Welcome to Lake Adventure Community Association

LETTER FROM OUR ATTORNEY CLAUSE TO THE TOWNSHIP ATTORNEY

August 25, 2010

Dear Attorney Klemeyer, Attorney Mahoney and Attorney Brown,

Be advised that I have spoke with the Lake Adventure Community Association Board of Directors and we have an agreement.

I will prepare the Stipulation for signature in the next few days.

I would appreciate if the Township in the interim would release the Placement Permits for Mr. Sturm and Mr. Decker, since they are anxious to have their trailers placed.

Respectfully,

Tammy Lee Clause, Esquire

RESPONSE FROM TOWNSHIP ATTORNEY

Tammy:

I am authorized to agree to the following:

1. We issues permits and CO’s as necessary to the four names property owners: Dalton, Sturm, Allessandro and Becker.

2. In exchange you withdraw any pending appeals before the ZHB for Sturm and Dalton.

3. We also enter into a Stipulation to settle the court actions filed under the names of Dalton and the POA and Sturm and the POA in which the claims of Dalton and Sturm would be marked settled and discontinued with prejudice. The money damages claim for the POA would be marked settled and discontinued with prejudice. The POA would mark settled and discontinued without prejudice its ordinance challenge claim and retain the right to challenge the ordinance on substantive grounds using whatever arguments it deems appropriate before the ZHB or the court.

Please let me know as soon as you can. Thank you.

John H. Klemeyer, Esquire

The next scheduled meeting with the Township is Tuesday, September 7th @ 7:00pm.

8/10/10

1ST PUBLIC HEARING ON AUGUST 10TH, 2010

An appeal went before the Zoning Hearing Board as the Dalton's Certificate of Use for their new trailer was not approved or denied by the Township. There was a notation on their survey map that their RV "must be no more than 8 feet wide when entering the Community.
The Township's Attorney stated that their permit had not yet been denied or granted yet because of this appeal.
A decision was made to withdraw the appeal. Mr. Woods was then told on record that he must either deny or approve the Dalton's permit based on the type of trailer he has.
Mr. Woods stated that he had already inspected the trailer and would render an approval or denial by Friday, August 13, 2010.
If the Certificate of Usage is granted, the appeal is unnecessary. If not, then the appeal process would begin again.

Attention Property Owners: Below is the next Meeting Date with the Township regarding the 12 wide issue. All are encouraged to attend. Call the Office if you are serious about attending. The LACA Bus can be used if enough property owners are going.

Notice is hereby given that the Dingman Township Board of Supervisors will hold a Public Hearing upon and consider for adoption an amendment to the Zoning Ordinance at 7:30 pm on August 17, 2010, at the Municipal Offices, 118 Fisher Lane, Dingman Township. A summary of the Amendment is provided below; the full text can be viewed at the Dingman Twp. Municipal offices; the Law Library of the Pike County Courthouse, 410 Broad St., Milford; and the News Eagle, 310 E Harford St, Milford.

AN ORDINANCE AMENDING THE ZONING ORDINANCE OF DINGMAN TOWNSHIP TO CORRECT CLERICAL ERRORS BY REVISING PROVISIONS RELATED TO THE ZONING HEARING BOARD, RECREATIONAL VEHICLES AND MOBILE HOME PARKS

Section 708.4 - Zoning Hearing Board

Section 305 - Use Regulations

Article II - Definitions

DINGMAN TWP. BOARD OF SUPERVISORS

Karen Kleist, Sec/Treas.

John H. Klemeyer, Solicitor

Important Information Regarding the Nonconforming Certificate 6/4/10

The Lake Adventure Community at this time does not have an individual to aid in the preparation of this application, because the person Lake Adventure had to handle this matter has resigned. Applications and payments accepted by the Admin Office are in the process of being returned.

Accordingly, since time is important in obtaining the non conforming certificate, the Board of Directors has decided that all applications and fees are returned to the property owner, so the property owner can fill out the application and obtain the certificate of non-conforming use.

As discussed at the Annual Meeting, the application must be filled out completely with the identification of the property lot lines and measurements of all improvements on your property. In addition, the lot must be clearly marked by a survey or the original survey marks must be located, so the Township can identify your property and all improvements. A map should accompany your application.

If you have ordered a survey, a copy of your survey should be sent to the township along with your check and the completely filled out application. The Township's address is Dingman Township,118 Fisher Lane, Milford, PA 18337.

Please remember, if you cannot find your original survey stakes, you will probably be required to obtain a survey with an "as built"drawing. This means that all the structures on your property must be on the survey along with dimensions and setbacks.

If your lot is an unimproved property you may decide not to obtain a non conforming certificate. However, there are cases where mobile campers may want to obtain approval of their pad location.

Furthermore, if your improvements are not in the setback areas you probably will not need a certificate of non conforming use.

In addition, if you are not planning for the replacement of your old trailer, deck, screen house etc. you may decide not to obtain a certificate of non conforming use. However, if you ever rebuild, build something new, or place an improvement on your property all items on the property will be required to be outside of the setback area before any permits will be granted.

Furthermore, if you sell your property the non conforming certificate will transfer to the new owner.

However, if you do not obtain a non conforming certificate and there is a possible set back violation, you must protect yourself if you ever sell your property by informing the new purchaser of the setback violations. Without a non conforming certificate; if you ever build a new deck, screen house, etc. or replace an old deck and/ or replace the trailer all improvements will be required to be outside the setback area before a permit may be obtained.

This letter is for informative purposes only and not fact specific to each property owners’ lots and/or improvements. There are numerous factual patterns that cannot be addressed generally.

The decision to obtain a non conforming use certificate is solely your responsibility and your decision.

Lastly, if you have any questions regarding the non conforming use application please contact the office at (570) 686-2800.

Respectfully,

Lake Adventure Board of Directors

THE 2010/2011 BOARD OF DIRECTORS REMAIN THE SAME!

WHAT'S NEW ?

Electric Upgrades (50amp service) are almost complete for the following areas:

Holly Court, Holly Drive & Hawthorne Court,

Black Cherry, Forest Glen, Porcupine Ct and Balsam Court.

The Laundry Room exterior has been completely refurbished - new roof, siding, windows, doors, etc.

7 water main valves have been replaced in areas throughout the park.

Don't forget to stop by the Admin Office and get a Blue Lot Sticker for your Moped or Scooter with the little year sticker after you show proof that this vehicle is licensed and registered.

Also, don't forget the 911 signs. This is MANDATORY by Dingman Township. Permits will NOT be issued unless you get a sign for your lot.



THE SPECIAL ASSESSMENT THAT WAS MENTIONED IN THE ADVENTURER IS FOR THE LOTS THAT HAVE BEEN UPGRADED TO 50AMP SERVICES ONLY!

PLEASE REMEMBER THAT THERE IS AN 18 MONTH DEADLINE FROM DEC 15, 2009 TO COMPLETE THIS PERMIT. (June 2011)

January 29, 2010

Below is the link for the NEW TOWNSHIP ORDINANCE:

data/NEW ORDINANCE_000.pdf

Below is a recent Newspaper article written by Board Member

Marietta Richard on behalf of the Board.

data/SCAN0168_000(2).pdf

JANUARY 19, 2010

BELOW IS A RECAP OF DOCUMENTATION REGARDING THE TOWNSHIP ORDINANCE SO YOU CAN BETTER UNDERSTAND  HOW THE BOARD OF DIRECTORS ALONG WITH OUR ATTORNEY ACTED ON BEHALF OF LAKE ADVENTURE.

BELOW IS THE FIRST NOTICE FROM THE TOWNHIP INFORMING US THAT THEY WILL BE IMPLEMENTING THE FOLLOWING ORDINANCE:

November 5, 2009

Dear Property Owners:

This is to inform you that the Lake Adventure Board of Directors has received notification that the Township is considering implementing the following Ordinance:

“The Supervisors of Dingman Township, at a regularly or specially advertised meeting, do hereby ordain and enact the following:

Section 306- Development Standards

Footnote #2- (Revised as follows) Manufactured home parks and recreational land developments are subject to the requirements of Article V and Vl of the Dingman Township Subdivision & Land Development Ordinance, as amended. The setback lines for the placement of any structure on a recreational vehicle campsite including but not limited to: recreational vehicles, tents, trailers, cars, trucks, or other motorized vehicles used for camping, accessory buildings (which may not be used for human habitation), decks, landings, patios, driveways, gazebos, or anything other than natural vegetation shall be: fifteen (15) feet from the front lot line; fifteen (15) feet from the back lot line; seven and one-half (7½) feet from the side lot lines; and fifty (50) feet from the top of the bank of any body of water (lake, stream, brook, etc.). No part of the recreational vehicle, including slide-outs, tip-outs, etc. may encroach into the setback area. The total of both side yards shall be no less than fifteen (15) feet and no recreational vehicle or structure that exceeds fifteen (15) feet in height may be placed on the lot. The property owner shall be required to show the zoning officer adequate evidence of the location of lot lines (including a survey if deemed necessary by the officer) before placing any such structure. The placement of any structure shall require a zoning permit under this ordinance. Any owner may apply for a certificate of non-conforming use for any structure previously placed that would otherwise be in violation of this provision within one (1) year of the of enactment. Thereafter, any such structure shall be considered to be in violation of this provision. Any certificate of non-conforming use issued shall only apply to the structure (s) described in the certificate. If that structure or structures is/are replaced or relocated, the setbacks in effect at the time of relocation or replacement shall apply.”

This proposed Ordinance has raised many questions with the individual Directors regarding cost of Placement permits, cost of Non-Conforming Use permit, time-frame, and many other legal issues. The Board of Directors would like to inform you that we will be meeting with our legal council to discuss all issues and concerns and would suggest any and all comments be submitted to the Community Manager, William Warms prior to the November Board meeting on Saturday, November 21, 2009.

Lastly, it is recommended that any concerned citizens of Lake Adventure should attend the scheduled Township meeting on December 1, 2009. The meeting will be taken place at 7:30pm, 118 Fisher Lane, Milford, PA. For directions you can contact the office at 570-686-2800. Also, you should check our website www.lakeadventure.net for the latest information in the event the town cancels the meeting for any reason.

Sincerely

Tom Annunziata

Vice President

THE NEXT DOCMUENT IS FROM OUR ATTORNEY TO THE TOWNSHIP'S ATTORNEY QUESTIONING THE ORDINANCE:

PUBLIC NOTICE

Notice is hereby given that the Dingman Township Board of Supervisors will hold a Public Hearing upon and consider for adoption an amendment to the Zoning Ordinance at 7:30 pm on August 17, 2010, at the Municipal Offices, 118 Fisher Lane, Dingman Township. A summary of the Amendment is provided below; the full text can be viewed at the Dingman Twp. Municipal offices; the Law Library of the Pike County Courthouse, 410 Broad St., Milford; and the News Eagle, 310 E Harford St, Milford.



November 24, 2009

John Klemeyer, Esquire

Klemeyer, Farley & Bernathy, LLC

402 Broad Street
Milford, Pennsylvania 18337

Via Fax (570) 296-2769

          Re: Dingman Township proposed Zoning Ordinance for

               Recreation Vehicles and Lake Adventure.

Dear Attorney Klemeyer:

I have discussed with the Lake Adventure Community Association’s Board of Directors at their meeting on Saturday, November 21, 2009, the Dingman Township’s proposed Zoning Ordinance as it applies to Recreation Vehicles, structures and Lake Adventure.

After reviewing numerous property owners’ comments, and discussions with the entire Board, the Board has authorized me to bring to your attention as the solicitor for Dingman Township prior to the meeting on December 1, 2009 some points of concern and comments from the property owners of Lake Adventure.

It is the goal of Lake Adventure Community to obtain changes to the Dingman Township’s proposed Ordinance. Changes that would result in satisfaction for both the Township, and the Lake Adventure Community, with consideration of Lake Adventure’s property owners’ vested rights.

Some of the items in this correspondence require more discussion and answers and others are requested changes.



Page 2

John Klemeyer, Esquire

November 23, 2009

The Board of Directors of Lake Adventure Community Association requested changes are as follows:

1. Initially there were many comments on the zoning heading,

    Manufactured/Mobile Home Park. As you are aware Lake

    Adventure is a recreational campground. Therefore the heading

    is not applicable to Lake Adventure.

          2. The proposed ordinance requires a fifty (50´) foot setback from                  the water, shore line. The Restrictive Covenants of Lake                             Adventure and the Subdivision Ordinance of Dingman Township         applicable when Lake Adventure Community was approved

             required only a twenty five (25´) foot setback from a

             body of water.

Accordingly to address concerns of numerous property owners’ legal rights to be vested or grandfathered and condering the “constitunal taking issue” , a request that the fifty (50’) foot setback be reduced to the twenty five (25’) foot consistent with the subdivision ordinance applicable when Lake Adventure was developed, and consistent with the restrictive covenants of Lake Adventure is requested.



          3. Lake Adventure is a recreation community. There are no

             permanent residents; however Lake Adventure does have

             property owners who are transient, with tents and/or trailers,

             and/or screen houses.

          Lake Adventure would request that these transient structures, which are structures that are taken down at the end of the camping season, or removed after usage be exempt from the Zoning Ordinance.

          4. The ordinance places a height restriction of fifteen (15´) feet. The

              Lake Adventure Board of Directors is extremely opposed to this

              height restriction. Especially since in Lake Adventure all

              vehicles must be recreation vehicles. All recreational vehicles

              must not be any greater than four hundred square feet (400´) to

              be considered a recreational vehicle and your height restrictions

              will eliminate usage of certain trailers and equate to a taking or

              elimination of rights.



Accordingly, Lake Adventure requests that the fifteen (15´) feet height restriction be removed.



Page 3

John Klemeyer, Esquire

November 23, 2009

5. Lastly, regarding the one (1) year time frame Lake Adventure

    requests that any time frame be removed from the ordinance.

    Pursuant to PA. N. W. Dift. v Zoning Hearing Board., 526 Pa. 186, 584

    A. 2d 1372 (1991) the Courts have determined that a zoning ordinance

    that requires a amortization or discontinuance of a pre-existing Non

    Conforming Use is in violation of the Pennsylvania Constitution and

    equates to a taking.

In addition, numerous property owners have presented the following questions that Lake Adventure would like to obtain answers to on December 1, 2009;

          1. With regards to the Zoning permit for the placement of any new                                 structure:

                    A. How much will the Zoning permit cost?

                    B. Where will the applications be located?

                    C. Will there be a standardized application?

                    D. Can the property owners place a structure on their lot

                       and then obtain a permit, or are you requiring a permit

                       before placement? If the latter what will be the time delay?

                       There are over a Thousand property owners!

Furthermore, the requirements of a zoning permit appear to be unnecessary when the Pennsylvania Building Code, exempts recreational vehicles.

          2. With regards to the Certificate of Non Conforming Use:



                    A. What is the cost for the certificate?

                    B. How will the application be acquired?

                    C. Will there be a time frame?

                   D. Why does Lake Adventure even need a zoning or non

                       Conforming use permit/certificate?

Page 4

John Klemeyer, Esquire

November 23, 2009

The Lake Adventure Board of Directors is opposed to Zoning Permits. If individual lot owners have to obtain a Building Permit for a structure, they should bear the burden and cost for variance. Lake Adventure and Dingman Township should not be creating a law just to address this issue.

The above are issues and concerns of the Lake Adventure Community Association and I bring these to your attention prior to the meeting in an effort to modify, or eliminate the ordinance, and obtain answers to questions regarding the proposed ordinance.

Lastly, all of the property owners in Lake Adventure have a vested right in maintaining their property in its current conditions until such time as each independent property owner decides to either replace or remove the trailer or structure.

You should be advised that the Lake Adventure Board of Directors will require that new placement, or relocation of a trailer on the property be placed consistent with the setbacks and will not allow violations of the private restricted covenants of Lake Adventure.

I look forward to hearing from you, and will see you on December 1, 2009.

                                                            Respectfully,

                                                               Tammy Lee Clause, Esquire

THE NEXT DOCUMENT IS FROM THE TOWNSHIP'S ATTORNEY IN RESPONSE TO THE ABOVE LETTER FROM OUR ATTORNEY:

data/LA 11-25-09letter from atty_ Klemeyer.pdf

NEXT WAS THE DECEMBER 1ST MEETING WITH THE TOWNSHIP

The meeting with the Dingman Township Board of Supervisors took place on Tuesday, December 1^st, @ 7:30pm in the Dingman Township Municipal Building.

Present from the Board were Arthur Berkey, Thomas Annunziata, Ed Rohs, AlfredoSiaba,Lenny Masucci,Marietta Richard,William Warms, Community Manager, along with approximately 60 or so LACA property owners, and our Attorney Tammy Clause.

Questions and concerns regarding the Proposed Ordinance were asked of the Supervisors.

Their intent is to assist property owners who are not in compliance with the Nonconforming Use Permit rather than a Variance which is quite costly and time consuming. They have indicated the fee for the Nonconforming Use Permit will be minimal under $75.00.

This “permit” will stay with the property until changes are made on the property, like the placement of a new trailer. However, until that time the “permit” is valid for all heirs, successors and assigns.

The new zoning will also require a zoning permit for placement of trailers and the Township will be discussing how to address transient individuals like Coast to Coast visitors and items similar to tents and motor homes.

As a result of the comments by the property owners the Dingman Township Board of Supervisors indicated that valid issues were presented and they will be reviewing the Proposed Ordinance.

Nothing was enacted at the public meeting, because of all the concerns of the Board and property owners.

There will be another Township meeting on Tuesday, December 15^th @ 7:30pm in the Township Building in which the Supervisors will discuss the Ordinance and public comments that were presented.

NEXT WAS THE DECEMBER 15TH MEETING

The Board of Directors along with our LACA lawyer, Tammy Clause, met with the Town on December 15^th.The open meeting was a normal Town meeting that was going to address a new ordinance that would have restricted and been detrimental to the future, land values and the full potential of our LACA properties.

The high lights of the meeting were the inability to upgrade our sites with new trailers and comply with the Towns rules regarding setbacks. Many of our lots are not large enough to address the new ordinance.

The final compromise from the Town and it was unanimously agreed to by the LACA board is as follows:

The town will be issuing a Certificate of Non Compliance. This form can be picked up at the Town Hall or in the near future could be down loaded from their web site. The cost of this application will be 50 dollars.

Once the certificate is filed any encroachment on the setbacks is grand fathered. This certificate is a onetime expense and remains "with the property" forever. The time limit on getting a certificate is 18 months.

In the event a new trailer is required, and this is important, "if it uses the same foot print" and "is not larger" a new replacement can be purchased and put in the same location. This only applies to lots that have gotten the CNC.

Any lot purchased or owned that does not have a trailer, shed, deck will in the future have to comply with all of the setbacks that are now in place, 15 feet back and front, 7 1/2 on either side.

The ordinance also states you must be 50 feet or more from any water, be it stream or lake. With the CNC you will be grand fathered in, satisfying the town ordinance.

It is the strong feeling of the LACA board that all P/O's apply for and get this certificate. If you are not sure of the boundary of your property it may be important to have a survey done. Knowing your boundary for this application is important.

If a survey is required or wanted the LACA board has gotten a local surveyor to come in and do our properties at a substantial savings. Please call the LACA manager, Bill Warms.

Sincerely,

Lake Adventure Board of Directors

WINTER PROJECTS

COMFORT STATIONS 1,6,12 - REPAIRING ELECTRIC, PLUMBING, CARPENTRY, PAINTING INTERIORS.
CLUBHOUSE PAINTING - BATHROOMS, REPAIRING STALLS, PAINTING STORE, INSTALL WEATHER STRIPPING, REPAIR DOORS, PAINT AND ORGANIZE KITCHEN AREA, SCREEN ROOM FLOOR/NEW CARPET
WAITING FOR QUOTE FOR REPAIRS TO DECKING
TRIMMING OF TREE LIMBS OFF ELECTRIC LINES
PADDLE BOAT RACK TO BE BUILT FOR DAMN AREA
DOG RUN TO BE COMPLETED IN THE SPRING
OFFICE AREAS PAINTED
MAINTENANCE AREA REORGANIZED
NEW GENERATOR INSTALLED BY WELL HOUSE #3

WIRELESS INTERNET IS AVAILABLE IN THE CLUBHOUSE.

GO TO WWW.WNEP.COM FOR THE LATEST WEATHER INFO.

911 SIGNS HAVE BEEN SENT TO THE OFFICE. IF YOU PLACED YOUR ORDER BEFORE SEPT, AND HAVEN'T RECEIVED A CALL FOR YOUR SIGNS, THEY MIGHT BE AT THE OFFICE. EITHER STOP BY OR CALL 570-686-2800 TO SEE IF YOUR SIGN IS HERE. THESE SIGNS ARE A REQUIREMENT BY THE PIKE COUNTY 911 SYSTEM, SO YOU MUST OBTAIN A SIGN FOR YOUR PROPERTY.

LAUNDRY ROOM INFORMATION

IF YOUR CARD DOES NOT WORK, YOU MUST CALL THE COMPANY SO THEY CAN REIMBURSE YOU. ONE IMPORTANT TIP---DO NOT PUT THE CARD IN YOUR POCKET WITHOUT FIRST PUTTING IT IN A SLEEVE BECAUSE THE LITTLE GOLD PIECE IS MAGNETIZED. THE COMPANY TELLS ME THAT IF YOU HAVE A PROBLEM WITH THE CARD, RUB THE GOLD PIECE WITH A TISSUE.

IF MACHINES ARE OUT OF ORDER, THE OFFICE WILL BE MORE THAN HAPPY TO CALL THE COMPANY TO MAKE REPAIRS.

REMINDER - PERMITS FOR IMPROVEMENTS WILL NOT BE ALLLOWED UNTIL THE NCU PERMIT IS COMPLETED.

PERMIT CHANGES

In an effort to maintain accurate records in your file, and help the Compliance Officer be aware of ANY improvements to your lot, you are REQUIRED to obtain a LAKE ADVENTURE PERMIT BEFORE obtaining a Permit with the Township for the following:

THIS WILL ALSO ALLOW SECURITY TO KNOW WHO IS GOING TO YOUR LOT AND THEY WILL LET THE CONTRACTOR IN.

DECK

PLATFORM (only if raised off the ground)

GAZEBO

SCREEN HOUSE

LAKE ADVENTURE STRONGLY RECOMMENDS THAT YOU HAVE A SURVEY COMPLETED ON YOUR PROPERTY.

Tarps can be placed on your trailer as of October 15th, 2008, and must be removed by May 31st of each year.

New Electric (50amp service) has been completed in the areas of Forest Glen and Blue Aspen.

ELECTRIC UPGRADES ARE COMPLETE ON BIG BASS!

THE FOLLOWING IS A LIST OF RATES FOR WORK IN LACA:

HYDRANT & INSTALLATION - $300.00

PUMP & INSTALLATION - $600.00

WATER LINES - $400.00

LATERAL CLEAN OUT - $100.00

CULVERT (20FT) & INSTALLATION - 10"-$240.00, 12" - $265.00, 15" - $300.00