REGULAR SEMI-MONTHLY MEETING
January 23, 2007

 

            The regular semi-monthly meeting of the Board of Supervisors, Hanover Township, Northampton County, Pennsylvania was called to order by Chairman John N. Diacogiannis at the Hanover Township Community Center, 3660 Jacksonville Road, Bethlehem, Pennsylvania, 18017 at 7:30 P.M.

 

            Present were Supervisors Colon, Salvesen, Nagle and Walbert, Engineer Birdsall, Solicitor Broughal, Manager Finnigan and Public Works Director Healy.

 

            The Pledge of Allegiance was performed.

 

            Solicitor Broughal noted for the record that 30 minutes prior to the Board meeting, the Board of Supervisors held an Executive Session in regards to contract negotiations and land acquisitions.

 

            Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the Agenda with an addition under Administration regarding the agreement with the City of Bethlehem for Sewer.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.

 

            Upon motion of Mr. Salvesen, seconded by Mr. Nagle, the Board approved the minutes, as written, from the meeting of the Board of Supervisors dated January 9, 2007.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.

 

            Upon motion of Mr. Salvesen, seconded by Mr. Colon, the Board approved the List of Bills and Transfers dated January 23, 2007 as prepared by the Secretary/Treasurer and to enter the signed List of Bills by the Secretary/Treasurer and the Board of Supervisors as an attachment to the minutes.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.

 

COURTESY OF THE FLOOR

             It was noted that no one wished to offer any comment.

 

REPORT OF THE CHAIRMAN

            Mr. Diacogiannis had nothing to report.

 

REPORT OF THE VICE-CHAIRMAN

            Mr. Walbert had nothing to report.

 

SUPERVISOR’S COMMENTS

            It was noted that no one had anything to report.

 

PLANNING & ZONING

            Mr. Walbert moved that the Board approve to set February 27, 2007 as the date for a conditional use hearing for the property located at 3864 Courtney Street, MSR Engineering Exercise facility.

            Mr. Nagle seconded the motion.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.

 

            Mr. Walbert closed the regular meeting at 7:35 P.M. and opened the Public Hearing for the purpose of considering Amendments to the Zoning Ordinance which provides for active adult residential development in the Residential Rural (R1-R) Zoning District.

            It was noted for the record that the hearing has been duly advertised and a Court Stenographer was present to record all testimony.

            After everyone who wished to speak, had spoken, the public hearing was closed and the regular business meeting was re-opened at 10:28 P.M.

            Mr. Walbert stated that the Board will consider this and make a decision at the February 13, 2007 Board of Supervisors meeting.

 

            Mr. Walbert moved that the Board adopt Ordinance No. 2007-01 which establishes a turn restriction that restricts traffic to a right turn only at the Statten Avenue/Schoenersville Road, the Lane Avenue/Schoenersville Road, and the Roselawn Drive/Schoenersville Road intersections:

 

ORDINANCE NO. 2007-01

 

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF HANOVER, COUNTY OF NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA AMENDING ORDINANCE 02-01, CHAPTER 172, BY RESTRICTING TRAFFIC AND REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT HEREWITH.

            Mr. Colon seconded the motion.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.

 

ADMINISTRATION

            Mr. Nagle moved that the Board authorize the Chairman and Secretary to execute the Agreement between the City of Bethlehem and Hanover Township, regarding sewer service for Hanover Township, subject to agreement being satisfactory to the Township Solicitor, Engineer and Manager.

            Mr. Walbert seconded the motion.

            Mr. Salvesen stated he assumes the agreement will reflect changes discussed during the executive session prior to tonight’s meeting.

            Mr. Broughal stated yes.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.

 

DEVELOPMENTS

            Mr. Colon noted for the record that the developer of Liberty Square Northgate I has granted the Board an extension of 61 days to April 16, 2007.

 

            Mr. Salvesen moved the Agenda on all items unless there is an item that needs individual attention.

            Mr. Broughal stated the only one would be Traditions of America.

 

            Mr. Colon moved that the Board, as recommended by the Township Engineer, approve to adopt the terms and conditions relative to the Preliminary/Record Land Development Plan for Traditions of America, prepared and provided to the Developer/Owner for signature and the Secretary/Treasurer is to notify the Developer/Owner of the Board’s action relative to this matter:

CONDITIONS

 

1.         Prior to recording of this plan, the Developer/Owner shall revise the Grading Plans to satisfy any outstanding comments/drafting issues raised by the Township Engineer.

 

2.         Prior to recording of this plan, the Developer/Owner shall provide the Condominium Association Agreement for review and approval of the Township Solicitor and upon receiving approval shall record the document in the Northampton County Courthouse and place the recording information on the Record Plan(s).

 

3.         Prior to recording of this plan, the Developer/Owner shall provide documentation satisfactory to the Township Solicitor that the Improvements Agreement for the Land Development Plan for the Detention Basin “B” lot in Lower Nazareth Township has been completed and that the Land Development Plan for the lot has been recorded in the Northampton County Courthouse.

 

4.         The Developer/Owner shall enter into an Improvements Agreement with the Township and provide appropriate security.  (SALDO Section 159-30D.(5)).

 

            A.        The Improvements Agreement shall include a notarized statement, satisfactory to the Township Solicitor, stating that the Township shall be held harmless against the claim of damage from the downstream property owners that may result from the proposed development.  (Stormwater Section 152-10E.).

 

            B.         The Improvements Agreement and a separate Covenant running with the land shall identify the property owner’s responsibilities for the ownership and maintenance of the private stormwater collector, conveyance and control facilities satisfactory to the Township Solicitor.  The Stormwater Facilities Management Covenant shall specifically list the parcel descriptions and Tax ID Number of Detention Basin “B” located in Lower Nazareth Township and shall be a Covenant running with the land for both the Traditions of America lands (Lot 5 of the HCC2 Subdivision) and the lot on which Detention Basin “B” is constructed in Lower Nazareth Township.  The Covenant shall further prohibit the sale or conveyance of the Basin “B” lot separate from Lot 5 and all mortgages shall be written to cover both parcels as one entity.  The Covenant shall further state that the Detention Basin “B” design and construction was not reviewed, approved or observed by Hanover Township or the Hanover Township Engineer.  (Stormwater Section 152-10.M).

 

            C.        The Improvements Agreement shall include a statement that it is subject to and to be read in conjunction with the relevant sections of the Hanover Corporate Center 2 Improvements Agreement, dated September 26, 2006.

 

            D.        The Improvements Agreement shall include a provision that no Occupancy Permits shall be issued for any buildings to be constructed on this land development unless and until, the buildings on which permits are to be issued, are serviced by improvements:  i.e., installation of water, sewer, electricity, curb and all roads providing service/access to the building and full frontage beyond the building, as applicable, are installed to a paved base condition, completion of the detention basins (as erosion and sedimentation control basins, if applicable) to accept stormwater runoff and all of the on-site Route 512 and Hanoverville Road improvements as described in the Hanover Corporate Center 2 Improvements Agreement, dated September 25, 2006, are installed and accepted by PennDOT and the Township.  It shall further state that no Occupancy Permits shall be issued unless and until, the paved access referred to herein is provided from Jaindl Boulevard.

 

            E.         The Improvements Agreement shall include a provision that all construction equipment and vehicle access for the development of Traditions of America and all associated improvements shall enter the site opposite the Golden View Diner from Hanoverville Road or directly from Route 512, if permitted by PennDOT and approved by the Township.

 

            F.         The Improvements Agreement shall include a provision that no Building Permit shall be issued for any building on this site that is intended to be served by the proposed sewer pump station until the Pennsylvania Department of Environmental Protection Permit is obtained and that no Occupancy Permit for those buildings shall be issued until the pump station is constructed and operational.

 

5.         The Developer/Owner shall enter into a Maintenance Agreement with the Township and provide appropriate security.  (SALDO Section 159-30.D.(6)).

 

6.         The Developer/Owner shall provide a plan containing the Uniform Parcel Identifier Number and street address for each dwelling unit and the Community Center in the development.  (SALDO Section 159-30E.(8)).

 

7.         The Developer/Owner shall provide a description and a Plot Plan to be used to prepare a Deed of Dedication for Hanoverville Road.  (SALDO Section 159-30.E.(9)).

 

8.         The Developer/Owner shall provide an Open Space Contribution of $361,500.00 (241 Units x 0.04 acres/unit x $37,500.00/Acre).  (SALDO Section 159-16).

 

9.         The Developer/Owner shall provide a Tapping Fee of $303,886.66 (242 laterals at $1,255.73 each), a Connection Fee of $96,195.00 (242 Units at $397.50 each) and a Customer Facilities Fee of $79,860.00 (242 Units at 330.00 each).  These fees are payable at the time the Building Permits are applied for on each building.  (Note:  The Community Center is the 242nd unit for this calculation).  (Sewers Section 140-13). 

 

10.       The Developer/Owner shall provide an Impact Fee of $30,039.00 (93 PM Peak Hour Trips x $323.00/PM Peak Hour Trip).  This fee is payable at the time the Building Permit is applied for on each dwelling unit.  (Impact Fee Ordinance 91-12, Resolution 97-11).

 

11.       The Developer/Owner shall pay all current fees, including any outstanding plans and appeals account charges.  (SALDO Section 159-36.J).

 

12.       The Developer/Owner shall provide two (2) Mylars for recording the plans and ten (10) sets of plans which are signed and notarized by the Owner and sealed by the Engineer.  (S.A.L.D.O. Section 159-34.B).

 

13.       The Developer/Owner shall meet all conditions of the Preliminary/Record Plan approval, and the Record Plan shall be recorded within twelve (12) months of Conditional Plan approval, and agrees that if such conditions are not met, the conditional Preliminary/Record Plan approval shall be considered void, and the application for Preliminary/Record Plan approval shall be considered void and withdrawn.

 

            Mr. Colon further moved that the Township recognize that the Developer has requested certain specific waivers of Township Regulations and the Township is hereby granting certain specific waivers as listed below:

 

            A.        That the Board of Supervisors waive the requirement that all curbs shall be concrete and to allow granite block curbing as shown on the plans outside of all Township right-of-ways.  (SALDO Section 159-11.J.).

 

            B.         That the Board of Supervisors waive the requirement that horizontal curves on local streets have a minimum centerline radius of one hundred fifty feet (150’) and that there is a minimum seventy-five-foot (75’) tangent between a curve and a street intersection and to allow the street geometry to be as shown on the plans.  (SALDO Section 159-11.M.(2)).

 

C.                 That the Board of Supervisors waive the requirement that all reverse frontage

lots abutting a collector street be at least one hundred fifty feet (150’) in depth and to allow the dwelling units and private streets to be as shown on the plans.  (SALDO Section 159-15.B.(4)).

 

            D.        That the Board of Supervisors waive the requirement that the centerline of a driveway must be seventy-five feet (75’) from an intersection and to allow the driveways to be located as shown on the plans.  (SALDO Section 159-15.I.(4).(a).[3]).

 

            E.         That the Board of Supervisors defer the requirement that curbing be installed along the portions of Hanoverville Road behind Units 121 and 220 through 225 at this time and that the Developer/Owner shall be responsible to install them at anytime in the future as directed by the Board of Supervisors.  (SALDO Section 159-8).

            Mr. Walbert seconded the motion.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.

 

            The following items on the Agenda fall under Mr. Salvesen’s moving of the Agenda:

 

     HANOVER TOWNSHIP

 NORTHAMPTON COUNTY

 

PROCLAMATION NO. 2007-02

 

A PROCLAMATION HONORING CHASE BOYD MILLER ON THE ACHIEVEMENT OF HIS EAGLE AWARD

 

     WHEREAS, Chase Boyd Miller has achieved a significant accomplishment in life’s path earning his Eagle Award as a member of the Boy Scouts of America; and

 

     WHEREAS, Chase will officially receive his award during an Eagle Presentation Ceremony on February 18, 2007 as a member of Boy Scout Troop 318, Rosemont Lutheran Church; and

 

     WHEREAS, Chase engineered the installation of the new sign for Advent Moravian Church; and

 

WHEREAS, Chase has exemplified the virtues of scouting and has exhibited leadership skills as Senior Patrol Leader, Patrol Leader, Assistant Patrol Leader & Den Chief.

 

     NOW, THEREFORE, BE IT AND IT IS HEREBY PROCLAIMED, by the Board of Supervisors of Township of Hanover, County of Northampton, and the Commonwealth of Pennsylvania:

 

That Chase Boyd Miller is applauded and recognized on the occasion of his Eagle Award and the Board of Supervisors congratulates him for his dedication and devotion in preserving the finest virtues of American life as set forth by Scouting principals.  The Board of Supervisors also proclaims Monday, February 19, 2007 as Chase Boyd Miller Day in Hanover Township.

 

            On January 9, 2007, the Township Manager presented the Board with proposed revisions, rescissions and adoptions to Township Policies.  Based on those proposed changes, I move to adopt Policy 43-18, Community Center Membership Fees.  I also move to amend the following Policies:  2, 6, 7, 8, 10, 12, 14, 14-2, 16, 18, 22, 24, 27, 28, 29, 33, 35, 43-3, 44, 46, and 46-2.  I further move to rescind the following Policies:  4, 9, 13, 15, and 19.

 

            I move to authorize the Chairman and the Secretary to sign the “Return of Taxes for the Year 2006” form for Northampton County.

 

            It is noted for the record that the Developer of 2346 Jacksonville Road has granted the Board an extension of 90 days to May 18, 2007.

 

            I move that the Board release, as recommended by the Township Engineer, the Developer of Extended Stay America from their maintenance responsibilities and return the maintenance security upon the Developer adhering to Township Policy #25 (Payment of Plans & Appeals Accounts).  I further move to notify the Developer of the Board’s action relative to this matter.

 

I move that the Board approve, as recommended by the Township Engineer, to grant the Developer of Valley View Subdivision a release of $478,753.80 for Escrow Release No. 2 on the following conditions:

 

1.         That security for the work remaining plus contingencies be maintained in the amount of $557,067.25; and

2.         That the Developer adheres to Township Policy #25 (payment of Plans and Appeals Accounts).

I further move to notify the Developer of the Board’s action relative to this matter.

 

I move that the Board approve, as recommended by the Township Engineer, to grant the Developer of Monocacy Farms – DeLuca a.k.a. Hanover Crossing North a release of the remaining security for Escrow Release No. 8 under Exhibit A-2 of the Monocacy Farms Subdivision (DeLuca) upon the following condition:

 

1.         That the Developer adheres to Township Police #25 (Payment of Plans and Appeals Accounts).

I further move to notify the Developer of the Board’s action relative to this matter.

 

I move that the Board approve, as recommended by the Township Engineer, to accept the improvements for LVCC Phase II Lot 4, approve the start of the eighteen (18) month maintenance period on January 31, 2007, and return the Improvements Security upon the following conditions:

 

1.         That the Developer “stake and tie” all new and transplanted trees prior to January 31, 2007;

 

2.         That the Developer provides Maintenance Security in the amount of $19,251.00, with an expiration date of August 31, 2008 (one month beyond the Maintenance Period), prior to January 31, 2007; and

 

3.         That the Developer adheres to Township Policy #25 (Payment of Plans and Appeals Accounts).

I further move to notify the Developer of the Board’s action relative to this matter.

 

COURTESY OF THE FLOOR

            It was noted that no one wished to offer any comment.

 

ROAD REPORTS

            Mr. Walbert – Road District #1, Mr. Salvesen – Road District #2, Mr. Diacogiannis – Road District #3, Mr. Colon – Road District #4 and Mr. Nagle – Road District #5 & #6 had nothing to report.

 

ENGINEER’S REPORT

            Mr. Birdsall had nothing to report.

 

SOLICITOR’S REPORT

            Mr. Broughal had nothing to report.

 

PUBLIC WORKS REPORT

            Mr. Healy had nothing to report.

 

MANAGER’S REPORT

            Mr. Finnigan discussed the Resolution for adoption on February 13, 2007 for disposition of public records.

 

Upon motion of Mr. Walbert, seconded by Mr. Nagle, the Board approved adjournment at 10:45 P.M.

Mr. Colon yes, Mr. Salvesen yes, Mr. Nagle yes, Mr. Walbert yes, Mr. Diacogiannis yes.

 

 

 

 

                                                                                                Stacy C. Milo

                                                                                                Secretary/Treasurer