: +16 6108666750 E-mail: senviseebonanontuscon Bronkhorst" USA March 22, 2024 TO: Denholtz Properties RE: Proposed use of 1550 Valley Center Parkway use of 1550 Valley Center Parkway can be classified as Light Assembly of scientific The proposed electronic devices. Bronkhorst USA currently repairs and recalibrates mass flow instruments and at! 57 S. Commerce Way, Suite 120. The new location of these instruments in addition to the current metersand controllers in our existing facility and expansion is to allow for production assembly repair and recalibration services. Currently, all new devices are: and shipped complete to our customers in the US. Aswith the existing facility, we willl the calibration of the instruments. The Bronkhorst following major components, assembled in our facilities in Europe have a compressed air system along with bottled Hz, Nz & Hei for Mass Flow instruments that willl be assembled int the new facility consist oft the all of which will be purchased directly from our HQ in thel Netherlands, or their suppliers, and assembled and calibrated! here. finish-machined stainless steel body that gases flow through and on which all other Body: parts are assembled Laminar Flow Element: Stainless total flow through the flow sensor Valve: Stainless steel proportional built into the product and stored ini the PCI Board steel discs assembled into thel body to split aj portion ofi the valve used to control thei flow rate. Control algorithms are Flow Sensor: Capillary tube type sensor used to measure thei flow rate PCE Board: The 'electronics' for the meter/controller which allows users to the device in order toi input ai flow rate setpoint and read actual flow rate information. communicate with stainless steel compression-type fittings used to connect to process Connection fittings: piping ini thei intended application These components and thei finished product can! be seen ini the photo below. EXHIBIT A-8 BrUSA Assembly Zoning.docx Bronkhorst Mass Flow Meter/Controller PCBoard Flow Sensor Connection Fittings Control Valve Body Laminar Flow Element is assembled, iti is pressure tested using Nitrogen(N2) and leak tested Oncei the meter/controller fully using Helium(He) to ensure that it is assembled correctly, can handle the application pressures, and airi is used to calibrate accuracy of the flow isl leak free. Itist then connected to our calibration system where and compressed flow rate) on whichi it willl be the instrument fori the exact conditionspressure, temperature the device as shown by the blue arrows used in the customer's application. The air flows through and the calibration curve and control algorithmi is adjusted to ensure precise rate. less than 10 units/year), a customer will request that Bronkhorst use Ori rare occasionslcurrently their actual process gas for calibration Hydrogen(Ha) calibration capability in our location. rather than compressed air. This is why we need to have Bronkhorst USA has been using these gases and procedures in our current facility for over 16 years with zeroi incidents. need additional clarification on anything, please do not hesitate to Ify youl have any questions or contact me. Regards, General Manager 246 Bronkhorst USA BrUSAAssembly Zoning.docx tabbles I CW21-060 CIVIL ENGINEERS & SURVEYORS Medical Center Circle, Suite 1, Allentown, PA: 18106* 610-395-0971 FAX 610-391-8942 50121 Bethlehem, West Office: Allentown, North Office: Kresgeville East Office: KEYSTONE CONSULTING ENGINEERS March 14, 2024 Hanover Township Board of Supervisors 3630 Jacksonville Road Bethlehem, PA 18017 RE: Farmhouse Village Gentlemen: the Farmhouse Village Major and Minor Subdivisions on April 25, 2023. to record the plans within 12 months of approval, which deadline The Board of Supervisors conditionally approved Sincet the conditional approval included ar requirement isA April 25, 2024, we, on behalf of Airport Road Partners, LP, request ane between thel Townships, attorneys, items are as follows: extension of3 months until July 25, 2024t to final coordination record the plans. Ther reasons for the request are generally the substantially more complex eachi is satisfied, stage some of which their engineers, advisors and needing to assure that between both municipalities, Hanover and East Allen Ther requirement to coordinate the review and approval process Thet time delays for the required professional communicate their separate concerns and the coordination oft them. Thep preparation,' review and approval of supplementary documents -1 for each Township. Timet to prepare and obtainr review anda approval ofr municipal required items, such asl legal descriptions. Needf for the "Minor Subdivision" to! be approved sot that the "Major Subdivision" can ber recorded. Townships. anda advisory services ofe each Township tor review, coordinate and encountered a situation where the surveyor of record has retired, thereby requiring another favorable consideration of this request and will await notification of the date of the Board In addition, we have now registered surveyor to become familiar with the project verify key professional confidence to sign and sealt the plans. Wel look forward to your meeting at which this will be discussed. Sincerely, Keystone Consulting Engineers willan William A. Erdman, P.E. WAE/sas and aspects of the prior survey in order to develop the DECEIVE u MAR 18 2024 HANOVER a.almen PC: Jay Finnegan, Township Advisor, via e-mail James Broughal, Esq, Township Solicitor, via e-mail Brian Kocher, Township Engineer, via e-mail Abraham. Atiyeh, via e-mail WA202/1CW21-060F Farmhouse Village, 6292 Hanoverville TOWNSHIP Joel Wiener, via e-mail Rd. Hanover Township, Northampton Countycw21- 060doc)24-03-1 14 LtrtoH Hanover Township BOS.docx firm of choice since 1972 Engineering Visit us at: www.KCEinc.com RMMTWW. We answer to you. 5151 West Hamilton! Street, Suite! 508, Allentown, PA1 181010 Phone: (800) 738-8395 Engineers Environmental Consultants Surveyors Landscape Architects Safety Consultants E-mail: rettew@rettew.com: e Website: rettew.com March 8, 2024 Ms. Kimberly Lymanstall, Township Secretary/Assistant Treasurer Hanover Township 3630 Jacksonville Road Bethlehem, PA: 18017-9302 RE: Advanced Health Care of Hanover Township Improvements Inspection and Project: Status Hanover Township, Northampton County, PA RETTEW Project No. 118962000 Dear Ms. Lymanstall: On behalf of our Client, we are hereby submitting the revised plans, and supporting documentation review letter for the above referenced project. The plans have been revised per the Hanover Engineering dated February 8, 2024. Ouri item-by-item response to each comment appears in bold. 1. Alli inlets need DEP prohibition against pollutants disce epoxied on inlet tops. Response: Discs have been installed oni inlet tops per comment (see attached photo). 2. 3. Curbj joint sealing is required within the road right ofv way. Response:. Joint sealing has been completed (see attached photo). bollardsi included on thei improvements estimate are missing according tot thel Record Layout Eight Plan. had been recorded, owner's operations had reviewed the plan and Response: After the plans interfered with the drop off of patients. The noticed the bollards at the front of the building determined based on owner's bollards at the rear accessory building were also reviewed and the bollards were not to be operations to be in conflict. It was determined at that time that installed. The Owner asks that they be removed from the final close out documents for full financial release. 4. a. b. Final revised as-built plans still need to show: Adjoining Lot 10B water service actual location. Response: Water service location was added to the plan along with field verified valves (see enclosed). Adjoining Lot 10B sanitary sewer lateral location with wye off the run from Existing Sanitary Manhole tol Manhole 1. Response: Sanitary sewer lateral location was modifications (see enclosed). Added dropi installedi int the existing manhole. Response: Sanitary sewer manhole was revised per added to as the field the plan per C. the field modifications (see enclosed). Page2of2 Hanover Township March8 8, 2024 RETTEW Project No. 118962000 5. Certification of Pins and Monuments. been verified and certification has been provided (see Response: Pins and monuments have enclosed). 6. The Developer adheres to Township Policy 8 (payment of Plans and Appeals Accounts). Anyf final release of security should be conditioned upons satisfactorily: addressing items 1-6 above. Response: Comment noted. further questions, please feel freet to call me at (484)-240-4519 or contact me via email at Ifyoul have any Metorganderetew.om. Sincerely, Victor. J. Grande, PE Project Manager Enclosures SmdPeaAuNsAlIRaNO Hanover uSa-MAONweT Twp/Response LTR Hanover Engineering.docx Hanovertngineering 252 Brodhead Road . Suite 100 e Bethlehem, PA 18017-8944 Phone: 610.691.5644- Fax: 610.691.6968 . HanoverEng.com March 28, 2024 Ms. Kimberly Lymanstall Township Secretaty/Asistant Treasurer Hanover Township, Northampton County 3630 Jacksonville Road Bethlehem, PA 18017-9302 Dear Kim: RE: Advanced Health Care ofH Hanover Township 33701 Point Blvd. Improvements H20-28 Hanover Project High Inspection and Project Status of the above-referenced project in We have completeda a final sitei improvements inspection 2024. The improvements inspection punchlist items shalll be satisfactorily final site response to an email from Victor Grande, dated March 8, addressed, following based on our letter dated February 8, 2024. 3. 4. 5. estimate are missing according to the Record Eight bollards included on thei improvements Certification of Pins and Monuments. to the plan. Layout Plan. The Board of Supervisors would nced to approve any changes The word "Draft" should be removed from the As-built Plans. 6. Thel Developer adheres to Township Policy 8 (payment of Plans and Appeals Accounts). Please note that thel Board of Supervisors approved the final release of security, conditioned upon satisfaction oft the above remaining items. Ifyoul have any questions Respectfully, or need additional information, do not hesitate to call this office. Tolnshp Engincer brkjlw2 MNL-aNDSA B mprovement CC: Hanover Township Board of Supervisors Ms. Tracy Luisser, Zoning Administrator James L. Broughal, Esquire, Broughal &1 DeVito, LLP Spencer Summerhays, The Boycr Company sustainable, cost-effective, and environmentally responsible projects since 1971 Envisioning and Engineering Hanovertngineering 252 Brodhead Road e Suite 100 e Bethlehem, PA: 18017-8944 Phone: 610.691.5644- Fax: 610.691.6968 H Hanovertng.com RE: LVHN-UHS, Behavioral Health Hospital Land Development Plan Lot 2-1755 W. Macada Road Preliminary/Record Land Development Plan Received January 17,2024 Fourth Submission Hanover Project) H23-23 April 5, 2024 Ms. Kimberly Lymanstall Township Secretaty/Assistant Treasurer HanoverTownship, Northampton County 3630Jacksonville) Road Bethlehem, PA 18017-9302 Dear Kim: Wel have reviewed the above-referenced Preliminaty/Record Development Plan submission, as distributed by ourl letter of April 4, 2024 for conformance to the Hanover Township Zoning Ordinance, Subdivision and] Land Development Ordinance, and other Ordinances as found in the Code of the Township of Hanover, adopted February 12, 2002, as amended. All planning issues are indicated by an asterisk (*). A. GENERALINEORMATION 1. The applicant proposes a three-story, 1441 bed behavioral health hospital and attached medical officel building at 1755 West Macada Road. This is the third Preliminary/Record Subdivision Plan submission and consists ofa thirty-one (31) sheet plan set for the approximately 15.9-acre lot zoned Office and Institutional District (OI). A behavioral health hospital is aj permitted use within this district. 2. The sitei is located at the intersection of Schoenersville Road and Macada Road, across Schoenersville Road from the Lehigh Valley Hospita-Muhlenberg: campus. The site is bordered by residential lots to the east, Atria Senior Living facility to the North. The sitei is located just south ofU.S. Route 22 andi is currently vacant. 3. AZoning Ordinance variance was granted by the Zoning Hearing Board on 9/25/2023, regarding Zoning Section 185-22.F Woodland Preservation, as noted on 4. Thej previously submitted lot consolidation plan has been withdrawn. Sheet1of26. 5. Thej previous subdivision plan notes that street lights, street trees, and buffer screens may be required along Schoenersville: Road. B. STORMWATER MANAGEMENT- - CHAPTER152 Sections 152-6.1.A, B and] D and 152-16.D- - No regulated earth disturbance activities within the' Township shall commence until approval by the' Township of an erosion and sediment control plan for construction activities. Written approval by DEP or a delegated County Envisioning and Engineering sustainable, cost-effective, and environmentally responsible projects since. 1971 Ms. Kimberly Lymanstall Township Secrctary/Assistant Treasurer 2 April 5, 2024 Conservation District shall satisfy this requirement. A copy of the approved erosion and sediment control plan and narrative shall be provided to the' Township. Sections 152-6.1.Cand' 152-16.D - A DEP: NPDES stormwater discharges associated with construction activities permit is required for regulated earth disturbance activities of one acre Section 152-10.E-The. Applicant shall provide the Township with a notarized statement satisfactory to the Township Solicitor, stating that the Township shall be held harmless against any claim of damage from the downstream property owners that may result from the Section 152-10.1(6)and (7) -Thej proposed detention basin shall meet the maximum depth of detained: runoff requirements oft these Sections. The applicant requests a waiver from these sections to provide a fence and exceed maximum allowable water depths. Section 152-10.M = Thel Developer shall provide a covenant running with the land to identify thej property owner's responsibilities for the ownership and maintenance oft the Section 152-12.B and C-3 The developer is required. to install or improve the Township interceptor system, by the value of at least $1.80 per square yard ofi impervious cover. The current plan proposed 203,000 square feet ofc cover, equating to: a fee of $40,600. Section 152-16.A.(4) - A copy of thel Lehigh Valley Planning Commission (LVPC) stormwater management consistency. letter shall be provided.. A conditional consistency letter has been provided from the Lehigh Valley Planning Commission. Section 152-24.3-The) property owner shall sign al Declaration of Covenant and Agreement for Maintenance of Stormwater Management Facilities and BMP(s) (the Maintenance Agreement") with the Township covering all stormwater BMPs that are. tol be privately owned. The Maintenance. Agreement shall be substantially the same as the Agreement in Appendix E of this Chapter. Other items may be included in the Maintenance Agreement where determined by the' Township tol be reasonable or necessary to guarantee the satisfactory operations and maintenance of all permanent stormwater BMPs. The Maintenance. Agreement shall be subject to the: review and approval of the' Township. Section 152-24.5-The Owner/Developer: of any land upon which permanent BMPs will be placed, constructed or implemented as described in the BMP Operations and Maintenance Plan, shall record the following documents in the Office of the Recorder of] Deeds for Northampton County, as applicable, within ninety (90) days of approval oft thel BMP Operations and Maintenance Plan by the Township: the Operations andl Maintenance Plan oras summary thereof, Maintenance Agreements under Section 152-24.3 oft this Chapter, and Section 152-24.6.A.(1): - Persons installing stormwater BMPs shall be required toj paya specified amount ($5,000.00) to the Township Stormwater BMP Operations and Maintenance. Fund to help defray costs of operations and maintenance activities. Ifthe BMP is to be privately owned and maintained, the amount shall cover the cost of periodic inspections by the municipality inj perpetuity, as determined by the Township. or greater under PA Code Chapter 92. proposed development. private stormwater collection, conveyance, and control facilities. easements under Section 152-24.4 of this Chapter. 3 April 5, 2024 Ms. Kimberly Lymanstall Township Secretary/Assistant Treasurer C. ZONING ORDINANCE - CHAPTER: 185 Section 18514C0G-Nol buildings or structures shall bej placed between the setback line and the existing or proposed highway right-of-way. line except lamps posts, driveways, the mailboxes, sidewalks, and utility lines, or suchi incidental items as may be agreed tol by Board of Supervisors during the site or land development plan review. The applicant outlet a culvert structure within the front yard of Macada Road, and a stormwater Section 185-17.F- All parking areas ofi more than twenty-five (25) spaces shall be landscaped subject toi review by thel Planning Commission and approval oft the Board of Section 185-18.C- - One (1) off-street loading space required per each 10,000 square feet of Hospital. Ten (10) spaces are. required per 97,750 square feet BLDG. Only three (3) spaces that are indicated on thel Plans. The Applicant is requesting concurrence from the' Township only three (3) loading spaces are required for this proposed use. Sitel Data, including parking and loading analyses and Notes shall be provided on a plan tol be recorded. Section 185-20and 185-35.A.(1)-7 The Applicant shall submit evidence to the satisfaction of thel Board of Supervisors that the proposed use will bei in compliance with the performance standards of this section. A summary narrative is sufficient for this purpose. Section 185-22.E(6) - The applicant is working with the Township and PennDOT to evaluate northbound lane, intersection improvements at Macada Road and Schoenersville Roadi identified as Alternative 2i in the" Transportation Impact Study. Upon concurrence of the scope and nature of any proposed improvements, the applicant shall update the rcommendhato/omdlsions sections of the Executive Summary and Narrative and Section 185-22.E(7) -The applicant shall provide the costs of needed improvements pending Department ofTransportation and' Township concurrence with the applicant on Section 185-22.G and Section 185-34E/3.-The following comments regarding landscaping proposes structure within the front yard of Schoenersville Road. Supervisors. include these costs in the final cost estimate/security. the scope of improvements. shall be satisfactorily addressed (See also SALDO: Section 159-17): 8. A 20 wide planting strip (See Chapter 67 for standards) is required along side and rear property lines adjacent to residential districts. The applicant is requesting that 11. To satisfy the general site landscaping requirement of 20,300 square feet (minus the 5,925 square feet of"Landscaping Planting Area", the applicant is proposing a fee in lieu of tree planting in the amount of $28,800 (seventy-two (72), x $400.00 per tree) existing vegetation serve in lieu of additional plantings. D. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE - CHAPTER159 Sections159-11.W, and 159-24- -The' Township shall determine whether additional streetlights shall be provided along both street frontages. 4 Apri15,2024 Ms. Kimberly Lymanstall Township Secretary/Asistant Treasurer Macada Road and Schoenersville * Section 159-13.B()and (6) -S Sidewalks are required along Road. The applicant requests a deferral of these sections. Section 159-15.F- Where lots abut other uses with an adverse effect upon adjacent properties, aj planting screen and associated planting screen easement at least ten feet (10) wide shall bej provided in accordance with this section. We note this property abuts residential lots to the east. A ten foot (10) wide Planting Screen Easement is being proposed. Existing vegetation is being proposed to satisfy any planting requirement. Section 159-16.E = Recreation and open apace requirement shall be provided, per agreement between Developer and] Board of Supervisors. A calculated fee of $76,320.00 is proposed Section 159-20- -3 The following comments regarding sanitary sewage shall be satisfactorily and shall bes verified by the Zoning Officer. addressed: 2. DEP approval oft the Planning Module is required. Section 159-25 - When al land development abuts any arterial road as designated on the Township Map, a noise study shall bej prepared, andi if necessary, a noise barrier shall be Section 159-29- - Preliminary Plan is required for alll land development submission. The applicant requests a waiver to submit Preliminary/Record, plans concurrently. Section 159-28.B and 159.29.D(14)- - No parking fire zones, emergency access gates/details and emergency vehicle turning templates shall be provided to the satisfaction of the In addition, the applicant shall provide documentation necessary for thej proposed emergency access to the satisfaction oft the Township Solicitor. Section 159-29.E(6)- -A copy of the Northampton County Conservation District approved Soil and: Erosion Control Plan and Narrative shall be provided. Section 159-29C(2) -All elevations shall be based on USGS sea level datum. The Applicant references vertical datum as NAVD 88. The applicant requests a waiver. Section 159-29C)and(Q- -Locations of existing trees and relevant surrounding features required. Locations oft trees to be removed and their trunk size and drip line locations, as well as planting specifications are required. The applicant requests a waiver from these Sections 159-29.E.(2) and 159-30.E.(1) - The design professionals shall sign and seal the Section 159-30.D(4) - Approval letters from the City ofBethlehem for the proposed provided. Township Fire Marshall. sections requiring thel location of all trees 4" or larger. Engineer's and Surveyor's Certifications for all plans tol be recorded. sanitary sewer and water service designs shall be provided. Ms. Kimberly Lymanstall Township Secretary/Asistant Treasurer 5 April 15,2024 Section 159-30.D(5) - An] Improvements. Agreement and Security are required for the proposed land development improvements. A cost estimate shall bej provided for review. Section 159-30.E - The approved Record Plan shall contain all required signatures and seals with signature certifications consistent with Section 159-40, including Proof of Recording Section 159-44-1 Upon approval by thel Board of Supervisors, a note shall be added to the Plan listing all waivers and deferrals, along with any conditions and the meeting date of thei block. Board of Supervisors action. F. IMPACTFEE- CHAPTER 102 The Applicant shall pay a traffic impact feei in the amount of $29,155.001 based on 85) PM Peak Hour trips at $343.00 per PM peak hour trip. G. TAPPING AND CONNECTION FEE - CHAPTER 140 The Applicant willl be required to pay a tapping feei in the amount of $8.10 per GPD,a connection fee ($472.50) and customer facilities fee ($330.00) fees at the time of building permit issuance. Ifyoul have any questions concerning this matter, please contact the undersigned. Respectfully, HANOVER ENGINEERING TR Brien R. Kocher, PE Township Engineer brkjcnjam/jlw2 LyuBR.N Enclosure(s) Cc: Hanover Township Board of Supervisors Hanover" Township Planning Commission Ms. Tracy Luisser, Zoning Administrator James L. Broughal, Esquire Mr. Nathan Oiler, PE, RKR: Hess S. Graham Simmons, Attorney EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (hereinafter referred to as "Agreement") is and is by and between) MARK HUDSON, with an address of173 Richlandtown Pike, dated the day of 2024, but with an effective date of April 8, 2024, Quakertown, PA 18952 (hereinafter referred as "Mr. Hudson"). AND TOWNSHIP OF HANOVER, a municipal corporation organized and existing as a township of the second class under the laws of the Commonwealth of] Pennsylvania, with its offices located at the 3630. Jacksonville Road, Bethlehem, PA 18017 (hereinafter referred to as "Township"). WITNESSETH WHEREAS, by its Motion duly adopted at ai regular public meeting held onl March 26, 2024, the' Township Board of Supervisors (the "Board") confirmed a conditional offerof employment to the Office ofTownship Manager as provided by Chapter 19 of the Township Code ofOrdinances (hereinafter "Manager's Ordinance"); and WHEREAS, priort to the passage oft the aforesaid Motion appointing Mr. Hudson as Township Manager, Mr. Hudson and the Board have agreed inj principle to the terms and conditions ofhis employment as Township Manager, and are interested in setting forth in writing those terms and conditions, tol be effective as of April 8, 2024. NOW,THEREFORE, in consideration of the employment of Mr. Hudson, by the Township, his appointment by the Board as Township Manager, the services to be rendered to the Township as Township Manager, and for other good and valuable consideration, and intending to bel legally bound hereby, Mr. Hudson and the Township agree as follows: 1. Salary. Effective on the start ofwork and for all of calendar year 2024, Mr. Hudson's annual salary shall be $160,000 to bej paid at the same payroll interval (currently every two weeks) as other employees oft the" Township. Hours of work are to include normal Township hours of operation (5 days per week/40 hours per week) Monday through Friday, and any additional hours (including night meetings) necessary to properly perform the jobofTownship Manager. As this is a salaried, managerial position, there is no overtime compensation, and Mr. Hudson will be an at-will employee, which means that Mr. Hudson's employment can be terminated at any time, for any reason, with or without cause, and with or without notice. Future salary levels (i.e., for all years beyond calendar year 2024) will be determined by the Board. 3 2. performance and each employment specific areas of Mr. evaluation, and attempt in good Annual Performance Evaluation. The Board shall perform an annual written evaluation ofl Mr. Hudson to be conducted on or around the anniversary date of thereafter. The Board shall meet and discuss with Mr. Hudson those responsibilities, which are tol be the subject of formal Hudson'sj year jobi faith to to the form to be used for such evaluation. agree 3. Pension Plan. Mr. Hudson shall be permitted to participate in the Township's Money Purchasel Pension Plan currently maintained by the Township through Fidelity contribution Investments and Affiliated Financial Planners, LLC (the "Pension Plan"). A pension Mr. Hudson shall be deducted through payroll on al bi-weekly basis which shall be ata by minimum of6 6% and ai maximum of 8% as selected by Mr. Hudson. The Township's contribution for the Pension Plan is ai match to Mr. Hudson's contribution of either 6% or 8%1 maximum contribution. Normal retirement age is 62 and vesting is 6 years. 4. Paid" Time Off. Mr. Hudson shall have 3001 hours per year; any unused days will with the Board's approval, to one half oft the prior year's accrued and be allowed to accumulate, the first unused PTO. Following distraction of thel Board. the amount of] PTO: may be increased based upon the year, 5. Professional Dues and Training. The Township will pay the annual membership Association (ICMA), and other associations as requested. Subject to the prior approval and continuing education seminars of APMM, ICMA, and other professional training dues for the Association of] Pennsylvania Municipal Managers (APMM), International City Managers oft the Board, Mr. Hudson shall be permitted to attend, at Township expense, the conferences, meetings, seminars. 6. Medical Insurance, Prescription, Dental, Vision. The Township Manager position for coverage in a Capital Blue Cross PPO: heath care plan which may be amended from provides time tot time by the Township that provides individual and/or family coverage for health, dental, from vision, and prescription, and other medical insurance plans as the' Township may designate has time-to-time. Currently, the medical plan has doctor co-pays of$10 and the prescription plan of$10/S20/S40. Mr. Hudson will pay for 7.5% oft the health care premium through co-pays $46.74 single; $119.39: family coverages every two- Hudson can elect not to receive health care payroll dedication (in 2024 approximately weeks' pay period). After one year ofs service, Mr. the amount of through the Township and will be eligible for an insurance stipend in $2,000/annually. coverage equal six (6): months of employment 7. Life Insurance. Mr. Hudson shall receive Township-paid term life insurance tot three (3)t times annual earnings to a maximum of $300,000 commencing after with the Township at no cost tol Mr. Hudson. 8. Township Short Term Disability and] Long Term Disability Income Protection. The shall provide tol Mr. Hudson, at no cost, the short term disability and long term disability plans currently in place with the Township. Phone. The Township will reimburse Mr. Hudson for the use ofhis cellphone 9. Cell) at the rate of $55/per month. 10. Township Vehicle. The Township shall provide Mr. Hudson with use ofa Township Vehicle. Such use ofthe Township Use oft the Township Vehicle shall not be permitted for Vehicle shall bet to commute to and from the Township and for other Township duties. any personal use whatsoever. with those recognized any 11. Holidays. Mr. Hudson shall be entitled to ten (10) paid holidays in accordance in calendar year by the' Township, plus a choice oft two (2) floating Nature of] Employment. Mr. Hudson and the Board understand and agree is at-will and may bet terminated by the Board, ini its sole and holidays. 12. At-Will that Mr. Hudson' 's employment with or without cause. Since this is an at-will absolute discretion, at any time, for any reason, The use oft the word "cause" in Agreement, this Agreement has no specific term of employment. the Township. this Agreement does not alter the "at-will" status ofMr. Hudson's employment by 13. Termination and Severance. In the event Mr. Hudson is terminated by the Township for anything other than a failure to adequately perform duties or willful misconduct, then shall a severance payment equal tot three (3) months' salary oft the provide and all unused vacation leave. Int the event that Mr. Hudson is the Township current rate ofj pay plus any terminated because of willful misconduct, the Township shall provide Hudson with a written with the Township at shall have no statement setting forth itsi intention to terminate Hudson's employment obligation to pay any severance to the Mr. Hudson. For this purpose, least 30 days prior to the effective date of such termination, and the Township willful conduct shall be defined as: Violation Mr. Hudson of any law oft the Commonwealth of Pennsylvania a. which provides by that such violation constitutes a misdemeanor or felony; b. Willful disobedience by Mr. Hudson of orders or directives ofthel Board of Immoral Supervisors; conduct or indecency on thej part of Mr. Hudson; d. Falsification by Mr. Hudson ofTownship records or other Township Theft by Mr. Hudson ofTownship property or possessions; Possession by Mr. Hudson of, sales or attempted sale of, or the use of Wanton or willful disregard for the' Township' si interests; information; controlled substances; indicating an intentional disregard of the Township'sir interests or h. Negligence oft thel Manager's duties or obligations. Conflict. Int the event that there is a conflict between the terms oft this Agreement Resignation by Manager. Should Mr. Hudson desire to resign his position as 14. and the' Township's 15. Township Manager, Mr. Manager Ordinance, the Ordinance shall govern. Hudson shall provide the Township with thirty (30) days written notice int the advance oft the effective date ofMr. Hudson's resignation. Modification of Agreement. This Agreement may be modified by thej parties 16. in writing and signed by the parties, and shall not be considered hereto by further agreement modified by any oral discussions, understandings, or agreement. 17. Jurisdiction and Venue. This Agreement shall be governed by and construed. substantive laws oft the Commonwealth ofPennsylvania and the parties hereto according to the for arising out ofthis County. expressly consent and agree that venue and jurisdiction any dispute Agreement shall be exclusively in the Court ofCommon Pleas ofNorthampton 17. Bond. Hudson shall, prior to taking office, give bond to the Township, with and in such amounts as the Board shall approve, from time to time, and sufficient surety, of duties under this Agreement. The cost of the hereto have hereunto set their hands and seals conditioned on Hudson's faithful performance bond shall bej paid by the Township. the day and year first above written. IN WITNESS WHEREOF, the parties WITNESS: (SEAL) Mark Hudson HANOVER TOWNSHIP BOARD OF SUPERVISORS ATTEST: By: By: Susan A. Lawless, Chair Kimberly Lymanstall, Secretary Hanover Township TAXPAYERS Board of Supervisors John N. Diacogiannis Susan A. Lawless, Esq. Jean E. Versteeg Michael J.Prendeviles Stephen! M. Gross Markl L. Hudson Township Manager VACANT Township Manager's Secretary Kimberly Lymanstall Townships Secretary Beth A. Bucko Township Treasurer Susan M. Check Receptionist VACANT Office SupportAssistant Tracy L. Luisser Zoning OricerBuidingCodec Official Martin M. Limpar PublicV WorksDirector Policy6 Organization Chart The Township Manager shall prepare an organization chart and submit the same to the Board of Supervisors one month before the Reorganization Meeting. In addition, an organization char must be submitted to the Boar within one month after appointmer tot thej position ofN Manager. Adopted April 19,2024 Martin M. Limpar VACANT CodeE Enforcemento BuildingCode ZoningAssistant Official/ Jason Billiard Duane B. Breidenbach Jeremy R. Bucko James, J.F Finnigan Paul B. Hoffman Ericl M. Knopp Tanner Melinsky Erik, J. Omdalen Joshua L. Peters Joshua R. Stettler Joseph A. Rizk, Jr. Andrew P. Salvesen James P. Skinner Wade A. Robinson Road Crew Dante Terenzio RecreationDirector Kendell Lowe Assistant RecreationD Director Policy 6 Lisa Outcalt Preschool Director RESOLUTION 24-12 HANOVER TOWNSHIP -NORTHAMPTON COUNTY WHEREAS, The Board of Supervisors of Hanover Township ("Township"), Northampton County, Pennsylvania ("Applicant") desires to apply for grants with Pennsylvania Broadband Development Authority ("Authority"),PA1 Department ofCommunity & Economic Development from the COVID-19 ARPA Capital Projects Fund Multi-Purpose Community Facility Projects; Bei it RESOLVED, that the Board of Supervisors ofHanover Township of] Northampton County hereby request a COVID-19 ARPA Capital Projects Fund Multi-Purpose Community Facility Projects grant of $2,000,000.00 from the Pennsylvania Broadband Development Authority, PA Department ofCommunity & Economic Development tol be used hrawmafmdivACyatm and at the Hanover Township Community Center. NOWTHERFORE, ITI IS FURTHER RESOLVED THAT: 1. Any application for a grant from the Authority may be signed on behalfofthe applicant by the officials of the Township of Hanover who, at the time of signing, has TITLE of Chairman, Board of Supervisors; or Vice Chairman, Board of Supervisors; or Township 2. The signature page for the grant agreement can be executed on behalf oft the Township by the Official who, at the time of the signing oft the agreement, has the TITLE: specified in 3. Ifthis official signed the "Signature Page for Grant Application" prior to the passage of this Resolution, this grant of authority applies retroactively to the date ofs signing. 4. Any amendment to the grant agreement can be executed on behalfofthe' Township by the Official who, at the time of the signing of the agreement, has the TITLE specified in 5. This Resolution shall remain: in effect and binding until rescinded or modified by thel Board Secretary, Township' Treasurer or Township Manager. paragraph 1 and the Township is bound by the grant agreement. paragraph 1 and the Township is bound by the grant amendment. of Supervisors, Township of Hanover. RESOLVED this gth day of April 2024. ATTEST BOARD OF SUPERVISORS Hanover Township, Northampton County By: By: Beth A. Bucko, Assistant Secretary Board of Supervisors Susan A. Lawless, Chair Board of Supervisors Ihereby certify that this Resolution was adopted by the Board of Supervisors, HanoverTownship, Northampton County, this gth day of April 2024 and said Resolution has been recorded in the Minutes oft the Board of Supervisors ofHanover Township and remains in effect as ofthis date. Beth A. Bucko, Assistant Secretary Board of Supervisors, Hanover Township Northampton County