September 20, 2022 Beth A. Bucko Assistant Secretary Township of Hanover 3630. Jacksonville Road Bethlehem, PA 18017-9302 Dear Mrs. Bucko: This correspondence is directed to your attention to inform you and the residents of Hanover Township that/will be resigning from the Board of Supervisors at the end of business on Friday, Serving the residents of Hanover Township, Northampton County since. January 2020 has been ap pleasure and honor. Please let me knowiflcan be of assistance in the future as my role and responsibilities are transferred to another resident of the Township. Further, Iwish you and all October 14, 2022. of our Township employees the best ini the future. Sincerely, Jeffrey Warren Supervisor Township of Hanover, Northampton County Cc: Board of Supervisors John. J. Finnigan, Township Manager TOWNSHIP OF HANOVER RESOLUTION NO. 2022-19 NORTHAMPTON COUNTY, PENNSYILVANIA A RESOLUTION OF THE. BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA, AUTHORIZING THE APPOINTMENT OF BRIAN BORTZ TO. FILL THE VACANCY OFA MEMBER OF THE BOARDOFSUPERVISORS OF THE. TOWNSHIP OF HANOVER CREATED BYTHE RESIGNATION OFJ JEFFREYM. WARREN WHEREAS, a vacancy ini the office ofTownship ofHanover Supervisors due to the WHEREAS, pursuant to $407 oft the Pennsylvania Second Class Township Code, the vacancy in the office of supervisors must be: filled within thirty (30) days of such vacancy by a resignation ofJeffrey M. Warren on October 14, 2022 has occurred; and resolution appointing a registered elector of the Township. NOW, THEREFORE, BEITI RESOLVED. AND. ITIS HEREBYRESOLVED by the Board of Supervisors of Hanover' Township, Northampton County, Pennsylvania, that: The Board of Supervisors of the' Township ofHanover hereby appoint Brian Bortz to fill the vacancy in the Office of Supervisors pursuant to the provisions of $407 ofthe Second Class Township Code. ADOPTED. AND. RESOLVED at a duly conducted meeting of the Board of Supervisors ofthe Township of] Hanover the 8TH day ofl November 2022. ATTEST: HANOVER TOWNSHIP NORTHAMPTON COUNTY BOARD OF SUPERVISORS By: By: Christina M. Thomas, Secretary John D. Nagle, President TOWNSHIP OF HANOVER RESOLUTION NO. 2022-19 NORTHAMPTON COUNTY, PENNSYLVANIA A. RESOLTIONOFTHE BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER, NORTHAMPION COUNTY, PENNSILVANLA, AUTHORIZING THE APPOINTMENTOF, BARRYCHECK TO. FILL THE VACANCYOFAI MEMBER OF THE BOARD OFSUPERVISORS OF THE TOWNSHIP OFHANOVER CREATED BYTHE WHEREAS, a vacancy in the office ofTownship of Hanover Supervisors due to the WHEREAS, pursuant to $407 ofthe Pennsylvania Second Class Township Code, the vacancy in the office ofs supervisors must be filled within thirty (30) days of such vacancy by a RESIGNATION OFJEFFREYM. WARREN resignation ofJ Jeffrey M. Warren on October 14, 2022 has occurred; and resolution appointing a: registered elector oft the Township. NOW, THEREFORE, BEITRESOLVEDA AND. ITIS HEREBY. RESOLVED by the Board of Supervisors of Hanover" Township, Northampton County, Pennsylvania, that: The Board of Supervisors ofthe Township of] Hanover hereby appoint Barry Check to fill the vacancy ini the Office of Supervisors pursuant to the provisions of $407 oft the Second Class Township Code. ADOPTED. AND. RESOLVED at a duly conducted meeting oft the Board of Supervisors oft the Township ofI Hanover the 8TH day of] November 2022. ATTEST: HANOVER TOWNSHIP NORTHAMPTON COUNTY BOARD OF SUPERVISORS By: By: Christina M. Thomas, Secretary John D. Nagle, President TOWNSHIP OF HANOVER RESOLUTION NO. 2022-19 NORTHAMPTON COUNTY, PENNSYLVANIA A RESOLUTIONG OF THE. BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER, NORTHAMPION COUNTY, PENNSYLVANIA, AUTHORIZING THE APPOINTAMENTOFMONA B. FINNIGANTO. FILL THE VACANCYOFA MEMBER OF THE. BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER CREATED BY WHEREAS, a vacancy in the office ofTownship ofHanover Supervisors due to the WHEREAS, pursuant to $407 oft the Pennsylvania Second Class Township Code, the vacancy in the office of supervisors must be filled within thirty (30) days of such vacancy by a THE RESIGNATIONOFJEFFREYM. WARREN resignation of Jeffrey M. Warren on October 14, 2022 has occurred; and resolution appointing ai registered elector ofthe' Township. NOW, THEREFORE, BE ITRESOLVEDAND. ITISI HEREEYRESOLVED by the Board of Supervisors of Hanover' Township, Northampton County, Pennsylvania, that: The Board of Supervisors of the Township ofHanover hereby appoint Mona B. Finnigan to fill the vacancy in the Office of Supervisors pursuant to the provisions of $407 ofthe Second Class Township Code. ADOPTED AND. RESOLVED at a duly conducted meeting of the Board of Supervisors ofthe Township of] Hanover the 8TH day of November 2022. ATTEST: HANOVER TOWNSHIP NORTHAMPTON COUNTY BOARD OF SUPERVISORS By: By: Christina M. Thomas, Secretary John D. Nagle, President TOWNSHIP OF HANOVER RESOLUTION NO. 2022-19 NORTHAMPTON COUNTY, PENNSYLVANIA A RESOLUTION OFTHE. BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER, NORTHAMPION COUNTY, PENNSILVANIA, AUTHORIZING THE APPOINIMENT OFSTEPHEN, R.SALVESEN1 TO. FILL THE VACANCY OFAI MEMBER OF THE. BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER CREATED. BY THE. RESICMATONOFJEFPREZ M. WARREN WHEREAS, a vacancy in the office ofTownship ofHanover Supervisors due to the WHEREAS, pursuant to $407 oft the Pennsylvania Second Class Township Code, the vacancy in the office of supervisors must be filled within thirty (30) days of such vacancy by a resignation of. Jeffrey M. Warren on October 14, 2022 has occurred; and resolution appointing ai registered elector oft the Township. NOW, THEREFORE, BE ITRESOLVED. AND. ITIS HEREBYI RESOLVED by the Board of Supervisors of Hanover Township, Northampton County, Pennsylvania, that: The Board of Supervisors oft the Township ofHanover hereby appoint Stephen R. Salvesen to: fill the vacancy in the Office of Supervisors pursuant to the provisions of $407 oft the Second Class Township Code. ADOPTED AND. RESOLVED at a duly conducted meeting oft the Board of Supervisors oft the Township ofl Hanover the 8TH day of November 2022. ATTEST: HANOVER TOWNSHIP NORTHAMPTON COUNTY BOARD OF SUPERVISORS By: By: Christina M. Thomas, Secretary John D. Nagle, President TOWNSHIP OF HANOVER RESOLUTION: NO. 2022-19 NORTHAMPTON COUNTY, PENNSYLVANIA ARESOLUTION OF THE. BOARD OFSUPERVISORS OF THE. TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYL/ANIA,4UTHORIZING THE APPOINTMENT OFI RASHMIA SETH TO. FILL THE VACANCYOFA MEMBER OF THE BOARD OFSUPERVISORS OF THE TOWNSHIP OFHANOVER CREATED BYTHE WHEREAS, a vacancy in the office ofTownship of] Hanover Supervisors due to the WHEREAS, pursuant to $407 oft the Pennsylvania Second Class Township Code, the vacancy in the office ofs supervisors must bei filled within thirty (30) days ofs such vacancy by a RESIGNATIONOFJEFFREYM. WARREN resignation ofJeffrey M. Warren on October 14, 2022 has occurred; and resolution appointing a registered elector oft the Township. NOW, THEREFORE, BEITRESOLVED, AND. ITIS HEREBYRESOLVED by the Board of Supervisors ofHanover Township, Northampton County, Pennsylvania, that: The Board of Supervisors ofthe' Township of] Hanover hereby appoint Rashi Sethi to fill the vacancy in the Office of Supervisors pursuant to the provisions of $407 oft the Second Class Township Code. ADOPTED. AND. RESOLVED at a duly conducted meeting oft the. Board of Supervisors oft the Township of] Hanover the 8TH day of November 2022. ATTEST: HANOVER TOWNSHIP NORTHAMPION COUNTY BOARD OF SUPERVISORS By: By: Christina M. Thomas, Secretary John D. Nagle, President TOWNSHIP OF HANOVER RESOLUTION NO. 2022-19 NORTHAMPTON COUNTY, PENNSYLVANIA ARESOLUTION OF THE. BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANI4, AUTHORIZING THE APPOINTMENT OF WILLIAM? 7STOERRLE. JR: TO. FILL THE VACANCYOFA MEMBER OF THE. BOARD OF, SUPERVISORS OF THE. TOWNSHIP OFHANOVER CREATED BY7 THE. RESIGNATIONOF. JEFFREYM. WARREN WHEREAS, a vacancy in the office ofTownship of] Hanover Supervisors due to the WHEREAS, pursuant to $407 oft the Pennsylvania Second Class Township Code, the vacancy in the office of supervisors must be filled within thirty (30) days of such vacancy by a resignation ofJeffrey M. Warren on October 14, 2022 has occurred; and resolution appointing ai registered elector oft the Township. NOW, THEREPORE, BE ITRESOLVEDAND, ITIS HEREBY. RESOLVED by the Board of Supervisors of] Hanover Township, Northampton County, Pennsylvania, that: The Board of Supervisors oft the Township ofl Hanover hereby appoint William T. Stoerrle Jr. to fill the vacancy ini the Office of Supervisors pursuant to the provisions of $407 of the Second Class Township Code. ADOPTED. AND RESOLVED at a duly conducted: meeting ofthe Board of Supervisors ofthe Township of Hanover the 8TH day of] November 2022. ATTEST: HANOVER TOWNSHIP NORTHAMPTON COUNTY BOARD OF SUPERVISORS By: By: Christina M. Thomas, Secretary John D. Nagle, President TOWNSHIP OF HANOVER RESOLUTION NO. 2022-19 NORTHAMPTON COUNTY, PENNSYLVANIA A RESOLUTION OF THE. BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER, NORTHAMPION COUNTY, PENNSLVANIA, AUTHORIZING THE APPOINTMENT OFI DALE TRAUPMAM TO. FILL THE VACANCY OFA MEMBER OF THE. BOARD OF SUPERVISORS OFTHE: TOWNSHIP OF HANOVER CREATED. BY WHEREAS, a vacancy ini the office ofTownship of Hanover Supervisors due to the WHEREAS, pursuant to $407 of the Pennsylvania Second Class Township Code, the vacancy in the office of supervisors must be filled within thirty (30) days ofs such vacancy by a THE RESIGNATIONOFJEFFREYM. WARREN resignation of Jeffrey M. Warren on October 14, 2022 has occurred; and resolution appointing ai registered elector oft the Township. NOW, THEREFORE, BE ITRESOLVEDAND ITIS HEREEYRESOLVED by the Board of Supervisors ofHanover Township, Northampton County, Pennsylvania, that: The Board of Supervisors ofthe Township ofH Hanover hereby appoint Dale Traupman to fill the vacancy in the Office of Supervisors pursuant to the provisions of $407 of the Second Class Township Code. ADOPTED. AND. RESOLVED at a duly conducted meeting oft the Board of Supervisors ofthe Township of Hanover the 8TH day ofl November 2022. ATTEST: HANOVER TOWNSHIP NORTHAMPTON COUNTY BOARD OF SUPERVISORS By: By: Christina M. Thomas, Secretary John D. Nagle, President TOWNSHIP OF HANOVER RESOLUTION NO. 2022-19 NORTHAMPTON COUNTY, PENNSYLVANIA Al RESOLUTIONOF: THE. BOARD OFSUPERVISORS OF THE TOWNSHIP OF HANOVER, NORTHAMPTONG COUNTY, PENNSILVANLA, AUTHORIZING THE APPOINTMENT OFDAVID, A. ZULLO TO FILL THE VACANCYOFA MEMBER OF THE. BOARD OFSUPERVISORS OF THE TOWNSHIP OFHANOVER CREATED. BY WHEREAS, a vacancy in the office ofTownship ofHanover Supervisors due to the WHEREAS, pursuant to $407 oft the Pennsylvania Second Class Township Code, the vacancy in the office of supervisors must be filled within thirty (30) days of such vacancy by a THE. RESIGNATIONOFJEFFREYM. WARREN resignation ofJeffrey M. Warren on October 14, 2022 has occurred; and resolution appointing ai registered elector of the Township. NOW, THEREFORE, BEITRESOLVED. AND. ITIS HEREEYRESOLVED by the Board of Supervisors of Hanover Township, Northampton County, Pennsylvania, that: The Board of Supervisors oft the Township ofl Hanover hereby appoint David. A. Zullo to fill the vacancy in the Office of Supervisors pursuant to the provisions of $407 oft the Second Class Township Code. ADOPTED. AND RESOLVED at a duly conducted meeting of the Board of Supervisors oft the Township ofHanover the 8TH day ofl November 2022. ATTEST: HANOVER TOWNSHIP NORTHAMPTON COUNTY BOARD OF SUPERVISORS By: By: Christina M. Thomas, Secretary John D. Nagle, President BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 John J. Finnigan, Jr., Township Manager Yvonne D. Kutz, Zoning Officer- -B.C.O. October 26, 2022 To: Board of Supervisors John J. Finnigan, Jr Christina! Thomas Jim Broughal, Esq. Brien Kocher, HEA Planning Commission Conditional Use Applicant: Zoning District: RE: L Wellness LLC Property location: 81 Highland. Ave P.I.B.D. (Planned Industrial Business District) Enclosed is a copy of the conditional use application received October 26, 2022, from L.Wellness LLC in order to occupy approximately 4909 sq ft to operate a Personal Service Shop at 81 Highland Ave.. Notice ofhearing tol be scheduled by the Board of Supervisors. Voone D. Katz HANOVER DECEIMED TOWNSHIP, Northampton County 3630 Jacksonville Rd, Bethlehem PA 18017 Phone 610-866-1140 Fax 610-758-9116 APPLICATION FORACONDITIONAL USE OCT 26_2022 Application is made this 5th day of October 20_ 22 by the undersigned" HANOVER foraConditional TOWNSHIP Use Pursuant tot the terms and provision of the Hanover Township Zoning Ordinance, as amended. PROPERTY INFORMATION flocation ande existing conditions for whicha aspecialg permit is being applied); Tax Parcel No.:, M6-15-10H-0214 Current Zoning District of property:. 1. Address of property for which Conditional Use is requested: 81 Highland Avenue, Suite 240 Bethlehem, PA 18017 (NOTE: Suite 240 is 4,909 square feet) PIBD 2. (a) The Dimension of the land area are:. (b) The real estate contains 450.15f.x750ft. 337,612.5 square feet PIBD 3. The real estate in questioni is presently classified under the HanoverTownship Zoning Ordinance: as: (a) The real estate is presently used: fort the purpose of: General office space (b) and contains buildings and other improvements consisting of (ifi real estate is vacant land, so note): The office building is 75,205 square feet. 81 HIGHLAND PARTNERS, L.P II. OWNERINFORMATION 1. Owner of property:. Address Telephone (215)628-2200 (all parties tot the title must bel listed, attach additional pagei ifneeded) 790 Penllyn Blue Bell Pike Suite 200, Blue Bell, Pennsylvania 19422 *81 Highland Partners, LPI is a subsidiary of Franklin Realty Co., sharing the Blue Bell office space II. APPICANINFOEMAION (herein after known at the "Petitioner"? 1. Applicant (if different from Owner). LI Wellness, LLC Telephone (484) 695-7388 (all parties must bel listed, attach additional page ifneeded) 4556 Greenfield Rd, Bethlehem, PA 18017 Address 2. IfApplicant is not the owner, state Applicantsauthority to submit this application 3. Attorney representing Petitioner:. RONALD E. CORKERY, ESQUIRE Telephone (610) 437-9867 Address 352 Fifth Street, Suite A' Whitehall, PA 18052 4. Petitioner appeals or makes application from the order, requirement, decision or determination of the follows: (quote, or if insufficient space, attach additional page). This is the initial submission Zoning Administrator or other Township Official made on 20_22, which was as 5. 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 ofy your Petition). LWellness is a personal service business per 185-35D(10). Zoning relief has been requested for sections 185-54 E.(5)b)[1] & 185-54 E.(5)(b)I2). This personal service business is compliant with 185-54 E.(5)(b)r3] &[41. *See attached* 6. The Conditional Use requested and the newi improvements desired tol be made as follows: (a) Building(s) tol bee erected: (b) Building(s) to be changed: 81 Highland Avenue suite 240 is to be remodeled. (c) Building(s) to be used for: Suite 240 is proposed for a personal service estnetics/massage). Personal service is an allowed conditional use per 185-35D(10). All other tenants are general business offices. 7. The plot plan, drawings, sketches and other exhibits attached hereto are made a part hereof. Please include 8. Petitioner believes that the exceptions, variance, Conditional Use or other relief requested should be granted for1 thet following reasons: (attach additional sheet ifr necessary) Applicant is a personal service business, and personal service is an allowed conditional use in al PIBD zoning district per 185-35D(10). 22 copies of the petition and alli these attachments. *See Attached". ATTACMAABNT AND PLAN 9. Petitioner agrees to comply with all provisions of the Hanover Township Zoning Ordinance and is aware that 10. 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 in full within twenty (20) days from the date of the initial Board of Supervisors Hearing, then the Board may deny such application, with or without prejudice to the: applicant. 11. Wherever additional information is requested by the Board of Supervisors, and leave to submit additional information is specifically granted by the chairman of the Board of Supervisors, then in consideration of the Board's forbearance in notr refusing the application at the conclusion oft 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 for decision specified in any Ordinance oft the' Township, byt the same number of days which the Board's consideration of the Petition was delayed by failure on the part of Petitioner to submit additional the Ordinance provides for penalties for violations of its provisions. information requested. NOTE: All Petitioners must sign at least one must sign in the presence of a person capable Liufluer SRHAFTCONR Bbne Petitioner 0o-DIUNERE FLWELNESE KLC ofadministering an oath (see below) hautfluctp (SEAL) RuTpss RLLEISEAy (SEAL) (SEAL) NOTE: Thei following affidavit must be taken before al Notary Public or other appropriate official by one of the Petitioners. ORINDVDIALPITTONR: COMMONWEALTH OF PENNSYLVANIA ) )ss: ) 20 before me,. COUNTY OF ONTHIS, the personally appeared, day of_ thew undersigned officer, withini instrument, and known to me (or satisfactorily proven) to be thej person_ whose name_ (is)(are) subscribed to the acknowledged that he_ executed thes same for thej purposes therein. IN WITNESS HEREOE,Ihereunto set my hand and official seal. (SEAL) Signature oft the Petitionert taking affidavit Sworn to and subscribed before me This. day of 20_ NOTARY: PUBLIC FOR CORPORATE: PETITIONERS: COMMONWEALTH OF PENNSYLVANIA ) )ss: ) COUNTYOF Lohighn ONTHIS, the OSdyofckdote 2022, before me, Nuelelepez who acknowledged nerself to be the majaity Mwer personally appeared,. I iLAess LC LAVPAn ANN UANPL thet undersigned officer, of a corporation, and that She as such authorized to do so, executed the foregoing instrument for the purposes therein contained mritgawer by signing the name oft being the corporation by herselfas_ majaity Laner INI WITNESS WHEREOF, Ihereunto set my hand and official seal. Laefuv Signature of the Petitioner taking affidavit (SEAL) Sworn to and subscribed beforeme This 05 dayofDobilzod AOOGNDA NORYFUBLIC Commonwealth of Ponnsyvanla-Notarys Seal Yvettel Lopez, NotaryPublic Lehigh. County Myc commission explresAp12,2023 number 1198092 Member, Commissiont Pennsylvanla Assoclation of Notaries ATTACHMENT TO CONDITIONAL USE APPLICATION 81 HIGHLAND AVE., BETHLEHEM, PA 18017 Submitted by LWeliness LLC APPLICANT INFORMATION, (herein ofterk known ar the vetitioner") 1. Applicant (if different from Owner). L Wellness, LLC Telephone (484)695-7388 (allp parties must be listed, attach additional page ifneeded) 4556 Greenfield Rd, Bethlehem, PA 18017 Address LWellness LLCI respectfully requests approval as a personal service business, an approved conditional use for al PIBD: zone. (Note: LWellness has submitted a petition for zoning variances, see below) LWellness offers state-of-the-art esthetics as well as massage services in one convenient location. Our esthetics philosophy is to provide highly effective services int the least invasive manner possible fori the treatment of acne and acne: scarring, visible signs of aging, and other skin concerns. Our lead esthetician has a master level certification from HydraFacial, their highest level achievable, andi isi the only master level HydraFacialist in the Lehigh Valley. Esthetics services, particularly using HydraFacial equipment and techniques, are in high demand and the field is expected to continue to grow over the next decade. Massage services are complementary to the fitness center already installed at 81 Highland Avenue by one of the existing tenants. 81 Highland Avenue is also the most convenient location for massage We toured several facilities in our search for the ideal location for LWellness. Our owners are thirty- year residents of Hanoverl Township, and our location search naturally focused on the township. Other locations we toured had inadequate square footage, poor natural light, water service that did not meet the standard needed for our services, insufficient parking spaces, or highway noise. 81 Highland Avenue addresses all those concerns. Plus, the second-fioor suite is unfinished and the floorplan can bet finished to our exact needs. There willl be no changes to the building or property beyond the fit-out of suite 240. LWellness will start with four employees (two estheticians, one massage therapist, and one receptionist) and increase the number of employees toi ten as we grow (six estheticians, two massage therapists, andt two receptionists). LWellnesswil!l bec open Tuesdayt through Fiday100am-700pm: and Saturday: 1o0am-2uopm.compatpe hourswithb buildingrules: andi wtneasingtemantsnous: LWellness! isa ac clean, quiet, potsonipaciethacdsaneprdserohbasadon, fire, dust, noise, vibration, heatorcold, dampness orextomgpwtismoranyataramatonthatwoud: adverselyaffect ther reasonablet usoflesmomdngacaoragpnngbasines: (per 185-20 Standards). Onthecontrary, ourp practice requiresac clean, indpasintmstsA servicest tob berendered. LWelnesshassubmitedaroirgeetionguestingrelefharance fromi thet followingr regulationsfor 1) 185-54 E.(5)(b)[1] The 81 Highland Ave. propertyi is within 1,0001 feet of properties that are zoned other than for personal service, specifically C-1,C-2, PHR, R1-U, LBD and OI (section of 2) 185-54 E.(5)(b)[2] The 81 Highland Ave. property's lot size of7.75 acres exceeds 53 acres services for Hanover Township residents. conditional use: zoning map: attached) 9/28/22, 8:48 AM RealQuest.com @- Report Property Detail Report For Property Located At: 81 HIGHLAND AVE, BETHLEHEM, PA 18017- Corelogic 9421 RealQuest Professional Owner Information Owner Name: Mailing Address: Vesting Codes: Location Information Legal Description: County: Census Tract/Block: Township-Range-Sedt: Legal Book/Page: Legal Lot: Legal Block: Market Area: Neighbor Code: Owner' Transfer Information Recording/Sale Date: Sale Price: Document: #: Last Market Sale Information Recording/Sale Date: Sale Price: Sale Type: Document: #: Deed" Type: Transfer Document: #: New Construction: Title Company: Lender: Seller Name: Prior Sale Information Prior Rec/Sale Date: Prior Sale Price: Prior Docl Number: Prior Deed Type: Property Characteristics Year Built/Eff: Gross Area: Building Area: Tot Adj Area: Above Grade: #o of Stories: Other improvements: Building Permit Site information Zoning: LotA Area: Land Use: Site Influence: 81 HIGHLAND PARTNERS HILP HIGHLAND. AVE NORTHAMPTON,PA 177.04/1 10H 15 C227 7901 PENLLYNI BLUEI BELLE PIKE! #200, BLUE BELLI PA 19422-1658 C011 APN: Alternate. APN: Subdivision: Mapl Reference: Tract#: Schooll District: Schooll District! Name: Munic/Township: Deed Type: 1st Mtg Document: #: 1st Mtg Amount/Type: 1st Mtgl Int. Rate/Type: 1st Mtg Document #: 2nd Mtg Amount/Type: Price Per SqFt: Mult/Split Sale: M6-15-10H-0214 UPLANDS M61 02 BETHLEHEM, AREA HANOVER TWP 01/22016/11/92015 $3,200,000 1-5582 $2,560,000/CONV 1-5594 $3,915,000/CONV $42.55 SPECIAL WARRANTY DEED 2nd Mtg! Int. Rate/Type: COMMONWEALTH AGENCY INC AMERICAN BK GUARDIAN LIFE INS CO OF AMERICA /11/1993 $5,000,000 19933-3385 DEED (REG) Priorl Lender: Prior 1st Mtg AmtType: Prior 1st Mtg Rate/Type: 19801 75,205 75,205 Total Rooms/Offices Total Restrooms: Roof Type: Roof Materlal: Construction: Foundation: Exterior wall: Basement. Area: Acres: Lot Width/Depth: x Garage Area: Garage Capacity: Parking Spaces: Heat Type: Air Cond: Pool: Quality: Condition: County Use: State Use: Water" Type: Sewer Type: HEATED CENTRAL STEEL/HEAVY 14PIBD 337,590 7.75 OFFICE BLDGI IN INDUS PARK (410) PUBLIC PUBLIC SERVICE OFFICE BUILDING Res/Comm Units: I ptipoagmtcomppNwwasiassniA4900035416X4380X90 1/2 9/28/22, 8:48 AM Taxl Information Total Value: Land Value: RealQuest.com @- Report $1,715,000 $271,300 Assessed Year: 2022 Improved %: Tax Year: Property Tax: Tax Area: Tax Exemption: $124,268.90 02 84% 2022 Improvement Value: $1,443,700 Total Taxable Value: $1,715,000 htps-/prorealquesucomlgphmpar.sy7aacton-comlimsype-gateponiarecon.no-0éreponepions-0418643890306881684369003080 2/2 5543 i B stffedPuffsp PL 1 3X7 & Adler PI @ m AGVIAVTNE RW COUECTARI COMNERG LEHIGH PIBD (CILECK DRIVE NDUS IV (COLECTON) COMNVENCE OUTH PIBD U BETHLEMEM (COLECFOR) PIBD PARK MIOMLAND BUSI N E HOLIDAY INN PIBD BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 8 John. J. Finnigan, Jr., Township Manager Yvonne D. Kutz, Zoning Officer-B.C.O. October 14,2022 To: Board of Supervisors John. J. Finnigan, Jr Christine Thomas Barbara Baldo Joseph Moeser Brian Dillman Ted Lewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA RE: Zoning Petition: 22ZHB23 Property location: 1439. Roselawn Dr Applicant: Edgar F. & Frances JJ Johnson Zoning District: R1-S, Residential Suburban Zoning District Enclosed is a copy of the application received October 14, 2022, requesting relief from the provisions oft the Ordinance for setback and maximum lot cover: for additional patio constructed on a non-conforming lot. Due to Conflict with Holidays the next meeting is scheduled for December 8, 2022. Notice of Hearing to follow. Yvonne D. Kabz DECIMED HANOVER TOWNSHIP, Northampton County 3630 Jacksonville Rd, Bethlehem PA 18017 Phone 610-866-1140 Fax 610-758-9116 OCT 142 2022 HANOVEA TOWNSHE PETITION da ZHB023 NOTICE: This Petition, in order tol be acted upon byt the Zoning Hearing Board must bef fully,completed in accordance withi the instructions to applicant."F Failure to do SO will result ina a denial oft the Petition without refund of your filing fee. Application is made this LE day of October 20 22 PROPERIY/INFORMATIOM flocation ande existing conditions fors whichas special permit is being applied!: 1. Address of property for which a: special permit is requested:. 1439 Roselawn Drive, Hanover Township, Northampton Countv. PA; 2. Tax Parcel No.: N6NW4 9 1B 0214 3, Current Zoning Classification: R1-S 4. The Dimension oft thel land area are: 65.43x120.27 5. The real estate contains. 7869 Residence square feet. 6. The real estate in question is presently classified under thel Hanover Townshipz Zoning Ordinance as; (a) The real estate is presently used for the purpose of: Single family residence (b) and contains buildings and other improvements consisting of (ifr real estate is vacant land, sO1 note): See attached survey II. OWNERI INFORMATION 1. Owner of property: Edgar F. & Frances J.. Johnson Address 1439 Roselawn Drive, Bethlehem. PA 18017 Telephone (570) 676-9308 (ally parties to the title must bel listed, attach additional, page ifneeded) III. APPICANINFORMAION (herein after known at the "Petitioner"l 1. Applicant ("Petitionerls)"). Edgar F. & Frances J. Johnson Address 1439 Roselawn Drive. Bethlehem. PA 18017 2. Petitioner ist the (check one ormore) Telephone. (570)676-9308 (allp parties must be listed, attach additional page Ifneeded) VOwner Occupant LJAgent for: JOther: 3. Attorney representing Petitioner(S): Paul J. Harak, Esquire Address 1216Linden Stréet, Bethlehem, PA 18018 4. Petitioner: (check appropriate action) Telephone (610) 867-5023 Hereby appeals from the decision oft the Zoning Administrator, or other township Official; or Hereby applies for as special, exception or permit, or variance, from thet terms of the Zoning Ordinance; or 5. Petitioner appeals or makes application from the order, requirement, decision or determination of the Hereby applies for: Zoning Administrator on other Township Official made on follows: (quote, or ifinsufficient space, attach additional page). 20 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 tot the consideration ofyour Petition). See attached. 7. The variance or exception requested and the new improvements desired to be made as follows: (a) Building(s) to be erected:, N/A (b) Building(s) to be changed: N/A (c) Building(s) to be used for: N/A 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 thel 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 in full within twenty (20) days from the date of the initial Board of Supervisors Hearing, then the Boardmay deny 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 byt the chairman of the Zoning Hearing Board, then in consideration oft the Board's forbearance in not refusing the application ati 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 considération of the Petition was delayed by failure on the part of Petitioner to submit 22 copies oft the petition'a and all these attachments. granted fort the following reasons: (attach: additional sheet if necessary) the Ordinance provides for penalties for violations ofi its provisions. additional information rèquested. NOTE: All Petitioners must sign at least one must sign int the presence of a person capable ofa administering an oath (see below) Petitioner (SEAL) Bdgarf. Frances J. Jgnpgon Es (SEAL) (SEAL) (SEAL) (SEAL) NOTE: Thei following affidavit must bet taken before a Notary Public or other appropriate official by one of the Petitioners. FOR INDMVDLALPFITIONERS COMMONWEALTHOR PENNSYLVANIA ) )ss: ) COUNTYOF R.G ONTHIS, the Ldayof October Naney m St Ato 20_22, before me, EbeA-FSeMwseN the undersigned officer, personally appeared, Edgar F.. Johnson and Frances J. Johnson acknowledged that theyexecuted thes same for the purposes therein. known to me (or satisfactorily proven) to be the persons whose names (is)(are). subsçribed to the within instrument, and IN WITNESSI WHEREOF, Ihereunto: set myl hand and official seal. Ppny -LalsEAU) Signatureo ofthe Petitioneri taking affidavit Sworn to ands subscribed before me This_ k* day of October 20 22. fonym NOTARY PUBLIC Commoriwealth of Pennsylvania Notary Seal Nancy M. Staton, Notary Publlc Pike County My commissione expires! May6,2023 Commisionnumber Member, PemnyvanliaAssolmton: of Notarles Mialer 1290444 FOR CORPORATEPFTTIONERS COMMONWEALTHOP PENNSYLVANIA ) )ss: ) COUNTY OF. ONTHIS, the_ personally appeared, who acknowledged corporation by. selfas dayjof_ 20_ before me, the undersigned officer, self to be the of being a corporation, and that he as such authorized to do SO, executed. the foregoing instrument for the purposes therein contained by signing the name of the IN WITNESS WHEREQE, Ihereunto set my hand and official seal. (SEAL) Signature oft the Petitioner taking affidavit Sworn to and subscribed before me This dayo of 20 NOTARY PUBLIC W:lmisclDocs elvphuemimpgzyanmson-arativepd 6. Applicant seeks a variance to retain a patio/concrete deck that already exists. The patio/concrete deck encroaches the rear yard setback for the property. Also, the maximum impervious coverage pursuant to the Zoning Ordinance is 338 and Applicant has coverage of approximately 418. Applicant seeks two dimensional variances to allow the excess of impervious coverage and the patio/concrete deck. Ordinance are: A. B. C. D. F. The applicable Sections of the Zoning 185-25C. 185-25C. (5)i 185-25C. (5)(a); 185-26F.i and 185-26F. (2). Applicant's lot is a nonconforming undersized lot. The parcel is. unique due to its shape and size and the hardships are due to these conditions. The variances are necessary to enable the reasonable use of the property and the hardship has not been created by the Applicant. The variances, if authorized, will not alter the essential character of the residential neighbor nor substantially or permanently impair the appropriate use or development of adjacent properties nor be detrimental to the public variances that will afford relief and will represent the least welfare. The variances, if authorized, will be the minimum modification possible of the Ordinance. IMPERVIOUS COVER CALCULATIONS: TOTALI IMPERVIDUS INCLUDINGE BUILDING, DRIVEWAY, CONCRETE, PLASTIG. PLYWOOD, BLOCK. ANDS SHEOAREAS: TOTAL LOTAREA: LOOSEV WHITE GRAVEL AREAS: COMBINED: 3/41 in. Iron pipe fd ROSELAWN DRIVE (56 FT WIDE) 3202.9SQ.FT =786950.FT -4075-OFLOTAREA 59%OFLOTAREA 465X-OFLOTAREA UNDERWHITE GRAVELI ISUNKNOWN. N70"2730E7 75.39 5/8 In. rebar fd N 70'27'30"E 70,50' (D) 75.50' TOTAL (D) N70-27'30"E 65.43 N_702750"E 65.50' (D) T5(o) 570350.F7. WALKAPORCH PPER BECIEIVE OCT142 2022 HANOVER TOWNSHIP mTTTY 21160F 1122,7SQ.FT. MAINBUILDING FOOTPRINT WODOPUJA. 1439 ROSELAWN DR DEED 2015-1-17096 (2-PARCELS) 450.FT. CHEVALIER 1433 ROSELAWN OR DEED 2020-1.032826 613 N 541.150.FT. SUNROOM PLANTING BED 1113 111 TYPICAL LOT MUMBER AND uor UNE FROM WESTGATE HELLS PLAN (19-46). RECORDED AT NORTHMPION COUNT MAP BOOK 12, PAGE 33. 7869.0 SQ.F FT. LOT AREA 0.53 NAIL SETP EDVALL BED WTE 21,360. FT.. 15350FF HITEGRAVEL 125280.FT. 297 7027'30" W 65.50 (D) 2.91 S70*27'30" W 65.43" WISSER 1438 WESTGATE DR DEED 2002-1_336907 pink capped reiar set S 70'27'30". w 70.50 (D) S70-2730"W 75.39 374in iron pipe BAEYEN 1444 WESTGATE DR DEED 2019-1_216888 5 found laying fiot und reset BIRCHMEIER 1432 WESTGATE DR DEED 2001-1.194045 THE SURVEY DEPICTED HEREON HAS BEEN CONDUCTED DIRECTLY BY RICHARD 0 F. WALDRAFF, PLS (PA SU05167BE). AND MEETS OR EXCEEDS THE LOCAL STANDARDS OF CARE, THE MEASUREMENTS FOR WHICH, ARE COMMENSURATE WIH THE PROPER USE OF A SPECTRA PRECISION FOCUS 35 3-SECOND THIS SURVEY DEPICTS BOUNDARY LINES, ASSOCIATED EMDENCE AND IMPERMOUS TOPOGRAPHY AND IMPERMIOUS COMPUTATIONS AND IS SUBJECT TOT THE FINDINGS OFA TITLE SEARCH AND PA ONE-CALL FOR UTUTIES. DWG. NO. 22028SP BYOATE REVISIONS REMEION SITE PLAN SHOWING IMPERVIOUS LOT COVER AND COPYRIGHT 2022 BY RICHARD RESERVED. F. WALDRAFF, UNAUTHORIZED PLS, DBA WALDRAFF DUPLICATION LAND OF THIS SURVEMING. ALL RIGHTS PURPOSES OTHER THAN INTENDED USE OR ORIGINAL USE IS DOCUMENT FOR ORIGINAL DOCUMENT THE PROHIBITED. CONTAINING THE SHOULD BE VERIFIED AGAINST THE GRIGINAL ELECTRONIC TO MODIFY DATE OF 2022-10-07-1.22 CONTAINS NOTHING PRIOR RELIANCE. THIS WALDRAFF LAND SURVEYING RICHARD F. WALDRAFF, PROFESSIONAL LAND SURVEYOR P. O. BOX 507, BETHLEHEM, PA 18016--0507 Web:www.waldraffourveying.com E-mail: Miceadiotaunepymgcen PDF. PRINTED SIGNATURE BEARING INCH 10 FEET (ANSI C-SIZE) SURVEY DATE: 17 AUG. 2022 COPIES NOT RECORD LINEAR UNITS: US FEET LOCAL IS AN ELECTRONIC ANO SURVEYORS RAISED SEAL ORIGINAL VERSION HAND DRAF TED. ROBOTIC TOTAL STATION. TTLE SOURCE: NC 2015-1_17096 TAXF PARCEL ID: NCN DATE: N6NW4 AUGUST 91B 2022 SHEET 1 OF 1 BOUNDARY RETRACEMENT SURVEY ON LANDS NOW OR FORMERLY OF EDGAR F. & FRANCES J. JOHNSON 1439 ROSELAWN DRIVE, HANOVER TOWNSHIP NORTHAMPTON COUNTY, PENNSYLVANIA NDISONS 610-694-9224 BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax 610.758.9116 John J.I Finnigan, Jr., Township Manager Yvonne D. Kutz, Zoning Officer - B.C.O. October 10, 2022 To: Board of Supervisors John J. Finnigan, Jr Christine Thomas Barbara Baldo Joseph Moeser Brian Dillman Ted Lewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA RE: Zoning Petition: 22ZHB22 Property location: 5340 Stenton Drive Applicant: Rosalia Randazzo Zoning District: RI-S, Residential Suburban Zoning District Enclosed is a copy ofthe application received October 10, 2022, requesting relief from the provisions oft the Ordinance for setback and maximum lot cover for additional patio with gazabo being constructed on the premises. Due to our meeting conflicting with the Thanksgiving Holiday, the hearing is tentatively scheduled' Thursday, November 17,2022. Notice of Hearing toi follow. Yvone D. Kabz HANOVER DCEVE TOWNSHIP, Northampton County!l 3630 Jacksonville Rd, Bethlehem PA 18017 Phone 610-866-1140 Fax 610-758-9116 OCT 102022 MANOVER TOWNSHIP PETITION 232630 NOTICE: This Petition, in order to be acted upon byt the Zoning Hearing Board must bei fully completedi in accordance with the 'instructions to applicant."Failure to do SO will result in a denial of the Petition withoutrefund ofyourfi filing fee. Th Application is madei this 0 day of_ Qclober 2022- PROPERTY INFORMATION flocation and existing conditions for whichaspecial permit is being applied): 1. Address of property for which as special permit is requested: 5340 Sresslow Drive, 3. Current Zoning Classification: Ri- S Suburbew Resilewdis Berhichem, PA 18017 2. Tax Parcel No.: L6-1S-10-129 03,4 4. The Dimension of the land area are: 167.8s' K ao. 5. The real estate contains 16, 869 Resiswk square feet. . The real estate in question is presently classified under the Hanover Township Zoning Ordinance as: (a) Thé reale estate is presently used fort the purpose of: SiNs le Bemiy Dwelling - (b) and contains buildings and other improvements consisting of (ifr real estate is vacant land, sO note): DwcMsS paabpatia apa Gagebe 1. Owner of property:. Rosskie Randazze Address 53M6 STENTON Drive. Bethleken PA 18617 II. OWNER INFORMATION Telephone Lo520-274 (all parties to thet title! must be listed, attach additional page ifneeded) IlI. APPLICANT INFORMATION, (herein after known att the "Petitioner") 1. Applicant etonResalis Payècile Address $340 STCNTON Drne Bethleken, PA (sG.7 Occupant Agent for: Telephone Gi6.: $75-271 (allparties must bel listed, attach additional page ifneeded) 2, Petitioner is the (check one ormore) XOwner Jother: 3. Attorney representing dahSpuse 5 TapolateIy Address 412 w 13rG-é Sr. 4. Petitioner: (check appropriate action) Befhickem, PA 18518 Hereby appeals fromi the decision of the Zoning Administrator, or other township Official; ;or Hereby applies fora special exception or permit, or variance, from the terms oft the Zoning Ordinance; or 5. Petitioner appeals or makes application from the order, requirement, decision or determination of the Hereby applies for: Zoning Administrator or other Township Official made on follows: (quote,ori ifinsufficient space, attach additional page). 20 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, orrelevant to the consideration ofy your Petition). 185 asy 18524.6) 7. The variance or exception requested: and ther newi improvements desired to be made as follows: (a) Building(s) to be erected: Partio Gn2 Gap-be 19 FKcIeNce (b) Building(s) to be changed: (c) Building(s) tol be used for: 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 granted forthe following reasons: (attach additional sheeti if necessary) Sce EKhLr A. 10. Petitioner agrees to comply with all provisions oft 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 in full within twenty (20) days from the date of the initial Board of Supervisors Hearing, then the Board may deny such application, with or without prejudice tot the applicant. 12. Wherever additional information is requested by the Zoning Hearing Board, and leave to submit additional information is specifically granted byt the chairman of the Zoning Hearing Board, then in consideration of the Board's forbearance in not refusing the application at the conclusion ofi 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. the Ordinance provides for penalties forv violations ofi its provisions. additional information requested. NOTE: All Petitioners must sign at leastone must signi in the presence of a person capable ofadministering: an oath (seel below) DonlRaderye Petitioner (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) NOTE: The following affidavit must bet taken before ai Notary Public or other appropriate official by one oft the Petitioners. EXHIBIT "A"TOZONING APPLICATION FOR 5340 STENTON DRIVE Applicant is the owner of 5340 Stenton Drive, Hanover Township, Northampton County, Pennsylvania ("Property"). The Property constitutes a "corner lot" pursuant to Hanover Township Zoning Ordinance ("ZO") section 185-14A (4) which provides: "Where a lot is located at an intersection of two streets, the applicable front yard setback requirements shall be applicable to both streets." As such, the Property is considered to have two (2) front yards, along both Stenton Drive and Monocacy Drive. However, the ZO does NOT state that the Property is considered to have two rear yards. In the event the "rear yard" is the yard to the rear of Monocacy Drive, a 40' setback is required. Applicant requests a variance from the 40' rear yard setback requirement to maintain the location of the patio and gazebo with a 13' setback. There are unique physical circumstances or conditions peculiar to the Property in that it has 2 front yards and must therefore, meet two 40' rear yard requirements. This unnecessary hardship has not been created by the Applicant. The variance, ifauthorized, will not alter the essential residential character on the neighborhood and will represent the minimum variance that will afford relief. The grant of the variance will not have a negative impact on any of the neighbors or any property in close proximity. Finally, the variance will not be contrary to the public interest or detrimental to the public Pursuant to Section 185-25 F (2) of the ZO, the maximum lot coverage in' the R1-S District is 33%. The lot area for the Property totals 16,869 square feet. Accordingly, Applicant is permitted a total of 5566.77 square feet of total lot coverage. Applicant currently exceeds the maximum lot coverage by 605.23 square feet or 3.5%. Applicant requests a di minimis variance to the maximum lot welfare. coverage requirement of the ZO. FOR INDIVIDUAL PETITIONERS: COMMONWEALTHOPPENNSYIVANA ) )ss: ) COUNTY OF LEHIGH ONTHIS, the G"hyot Oclober 2023, before me, PAWLA'CSASZAE the undersigned officer, personally appeared, ROSALIA RANDAZ2O known to me (or satisfactorily proven) tol bet thej person_ whose name_ (is)(are) subscribed to the within instrument, and acknowledged that he_ executed thes same for thej purposes therein. INI WITNESS WHEREOF, Ihereunto set my hand and official seal. faaki Rideon (SEAL) Signature of the Petitioner taking affidavit Sworn to and subscribed before me This 64 day of OC 2033 Ahlhlz NOTARY PUBLIC COMMONWEALTHOF PaulaA Csaszar, PENNSYLVANIA- Notary NOTARYS Public SEAL My Commission LeHigh Expires County 05/17/2024 Commission Number 1033348 FOR CORPORATEPETIOAERS COMMONWEALTHOFPENNSYLVANA ) )ss: ) COUNTYOF. ONTHIS, the personally appeared,, who acknowledged corporation by. selfas day of 20_ before me, the undersigned officer, self to be the of being a corporation, and that he as such authorized to do sO, executed the foregoing instrument for the purposes therein contained by signing the name of the IN) WITNESS WHEREOF, Ihereunto set my hand and official seal. (SEAL) Signature oft the Petitionertaking: affidavit Sworn to and subscribed before me This day of 20 - NOTARYPUBLIC ORDINANCENO.22-. 7 AN ORDINANCE OF THE BOARD or SUPERVISORS OF THE TOWNSHIP OF HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTI OF PENNSYLVANIA, TO AMEND THE OFFICIAL ZONING MAP OF THE HANOVER TOWNSHIP: ZONINGORDINANANCECHAPTER 1850FTHE CODIFIED CODEOFTHE TOWNSHIP OF] HANOVIRTOFROVDE FORTHE. AMENDMENT OF CHAPTER: 185 SECTION 185-8 OF TAL CODIFIED CODE OF THE TOWNSHIP OF HANOVER BY REZONING OF A CERTAINTRACT OF LAND LOCATED AT 300 GATEWAY DRIVE AND CENTER STREET, HANOVER TOWNSHIP, PENNSYLVANIA FROM COMMERCIAL CENTER DISTRICT (C-2) TO PLANNED INDUSTRIAL BUSINESS DISTRICT (PIBD); REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING ANEPFECTIVEDATE WHERBAS, pursuant to the Pennsylvania Municipalities Planning Code 53 P.S. 1010 et seq., ofthel Board ofSupervisors ofthe Township ofHanover, Northampton County, Pennsylvania desires to amend Chapter 185 Zoning, Section 185-8 oft the Code ofOrdinances toj provide for the amendment tot the Zoning) Map to rezone certain property located at 300 Gatewayl Drive and Center Street, Hanover Township from Commercial Center District (C-2) to Planned Industrial Business District (PIBD); and WHEREAS, the Board of Supervisors oft the' Township ofHanover, Northampton County, Pennsylvania finds that the proposed amendment will promote, protect, and facilitate the public health, safety and welfare; and WHEREAS, Thel Board of Superyisorsofthe' Township ofHanover has conductedapublic hearing pursuant toj public notice concerning the following amendment to the Hanover Township Zoning Ordinance as set forth hereinafter. NOW, THERFORE, BE. ITORDAINED AND. ENACTED by the Board of Supervisors of the Township of Hanover, County of Northampton, and Commonwealth of Pennsylvania as follows; SECTION 1. The Board of Supervisors of Hanover Township, Northampton County, Pennsylvania, under powers vested by the "Second Class Township Code" ofPennsylvania and the authority and procedures oft the Pennsylvania Municipalities Planning Code," as amended as well as other laws of the Commonwealth of Pennsylvania, does hereby enact and ordain the following amendments to thel Hanover Township Zoning Ordinance, as amended. SECTION2. ZONING MAP. Chapter 185 Zoning, Section 185-8 Zoning Map of the Codified Code oft the' Township of Hanover is hereby amended by amending the existing Zoning Map, as revised, by changing the current zoning classification of the land at 300 Gateway Drive and Center Street, Hanover Township, Northampton County, Pennsylvania highlighted in yellow on the map attached hereto as Exhibit "A", and described in the tax parcel numbers which are attached hereto as. Exhibit "B", from the current Commercial Center District (C-2) to Planned 4 Industrial Business District (PIBD). SECTION 3. If a court of competent jurisdiction declares any provision of this amendment to be invalid in whole or inj part, the effect of such decision shall be limited to those provisions expressly statedi int the decision tol bei invalid, and all other provisions ofthis amendment to the Hanover Township Zoning Ordinance shall continue tol be separately and: fully effective. SECTION4. All provisions ofTownship ordinances and: resolutions or parts thereof that were adopted prior to this amendment to the Hanover Township Zoning Ordinance and that arei in conflict with this amendment to the Hanover Township Zoning Ordinance are herebyrepealed. SECTION5, This Ordinance shall become effectivei in five (5) days. ATTEST: HANOVER TOWNSHIP, NORTHAMPTON COUNTY, PENNSYLVANIA By; By: Christina M. Thomas, Township Secretary John D.1 Nagle, Chairman Board of Supervisors EXHIBIT "A" ZONINGMAP V VAIE BETHLEHEM ODL PIBD PARK MPHJD BUSI E HOLIDAY INN EE-- D EXHIBIT "B" NORTHAMPTON COUNIYTAKPARCHLA NUMBERS M6 1511 0214 M6 1511C0214 RESOLUTION22-20 WHEREAS, Ordinance 11-02, Section 172-75.B of the Township of Hanover, Northampton County allows for the establishment ofa a schedule of fees for towing and/or storage ofvehicles pursuant to the provisions of Article VII Towing oft the Township ofHanover Code of Ordinances, as from time to time may be amended by resolution oft the Board of Supervisors of the Township ofHanover, Northampton County; and WHEREAS, in keeping with good practice, the Board of Supervisors of the Township of Hanover, Northampton County periodically receives the schedule ofi fees for towing and/or storage and makes appropriate revisions and/or modifications. NOW, THEREFORE, BE. RESOLVED, and iti is resolved and enacted that the Schedule as set forth on Exhibit "A"attached hereto is established for fees for towing and/or storage shall become effective. January 1,2 2023. That any resolution, or part ofresolution, inconsistent with the Resolution be and the: same is hereby repealed insofar as the same affects the matters contained ini this Resolution. INTESTIMONY WHEREOE, the undersigned TOWNSHIP has caused this resolution to be signed by a duly authorized officer and its corporate seal, duly attested by the Board Secretary, tol be hereunto affixed this gth day of] November 2022. ATTEST: BOARD OF; SUPERVISORS HANOVER TOWNSHIP, NORTHAMPTON COUNTY By: By: Christina M. Thomas, Secretary John D, Nagle, Chairman Board of Supervisors Exhibit A HANOVER TOWNSHIP-NORTHAMPTON. COUNTY SCHEDULE OF FEES-' TOWINGISTORAGE Effective. January 1,2023 Towing Light Duty; up to 10,000 GVRW Towing Medium Duty; 10,001-26,00GVRW: Township Heavy Duty; 26,001 80,000 plus GVRW $160 $320 $565 Upt to$ $57 $75 $149 $286 $48 per opening Up to $54 per day Upi to $176 per day Up to $455 per day Up to $86 per day Upt to $225 per day Up to $509 per day $59 Debris Clean Up Winching; up to 10,000 GVRW Winching; 10,001-26,000 GVRW Winching; 26,001 80,000 plus GVRW Crash Wrap Storage; up to 10,000 GVRW - unsecured Storage; 10,001-26,000 GVRW unsecured Storage; 26,001 80,000 plus GVRW - unsecured Storage; up to 10,000 GVRW - secured Storage; 10,001-26,000 GVRW - secured Storage; 26,001 80,000 plus GVRW = secured Yard Fee Additional charge for extra labor necessary to effect removal of vehicle. Such labor includes, but not limited to, shoveling of snow, and similar activities. Snow Emergency Rates Up to 40.00 per each % hour (or any part thereof) when labor is necessary per occurrence Regular rates apply Note: A police investigation supersedes the "Duty Tow' Schedule. A police officer can request any oft the approved towing companies to impound a motor vehicle. BASE ENGINEERING INC. CONSULTING ENGINEERS & SURVEYORS 1010N, QUEBEC STREET, ALLENTOWN, PA 18109-1607 (610)437-0978 (610)437-0979 FAX(610)432-3800 AF ENCGINEEFIRIGIICA) mafrpregastn.en www.BaseEng.com CIVIL . STRUCTURAL . MUNICIPAL . ELECTRICAL . MATERIAL HANDLING . MECHANICAL . SUPERVISION Board of Supervisors Hanover Township Northampton County 3630. Jacksonville Road Bethlehem, PA 18017 November 7, 2022 Re: TIME EXTENSION letter Proposed Dunkin Donuts at 4098 Bath Pike (TMP M615-10G-021/Base. Project #2016-118 Dear Supervisors, Please consider this letter as requesting the necessary time extension for 90 days beyond November 18, 2022 through February 18, 2023 - on behalf oft the Applicant (Divinity Group, LLC) - for the Developer to complete the improvements. Thank you in anticipation of your approval. Please contact this office ify you have any questions. Yours sincerely, Loayabnd Casey L. Bond, PE Director of Engineering chond@baseeng.com (P)610-437-0978 C.C.: HEA Buildy yourfoundation on a, solid. BASE * 43 years ofservice with integrity . Prepared byand Return To: James: L. Broughal, Esquire: Broughal & Devito, L.L.P. 38 West Market Street Bethlehem, PA 18018 Northampton County Parcel L.D. Ne.MSEI810214-2201 Schoenersville Road LANDI DEVELOPMENTIMPROVEMENTSAGREEMENT CHOPAPRVIESTEIIC 2201 SCHOFNERSVIIEROAD THISAGREEMENT, made this a4aye of Ochaber,2, by and between HANOVER TOMNSHIP,NORTHAMPTONCOUNTY, ar municipal corporation organized and existing under the Laws ofthe Commonwealth ofPennsylyania (hereinafter called "Township"). party of the first part; AND SCHOENERSVILLE SITE, LLC, al Pennsylvana limited liability company, with an address of 1441 North 314 Street, Suite 2, Lehighton, Pennsylvania 18235 (hereinafter called "Owner"), party ofthes second part. WITNESSETHE WHEREAS, the Township ofl Hânover, Northampton County, Pennsylvania, is as second class township; and WHEREAS, pursuant tot thej powers granted sécond class.townships: sunder the Second Class. Township Code, and thel Pennsylvania Municipalities Planning Code, Act:247, as amended. ("MPC"), the Township has adopted Subdivision Regulations and various other ordinances including thel Hanover Township Zoning Ordinance, pertaining tot thei regulation ofr non-residential land developments in the Township; and WHEREAS; the Owner desires to. develop land in the Township in accordance with the Township Land Development, Regulations, and other various ordinances pertaining to the regulation of land development: in the Township, including, but not limited: to, the: TownshipsZoning: Ordinance. NOW, THEREFORE, in consideration ofthes premises and the mutual promises and undertakings herein set forth and in further consideration ofthe Board of Supervisors oft the Township CBandefsgpmiwa)atang its approval on. ac certain land development: plan presented by the Owner, and intending to be legally bound hereby, for other good and valuable. çonsiderations, the parties agree as follows: FIRST: The Owner. shall construct and/or install thei improvements shown on the Revised Prelminary/Record land Devélopment Plans for Schoenersville, Site, LLC-N Medical, Office) Building, prepared by D&DI Engineering & General Construction; LLC, dated: September 24; 2021, as revised, which plan was approvedconitionaly, byt the Board ofSupervisors on April 26, 2022, andi recommended for conditional approval by thel Hanover Township Planning Commission ("Planning Commission")s on April 4, 2022. Thei improvements. are more fully described ini the land development plan ("Land Development: Plan"), and are more specifically. described in Exhibif "A," which is attached. hereto and made a part] hemaree-Impovemems), SECOND: All Improvements required under this Agreement shall be constructed in accordance with the Township Land Development Regulations, all othèr Township réquirements and: specifications, and- all Northampton County and Commonwealth of Pennsylvania requirements and specifications,: ,including, but not. limited to; thes specifications which are: more fully described in 2 Exhibit "B", which is attached hereto and made aj part. hereof. Iftherei is any conflict between the Improvements: as depicted and/or described in thel Land Development Plan and thei requirements, specifications, ete:, the Improvements shall be constructed and/or installed: as depicted and/or. described on: the Land Development Plan. THIRD: The Improvements: more fully described in Exhibit "A"required under this Agreement shall bes completed: in accordance with" the above-stated requirements within twelve:(12) months oft the date ofthis Agreement.. FOURTH: The Township; ori its duly authorized: agent, the Township Engineer, shall be the sole judge ofwhether the Improvements have met all the requirements: and specifications ofthe Township, Northampton County, and the Commonwealth of Pennsylvania. The Township, ori its duly authorized agent, the Township Engineer, shall be the: solei judge ofwhetherall!: Improvements have been completed in accordance with said requirements and specifications within twelve (12) months oft the date oft this Agreement. FIFTH: To ensure compliance with thej provisions of this Agreement and, in particular; that all Improvements: meet Township, County, and State. requirements, and that the Improvements be completed within the time periods sêt forth inj paragraph "THIRD", the Owher of the land which makes up the Land Development Plan shall deliver to the Townshipap performance bond in a form approved. by the Township Solicitor in the amount ofThree Hundred Forty-Three Thousand One Hundred Ninety-Eight and 35/00(343,19835) Dollars (the "Security"): The Security shall! berestricted in uset to the financing oft the installation ofthe Improvements: called for in this Agreement: Iti is clearly understood that the Township may, at any time within the time periods set forth inj paragraph THIRD, when ini its sole and absolute opinion the installation: oft the required Improvements: are not progressing to the lownshpssatslaction, draw upon the Security to 3 finance the installation of any or all oft the required Improvements provided that Township shall first give Owner written notice of any deficiency inj progress and Owner shall have a reasonable: opportunity to cure any such deficiency which period shall note exceed thirty (30) days. SIXTH: Township! building permits shall Only be granted to: the Owner oft the land whichmakes up the land. devélopment in accordance with the terms ofthis Agreement, but only after the posting and approval oft the Security required herein: SEVENTH: Iti is clearly understood that the" Township. will make no. improvements. in thisl land development nor will they accept by dedication or otherwise: any oft the streets or roads,: ort right-of-ways,ifany; contained in this land development unless and until all requirements. and specifications ofthe! Township, as have been set forth in this Agreement, have been met by the: Owner oft thel land which makes up said land development. Iti is further understood: that the Township will neither maintain nor keep the roads or streets ofs said land development, ifany, dlear ofsnow, ice, or debris unless and until all requirements and specifications: oft the Township, as have been: set forth int this Agreement; have been met by the Owner oft the land which makes up the Land (as hereinafter. defined). Itisf further understood that the Township will not bes responsible to maintain or correct any drainage problem or sewage problem, which might exist or arise on the) Land. EIGHTH: The' Township, or its duly authorized- agent, the" Township Engineer, shall be the solejudge of whether or not the Owner has complied with the requirements: and specifications ofthe' Township and shall determine, at its sole discretion: and in accordance with the provisions oft thel MPG, whether or not the street(s), road/cartway system, drainages system, and sewage. system or otherimprovements should be approved and accepted by the" Township, orother appropriate Township governmental authority. 4 The" Township Engineer shall inspect and approve in writing all ofthe Improvements, as each stage: ofconstruction: is compléted. A: schedule: oft the stages is attached hereto and made aj part hereof as Exhibif "B". The Owner shall not proceed to another stage of construction* without the written approval oft the Township Engineer, and it shall be the responsibility ofthe Owner ton notify. the Township Engineer in writing, or by email or facsimile transaction, when as stage of construction: has been completed so: as to be ready for inspection. Should the Owner fail to obtain written approval from the Township Engineer, which approval shall not bei unreasonably- withheld or delayed, to proceed to any: stageofconstruction, then, ini that event, said Township Engineer may require, ifthe Improvements. are: not in compliance with Township standards, the Owrier tot tear out and rémove said Improvements: and toj proceed again with its construction. or ordera additional Security to be posted for the future: repair andi maintenance ofthe: Improvements. The course of action tol be followed in all cases ist to be determined solely by thei Township Engineer. All reasonable and proper costs oft thei inspections by the Township Enginéer are to bej paid for by the Owner; and the failure to pay said costs shall be sufficient reason and justification for withholding approval ofs said construction. The Township. agrees to approve. releases ofthe Security in accordance with the MPC: NINTH: Ifall Improvementsrequired underthis Agreement have notl been completed in accordance with. the requirements set forth in this Agreement and within the twelve: (12) month period, then, in that event, the prior approval of the Land Development. Plan by the Board of Supervisors and Planning Commission oft the' Township may be revoked, and the Owner or Ownersi of the land may resubmit their prior final land devélopment plan for approval to the Planning. Commission: and Board of Supervisors of the Township in accordance with the subdivision. and zoning regulations then in force: In acting upon their submitted final land development plan, the 5 : Board of Supervisors and Planning Commission of the Township shall apply the provisions, regulations, and requirements. ofthe Township Subdivision and: Zoning Regulations and Ordinances in effect at the time of thes resubmission. At the time oft the resubmission, the) Board: of Supervisors and the Planning Commission may modify this Agreement and impose the acceptance of the: modifications; ifany, as a condition precedent to thes re-approval ofthel Land Development Plan. TENTH: All reasonable and proper: Township Engineering: costs, including, but not limited to, the inspection. ofthel Improvements, shall be paid by the Owner. oft the Land (as hereinafter defined). ELEVENTH: All reasonable and proper Township Solicitor (legal), costs; including; but not limited to, the preparation oft this Agreement, thej préparation ofe any deed or deeds and/or resolutions accepting the stréet system ofthe land development, ifany, and any litigation: arising out ofOwner's failure to fulfill each and every obligation under this Agreement shall be paid by the: Owneroftheland (as hereinafter defined). TWELFTH: All reçording fees, including, but not limited to, thereçording oft this Agreement, deed: or deedsof.dedication, and/or resolution ofs street acceptance,ifany, shal! bey paid by the Owner oft the Land. THIRTEENTH The Owner certifies and represents to the Township, and the. Township hereby relies on: said certification. and representation, that said Owner has received proper legal advice and is aware ofthe entire impact ofthis Agreement and: further understands each and every provision. FOURTEENTH Thei undersigned, herein designated as Owner, herèby certifies thati it is thè Owner, and that no other person, partnership, corporation, business trust, or any other organization, has any. interest pertaining to the premises which are the: subject ofthe within 6 Agreement, and this representation ist made" with full knowledge that the Township will rely upon: the same in accepting any evidence ini indebtedness of sécurity. as required herein. FIETEENTH. The Owner) hereby agrees to enter into a maintenance bond orother security in an amount equal to fifteen percent (15%). ofthe actual cost ofthe Improvements called fori in the MPC and in al Land Development: Improvements: Agreement, in a form approved by the Township Solicitor and/or thel Board of Supervisors, tor guarantee that thel Improvements: listed in this Land Development Plan Improvements. Agreement shall bes maintained for a period of eighteen (18) months, as more: fully set forth in thel Land Development Maintenance Agreement ("Maintenance Security")a and in accordançe with theN MPC, The Maintenance: Security shall be furnished by. the Owner and approved, as herein provided, prior to the" Township releasing the Security obtained to sécure the Improvements. SIXTEENTH: Owner will make provisions for and be personally responsible for removing all mud and: debris from all vehicles and equipment leaving the property which is the subject oft the Land Development Plan onto the Township street adjoining the area to bes developed under this Agreement and shall remove any debris and litter which may: fall upon the Township streets from all vehicles and equipment, Ifthes same is not removed and properly washed down within twenty-four (24) hours after wiitten notice from the: Township to: the Owner, then, in that event, said debris and litter shall be removed. from thes street by the Township at the Owner's expense and the Owner shall be billed for said expense, plus 20% surcharge for administrative: expense, plus the costs expended by the Township if as municipal lien must be filed, which expense: the Owner hereby agrees toj pay, SEVENTEENTH: The Owner and the successors. and assigns ofthe Owner shalll be: solely responsible for any: and all damage caused by the Owner, its agents, successors; or assigns in 7 the development oft the land, which is the subject oft the Land Development Plan (the "Land")and shall, ati its own expense repair any damage done to: abutting properly owners or their land because ofany negligent act on: the part oft the Owner, its agents, succèssors, ora assigns int thedevelopment oft the Land, The Owner shall indemnify and save harmless the Township, its agents, and consultants, from and against all liability for or on account of any injury or damages received or sustained by any person or persons by reason ofand to the extent of() any act or neglect on the part oft the Owner, its agents, or employees; or (ii) the condition ofthel Land; or (i) thei installation of any drainage: facilities, ori in consequence: of any negligence! in guarding thes same, ora asaresult of any alleged breachofany statutory duty or obligation on the partofthe Township, or ofthe. employees oft the Township ini respect to the condition ofthel Land or guarding the same. BIGHTEENTH; The Township will notify the Owner, upon receipt ofwritten notice from the Owner, that all ofthe necessary Improvements to the land have been madé, ofits decision regarding approval or rejection of these Improvements, following the procedure outlined under Section 510 ofthe Pennsylvania. Municipalities. Planning Code, Acto ofJuly 31,1968; P.L. 805, as amended, 53 P.S. Section 10510, which isi incorporated in this. Agreement in total by: reference. NINETEENTH: The Developer shall pay a Township Recreation: and Open Space. Area Fee in the total amount. of $7,881.60 in accordance: with: Section. 159-16 D. of the Hanover Township Subdivision and. Land Development Ordinance, which fee has been calculated at the: rate. of $120,000.00 per acre multiplied by 1.642 acres multiplied by 4.0%. The required.Open Space Area Fee shall be paid prior to the recording oft the approved.Land Development Plan. 8 TWENTIETH: The Developer shall pay prior to the issuance ofab building permit, at traffic impact fee in the total amount of $10,976.00, asi required by thel Hanover Township Impact Feei Ordinance No. 91-12, which fee has been calculated at the rate: of $343:00 per PM peak hour trip multiplied by 32 peak hour trips: TWENTY-FIRST: Time of the Essence. Time is agreed tol be oft the essenced softhis Agreement. TWENTY-SECOND: Default. In the event the Owner defaults under the terms and conditions oft this Agreement, and the same is not cured within thirty (30) days ofs written notice: from the Township, the following provisions shall apply: a. Right to Draw Upon Security, The Township shall have the right to draw upon the Security in accordance with its terms and in such amounts: as to énable the Township to.complete thel Improvements. In addition, the' Township shall have the right to bring an action atl law eri ine equity against the Owner in the event the Security isi insufficient to enable Township to complete construction and installation of the Improvements following default. In the event of any: such action, suit, or proceeding brought by the Township against the Owner for defaults hereunder, the Owner agrees to pay the Townshipsreasonable. attorney fees and court costs incurred ins such action: as may be awarded. by a court having jurisdiction over the: partiès and subject matter of such. disputé. The Township's exercise ofits rights under the Security shall not bari it from. pursuing its rights under this Agreement, the parties agreeing. that the Township's rights hereunder are cumulative and not exclusive. b; Confession df Judgment In the event the Township draws upon the Security. in accordance with its terms and this Agreement and the Township completes the: 9 Improvements at a cost in excess: oft the amount oft the Security, then, and under such circumstances, the Owner agrees: to: reimburse. the Township upon demand for such deficiency. The Owner shall have thirty (30) days to pay any: such deficiency to the Township. In the event: Owner fails to pay. such deficiency to the Township, as provided above, then, and under: such circumstances; THE OWNER HEREBY IRREVOCABLY AUTHORIZES. AND: EMPOWERS. THE TOWNSHIP BYANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLVANIA AS ATTORNEY FOR THE OWNER TO APPEAR. FOR: AND CONFESS JUDGMENT AGAINST THE: OWNER FOR THE AMOUNT OF SUCH DEFICIENCY FORWHICHANAFFIDAVITSIGNEDBYANOFHICEROP' THE TOWNSHIPSETTING: FORTH SUCIAMOUNISASANETIENI DUE SHALL BE. PRIMA FACIA EVIDENCE, PLUS TEN PERCENT (10%) THEREOF BUT NOT LESS THAN ONE THOUSAND DOLLARS ($1,000.00) AS A REASONABLEATTORNEY FEE, WITICOSTSOPSUTL.SUIT.SUCHAUTHORITY SHALL NOT BE EXHAUSTED BY ANY ONE EXERCISE THEREOE, BUT JUDGMENT MAY BE: CONFESSED AS AFORESAID. FROM TIME TO TIME AS OFTEN: AS THERE IS Aw DEFICIENCY UNDER SUCH SECURITY PROVIDED,HOWEVER. THETOWNSHIP HAS GIVEN' THE OWNER' THIRTY (30) DAYS! WRITTEN NOTICE: OF SUCH DEFICIENCY AND DEMANDED: PAYMENT WITHIN, SUCH THIRTY (30) DAY PERIOD OF TIME. Certain Waiversand Releases In any amicable action, suit, or proceeding brought! by the Township under the provisions of paragraph! 22(b). ofthis Agreement, the Owner hereby releases and agreest toi release' Township from all errors and defects whatsoever C: 10 ofaprocedural nature in entering such Contesionofludgment. ori in causing any Writ tol be issued on in proceeding on such Writ or concerning the same, provided that the Township shall have filed ins such action, suit, or proceeding, an Affidavito ofanofficer oftheTownship: setting forth the facts necessary: tos support the entry ofsuch. Judgment orthe issuance ofsuch. Writ according to the terms ofthis Agreement, of which facts such Affidavit shall be prima faciaevidence: Ifarcopy of this Agreement, verified by an offiçer of the Township, shall be filed: in such action, suit, or proceedings, it shall notl bes necessary to file the original as a warrant ofattorney, any ruleofcourt, custom, or practice toithe contrary notwithstanding, TWENTY-THRD The Americans With DisabilitiesAct a. The Owner acknowledges and agrees that, pursuant to federal regulations promulgated under the authority ofThe Americans With Disabilities Act, 28 C.F.R: 35.101 et seq the Owner understands and agrees that no-individual with à disability shall, on the basis ofthe disability; be excluded fromj participation int this Agreement orf fromactivities provided: for under this Agreement. Asaenaliomodfawplngad executing this Agreement, the Owner agrees to comply withthe-General: Prohibitions Against Discrimination," 28 C.F.R. 35.130, and all other regulations promulgated under Title H of" The: Americans With Disabilities Act which are applicable to the benefits, services, programs, and activities provided by the" Township of Hanover, Northampton: County, Pennsylvania, through agreements with outside contractors. The Owner agrees thata alll Improvements constructed pursuant tot this Agreement shall be constructed in accordance with terms and provisions of Titles 1, II, and II ofThe Americans With Disabilities Act, 28 C.F.R, 35.101 etis seqy ifapplicable. b; 11 C. The Owner shall be responsible for, and agrees to indemnify and hold harmless the Townshpotlanover,Northampion County,Pennsylvania, from, all losses, damages, expenses, claims, demands; suits, and actions brought by any party against the TownshipofHanover," Northampton County, Pennsylvania, as a result ofthe Owner's failure to comply with the provisions oft this paragraph.: TWENTY-FOURTH: All references herein to sections, subxectionsypangrmphs, clauses, and other subdivisions oft this Agreement, and the words "herein," "hereof," "hereby," "hereto," "hereunder," and words ofs similar import, refert to this Agreement as a whole and. not to any particularsections, subsections, paragraphs, clauses, prother subdivisions hereof. This Agreement shall be deemed to have been made under, ands shall be governed by, thel laws ofthe Commonwealth of Pennsylvania in all respects; including matersofconsinuction, validity, and performance. TWENTY-FIFTH Ifany provision ofthis Agreement is prohibited by, ori is: unlawful or unenforceable: under, any applicable law of anyj jurisdiction, such provision shall, as to suchjurisdiction, be ineffective to the extent ofsuch prohibition without invalidating the remaining provisions hereof, provided, however, that any suchj prohibition in anyJ jurisdictionshall not" invalidate such provisionsi in any othèrj jurisdiction; and provided further, that where the provisions of any such applicable lawmay be waived. by thej partiès to the full extent permitted by lawi tothé: end that this, Agreement shall be deemed: tol bea.valid and binding Agreement in accordance: with its terms,: TWENTY-SIXTH The Owneracknowiedges that the Towrship has and does rely upon each and every term, paragraph, representation, covenant, warranty, and provision oft this Agreement as inducement to enter into this Agreement. 12: TWENTY-SEVENTH: No délay or failure ofTownship in exercising any right, power, or privilege hereunder shall affect such right, power, or privilege, nor shall any single or partial exercise thereof, or the exercise of any other power, right, or privilege. Thei rightsofthe Township. under this Agreement are: cumulative and not exclusive of any right or remedies which the Township would otherwise have. TWENTY-FIGHTH: No waiver ofany breach: ofthis Agreement by the Township shall constitute: a continuing waiverora as waiver of any subsequent breach: either oft the sames or: another provision: of this Agreement: TWENTY-NINTH: The place ofexecution, contract, and performançe. ismutually agreed to bel Hanover Township, Northampton. County,Pennsylvania. THIRTIETH: All the understandings. and agreements heretofore) had between the parties hereto, are merged int this Agreement, whichalone fully and completely expresses their agreement, and this Agreement is entered into after full invéstigation, neither party relyinguponany statement: or representation: not embodied in this contract made by the other.. THIRTY-FIRST The Owner agrees that the Superpave Wearing Surface roads or: portions of roads to be dedicated tot the Township, ifany, shall not bel laidi until the Owneri is authorized, in writing, by the: Township or its duly authorized: agent, said authorization to not be unreasonably withheld or delayed. Itis dlearly understood that this provision ini no way relieves the Owner from completion oft the Improvements within the time periods stated in this Agreement, unless otherwise: agreed to by the! Township and the Owner. THRTY-SECOND This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by the parties hereto. 13 THIRTY-THIRD: Township agrees that any review, approval, discretion, opinion orjudgment to be made by the Township and/or its duly. Authorized. Agent, including its Engineer and Solicitor shall be reasonable. IN WITNESS WHEREOF, the parties have hereunto set theirrespective hands and seals the day and date first above written. ATTESTS HANOVER TOWNSHIP, NORTHAMPIONT COUNTY, PENNSMLVANIA By JOHN: D. NAGLE Byl Elizabeth D. Ritter, Secretary Chairman of the Board of Supervisors WITNESS: SCHONERSVILESTEIIC By Hplaladyen Print Narhe. Stzphantk Ainduson Titles DAFE Managir By d Print Name: Joseph, 3 Bennett Title: Managing Member 14 COMMONWEALTHOI PENNSYLVANIA ) sS. ) COUNTY OF On this day of 2022, before me, a Notary Public, the: undersigned officer, personally. appeared JOHN D. NAGLE, who acknowledged himself to be the Chairman oft the Board of Supervisors ofHanover Township, ai municipal corporation and that he as Chairman, being duly authorized to do: so; executed the foregoing instrument for thej purposes therein contained by signing the name of thes corporation by himselfas Chairman. IN WITNESS: WHEREOF, Ihave hereunto set my hand and official seal. Notary. Public 15 COMMONWEALTHOF: PENNSYLVANIA COUNTY OF Carbm ) ) SS: ) 2 ONTHIS, the 2vihud of Delobez 2022, before me, the undersigned officer, pmmilyepamd.osphl. Bemelind acknowledged himselfherselft to be the manggiy monagng Member OFSCHOENERSVILLE SITE, LLC'and that as such mem pen was authorized to execute the foregoing instrument on hehMfefSCHOENERSVILE SITE, LLC, for the purposes therein contained, IN WITNESS myh hand. and potarialseal. Notary Public A2u Commonwealth of Pennsylvania- Notary Notary Public Seal ConnieA.Christman. Carbon Counly Myo commission Commission explresMarch9,2024 number 1086358 Member, Pennsylvania Association of Notaries 16 SCHOENERSVILESTTETICMEDICALOPFICEBULDING REVISEDPRELIMINARY/RECORDLAND DEVELOPMENT IMPROVEMENTS ESTIMATE- EXHIBIT! "A" HANOVER TOWNSHIP, NORTHAMPION COUNTY,PENNSYLVANIA 2201 SCHOENERSVILLEROAD JUNE10; 2022. 1. Erosion/Selimentation 2: Site Improvements: 3. Other $8,600.00 $273,035.00 $2,000.00 $283,635.00 $28.363.50 CONSTRUCTION COST ESTIMATE. Plus-10% Contingency! & Inspection. TOTAL ESTIMATE $311,998.50 Plus 10% for 12-month Security $31,199.85 TOTAL $343,198.35 NOTE: hac Thise estimate is prepared for the purpose: ofs setting. an amount for Township Improvément Security. Article V: Section 509(f). 2 Thisestimate: is adequate. for security for aj job completion schedule: of 12 months, in accordance with Pennsylvania Municipalities. Planning Code. MAsaWHagNlmse EXHIBIT"A" SCHOENERSVILESITEIICMEDICALOFFICEBUILDING REVISEDPRELIMINARY/RECORDLANDDEVELOPMENT IMPROVEMENTS ESTIMATE- - EXHIBIT "B" HANOVER TOWNSHIP, NORTHAMPTON COUNIK,PENASYIVANIA 2201 SCHOENERSVILLEROAD JUNE-10,2022 SPECIEICATIONSANDI PLANS. Improvemerits required. are to! be installed: according to: the: approved Plans and supporting documents, and according to the Township Subdivision and Land Derelopment Ordinance, Construction: Standard Ordinances, and. Pennsylvania Department of Transportation, Publication 408: INSPECTION SCHEDULE Inspections of improvements. required by the Township" Ordinances: are: required to insuré conformity: to approved Plans and. Ordinances. Inspections fort this Project wouldbe required as follows: 1. Erosion and Sedimentation Control - before: any earth disturbance occurs 2: Parking) Lot Construction Or. Patching duting filling, priorto and during curb construction, prior to and during stone backfill and prior toand during Landscaping and Other Improvements - prior to starting and: at completion The! Developet of his agent shall notify the appropnate Inspector at! least twenty- four (24). hours prior to: inspection times listed: above.. Unless noted, the Inspector for this paving. ofwork. 3: Project shall be Hanovet Engineering Associates, Incx AwwAto.NNw EXHIBIT "B" Prepared by/Return to James. L. Broughal, Esquire: Broughal & DeVito, L.L.P.. 38 West Market Street Bethlehem, PA 18018 (610):865-3664 Northampton County Parcel LD. No. MSSE1810214-2201 Schoenersville Road LAND DEVELOPMENTMAINTENANCEAGREEMENT SCHOENERSVILLESITEILG 2201 SCHOENERSVILLE ROAD THIS: AGRBEMENT, made this 24 day, of Oclober 2022, by and between HANOVER TOWNSHIP,NORTHAMPTON: COUNTY, a1 muieploupamsmoguind and existing under the laws of the Commonwealth of Pennsylvania (hereinafter called Township") party ofthe first part; AND SCHOENERSVILLE SITE, LLC, al Pennsylvania limited liability. company, with an: address of144.North 3r Street; Suite. 2, Lehighton, Pennsylyania.18235 (hereinafter called "Owner"), party of the second part,: WITNESSETH: WHEREAS, the Township has approved. al land development: plan known as Schoenersville Site, LLC-Medical- Office Building (hereinafter called' "Plan"); and WHEREAS, the Owner and Township entered into a Land Development Improvements Agréement (hereinafter called Improvements. Agreement") for the Plan; and WHEREAS, pursuant to the terms ofthel Improvements. Agréement, Owneri is obligated to maintain certain municipal improvements (the Improvements", for a period. of eighteen (18) months from the date ofwritten acceptance by the Township; and WHEREAS, the parties hereto desire that the agreement for the maintenarce. of the improvements shall bei in writing. NOW, THEREFORE, in consideration. of the premises and the mutual promises and undertakings: herein set forth and in further consideration. oft the Township: affixing its approval on ad dertain land. development plan presented by the Owner or Owners; and intending to be legally bound thereby, for other good: and valuable: considerations; they parties agree: as follows:: 1. All" "Whereas" clauses are" incorporated herein by reference. 2: Owner hereby agrees: to. maintain, repair and refurbish in: accordançe with the provisions of the Pennsylvania Municipalities. Planning Code, Act 247("MPC")any: and all ofthe iImprovements for aj period ofe eighteen (18)monthsi following the date off final written acceptance oft the Improvements by the Township (the: "Maintenance: Period"). Notification ofacceptance. of the Improvements shall be given by the Township to the Owner by certified mail return receipt requested, countersigned by the Township. Engineer. 3. During the Maintenance: Period, the Owner shall make such repairs and perform such: maintenance: as may be necessary, in the sole and absolute: discretion of the Township. to correct, repair,refurbish, maintain andi replace any or all ofthel Improvements and furhertorcorrect and reinstall any. deficiencies in the Improvements which may arise during the. Maintenance Period. 4. All of the: aforesaid obligations of Owner are hereby undertaken at Owner's sole cost. and expense, and Owner agrees tol hold harmless and. indemnify the Township from any and all costs, expenses; claims and damages incurred by the Township because oft the Owner's failure to maintain: the Improvements. 2 5. The Improvements shall be maintained in accordance. with all Township requirements and specifications, and conformity with this) provision shall be determined: solely by the" Township: or its duly authorized agent: 6. It shall be the duty of the Owner to notify the Township, in writing, ninety- (90) days prior to the expiration of the Maintenance. Period that ther Improvements are. ready for inspection by the: Township. 7. Prior to the expiration ofa thirty (30) days period following written notification, the Township shall notify, in writing, the Owner of those Improvements which: need repairs; modifications, corrections, or replaçement. 8, The Owner acknowledges and agrees that thel Maintenance Period: shall be extended to enablé the Township to inspect Improvements: and to require the Owner to. repair and maintain the. Improvements upon failure oft the Owner to give any written notice as may be required by this Agreement. 9. In. the. event: that repairs, modifications, corrections or replacement of the improvements: are required pursuant to this Agreement, the term oft the Maintenance Period and term oft the: security posted by the Owner to. guarantee the maintenance: oft the Improvements: shall be automaticaly extended until such time as all Improvements: are: finally. accepted in writing, by the Township. 10. A maintenance guarantee and/or security shall be provided to the Township in: a form satisfactory to the Township and shall be in such amount as shall be approved by the Township prior to the release of theil seçurity posted under the Improvements Agreement for: completion ofthe constructions ofthe Improvements. 3 11. Nothing herein contained shall diminish the rights of the Township under any law or agreement insofar as they affect the Plan. 12. The parties hereto agree that then rule of contract law in the event of an ambiguity or problem of construction, the same: will be resolved against the drafter of the instrument being construed, is hereby waived. 13, This: Agreement contains the entire understanding between and among the parties and: supersedes any priorunderstandings and agreements among them respecting the subjecti matter ofthis.A Agreement. 14. This Agreement shall be binding upon the: heirs, executors, administrators; successors: and assigns of thej parties hereto. 15. The parties herêto covenant, warrant and represent to each other good faith, reasonable cooperation, due diligence and honesty in fact in the performance ofall obligations of the parties pursuant to this Agreement. All promises and covenants: are mutual and dependent. 16. Failure. of either party at: any time to require performance of any provision of this Agreement: shall not limit the party's right to enforce the provision, nor shall any waiver: of any breach of any provision be a waiver of any:s succeeding breach of any provision ora a waiver ofthe provision itself for any. other provision. 17. Except as. otherwise provided within this. Agreement, neither party hereto: may transfer or assign this Agreement without the prior written conserit: of the other party: 18. This Agreement shall be governed: by and construed in accordance with the laws.of the Commonwealth of Pennsylvania. 4: 19. In the event: that a suit or action is brought by any party under this Agreement to enforce any ofi its terms, or in any appeal therefrom, it is agreed that the prevailing. party shall be entitled to reasonable: attorneys? fees to be fixed by the trial court, and/or appellate court. 20. Township. agrees. that any review, approval, discretion, opinion or judgment to be made by Township and/or its duly authorized Agent, including its Engineer and. Solicitor shall be: reasonable. IN WITNESS WHEREOF, the parties have caused this document to be executed: the day and year first above written. ATTEST: HANOVER TOWNSHIP, NORTHAMPION COUNTY, PENNSYLVANIA By By Elizabeth D. Ritter, Secretary JOHN. D. NAGLE Chairman ofthe Board of Supervisors SCHOENERSVILLE SITE, LLC WITNESS: By itplan.Anduyon Print Name: SzphaniAnderson Titler DffiL Managur Byk Print Name: gosephJ. Bennett Title:- Managing Member 5 COMMONWEALTH OFI PENNSYLVANIA ) ) SS. ) COUNTY OF. On this day of 2022; before. me, a Notary Public, the undersigned. officer, personally appeared. JOHNI D. NAGLE, who acknowledged himself to be the Chairman oft the Board of Supervisors. ofHanover" Township, a municipal corporation and that he as Chairman, being duly authorized to dos so; executed thet foregoing instrument for the purposes therein contained by signing the name ofthe corporation by himselfas Chairman. IN WITNESS WHEREOF, I havel hereunto set. my hand: and official seal. Notary Public COMMONVEALTHOF: PENNSYLVANIA COUNTY OF Canbm ) ) SS: ) ONTHIS, the 34 day of Ocbber 2022, before me, the undersigned officer, personally: appeared Joseph Aicbomlaiamiaeil himselfherselftol be the ma2 OFSCHOENERSVILEE SITE,LLC and that as such membe was authorized to execute: the foregoing instrument on behalfof managing SCHOENERSVIELE SITE, LLC, for the purposes therein contained. IN WITNESS WHEREOE, Ihavel hereunto Notary Public a Commonwealth ofF Pennsylvania Notary Seal ConnieA A. Christman, NotaryP Public Carbon County Mycommlsionexpiesk March9,2024 Commission: number 1086358 Member, Pennsylvanial Association of Notaries 7 M-945P (6/12) pennsylvania DEPARTMENTOF TRANSPORTATION Highway Occupancy Permit Name and Address of Permittee: County: Lehigh Permit No.: 05061058 Issue Date: 11/1/2022 Expiration Date: 11/1/2023 Application No.: 274289 Account No.: Permit Fee: $0.00 Hanover Township Northampton County 3630 Jacksonville! Road Bethlehem, PA 18017 County Contact No.: (610) 798-4294 Issuing District Office: 5-0 District Contact No.: (610)871-4167 Municipalities: Hanover Township Immediately upon completion ofthev work Permittee. shall notify the permit office where application was made. Subject to all the conditions, agreements, restrictions, andi regulations prescribed by the Pennsylvania. Depariment ofTransportation, (see inp particular 671 Pa. Code, Chapter 212, 441 and 4590 and State Highway Law, 36P.S. Section 670- 411, 420 and 421) ands subject tot the plans, special conditions, or restrictions herein setf forthe or attached hereto. This permit shall be located at the work. site and: shall be available fori inspection by any police officer or Department representative. Location and Description of Work 1of1 State Route #: Segment(s): Offset(s): Permit No.: 05061058 1009 From 0074T00074 From 0138 To 0246 683: Replace Storm Water Facility Not Connected to Department Drainage Facility Permit Conditions Permit No.: 05061058 1of23 ALL WORK. ASSOCIATED WITHTHIS PERMIT WILL BE PERFORMED! UNDER APPLICATION NO.268915, HIGHWAY OCCUPANCY PERMITNO.05061059 INTHEI NAME OF SCHOENERSVILLE SITE, LLC. ALL) INSPECTION FEES FOR" THE WORK WILLI BE CHARGED 2of23 IF AN OPENING IS MADE WITHIN. Al BITUMINOUS OR CONCRETEPAVEMENT WITHIN3 FEET FROM' THE EDGE OF PAVEMENT OR OTHER LONGITUDINALJOINT OR OPENING, THE SURFACE RESTORATION SHALLI BE EXTENDED TOTHE EDGE OF PAVEMENT OR OTHER LONGITUDINAL JOINT OR OPENING. (67) PA. CODE, CHAPTER 459.8). 3of23 CONTRACTOR MUST CONTACT PENNDOT'S DISTRICT PRESS OFFICE AT6 610-871-4500. AT LEAST5 WORK DAYS: PRIOR TO. ANYI LANE CLOSURE. AND 10 WORKI DAYS PRIORTO ANY 4of23 NOTIFY THE TRAFFIC! MANAGEMENT CENTER AT 610-871-4600 PRIOR" TO SETTING UP ANY LANE CLOSURES ORI RESTRICTIONS, AND WHEN THE CLOSURPAISIRICTONS 5of23 CONTACTI LEHIGH COUNTY PERMIT OFFICEAT. LEAST3 WORK DAYS PRIOR TOS START OF 6of23 AN INSPECTOR, WHEN. AVAILABLE, WILLI BE ASSIGNED ON MORETHAN A SPOT 7of23 FACILITY. MAY BE PLACED INJ PAVEMENT OR SHOULDER, AS PER. PLANS, PROVIDED 8of23 THIS PERMIT AUTHORIZES WORK ONLY IN DEPARTMENT HIGHWAY RIGHT OF WAY. 9of23 2A COARSE AGGREGATE BACKFILL: MATERIAL IS REQUIRED UNDER 67PA CODE, TO SCHOFNERSVIIESITE LLC. FULL CLOSURE. REMOVED. WORK.. AT 610-798-4294. BY THEI DEPARTMENT. INSPECTION BASIS. PERMITTEB WILLI BE CHARGED. ALLI INSPECTION COSTS INCURRED BASE AND WEARING COURSES ARE OPENED BY SAW CUTMETHOD. SECTION 459.8 (G)(2). AND SECTION 703.2 OF PUBLICATION 408. Permit # 05061058 Page 1of3 M-945P (6/12) pennsylvania DEPARTMENTOFTRANSPORTATION Highway Occupancy Permit Permit No.: 05061058 Permit Conditions Permit No.: 05061058 10of23 DEPARTMENT MUST BE NOTIFIED! IN WRITINGTWO WEEKS IN ADVANCE OF PRE- 11of23 DBPARTMENT MUST BEI NOTIFIED IN WRITING UPON COMPLETION OF WORK. 12of23 TEMPORARY PAVEMENT RESTORATION AUTHORIZED CONSISTENT WITH SECTION 459.8 13of23 COMPLETE PERMANENT PAVEMENT RESTORATION IN ACCORDANCE WITH: SECTION 459.8, PRIOR" TO THE CLOSE OUT OFTHE PERMIT. BACH PATCH MUSTI BEI PAINTED IN 14of23 THE PERMITTEE IS REQUIRED TO USE HOT MIX OR WARM MIXI MATERIAL: FOR TEMPORARY RESTORATION. COLDI MIX WILLI BE PERMITTED, ATTHE) DISCRETION OF THE DEPARTMENT. PERMITTEE MUSTI MAINTAIN. A SMOOTH PAVEMENT SURFACE SUITABLE FOR DRIVING FOR THEI DURATION OF THE' TEMPORARY PAVEMENT. 15of23 SHOULDERS MUST BEI RESTORED IN ACCORDANCE WITH APPROPRIATE SECTION OF PUB. 408 ANDROADWAY CONSTRUCTION: STANDARDS RC-25M. 16of23 ITI IS THE PERMITTEE'S RESPONSIBILITY TOI IDENTIFY ALLI PENNDOT OWNED/OPERATED FACILITIES WITHIN THE LIMITS OFI PERMITTED WORK. IF DAMAGED: BYTHEI PERMITTED WORK, ITI IS PERMITTEES RESPONSIBILITY7 TO CONTACTTHE DEPARTMENT IMMEDIATELY. ANDI RESTORETHE FACILITYTOITS ORIGINAL CONDITION ORAS 17of23 ALL DISTURBED AREAS OUTSIDETHE PAVEMENT OR SHOULDER SHALL BEI RESTORED TO A CONDITION. ATLEAST: BQUALTOTIATWICK: EXISTED BEFORE THE START OF 18of23 MINIMUM WORK ZONE TRAFFIC CONTROL TO BEI IN ACCORDANCE WITH PUB. 213. SEE 19of23 NOI LANES MAY BEI RESTRICTED BETWEEN THEI HOURS OF 6:00 AMTOS 9:00 AM OR 20of23 DELINEATE UTILITY POLE WITHI REFLECTIVE STRIP PER MUTCD SECTION: 2C.63, AT A 21of23 PERMITTEE MAY BEI REQUIRED TOI PROVIDE DAILYV VIRTUAL INSPECTION VIA CONSTRUCTION MEETING. (K). ACCORDANCE WITH SECTION 459.8 (L). DIRECTED BY THE DEPARTMENT. WORK. PUB 212 FOR ADDITIONAL DETAILS. BETWEEN THE HOURS OF3 3:00PMTO6:001 PM. HEIGHT OF4FT ABOVE' THE1 NEAREST ROADWAY SURFACE. ELECTRONIC: DOCUMENTATION.THS DOCUMENTATION SHOULD: INCLUDE, BUTI ISNOT LIMITED' TO,PHOTOI DOCUMENTATION OF WORK PERFORMED, DAILYLOG OF WORK ACTIVITIES, MATERIAL CERTIFICATIONS, TEST RESULTS, ANDOTHER PERTINENT INFORMATION THATI DOCUMENTS PROPER RESTORATION OF THEI HIOHWAY.PRIORTO THE START OF WORK, CONTACTTHE DISTRICT PERMITI MANAGER OR COUNTY: PERMIT SUPERVISOR FOR SPECIFIC. REQUIREMENTS. FAILURE TOJ PROVIDETHE DOCUMENTATION MAY RESULT IN PENNDOT STOPPING' THE WORK, PHYSICALLY CLOSING ACCESS TOTHE STATE HIGHWAY, AND/OR REMOVAL. ANDI REPLACEMENT OF 22of23 MATERIAL CERTIFICATIONS MUST) BE PROVIDED, BY. AN APPROVED: MANUFACTURER LISTED INTHE DEPARTMENT'S PUBLICATION3 35 BULLETIN 15, FOR. ALLI MATERIALS. AND 23of23 LONGITUDINAL JOINTS MUST NOT BE PLACED IN THE WHEEL PATH- - Al FULLI LANE MILL/OVERLAY MAYI BE) REQUIRED: BY THE: INSPECTOR ASSIGNED: BY' THE DEPARTMENT WORK. STRUCTURES WITHIN PENN: DOTI R/W. TO OVERSEE CONSTRUCTION. Permit # 05061058 Page 2 of3 M-945P (6/12) pennsylvania EPMATPAEMTOTTMANSOAATON Highway Occupancy Permit Acknowledgement of Completion Permit work has been completed: Permit) No.: 05061058 Yassmin Gramian, P.E. Secretary ofTransportation Michael W. Rebert, P.E, District Executive Date: By: Permit #( 05061058 Page 3of3 pennsylvama EPATMENTOFTRANSPOATATON Highway Occupancy Permit Name and Address of] Permittee: County: Lehigh Permit No.: 05061059 Issue Date: 11/2/2022 Expiration Date: 11/2/2023 Application No.: 268915 Account No.: Permit Fee: $ 50.00 Schoenersville Site, LLC clo Bennett Family Properties 144 North 3rd Street, Lehighton, PA 18235 County Contact No.: (610)798-4294 Issuing District Office: 5-0 District Contact No.: (610)871-4167 Municipalities: Hanover Township LLC Immediately: upon completion oft the work Permittee shall notify the permit office where application was made. Subject to all the conditions, agreements, restrictions, and regulations prescribed! by thel Pemsylvania. Department ofTransportation, (see inj particular 67 Pa. Code, Chapter 212, 441 and 459 and State Highway Law, 361 P.S., Section 670- 411, 420 and 421) ands subject to the plans, special conditions, or restrictions herein setj forth or attached hereto. This permit shall bei located at the work site ands shall be available) fori inspection by any police oficer or Department. representative. Location and Description of Work 1of3 State Route #: Permit No.: 05061059 1009 133: Replace Curb Segment(s): Offset(s): 2of3 State Route #: Segment(s): Offset(s): 3of3 State Route #: Segment(s): Offset(s): From 0074' To0074 135: Remove Curb From 02177 To0217 1009 133: Replace Curb From 0074 To 0074 135: Remove Curb From 0302 To 0302 1009 From 00747 To0074 From 0215T00215 521: Install Low Volume Driveway Permit Conditions Permit No.: 05061059 1of31 ACCESS SIGNING AND PAVEMENT MARKINGS MUST BE: MAINTAINED BY PERMITTEE. 3of31 THIS PERMIT REQUIRES THE INSTALLATION OF TWO(2)] DO NOT ENTER SIGNS (R5-1) 30X30, TWO(2)] HORIZONTALONE WAYLEFT: SIGNS (R6-1L): 36X12, ANDTWO(2) HORIZONTALONE WAY RIGHT SIGNS (R6-1R)36X12. THE: PERMITTEE IS RESPONSIBLETO NORTHAMPTON COUNTY FOR THE: INSTALLATION OF THE STORMWATER FACILITIES ASSOCIATED WITH THIS PERMIT. SCHOENERSVILLE: SITE, LLC. WILL: BE CHARGED. ALL WAY IN) WHEN THE TRAFFICI ENTERING AND. EXITING THE. PROPERTY EXCEEDS THIS AMOUNT, A NEW PERMIT MUST BE OBTAINED. IF THE USE OF THE: PROPERTY CHANGES, 2of31 THIS ACCESS. IS RESTRICTED AS FOLLOWS: EGRESS ONLY MAINTAINTHESE SIGNS IN PERPETUITY. 4of31 HIGHWAY OCCUPANCY PERMIT 05061058 WAS ISSUED TO HANOVER TOWNSHIP- INSPECTION. FEES IN: RELATION7 TO' THIS PERMIT. 5of31 THIS PERMIT. IS LIMITED TO. AN ANTICIPATED ADT OF 210 VEHICLES PER: DAY.-( (ONE Al NEW PERMIT MUST BE OBTAINED. 6of31 AS-BUILTI PLANS, IN A. .PDF FORMAT, MAY BEI REQUIRED PRIOR TO THE CLOSE OUT OF THIS PERMIT, IF ANY CHANGES ARE: MADE TO THE APPROVED DESIGN. Permit # 05061059 Page 1of3 pennsytvana EMTAONTOFTRANSSORATON Highway Occupancy Permit Permit No.: 05061059 Permit Conditions Permit No.: 05061059 7of31 A CERTIFICATE OF INSURANCE SHALL. BE SUBMITTED TOT THE DEPT. BY THE PERMITTEE 8of31 VEHICLBTURN, AROUND AREA MUST BEI ESTABLISHED AND: MAINTAINED AS SHOWN ON THE. APPLICATIONTO. PREVENT THE BACK-UP. AND TURNING OF VEHICLES ONT THE 9of31 RESTORATION SECURITY SHALL: BE: SUBMITTED TO THE DEPARTMENT ATLEAST30 DAYS PRIOR TOS START OF WORK. NO WORK MAY BE. PERFORMED UNTIL SECURITYIS 10of31 ALL: PERMANENT SIGNS ERECTED MUST BE: FABRICATED BY. AN APPROVED SIGN MANUFACTURER LISTED INTHE) DEPARTMENTS PUBLICATION35,BULLBTINI5. 11of31 THIS PERMIT: REQUIRES THE. INSTALLATION OF TWO. NOLEFTTURN! SIGNS (R3-2). AND ONE. ALL TRAFFIC: MUSTTURN RIGHT SIGN (R3-7-1R), AS SHOWN ONTHE. APPROVED PLANS.THE PERMITTEE IS RESPONSIBLETO. MAINTAIN: THESE SIGNS IN PERPETUITY. 12of31 CONTRACTOR MUST CONTACT PENNDOT'S DISTRICT: PRESS OFFICE. AT 610-871-4555 AT LEAST 5 WORK DAYS PRIORTO. ANYLANE CLOSURE AND 10 WORK DAYS PRIOR TO ANY 13of31 CONTACTLBHIGH COUNTY PERMIT OFFICE. ATLEAST31 WORK DAYS PRIOR TO START 14of31 NOTIFY THE TRAFFIC. MANAGEMENT CENTER AT 610-871 4600 PRIOR TO SETTINGUP ANY LANE CLOSURES OR RESTRICTIONS, AND WHEN THE CLOSURPRESTRICTONIS 15of31 DEPARIMENTMUST BEI NOTIFIED IN WRITING TWO WEEKS IN ADVANCE OF PRE- 16of31 DEPARIMENTMUST BEI NOTIFIED IN WRITING UPON COMPLETION OF WORK. 17of31 CURB. MUST BB. INSTALLED: IN ACCORDANCE WITH PENNDOT ROADWAY STANDARDS 18of31 PERMITTEE MUST MAINTAIN EXISTING SHOULDER DURING CONSTRUCTION. 19of31 SURFACE DRAINAGE. MAY: NOT BE: DIRECTED ONTO STATE HIGHWAY RIGHT OF WAY. 20of31 THIS PERMITDOES NOT AUTHORIZE DRAIN PIPE' TO: BE INSTALLED ACROSS ANY 21of31 PERMITTEE MUST MAINTAIN ACCESS FROM THE PAVEMENTI EDGE TO. ATI LEAST 201 FEET 22of31 IT IS' THE PERMITTEES RESPONSIBILITY TO DENTIFY ALL: PENNDOT OWNEDOPERATED ORITS CONTRACTOR 30DAYS PRIOR TO: START OF WORK. HIGHWAY PAVEMENT PER 67PA CODE, CHAPTER 441.8(F)(1). APPROVED. FULL CLOSURE. OF WORK AT 610-798-4294. REMOVED. CONSTRUCTIONMBETING. RC-64M. AND RC-67M. DRIVEWAY. OUTSIDE THE HIGHWAY RIGHT OF WAY. FACILITIES WITHIN THE. LIMITS OF PERMITTED WORK. IF DAMAGED BYTHE PERMITTED WORK, ITIS PERMITTBES RESPONSIBILITY: TO CONTACTTHE, DEPARTMENT IMMEDIATELY AND RESTORE THE. FACILITY TOITS ORIGINAL CONDITION ORAS 23of31 ALL DISTURBED AREAS OUTSIDE THE. PAVEMENT OR SHOULDER SHALL BE RESTORED TO. A CONDITION ATLEASTI EQUALTOTHAT WHICH EXISTED BEFORBTHE STARTOF 24of31 MINIMUM WORK ZONE TRAFFIC CONTROL TO: BEI IN ACCORDANCE WITH PUB. 213. SEE DIRECTED BY THE. DEPARTMENT. WORK. PUB 212 FOR ADDITIONAL DETAILS. Permit # 05061059 Page 2of3 pennsytvama DEPARTMENT OFTRANSPORTATION Highway Occupancy Permit Permit No.: 05061059 Permit Conditions Permit No.: 05061059 25of31 NOLANES MAY BEI RESTRICTED BETWEEN THE: HOURS OF 6:00AMTO9:00. AMOR 26of31 LANE CLOSURES WILL: NOT: BE PERMITTED DURING THE. FOLLOWING PERIODS: BASTER BETWEEN THE. HOURS OF 3:00J PMTO 6:001 PM. WEEKEND - FRIDAY 6:00AMTO: TUESDAY 9:00AM; MEMORIALDAY WEEKEND - FRIDAY GOAMTOTUESDAY 9:00AM; FOURTH OFJ JULY HOLIDAY- REQUEST INFORMATION FROMI DISTRICT OR COUNTY PERMIT OFFICE; LABORDAY WEEKEND - FRIDAY 6:00AM TO' TUESDAY 9:00AM; COLUMBUS DAY WBEKEND - FRIDAY 6:00AM7 TO: MONDAY 9:00AM; THANKSGIVING WEEKEND - WEDNESDAY 6:00AM TO. MONDAY 9:00AM; CHRISTMAS HOLIDAY-DECEMBER REQUEST INFORMATION: FROM DISTRICT OR COUNTY PERMIT OFFICE; NEW YEAR'S HOLIDAY-I REQUEST. INFORMATION FROM: DISTRICT OR COUNTY PERMIT OFFICE. THERE! MAY BE. ADDITIONAL TRAFFIC RESTRICTIONS FOR SPECIAL EVENTS THAT ATTRACT LARGE VOLUMES OF TRAFFIC: IN' THE. AREA OF THEI HOP. 27of31 PERMITTEE IS RESPONSIBLB FOR ENSURINGTHATMUD, SILT. AND OTHER DEBRIS IS REMOVED FROM VEHICLES AND TIRES (BY POWER WASH, ETC.)BEFORE: ENTERING 28of31 PERMITTEE MAY BB REQUIRED TOI PROVIDE DAILY VIRIVALINSPECTION VIA BLECTRONICDOCUMENTATION. THIS DOCUMENTATION SHOULDINCLUDE, BUT ISI NOT LIMITED TO, PHOTO DOCUMENTATION OF WORK PERFORMED, DAILY LOG OF WORK ACTIVITIES, MATERIAL CERTIFICATIONS, TEST RESULTS, AND OTHER PERTINENT INFORMATION THATDOCUMENIS PROPER RESTORATION OF THE HIGHWAY. PRIORTO THE START OF WORK, CONTACTTHEDISTRICT PERMIT MANAGER OR COUNTY PERMIT SUPERVISOR FOR SPECIFIC REQUIREMENTS. FAILURETOI PROVIDE' THE DOCUMENTATION MAY: RESULTINI PENNDOT STOPPINGTHE WORK, PHYSICALLY CLOSING ACCESS TO THE STATE: HIGHWAY, AND/OR REMOVAL AND REPLACEMENT OF ONTO' THE HIGHWAY. WORK. 29of31 IF THE. PROPERTY IS SOLD, THE PERMIT MUST: BE TRANSFERRED (ASSIGNED) INTO THE 30of31 DRIVEWAY REQUIRED TO: BE IN ACCORDANCE WITH 671 PA CODE, CHAPTER 441. GRADE 31of31 MATERIAL CERTIFICATIONS MUST BE PROVIDED, BY AN APPROVED MANUFACTURER NEW PROPERTY OWNER'S NAME. BREAK CANNOT: EXCEED 8%, SLOPES WILL BE VARIFIED WITH. A2FOOT: SMART. LEVEL LISTED INTHEI DEPARTMENTS PUBLICATION35) BULLETIN 15, FOR ALL: MATERIALSAND PRIOR TO' THE CLOSE OUT OF THE PERMIT. STRUCTURES WITHIN PENN DOT: R/W. Acknowledgement of Completion Permit work has been completed: Yassmin Gramian, P.E. Secretary ofTransportation Michael W. Rebert, P.E. District. Executive Date: By: Permit # 05061059 Page 3of3 ACORb CERTIFICATE OF LIABILITY INSURANCE DATE (MMDDYYYY) 10/13/2022 THIS CERTIFICATE IS ISSUED AS/ AI MATTER OFI INFORMATION ONLY AND CONFERS NO RIGHTS UPONT THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR! NEGATIVELY/ AMEND, EXTEND OR ALTER THE COVERAGE, AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OFI INSURANCE DOES NOT CONSTITUTEA CONTRACT! BETWEEN THEI ISSUING INSURER(S), AUTHORIZED IMPORTANT: Ift the certificatel holderi is anA ADDITIONAL INSURED, the policy(ies) must! have ADDITIONAL INSURED provisions orl be endorsed. IFSUBROGATIONI IS WAIVED, subject tot the terms and conditions oft the policy, certain policies may require ane endorsement. Astatement on REPRESENTATIVE ORI PRODUCER, AND THE CERTIFICATE HOLDER. this certificate does not confer rights tot the certificate holder inl lieu ofs such endorsement(s). PRODUCER HMKI Insurance South 54 Commerce' Way Suite 150 Bethlehem INSURED CONTACT NAME: PHONE (A/C, No.Ex!: (610)868-8507 ADORESS: E-MAIL INSURERA: Selective Wayl Insurance Co INSURERB: INSURERC: INSURERD: INSURERE E: INSURERF: (610)8 868-7604 NAIC# 26301 TAEOE INSURERIS)A AFFORDING COVERAGE PA 18017 Schoenersvlle: Sitel LLC 144 North3 3rd Street Suite2 Lehighton PA 18235 COVERAGES LTR INSR A CERTIFICATE NUMBER: 22gl/umb REVISION NUMBER: THISI IS TO CERTIFYTHAT THEF POLI ICIES OFI INSURANCE! LISTEDE BELOW HAVE BEENI ISSUEDT TOT THEI INSURED NAMED/ ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING, ANYF REQUIREMENT, TERM OR CONDITION OFA ANY CONTRACT OR OTHERI DOCUMENT WITHE RESPECT TOV WHICHTHIS CERTIFICATE MAYE BEI ISSUED ORN MAYF PERTAIN, THEI INSURANCE/ AFFORDEDE BYT THEI POLICIES DESCRIBED! HEREINI IS SUBJECT TOALLT THE TERMS, EXCLUSIONSA AND CONDITIONS OF SUCHF POLICIES. LIMITS SHOWNI MAY HAVE BEEN REDUCED BYF PAID CLAIMS. TYPE OFI INSURANCE COMMERCIAL GENERALI UABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATEL LIMITA APPLIESPER: POUCY SBS OTHER: AUTOMOBILE! LIABILITY ANYAUTO OWNED AUTOSO ONLY HIRED AUTOS ONLY UMBRELLALIAB A EXCESSI LIAB DED RETENTION $ WORKERS COMPENSATION ANDI EMPLOYERS LIABILITY ANY ORTTOMPTEMECINE OFFICER/MEMBER: EXCLUDED? (Mandatoryi inNH) lfyes, describe under DIPCUPTONGFOPMNDAS: below ADDLISUBR INSD! wvp! Y POLICY NUMBER (MMIDD/YYYY) POUCY EFF (MWDDAYYY) POLICYEXP LIMITS $. 1,000,000 1,000,000 2,000,000 EACHOCCURRENCE DAMAGE PREMISES TOR (Eac RENTED occurrence) $ 500,000 MEDI EXP (Any one person) $ 15,000 GENERAL AGGREGATE PRODUCTS- COMPIOPA AGG $ 2,000,000 COMBINED SINGLELIMIT $ (Eaa accldent) BODILYINJURY (Perp person) $ BODILYI INJURY (Pera accldent) $ PROPERIVDAMAGE (Per acciden!) $ $ EACHOCCURRENCE 4,000,000 4,000,000 PER OTH- STATUTE ER $ ELEACHACCIDENT E.L. DISEASE- EAEMPLOYEE $ E.L. DSEASE-POLCYUMIT $ S2425285 09/27/2022 09/27/2023 PERSONAL &ADVINJURY LOC SCHEDULED AUTOS NON-OWNED AUTOSONLY OCCUR CLAIMS-MADE Y/N NIA S2425285 09/27/2022 09/27/2023 AGGREGATE DESCRIPTION OFC OPERATIONS/ ILOCATIONS IVEHICLES (ACORD 101,Additional Remarks Schodule, mayk bea attachedi ifmores spacei isr required) RE: onstructk low-volume driveway anda associated improvements within PennDOT Right-ol-Wayf for SR1 1009 on Segment 0074, Offsets 0138-0386. Worki is Additional Insuredi in regards to Generall Liability whenr requiredi inav written contract: Commonwealth of Pennsyivania Department ofl Transportation within PennDOT District 5-0 and applied fort under EPSA Application! No.'s 268915 and 274289. CERTIFICATE HOLDER CANCELLATION SHOULD/ ANY OFT THEA ABOVE DESCRIBED: POLI ICIES BE CANCELLED BEFORE THE EXPIRATIONI DATE THEREOF, NOTICE WILLE BEI DELIVEREDIN ACCORDANCE WITHTHE POLICY PROVISIONS. AUTHORIZEDI REPRESENTATIVE Commonwealth of PADpt. ofT Transportation Engineering! Distric! 5-0 10021 Hamilton St Allentown PA 18101 CMROPngmn 01 1988-2015/ ACORD CORPORATION. All rights reserved. ACORD: 25 (2016/03) The ACORD name and logo are registered marks ofA ACORD