THERE IS AN ERROR IN THE ADVENTURER.
FIRST LOT OWNERS PAYING IN FULL GET A DISCOUNT IN THE AMOUNT OF $87.50, MAKING THE NEW TOTAL DUE
$1662.50
SORRY FOR THE ERROR.
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)
The Nomination Application for the Board of Directors is available by clicking on Documents. More info is on the Board of Directors page.
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:
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 1st, @ 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 15th @ 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 15th.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
