LEGALNOTICE NOTICE is hereby given that the Board of Supervisors of Hanover Township, Northampton County, Pennsylvania, will consider for adoption at a Public Meeting tol be held at 7:00 p.m. on the 23rd day ofMarch, 2021, at the Hanover Township Municipal Building, 3630 Jacksonville Road, Bethlehem, Pennsylvania, an Ordinance amending certain provisions oft the Code ofOrdinances, Chapter 155, Streets and Sidewalks, Article IConditions of Curbs and Sidewalks dealing with depositing of snow on Township streets and keeping fire hydrants clear of snow. Due to the COVID-19 outbreak, the meeting will be held electronically through Zoom. To access the meeting through your computer. go to: https://ns02web.zoom.1s//8311831104218017pwd-RVOVCZVMbituw/BY2V4YK50dUr UOT09 and enter Meeting L.D.: 831 1042 1801 and Passcode: 893640. To access the meeting by One tap mobile 4XXA102NEX *893640# US (New York), orl Dial +1 64658.8656US/New York), or to find your local number go to htps/st/webzpon.axCOMAADLRAPUK Copies ofthe proposed Ordinance areavailable for review at the Hanover Township Municipal Building located at 3630 Jacksonville Road, Bethlehem, Pennsylyania during normal business hours. The following is the proposed Ordinance: ORDINANCE NO.21- AN ORDINANCE ENACTED BY' THE BOARD OF SUPERVISORS OF HANOVER TOWNSHIP, NORTHAMPTON COUNTAPENASILVANA, AMENDING CERTAIN PROVISIONS OFTHE CODE OF ORDINANCES, CHAPTER 155,STREETS. AND SIDEWALKS, ARTICLEI II CONDITIONS OF CURBS. AND SIDEWALKS DEALING WITH THE. DEPOSITING OF SNOW ONTOWNSHIP STREETS AND KEEPING FIRE. HYDRANTS CLEAR OF SNOW. AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENTHEREWITH NOW, THEREFORE, bei ite enacted and ordained by thel Board ofs Supervisors ofHanover Township, Northampton County, Pennsylvania, and the same: is hereby ordained and enacted as: follows, to wit: SECTION1. The Supervisors ofHanover. Township, Northampton County, Pennsylvania, under the powers' vested. in them by the "Second Class Township Code", as well as other laws of the Commonwealth of Pennsylvania,; do hereby ordain and enact the following amendment to the Code ofOrdinances oftbeTownshipof Hanover, Northampton County, Pennsylvania Chapter 155, Article I, Sections 155-14a and155-15. SECTION2. Code of Ordinances of the Township of Hanover, Northampton County, Pennsylvania (the Township"), Chapter 155, Article II Section 155- 14, is hereby amended by adding the, following subsections D and Ei to: read as follows: "D. Deposit of snow on streets and fire hydrants prohibited. No person or entity owning, controlling or occupying any property adjoining or fronting upon any Township street shall allow or permit snow ori icet tol bet thrown or placed on Township streets after or during periods ofs snow. Fire hydrants shall not be covered with snow ori ice. E. Fire hydrants to be kept clear. Any person upon whose property a fire hydrant is located shall, within 12 hours ofa a snowfall, clean the fire hydrants, and the area immediately adjacent, ofs snow and ice." SECTION3. Code of Ordinances of Hanover Township, Northampton County, Pennsylvania, Chapter 155, Article II Section 155-15 Violations and Penalties, is hereby amended toi read as follows: "A. Any person who violates or permits a violation of Article II Sections 155-8 to 155-14 A. B. and C. shall, upon conviction in a summary: proceeding brought before al District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100.00 nor more than $1,000.00, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. B. Any person who violates any provision of Article II Section 155-14 D and Eshall be subject to the following penalties: (1), First violation: upon conviction in a's summary proceeding brought before a District Judge under the Pennsylvania Rules ofCriminal Procedure, shall be guilty ofa summary offense punishable bya a fine of $50.00 or 30 days' imprisonment; or both, (2) Second violation: upon conviction in a summary, proceeding brought beforeal DistrictJudge undert the Pennsylvania RulesofCriminal. Procedure, shalll be guilty ofa summary offense punishable by a fine of$150.00 or 60 days' imprisonment, or both. (3). Third and each subsequent violation: upon conviction: in a summary proceeding brought before a District Judge under the Pennsylvania Rules of Criminal Procedure, shall be guilty of a summary offense punishable by a fine of $300.00 or 90 days' imprisonment, or both. (4) Multiple violations: Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense." SECTION 4. If any section, clause, provision or portion of this Ordinance or regulation incorporated herein shall be held tol bei invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion ofthis Ordinance or regulation. SECTION5. All Ordinances and parts of Ordinances inconsistent herewith be and the same are. hereby repealed. SECTION6. THIS ORDINANCE shall be effective five (5) days after adoption. James L. Broughal, Esquire TOWNSHIP: SOLICITOR 38 West Market. Street Bethlehem, Pennsylvania 18018 LEGAL NOTICE NOTICE is hereby given that the Board of Supervisors ofHanover Township, Northampton County, Pennsylvania, will consider for adoption at a Public Meeting to be held at' 7:00 p.m. on the 23rd day ofl March, 2021, at the Hanover Township Municipal Building, 3630. Jacksonville Road, Bethlehem, Pennsylvania, an Ordinance amending Chapter 133, Property Maintenance ofthe Code ofCodified Ordinances toj provide changes to the Property Maintenance Ordinance which include updates to the International Property Maintenance Code. Due to the COVID-19 outbreak, the meeting will be held electronically through Zoom. To access the meeting through your computer go to: https:/usU2web.zoom.1s//831183110421801/pwd-RVovezyMbituw/Bty2V4YK5OdUr UQTO9 and enter Meeting L.D.: 831 1042 1801 and Passcode: 893640. To access the meeting by One tapi mobile +16465588656,93110421801Hm *893640# US (New York), or Dial +1 646558.8656US (New York),ort to find.your local number go to htps/at2wehzmm.UK Copies of thej proposed Ordinance are available for review at the Hanover Township Municipal Building located at 3630 Jacksonville Road, Bethlehem, Pennsylyania during normal business hours. The following is the proposed' Ordinance: ORDINANCE NO. AN ORDINANCE OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA AMENDING CHAPTER 133, PROPERTY MAINTENANCE OF THE CODE OF CODIFIED ORDINANCES TO PROVIDE CHANGES TO THE PROPERTY MAINTENANCE ORDINANCE OF THE TOWNSHIP OF HANOVER WHICH INCLUDE UPDATES TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE ("IPMC") WHEREAS, the Board of Supervisors oft the Township ofHanover, Northampton County, Pennsylvania have enacted, by Ordinance, regulations dealing, in part, with property maintenance, and adopting certain editions oftheIPMC which Ordinance has been amended from time to time; and WHEREAS, the Board of Supervisors of the Township ofHanover, Northampton County, Pennsylvania has determined that ity would be in the best interest oft the Township ofHanover to amend its Ordinance toi include amended and updated edition to the IPMC. NOW, THEREFORE, BE IT AND ITI IS HEREBY ORDAINED AND ENACTED BY THE BOARD OE SUPERVISORS OF THE TOWNSHIP OF HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTIOE: PENNSYLVANIA ASFOLLOWS: Section 1: Section 133-1 Adoption of Standards oft the Code of Codified Ordinances oft the Township of] Hanover, Northampton County, be amended to read as fOllows:"Adopting then 2015International Property Maintenance Code (IPMC), published: by the International Code Council, is hèreby adopted and amended, and shall be cited as the "Property Maintenance Code ofHanover Township, Northampton County, Pennsylvania" Section 2: Section 133-2 Modification to Standards oft the Code of Codified Ordinances oft the Township ofHanover, Northampton County be amended to read as follows: County, JURISDICTIONI" 1.3 Section 101.1, insert "Hanover Township, Northampton Pennsylvania" in place of the bracketed phrase [NAME OF 2. Section 102.3 Application to other Codes, amend "International Zoning Code" to read "Section 185 of the code of Hanover Township, Northampton County, Pennsylvania." 3. Delete Section 106.4 and Restate as follows: "Section 106.4 Violations and penalties. Any person who shall violate aj provision oft this code shall, upon conviction thereof, be subject to a fine ofOne Thousand Dollars ($1,000.00) ori imprisonment for ai term not to exceed ninety (90) days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense." 4.1 Delete Section 107.2 (1) Form and Restate as follows: "Section 107.2 Form. (1) Be in writing to the property owner and occupants, ifa applicable. C6 5.Delete Section107.3 and Restate as follows: "Section 107.3 Method ofservice. Such notice shall be deemed to be properly served ifac copy thereofis sent by certified or first-class mail addressed to the last known address." 6.I Delete Section 111.1-and Restate as follows: "Section 111.1 Application for appeal. Any person aggrieved by notice ofviolation, determination or order issued by the Building Code Office or his/her designee or affected by any rule or regulation adopted pursuant to this Chapter-133 shall have the right to appeal toi the Hanover Township Building Code of Appeals Board, provided a written application for appeal is filed within 30 days following the day the decision, notice or order was served. < 7. Delete Section 111.3 and Rèstate as follows: "Section 111.3 Notice of meeting. The, board shall meet upon notice from the chairman, within 30 days ofthe filing ofa an. appeal, or at stated periodic meetings. 8. In Section 112.4 insert monetary sums of $50.00" and $1,000," respective in the final line ofsection. 9. In Section 302 Exterior Property Areas Insert new subsection "Section 302.10 Storage of mechanical parts and equipment. Any items intended for the construction and or repair of automobiles, lawn equipment and other similar-machinery shall be store in a: fully enclosed building." follows: "Section 302.4 Weeds. Premises and exterior property shall be maintained in accordance with Chapter 89 Grass and Weeds oft the Hanover 10In Section 302.4 Weeds. Delete Section 302.4 and Restate as Township Code of Codified Ordinances. C 11.The: following portions of Section 302.8 are amended as follows: a. Section 302.8. Motor' Vehicles in Residential Districts. Except as provided in otherregulations, not moret than one currently unregistered and/or uninspected motor vehicle shall be parked, kept or stored on any premises located in a residential district as defined by the HanoverTownship: Zoning Ordinance. Districts. Except as provided in other regulations and approved by the Building Code Official, not more than two currently unregistered and/or uninspected motor vehicles shall be parked, kept or stored on any premises located in a nonresidential district as defined by the Hanover Township Zoning Ordinance. Its shall be unlawful for any person, owner or lessee to maintain a motor vehicle nuisance upon any premises, except when completely enclosed in an approved structure. A motor vehicle nuisance shall include any motor vehicle which is unable to move under its own power and has any ofthe following defects: b. Section 302.8.1 Motor Vehicles in Nonresidential C. Section 302.8.2 Motor Vehicle Nuisances Prohibited. 1)Section 302.8.2.1 Broken Windshields, mirrors 2) Section 302.8.2.2 One or more: flat or open tires 3) Section 302.8.2.3 Missing doors, windows, 4) Section 302.8.2.4. Any body parts with sharp 5) Section 302.8.2.5 Missing tires resulting in 6)S Section 302.82.6Upholstery which is torn or 7)Section 302.8.2.7 Broken headlamps or tail- 8)Section 302.8.2.8 Disassembled chassis parts 9) Section 302.8.2.9 Protruding sharp objects from 10) Section 302.8.2.10 Broken vehicle frame 11) Section 302.8.2.11. Leaking or damaged oil pan 12) Section 302.8.2.12 Exposed battery containing 13) Section 302.8.2.13 Inoperable locking 14) Section 302.8.2.14 Open or damaged 15) Section 302.8.2.15 Damaged bumpers pulled or other glass with sharp edges. or tubes which could permit vermin harborage. hood, truck or other body parts which could permit animal harborage, edges, including holes resulting from rust. unsafe suspension: of the motor vehicle. open whichcould permit animal and/or vermin harborage. lamps with sharp edges. apart from the motor vehicle stored" in disorderly fashion or loosei in or on the vehicle. the chassis. suspended from the ground in an unstable manner. or gas tank which could cause a fire or explosion. acid. mechanism for doors or trunk floorboards, including trunk and firewall. away from perimeter of vehicle. 16) Section 302.8.2.16 Broken grill with protruding 17) Section 302.8.2.17 Loose or damaged metal 18) Section 302.8.2.18 Broken communication 19) Section 302.8.2.19 Suspended on unstable edges. trim and clips. equipment antennas. supports. 12. In Section 403.2 Bathrooms and toilet rooms add the following sentence at the end of the section: "Any bathroom and/or toilet room which is mechanical ventilation system vented to the exterior of the building." renovated ori installed after the date ofthis chapter shall be equipped with a 13. In Section 404.4 Bedroom: and living room requirements. delete Section 404.4.1 and Restate as follows:" Section 404.4.1 Room area. Every living room shall contain not less than 120: square feet (11.2 square meters) and every bedroom shall contain not less than 70: square feet (6.5 square meters) for the first occupant and an additional 50 square feet (4.6 square meters) for each additional occupant." 14. In Section 602.3 Heat supply Inserti "October 1to April 30." in place of the 15.nSection 602.4 Occupiable workspaces Insert "October: 11 to. April 30."in 16.n Section 604 Electrical: Facilities Insert new: subsection "Section 604.4. The electrical means of disconnect and overload devices for all occupied building and dwelling units shall: be accessible to the occupants of such buildings and dwelling units bracketed phrase "IDATE] to [DATE] place of the bracketed phrase [DATE] to [DATE)." atall times." 17. In Section 704 Fire Protection Systems, add new subsections as follows: a. Section 704.3. Smoke detention system maintenance. The occupant(s) ofeach dwelling unit shall notify the property owner and/or agent in the event a smoke detector needs to bei repaired and/or replaced. The owner of each dwelling unit shall provide new batteries for smoke detectors and at least annually. It shall bei the responsibility oft the occupant to ensure that the batteries are noti removed for any reason. Anyone tampering ori interfering with the operation or effectiveness ofa smoke detector shall be considered to be in violation oft this Code and shall be subject to the penalties as set forth in Section 106.4 oft this Code. b. Section 704.4. Fire. Extinguishers. 1)Section 704.4.1 Fire Extinguishers shall be provided and maintained as required by Section 906.2 oft the International Fire Code and Chapter 10 oft the National Fire Codes. 2) Section 704.4.2 Every dwelling unit shall be provided with a minimum ofc one 2-A, 10-B: C. fire extinguisher and shall be inspected yearly as required by Section 704.4.1 ofthis Code. SECTION3. REPEALER. Ordinance 5-13, adopting the 2006 International Property Maintenance Code with certain additions, insertions, deletions, and changes thereto, and all other ordinances, code sections. or parts thereofin conflict with this Ordinance, are. hereby repealed. SECTION4. SEVERABILITY. AllOrdinances or parts of Ordinances or Resolutions conflicting with the provisions ofthis Ordinance are hereby repealed to the extent of such conflict. days after adoption. SECTION5. EFFECTIVE DATE. This Ordinance shall be effective five (5) James L. Broughal, Esquire TOWNSHIP SOLICITOR 38 West Market Street Bethléhem, Pennsylvania 18018 HANOVER TOWNSHIP, NORTHAMPTON COUNTY RESOLUTION 2021- A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, COMMONWEALTI OF PENNSYLVANIA URGING ALL PENNSYLVANIA LEGISLATORS TO OPPOSE GOVERNOR WOLF'S PROPOSAL TO LEVY A FEE ON ALL LOCAL GOVERNMENT FOR THE FUNDING OF PENNSYLVANIA STATE POLICE. WHEREAS, Hanover Township is a municipal corporation located in Northampton County, WHEREAS, the Second Class Township Code authorizes ai municipality toj provide forj police services WHEREAS, Hanover Township has maintained. and funded full-time police coverage since 1995 through an inter-municipal agreement, which resulted in the creation of the Colonial Regional Police Commonwealth of Pennsylvania, which is governed by the Second Class Township Code; and for the public health, welfare and safety; and Department; and WHEREAS, Hanover Township' s budget for police services in 2021 is $2,269,333, which represents WHEREAS, Governor Wolf's proposed budget for the FY 2021-2022 outlined a municipal-imposed WHEREAS, under Governor Wolf's budget proposal, Hanover Township would pay the WHEREAS, The. Pennsylvania Statel Policel havel been inequitably funded by) Pennsylvania Legislative WHEREAS, The Board ofSupervisors believes members oft thel Pennsylvania General Assembly and Governor should responsibly work together to find an equitable solution to properly fund the Pennsylvania State Police that will not place a financial burden on municipalities who already pay for full-time police 25% of the total 2021 budget of $9,042180; and fee that would provide further funding fort the Pennsylvania State Police; and Commonwealth of] Pennsylvania an additional $84,849.33; and and Executive branches for many. years; and services; and NOW THEREFORE, BE ITRESOLVED that the Board of Supervisors of Hanover Township, Northampton County, Commonwealth: of Pennsylvania urges our local Commonwealth of Pennsylvania legislators, State Representative Ann Flood and State Senator Mario Scavello, to not only oppose any imposition of fees for Pennsylvania State Police coverage on municipalities that pay for full-time police coverage independent of Pennsylvania State Police, but also work with Governor Wolf to find an equitable solution to fully fund the Pennsylvania State Police ini the future. RESOLVED AND ENACTED this 231d day of] March, 2021. Hanover' Township, Northampton County ATTEST: Elizabeth D. Ritter, Secretary John N. Diacogiannis, Chairman LANGAN ENGINEERING &4 ENVIRONMENTAL. SERVICES Technical Excellence Practical Experience Client Responsiveness March 8, 2021 Via email JohnJ. Finnegan, Jr., Township Manager Hanover Township 3630 Jacksonville Road Bethlehem, PA 18017 Re: Pennsylvania Municipal Planning Code Extension Letter Willow Crest Farms Hanover Township, Northampton County, PA Langan Project No.: 200114001 Dear John: Regarding the above reterenced project, on behalf of the applicant, please let this letter serve to grant the Township an extension until June 30, 2021 to review and take action under the Pennsylvania Municipal Planning Code. Please call us at (215) 491-6500 if you have any questions. Very truly yours, Langan Engineering and Environmental Services, Inc. Chh Gregory Elko, PE Managing Principal/Executive Vice President CC: Arnold Alleyne - Willow Crest Farms, LLC Gregory Gulick, - Owner Jim Holzinger, Esq. Boyer Holzinger Harak & Scomillio angen.comtdatDhdatudaao2ton-onPaRetokaDauCamsgondmano202010-3Hamoveri Township! MPC Extension Letter. doc P.0. Box 1569 Doylestown, PA 18901-0219 T215.491.6500 2700 Kelly Road, Suite 200 F: 215.491.6501 www.langan.com 18976 Shipping Address: Stone Manor Corporate Center Warrington, PA New. Jersey . New) York - Virginia . California - Pennsylvania . Connecticut . Florida - Abu Dhabi Athens . Doha * Dubai . Istanbul LIBERTY ENGINEERING,INC. CIVIL.-STRUCTURAL-MECIANCAL-EIRCTNING March 17,2021 Board of Supervisors Hanover Township, Northampton County 3630. Jacksonville Road Bethlehem, PA 18017-9302 RE: Time Extension Freshpet LEI Project No. 1468 Dear Board Members: LVIPIV,Lots 55/56 Manufacturing Addition Onl bchalfofProfessor Connor's, we are hereby requesting a 90-day time extension for the purpose of completing the improvements. The current application expires on April 5,2 2021 and the extension is granted to. July 5, 2021. Thank you for your consideration oft this matter. Very truly yours, LIBERTY ENGINEERING, INC. PaulA. Sgewcgak Paul A. Szewczak Principal PAS/scc 7150 Windsorl Drive, Suite 5, Allentown, PA 18106 (484)223-1761 Fax (484)223-1768 www.liberlyengr.com Page 1of1 BASE ENGINEERING INC. CONSULTING ENGINEERS & SURVEYORS 1010N.QUEBEC: STREET, ALLENTOWN, PA 18109-1607 (610)4 437-0978 (610)4 437-0979 FAX/610)432-3800 AF ENGINEERINGINCA asfregpstnton MECHANICAL . SUPERVISION www.BaseEng.com CIVIL . STRUCTURAL . MUNICIPAL e ELECTRICAL . MATERALHANDLING Board of Supervisors Hanover Township Northampton County 3630. Jacksonville Road Bethlehem, PA 18017 March 17,2021 Re: MPC TIME EXTENSION letter Hindu Temple Society Base Project #2019-258 Proposed building expansion at 4200 Airport Road (TMP M5-7-170-0214; M5-7-17C-0214E; M5-7-17B-0214) Dear Supervisors, Please consider this letter as requesting the necessary MPC time extension for 90 days beyond April 11, 2021 through July 10, 2021 - on behalfo ofthe Applicant (Hindu Temple Society). questions. Thank you in anticipation of your approval. Please contact this office ify youl have any Yours sincerely, Amt Makhepe. Amit Mukherjee, MS,PE Principal Engineer mukiere@hsengcon (P)610-437-0978 ext. 13 Fellow-ASCE c.c.: HEA HTS Malkames Law Office AM/clw - Build your foundation on a solid BASE 42 years ofservice with integrity * Hanoverfngineering 252 Brodhead Road . Suite 100 . Bethlehem, PA18017-8944 Phone: 610.691.5644 . Fax: 610.691.6968 . HanoverEng.com March 17, 2021 Mr. John J. Finnigan Jr., Township Manager RE: Biafore Avenue Sinkholes HanoverTownship, Northampton County 3630J Jacksonville. Road Bethlehem, PA 18017-9302 Dear) Jay: End of Maintenance Period Hanover Township, Northampton County Hanover ProjectH17-20 The Township staff has inspected the condition oft the Biafore Avenue gtouting project, and the repairs are: in an acceptable condition. We recommend the Township end the 18-month Maintenance Period with Professional Construction Contractors, Inc. and close-out this project. Ifyou have any questions or need additional information, do not hesitate to call this office. Respectfully, HANOVER ENGINEERING bk:kjc T hsipVlamneywtaM-d.DwsTARa.awt Cc: James L.: Broughal, Esquire Envisioning and Engineering: sustainable, cost-effective, and environmentally. responsible projects since. 1971 INSTRUMENT FOR THE DECLARATION OF RESTRICTIONS AND COVENANTS This Instrument for the Declaration of Restrictions and Covenants (Instrument) is being an address of3630. Jacksonville Road, Bethlehem, PA 18017-9302 and Hanover Township (the "Grantee"), having an address of3630. Jacksonville Road, Bethlehem, PA 18017-9302. made as oft this day ofOctober, 2020, by Hanover Township. the "Grantor"), having WITNESSETH: WHEREAS, Grantor is the owner of certain land situated in Hanover Township, Northampton County, Pennsylvania, containing 24.781/-acres and being designated as 4025 Old Airport Road, on that certain lot consolidation deed recorded in County Book Volume 2013-1 Page 66749, and being Northampton County Tax Parcel #M5-425A-0214E , and being more particularly described in that certain Deed récorded to "Property"). WHEREAS, Grantor has agreed to provide this Instrument to protect the Property; WHEREAS, the Property is included within the boundary of an General National Pollution Discharge Elimination System (NPDES) Permit for Discharges of Stormwater Associated with Construction Activities, (Permit No. PAG 02004813006) which identifies certain Post Construction Stormwater Management Best Management Practices (PCSM BMPs) located on the Property; WHEREAS, the documents attached to this Instrument and incorporated herein shall include: record drawings/as-builts orthe approved.] PCSM Plan (ifrecord drawings/as-bults are not yet available), attached hereto as Appendix A; WHEREAS, Grantee has agreed to be. responsible for implementation of the approved 0&M Plan for the PCSMBMPs located on the Property as described in the 0&M Plan, which agreement is attached hereto as AppendixA, and incorporated herein; related to long-term operation and maintenance oft the PCSM: BMPs; WHEREAS, Grantor has agreed to provide for necessary access, to applicable parties, NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions hereinafter set forth in this Instrument, and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor provides and files this Instrument: 1. Purpose. The purpose of this Instrument is to provide notice and to ensure the operation and maintenance, and necessary access for operation and maintenance of the PCSM BMPS on the Property and to prevent the use or development of the Property in any manner that may impair or conflict with the operation and maintenance of the PCSM BMPs. Per 25 Pa. Code $102.8(m)(2), this Instrument identifies the PCSM BMP(s), provides for the necessary access 1 related to long-term operation and maintenance of the PCSM BMP(s) and provides notice that the responsibility for long-term operation and maintenance of the PCSM BMP(s) is a covenant that runs with the land that is binding upon and enforceable by subsequent grantees. 2. Declaration of Restrictions and Covenants. Grantor hereby declares that the Property shall be held, transferred, conveyed, leased, occupied or otherwise disposed of and used subject to this Instrument which shall run with the land and be binding on all heirs, successors, assigns, occupiers, and lessees. 3. Perpetual Duration. The provisions of this Instrument shall remain in effect in perpetuity, shall be deemed covenants running with the land regardless ofownership or use, and be binding upon all subsequent property owner(s); and the personal representatives, heirs, successors, or assigns oft the Grantor. 4. Reserved Rights. Grantor reservés and accepts unto itself and the personal representatives, heirs, successors, or assigns ofthe. Grantor, all rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in all uses oft the Property that are not inconsistent with the purposeofthis Instrument. 5. Subsequent Transfers The terms ofthis Instrument shall be incorporated by reference into any deed or other legal instrument by which Grantor divests itself by sale, exchange, devise or gift ofall or any portion ofthe Property, Failure of Grantor to perform any act required by this Instrument shall not, impair the validity of this Instrument or limit its enforceability in any way, Upon valid sale or transfer of Grantor's ownership interest to a successor or assign and notice as required by this paragraph, Grantor shall be released from any responsibility for any violation ofthe terms ofthis Instrument caused by Grantor's successors or assigns or any third party which occurs subsequent to such sale or transfer. 6. Recordation. Grantor shall record this Instrument in the Official Records of Northampton County, Pennsylvania, Grantor shall pay all recording costs neçessary to record this Instrument in thej publicrecords. 7. Notices. All noticès, consents, approvals or other communications required under the provisions ofthis Instrument shall be in writing and shall be deemed properly given if hand delivered, sent by a nationally recognized overnight courier, or sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor in interest, at the address most recently provided. 8. Access Provisions. The party responsible for the implementation of the 0&M Plan may enter the Property upon reasonable notice, in a reasonable manner and at reasonable times for purposes ofimplementation of the 0&M Plan. 9. Miscellaneous Provisions. (a) Severability. If any provision of this Instrument or the application ofit to 2 any person or circumstance is found to be invalid, the remainder of the provisions of this Instrument and the application of the provisions to persons or circumstances other than those as to which it is found to be invalid, shall not be affected by the invalid provision. (b) Amendment. This Instrument shall not be amended, terminated or in any way modified by the Grantor without the express prior written approval oft the Commonwealth of Pennsylvania Department of Environmental Protection (Department). After receiving approval from the Department, the Grantor shall record any such amendment, termination or modification ofthis Instrument as described in Paragraph 6, above, (c) Controlling Law. The interpretation and performance of this Instrument (d) Captions. The captions in this Instrument have been inserted solely for shall be governed by the laws ofthe Commonwealth ofPennsylvania. convenience of reference and are not a part of this Instrument and. shall have no effect upon construction or interpretation. (e) Rights of the Department. The rights ofthe Department shall be preserved () To identify, to preserve and to protect in perpetuity the PCSM BMPS (i) Toi enters upon the Property in a reasonable. manner and at reasonable intervals and times for the purpose of monitoring compliance with this under the laws of the Commonwealth of Pennsylvania, and include, but not be limited to, the following: in ai manner consistent with the 0&M Plan. Instrument. (ii) To proceed ati law or in equity to enforce the provisions of this Instrument and to preyent the occurrence ofany of the prohibited activities hereinafterset: forth. Paragraph 9(b), above. (iv) To approve or disapprove a request for an amendment submitted under 3 IN WITNESS WHEREOF, the undersigned, being the Grantor and Grantee, herein, has hereunto executed on the day and year first above written. Grantor Signature Printed Name ATTEST: On this, the Date Commonwealth of] Pennsylvania County ofNorthampton day ofOctober, 2020, before me, al Notary Public, personally appeared John J. Finnigan, Jr., having a title ofTownship Manager ofHanover Township, Northampton County, PA known to me. (or satisfactorily. proven) to be the person whose name is subscribed to the foregoing document, and acknowledged that he/she executed the same for the purposes therein contained, IN WITNESS WHEREOF, Ihave hereunto set my hand and notarial seal. NOTARY SEAL Notary Public My Commission Expires: Grantee Signature Printed Name ATTEST: On this, the Date Commonwealth of Pennsylvania County of Northampton day ofOctober, 2020, before me, al Notary Public, personally appeared JohnJ Finnigan, Jr., having a title ofTownship Manager ofHanover Township, Northampton County, PA known to me (or satisfactorily proven) to be the person whose name is subscribed. to the foregoing document, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, Ihave hereunto set my hand and notarial seal. NOTARY SEAL Notary Public My Commission Expires: 4