GREG ZEBROWSKI Chair STEVEN GLICKMAN Vice Chair PAMELAI PEARSON Tregsurer BECKYA Executivel A. BRADLEY, Director AICP  LVPC  Lehigh Valley Planning Commission  August 28, 2020 Mr. John Finnigan, Manager Hanover Township 3630 Jacksonville Road Bethlehem, Pennsylvania 18017  RE: Zoning Ordinance Amendment - Maximum Heights of Buildings  Hanover lownanp-Northampton County  Dear Mr. Finnigan:  The Lehigh Valley Planning Commission (LVPC) considered the subject amendment at its Comprehensive Planning Committee and Full Commission meetings, pursuant to the requirements of the Pennsylvania Municipalities Planning Code (MPC). Discussion on agenda items largely happens during the Committee meeting. Both meetings were  virtual, please see the meeting details below.  LVPC Comprehensive Planning Committee Meeting August 25, 2020 at 12:00 PM LVPC Full Commission Meeting - August 27, 2020 at 7:00 PM  The draft zoning ordinance amendment proposes to increase the permissible maximum building and structure heights in the Township's commercial and employment zoning districts to 45 feet. This amendment is of local concern and is generally consistent with FutureLV: The Regional Plan because it does not pose substantial impacts to the region. Rather, the proposal is supportive of higher density development, through increased building heights along Corridors, which increases 'the social, economic and If you have any additional questions regarding the content of this letter, please do not  environmental well-being of the region' (of Policy 1.1).  hesitate to call. Thank you very much.  Sincerely, AmduRg Samantha Smith Chief Community Planner  Cc: James Broughal, Esq., Hanover Township Solicitor    AN ORDINANCE OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA AMENDING CHAPTER 185 ZONING, ARTICLE XII ADMINISTRATION AND PENALTIES OF THE CODE OF CODIFIED ORDINANCESTOPROVIDE CHANGESTO THE APPEALS, VIOLATIONS AND PENALTIES OF THE ZONING ORDINANCE OF THE  TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY,PENNSYLVANIA  WHEREAS, the Board of Supervisors oft the' Township of Hanover, Northampton County, Pennsylvania have enacted, by Ordinance, enforcement, appeal, remedy, violation, and penalty provisions dealing, in part, with zoning which Ordinance has been amended from time to1 time; and WHEREAS, the Board of Supervisors oft the Township of Hanover, Northampton County, Pennsylvania has determined that it would bei in the best interest oft the' Township of Hanover, Northampton County, Pennsylvania ("Township") to amend its Ordinancei to include updates to zoning  enforcement, appeal, remedy, violation, and penalty provisions.  NOW, THEREFORE, BEI IT AND ITI IS HEREBY ORDAINED AND ENACTED BY' THE  BOARD OF SUPERVISORS OF THETOWNSHIP OFI HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA ASI FOLLOWS:  Section 1:  Chapter 185 Zoning; Article XII Administration and penalties; Section 185-42  Administration and appeals is amended in its entirety to read as follows:  "S 185-42 Administration and appeals.  A. Zoning Officer. Provisions of Chapter 185 shall be administered and enforced by the Township Zoning Officer, who shall be appointed by the' Township Supervisors. The Township Zoning B. Duties and powers ofZoning Officer. It shall bet the duty oft the Zoning Officer to enforce literally the provisions of Chapter 185 and all rules, conditions and requirements adopted or specified pursuant thereto, and they shall have such duties and powers as are conferred on them by Chapter 185 and as are reasonably implied for that purpose. The Zoning Officer's duties shall include but are not limited to  Officer may not hold any elective office in the Township.  the following:  (1) Receipt ofa applications for and issuance of zoning permits and sign permits. (2) Keeping an official record of all business and activities, including complaints ofa  violation of any oft thej provisions of Chapter 185 and of the action taken consequent to each such complaint. File copies ofa all applications received, permits issued, reports and inspections made in connection with any use, structure, building, sign and/or land shall be retained as long as they remain in have the right to enter any building or structure or enter upon any land at any reasonable hour in the only after the same have been approved by the Zoning Hearing Board or Board of Supervisors, as  existence, or as otherwise permitted by law.  (3). Making ofi inspections as required to fulfill his/her duties. The Zoning Officer shall (4) Issuance of permits for special exception uses, conditional uses and for variances (5) Keeping Chapter 185 and the Zoning Map up to date sO as to include. all amendments (6) Issuance of certificates of use and occupancy in accordance with the terms of Chapter  course ofhis/her duties.  appropriate, in accordance with thei regulations of Chapter 185.  thereto. 185.    (7) Identification and registration of nonconforming uses, structures and dimensions (8) Issuance of enforcement notices and institution of civil enforcement proceedings as a (9). Issuance of temporary use and structure permits in accordance with the terms of C.Enforcement notice. The Zoning Officer shall serve an enforcement notice on any person, firm, corporation, partnership or other entity responsible for violating any oft thej provisions of Chapter 185 or in violation of a detailed statement or aj plan approved thereunder. The enforcement notice shall be  created as ai result oft the adopting ofChapter 185 and Official Zoning Map or created as a result of amendments thereto and issuance of certificates, upon application, with respect to the same.  means of enforcement. Chapter 185.  in writing and shall state: intends to take action;  (1)The name ofthe owner ofi record and any other person against whom the' Township (3) The specific violation with a description of the requirements which have not been (4) The date before which the steps for compliance must be commenced and the date (5)That the recipient ofthe notice has the right to appeal to the Zoning Hearing Board within aj prescribed period oft time in accordance with thej procedures set forth in Chapter 185; and (6)That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described. D.Appeals. Any other appeal(s) from a decision of the Township Zoning Officer shall bei made SECTION2. Chapter 185 Zoning, Article XII Administration and Penalties;  (2) The location oft the property in violation;  met, citing in each instance the applicable provisions of Chapter 185;  before which the steps must be completed;  directly to the Township Zoning Hearing Board."  Section 185-43 Violations and penalties is amended in its entirety to read as follows: A. Remedies. In case any building, structure, landscaping or land: is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained or used in violation of Chapter 185, the Board of Supervisors or, with the approval oft the Board of Supervisors, the Zoning Officer or other officer oft the Township or any aggrieved owner or tenant ofreal property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may: institute any appropriate action or proceeding toj prevent, restrain, correct or abate such building, structure, landscaping or land or toj prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice oft that action shall be served upon the' Township at least 30 days prior to the time the action is begun by serving a copy oft the complaint on the Board of  "S 185-43 Violations and penalties.  Supervisors. No such action may be maintained until such notice has been given.  B. Violations andj penalties. Any person, partnership, corporation or other entity who or which has violated or permitted the violation oft the provisions of Chapter 185 shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay aj judgment ofr not more than $500, plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. Noj judgment shall commence or be imposed, levied or payable until the date of the determination ofa violation by the Magisterial District Judge who has jurisdiction over the action. Ifthe defendant neither pays nor1 timely appeals the judgment, the' Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District. Judge determining that there has been a violation further    determines that there was a good faith basis for the person, partnership, corporation or other entity violating Chapter 185 tol have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date oft the determination of aviolation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the  violation of Chapter 185 shall be paid to the' Township fori its general use."  SECTION3. SEVERABILITY The provisions of this Ordinance are severable, and ifa court ofcompetent jurisdiction declares any provision oft this Ordinance to be invalid ori ineffective in whole or inj part, the effect ofs such decision shall be limited tot those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions ofthis Ordinance shall continue to be  separately and: fully effective.  SECTION4. REPEALER. All Ordinances or parts of Ordinances or Resolutions conflicting SECTION5. EFFECTIVE DATE. This Ordinance shall be effective five (5) days after  with the provisions of this Ordinance arel hereby repealed to the extent of such conflict.  adoption.  James L. Broughal, Solicitor Hanover' Township Northampton County 38 West Market Street Bethlehem, PA: 18018    The following is the proposed. Amendment to the Hanover Township Zoning Ordinance:  ORDINANCE NO..  AN ORDINANCE OF THE TOWNSHIP OF HANOVER, NORTHAMPTON COUNTY, PENNSYLVANIA AMENDING PART II GENERAL LEGISLATION, CHAPTER 185 ZONING, ARTICLE VII COMMERCIAL DISTRICTS AND ARTICLE VII EMPLOYMENT DISTRICTS OF THE CODE OF CODIFIED ORDINANCES TO PROVIDE CHANGES TO MAXIMUM HEIGHTS OF BUILDINGS AND STRUCTURES OF THE: ZONING ORDINANCEOFTHETOWNSHIP OF HANOVER WHEREAS, thel Board of Supervisors of the' Township ofHanover, Northampton County, Pennsylvania have enacted, by Ordinance, maximum heights ofbuildings ands structures in Commercial and) Employment Zoning WHEREAS, thel Board of Supervisors of the' Township of Hanover, Northampton County, Pennsylvania has determined that it would be ini the besti interest of the Township ofHanover to amend its Ordinance to include updates toi maximum height ofbuildings ands structures in Commercial and Employment Zoning Districts. NOW, THEREFORE, BE IT ANDI ITI IS HEREBY ORDAINED AND ENACTED BY' THE) BOARD OF SUPERVISORS OF THE TOWNSHIP OFI HANOVER, COUNTY OF NORTHAMPTON,  Districts, which Ordinance has been amended from timet tot time; and  COMMONWEALTH OF PENNSYLVANIA AS FOLLOWS:  SECTION1.  Section 185-30D(5) is amended in its entirety, to read as follows:  "Maximum building or structure height: 45 feet."  SECTION2.  Section 185-31E(4): is amended in its entirety, to read as follows:  "Maximum building or structure. height: 45 feet."  SECTION3.  Section 185-32E(4) is amended ini its entirety, to read as follows:  "Maximum building or structure. height: 45 feet."  SECTION4.  Section 185-34D(5) is amended in its entirety, to read as follows:  "Maximum building height: 45: feet."  SECTION5.  Section 185-34D(6). is: amended in its entirety, to read as follows:  "Maximum structure height: 451 feet."    SECTION6.  Section 185-35F(2) is amended in ifs entirety, to read as follows:  "General Criteria  Minimum Lot Minimum Lot  Maximum Building Maximum Lot Coverage 70% 65% 60%  Area (acres) 3 2* 1*  Width (feet) 225 175 150  Height (stories) 4 4 4  Principal Use All uses  (feet) 45 45 45  NOTES:  *The minimum lot areai may be reduced below three acres only ift the average lot area throughout the approved PIBD  development is equal to or greater than three acres."  SECTION7.  Section 185-36H(1) is amended in its entirety, to read as follows:  "General Criteria  Maximum Land Coverage  Maximum Building Height  Minimum Minimum Lot Area (acres) Use R1-S standards 26F(2)] 3 2* 1*  Lot Width (feet)  Principal Use Single- family detached [see 5 185- Other uses  Byl Buildings ByTotal  (stories)  (feet)  Impervious Cover  225 175 150  40 35 30  65 60 55  4 4 4  45** 45** 45**  NOTES:  *The minimum lota areai may be reduced below three acres only ift the average. lot area throughout the nonresidential **Four-story buildings shall be located no closer than 250 feet to ai residential zoning district boundary line. Buildings less than four stories may be located lesst than 2501 feet to ai residential zoning district boundary line, but in no case closer than the minimum yard requirements int this) Planned Office, Research and Residential District."  portion of an approved PORR development is equal to or greater than three acres.    SECTION8.  Section 185-37E(5) is amended ini its entirety, to read: as follows:  "Maximum building and structure height: 451 feet or four-story."  SECTION9.  Section 185-38I(2) is amended in its entirety, to read as follows:  "General criteria:  Maximum Lot Coverage  Maximum Building Height*  Minimum Lot Minimum Lot  Area (acres) 5 NOTES:  Width (feet) 275  Buildings 30%  Total Impervious 50%  (stories) 4  (feet) 45  *AlI buildings must comply with Federal Aviation Administration regulations for the maximum building height SECTION. 10. SEVERABILITY. The provisions of this Ordinance are severable, andi ifa court of competent jurisdiction declares any provision oft this Ordinance to be invalid ori ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision tol be invalid or ineffective, and all other provisions oft this Ordinance shall continue to be separately and fully effective.  within any portion of the AFHBD,"  SECTION11. REPEALER. All Ordinances or parts ofOrdinances or Resolutions conflicting with the SECTION12. EFFECTIVE DATE. This Ordinance shall be effective five (5) days after adoption.  provisions of this Ordinance are hereby repealed to the extent ofs such conflict.  James L. Broughal, Solicitor Hanover Township Northampton County 38 West Market Street Bethlehem, PA 18018    RESOLUTION 2020-1 13  HANOVER TOWNSHIP - NORTHAMPTON COUNTY WHEREAS, public safety is one of the primary functions of municipal government; and WHEREAS, speeding motorists on local roads is one oft thei most common safety concerns WHEREAS, municipal police are not authorized to use radar and LIDAR, the speed- WHEREAS, Pennsylvania is the only state in the nation that prohibits municipal police from using radar and LIDAR which are considered the safest, most efficient, and most economical  voiced by constituents to local elected officials; and  timing tools used by the State Police including on the local roads they patrol; and  speed-timing devices; and  WHEREAS, thel National Highway Traffic Safety Administration reported that nationally in 2015, 85-percent of all speeding-related traffic fatalities occurred on local roads where posted  speeds are 55 miles or less per hour; and  WHEREAS, Pennsylvania has the distinction as the state with the worst record for speeding-related fatalities based upon statistics compiled by the National Highway Traffic Safety Administration for 2015. Additionally, Pennsylvania had the fourth highest number of speeding- related fatalities, the second highest percentage ofs speeding-related fatalities to total fatalities, and second highest number ofspeeding-related fatalities on local roadways in the country; and  WHEREAS, Senate Bill 607 was introduced in the Pennsylvania State Senate to allow local police and give municipalities the ability to use: radar and LIDAR to monitor vehicle speeds  on local roads.  WHEREAS, Senate Bill 607 has passed the Pennsylvania State Senate during the current legislative session and was sent to the Pennsylvania House Transportation Committee on June 26,  2019; and  WHEREAS, Senate Bill 607 is on second consideration by the Pennsylvania House of WHEREAS, it is a falsehood that municipalities will use these devices to generate local revenue as a municipality receives only a small portion of the base fine that does not cover the  Representatives and is awaiting a final vote by the full House of Representatives; and  personnel costs of using these devices.  THEREFORE, BE. IT RESOLVED for the reasons stated above, the Hanover Township Board of Supervisors urges State Representative Marcia Hahn to aggressively call upon the leadership of the Pennsylvania House of Representatives to bring Senate Bill 607 to a vote by the  full Pennsylvania House of Representatives.    BE IT FURTHER RESOLVED, the Hanover Township Board of Supervisors urges its citizens who support local use of radar and LIDAR to help protect public safety to contact State  Representative Marcia Hahn to voice their support in favor of Senate Bill 607.  IN TESTIMONY WHEREOF, the undersigned has caused this Resolution to be signed by a duly authorized officer and its corporate seal, duly attested by the Board Secretary, to be  hereunto affixed this 22nd day of September, 2020.  HANOVER TOWNSHIP, NORTHAMPTON COUNTY,PA  ATTEST:  Elizabeth D. Ritter, Secretary  John N. Diacogiannis, Chairman    BOARD OF SUPERVISORS Zoning & Code Enforcement Hanover Township Northampton County 3630 Jacksonville Road Bethlehem, Pennsylvania 18017-9302 610.866.1140 Fax610.758.9116  John J. Finnigan, Jr., Township Manager Yvonne D. Kutz, Zoning Officer- B.C.O. Joseph G. Bednarik, Jr., Code Enforcement  September 17,2020 To:  Board of Supervisors John J. Finnigan, Jr Elizabeth Ritter Barbara Baldo Joseph Moeser Brian Dillman Ted Lewis, Esquire Jim Broughal, Esquire Brien Kocher, HEA Planning Commission Zoning Petition: 20ZHB15 Applicant:  RE:  Coleen and Jorge Alvarez  Property location: 4437 Kathi Drive, Bethlehem PA Zoning District: RI-S, Residential Suburban District  Enclosed is a copy of an application received September 17, 2020, from Applicant is seeking a variance from the Meeting is tentatively scheduled for Thursday, October 15, 2020, Notice of hearing will: follow under separate  setback provisions oft the Ordinance to construct an inground swimming pool  cover.  Yvonne D. Katz    LANGAN ENGINEERING & ENVIRONMENTAL SERVICES  Technical Excellence Practical Experience Client Responsiveness  September 15, 2020  Via email  John. J. 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 referenced project, on behalf of the applicant, please let this letter serve to grant the Township an extension until December 31, 2020 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  amomcomeataonasipatoNzt Hanover Township MPC Extension Letter.doc  P.O. Box 1569  Doylestown, PA 18901-0219  T-215.491.6500 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 . Pennsyivania . Connecticut - Florida . Abu Dhabi . Athens Doha . Dubai . Istanbul    BASE ENGINEERING INC. CONSULTING ENGINEERS & SURVEYORS 1010 N. QUEBEC STREET, ALLENTOWN, PA 18109-1607  (610)437-0978 (610)437-0979 FAX (610)4 432-3800  AF ENGINEEINGINCN ErgesatNgcwn MECHANIÇAL . SUPERVISION September 16,2020 Revised Sat.18,2020  www.BaseEng.com  CIVIL STRUCTURAL . MUNICIPAL . ELECTRICAL . MATERALHANDLING  Board of Supervisors Hanover' Township Northampton County 3630 Jacksonville Road Bethlehem, PA 18017 Re:  'TIME EXTENSION letter Proposed Dunkin Donuts at 4098 Bath Pike (TMP M615-10G-0214/Pasei Project #2016-118  Dear Supervisors,  Please consider this letter as: requesting the necessary. time extension for 90 days beyond September 18, 2020 through December 18, 2020-C on behalfofthe. Applicant (Divinity Group, LLC).- for the Davekspur * Complt the phvemnt. Thank you: in anticipation of your approval. Please contact this office if you have any  questions.  Yours sincerely,  Amt Makheje. Amit Mukherjee, MS,PE Principal Engineer mukiete@hassengcon (P)610-437-0978 ext. 13 Fellow-ASCE  C.C.: HEA AM/clw  Build yourj foundation on a solid. BASE * 4lyears ofservice with integrity *    Griffin Industrial, LLC 204 West Newberry Road Bloomfield, CT 06002 T: 860-286-7660 F:860-286-7653  GRIFFIN INDUSTRIAL REALTY  wgtifnndusinalcom  September 16, 2020  Board of Supervisors Hanover Township 3630 Jacksonville Road Bethlehem, PA 18017-9302 Re: 5210 and 5220. Jaindl Blvd To Whom It May Concern:  HCC2 Lot 10 Land Development Improvements  Please accept this request for a 180 day extension of time to complete the Land Development Improvements at 5210 and 5220 Jaindl Blvd (HCC2 Lot 10). The current improvement Please call should you) have any questions concerning this correspondence (860)243-4011.  deadline is October 7, 2020.  Sincerely, A6Bu Scott Bosco Vice President GLNCM, LLC      ENN TECHNOLOGY CONSULTING, LLC  P.O. Box 66, Fogelsville, PA 18051 Land Development /Site/Civil Engineering  Phone: 610-730-9809  suckands@gmal.com http:/pennte.com  September 16, 2020 Planning Commission Board Hanover Township Northampton County 3630. Jacksonville Road Bethlehem, Pennsylvania 18017-9302  RE: 6292 Hanoverville Rd, Minor Subdivision Plan Airport Road and Hanoverville Road PTC Project No. 180723 Dear Planning Commission Board,  East Allen & Hanover Townships, Northampton County, Pennsylvania  Please accept this correspondence as at time extension to act upon the above captioned Subdivision Plan. This extension shall be valid to and including December 31, 2020. Should you have questions, please do not hesitate  to contact the undersigned. Thank you.  Sincerely, A  Sue Kandil, P.E. President 610-730-9809    LIBERTY ENGINEERING, INC. CIVIL-STRUCTURAL- MECHANICAL- ELECTRICAL-PIIMBINO  September 16, 2020 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:  LVIP IV,Lots 55/56 Manulacturing Addition  On behalf ofl Professor Connor's, we are. hereby requesting a 90-day time extension fort the purpose of completing the improvements. The current application expires on October 5, 2020  and the extension is granted to. January 5, 2021. Thank you for: your consideration of this matter.  Very truly yours,  LIBERTY ENGINEERING, INC. PaulA. Sgewcgak Paul A. Szewczak Principal PAS/scc  7150 Windsor Drive, Suite 5, Allentown, PA 18106 (484)223-1761 Fax( (484)223-1768 www.Ibertyengr.com  Page 1 ofl