Vous êtes sur la page 1sur 45

Plainfield Township Zoning & Code Office

6292 Sullivan Trail


Nazareth. Pa. 18064

Phone: 610-759-6944 x 103


Fax: 610-759-1999

Matthew Goodrich, Esquire VIA EMAIL AND UPS GROUND DELIVERY


Applicant's Authorized Representative
641 Market Street
Bangor, PA 18013

November 2,2017

RE: Sketch Plan Application- Slate Belt Heat Recovery Center


Plans Dated September 5, 2017 and Received October 3,2017

Dear Attorney Goodrich:

The following materials were received and reviewed for the above-referenced matter:

Cover Letter dated October 3,2017

Description of Project Intent (SALDO 4.3.B.4) dated October 3,2017

Sketch Plan for Slate Belt Heat Recovery Center, dated September 5, 2017,
consisting of sheets c-o 1 to C 12

Overall Truck Tum Exhibit, containing the following four (4) sheets dated
5/23/2017 and revised September 5, 2017 as prepared by EarthRes Group, Inc.:

~ C-09 Overall Truck Tum Exhibit


~ C-IO Truck Tum Exhibits
~ C-II Truck Tum Exhibit
~ C-12 Cul-De-Sac Truck Tum Exhibit

Steep Slope Narrative dated May, 2017 and revised September, 2017 as prepared
by EarthRes Group, Inc.

The above-referenced Sketch Plan is the only matter for consideration at this time,
as all previous applications have been formally withdrawn by the Applicant. A
Special Meeting of the Planning Commission has been scheduled for November 29,
2017 at the Wind Gap Middle School (1620 Teels Road, Pen Argyl, PA 18072) in
order to review the Sketch Plan as submitted by the Applicant.
Synagro Sketch Plan -Zoning Officer Review Letter- November 2,2017 Page 1
Zoning Officer Responses/Comments to Sketch Plan Submission

I. "Green Knight Approvals" and Green Knight Economic Development


Corporation Landfill-Gas-to-Energy Plant - Paved Parking Lot/Driveway
Plan

Within the "Description of Project Intent" dated October 3, 2017, the Applicant is
representing that the current lot on which the Green Knight Facility is located was
approved via a Preliminary/Final Subdivision and Land Development approval and
recorded at Volume 2000-5, Page 69 at the Northampton County Recorder of Deeds. The
letter also represents that the Land Development approval was subsequently amended
with an approval from the Township on March 29,2001, which reconfigured the parking
and existing driveway for the Green Knight facility. The Plainfield Township
Administration has confirmed that the Green Knight Economic Development Corporation
(GKEDC) Landfill-Gas-to-Energy (LFGTE) Plant - Paved Parking Lot/Driveway Plan
dated August 31, 1999 (with a last revision date of February 23, 2000) was recorded on
March IS, 2000. However, as explained in more detail herein, it does not appear that the
revised plan which was conditionally approved during the April 11, 200 I regular Board
of Supervisors, was ever recorded.

After conducting research and due diligence concerning what the Applicant is referring to
as the "Green Knight Approvals", it appears that the plan which proposed to reconfigure
the parking lot and existing driveway for the Green Knight facility was never recorded
with the Northampton County Recorder of Deeds. At the April II, 200 I regular monthly
meeting of the Plainfield Board of Supervisors, the governing body conditionally
approved the GKEDC LFGTE Plant - Paved Parking/Driveway - Site Plan, sheet I of I,
dated March 8, 2001, revised March 29, 2001, which was a revised Land Development
Plan application submitted by the Owner/Developer. The revised Land Development Plan
was substantively different from the originally recorded 1999 Plan as identified by the
then Township Engineer, Mr. Kevin Harwick, P.L.S., as follows:

The driveway to access the site is to be relocated to the western side ofthe site.

The parking lot is to be moved to the east end ofthe building, enlarged and paved.

Turbine exhaust area is to be fenced.

The detention pond is to be eliminated and runoffis now to be directed into the
existing quarry on Grand Central Real Estate Company, Inc. lands.

The March 29,2001 revised Land Development Plan was recommended for Conditional
Approval by the Plainfield Township Planning Commission during their March 19,2001
meeting. The Board of Supervisors considered the revised Plan at their April 11, 2001
regular meeting and conditionally approved the Plan, subject to the following conditions
(a copy of the Conditional Approval letter dated April 11, 2001 and signed by Mr. Robert
E. Cornman, Jr. on behalf of the Owner/Developer, the Green Knight Economic

Synagro Sketch Plan -Zoning Officer Review Letter- November 2,2017 Page 2
Development Corporation, is incorporated herein to this review letter as Exhibit "A" for
reference):

1. Notification ofL VPC Approval.

2. Compliance with all conditions as set forth in Keystone Consulting Engineers'


review letter dated April 6. 200 J.

3. Owner signature.

4. Notarization.

5. Comply with conditionsfcomments as set forth in Township Solicitor's letter of


April J0, 200 J.

6. Revised language re: alternate access point as per Township Engineer.

7. Improvements Agreement, with adequate security.

Based on current Plainfield Township records, it would appear that the above listed
conditions were never met by the then Owner/Developer. The revised Land Development
Plan was not recorded.

Within the Description of Project Intent, the Applicant is representing that the proposed
new Synagro Lot "does front on a 'private street', which is approved to Township
standards (which were addressed in the Green Knight Approvals, which waived certain
requirements for the street construction)."

The use of Plainfield Township Property, which is subject to a March 12, 1997 Easement
Agreement, as a means for egress and ingress was conditioned upon the applicant
meeting the requirements set forth within the April 17,2001 Conditional Approval Letter.
The then Township Engineer review letter dated April 6, 2001, which is incorporated
herein for reference as Exhibit "B", noted the following concerning the proposed
driveway configuration:

SALDO 5.4.A - The driveway as shown on the plan approved in J999, accessed the
Grand Central Real Estate access road on the northeast side ofthe site. A 30' wide
access easement across Grand Central Sanitary Landfill lands provided access to Pen
Argyl Road.

The proposed driveway configuration would access the Grand Central Sanitary Landfill
Road at the west end ofthe site. The driveway would cross the Old Township Trail before
intersecting the Grand Central Sanitary Landfill Road. This land is owned by Plainfield
Township and will someday be restored by the owners ofthe Landfill as a Township trail.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 3
Provisions should be made for this future event and noted on the plan. The Solicitor
should review any proposed notations. The existing easement agreement is being checked
by the Township Solicitor to determine ifuse ofthe township property by thisfacUity is
providedfor in this agreement. If no provisions are found in the existing agreement, a
new agreement to allow this subdivided lot cross the township property to the point
where the existing access easement starts may be necessary. ifagreed to by the Board of
Supervisors.

The Township Solicitor, David Backenstoe, Esquire, provided a letter dated April 10,
2001 (incorporated herein for reference as Exhibit "C"), which the Owner/Developer at
the time agreed to comply with. The letter referenced the March 12, 1997 Easement
Agreement between Grand Central Real Estate Company, Inc.lGrand Central Sanitation,
Inc. and Plainfield Township guiding the use of what the former Township Engineer
referred to as the "Old Township Trail" and Township property. The April 10, 2001 letter
of the Township Solicitor (incorporated herein for reference as Exhibit "C") required the
following:

In reference to the March 12, 1997 Easement Agreement, the Solicitor stated that a "short
addendum wherein the Green Knights join as a party and acknowledges the
responsibilities and obligations as set forth in the original Agreement would be
appropriate."

It is clear that the section of the "Old Township Trail" and the portion of Township
property subject to the March 12, 1997 Easement Agreement is not a public or
private street. The Solicitor had noted that it was necessary to have the Green Knights
join as a party to the March 12, 1997 Easement Agreement in order to authorize their
organization to access what was labeled as "Township Property" on both the recorded
1999 plan as well as the proposed 2001 revised plan. At no time on either plan is the area
subject to the March 12, 1997 Easement Agreement identified as a street.

As set forth above, the then Township Engineer identified that the land subject to the
Easement Agreement "... .is owned by Plainfield Township and will someday be
restored by the owners of the Landfill as a Township trail. Provisions should be made for
this future event and noted on the plan." This required action never took place, and it is
important to note that at no time has the Township ever abandoned its ownership of the
"Old Township Trail" property. The Easement Agreement envisions an expiration date
which would coincide with the closure of the landfill. The Easement Agreement is in
specific reference to the use of Township property as a "haul road" by Grand Central
Real Estate Company, Inc.lGrand Central Sanitation, Inc. only. It does not permit the use
of the property as a public or private street to any entities. The proposed Synagro facility
could ostensibly operate in perpetuity as a stand-alone facility. This fact is in direct
antithesis with the landfill facility, which has an anticipated closure date in the future.
The GKEDC LFGTE Plant holds a symbiotic relationship with the landfill facility, as the
LFGTE Plant relies on the landfill facility to supply its turbines with landfill gas to
generate electricity. Therefore, the LFGTE Plant also has an anticipated end date in the
future.

Synagro Sketch Plan - Zoning Officer Review Letter- November 1, 1017 Page 4
With respect to what was then proposed as a "Water Discharge Agreement" (also
incorporated within Exhibit "C") for the project, it was identified by the Solicitor within
his April 10, 200 I letter that the Agreement "should include a diagram depicting the
actual discharge detention basin and discharge area which will be located on Lot 2. In
addition, paragraph 4 of the Agreement indicated that at some time lot 2 may no longer
be able to accept the water discharge and that therefore an alternate scheme will have to
be developed. I believe this Agreement should specifically identify the alternate
discharge area and manner of discharge in the event that Lot 2 can no longer accept the
same."

Based on Plainfield Township and Northampton County records, it does not appear that
the "Water Discharge Agreement" was recorded with the Northampton County Recorder
of Deeds office. Regardless, the issues that were then set forth within the Solicitor's letter
and the "Water Discharge Agreement" remain applicable to the proposed Synagro lot.
The Applicant is seeking to subdivide the property owned by Grand Central, which is
currently two lots, Tax Parcel No. E8-12-1 and Tax Parcel No. E8-12-IA by
reconfiguring the lot currently operated as the Green Knight Facility, Tax Parcel No E8-
12-1A into a 4.94 acre lot, and by creating a new lot containing 7.01 acres for the
proposed Synagro facility. The Sketch Plan as submitted by the Applicant proposes to fill
in a portion of the Sediment Basin No.2 (formerly the Doney No.2 quarry) for the use of
the proposed Synagro facility. In the event that the slate quarry (Sedimentation Basin No.
2/former Doney No. quarry) may be filled and no longer accessible for use as a
stormwater detention basin and as a place to discharge stormwater, an alternate
stormwater detention basin and stormwater discharge area would need to be provided for.

Neither the proposed reconfiguration of the Green Knight Facility lot nor the proposed
Synagro lot on the Sketch Plan as submitted provide for an alternate stormwater basin
and an alternate stormwater discharge area in order to meet the requirements of Act 167
and the Plainfield Township Stormwater Ordinance in the event that the Sediment Basin
No.2 no longer can function as a stormwater facility.

As noted within the Conditional Approval letter dated April 11, 2001, the Conditional
Approval of the GKEDC LFGTE Plant - Paved Parking/Driveway - Site Plan, sheet I of
I, dated March 8, 2001, revised March 29, 2001, would have expired twelve (12) months
from April 11, 200 I, which would be April 11, 2002. As there is no evidence of any
applicable Time Extensions within the Township file, it is the opinion of the Zoning
Officer that said approvals should not be used for reference during the course of the
review of the proposed Synagro Sketch Plan, as the previous GKEDC LFGTE Plant Plan
has long since expired and was not recorded.

II. Slate Belt Heat Recovery Center Lot ("Center Lot")

Lot and Area Requirements: The Applicant has indicated that the Slate Belt Heat
Recovery Center Lot (referred to as "Center Lot") will be 7.01 acres and complies with
the lot and area requirements of Section 10.7 of the Subdivision and Land Development

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 5
Ordinance (SALDO) of Plainfield Township. It is the detennination of the Zoning
Officer that the proposed Center Lot does not meet the "Front Yard" requirements of the
Zoning Ordinance, because the definition of a Front Yard as per Section 20 I (B) of the
Plainfield Township Zoning Ordinance is as follows:

Front Yard. A yard extending the full width ofthe lot between a structure and the front lot
line or side street lot line.

The Front Lot Line (Street Line) does not meet the definition as set forth in the Plainfield
Township Zoning Ordinance as follows:

A lot line separating the lot from a street right-ol-way. The front lot line shall be the same
as an existing orfuture right-ol-way line (whichever establishes a greater width).

The lot line is not shown as separating the lot from a street right-of-way, as required by
Section 201 B of the Plainfield Township Zoning Ordinance. Therefore, a Variance is
required from the Front Yard setback as set forth in Section 318 (I) of the Plainfield
Township Zoning Ordinance. The proposed Front Yard does not front upon a street as
required by the Plainfield Township Zoning Ordinance. Due to the fact that the Front
Yard requirement is not being met (the Front Yard does not front upon a street), the Side
Yard configuration remains invalid. The Front Yard guides the configuration of the entire
lot. Until the Front Yard issue is resolved, the Zoning Officer cannot make a
detennination on either the Side Yard or the Rear Yard.

Due to fact that the Front Yard requirement is not being met (the Front Yard does not
front upon a street), the Rear Yard configuration is invalid. The Front Yard guides the
configuration of the entire lot. Until the Front Yard issue is resolved, the Zoning Officer
cannot make a detennination on either the Side Yard or the Rear Yard.

Zoning Ordinance Section 402.A/406.A-G: As per Section 402.A of the Zoning


Ordinance, every principal building shall be built upon a lot with frontage upon a public
or private street improved to meet Township standards or for which such improvements
have been insured by the posting of a perfonnance guarantee pursuant to the Subdivision
and Land Development Ordinance, excepting however, those principal buildings
specifically approved by the Board of Supervisors.

It is clear that a portion of the "haul road" utilized by the landfill facility is owned in part
by Plainfield Township (Tax Map Parcel ID# E8 14 IA 0626E). Temporary use of this
parcel was granted to Grand Central Real Estate Company, Inc. and Grand Central
Sanitation, Inc. via an Easement Agreement dated March 12, 1997. This section of the
landfill "haul road" subject to the Easement Agreement may once again in the future be
used as part of the Recreation Trail pursuant to the Easement Agreement provisions once
the landfill has entered the closure phase of its life cycle.

Synagro Sketch Plan -Zoning Officer Review Letter- November 2,2017 Page 6
It is the detennination of the Zoning Officer that Section 402 (A) of the Plainfield
Township Zoning Ordinance is not being met. The definition of a "Street" as set forth in
Section 201 (B) of the Plainfield Township Zoning Ordinance is as follows:

Street. A public or private thoroughfare which affords the principal means ofaccess to
abutting property and contains a right-ol-way area (in addition to the cartway);
including avenue, place, way. parkway. lane, boulevard, highway, road and any other
thoroughfare, except an alley. access drive. or driveway.

1. Arterial. Streets designed primarily to carry medium to heavy volumes of


traffic at moderately high speeds, and generally should not provide access to land
which would interfere with their primary traffic functions. Arterial Streets are
those streets which are so designated on the Official Street Classification Map.

2. Collector Street. Streets designed to carry a moderate volume oftraffic


between Local Streets and Arterials at moderate speeds, and provide only limited
vehicular access to the abutting properties. Collector Streets are those streets
which are so designated on the Official Street Classification Map.

3. Local Street. Streets designed to provide direct access from abutting


properties to Collector and Arterial Streets. Local Streets are those streets which
are so designated on the Official Street Classification Map.
The definition of a Street as set forth in the Plainfield Township Zoning Ordinance
specifically precludes an access drive from being designated as a Street. The access drive
does not contain a right-of-way area. A portion of the access drive is owned in part by
Plainfield Township (Tax Map Parcel ID# E8 14 IA 0626E), and the Township shall
retain ownership of said parcel. The proposed principal building is not proposed to be
built upon a public or private street which meets the definition of a Street as set forth in
the Zoning Ordinance. The access drive/Easement does not meet the requirements of a
Street as defined by the Zoning Ordinance, and is not designated as any of the following:
Arterial Street, Collector Street or Local Street as per the "Official Street Classification
Map" of Plainfield Township dated March 12,2007 and provided as Exhibit "D" for
reference. None of the interior access drives of the landfill facility are shown on the
"Official Street Classification Map" as either Arterial, Collector, Local, or Private
Streets. Both the proposed Synagro lot and the proposed new Green Knights lot do not
front upon a street as defined by the Plainfield Township Zoning Ordinance. Therefore, a
Variance is required from Section 402 (A) of the Plainfield Township Zoning Ordinance.

Zoning Ordinance Section 410.E/404.C: A review of the level of traffic impact by the
Township Engineer is required for an Industrial Material Separation Facility pursuant to
Section 410 E (Traffic Impact Requirements) ofthe Plainfield Township Zoning
Ordinance. The Zoning Officer will defer to the comments and recommendations of the

Synagro Sketch Plan -Zoning Officer Review Letter- November 2,2017 Page 7
Township Engineer on this matter. However, the Zoning Officer reserves the right to
make the final detennination or interpretation as to the specific uses in the latest edition
of the publication entitled "Trip Generation, An Information Report" as published by the
Institute of Transportation Engineers. If a Major Traffic Impact is detennined, all
applicable provisions of Section 410 E (1, 2, 3, and 4) shall apply to this proposed use.

The Zoning Officer will defer to the Township Engineer's Review Letter and
comments/concerns on this Section in order to confinn compliance with Section 410 (E)
with respect to both the proposed Center Lot as well as the Green Knight Lot. Issuance of
any zoning permit in the future shall be conditioned upon the applicant not exceeding the
level of Average Daily Traffic (ADT) that would trigger a Major Traffic Impact, which is
currently 300 ADT per day as per Section 410 (E) (1) of the Zoning Ordinance. Should
the use exceed the ADT levels that would trigger a Major Traffic Impact, the
requirements of a Major Traffic Impact Study would be applicable as per Section 410 (E)
4) of the Plainfield Township Zoning Ordinance.

Riparian Buffer Ordinance (Ordinance No. 3421Zoning Ordinance Section 505): The
Applicant has indicated that the Sketch Plans as submitted comply with Section 505
(Development Along Waterbodies) of the Zoning Ordinance as well as SALDO
Ordinance No. 342 (Riparian Buffer Ordinance).

The "Notice of Permit Correction" dated December 17, 2007 and issued by the
Pennsylvania Department of Environmental Protection (PA DEP) corrected the post-
mining land use from "Water Impoundment" to "Developed Water Resources" in specific
reference to Permit No. 48820501 (Doney II Quarry Operation)- PA DEP Authorization
#698915. The action was considered as an addendum to the original permit issued on
December 31, 1984 and any subsequent revisions or corrections.

77.1. (Definitions) of the Pennsylvania Code defines "Developed Water Resources" as


follows:

Land used for storing water for beneficial uses, such as stockponds. irrigation. fire
protection, flood control and water supply.

Written clarification from PA DEP should be provided by the applicant in order to clarify
whether the current use of the facility is consistent with applicable Commonwealth
classifications.

Further, the definition is listed as part of a defined land use definition, which reads as
follows:

Land use-Specific uses or management-related activities. Land uses may be identified in


combination when joint or seasonal uses occur. Changes ofland uses from one ofthe

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 8
following categories to another shall be considered as a change to an alternative land
use which is subject to approval by the Department.

Similar to the fact that the alternative land use approval of the quarry as "Developed
Water Resources" was required from PA DEP in 2007, written confinnation from the PA
DEP is now also required in order to confinn that the basin may be converted from its
present use to a proposed Material Separation Facility use. Written confinnation from PA
DEP is required in order detennine whether or not the proposed Material Separation
Facility use is consistent with the pennitted post-mining use of "Developed Water
Resources" as set forth within the December 17, 2017 letter from PA DEP (PA DEP
Authorization #698915). The site already has a post-mining designated use, and
confinnation is required that the pennitted post-mining use may be combined with the
Material Separation Facility use.

It is detennination of the Zoning Officer that the requirements of Ordinance No. 342 are
applicable to this project, as the Riparian Buffer Ordinance applies to watercourses. A
watercourse is defined as "a channel or conveyance of surface water having defined bed
and banks, whether natural or artificial, with perennial or intermittent flow, shown
as Hydrology (blue lines) on the latest Plainfield Township Zoning Map. Manmade
swales, constructed specifically for stonnwater management purposes, are excluded from
this definition."

Sedimentation Basin No.2 is storing water, and is not a manmade swale specifically
(emphasis added) constructed for stonnwater management purposes. Further,
Sedimentation Basin No.2 appears as Hydrology on the latest Plainfield Township
Zoning Map. Therefore, the requirements of Ordinance No. 342 are applicable, with
compliance to be detennined by the appointed Wetlands Consultant of Plainfield
Township. As Ordinance No. 342 is part of the SALDO, this issue would need to be
addressed to the satisfaction of the Township Engineer/Wetlands Consultant prior to any
Land Development.

The proposed Sketch Plan does not appear to be in compliance with Section 505
(Development Along Waterbodies) of the Plainfield Township Zoning Ordinance.
Pursuant to Section 505 of the Zoning Ordinance, all areas within fifty feet (50') of the
banks of any streams, lake or pond shall be in open space. There is not fifty feet (50') of
open space between the proposed structures/improvements and the sediment pond; the
Zoning Officer has determined that this requirement has not been met. The fifty feet (50')
of open space requirement between the pond and all proposed structures/improvements is
not being met in the detennination of the Zoning Officer.

The Applicant has represented that Sedimentation Basin No.2 is not a naturalized water
impoundment as per PA DEP correspondence dated December 17,2007. However,
Section 505 of the Plainfield Township Zoning Ordinance does not make the distinction
that the waterbodies need to be regulated "Waters of the Commonwealth" or "Waters of

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 9
the United States" in order for Section 505 to apply. It is the opinion of the Zoning
Officer that the Sedimentation Basin NO.2 is a body of water. The United States
Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)
Custom Soil Resource Report for Northampton County, Pennsylvania as furnished to the
Township by the Applicant within the Steep Slopes Narrative as "Appendix A" identifies
the area of Sedimentation Basin No.2 as "water" on the Soil Map, with the description of
water as having the parent materials of "rivers, streams and ponds." Further, the area
defined as Sedimentation Basin No.2 is shown as "Hydrology" (with corresponding blue
lines) on the latest version of the Plainfield Township Zoning Ordinance.

All areas within fifty feet (50') of the banks of any streams, lake or pond shall be in open
space. It is the determination of the Zoning Officer that a Variance is required for Section
505 of the Plainfield Township Zoning Ordinance.

III. Section 315 (B) (35) (Materials Separation Facility Use)

The Description of Project Intent dated October 3,2017 confirms the proposed use as a
"Material Separation Facility," which is a land use specifically defined within Section
20 1.B of the Zoning Ordinance. It is the determination of the Zoning Officer that the
proposed use of the Synagro lot is a Material Separation Facility, which is permitted by
right and only in the Solid Waste Processing and Disposal District (SW). The Material
Separation Facility has additional requirements for the Permitted by Right Use as set
forth in Section 315 (B) (35) as follows:

a. The site shall contain at least three (3) acres for any facility with a
capacity to treat or dispose of up to three hundred (300) tons of solid waste
per day.

b. Entrances and exits to the facility shall be separated and clearly


designated; entrances and exits shall each be at least thirty (30') feet in
width and shall be located along either an arterial or collector road.

c. All access roads shall be paved.

d. Measures and procedures to prevent and minimize fire hazard shall be


established and practiced at the site or facility. A report describing these
procedures shall be provided to the Township.

e. Each facility shall be operated and maintained in such a manner as to


minimize health hazards, odors, dust, noise, environmental degradation,
unsightliness, the attraction, harborage or breeding of insects, rodents or
vectors and to eliminate conditions which create safety hazards or impose
an undue burden upon the Township or its municipal services
infrastructure.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 10
f. The operation of the facility shall comply with all applicable State and
Federal regulations.

g. The facility shall comply with the performance standards in this Ordinance
(Article 5).
In reviewing the additional requirements for the permitted by right use as set forth in
Section 315 (8) (35) as listed above, the Zoning Officer offers the following comments in
bold:

a. The site shall contain at least three (3) acres for any facility with a
capacity to treat or dispose of up to three hundred (300) tons of solid waste
per day. The size of the site shall be increased by two (2) additional acres
ofland for each additional capacity of one hundred (l00) tons per day, or
fraction thereof.

Based on the Sketch Plan submitted, the Zoning Officer has determined that the
acreage requirement has been met for a site with a capacity to treat or dispose up to
four-hundred (400) tons of solid waste per day.

However, written confirmation from the Pennsylvania Department of


Environmental Protection (PA DEP) is required in order to determine that the
proposed Material Separation Facility use is consistent with the permitted post-
mining use of "Developed Water Resources" as identified by the Applicant via a
letter from a PA DEP official dated December 17,2007. The site already has a post-
mining designated use, and confirmation is required that the permitted post-mining
use may be combined with the Material Separation Facility use.

Considering the provisions of Section 315 (B) (35) that require an additional two (2)
acres of land for each one hundred (100) tons per day, the Zoning Officer continues
to recommend that the applicant shall provide daily tonnage receipt reports to the
Township during the operational life of this facility as a condition of any future
approval in order to ensure continued and ongoing compliance with this provision
in perpetuity.

The Applicant has indicated that they will agree to the request of the Township that
the Applicant should provide solid waste tonnage reports to the Township during
the operational life of the facility in order to ensure ongoing compliance with
Section 315 (8) (35) (a). The Zoning Officer is recommending that this provision be
included within any future issued Zoning Permit as a condition of approval.

b. Entrances and exits to the facility shall be separated and clearly


designated; entrances and exits shall each be at least thirty (30') feet in
width and shall be located along either an arterial or collector road.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 11
Pursuant to the requirements set forth in Section 315 (B) (35), the proposed
entrance and exit to the facility are not located along either an arterial or collector
road. The entrance and exit to the facility is located along an interior access drive
"haul road" of the Grand Central Sanitary Landfill and a substantive portion of the
interior access drive is owned by Plainfield Township. Therefore, the conditions and
provisions associated with this additional requirement are not being met. A
Variance is required from Section 315 (B) (35) (b) ofthe Plainfield Township
Zoning Ordinance.

c. All access roads shall be paved.

The proposed driveway, access roads, and loading areas are now shown on the plans
as areas to be paved. Therefore, the condition associated with this requirement is
being met.

d. Measures and procedures to prevent and minimize fire hazard shall be


established and practiced at the site or facility. A report describing these
procedures shall be provided to the Township.

The Applicant has indicated they will comply with the ordinance and with
applicable building and fire codes. A written report demonstrating facility
compliance with the applicable codes and standards will be submitted by the
applicant as part of the building permit submission. The report should be to the
satisfaction of the Fire Department Chief, the Zoning Officer, the Township
Building Code Official, and the Emergency Management Coordinator.

e. Each facility shall be operated and maintained in such a manner as to


minimize health hazards, odors, dust, noise, environmental degradation,
unsightliness, the attraction, harborage or breeding of insects, rodents or
vectors and to eliminate conditions which create safety hazards or impose
an undue burden upon the Township or its municipal services
infrastructure.

It is the recommendation of the Zoning Officer to the Plainfield Township Board of


Supervisors that as a condition of any future approval of this proposed use and the
occupancy of any proposed structure associated with this use, that evidence that all
performance standards are complied with be provided via certification of tests by
appropriate government agencies, or be recognized testing laboratories (with the
costs to be borne by the applicant), pursuant to Section 410 of the Zoning
Ordinance.

Under the authority of Section 410 of the Zoning Ordinance, the Township is
requesting the performance standards data of similar facilities and the specific
methods employed by the Applicant to operate existing similar facilities in such a
manner as to minimize health hazards, odors, dust, noise, environmental
degradation, unsightliness, the attraction, harborage or breeding of insects, rodents

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 12
or vectors and to eliminate conditions which create safety hazards or impose an
undue burden upon the Township or its municipal services infrastructure.

Under the authority of Section 410 of the Zoning Ordinance, the Township will also
require performance data and the specific methods as to how the Applicant
proposes to operate the proposed facility in such a manner as to minimize health
hazards, odors, dust, noise, environmental degradation, unsightliness, the attraction,
harborage or breeding of insects, rodents or vectors and to eliminate conditions
which create safety hazards or impose an undue burden upon the Township or its
municipal services infrastructure.

Once the facility is operational, the Township will also require performance data
and the specific methods as to how the Applicant is operating the facility in such a
manner as to minimize health hazards, odors, dust, noise, environmental
degradation, unsightliness, the attraction, harborage or breeding of insects, rodents
or vectors and to eliminate conditions which create safety hazards or impose an
undue burden upon the Township or its municipal services infrastructure, pursuant
to Section 410 of the Zoning Ordinance.

f. The operation of the facility shall comply with all applicable State and
Federal regulations.

The Zoning Officer cannot make a determination at this time as to whether the
operation of the facility is in compliance with all applicable State and Federal
regulations. The following information shall be provided before any zoning or
building permits can be issued to the satisfaction of the Zoning Officer, Planning
Commission, Township Engineer, and the Sewage Enforcement Officer:

1. Evidence of PennDOT Highway Occupancy Permit compliance, as


applicable.

2. Evidence of Act 537 (Pennsylvania Sewage Facilities Act) compliance


from the Pennsylvania Department of Environmental Protection. If
the project is proposed to increase the number of Equivalent Dwelling
Units (EDUs), a letter from the Pen Argyl Borough Municipal
Authority is required to determine whether or not service is able to be
provided.

3. Evidence of Water Obstruction Act of 1913 compliance.

4. Evidence of Solid Waste Management Act, Act 97 of 1980 (including


amendments) compliance from the Pennsylvania Department of
Environmental Protection.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 13
5. Evidence of Municipal Waste Planning, Recycling and Waste
Reduction Act compliance from the Pennsylvania Department of
Environmental Protection. Clarification is required from the
Commonwealth of Pennsylvania Department of Environmental
Protection as to whether the proposed facility is defined as a
"Resource Recovery Facility" as set forth in the Municipal Waste
Planning, Recycling and Waste Reduction Act.

6. Evidence of Act 167 Stormwater Management Act/Plainfield


Township Stormwater Ordinance (Bushkill Creek, Martins/Jacoby
Creek and Delaware River Sub-Basin 1 Watersheds Act 167
Stormwater Management Ordinance). A review from the Lehigh
Valley Planning Commission (LVPC) is required.

7. Evidence of Federal Water Pollution Control Act Amendments of


1972 (Section 404, 33, U.S.C. 1334) compliance.

8. Evidence of Clean Streams Law compliance from the Pennsylvania


Department of Environmental Protection and the Northampton
County Conservation District (including but not limited to Chapter
93, Chapter 102 and Chapter 105).

9. Evidence of Clean Air Act compliance from the Pennsylvania


Department of Environmental Protection Bureau of Air Quality and
the Environmental Protection Agency (EPA), as required.

10. Jurisdictional determinations from the Army Corps of Engineers and


the Pennsylvania Department of Environmental Protection (PA DEP)
as to whether the Sedimentation Basin No. 2/Sediment Pond as shown
on the Sketch Plan are considered to be "Waters of the United States"
or "Waters of the Commonwealth".

11. Evidence of Pennsylvania Natural Diversity Inventory (PNDI)


compliance.

12. Evidence of compliance with all applicable Pennsylvania Historical


and Museum Commission notification requirements.

13. Evidence from the Pennsylvania Department of Environmental


Protection that the proposed site is in compliance with the current
approved Operating Permit of the Grand Central Sanitary Landfill
(Facility ID No. 100265).

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 14
14. Evidence that the proposed Wastewater Management Area and the
"backhaul" option as described by the Applicant within the
Description of Project Intent is compliant with all applicable
Pennsylvania Department of Environmental Protection, Delaware
River Basin Commission requirements, and Pennsylvania Department
of Transportation provisions and regulations, as applicable.

15. Evidence that the proposed fill-in and reduction in size of the
Sediment Basin No.2 is approved by the Pennsylvania Department of
Environmental Protection. An enlargement or reduction in size of a
Sediment Basin/Pond can only be approved by the Pennsylvania
Department of Environmental Protection. A revision to NPDES
Permit No. PA 0070483 is likely required. In addition, evidence is
required from the Pennsylvania Department of Environmental
Protection that confirms that the use of the Sediment Basin No.2 for
this proposed facility is in compliance with the current approved
Operating Permit of the Grand Central Sanitary Landfill (Facility 10
No. 100265).

16. Evidence from all of the applicable State and Federal agencies that all
required State and Federal permits that are required to legally
operate a facility as proposed for this site have been obtained by the
applicant.

17. Evidence from the relevant agencies that all of the applicable State
and Federal permits as identified within the BCM Engineers letter as
compiled by Mr. Michael J. Brunamonti, P.E. and dated October 27,
2017 are obtained. This requirement shall include any subsequent
amendments to the RCM Engineers letter dated October 27, 2017, as
are issued in the future.
The Applicant is indicating that the "operation of the facility shall comply with all
applicable State and Federal regulations. Specific compliance with such operational
requirements cannot be demonstrated in advance of the approval, construction and
actual operation of the Facility, but the Applicant acknowledges that all pertinent
Federal, State and/or County permits will need to be secured in order to proceed
with the project."

Section 802 (A) (3) (C) of the Plainfield Township Zoning Ordinance reads as
follows:

Prior to the issuance ofany Zoning Permit, the Zoning Officer shall review the
application for such permit to determine if all other necessary governmental permits

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 15
(such as those required by State and Federal laws such as Act 537, the Pennsylvania
Sewage Facilities Act, the Water Obstruction Acto! 1913, and the Federal Water
Pollution Control Act Amendments of 1972. (Section 404, 33, U.S.C 1334) have been
obtained. No permit shall be issued until this determination has been made.

The Plainfield Township Zoning Ordinance requires the Applicant to obtain prior
approvals for all required governmental permits pursuant to both Section 802 (A)
(3) (C) and Section 315 (B) (35) (1) of the Zoning Ordinance. No zoning or building
permits shall be issued until such time that all required governmental permits are
obtained by the Applicant. The above listed comments shall be addressed by the
Applicant prior to the issuance of any municipal permits (zoning or building).

g. The facility shall comply with the performance standards in this Ordinance
(Article 5). (Comments are set forth below).

Section 501 Environmental Preservation Required.

The applicant shall furnish proof to the Township to the satisfaction of the Township
Engineer and the Zoning Officer that the use provides for the preservation and the
minimum destruction of natural drainage areas, minimum grading and destruction of the
ground surface, the preservation of substantial stands of trees and forested areas, and the
preservation of attractive views and any other natural amenities and features on the
existing site.

Based on the information provided by the Applicant at this time, the Zoning Officer
cannot confirm that both Section SOl (A) and Section 501 (B) of the Plainfield Township
Zoning Ordinance have been complied with due to the possibility of an endangered
species habitat in the vicinity of the proposed Material Separation Facility use. Evidence
from the relevant agencies (State or Federal) that the environment of any endangered
species located on the proposed site will not be disturbed is required prior to the issuance
of a zoning permit.

Section 502 Nuisances Prohibited.

The applicant shall furnish proof to the Township that the proposed structure shall not be
used or occupied in a manner that creates a dangerous, injurious, noxious, or otherwise
objectionable condition, fire, explosion, or other hazards, heat, electromagnetic or other
radiation, noise or vibration in violation of Plainfield Township noise regulations under
Section 410, smoke, dust, odor or other form of air pollution, or any other condition in
such manner or on such amount as to adversely affect the reasonable use or value of the
surrounding area or adjoining premises or be dangerous to public health or safety.

Under the authority of Section 410 of the Zoning Ordinance, the Township is requesting
the performance standards data of similar facilities and the specific methods employed by

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 16
the Applicant to operate existing similar facilities in such a manner that demonstrate that
the proposed facility and structure shall not be used or occupied in such a manner that
creates a dangerous, injurious, noxious, or otherwise objectionable condition, fire,
explosion, or other hazards, heat, electromagnetic or other radiation, noise or vibration in
violation of Plainfield Township noise regulations under Section 410, smoke, dust, odor
or other form of air pollution, or any other condition in such manner or on such amount
as to adversely affect the reasonable use or value of the surrounding area or adjoining
premises or be dangerous to public health or safety.

The Township will also require performance data and the specific methods as to how the
Applicant proposes to operate the proposed facility and structure in such a manner that
demonstrate that the proposed structure shall not be used or occupied in a manner that
creates a dangerous, injurious, noxious, or otherwise objectionable condition, fire,
explosion, or other hazards, heat, electromagnetic or other radiation, noise or vibration in
violation of Plainfield Township noise regulations under Section 410, smoke, dust, odor
or other form of air pollution, or any other condition in such manner or on such amount
as to adversely affect the reasonable use or value of the surrounding area or adjoining
premises or be dangerous to public health or safety.

Once the facility is operational, the Township will also require performance data and the
specific methods as to how the Applicant is operating the facility in such a manner that
will not create a dangerous, injurious, noxious, or otherwise objectionable condition, fire,
explosion, or other hazards, heat, electromagnetic or other radiation, noise or vibration in
violation of Plainfield Township noise regulations under Section 410, smoke, dust, odor
or other form of air pollution, or any other condition in such manner or on such amount
as to adversely affect the reasonable use or value of the surrounding area or adjoining
premises or be dangerous to public health or safety.

Pursuant to Section 502 of the Zoning Ordinance, the Applicant is required to


demonstrate that the plant and operation of the plant will not adversely affect the
reasonable use or value of the surrounding area or adjoining premises or be dangerous to
public health or safety.

Section 503 Steep Slopes.

The applicant shall furnish proof of compliance with Ordinance No. 356 (duly adopted
December 12,2012 and which amended Section 503 of the Plainfield Township Zoning
Ordinance entitled Steep Slopes in its entirety).

The Applicant has provided a Steep Slope Narrative dated May, 2017 (and revised
September, 2017) which indicates that the Applicant is in compliance with Ordinance No.
356 for the following summarized reasons:

The Steep Slopes are /00% manmade and are Class C per the Township
Zoning Ordinance;

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 17
The site location does not fall within 40 feet upgrade or downgrade ofany
Class A or B slope;

The proposed project complies with steep slope requirements ofthe


Township; and

Steep slopes will continue to be depicted on the Preliminary and Final


Land Development Plans.

While the applicant is postulating that the steep slope areas greater than 25% in slope are
man-made, in order to be considered as man-made slopes (and as Class C Steep Slopes),
proof that the man-made slopes within the Steep Slope Overlay District were originally
less than 15% is required, as per Section 503 (B) (4) (c) of Ordinance No. 356. The Steep
Slope Narrative as provided by the Applicant does not provide proof that the man-made
slopes within the Steep Slope Overlay District were naturally less than 15%; proof is
required.

Section 504 Areas with High Water Table.

Proof shall be furnished to the Township that the proposed land use will not directly or
indirectly result in the pollution of the groundwater. Such a use would be prohibited from
developing in any area which has a year-round or seasonal high water table which comes
to within any distance of the ground surface, which violates Pennsylvania Department of
Environmental Protection regulations. The determination of such hazards shall be made
by the appropriate State agency and/or by a qualified sanitary engineer, geologist or soil
scientist approved by the Board of Supervisors.

The Applicant is representing that they will comply with all applicable PA DEP
requirements, that they will comply with Section 504 of the Zoning Ordinance, and that
the determination of substantive compliance with those requirements rests with PA DEP
as reflected in Ordinance Section 504. The Zoning Officer is specifically referring to
Section 504 (B) of the Zoning Ordinance, which states that the determination of such
hazards as described by Section 504 (A) shall be made by the appropriate State agency
and/or by a qualified sanitary engineer, geologist, or soil scientist approved by the Board
of Supervisors.

The determination of hazards has not been made at this time by either PA DEP and/or by
a qualified sanitary engineer, geologist, or soil scientist approved by the Board of
Supervisors; therefore, the requirements of Section 504 are not currently being met. The
Applicant shall furnish proof of compliance with Section 504 in accordance with the
requirements of the ordinance and prior to the issuance of any zoning or building permits.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 18
Section 505 Development Along Waterbodies.

Section 505 has been addressed elsewhere in this review letter.

Section 506 Alluvial Soils Areas.

The applicant shall furnish proof to the Zoning Officer that the areas proposed for the
development are not within an "Alluvial Soils" area.

The Applicant is representing that the existing soils are mapped on the United States
Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS)
Custom Soil Resource Report for Northampton County, Pennsylvania as furnished to the
Township by the Applicant within the Steep Slopes Narrative as "Appendix A" as "PQ-
Quarries" and not an alluvial soil. This representation shall be confirmed by the
Township Engineer.

Section 507 Flood Plain Regulations.

The Applicant has represented that they have identified the limits of Zone A on the
Sketch Plan and that they are in compliance with Ordinance No. 368. Confirmation is
required from the Township Engineer. The Applicant has identified the approximate
boundaries of the Flood Plain, and it would appear that the project area is not located
within a Special Flood Hazard Area.

Section 508 Filling, Excavation and Grading.

All NPDES, Northampton County Conservation District and Department of


Environmental Protection regulations shall apply to this proposed use. The applicant shall
furnish proof that Section 508 of the Township Zoning Ordinance shall be complied with.
A zoning permit is required before any activities that require the moving of earth or the
filling or excavation of an area can commence.

The Applicant has represented that Section 508 of the Zoning Ordinance will be
complied with. As noted elsewhere in this letter, no zoning or building permits can be
issued until such time that the Applicant provides the Township with written
authorizations from PA DEP and the Northampton County Conservation District prior to
the issuance of any zoning or building permits.

Section 509 Outdoor Storage Control.

The Applicant has confirmed that no outdoor storage facilities are proposed for this site.
However, it is the recommendation of the Zoning Officer that issuance of any zoning

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 19
pennit in the future be conditioned upon the Applicant's representation that no outdoor
storage facilities are proposed for the site.

Further, written evidence is required from the Applicant to the satisfaction of the Zoning
Officer that the proposed indoor storage for the facility is sufficient enough that there will
not be any overflow storage facilities required at any time during the operation and use of
the facility for its entire life.

Section 510 Sewage Waste Treatment and Disposal Control.

Evidence of Act 537 (Pennsylvania Sewage Facilities Act) compliance from the
Pennsylvania Department of Environmental Protection shall be required.

The Applicant has represented that they will comply with Section 510 of the Plainfield
Township Zoning Ordinance by providing the Township with PA DEP Sewage Facilities
approval following completion of the Act 537 plan revisions relative to the proposed
sanitary facilities for the center. Pursuant to Section 802 (A) (3) (C) of the Plainfield
Township Zoning Ordinance, no permits shall be issued until confirmation of Act 537
compliance is confirmed by PA DEP (and confirmed by the Sewage Enforcement
Officer) and forwarded to the Township.

Section 511 Noise Control.

The applicant shall furnish proof that the proposed use is in compliance with the Sound
Level Limits by Receiving Land Use and time as set forth in Section 511 A of the Zoning
Ordinance. Sections 511 B, C, D and E shall apply for an Industrial use.

In order to determine compliance with Section 511 ofthe Plainfield Township Zoning
Ordinance, a decibel reading will be required by the Zoning Officer at the receiving
property line for the operations of similar facilities prior to the issuance of any zoning
permit. If at such time a zoning permit is issued for this proposed use and facility, the
Zoning Officer will require a decibel reading at the receiving property lines once the
proposed facility and use is in operation. Section 410 (Performance Standards) shall
apply in order to determine and confirm compliance.

Section 512 Vibration Control.

The applicant shall furnish proof of compliance with Section 512 to the Township.

The Applicant has represented that they will comply with Section 512 of the Zoning
Ordinance. Section 410 (Performance Standards) shall apply in order to determine and
confirm compliance.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 20
Section 513 Dust, Dirt, Smoke, Vapors, Gases and Odors Control.

The applicant shall furnish proof of compliance with Section 513 to the Township.

The Applicant has represented that they will comply with Section 513 of the Zoning
Ordinance. Section 410 (Performance Standards) shall apply in order to determine and
confirm compliance prior to the issuance of any zoning or building permits.

Section 514 Light. Glare and Heat Control.

The Applicant has represented that they will comply with Section 514 of the Zoning
Ordinance. The Sketch Plan as submitted identifies the lighting levels (number of
lumens) from the site of the facility plan (proposed structure) to adjacent property lines
within Plainfield Township and Pen Argyl Borough. Based on what was submitted within
the Sketch Plan application, it does not appear that there will be a lighting impact on
adjacent property lines. Section 410 (Performance Standards) shall apply in order to
determine and confirm compliance prior to the issuance of any zoning or building
permits.

Section 515 Electric. Diesel, Gas or other Power.

The applicant shall furnish proof of compliance with Section 515 to the Township.

The Applicant has represented that they will comply with Section 515 of the Zoning
Ordinance. Compliance shall be determined by the Township Engineer, the Township
Building Code Official, and the applicable utility service provider prior to the issuance of
a zoning permit. Section 410 (Performance Standards) shall apply in order to determine
and confirm compliance prior to the issuance of any zoning or building permits.

Section 516 Control of Radioactivity, Electrical Emissions and Electrical


Disturbances.

The applicant shall furnish proof of compliance with Section 516 to the Township.

The Applicant has represented that they will comply with Section 516 of the Zoning
Ordinance. Compliance shall be determined by the Township Engineer and the Building
Code Official, as applicable.

The rmal determination of proof of compliance with the provisions of Article 5 shall
be made to the satisfaction of the Township Zoning Officer, the Township Engineer,
the Building Code Official and any other qualified expert that the Township
employs in order to provide a scientific or engineering opinion prior to the issuance

Synagro Sketch Plan -Zoning Officer Review Letter- November 2,2017 Page 21
of any zoning or building permits. Section 410 (Performance Standards) shall apply
in order to determine and confirm compliance.

IV. The Green Knight Lot.


The Applicant is representing that the proposed Green Knight Lot will be a 4.94 acre lot
containing the existing Green Knight Facility, and that the reconfigured lot will comply
with the relevant lot and area requirements as shown on the table on page C-Gl of the
Sketch Plan.

It is the opinion of the Zoning Officer that the following determinations set forth within
this letter concerning the Synagro Center Lot are also applicable to the Green Knight Lot:
Lot Requirements

It is the determination of the Zoning Officer that the proposed Green Knights Lot does
not meet the "Front Yard" requirements of the Zoning Ordinance, because the definition
of a Front Yard as per Section 201 (8) of the Plainfield Township Zoning Ordinance is as
follows:

Front Yard. A yard extending theful/ width ofthe lot between a structure and the front lot
line or side street lot line.

The Front Lot Line (Street Line) does not meet the definition as set forth in the Plainfield
Township Zoning Ordinance as follows:

A lot line separating the lot from a street right-ol-way. The front lot line shall be the same
as an existing or future right-ol-way line (whichever establishes a greater width).

The lot line is not shown as separating the lot from a street right-of-way, as required by
Section 201 8 of the Plainfield Township Zoning Ordinance. Therefore, a Variance is
required from the Front Yard setback as set forth in Section 318 (I) of the Plainfield
Township Zoning Ordinance. The proposed Front Yard does not front upon a street as
required by the Plainfield Township Zoning Ordinance. Due to the fact that the Front
Yard requirement is not being met (the Front Yard does not front upon a street), the Side
Yard configuration remains invalid. The Front Yard guides the configuration of the entire
lot. Until the Front Yard issue is resolved, the Zoning Officer cannot make a
determination on either the Side Yard or the Rear Yard.

Due to fact that the Front Yard requirement is not being met (the Front Yard does not
front upon a street), the Rear Yard configuration is invalid. The Front Yard guides the
configuration of the entire lot. Until the Front Yard issue is resolved, the Zoning Officer
cannot make a determination on either the Side Yard or the Rear Yard.

Zoning Ordinance Section 402.A/406.AG: As per Section 402.A of the Zoning


Ordinance, every principal building shall be built upon a lot with frontage upon a public
or private street improved to meet Township standards or for which such improvements

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 22
have been insured by the posting of a performance guarantee pursuant to the Subdivision
and Land Development Ordinance, excepting however, those principal buildings
specifically approved by the Board of Supervisors.

It is clear that a portion of the "haul road" utilized by the landfill facility is owned in part
by Plainfield Township (Tax Map Parcel ID# E8 14 IA 0626E). Temporary use of this
parcel was granted to Grand Central Real Estate Company, Inc. and Grand Central
Sanitation, Inc. via an Easement Agreement dated March 12, 1997. This section ofthe
landfill "haul road" subject to the Easement Agreement may once again in the future be
used as part of the Recreation Trail pursuant to the Easement Agreement provisions once
the landfill has entered the closure phase of its life cycle. As set forth elsewhere within
this letter, neither Green Knight Economic Development Corporation nor Synagro
Technologies, Inc. are parties to the Easement Agreement.

Proposed Cul-de-Sac

The Applicant is representing that the Green Knight Lot has been reoriented to front on a
new private street, which is proposed to be a cul-de-sac street as shown on the Sketch
Plans. It is the determination of the Zoning Officer that the proposed cul-de-sac street
should not be labeled as a private street due to the fact that it is crossing over a portion of
the previously described Township property subject to the March 12, 1997 Easement
Agreement. Further, the cul-de-sac does not connect to any existing designated streets (as
per the Official Street Classification Map) within the Township.

Method ofHeat Delivery to Synagro Center Lot

It is unclear to the Zoning Officer how the currently unused heat source provided by the
LFGTE plant will be conveyed to the structure on the Synagro Center Lot. While the
Description of Project Intent does identify that the existing turbines will be modified to
convey waste heat from the stacks to the drying process, no pipes or other method of
delivery are shown on the Sketch Plans. This method of conveyance should be identified
to determine compliance with all applicable ordinances, in the opinion of the Township
Engineer or any other official of the Township, as required.

Zoning Hearing Board Appeal 99-3

It is unclear to the Zoning Officer as to why the Sketch Plan Description of Project Intent
makes reference to Plainfield Township Zoning Hearing Board Appeal 99-3 as a
successful approval relative to the LFGTE facility. Zoning Hearing Board Appeal 99-3
was denied by the Zoning Hearing Board due to the fact that the applicant did not
demonstrate to the satisfaction of the Board members that the applicant had justified a
hardship. The applicant was requesting a variance from the requirements of the Zoning
Ordinance to locate the LFGTE use within the Commercial/Industrial Zoning District; it
was noted by the Zoning Hearing Board that the proposed use was a permitted use within
the Solid Waste Processing and Disposal District.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 23
V. Section 410 Performance Requirements.
It is the recommendation of the Zoning Officer to the Plainfield Township Board of
Supervisors that as a condition of any future approval of the proposed Material
Separations Facility use and the occupancy of any proposed structure associated with this
use, that evidence that all performance standards are complied with be provided via
certification of tests by appropriate government agencies, or be recognized testing
laboratories (with the costs to be borne by the applicant). It is the recommendation of the
Zoning Officer that specific types of equipment, machinery and devices are installed or
used as required in order to determine whether or not the proposed operation is in
compliance with all applicable perfonnance standards. Permits and certificates required
by other government agencies shall be submitted to the Zoning Officer as proof of
compliance with applicable codes. Regulation of Nuisance Characteristics and the
Standards to be enforced shall be in accordance with Section 410 (C) and (D) of the
Plainfield Township Zoning Ordinance and all applicable State and Federal regulations.
Section 802 (A) (3) (C) of the Plainfield Township Zoning Ordinance reads as follows:

Prior to the issuance ofany Zoning Permit. the Zoning Officer shall review the
application for such permit to determine ~fall other necessalY governmental permits
(such as those required by State and Federal laws such as Act 537, the Pennsylvania
Sewage Facilities Act, the Water Obstruction Act of 1913, and the Federal Water
Pollution Control Act Amendments of 1972. (Section 404,33, U.s.c. 1334) have been
obtained. No permit shall be issued until this determination has been made.

The Plainfield Township Zoning Ordinance requires the Applicant to obtain prior
approvals for all required governmental pennits. No zoning or building pennits shall be
issued until such time that all required governmental permits are obtained by the
Applicant and proof of compliance is furnished to the Township, as required by Section
410 (C) and (D).

VI. Dimensional Requirements.

Synagro Center Lot

The following dimensional requirements will apply to the proposed facility located
within the Solid Waste Processing and Disposal District as per Section 318 H, I, and J of
the Zoning Ordinance:

a. Minimum Lot Size: 5 acres is required for proposed 400 tons of solid
waste per day.

b. Minimum Lot Width: 200 feet

c. Maximum Building Coverage: 25%

Synagro Sketch Plan -Zoning Officer Review Letter- November 2,2017 Page 24
d. Maximum Building Height: 50 feet

e. Maximum Structure Height: 75 feet (403 B. Accessory Structures 150% of


50 feet)

f. Maximum Impervious Coverage: 45% (318 J Maximum Impervious


Coverage in the Solid Waste Processing and Disposal District)

g. Front Yard: 50 feet

Comments on the dimensional requirements are as follows:

a. Clarification is needed as to the proposed silo height. The Township


Engineer shall confirm that the Sketch Plan is in compliance with the
dimensional requirements of the Zoning Ordinance.

b. The Township Engineer shall confirm that the Sketch Plan is in


compliance with the correct dimensional requirements of the Zoning
Ordinance and the SALDO.
Green Knight Lot

The following dimensional requirements will apply to the proposed facility located
within the Solid Waste Processing and Disposal District as per Section 318 H, I, and J of
the Zoning Ordinance:

a. Minimum Lot Size: 3 acres

b. Minimum Lot Width: 200 feet

c. Maximum Building Coverage: 25%

d. Maximum Building Height: 50 feet

e. Maximum Structure Height: 75 feet (403 B. Accessory Structures 150% of


50 feet)

f. Maximum Impervious Coverage: 45% (318 J Maximum Impervious


Coverage in the Solid Waste Processing and Disposal District)

g. Front Yard: 50 feet

Synagro Sketch Plan - Zoning Officer Review Letter~ November 2, 2017 Page 25
Comments on the dimensional requirements are as follows:

a. The Township Engineer shall confinn that the Sketch Plan is in


compliance with the correct dimensional requirements of the Zoning
Ordinance and the SALDO.

VII. Wastewater Management Area (WWTA)


It is the detennination of the Zoning Officer that more infonnation is required for the
proposed Wastewater Management Area, which is proposed to be located on the Synagro
Center Lot. It is not clear to the Zoning Officer what buildings or structures are proposed
for this area based on what was submitted by the Applicant. Additional infonnation is
required in order to make any type of detennination with respect to compliance with the
Plainfield Township Zoning Ordinance.

In addition, it is not clear what appurtenances or structures are proposed to hold the
wastewater on-site. With respect to this issue, the Zoning Officer will also defer to the
recommendations of and any questions set forth by the Township Engineer as well as the
appointed Special Environmental Engineering Consultant, which is Mr. Michael
Brunamonti, P.E.

VIII. Accessory Uses Determination.


The Applicant is proposing to relocate the existing switch gear of the LFGTE facility on
the proposed Green Knights Lot. The switch gear of the LFGTE facility is an accessory
use to the proposed Green Knights Lot only- not the Synagro Center Lot. However,
compliance with the SALDO must be determined by the Township Engineer for the
switch gear relocation.

IX. Geotechnical Site Investigation Report.

A Geotechnical Site Investigation Report for the proposed site to the satisfaction of the
Township Engineer shall be provided. The Applicant has previously indicated that they
will provide the Township with a courtesy copy of the Geotechnical Site Investigation
Report once said report is completed.

X. Existing Utilities.

The main structure on the Center Lot is proposed to be built where there are existing
overhead electric utilities, as well as existing utilities poles. A relocation plan shall be
submitted to the Township. Proof of coordination with the local utility provider and the

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 26
utility provider's approval of the relocation of the utility facilities shall be furnished to
the Township.

The Applicant has previously indicated that they will supply the Township with a copy of
the utility provider's approval of the relocation of the utility facilities and that all requests
related to the relocation plan and operation of facilities shall be provided. Therefore, this
comment has been addressed, provided that the Applicant does indeed provide the
Township with said plans and approvals.

Upon review of the recorded Land Development plans for the GKEDC LFGTE plant as
well as the proposed revised plans in 2001, it is clear that there is a feature on the plan
labeled as an existing "Water Service Pit" which was not transferred to the Sketch Plan.
Additional infonnation is required for this feature. It is necessary to detennine whether
the "Water Service Pit" still exists, or if it will need to be moved to an alternate location,
as the recorded Land Development plans depict the feature directly where the main
structure on the Center Lot is proposed to be built.

XI. Traffic Visibility Across Corners.


The applicant shall furnish proof to the Township that the proposed use is in compliance
with Section 404 (C) (Traffic Visibility Across Corners) for all sightlines at intersections
of driveways or access ways with streets.

XII. Operating Hours.


The applicant shall identify the proposed operating hours for this proposed facility and all
proposed Accessory Uses. Additional infonnation is required from the Commonwealth of
Pennsylvania Department of Environmental Protection in terms of whether the proposed
operating hours are not in conflict with the current Grand Central Sanitary Landfill
Operating Permit and all other applicable Plainfield Township ordinances.

The Applicant has not identified the proposed operating hours for this proposed facility
and all proposed Accessory Uses. While Plainfield Township cannot regulate the
operating hours of the proposed site and facility, the Applicant shall provide the proposed
operating hours to the Township in order to determine ifthere is an adverse impact on the
public health, public safety and general welfare.

XIII. Plainfield Township Driveway Ordinance.


Compliance with the Plainfield Township Driveway Ordinance shall be confinned to the
satisfaction of the Driveway Administrator and the Township Engineer.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 27
XIV. Land Development/Major Subdivision Approval Required.
Land Development/Major Subdivision approval by the Plainfield Township Planning
Commission and Plainfield Township Board of Supervisors is required for this proposed
use and the two proposed lots (Synagro 7.01 acres and Green Knight 5.18 acres) before
any zoning and building permits can be issued. All applicable provisions of the
Subdivision and Land Development Ordinance shall apply.

XV. Section 406. Frontage Development Along Arterial and Major Collector
Streets.
Compliance with Section 406 (A), (B), (C), (D), (E), (F) and (G) is not able to be
achieved nor are the sections applicable because the proposed facility, as well as both the
proposed Synagro lot and the new Green Knights lot configuration, does not front on an
either an Arterial or a Major Collector road.

XVI. Impact to Future Recreation Trail.


It is the recommendation of the Zoning Officer that the current and future impact of this
facility on the Recreation Trail should be studied and the results of said study provided to
the Township, to the satisfaction of the Planning Commission, the Township Engineer,
the Township Solicitor, and the Zoning Officer.

The previously referenced Easement Agreement dated March 12, 1997 was granted
to Grand Central Sanitation, Inc. and Grand Central Real Estate Company, Inc.-
not to Synagro Technologies, Inc. Additionally, it was a previous condition of
approval that the Green Knight Economic Development Corporation would need to
join as a party to said Easement Agreement and acknowledge the responsibilities
and obligations as set forth in the original Agreement. To the best of the knowledge
and understanding of the Township, this action never occurred.

XVII. Article 6 - Signage.


All signage proposed for this facility and use shall be identified to the Township in order
for the Zoning Officer to determine compliance with Article 6 of the Zoning Ordinance
entitled "Signs". A Plainfield Township zoning permit (and possibly a building
permit, depending on the type of sign proposed) is required before any signage can
be installed. Signage must be in compliance with Article 6 of the Plainfield
Township Zoning Ordinance.

Synagro Sketch Plan -Zoning Officer Review Letter- Novemher 2,2017 Page 28
XVIII. NPDES Permit Required.
As over one (I) acre of disturbance is proposed for this project, Plainfield Township is
not currently able to issue any pennits (either zoning or building) for this project as per
Section 102.43 of the Commonwealth of Pennsylvania Department of Environmental
Protection (PA DEP) Erosion and Sediment Control Rules and Regulations, 25 Pa. Code
102.43 and Section 611 of the Clean Streams Law, the Act of June 22, 1937, L.L. 1987,
as amended, 35 P.S. 691.611. 25 Pa. Code 102.43 states, "With the exception oflocal
stonnwater approvals or authorizations, a municipality or county may not issue a building
or other pennit approval to those proposing or conducting earth disturbance activities
requiring a Department permit until the Department or a conservation district has issued
the E&S or individual NPDES Pennit, or approved coverage under the general NPDES
Permit for Stonnwater Discharges Associated With Construction Activities under I02.5
(relating to permit requirements)."

Neither the Plainfield Township Zoning Officer nor the Plainfield Township
Building Code Official can issue permits in violation of state laws. Section 802 (A)
(3) (C) of the Plainfield Township Zoning Ordinance requires that the Applicant
obtain approvals for all required governmental permits. No zoning or building
permits shall be issued until such time that all required governmental permits are
obtained by the Applicant.

XIX. Stormwater Conveyance.


The Sketch Plan proposes to direct and convey stormwater to the existing Sediment Basin
No.2 (as identified by the applicant) and that Sediment Basin No.2 will be modified as
required to accommodate the additional volume. Infonnation shall be provided on
specifically how the stormwater runoff is to be conveyed to Sediment Basin No.2. Act
167 (Stonnwater Management Act)/Plainfield Township Stonnwater Ordinance (Bushkill
Creek, Martins/Jacoby Creek and Delaware River Sub-Basin I Watersheds Act 167
Stonnwater Management Ordinance) compliance is required. Proof of compliance with
the current Grand Central Sanitary Landfill Operating Permit to use this Sedimentation
Basin No.2 as a stormwater facility is required from the Pennsylvania Department of
Environmental Protection. In addition, all existing stormwater facilities shall be identified
on the Sketch Plan.

Neither the proposed reconfiguration of the Green Knight Facility lot nor the proposed
Synagro lot on the Sketch Plan as submitted provide for an alternate stormwater basin
and an alternate stormwater discharge area in order to meet the requirements of Act 167
and the Plainfield Township Stormwater Ordinance in the event that the Sediment Basin
No.2 no longer can function as a stormwater facility. This item needs to be addressed by
the applicant, as indicated elsewhere within this letter.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 29
Further, the applicant needs to identify to the Township exactly how the stormwater
relative to the existing GKEDC LFGTE facility is being conveyed to Sediment Basin No.
2. The revised 2001 Land Development Plan proposed the following stonnwater
facilities:

Stonnwater Collection Swale (located directly where the proposed cul-de-sac is


now situated on the Sketch Plan);

Proposed Inlet Box Top of Box EI. 707.25 Outlet Pipe Inv. EI. 704.63

Proposed 12" ADS Culvert

It appears that grading is shown on the plan in order to help convey the
stonnwater to the existing "Doney #2 Quarry", which is now labeled as Sediment
Pond No.2.

It is not clear to the Zoning Officer whether these proposed stonnwater facilities were
ever built as intended to convey stonnwater to the former "Doney No.2 quarry", because
the relevant revised plan was never recorded, to the best of the knowledge and
understanding of the Township. An "As-Built" Plan showing these facilities was not able
to be located within the existing Township records. As noted elsewhere in this letter, the
site where the GKEDC LFGTE parking lot is currently built on the facility (and shown
on the Sketch Plans) was originally intended to be a stonnwater detention basin.

The Sketch Plan as proposed does not delineate the location of these stormwater
facilities, and portions of the proposed paving, parking lots and benn would be built
directly where these facilities were slated to be constructed. Additional information is
required from the applicant as to how the proposed methods of controlling stonnwater
will be in compliance with Act 167 and the Plainfield Township Stormwater Ordinance.

xx. Section 703 Design Standards for Off-Street Parking Facilities; Section 704
Off-Street Loading.

a. Section 703 A (7): Compliance with Section 703 (A) (7) shall be
confirmed by the Township Engineer prior to the issuance of any zoning
or building permits.

b. Section 7030 (1) (2) (3) (4): Compliance with Section 703 (D) (1) (2) (3)
(4) shall be confirmed by the Township Engineer prior to the issuance of
any zoning or building permits.

c. Section 703 E: The applicant needs to provide information to show that


the required parking facilities, including driveways, are to be graded,
surfaced with asphalt or other suitable material, and drained to the extent

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 30
necessary to prevent dust, erosion, or excessive water flow across streets
or adjoining properties. Compliance with Section 703 (E) shall be
confirmed by the Township Engineer prior to the issuance of any zoning
or building permits.

d. Section 703 F: Any parking area designed for use by six (6) or more cars
after dusk shall be adequately illuminated. All fixtures used to illuminate
parking areas shall be arranged to prevent light from shining beyond the
boundary of the property. Compliance with Section 703 (F) shall be
confirmed by the Township Engineer prior to the issuance of any zoning
or building permits.

e. Section 703 G (1) (2): All parking spaces and access drives shall be at
least ten feet (10') from any side or rear lot lines. The access drives for the
proposed Synagro lot are not ten feet (10') from the rear lot line.
Furthermore, the rear lot line is not in compliance with the Zoning
Ordinance. All areas not serving as parking spaces, aisles, access drives,
or pedestrian walkways shall be permanently landscaped and maintained.
Therefore, the requirements of Section 703 G (1) and (2) are not currently
being met as shown on the proposed Sketch Plan. Compliance with
Section 703 (G) shall be confirmed by the Township Engineer prior to the
issuance of any zoning or building permits.

f. Section 704 B (2): The maneuvering room is not sufficiently separated


from other parking to eliminate traffic conflicts within off-street loading
and parking areas as currently proposed. Compliance with Section 704 (B)
(2) shall be confirmed by the Township Engineer prior to the issuance of
any zoning or building permits.

g. Section 704 B (3): The maneuvering room is not entirely on the lot
proposed to be served. The maneuvering room is outside of the yard area.
Compliance with Section 704 (B) (3) shall be confirmed by the Township
Engineer prior to the issuance of any zoning or building permits.

h. Section 704 B (6): Compliance with Section 704 (B) (6) shall be
confirmed by the Township Engineer prior to the issuance of any zoning
or building permits. In addition, the relocated Switch Gear on the
proposed Green Knights lot appears to be located where the parking lot
access would be placed. Confirmation is required from the Applicant
which demonstrates that the relocated Switch Gear is not a hazard to
vehicles/pedestrians accessing or departing the parking area.

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 31
1. Section 704 B (7): Compliance with Section 704 (B) (7) shall be
confinned by the Township Engineer prior to the issuance of any zoning
or building pennits.

XXI. Section 409 eC) (17).


Certification of ownership and acknowledgement of plan signed by the owner and
developer is required. Synagro Technologies, Inc. is the Applicant but does not have
ownership of the parcel. Proof of equitable ownership is required.

XXII. Planning Commission and Township Engineer Recommendations.


In addition to the issues and detenninations set forth within this letter, the Zoning Officer
review letter shall incorporate any and all issues to be addressed and recommended
conditions as identified by the Township Engineer and the Planning Commission as part
of the Sketch Plan review.

As set forth above in this review letter, building and zoning pennits cannot be issued for
this project until all the issues identified within this letter are addressed or any other
issues that may be identified during the required Planning Commission Site Plan review
and any future fonnal Subdivision and Land Development (SALDO) application
review(s) are addressed. The applicant has submitted a Sketch Plan at this time pursuant
to the provisions of Article 4 of the SALDO. Therefore, there are no pending building or
zoning pennits as of the date of this review letter.

The applicant has requested that the Sketch Plan application review take place at the
November 29,2017 Planning Commission Special meeting scheduled for 7:00 P.M. The
location has been advertised as being held at the Wind Gap Middle School (1620 Teels
Road, Pen Argyl, PA 18072). A Special Meeting Public Legal Notice has been advertised
in the October 25,2017 edition of the Express-Times as required by the applicable laws
of the Commonwealth of Pennsylvania.

This review letter was prepared by the Plainfield Township Zoning Officer, Mr. John
Lezoche, in conjunction with the Plainfield Township Manager/Alternate Zoning Officer,
Thomas Petrucci. All references to the Township Engineer in this letter shall mean the
appointed Alternate Township Engineer for this project, which is Hanover Engineering
Associates, Inc., with Mr. Farley Fry, P.E. and Robert Lynn, P.E. representing.

If there are any questions or if any additional infonnation is required, please do not
hesitate to contact the undersigned officials.

Synagro Sketch Plan -Zoning Officer Review Letter- November 2,2017 Page 32
Sincerely,

John Lezoche
Zoning Officer

Sincerely,

Thomas Petrucci
Township Manager
Alternate Zoning Officer

Enclosures (Exhibits A, B, C, and D)

Cc: Plainfield Township Board of Supervisors, Individually


Plainfield Township Planning Commission, Individually
Joyce Lambert, Plainfield Township Planning Commission Secretary
James Hecht, Synagro Project Manager (via email only)
David Backenstoe, Esq., Plainfield Township Solicitor (via email only)
John Embick, Esq., Plainfield Township Environmental Special Legal Counsel
(via email only)
Farley Fry, P.E., Township Engineer for Synagro Applications (via email only)
Robert Lynn, P.E. Township Engineer for Synagro Applications (via email only)
Michael Brunamonti, P.E., Special Environmental Consultant (via email only)

Synagro Sketch Plan - Zoning Officer Review Letter- November 2, 2017 Page 33
Exhibit "A"

Plainfield Township Board of Supervisors


6292 Sullivan Trail
Nazareth, Penna. 18064
Phone 610-759-6944 or 610-863-4787
Fax 610-759-1999

April 17, 2001

Mr. Robert Cormnan, Jr.


Green Knight - Economic Development Corporation
563 Getz Road
Pen Argyl, Pa. 18072

RE: GKEDC LFGTE PLANT


PAVED PARKING LOTIDRIVEWAY
LAND DEVELOPMENT PLAN

Dear Mr. Cornman:

Enclosed, herewith, please find a copy of the Plainfield Township Board of


Supervisors' Conditional Approval ofthe GKEDC - LFGTE Paved Parking
LotlDriveway Land Development Plan, as agreed to by you, at the regular monthly
meeting of the Board of Supervisors held on April 11,2001.

The following conditions must be met:

1) Notification of LVPC Approval.

2) Compliance with all conditions as set forth in Keystone Consulting


Engineers' review letter dated April 6, 2001.

3) Owner signature.

4) Notarization.

5) Comply with conditions/comments as set forth in Township Solicit<\{'s


letter of April 10, 2001.
Exhibit "A"

Page 2

6) Revised language re: alternate access point as per Township Engineer.

7) Improvements Agreement, with adequate security.

If you have any questions, please feel free to contact, Christopher Noll,
Subdivision Administrator.

Sincerely,
-r:=::> -
_0'"""j ,\\I/n
II \1 :_J /
/) ~."
Joyce'A.' Lambert, ecretary
Plainfield Township
Board of Supervisors

Enclosure

Cc: David Backenstoe, Esquire


Kevin Harwick, Engineer
Christopher J. Noll, Subdivision Administrator
Board of Supervisors
Jan Hutwelker, ERG
Grand Central Real Estate Company, Inc.
Harry Smith, GCS
Exhibit "A"

PLAINFIELD TOWNSHIP BOARD OF SUPERVISORS


6292 SULLIVAN TRAIL, NAZARETH, PA 18064

G~ebC -L 1=6 r(:> P/1'1 AJ;- ~ f1l(]6J)


Subdivision/Land Development Plan ~eltj)J6 L~ TI
....... 'b )v.i't.:J~ I

CONDITIONAL APPROVAL

I, the undersigned Owner/Developer, hereby agree to and accept and will comply with each and
ev.ery condition set forth below as a condition of the Township's granting preliminary/final
approval for the above-captioned plan.

Planning Module Approval by Plainfield Township Sewage Officer.

~ Notification of LVPC Approval.

Notification of Soil Conservation Approval.

Comply with all conditions as set forth in Keystone Consulting Engineers' review letter
dated eJ 6 tJ
Comply with all conditions of Township SEO's letter dated _

Owner signature.

Notarization.

~ skp S~ tj c-HVl .~ t lUt ~ Ill){~ I I [J, 7...00j.


~JW L~( WI. If Jk1. JR. 4/<2$ S .PWJ
Vl (tth 2zMIY1?1 'f2 ~..e--:>.

Improvements Agreement, with adequate security.

If these Conditions are not met, within twelve (12) months from the date set forth above,
I agree that the plan approval will be automatically void and the plan will be rejected. Further, I
agree that I will have to resubmit a new plan in accordance with any and all existing subdivision,
land development and/or applicable Township ordinances. Finally, I warrant that I am
authorized to accept these terms and conditions on beha of the Owner/Developer.
Exhibit "B"

keystone
Civil Engineers & Surveyors

433 East Broad Street Bethlehem, PA 18018-6386 61 0-865-4555 FAX 610-758-9009


consulting 6235 Hamilton Boulevard Wescosville, PA 18106-9797 610-395-0971 FAX 610-391-8942
engineers
inc
PT-99-005
April 6, 200 I

Plainfield Township
Board of Supervisors
6292 Sullivan Trail
Nazareth, PA 18064

RE: GKEDC LFGTE Plant


Paved Parking LotlDriveway
Land Development Plan

Dear Members:

Submission: Materials prepared and submitted for the applicant by EarthResource Group, Inc. include a plan
entitled, GKEDC LFGTE Plant - Paved Parking LotlDriveway - Site Plan, sheet I of 1, dated
March 8, 2001, revised March 29,2001.

Proposed: This plan is a revision to the Gas to Energy Land Development Plan, which was approved by the
Planning Commission and Board of Supervisors in October, 1999.

The building has been constructed, the plant is running and the following revisions to
the approved site design is proposed:

A) The driveway to access the site is to be relocated to the western side of the site.

B) The parking lot is to be moved to the east end of the building, enlarged and paved.

C) Turbine exhaust area is to be fenced.

D) The detention pond is to be eliminated and runoff is now to be directed into the existing
quarry on Grand Central Real Estate Company, Inc. lands,

The tract is in the Solid Waste Processing and Disposal District and is served by central water and a
sewage holding tank. As discussed at the September 20, 1999 Planning Commission Meeting, this
facility is considered a Refuse Derived Fuel Facility and is a permitted use in this zoning district
with no additional requirements listed in the Zoning District.

This plan was recommended for conditional approval by the Planning Commission at their March
19,2001 meeting.

Reply To: Bethlehem ~ Wescosville [

Environmental Highways Municipal Planning Subdivisions


Exhibit "B"

Plainfield Township -2- April 6, 2001


Board of Supervisors PT-99-005

Our comments are based on the current Subdivision and Land Development Ordinance and Zoning
Ordinance and Amendments.

* 1) SALDO 3.2.C.l and 5.2.A.l - A separate Preliminary Plan submission is required unless waived
by the Board of Supervisors. At their March 19, 2001 meeting, the Planning Commission
recommended that this requirement be waived.

2) SALDO 5.2.D.l.a - Lehigh Valley Planning Commission review is required.

3) SALDO 5.3.D.3.e - The location of the existing water service lateral to the building should be
shown.

4) SALDO 5.4.A - The driveway as shown on the plan approved in 1999, accessed the Grand Central
Real Estate access road on the northeast side of the site. A 30' wide access easement across Grand
Central Sanitary Landfill lands provided access to Pen Argyl Road.

The proposed driveway configuration would access the Grand Central Sanitary Landfill Road at the
west end of the site. The driveway would cross the Old Township Trail before intersecting the
Grand Central Sanitary Landfill Road. This land is owned by Plainfield Township and will
someday be restored by the owners of the Landfill as a Township trail.

Provisions should be made for this future event and noted on the plan. The Solicitor should review
any proposed notations. The existing easement agreement is being checked by the Township
Solicitor to determine ifuse of the township property by this facility is provided for in the
agreement. If no provisions are found in the existing agreement, a new agreement to allow this
subdivided lot cross the township property to the point where the existing access easement starts
may be necessary, if agreed to by the Board of Supervisors.

5) SALDO 8.0 - There is an existing improvements agreement pending. If this plan is approved and
concrete monuments and pins are set, the bond and this agreement can be eliminated.

6) SALDO 10.9 - The detention pond on the 1999 plan collected runoff from the building and the site
and released it into the existing swale to northwest.

The current proposal will pave this pond area as a parking lot. Some runoff will still run to the
northwest, however most runoff is shown to be directed into the existing quarry on Grand Central
Real Estate lands on the southeast side ofthe site.

The building and adjacent site grading was constructed about 4' lower than the original design. The
pond shown on the 1999 plan would not work on the site as it currently exists.

Conveying runoff into the quarry is an acceptable solution, and a water discharge agreement with
Grand Central Real Estate has been submitted and should be reviewed by the Township Solicitor.
Exhibit "B"

Plainfield Township -3- April 6, 2001


Board of Supervisors PT-99-00S

* 7) SALDO 1O.9.G. 7 - Harry Smith has mentioned that school buses will be accessing the site for facility
tours. The turning paths of the parking lot does not look as though it will handle school buses and no
bus parking has been provided. Discussion at the Planning Commission meeting indicated that this is an
internal issue that will be addressed by the GKEDC.

A 6' high chain link safety fence (with moveable posts) has been shown on the plan along the edge of
the quarry. The slope is about 1: 1 and the bottom of this quarry is filled with water. "Moveable posts"
should be defined. The Board of Supervisors should discuss if this is acceptable from a safety stand
point.

Items marked with a (*) are recommended for discussion by the Board of Supervisors. Ifthere are any
questions regarding this review, please contact the undersigned.

Sincerely,

KEYSTONE CONSULTING ENGINEERS, INC.

Kevin D. Harwick, P.L.S.

KDH/ltn

xc: Green Knight - Economic Development Corporation


Grand Central Real Estate Company, Inc.
Jan Hutwelker, P.E., Earth Resource Group
David M. Backenstoe, Esq.
Christopher J. Noll
Exhibit "C"

I. AW OF' F'"ICE S

HABER, CORRIERE AND BACKENSTOE


A PROFSSIONAL CORPORATION

RICHARO j MABER TELEPHONE


OONALO B. CORRIERE 1610' e6SSS6l5
OAVIO M, aACKENSTOE
TELECOPIER
MICMAEL F. CORRIERE
1610' e6S 38e9

Douglas Jon Tkacik, Esquire


18 East Market Street
P. O. Box 498
Bethlehem, PA 18016-0498

Re: Grand Central Sanitary Landfill, Inc.


and Green Knight Economic Development Corp.
Plainfield Township
Dear Doug:

Thank you for forwarding the March 12, 1997 Easement Agreement and proposed Water
Discharge Agreement for the above referenced project.

With regard to the Easement Agreement, it appears that the same was not recorded. I
believe that the Agreement should be recorded so that there is no question that any successor
with an interest in the real estate will be on actual notice regarding the restrictive covenants
placed on the particular parcels ofland.

In addition, I believe a short addendum wherein the Green Knights join as a party and
acknowledges the responsibilities and obligations as set forth in the original Agreement would be
appropriate.

With regard to the Water Discharge Agreement, I believe the Agreement should include a
diagram depicting the actual discharge detention basin and discharge area which will be located
on Lot 2. In addition, paragraph 3 of the Agreement indicates that at some time Lot 2 may no
longer be able to accept the water discharge and that therefore an alternate scheme will have to
be developed. I believe this Agreement should specifically identify the alternate discharge area
and manner of discharge in the event that Lot 2 can no longer accept the same.

After you have had an opportunity to review these thoughts, please contact me so we may
discuss the same.

DMB/cmm
cc: Board of Supervisors
Kevin Harwick, Keystone Engineering
3-290.; 4:13PM;
Exhibit "C" ;6'06917866

WATER DISCHARGE AGREEMENT

THIS AGREEMENT, made this day of April, 2001, by and between


Grand Central Sanitary Landfill, Inc., ~wner of Lot NO.2 on a certain Subdivision and Land
Development Plan, fIled in the Northampton County Recorder of Deeds Office. on March 15,
2000, and known as Northampton County Unifonn Tax Parcel Identifier No. E8-12-1, (hereinafter
sometimes referred to as "Owner of Lot No.2"), and Grand Central Sanitary Landfill, Inc.,
owner of Lot No.1 on a certain Subdivision and Land Development Plan, filed in the Northampton
County Recorder of Deeds Office. on March IS. 2000, and known as Northampton County
Uniform Tax Parcel Identifier No. E8-12-IA, and Green Knight Economic Development
Corporation. (hereinafter collectively referred to as "Owner/Lessee of Lot No.1").

WHEREAS, Grand Central Sanitary Landfill, Inc. is the owner of Lot No.2, as more
fully set forth in a SUbdivision and Land Development Plan, and filed in the Northampton County
Recorder of Deeds Office on March 15, 2000; and

WHEREAS, Grand Central Sanitary Landml, Inc. is the owner of Lot No.1, as more
fully set forth in a Subdivision and Land Development Plan, and filed in the Northampton County
Recorder of Deeds Office on March IS, 2000; and

WHEREAS, Green Knight Economic pevelopment Corporation is a nonprofit


corporation engaged in the business of operation of a landfill gas to energy facility, located on Lot
No. I, and is the Lessee of Lot No.1; and

WHEREAS, Owner/Lessee of Lot No. 1 were required by the terms of approval of the
Subdivision and Land Development application to construct certain parking areas and stonn
water management structures on Lot No.1; and

WHEREAS. Owner/Lessee of Lot No.1 have requested that certain parking areas and
storm water management structures be relocated; and

WHEREAS. in order to do so, Owner/Lessee of Lot No. 1 must discharge storm water
onto land owned by Owner of Lot No.2; and
Exhibit "C" ;61069'7866

WHEREAS, Owner of Lot No.2 desires to permit Owner/Lessee of Lot No.1 to


discharge stonn water onto land owned by Owner of Lot No.2; and

WHEREAS. the parties intend that this agreement run with the land; and

NOW, THEREFORE, intending to be legally bound, the parties agree as follows:

1. OWDCr of Lot No.2 agrees. for itself, its successors and assigns. to hereby grant
unto Owner/Lessee of Lot No. I, their successors and assigns, a perpetual, exclusive right, in
common with Owner of Lot No.2 and others, to discharge storm. surface water onto land of
Owner of Lot No.2 and into a slate quarry and which is located on land owned by Owner of Lot
No.2.

2. The parties agree that this agreement shall be only for the limited purpose of
allowing storm water to run from land owned by Grand Central Sanitary Landfill, Inc., and leased
by Green Knight Economic Development Corporation, onto land owned by Owner of Lot No.2
and into a slate quarry as defmed in the subdivision applications. This agreement is for no other
purpose other than as set forth above. The scope and purpose of the agreement shall be as set
forth in this Agreement.

3. Owner of Lot No.2 and Owner/Lessee of Lot No. lacknowledge that at some time
in the future, the slate quarry may be filled and no longer accessible by OwnerlLessee of. Lot No.
1. their successors and assigns. for use as a stonn water detention basin and as a place to discharge
storm water. In this event, the storm water detention basin and discharge area shall be relocated
at the expense of Owner/Lessee of Lot No. I, their successors or assigns. Under no circumstances
shall the cost of relocation of the detention basin and discharge area be borne by any party who
at the time the detention basin and discharge area must be relocated does not have an ownership
interest in Lot No .1. All costs of relocation of the detention basin and discharge area shall be
bome by the owner or tenant, as the case may be. of Lot No.1.

4. Owner/Lessee of Lot No. I, their successors and assigns, shall indemnify Owner
of Lot No.2, its successors and assigns, and shall hold Owner of Lot No.2 and them harmless
from all liability. loss, costs and reasonable counsel fees resulting after the coDStruction of any
improvements by Owner of Lot No.2 from 1)f1ooding caused by Owner/Lessee of Lot No.1
input of collected surface water. 2)injuries or damages negligently caused by persons constructing
said improvements, and 3) injuries or damages arising from failure to maintain the improvements
in a safe condition. In addition, Owner/Lessee of Lot No. I, their successors and assigns, shall
indemnify OWDCr of Lot No.2 from all liability, loss, costs and reasonable counsel fees that may
arise as a result of the content of stonn water discharged on land owned by Owner of Lot No.2
or otherwise as may arise from OwnerlLessee of Lot No. luse of the detention basin and discharge
area. Owner/Lessee of Lot No. lagrees that any monitoring of the slate quarry as required by
Pennsylvania Department of Enviromnental Protection whicb monitoring is attributable to storm
water which originated from Lot No. 1 shall be paid by Owner/Lessee of Lot No.1. their
successors and assig~.

2
Exhibit "C" :6'06917866

5, The respective rights and obligations granted or reserved as set forth in this
agreement shall run with the land forever. as to both lots described herein.

6. Owner/Lessee of Lot No. 1 shall and will and hereby do release, indemnify,
defend, protect and save harmless Owner of Lot No.2 from and against any and all claims,
demands, liability, damages, costs and expenses, including without limitation, coun costs and
attorneys' fees, resulting from any and all loss of life or property, or from injury or damage to the
person or property of any person, finn, corporation or entity, including Owner of Lot No.2 and
Owner/Lessee of Lot No. land their officers, agents, and employees, arising out of or in
connection with Owner/Lessee of Lot No.1 (or Owner/Lessee of Lot No.1 agents', employees'
or invitees') use, maintenance, repair, renewal, reconstruction or alteration of the detention
basin and discharge area. The release and indemnity hereunder of Owner/Lessee of Lot No.1
shall survive any termination of this agreement.

7. This agreement is for the benefit of Owner/Lessee of Lot No. land their successors
and assigns as owners or fu01re owners of the property described as Lot No.1. This agreement
shall in no way limit Owocr of Lot No.2 from using its land in any way it sees fit. At such time
as the use of said land changes, Owner/Lessee of Lot No.1 may have to find alternative ways to
discharge storm water at their own cost and expense.

IN WITNESS WHEREOF, Owner of Lot No.2 and Owner/Lessee of Lot No.1,


intending to legally bind themselves, their successors and assigns. have caused this Agreement to
be duly executed the date and year first above written. -

GRAND CENTRAL SANITARY LANDFILL, INC.,


Owner of Lot No.2

By _
Robert Sochovka, Authorized Representative
Attest:

GRAND CENTRAL SANITARY LANDF'IU, INC.


Owner of Lot No. 1

By _
Robert Sochovka. Authorized Representative
Attest:

--. 3
Exhibit "C" ;6'069"866

GREEN KNIGHT ECONOMIC DEVELOPMENT


CORPORATION. Lessee of Lot No.1

By _

Attest:

4
---
Exhibit "D"

Vous aimerez peut-être aussi