BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax610.758.9116 John. J. Finnigan, Jr., Township! Manager Yvonne D. Kutz, Zoning Officer- B.C.O. August 15, 2023 To: Board of Supervisors John J. Finnigan, Jr Christina' Thomas Barbara Baldo Joseph Moeser Brian Dillman TedLewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA RE: Zoning Petition: 23ZHB12 Property location: 1220 Illick's Mill Rd Zoning District: R1-S Applicant: Mania Zeidan Enclosed is a copy of the application received August 15, 2023, from relief from the maximum size sign Next scheduled meeting is at 7:00 PM Thursday, September 28, 2023. Notice of] Hearing to follow. requirement allowed for al home occupation. Yvone D. Kabz CEIVE AUG 15_2023 HAMOVER TOWNSH HANOVER TOWNSHIP, Northampton County 3630 Jacksonville Rd, Bethlehem PA 18017 Phone 610-866-1140 Fax 610-758-9116 TO PETITION NOTICE: This Petition, in order to be acted upon byt the Zoning Hearing Board must bet fully completed ina accordance with the 'instructions to applicant."1 Failure to do: sO will result in a denial of the Petition without refund ofy your filing fee. Application is made this 1k day of Aagust 20_23 1. Address of property forwhichas special permit ist requested: 2. Tax Parcel No.: N6SWLS 1Bo21k 3. Current Zoning Classification:. RIS 4. The Dimension of the land area are:. Apr. 122.33x lol 5. The real estate contains_ 13490 1336 square feet. (a) The reale estatei is presently used for the purpose of: PROPERTY INFORMATION, llocation ande existing conditions forv whichas specialpermit is being applied): 1220 TLLiCKS MiIC Road 6. Ther real estate in question is presently classified under the Hanover Township Zoning Ordinance as: Singlfam! ly howe with habe agcupation (b) and contains buildings and other improvements consisting of (ifr real estate is vacant land, so note): I. OWNER INFORMATION 1. Owner of property:. Mavia Zeidan Address 1230 LKLLRead I. APTICANTINEOAMADON (herein ofter known at the "Petitioner"? 1. Applicant "Petitionerls)) Mahic Zldaw Address 1220 TLick, MilRood Telephone. 484602753 (all parties tot the title must be listed, attach additional page ifneeded) Telephone, 484607 715 (all parties must be listed, attach additional page ifneeded) 2. Petitioner ist the (check one ormore) 3. Attorney representing Petitioner(S): 4, Petitioner: (check appropriate action) Owner Address. Occupant Agent for: JOther: Telephone. Hereby appeals from the decision of the Zoning Administrator, or other township Official; or Hereby applies for a special exception or permit, orvariance, from thet terms oft the Zoning Ordinance; or 5. Petitioner appeals or makes application from the order, requirement, decision or determination of the follows: (quote, ori ifinsufficient space, attach: additional page). Sigh-largr he 2.S48+ Hereby applies for: Zoning Administrator or other Township Official made on 8-1L 2023, which was as 6. Petitioner claims that the variance, exception, or other relief should be granted as herein requested under the following sections of the Hanover Township Zoning Ordinance, (cite all sections supporting your position, or relevant to the consideration of your Petition). B-25F11E) (C) 7. The variance or exception requested andi the new improvements desired to be made as follows; (a) Building(s) to be erected: (b) Building(s) to be changed: (c) Building(s) to be used for: hacandhaneufakien 8. The plot plan, drawings, sketches and other exhibits attached hereto are made a part hereof. Please include 9. Petitioner believes that the exceptions, variance, Conditional Use or other relief requested should be 10. Petitioner agrees to comply with all provisions of the Hanover Township Zoning Ordinance and is aware that 11. The Petitioner further acknowledges that the Board does not have to consider any application until all information requested by the Board of Supervisors is submitted by said applicant, and that in the event this information is not submitted ini full within twenty (20) days from the date of thei initial Board of Supervisors Hearing, then the Board may denys such application, with or without prejudice to the applicant. 12. Wherever additional information is requested by the Zoning Hearing Board, and leave to submit additional information is specifically granted by the chairman oft the Zoning Hearing Board, then in consideration of the Board's forbearance in noti refusing the application at the conclusion of the hearing, the Petitioner agrees to extend the time for consideration of the application by the Zoning Board for the number of days after the date of decision specified in any Ordinance of the Township, by the same number of days which the Zoning Hearing Board's consideration of the Petition was delayed by failure on the part of Petitioner to submit 22 copies of the petition and all these attachments. granted fort the following reasons: (attach additional sheet ift necessary) the Ordinance provides for penaities forv violations ofi its provisions. additional information requested. NOTE: All Petitioners must sign at least one must sign in the presence of a person capable of administering: an oath (see below) nana Petitioner (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) NOTE: The following affidavit must bet taken before al Notary Public or other appropriate official by one oft the Petitioners. FOR) INDIVIDUAL PETITIONERS: COMMONWEALTHOFPENNSYLYANA ) )ss: ) COUNTY OF Lehigh ONTHIS, the_ 14 Lyof.August 2003,before I me, TONY SaouE fhel undersigned officer, personally appeared, Mania Zeidon known tor me (or satisfactorily proven) to be thej person_ whose name_ (is)(are) subscribed to the within instrument, and acknowledgedi that he_ executed thes same: for the purposes therein. IN) WITNESS WHEREOF, Ihereunto set my hand and official seal. Commonwsalh al Pennsylvania- Notary Sesl TONYM SATOUF, NolaryPublic Lehign County MyCommissiont Expires! Novembar5, 2023 Commission Number 1359989 Sworn to and subscribed before me This_ 14 day of 4ugu12003 Mma (SEAL) Signature ofi the Petitioner taking affidavit 75 CA NOTARYI PUBLIC FOR CORPORATE! PETITIONERS: COMMONWEALTHOFPENNSYLVANA ) )ss: ) COUNTY OF ONTHIS, the_ personally: appeared, who acknowledged corporation by. selfas_ day of 20 beforeme, thet undersigned officer, self to be the of being a corporation, and that he as such authorized to do SO, execuled the foregoing instrument for the purposes therein contained by signing the name of the IN) WITNESS WHEREOE, Ihereunto set my hand and official seal. (SEAL) Signature of the Petitioneri taking affidavit Sworn to and: subscribed before me This_ day of 20. NOTARY: PUBLIC a CU le a N 9 - 5 S7 3 E - 3 * PHYSICAL THERAPY AT StLukes RTHOPET TTTTE ai Mobil 0 HONDA EIJMR Hanovertngineering 252 Brodhead Road . Suite 100 . Bethlehem, PA: 18017-8944 Phone: 610.691.5644 . Fax: 610.691.6968 . HanoverEng.com August 16, 2023 Mr. John J. Finnigan Jr. Township Manager Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, PA 18017-9302 Dear] Jay: RE: 521 Highland. Avenue Security Release Hanover Project H22-26 We are in receipt ofal letter from Jesse Chupella from Indigo Investments, LLC dated August 21, 2023, requesting a security reduction for the above. referenced project. We have completed the inspection and offer the following, based on our report dated August 16, 2023: 1. 5. 6. ADA parking signs are: incomplete (one (1) missing post with signs, an existing two (2) post The existing building sewer cleanout needs to be raised to finish grade with cap. are. missing "fines signage"). As-built Plans are required. We recommend that the security be reduced to $2,500.00 to secure the above outstanding items, condition upon: 1. The Developer adheres to Township Policy 8 (payment of Plans and. Appeals Accounts). Ify you have any questions or need additional information, do not hesitate to call this office. Respectfully, HANOVER ENGINEERING IR TownshipEmginer brkjlw2 Enclosure(s) SPopctsltunicpalVialymorrypV2.263225521glamaArruase"amDag.022ghmaArselanscunyMeasedoc CC: Mr. Jesse Chupella, Indigo Investments, LLC (via E-mail) James L. Broughal, Esquire (via E-mail) Envisioning and Engineering sustainable, cost-effective, and emMfommentolyreponsibe projects since 1971 Document = AIA Change Order PROJECT: (name and address) Hanover Township! Municipal Pool 3650, Jacksonville Road Bethlehem, PA 18017 OWNER: Hanover egasgputatires) 3650. JacksonVille Road Bethlehem, PA 18017 G701" 2017 CONTRACT INFORMATION: Date: ARCHITECTH P, Archilects fname and address) 15251 Locust Street, 5thF Fir. Philadelphla. PA 19102 CHANGE ORDER INFORMATION: Date: CONTRACTORA delm 44 Pheasant RunF Road Orwigsburg, PA 17961 Contract For: Hanover Twp. Mun, Pool Change Order Number: 006 December: 22, 2023 7-26-23 lonco.. (nque and address) THE CONTRACTI IS CHANGED. ASF FOLLOWS: (Insert a detailed description afthec change and, ifapplicable, attach 017 refererce. specific exhibifs. Also include agréed apon adjustmehts. attributable to execuled Conslruction Change Directives.) Cost for removal and replacement oft topsoil unsuitable for bearing foundation walls of the pump house, check-in building, and snack barlifeguard bullding. Work was performed under iime and materials conditions ofs Seclion 012600-1,5 oft the Project Manual andi 7ANAAAAPANTI General Conditions oft the Contract for Construction. 6,745,325.00 $ 366,183.27 7,111.508.27 7,183,538.30 (nine )days. December: 7, 2023 Thec original (Contraèt Sum) -wwssMaimwaw, was Ther net change by previously authorized Change Orders The(Contract Sum) SammassMmimm, prior tot this Change Order was The/(Contract Sum) GwmniéMmimwhe, will HCea---ee $ 72,030.03 Ther new(Contract mC-mwaMwrhi. includingi this Change Order, will be byt thsChangeOrder int thea amount of The Contract" Time wilb@ncreased) aeweàsed)amnehange) by Ther new date of Substântial Completion will be NOTE: This Change Ordere does not inchude adjushments to the Contract Sume or Gudranteed. Maximum. Price, ort the Contract Tine, that) have been authorizedby Conshuction Change Direchive util fhe cost andi time hiave been agreed 1pon by both the Oner and Contractor; in hich case a Change Order ise executed 10 supersede the Gonstruction Change Directive, BKP/ Architects ARCHITEÇT (Firm name) AN SIGNATURE PRINTEDI NAME AND1 TITLE 7-26-23 DATE NOTVALIDU UNTIL SIGNEDI BYT THE ARCHITECT, CONTRACTOR AND OWNER. Heim Construction Co, CONTRACTOR (Firm name) SIGNATURE PRINTEDI NAMEA AND TITLE DATE Hanover" Township Joseph Powell, AIALEEDAP, Prncipal Michael Wright, VP Operations John J.Finnigan, Township Manager PRINTEDNAMEANDT TITLE DATE 7h93 I AIAI Document G70174- 2017. Copyright 01 1979, 1987, 2000, 2001 and2 20171 by The American Instilule of Archllects. Allr rights reserved. WARNING: This AIAP Dactiment isp protectédi by U.S. CopyrightL Law and! International Treaties. Unauthorized reproduction or distribution oft this AIAO Document, or any portion ofit, may result In severe clvila and crimlnal penaltles, andy willl be prosécuted: tot the maximum. extent possible under the! law, Tor report copyright violations ofAIA Contract Documénls, e-mail The American) Inslitule ofA Archilecls' legal counsel, copyrighl@ala.org. Document G701 1-2017 AIA Change Order PROJECT: (name and address) Hanover Township Municipal Pool 3650. Jacksonvillel Road Bethlehem, PA 18017 Hanover OWNER: Township fname and address) 3650J Jacksonville Road Bethlehem, PA 18017 CONTRACT INFORMATION: Date: ARCHITECT: BKP'A Architects (name and address) 1525 Locust Street, 5thF Flr. Philadelphia. PA 19102 CHANGE ORDER INFORMATION: Date: CONTRACTOR: (name and address) Heim Construction Co. 44F Pheasant Runi Road Ongshug-PA.47961 Contract. For: Hanover Twp. Mun. Pool Change Order Number: 007 December. 22, 2023 8-9-23 THE CONTRACT IS CHANGED ASI FOLLOWS: (Insert a detailed description oft the change and, ifapplicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change. Directives.) Cost to repair sinkhole in rain garden basin subgrade opened after heavy overnight rain ($3,094.87). Cost toi install 1"F PVC conduits from new pump house to check-in building and snack bar for data and security lines ($3,263.05). The original (Contract Smjow-wsaimw, was The net change by previously authorized Change Orders $6,745,325.00 $438,213.30 $7,183,538.30 $6,357.92 $7,189,896.32 December 7, 2023 The(Contract Sum) mmdAiimmhas, prior tot this Change Order was The/(Contract md-. willl 0mde--e Ther new/(Contract me--. including this Change Order, willl be byt thsChangeUrdet in the amount of The Contract Time will be wCedy The: new date of Substantial Completion willl be )days. NOTE: This Change Order does not include adjustments toi the Contract Sum or Guaranteed. Maximum. Price, ort the Contract Time, that have been authorized. by Construction Change Directive until the cost and time have been agreedz upon by both the Owner and Contractor; ini which case a Change Order is executed to supersede the Construction Change Directive. BKP Architects ARCHITEÇT (Firm name) L4 NOTVALID UNTIL SIGNED BY" THE ARCHITECT, CONTRACTOR, AND OWNER. Heim Construction Co. CONTRACTOR, (Firm nane) SIGNATURE PRINTEDI NAMEA ANDT TITLE DATE Hanover Township R m & IGNATY JohnJ.F Finnigan, Township! Manager PRINTEDN NAMEA ANDT TITLE &-9-2023 DATE h Joseph Powell, AIALEED/ AP, Principal Michael Wright, VP Operations PRINTEDI NAMEA ANDT TITLE 8-9-23 DATE AIA Document G701TM- - 2017. Copyright e 1979, 1987, 2000, 2001 and 2017 by7 The American Institute af Architects. Allr rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Lawa and! International Treaties. Unauthorized reproduction or distribution oft this AIAP Document, or any portion ofit, may resulti ins severe civila and criminal penalties, and willl be prosecuted! tot the maximum extenty possible under the! law. Tor reporto copyright violations of AIA Contract Documents, e-mail The American Institute ofA Architects' legal counsel, copyright@aia.org. TOWNSHIP OF HANOVER NORTHAMPTON COUNTY, PENNSYLVANIA RESOLUTION NO. 2023 36 RESOLUTION ADOPTING NAZARETH AREA MULTIMUNICIPAL COMIPREHENSIVE PLAN MPLEMENTATION AGREEMENT WHEREAS, pursuant to thej provisions ofthel Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, Article II (85 P.S. 10301, et seq.), the Board of Supervisors ofHanover Township, participating with nine (9) other municipalities, and under the auspices oft the Nazareth Area Council of Governments, with consultant services provided by the Lehigh Valley Planning Commission, participated in the preparation of the Nazareth Area Multimunicipal Comprehensive Plan; and WHEREAS, the aforesaid Nazareth Area Multimunicipal Comprehensive Plan, including the municipalities of Bath, Bushkill Township, Chapman, Hanover Township (Northampton County), Lower Nazareth Township, Moore Township, Nazareth, Tatamy, Stockertown, and Upper Nazareth Township, consists of maps, charts and textual material covering thei requirements as set forth in Section 301, 301.1, and 301.2 of the Pennsylvania Municipalities Planning Code; and WHEREAS, with the assistance of the Lehigh Valley Planning Commission, Hanover Township has complied with all of the procedural notice, public hearing, and public comment requirements of Section 301.3 and 302 of the Pennsylvania Municipalities Planning Code; and WHEREAS, the Board of Supervisors of Hanover Township have adopted the Nazareth Area Multimunicipal Comprehensive Plan in accordance with the provisions of the Pennsylvania Municipalities Planning Code; and WHEREAS, the success of the Nazareth Area Multimunicipal Comprehensive Plan requires a willingness by participating municipalities to develop, adopt and implement Intermunicipal Cooperative Agreements reinforcing the individual identities of each community and create the framework each municipality will use to achieve consistency with the Multimunicipal Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Hanover Township that the attached Nazareth Area Multimunicipal Comprehensive Plan Intermunicipal Cooperative Implementation Agreement be hereby approved and executed on behalf of this municipality. DULYRESOLVED the 22nd day of August, 2023 by the Board of Supervisors ofHanover Township. ATTEST BOARD OF SUPERVISORS Hanover Township, Northampton County By: By: Christina M. Thomas, Secretary Board of Supervisors John D. Nagle, Vice Chairman Board of Supervisors THE NAZARETH AREA MULT-MUNICIPAL COMPREHENSIVE PLAN INTERMUNICIPAL COOPERATIVE IMPLEMENTATION AGREEMENT THIS INTERMUNICIPAL COOPERATIVE AGREEMENT IMPLEMENTING the Nazareth. Area Multi-Municipal Comprehensive Plan is created by and among the participants herein: Bath Borough Bushkill Township Chapman Borough Moore Township Lower Nazareth Township Hanover Township, Northampton County Nazareth Borough Stockertown Borough Tatamy Borough Upper Nazareth Township The participants, all divisions of Pennsylvania local government, are referred to as "Municipalities" int the agreement. SECTION :: AUTHORIZATION AND EFFECTIVE DATE OF ADOPTION A. This agreement is adopted pursuant to the authority set forth int the Intergovernmental Cooperation Act of December 19, 1966, 53 Pa. C.S.A. and Article. Xi oft the Municipalities Planning Code, as enacted and amended. This agreement shall be effective upon approval by the governing body of each of the Municipalities adopting this agreement. SECTION I: BACKGROUND The Municipalities are parties to an Intermunicipal Cooperative Agreement for the Multi- municipal Planning Agreement, effective as of April 3, 2017 and Resolution of the Nazareth Area Council of Governments Authorizing Application to the Pennsylvania Municipal Assistance Program, which added. Hanover Township, Northampton County, to the Nazareth. Area Multi- Municipal Comprehensive Planning group, effective. July 30, 2018 (combined effectively referred herein as the "Planning. Agreement'). Int the Planning Agreement, the Municipalities established a Steering Committee herein after referred to as the "Committee." Pursuant to the requirements oft the Planning Agreement, the Committee developed the Nazareth. Area Multi-Municipal Comprehensive Plan (the "Plan") for the Municipalities. Each oft the Municipalities has adopted the Plan as their comprehensive plan pursuant to the requirements of Article IlI of the Municipalities Planning Code (the "MPC"). In addition, each of the Municipalities agreed to implement the adopted Plan by revising relevant ordinances (zoning, subdivision regulations, sewage: facilities plans, official maps) and bringing eachi into consistency with the adopted Plan. SECTION I: PURPOSE A. The Committee is the planning advisory body for a unified and identifiable region with the Blue Mountain, wooded lands, rolling hills, scenic vistas, many streams, historic properties, transportation infrastructure and community utilities, extensive farmland, vulnerable rural areas destined to be conserved, viable villages and a core downtown, 1 DRAFT: 7/17/23 Nazareth Mult-Municipal Comprehensive Plan Intermunicipal Cooperative! impemenalonAgement and attractive residential and commercial areas. These features combine tot form a unique region with an extremely high quality of life, viable local economy and rich landscape defined by natural resources. The goal of the Municipalities is to preserve and protect these assets, while directing growth and redevelopment into areas with adequate infrastructure that is additive to the community and tax base. To further this aim, the Committee has designated growth areas in the Plan. New development and redevelopment will be directedi to designated growth areas where the necessary infrastructure is in place, or most likely to be extended, to support it. B. Itis the desire oft the Municipalities to encourage responsible development that respects the Nazareth. Area's sensitive environmental features and special rural character, enhances the historical quality of the Boroughs and rural villages, preserves the Blue Mountain, streams, steep slopes, wetlands, floodplains, recreational assets and rural lands, efficiently utilizes public infrastructure and strengthens the regional tax base. Through multi-municipal cooperation and planning, the Municipalities intend to: a. Protect the unique and cherished historical, cultural and natural resources of b. Accommodate the needs of existing and future residents; and C. Implement effective growth management techniques to provide for the orderly and well-planned development throughout the region; and d. Address the specific needs and unique conditions of each municipality; and Direct infrastructure improvements to designated growth areas; and g. Protect and enhance the unique, nationally, regionally and locally significant h. Support the reuse and redevelopment of the Boroughs as major mixed-use Ensure the viability oft the agricultural lands and economy critical to the Nazareth Area, the Lehigh Valley and the Commonwealth of Pennsylvania. the region; and e. Encourage a range of housing; and recreational assets; and destinations for the Nazareth. Area region; and G. The purpose of this Intermunicipal Cooperative Implementation Agreement is to achieve D. The further purpose oft this Intermunicipal Cooperative Implementation Agreement is to comply with the provisions of Section 1104, Implementation Agreements, oft the MPC. the objectives cited in Section B above by implementing the Plan. SECTION IV: GOALS, OBJECTIVES AND POLICIES, AND IMPLEMENTATION ROLES AND A. The goals, objectives ahd policies of the Plan will help guide and shape new growth and development in the ten municipalities fori the next 25 years and beyond. The goals, objectives, policies and actions set forth int the Plan are reaffirmed by this agreement. RESPONSIBILITIES B. By adopting this agreement, the Municipalities hereby define their roles and responsibilities fori implementing the Plan. The Plan will be implemented by undertaking actions, as described int this agreement, that are consistent with the Plan. SECTIONV: ADOPTION OF CONFORMING ORDINANCES AND PLANS Within two years after adoption oft the Plan, each Municipality agrees to implement the Plan by adopting, amending or otherwise conforming its zoning ordinance and subdivision and land development ordinance to be generally consistent with the Plan. Additionally, each Municipality agrees to undertake a good faith effort to implement the Plan by adopting, amending or otherwise conforming its other relevant plans and ordinances as may be necessary to achieve general consistency with the Plan. These relevant ordinances and plans include the sewage facilities plan, the official map and other development regulations authorized by the MPC. Further, each Municipality agrees to undertake a good faith effort toi implement additional recommendations in the Plan, including, but not necessarily limited to, transportation improvements, park and open space improvements, sewer and water improvements, and historic resources improvements. Each municipality shall amend its Zoning Ordinance and Subdivision and Land Development Ordinance to require that any Zoning Ordinance or Subdivision and Land Development Ordinance amendments be submitted to the Nazareth Area Council of Governments Board of Directors for review. SECTION VI: ROLE OF NAZARETH AREA MULTI-MUNICIPAL COMPREHENSIVE PLAN Thè Nazareth Area Council of Governments Board of Directors shall serve as the Nazareth Area Multi-Municipal Comprehensive Plan Advisory Committee ("Advisory Committee")t for municipalities who have agreed to implement the muli-municipal comprehensive plan fort the Nazareth Area under this agreement. Each Municipality shall submit proposed ordinances, capital improvements, comprehensive plans, specific area plans, official maps or any proposed amendments thereto toi the Nazareth Area Mult-Municipal Comprehensive Plan Advisory A. Reviews. Advisory Committee shall conduct reviews and tasks mandated in Section 1104-Implementation Agreement oft the MPC in accord with the following guidelines: a. General Consistency Guidelines. When evaluating ordinances, comprehensive plans, capital improvements plans or any amendments thereto for' general consistency," Advisory Committee shall determine ift there isa" "reasonable, rational, similàr connection or relationship" between the plan, map(s), regulation(s) or ordinance and the provision(s) oft thel Plan. To be generally consistent, any plan(s), map(s), regulation(s) or ordinance(s) submitted to the Advisory Committee shall bei in accord with provisions oft the the amount, location, density, intensity, character and timing of ADVISORY COMMITTEE Committee for review. Plan regarding the following: future land uses; 3 DRAFT: 7/17/23 Nazareth Mult-Municipal Comprehensive Plan Intermunicipal Cooperative impementatonAgeement ii. preservation of natural and historic resources such as wetlands, aquifer recharge zones, woodlands, steep slopes, agricultural lands, floodplains, unique natural areas, historic sites and features; ii. provision of adequate housing opportunities with a variety of iv. location, timing and character of transportation facilities, community facilities, including water, sewer, stormwater, parks, recreation and housing types and densities; other utilities. b. Advisory Committee shall provide review comments tot the submitting municipality with a copy to the other municipalities in the Plan. B. Annual Report. Advisory Committee shall review the annual report of the Lehigh' Valley Planning Commission. SECTION VII: ROLE OF THE MUNCIPALITIES A. Developments of Regional Significance. To create a procedure for the review of Developments of Regional Significance as defined in Section' VILB oft this agreement, the Municipalities agree to adopt the following amendments to their subdivision and land a. Add into SALDOS a definition of a "Development of Regional Significance", which uses the exact same wording contained in Section VII.B ofthis b. Add into SALDOS under the Preliminary Plan Submission Requirements, a requirement that developers and subdividers of land furnish either a statement that the plan does not have regional significance to the SALDO definition, or ifit does have regional significance, a signed letter showing the dates upon which copies of the plan and supporting documentation have been delivered to each of the other nine Municipalities. Copies of professional reviews shall also bet forwarded tot the other Municipalities upon receipt. In acting ont the subdivision and/or land development, the host Municipality shall consider the comments provided by the other Municipalities. C. Upon plan submission tot the host Municipality, the planning administrator or other designated municipal staff member shall verify, in accord with the SALDO definition of a development of regional significance, that the developer has correctly executed requirements of Section b above. Ifin accord, and all other municipal submission requirements are satisfied, the developer's plan shall be accepted for review by the Municipality. d. Upon receipt of a plan of regional significance that was submitted to another Municipality, the Planning Administrator shall add the plan to the agenda of the next available planning commission meeting and notify the members of development ordinances ("SALDO"): intergovernmenta agreement. the municipal governing body. B. Developments of Regional Significance. For purposes of this agreement, a development of regional significance shall be defined as' "any! land development that, because ofi its character, magnitude or location, will have substantial effect upon the health, safety or welfare of citizens in more than one municipality." . Determination of regional significance in the Nazareth Area shall be based upon the guidelines set forthi in Exhibit' "A" attached hereto, made a part hereof, and incorporated int this Agreement. Any Municipality may request the Advisory Committee to review a Subdivision or Land Development not meeting the definition of development of regional significance as set forth in Exhibit' "A" as it relates to maintaining the integrity of the Regional Muliti-Municipal Comprehensive C. Zoning Ordinance and Subdivision and Land Development Ordinance Amendments. To create a procedure for the review of Zoning Ordinance Amendments and Subdivision and Land Development Ordinance Amendments, the Municipalities agree to submit proposed Ordinance. Amendments to the Advisory Committee contemporaneous with transmission toi the Lehigh Valley Planning Commission and the respective Municipalities' Planning Commissions for Review following the guidelines as set forth in D. Other Municipalities. Upon receipt of subdivisions and land developments of regional significance, the other Municipalities should consider the proposal relative toi its effect upon the health, safety or welfare ofi its citizens. In considering these plans and ordinances, the other Municipalities may provide advisory comments and Plan. Section VI.A above. recommendations toi the host Municipality. SECTION VIII: MUNICIPAL PLANNING COMMISSIONS Each Municipality, except Chapman Borough, shall retain its own planning commission. Each municipal planning commission will review those subdivisions and land developments that are proposed within its own municipality, and then provide advisory comments toi its elected officials. Recommendations of the municipal planning commission should be guided by the Plan and be consistent with its goals, objectives, policies and actions. The municipal planning commissions shall continue to perform all actions and functions as authorized by the MPC. SECTION IX: MUNICIPAL ZONING HEARING BOARDS Each Municipality shall retain its individual zoning hearing boards. These boards shall carry out all functions as set forth in the MPC. In considering applications before it, the municipal zoning hearing board should be guided by the Plan and take actions consistent with its goals, objectives, policies and actions. SECTION X: MUNICIPAL ZONING Each Municipality retains the right to adopt and administer its own individual zoning ordinance and zoning map. Municipalities will seek to coordinate amendments with participating Nazareth Area local governments while retaining individual municipal rights. Two or more Municipalities may adopt and administer Joint Zoning Ordinances pursuant tot the provisions of the MPC at their discretion. DRAFT: 7/17/23 5 Nazareth Multi-Municipal Comprehensive Plan Intermunicipal Cooperative Implementation Agreement SECTION X:: MUNICIPAL SUBDIVISION AND LAND DEVELOPMENT ORDINANCES Subdivision and land development powers shall only be exercised by the Municipality in which the property where the approval is sought. Under no circumstances shall a subdivision or land development applicant be required to undergo mofe than one municipal approval process. SECTION XI: PLAN AMENDMENT PROCEDURES Any amendment tot the Nazareth. Area Muli-Municipal Comprehensive Plan and the redefinition of the Future Land Use Plan shall bei in accord with the provisions of this section and Article III Nazareth Area communities shall implement the procedures established pursuant to Section VI.A of this agreement. Any and all proposed amendments to the Plan and redefinitions of the above-cited areas shall be effective only upon approval by resolution by each oft the municipal governing bodies. Int the event that each of the municipal governing bodies do not approve the proposed changes, the Municipalities may avail themselves of the dispute resolution provisions oft the MPC. of Section XIlI. SECTION XI: DISPUTE RESOLUTION A dispute overi interpretation of the Plan, an amendment to the Plan or consistency of ordinances with the Plan may be resolved as follows: resolve the dispute amicably and informally. A. The disputing parties agree to first discuss and negotiate in good faith in an attempt to B. Ifthe dispute cannot be settled through direct discussions and good faith negotiations, the disputing parties shall utilize mediation provisions of Sections 602.1 and 908.1 oft the C.N Municipalities mutually covenant to make the best efforts to resolve disputes as they MPC as may be relevant. arise. SECTION. XIV: AMENDMENTS TO THE IMPLENMENTATION AGREEMENT A. Requirements. An amendment to this Implementation Agreement may be made only with the consent of all oft the Municipalities, each of which shall execute the amendment. B. Consistency with the Plan. No amendment to this Implementation Agreement shall be inconsistent with the Plan. Any amendment that is not generally consistent with the Plan shall be void. C. Notice of Amendment. At true and complete copy of every amendment of this Implementation Agreement shall be provided to each Municipality within ten (10) days of the full execution thereof or its effective date, whichever is sooner. SECTION XV: WITHDRAWAL AN Municipality may voluntarily withdraw from participation in this Implementation Agreement at any time after having been a participant for at least one year, provided that the participant shall give at least six months written notice to the Nazareth Area Municipalities and the Advisory Committee. SECTION XVI: ENFORCEMENT Any participant may enforce this agreement against any other participant in accordance with Section 2315 of the Intergovernmental Cooperation. Act, 53 Pa. C.S.A. SECTION XVI: SEVERABILITY The unenforceability of invalidity of any provision of this Agreement shall not affect the enforceability or validity of any other provision. IN WITNESS WHEREOF, and intending to be legally bound, the Municipalities have executed this Agreement on the date indicated below. BATH BOROUGH By:. Attest Date: BUSHKILL TOWNSHIP By: Attest Date: 7 DRAFT: 7/17/23 Nazareth Multi-Municipal Comprehensive Plan Intermunicipal Cooperative Implementation/ Agreement CHAPMAN BOROUGH By:. Attest Date: HANOVER TOWNSHIP, NORTHAMPTON COUNTY By:. Attest Date: LOWER NAZARETH TOWNSHIP By: Attest Date: MOORE TOWNSHIP By:. Attest Date: NAZARETH BOROUGH By:. Attest Date: STOCKERTOWN BOROUGH By:. Attest Date: TATAMY BOROUGH By:. Attest Date: UPPER NAZARETH TOWNSHIP By:. Attest Date: NAZARETH AREA COUNCIL OF GOVERNMENTS By: Attest Date: 9 DRAFT: 7/17/23 EXHIBIT 46A DEVELOPMIENTS OF REGIONAL SIGNIFICANCE Land Use Category Major Shopping Center Large Residential Developments Office Buildings Mixed-Use Devélopments Regional Entertainment or Resort Complexes Regional Recreatoncomplexes) Educational Facilities Medical Faclities Minimum Griteria Greater: than 200,000 square feet Greaterthan 300 dweling junts Greater than 100,000 square feet 50dwelling units All Greaterthan 100,000 square féetor 50,000 square feetand PMARAPROINCNA orplany All (including dormitories) Greaterthan? 100,000square feet Greater than 100,000 square feet Research and Development Facilitles Warhostelbsitis and Storage Facilities, Freight Facility, Local Freight Generator Regional Freight Center, Intermodal Freight Facility, or Port attracting or producing freight trips regardless of mode Generalndustria, Facilites Major Industrial and Office Parks ajo Redeve Mines and Related Activities Railways and Rail Facilities ower ants Landfills and other Solid Waste Facilities Greater than 250,000square) fectorany proposedde velopment ocated more Ma32beetrony an interstate principal arterlàls freeway or expressway interchange, defined! b/thePennsy,Nar Dépatmentof ransp funotional Classification: system banyproposed dève opment located outsideithe defined Development Areal as llustrated, nthe FuturelV/General Land UsePlan All Greater than 50,000 isquare eet Greater than 50 acres (phased or unphased) RiVe acres of 100,000 squarey feet All All Al ORDINANCEI NO. 23- AN ORDINANCE OF THE. BOARD OF SUPERVISORS OF THE TOWNSHIP OF HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA AMENDING THE TOWNSHIP OF HANOVER'S CODE OF CODIFIED ORDINANCES, CHAPTER 136. RESIDENTIAL RENTAL PERMITTING AND INSPECTION; SECTION 136-2 DEFINITIONS, TO. AMEND CERTAIN DEFINITIONS OF ITS ORDINANCE AND REPEAL ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH. WHEREAS, The Supervisors ofHanover' Township, Northampton County, Pennsylvania (the "Board"), under the powers vested ini them by the Sécond Class Township Code" of Pennsylvania as well as other laws oft the Commonwealth of] Pennsylvania, dol hereby enact and ordain the following amendments to the text ofthe Hanover Township CodeofCodified Ordinances (the "Ordinances"); and WHEREAS, the Board desires to, amend the, Ordinances by providing for amendments to its definitions to Residential Rental Inspection and Permitting within the Township. NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Board of Supervisors ofHanover Township, Northampton County, Pennsylvania as follows: SECTION 1. Chapter 136 Residential Rental Permitting and Inspections; $ 136-2 Definitions, 1S deleted in its entirety andi replaced as: follows: S 136-2 Definitions. As used in this Chapter, the following words shall have the following meanings. Ifa term is not defined in this chapter, but is defined in another existing Township ordinance, then that definition shall apply to this chapter. AGENT Any person designated by the ownerofaresidential rental unit whol has charge, care orc control ofs said residential rental unit. CERTIFICATE OF COMPLIANCE The certificate issued by the Code Official which evidences a satisfactory inspection under thej provisions oft this Chapter. CODE OFFICIAL The person or persons authorized by the Township to determine compliance with the provisions of this Chapter and to enforce the same. The Code Official shall include the Township Zoning and/or Property Code Officer as appointed or employed from time to time by the Township Board of Supervisors. CODES Any applicable parts of this Chapter, other codes or ordinances as adopted by the Township fromi time to1 time, statutes and any rules and regulations promulgated thereunder. COMMON AREA(S) Ini multiple-unit dwellings; space which is not part ofaresidential rental unit and which is shared with other occupants. of the premises whether they reside in residential rental units or not. Common areas shall be considered as part oft they premisès for purposes ofthis chapter. DWELLINGUNIT A uniti including but notl limited to a singler residence, double. houses, row! houses, townhouses, condominiums, apartment houses, hotel units, motel units and conversion apartments. A dwelling unit shall also comprise units ofindependent-lving facilities, assisted-living facilities, and dwelling units forn memory-impaired individuals. FEE The fee required to be submitted with the permit application as set by resolution of the Township Board of Supervisors from time to time. HOTEL UNIT or MOTEL UNIT Any room or group ofi rooms located within a hotel or motel forming a single habitable unit used ori intended to be used on at transient basis. MULTIPLE-UNITDWELLINGIS) Al building containing two or more independent dwélling units, including, but not limited to, double houses, row houses, townhouses, condominums, apartment houses hotels, motels, and conversion apartments. Multiple-dweling units shall also include independent-living facilities, assisted living-facilities. and those facilities containing. dwelling units for memory-impaired individuals. NOTICE OF VIOLATION or NOV A violation notice issued by the Code Official under this chapter. OCCUPANT Anindividual who resides in, but is not the ownèr of, ai residential rental unit. OWNER Any person, agent, operator, firm, corporation, partnership, limited liability company, limited liability partnership, association, other entity, property management group, or fiduciary holding or having legal, equitable OF other interest in any real property or otherwise having control of the property, including the guardian oft the estate ofa any such person andi the executor or administrator of such person's estate. When used in this chapter in a clause proscribing any activity or imposing a penalty, thet term as applied to corporations, partnerships, limited liability companies, limited liability partnerships, associations, othere entities, or] property management groups shall include each and every member, shareholder, partner (limited or general), director, officer and other individual having an interest in the entity, controlling or otherwise. PERMIT APPLICATION The zoning permit application required by $1 136-5 herein. PREMISES The real property on which a dwelling unit is located., RESIDENTIALRENTALUNIT A dwelling unit not occupied by the owner thereof. TOWNSHIP Hanover Township, Northampton County, Pennsylvania: UNIT A living area comprised of one or more rooms used for living, sleeping and habitation purposes and having its own. kitchen and sanitation facilities, all: arranged for occupancy by one or more persons. ZONING PERMIT 5: AJ permit issued in accordance with S 136-5ofthis chapter." SECTION2. All Ordinançes and parts ofOrdinances inconsistent herewith are. hereby repealed. SECTION3. Thè proyisions ofthis Ordinance shall be severable and ifany provision thereof shall be declared unconstitutional, illegal ori invalid, such decision shall not affect the validity ofa any oft the remaining provisions oft this Ordinance. Itis hereby declared as a legislative intent of the Township that this Ordinance would have been enacted had such unconstitutional, illegal or invalid provision(s) not been included herein. SECTION4. This Ordinance shall become effective within five (5) days of enactment. ENACTED AND ORDAINED at a regular meeting ofthe Board of Supervisors of the Township ofHanover, County ofNorthampton ont this day of 2023. ATTEST: BOARD OF SUPERVISORS, HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLYANIA By: By: CHRISTINA THOMAS, Secretary JOHN N. DIACOGIANNIS, Chairman HANOVER TOWNSHIP NORTHAMPTON COUNTY RESOLUTION 2023-27 WHEREAS, the Board of Supervisors of] Hanover Township, Northampton County, Pennsylvania ("Township") enacted a certain ORDINANCB: 23.2 on June 27, 2023, providing for certain incentives for Township Volunteers of] Fire Service, Fire Police and EMS organizations in the form ofreal property tax credits ("*Ordinance"); and WHEREAS, the Ordinance provides for the Volunteer Service Credit Program (the WHEREAS, the Ordinance provides for the Board of Supervisors to establish, by resolution, the annual criteria that must be met by the volunteers in order to qualify for tax "Program"); and credits under the Program; and hereinafter seti forth. WHEREAS, the Board of Supervisors now desires to set forth the annual criteria as NOW, THEREFORE, be it RESOLVED and it is RESOLVED that the Township of Hanover, Northampton County, Pennsylvania, hereby establishes the annual criteria that must be met by all volunteers in order to qualify for tax credits under the Program as follows: (1) Fire Service - Must meet ai minimum requirement of fifteen (15) drills and one (2) EMS - Must volunteer for fifty (50) EMS shifts of more than six (6)h hours annually and maintain a valid EMR certification or higher and any other required certification by hundred (100) calls annually; the Pennsylvania Department of Health (PAI DOH); (3) Fire Police - Must meet the minimum oft thirty (30) calls and two (2) Special (4) Administration -1 Must assist with company business, functions and fundraisers Events annually; and totaling sixty (60) hours per year. ENACTED and ORDAINED this 22"d day of August, 2023. ATTEST: HANOVERTOWASHITE, NORTHAMPTONG COUNTY By: By: Christina M. Thomas, Secretary/ireasurer John N. Diacogiannis, Chairman Board of Supervisors Hanover Township Memo To: From: CC: Date: Re: Board of Supervisors Jay Finnigan Zoning August 22, 2023 Sidewalks As you are aware it is the responsibility of Zoning to enforce various sections of our Codified Ordinances including Chapter 155. Streets and Sidewalks; Article II Construction of Curbs and Sidewalks and Chapter 168. Trees. Copies of both Chapters are attached Specifically, Chapter 155 S 155-14 Responsibilities of property owners. which states: [Amended 2-12-2002 by Ord. No. 02-01; 2-24-2009 by Ord. No. 09-0411 provided herein, the abutting property owner shall be responsible for: for your reference. Where curbs and/or sidewalks have been constructed pursuant to any of the regulations A. Repair, maintenance and replacement, if necessary, of the curb and/or sidewalk. Sidewalk repair, based on this requirement rests with the property owner whose responsibility is to maintain the Right-of-Way, face of curb to the inside edge of the sidewalk. $155-15. Violations and penalties. [Added 2-12-2002 by Ord. No. 02-01; amended 3-23-2021 by Ord. No. 21-2] A. Any person who violates or permits a violation of Article I, $S155-8t to 155-14A, B, and C, shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section oft this article that is violated shall also constitute a separate offense., Chapter 168. Trees. S 168-2 Powers of the Board of Supervisors in E.&F state: Power to require removal of diseased trees. The Board of Supervisors may, in conformance with this chapter and/or with the regulations adopted pursuant to this chapter, require owners of property to cut and remove any tree(s) afflicted with disease which threatens toi injure or destroy any shade tree or street tree in the Township. Power to require tree replacement. The Board of Supervisors may, in conformance with this chapter and/or with the regulations adopted pursuant to this chapter, require owners of property to replace any shade trees or street trees heretofore removed by them, whether removed at the direction or with permission of the Board of Supervisors by plan approval or permit, or by way of a violation of this chapter and regulations adopted E. F. pursuant hereto. S 168-7 Enforcement; costs. reads: A. Township ability to do work. Upon the failure of any owner to comply with an order of the Township, or Board of Supervisors, pursuant to this chapter, the Board of Supervisors may cause the work to be done and the Board of Supervisors may collect the cost thereof and the cost of collection from the owner of the property. B. Cost shall be a lien on property. The cost of such work and the cost of collection shall be al lien upon the premises from the time of the commencement of work, which date and costs shall be certified to by the Township Engineer and filed with the Township Secretary-Treasurer. C. Written notice of cost. Upon the filing of the Township Engineer's certification, the Township secretary-Ireasurer shall cause 30 days' written notice to be given to the person against whose property an assessment has been made, said notice to be given 2 by certified mail, return receipt requested. The notice shall state the amount of the assessment and the time and place of payment and shall be accompanied by a copy of the certification of the Township Engineer. D. Filing of municipal lien. The amount assessed against the real estate shall be a lien from the time of the filing of the certification with the Township, and if not paid within the time designated in the notice, a claim may be filed and collected by the Board of Supervisors in the same manner as municipal claims are filed and collected. S 168-8. Violations and penalties. reads: A. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by ai fine of not less than $100 nor more than $2,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Whenever such person shall have been notified by the Board of Supervisors or by service of summons in prosecution, ori in any other way, that he or she iso committing suchy violation, then after any such notification, any continuing violation shall constitute a separate offense punishable by like fine or penalty. B. Int the case of damage or destruction of a shade tree without approval of the Board of Supervisors, each tree damaged or destroyed shall constitute a separate violation of this chapter. Such fines or penalties shall be collected as prescribed by law. C. Payment of a fine for a violation shall not relieve the owner of the requirement to replace The Township ordinance which required the planting of a shade tree by the developer in many of our developments is now causing the sidewalks to crack and lift. When the misalignment reaches an unsafe height of 1 inch, Zoning notifies the property owner that the sidewalk needs repair or replacement, which may cause a financial hardship to the property owner. Additionally, due to the requirement to maintain the Shade Tree, the shade trees as required by this chapter. potential for future lifting of the sidewalk remains. 3 In 2023, YTD sixty-five (65) notices have been sent out requiring property owners to Fact: Currently in the Shade Tree Fund we have $92,791.32 as of June 30, 2023. This Recommendation: When the property owner is notified that the sidewalk needs to be repaired or replaced, the properly owner should be allowed to remove the shade tree and replace it with a tree from the approved Shade Tree list meeting all requirements noted. Once the sidewalk is repaired or replaced, the property owner can submit a copy of the sidewalk invoice and the replacement shade tree invoice. Once verifiedi that the sidewalk and tree are satisfactory to the Township. The property owner will be reimbursed three hundred and fifty [$350.00] towards the cost of the tree. Reimbursements to include any sidewalks repaired or replaced in 2023, as directed by the Township, or reviewed by the Township prior to repair or replacement meeting the requirements for repair or Up to $35,000.00 of the $92,791.32 can be used towards this initiative. Once the rectify this misalignment. will increase with future development ini the Township. replacement. $35,000.00 cap is reached, the program expires. 4 Since this provision was added to the Handbook in 2007, the employee has always received their Anniversary and Birthday in their 3rd year of employment. The change to the Handbook is to bring clarity to the issue. 5. Birthday & Anniversary Days Effective with an employee's second year of employment the employee will be awarded two additional days off with pay. They will be allowed to take their birthday and work anniversary day off. These days can be moved to either a Friday or Monday to allow for a longer weekend but must be taken in the week in which they occur. If the birthday occurs prior to the anniversary date, the birthday day off commences the following year. 5. Birthday & Anniversary Days Effective with the completion of an employee's second year of employment the employee will be awarded two additional days off with pay. They will be allowed to take their birthday and work anniversary day off in their 3rd year of employment. These days can be moved to either a Friday or Monday to allow for a longer weekend but must be taken in the week in which they occur. If the birthday occurs prior to the anniversary date, the birthday day off commences the following year. L b