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COUNTY SUllDIVISION/LANO DEVELOPHEN'l' I\EVXEW REPORT
Hun1c1pal1ty
Plat '1'1tle
CAm~"Hi.ll B~ro\l(!hJt.ow~r AllIIn Town!lhin
ADM Millinn C~mn&nv. LDP
surveyor G@~rnA Aken!l
Pre11m1nary ___ F1nal -K F1nal (Minor subd1viaion)
Zon1nq D1.tr1ct Lioht Industrisl
Enq1neer AXen!l En~ine8rina
Land Use Industrial
Requlat1ons: Municipal
County
Date Received 3/20/96
x
Zoninq --l--Acreaqe: subd1v1ded
SALD X Number of Lots 1
Staff! Review 3/25/96 Off1cial
Total
Dwell1nq Units
County Review
14.18
-2-
4/18/96
( )
( X )
( )
Plat appear. to comply with applicable requlations.
Plat appears to qenerally comply with applicable requlationsi
required, as indicated.
plat appears to need substantial revis1on, as indicated.
revisions may be
Reviewed by ~ Checked by JRZ
Review comments with cited ordinance provisions are based on municipal regulations on file
with the County Planning Commission.
1. When applicable, streets, sewer, water, storm drainaqe, and other infrastructure
elements to be verified as adequate by municipal staff/enqineer.
2. When applicable, zoninq compliance to be verified by Municipal Zoninq Officer.
3. Appropriate sewaqe module component should be processed prior to final plat
approval.
4. Final plats must be recorded within 90 days of approval.
5. Stormwater calculations and plans should be reviewed by the BOrouqh enqineer.
6. The siqnature box for Lower Allen Board of Commissioners should read president and
secretary.
7. All new utilities (i.e. sewer, water, storm drains, and any overhead utilities)
should include easements.
8. The proposed macadam pavinq located north of the stora~e tanks (on the eastern
part10n of the plan) over lays rail lines and a concrete pad. All structures to be
removed should be noted.
9. Park1nq data is not shown on the plan. One space for each 2 employees or at least
25' of the total floor area of the buildinqs should be desiqnated for parkinq.
10. Future sewaqe flow should be calculated and it should be determined if a sewaqe
module update.is needed.
.-,-
11. Future noise, traffic and improvements to parkinq and roadways should be reviewed by
the Borouqh and Developer.
Pial SpecUic:llion3:
. ~
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NOI
Yes No ADD.
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1. Name of Drooosed Subdi.,blon/1and develonmenl shown
2. Owner/develoDer n;une. :uldreu. & cclcehone number shown
3. Munic:ic-:JJley-narae shown
4. North ooine sho....""
5. MaD Sc:JJe shown
6. Dale of elan DreOar:ltion shown
7. Certification bv survevor/enaL1eer shown
8. Location mOle shown
9. ProDertY mOle Cbe:uinIlS. diSl:1llces. area. nrimarv concrol noine) shown
10. Name3 of adfacenl landowners shown
11. Names of aclf3.cenl subdi.,bions shown
12. Loe numbers shown
13. Loe dimensions shown
14. Lol are:1S 1hown
15. Pcrm:1l1Cnl monuments and markers shown
16. Buildinll: Sctbaclcs shown
17. Existinll: natural fearures shown
18. Contours at reouired interval shown
19. E:1Semcncs shown and identified
20. Existing m:1l!-made fcalllreS shown .
21. Existing scrcCts shown.
22. ProIlOSed. scrcccs shown .
B uiIdin l!:S
Storm Drainallc Facil.
Scwer Lincs
Water Lines
Name
RIW Widdt
Pavinll Widdt
Dcdicated R/'W'
Name
RIW Widdt
Pavinsr Widdt
Profiles
23. Curbs
24. Sidcwalks
25. Rccrcation area shown/fec in-licu-of erovided
26. Erosion and scdimcncation concrol ol:1l! shown
27. Storm drainal!:e DI:1l! Drovided
28. Waeer sUDolv shown: Dublic ( .vwcll () ,
29. TVllC of scwallc diSDOS:JJ shown: oublic (J{ on-lac ( )
30. SCWCl'JIlC module subrniClcd
31. Sc.uemcnc of ownershiD shown
32. Dcdic:lCorv seatemcnc shown
33. Owner's sillnacurc and notarization shown
34. Aooro.,:JJ blocks shown
35. lmcrovcmenc .Inlar:1l1tccs casted
36. PADOT Hil!hwav OCCUcancv Pc:rmit statement shown
37. Wetland areas delineacc:d
38. F1oo<1clain identified
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No. 96-89
COUNTY SUBDIVISION/LAND DEVELOPHENT REVIEW REPORT
Mun1c1pal1ty
Plat T1tle
Camn Hill
ACM Mill1n~ Comcanv
Surveyor
Preliminary ___ Final -X Final (M1nor Subd1vis10n)
Enq1neer Akeng En~ineerino
Zoninq District
Liaht Indu9~rlal
Land Use Industrial
Requlations: Mun1cipal
County
Date Rece1ved 3/20/96
Zon1nQ --X--AcreaQe: Subd1vided
S&LO x Number of Lots 7
Staff Review 3/22/96 Official
Total
Dwe1l1nq Units
County Review
14.18
x
-2-
4/18/96
(
(
( X
Plat appears to comply with applicable requlations.
Plat appears to Qenerally comply with app11cable requlations; revisions may be
r&;uired, as 1nd1cated.
Plat appears to need substantial rev1sion, as indicated.
Reviewed by ~ Checked by JRZ
Review comments with cited ordinance provisions are based on municipal regulations on file
with the County ~lanning Commission.
1. When applicable, streets, sewer, water, storm drainaqe, and other 1nfrastructure
elements to be ver1fied as adequate by municipal staff/enqineer.
2. When applicable, zoninq compliance to be verif1ed by Municipal Zoninq Off1cer.
3. Appropriate sewaqe module component should be processed prior to final plat
approval.
4. Final plats must be recorded within 90 days of approval.
5. In the Borouqh Council siqnature block the first siqnature should be for President
and second for secretary; and, the Lower Allen Townsh1p Board of Commissioners
siqnature block should read President and Secretary.
6. The Subdivision Plan should have sheet number one showinq the entire ADM millinq lot
with the locations of tracts No. 1 throuqh No. 7 included. Th1s is very important
for recordinq purposes as well as reviewinq.
7.
for each tract
Enqineer1nq
This subdivision plan needs clarification. Bear1nqs and distances
should be shown and bearinqs and distances for the proposed tract.
connection symbols should be used to join all the tracts.
8. Permanent concrete monument markers should be shown at the proposed lot corners.
9. All proposed utilities should show easements accordinq to Section 503 of the S&tD
Ordinance.
10. The actual cartway width of Spanqler Road should be noted on the plan.
Pial Sp~cUication3: . NOI
, Yes No ACD.
1. Namc of croDosed subdivision/1Ol/1d dcvelocmenl shown \/
2. Owner/develoDer n:une, :ufdreu. & celechone number shown \
3. Munlclo:1litv name shown .. v
4. North Ooinl shown ..
5. Mac sc:1le shown v
6. Dace of clOl/l OreD:lr3DOn shown ,,/
7. Certification by surveyor/enll'ineer shown \,/ V
8. Location a1ao shown ./ ioo"
9. PropertY maD /be:ui.nlls. distlnces. 3tea. primary control ooint) shown V
10. Namcs of adiacent 10000downers shown 1/.
11. Namcs of adiacenl subdivisions shown 1/
12. Lot numbers 3hown ./
13. Lol dimensions shown -1-.... 1.\ (J Fln_"-' J v
14. LoI3teas shown ./
15. PermOl/lent monuments and lll3tkers shown V'
16. Buildinll setbacks shown ./ --
17. ExisCnlt natural fearures shown V
18. COntours at reouired interval shown ./
19. Easelllents shown and identified A..........
20. Existinlllllan-made features shown _ Buildinlls ,,/
Stonn Drainalle Facil. 1/
Sewer Ilnes V '"
Water Ilnes t/
2:. ExisCnIl streccs shown- Name .0,/
R/W Width if
Pavinll Width "if
Dedicated R/W .,/
22. Proposed strectS shown . Namc \/
R/W Width
Pavinll Width
Profilcs
23. Curbs 0,/
24. Sidewalks v
25. Recreation area shownlfcc In-lieu-of provided 1/
26. Erosion and scdilllentation control clan shown v .
27. Scorm drainalle plan provided 0,/
28. Water suootv shown: public ( X well ( ) ./ V.
29. 'I'ype of scwalle dispos:1l shown: public ( -1' on-lot ( ) ../
30. Scweragc module subr..itted V
31. S catelllent of ownership shown 1/ ,
32. DedicatolV statemcnc shown V
33. Owner's signature Ol/Id nocarization shown v
34. ADDrov:1l blocks shown \/ J
35. [mprovement lru3tamees DOSted v /
36. PADOT Hiehway Occuoancv Pennit st;uement shown V
37. Wetland 3teas delineated V/
38. Aoodclain idcntified V
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Af;PLICATION FOR BUILDI
'33 nl.o3'
v I . 2 2. . c :>. Permit Number
Cumberland County I
Parcel Number . 2 2 .5 - q (.,
Dale Issued ~ Date Explrad
BOROUGH OF CAMP Hill
2201 MARKET STREET
CAMP Hill, PA 17011 (717) 737.3456
SECTION I. PROPERTY INFORMATION
P,operty owner
Owner'. addr...
Prop.rty location
Artl Mi 11 i ng r.n
11h N SAnta F~.
~p.nglPr Ilri
~ ~ P,lvala ownorlhlp
( ) Public own.ralIlp
Sa Ii na. KS
Zonlngdl.Ulc1L1qht Industry
(to b. .."fllIi by ZOI1lnl1 Officer)
SECTION II. TYPE OF IMPROVEMENT TO A BUILDING OR STRUCTURE
Grain & Finished Product Storage
..--
llO Now conll1uc1lon SlipfOn:l Concrete 50' x 80'
type 01 IU\.ICCUI' ...
) R.location 01
fVpealllr\.lCtUl' ...
) Addition to
rypeOllU\lCtUf' ....
) Alta,ation to
typeoll1NCtuf. type at lI*aIIOfl
...--
..--
plopoMd (nolt d\Ir9t n uN, If any)
Submll utility r.I..... Iorma
) D.molltion 0'
tvPe of 11Nd\;I. form" 10M
)Inalallation or all.,ation 01 aqulpm.nt r.gulalad by tha Building Coda
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) Rapalr or r.placam.nt ragulal.d by tha Builclng Cc~a
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SECTION III. IDENTIFICATION
chlte englnssr ..............,...................
phone no.
name
.,
Contracror!>) ..........................................
Applicant ................................................
Oala at application 7 - 3 0 - '1 ("
NOTE: Applk;ant certJflea Ihal the proposed work II autnorlzed by the owner of record, and lhal all worlc wUI conform 10 applicable lAws of lhII Commonwealth of
Pennsylvania and Ihe Borough of Camp Hdl. My matinal error, mIsstatement or misrepresentallon of fad. intentionaJ or olherwile, lhall cot1ltltute lutnClent grounds for
revocation of this permit
SECTION IV. VALIDATION
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X no-' I ...'\."'1(. I.,:,o..!" . $ - I'" \10 _'V"~ ~.....~.J.
~ t parmitcoSl .....::b
l' 5"1" OCO FaaPald ~
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A1la.cavallons (tanc., pool. foundollon) r.qulre a PA ONE CALL ,.eOO.242.1776, ~
24 hour notice required tor all Inspections.
A Zoning Permit for the described work and use Is hereby
s -'0 ,}",) fY10.
eonstructlon COSI
( I Not ,aqulred
9'> O,anled
) Rafu.ed
applicant not to write below this line
---------------------------------------
NOTE: Penn" not valid until lee paid. MV changes in Plan. require approval of U'Ie BUilding Department. Ravia;on In plana or deviationl from tne Italed collaltlmale may
require payment of an addillon&! permIt Ie.. Permit becomll VOId II wartc II nolatarted wntun !II. month. of dill. 1lIIued,
Parmllapprovad .!J13/~~ by ~'_ :5 K'..a....<-
Oal. \/. ulldlng InSPK10r Conltlucllon Type Use Group
Inspac1lons r.quir.d: ( /I Foundalions or FOOling. l)O FramIng 1'1.) Plumbing (Xl EI.c1r1cal rJ.) Final
NOTE: The conlraC1or mloll schedul. requlr.d in.pecllonl and flIC81.... BUilding Cep6rtmanl41pproval belora procollding wl1h IUDlequenl Itages
of conslruc1lon, New or relocaled buildings, aadlllona and changol in u.. reqUlt. ftnal approvallrom lhe Building Oepartmenl pnor 10 occupancy,
Comments:
Distribution: 1. Whit.: Building O.partmanl Copy. 2. Conaty: Applicant Copy. 3. Pink: As....O' Copy. 4, Oold: Offlca Fila Copy.
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Permit No:
WORKERS' COMPENSATION VERIFICATION
Pursuant to Act 44 Section 302
Contractor:
Address:
\La, In ~IQ\j!:-
20 (5' '". S.~.",i\o,
5~\" ~
t:\~M H~
N $......+... 1='... S.u,..,....
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(., ..""rJ CA~... t+y
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Phone ( )
Work Loc:atlon:
Property Owner:
Address: .311.
\.:::.S
c..~~p"-^t
Insurance Compsny.
Polley No.:
Contractor's Federal or State Employer Identification No.
Federal 42. -0, i /.1.01,
Slate
AFFIDAVIT OF EXEMPTION
WORKERS' COMPENSATION INSURANCE
do swear and affirm that all
work which Is proposed at
Camp Hili Borough, Cumberland County, Pennsylvania. will not Involve the hiring of person(s) to perform work
pursuant to the application for a Building Permit for the aforementioned location.
Date:
day of
19
Applicant
Witness
Notary:
, ACORD. :':~Rml~la,mS:.4N$URA'NG~'::" '. .....Cfd ..... '.," DATlIIIIlIIXI'IYl
..1', : 08'09'96
_Ill 11188U!ll All A MAlTIII TlON
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'.0. llI:Il 277 HOLDI!A. THIS Cl!ImPlCATIi DOli NOT AMl!ND.l!lmNll OR
2Ua Dakota AVGua A~ llIII 'nlll COVliRAGB AFFORDl!D IIV THII'ClIJCIEI BEllM.
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. July 18, 151516
Mr. Ed lCDlaeI
Bozgugh ofC&lllp Hill
2201 M.aIl:et StreeC
Camp mn. PCIIIIS)'lvIlIIa 17011
Projecl No. !l333'n4
SUBJECT: Mill ~~."w...
Camp Hill, PA
Dell'Mr. XDiUeI:
Per a pbcoa c:aMI3lllIol1 benveenII!lIDffi:r Riucr IIXI WaytlII Brock of ADM Dcslan Scniccs we lR mbmIttIDa
ID AppIlca1lDn far BulIdInIl PcImlt fur 0IIl' Flour MIll ExpamsiOl1 011 Spaaalcr Road lD Camp HII1.
Wewil1mi1ecurdrawiag:l1ll in<j;....... seoocd=ans ofegteaa fMm the !lec:oall. ThIrd an4F01II'Ihflool'll'.
of1hcBuIk Plant overlbe Ioad-our. All other areas Dime BOCAmicw mes with your approwL
In addIllon 1ll1bc appllcatlOl1 this I=:r Is III inAl"__ tIw 1ho pc:mdt 1I:es lie beIni 1'IlYlcMd 1br this lypa at
CXIlSllUClIDI1. Fee paymatt Is IlOl "'"~vIM plIIdlaa1ho Board'I reri.ew of the file _az the Auauaz meetiDS
of tho COIIIIdl
Onco this I5suc has been resoMd ADMMlllIDa wlIl subml1 paymml ofpermlt CQSlS.
.
sm~'1lWitL
DtlI We115 . Vice Presldel MalIu&clmiog
.ADM MllIInIl Co.
DW:csm
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~Od Y4 "1"1IH 4NYO 0"11'1 Nay'" "V"Z:IO~ "" '~IC '~O
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MINUTES
BOROUGH OF CAMP HILL PLANNING AND ZONING COMMISSION
APRIL 8. 1998
Present were: Thomas Hamm, Frederick Waldner, Donald Frultlger, Richard Gulden,
Commission Members; Robert Hartman, Borough Engineer; E.J. Knittel, Borough Manager;
Jennifer Risser, Administrative Assistant; Tina Fackler, TrI-County Planning Commission;
George Akens, Kim M~rray, Akens Englnearlng for ADM Milling; Bill Shlasaner, ADM Milling;
C.U. Maskerl; Charles Junkins for C.Maskerl.
Maskllrl Subdivision
Mr. Hamm called the meeting to order. Mr. Robert Hartman stated that the leaching tanks
shown on Mr. Maskerl's plan are not acceptable; he questioned whether the leaching tanks
were needed. He asked what would happen If the tanks overflow. Mr. Junkins stated that the
tanks would store rain from a 24 hour rainfall-for a storm of .19 per hour.
Mr. Hartman stated that he and Mr. Junkins could work together to find a solution to the
stormwater problem. Mr. Hartman further stated that the plan must show soil erosion control,
and should include a note which states that there are no wellands on Mr. Maskerl's lot.
Mr. Hamm requested that the signature blocks be changed to 1996, instead of 1994.
Mr. Waldner moved that the plan be approved contingent upon development of a stormwater
plan that is satisfactory to the Borough Engineer. The motion was seconded by Mr. Fruitiger.
Three members of the Planning Commission voted yes, while Dr.Gulden abstained.
ADM Millin a
Mr. Akens explained that instead of the original stormwater system (which drained into one
pond), the new plan shows stormwater drainage into two ponds. This revision was made for
reasons of cost.
Tina Fackler stated that she would like to have a master sheet that shows the entire area.
The plan as presented is difficult to understand. Mr. Akens stated that he would label the
various lots.
Mr. Hartman reported that he met with George Akens and the plan conforms to Camp HIli's
stormwater management ordinance. He sees no problem with the plan.
Mr. Hartman and Dr. Gulck" agreed that there are no problems with the setbacks. The other
bUildings on Spangler Road are built right up to the road. Mr. Hartman pointed outlhatlhere
321
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BOROUGH COUNCIL OF CAMP HILL
MINUTES OF REGULAR MEETING
APRIL 10, 1996 7:00 P.M.
AMERICAN LEGION BUILDING
CAMP HILL, PENNSYLVANIA
(0
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The meetlJlg was called to order by Council President Murren at '/:00 pm. Present
were:
William C. Forrey
Bea Kistler
Richard A. McBride
10hn 1. McKee
Philip 1. Murren
ChristlJle D. Rathbun
Also present were Bruce Z. McLanahan, Mayor, Edwllrd I. Knittel, Borough.
Manager, 1 elll1ifer Ruser, Administrative Assistant, Donn L. Snyder, Solicitor and Maronetta
F. Miller, Reporter.
Minutes of the meeting of March 13, 1996 were upon motion of Mr. Forrey,seconded
by Mr. McKee, unanimously approved.
BID OPENING
Bids were received and open for Phase II worle to be completed on the sanitary sewer
reconstruction. The following bids were received:
"'.Z~h?~t~r~\;qf;)~ ;~LTBRNAlifr:"
James E. $64,010.40
Mahoney
Gregory $56,401.00
Contractors
';,:':,<:":.,::~.,"; '~";-"::": ::-.'.' ;::'.:'_: ~;'::""'''':,.' :;:,~:,;;.<~:.; ~..;;",,"~';<::t;;.;; ;",'-';:<"'~':"(.~:';;~'>~h"';;
'Al.TER."lA 'rE' 2"ALTERNATE$i!y:!F()1"A!:)B~:,;
P'" ,., " ','" .... .... '., .... ..,' :..' '. ,., " _"., "..;, .,.... "'.....,*,
Rogele, Inc. $76,802.95
Mazzucca, $51,711.00
Enterprises
Diller $79,413.10
$72,970.50 $59,127.30 196,108.30
$63,874.00 $49,405.00 169,680,00
S81,024.50 $63,903.30 221,730.75
$67,711.00 $49,484.00 168,906.00
S95,696.OO . 74,199.90 249,309.00
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The apparent low bidder is ~(azzucca Enterprises. The bids will be reviewed by the
Borough Solicitor alld Borough Engineer for compliance. etc.
Mr. Forrey moved that Notice of Intent to Award the bid to the low bidder be approved by
Borough Council subject to approval from the Borough Solicitor alld Borough El1gineer.
The same was seconded by Mr. McKee and unanimously approved.
MANAGER' S REPORT
The Borough Manager reviewed and updated Council on numerous projects and
activities he is involved with ill the Borough. An outline of the same is made part of these
minutes.
MAYOR' S REPORT
The Police Report for the month of March was distributed alld made part of the
minutes. The Mayor reported that he and the Chief of Police i.o.!lpected the Borough Park
recently and requested that notice be posted on the grandstand area as POrtlollS are unsafe.
The Mayor lWO requested the Borough Manager inspect the area and see that repairs are
made were needed.
VISITORS
President Murren acknowledged visitors present. A list of those in attel1dallce and
who signed the register is at:ached to these minutes and made a part hereof.
Several long-time residents were present to express their concern over the proposal
by PennDOT to widen 21st Street. Several suggestions were made by the residents,
including directing the traffic out onto Center Street to WertzVille Road or out onto Erford
Road since there are no residential homes that would be affected by the backup. There was
concern that East Pennsboro would reap benefits and all residents were ill agreement that
it should come up with a solution to the traffic problem. There was concern about elderly
and/ or llliabled penollS getting off local buses to go to the rehab center off of 21st Street.
Several residents stated that they have to go out many times a stop traffic to assist these
persons in crossing the so-eet. Residents questioned the Borough-Solicitor as to what rights
they have in an eminent domain proceedings. President Murren thanked all for attending
and stated the matter will be discussed during the business portion of the meeting.
Mr. William Bottonari was present to keep Council up to date on his contacts with
PUC. Mr. reported that Pa. American Water Company has requested allother increase of
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th,: PUC. It is asking permission to assess ,:ach water bill one percent to replace pipes. It
is his undemanding the Consumer Advocate Office will challenge it. No hearings have been
scheduled to date, Mr. Bottonari also addressed to proposed ordinance relattlg to curfew
in the Borough. He feels holding merchants responsible for loitering after hours Is nOt
proper.
Ms. Seaton, of the PenllSylvania Legislative Animal Network, was prese:lt to request
c003ideration of Counci! to extend the length of time a dog barks which would be
cODsldered a nuisance.
GeNERAL GOVERNMENT
Mr. Forrey lntroduced Christine Suran, CPA, who presented the 1995 audit in deta.l1
for Council.
Mr. Forrey moved to approve the curfew ordinance as advertised. The same was
seconded by Mr. McBride. Chief Ammons informed Council that he had visited the three
establishments in town that this ordinance will have an impact on and explained the lntent
or the ordinance and assured them that no notice of violation would be issued \1oithout tlIe
Chiefs personal cOllSulcatlon. He said they understand the intent and welcome the
ordinance. Chief AmmollS received no negative co=ents from Roberto's, Sheetz or
Friendly's Restaurant. Arrangements have been made with School to have an assembly and
present the specifics of the ordlnance to the students and an article will be printed in the
newsletter. The motion as presented was unanimously approved by pollillg Council
Members present.
Mr. Forrey moved the adoption of the duly advertised ordinance amending Chapter
71 of the Borough Code relating to animals and disturbance of the peace. The same was
seconded by Mr. McKee. Chief Ammons reviewed his conversation with Ms. Seaton, the
representative of the Pennsylvania Legislative Animal Network. Chief AmmollS noted that
the Borough Is using model ordinance concept and that there are warnings built in to the
ordinance. The ordinance as presented was approved by polliog Council Members present.
Correspondence from Capitol Region Chamber of Commerce announcing its
Regional Busiuess Conference was distributed. Upon motion of Mr. Forrey, seconded by
Mrs. Kistler, Council unanimously approved the cost to attend the Conference for all
Council Members, the Mayor, Borough Manager and Borough Solicitor.
Mr. Forrey announced that the West Shore Library has requested proposals from
municipalities for a new location. Camp HlII, Lemoyoe and East Pennsboro municipalities
have submitted proposals to date. Camp Hill's proposal was for property at the end of22nd
Street on the Fiala Tract to 24th Street and it was indicated the Borough would take care
of snow plowing and grass mowing and waive building permit fees. Mrs. IWtlercommended
.
,
the Borough Manager for the proposal presented. The Borough Manager also mended his
thalllcs to Thomas PIllion of Hartman and Associates and Bink and Associates for their
i./lput.
Upon motion of Mr. FOr.'ey, seconded b>' ~{r. McKee, vouchers tOtaling 5122,630.63
were unanimolUly approved. Also, construction vouchers totaling 5286,335.67, were upon
motion duly made and seconded, unanimously approved.
PUBLIC SAFETY
Mr. McBride dutributed copies o( the Fire Company Report (or the month of March.
1996 was jlUt received, the same is made part or the minutes. Copies will be mailed to all
Couacil Members. The financial illformation will be distributed at next month's meeting.
The Fire Company will be burning Fiala building on April 27, 1996,
PLANNING AND ZONING
The Building Report for the month of March. 1996 was distributed and is made part
o( these minutes. The Borough Manager presented proposed plans (or ADM Milling (or
subdivision. The plan has been presented and approved by Borough Engineers. the
Cumberland. County Planning Commission and the Camp Hill Planning COlllll1Wion.
George W. Akens. Engineer and William Schlesener..General Manager o( ADM Milling
were present to disclW the proposed plan. The plan combiaes seven parcels into one
ownership. provides storm. water management. and the construction o( an additional (acility
to reduce noise and air pollution. Mrs. Kistler moved that the plan as presented be
approved, The same was secoaded by Mrs. Rathbun and unanimolUlyapproved.
PARKS AND RECREATION COMMITTEE
Mrs. Rathbun distributed copies of Parks and Recreation report. which is made part
o( the minutes. Music in the Park will be held May S. 1996 with bagpipers playing. The
Memorial Day Parade is moving along. Upon motion o( Mrs. Rathbun, seconded by Mr.
McBride, the Borough Manager was directed to request Market Street be closed (or the
festivities and to coordinate same with the Chief of Police. The motion wa.s unlll1imously
approved.
The Borough Manager reported that a Pool Manager has beea hired: Ms. I en
Myers who had worked previolUly at the Camp Hill Pool. She graduated with BS. ia
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aquatic programs. Mr. Michael Bach. who previously coached a swim team in Dover.
Delaware, and currently teaches ill the greater Ha....risburg area, has been hired as Assistant
Pool Manager.
HEALTH AND SANITATION COMMITTEE
Copies of the dally sewer flow reports for the month were distributed and disclU3ed.
Thomas Pillion of Hartman and Auociations stated that Rogele hlU beennotiiied to repair
the roads that have been damaged as a result of construction. The sewer coaaection for the
new facility was completed today. Additional televised areas have been completed from
24th to 30th Streets, the northern portion of those roads tributary to the by-pass. He stated
that some additional areas need to be televised. President Murren stated that since the
engineer's estimate of the Phase II project is $80,000 over the low bidder, perl1aps additional
work should be bid. Mr. Pillion suggested that it may be more advantageous to add the
$80,000 to a larger project or gear the funds toward emergency projects, or for remediation
of the sump pump drain projects. A plan for inspection of Borough properties is to be
developed by Mr. Pillion and the Borough Manager to be presented to Council.
The Borough Solicitor was requested to research whether the Borough can through
means of an assessment or periodic installment payments, subsidize the cost of remediation
of sum pump drains for homeowners.
Correspondence dated April 3 1996 from the Lemoyne Sewer Authority was
distributed. Council had requested representation on the Authority. However, the Authority
responded rejecting the request. The Solicitor informed Council that this is not a joint
authority. There Is a grammatic error ~ the Municipalities Authority Act relating to
representation. Only one non-resident is permitted on the Board and Lemoyne Authority
has elected to have a representative from Wormleysburg. The Borough Manager was
requested to obtain as much financial information from the Authority as possible. The
Borough Solicitor was requested to check corporate records to determine the exact status
of the Authority.
PUBLIC WORKS
Mr. McKee presented the Monthly Report which was distributed and is made part
of these minutes. President Murren reported that there was a meeting wit.'1 PeaaDOT
officials, the Planning Commission and another meeting with Borough residents to disclUs
the proposed expansion of North 21st Street. PennDOT is proposing to make [\110 left turn
lanes eastbound on Rts. 11/15 (rom 21st Street back to Willow Avenue: from Willow
Avenue to North 25th would be oce lane, It proposes to close the left turn entl":lllce into
the Borough Park. On North 21st Street, on the south side, it will widen the road to twO
full lanes to make right turn on red, on North 21st it wants to widen the road to five
lanes _ twO northbound, twO southbound ....ith a left turn lane In the middle do....u to Center
Street. Most of the land taking will be on the East Pennsboro side or North 21st Street.
Discussion ensued about saving the trees. President Murren is very concerned about the
safety of the resideClts and the ability of the residents to go in and out of driveways as most
of tile homes do not have rurn arounds in their driveway. He does not believe sufficient
attention has been paid by PellllDOT to the residents in that area. When he brought this
matter to the attention or PellllDOT officials it was dealt with rather dismisslvely. Mr.
McKee suggested leaving the Camp Hill side of North 21 Street exactly the way it is just put
four lanes in, two northbound and twO southbou.nd and talce all land on East PenllSboro
side. President Murren noted that Peo..nDOT i.nsists on having a center lane.
Mr. McBride questioned what the Borough has to gain by having this project
completed. President Murren stated that this project was presented to Borough as an
adjUIlct to a traffic signal upgrade that is federally funded. The traffic signal:l are located
at the By-pass from Boscov's up length of the By-pass. It appeared that the Borough was
being forced into acquiescing to this or not having the upgrade completed. Current
regulations require that Ii the signals fall below highway standards, the Borough as the
owner could be compelled to incur the expense to upgrade them, which is about 5700,000.
PennDOT is inferring that if we agree to the proposed project they will take care of signals
for the Borough.
The Mayor asked Ii contact was made with local government officials and President
Murren stated that contact was made with Representative Vance and Senator Mowery. The
Mayor suggested additional contacts be made to see if Senator Mowery or Representative
Vance could assist the Borough.
It was agreed by all concerned that the traffic relief which could be expected from
the proposal would be minlmal at best. and that the dislocation of residents'lives would be
significant. Mr. McBride stated that sufficient opposition from residents has been expressed.
Mr. McBride moved to direct the Borough Manager notify PennDOT of Its unwillingness
to accept plan proposed which includes widening North 21st Street, eliminating the left turn
to the Borough Park and request an alternative plan be presented for consideration. Mrs.
Kistler seconded the motion which was unanimously approved.
OLD BUSINESS
There was no Old Business to report.
327
..
,
NEW BUSINESS
There was no New BIUUless to report.
ADJOURNMENT
~ There belag no turther busl.ness to come before Council, the meeting adjourned at
('t) 10:45 p.m.
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IN THE COURT OF COMMON PLEAS OF
EXEL LOGISTICS, INC.
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
BOROOGH OF CAMP HILL
NO. 96-5950
CIVIL Tem
WRIT OF CERTIORARI
COMMONWEALTH OF PENNSYLVANIA)
S5.
COUNTY
OF
CUMBERLAND)
TO: Borough of Camp Hill
We, being willing for certain reasons, to have certified a certain action
between EKel Logistics, Inc. VS. Borouqh of Camp Hill
pending before you, do command ynu that the record of the action aforesaid with
all things concerning said action, shall be certified and sent to our judges of
our Court of Common Pleas at Carlisle, within 20
days of the date hereof,
together with this writ: so that we may further cause to be done that which ought
to be done according to the laws and Constitution of this Commonwealth.
WITNESS, the Honorable Harold E. Sheely, P.J.
our said Court, at Carlisle, Pa., the 30th day of
.1922-,
October
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EXEL LOGISTICS, INC.,
Appellant
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. q,,- S"'lS-o ~.,~
CIVIL ACTION - LAW
BOROUGH OF CAMP HILL.
Appellee
NOTIC.E OF I.AND IISE APPEAl.
AND NOW, comes Exel Logistics, Inc., by and through its attorneys, MARTS ON,
DEARDORFF, WILLIAMS & OTTO, and appeals from the decision of the Borough Council of
Camp Hill Borough. Cumberland County, Pennsylvania granting approval of a land development
plan and in support thereof, avers as follows:
I. Exel Logistics. Inc. ("Exel"). Appellant herein, is a corporation with offices located
at 260 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Appellee is the Borough Council of Camp Hill Borough ( the "Council"), the
governing body of the municipality of Camp Hill Borough. Cumberland County, Pennsylvania, with
offices at 2145 Walnut Street, Camp Hill, Pennsylvania 170 II.
3. Exel is the fee owner of real estate ( the "Exel Property") primarily situated in Camp
Hill Borough and which has a mailing address of Spangler Road, Camp Hill, P A 170 II. The Exel
Property includes fee ownership of that certain strip of land upon which exists the private street
known as Spangler Road.
4. ADM Milling Company ("ADM") is the fee owner 01' tenant of real property (the
"ADM Property") which is also situated primarily in Camp Hill Borough.
5. The ADM Property is adjacent to the Exel Property, the relevant parts of both being
situated in Camp Hill Borough and zoned as Light-Industrial under the Camp Hill Borough Zoning
Ordinance.
6. In or about the month of May 1996, the Council approved a Land Development Plan
(the "Plan") submitted by ADM for the ADM Property.
7. It is believed and, therefore averred, that the Plan proposed construction in violation
of the Camp Hill Borough Subdivision and Land Development Ordinance (the "Subdivision and
'"
Land Development Ordinance") and the Camp Hill Borough Zoning Ordinance (the "Zoning Ordinance").
8. The Council's action in approving the Plan was arbitrary, capricious, an abuse of
discretion and contrary to the law in that the development proposed violates the fifty-foot setback
requirement of the Zoning Ordinance ~200-68.
9. Section 200-68(0) of the Zoning Ordinance states as follows: "Front Yard. There
shall be a front yard on each street on which a lot abuts, which shall be not less than fifty (SO) feet
in depth from the street."
10. Exel first had reason to believe that ADM was building within the ADM Property
setback lines on October 17, i 996, by visual inspection.
II. Exel, despite several attempts, has been unable to procure more specific information
as to the date said plan was approved or copies of the Plan from the offices of Camp Hill Borough,
allegedly due to a recent relncation of Borough offices.
12. The Plan was never filed for recording with the Office of the Recorder of Deeds of
Cumberland County, as required by law.
13. In order to be permitted to build within the setback areas, ADM would have been
required to seek a variance from the Camp Hill Borough Zoning Hearing Board, a process that
provides for public notice and hearing.
14. ADM did not seek a variance for construction within the setback area of the ADM
Property and none was granted.
IS. Exel believes, and therefore avers, that ADM and or its agents may have negligently,
fraudulently, or otherwise misled Council with regard to the setback lines on said Plan in order to
have the Plan approved without obtaining a variance.
16. In failing to seek a variance as required, ADM circumvented the public notice and
hearing process and denied Exel and others an opportunity to be heard, as well as circumventing its
burden to establish the requirements necessary for a variance.
WHEREFORE, Exel Logistics, Inc. requests that this Honorable Court reverse the above
cited action of the Borough Council of the Borough of Camp Hill, direct that the land development
plan which is the subject of this appeal be denied, and direct said Borough Council to take all action
necessary to prevent construction within the required setbacks from continuing.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
By L \ ~Q,,--II
Stephen L. Bloom, Esquire l.\
W. Darren Powell, Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Appellant Exel Logistics, Inc.
Date October 30, 1996
VERIFICATION
Marlin Wood who is Director of Exel Logistics, Inc. and acknowledges that he has the
authority to execute this Verification in behalf of Exel Logistics, Inc. certifies that the foregoing
Notice of Land Use Appeal is based upon information which has been gathered by my counsel in
the preparation of the lawsuit. The language of this Notice of Land Use Appeal is that of counsel
and not my own. I have read the document and to the extent that the Notice of Land Use Appeal
is based upon information which I have given to my counsel, it is true and correct to the best ormy
knowledge, information and belief. To the extent that the content of the Notice of Land Use Appeal
is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
EXEL LOGISTICS, INC.
~l~t.J~
Marlin Wood Director
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-5950
: CIVIL ACTION - LAW
EXCEL LOGISTICS, INC,
Appellant
BOROUGH OF CAMP HILL,
Appellee
ADM MILLING COMPANY,
Intervenor
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the following appearances on behalf of ADM Milling Company in the
above-referenced case:
Charh:s E. Zaleski, Esquire
Supreme Ct, I.D. #18043
Eckert Seamans Cherin & Mellott
213 Market Street
Harrisburg, PA 17101
Jack M. Hartman. Esquire
Supreme Ct, 1.0. #21902
David C, Miller, Esquire
Supreme Ct. 1.0. #36504
Hartman & Miller, P.C,
One Keystone Plaza, Suite 107
Front and Market Streets
Harrisburg, P A 17101
ECKERT SEAMANS CHERIN & MELLOTT
~rf.. Z~.
Charles E. Zaleski, Esquire
Supreme Ct. I.D. #18043
One South Market Square Building
213 Market Slreet
Harrisburg, P A 1710 I
(717) 237-6000
DATED: November I, 1996
Attorneys for Intervenor
ADM Milling Company
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EXCEL LOGISTICS, INC.
Appellant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 96-5950
: CIVIL ACTION - LAW
BOROUGH OF CAMP HILL,
Appellee
ADM MILLING COMPANY,
Intervenor
CERTIFICATE OF SERVICE
I, CHARLES E. ZALESKI, hereby certify that on the ~ day of November,
1996, a true and correct copy of the foregoing Entry of Appearance was sent by first class
mail, postage prepaid, to the following:
Borough Council of Camp Hill
c/o Mr. Edward J. Knittel
Borough Manager
Borough of Camp Hill
2145 Walnut Street
Camp Hill, PA 17011
Stephen L. Bloom. Esquire
W. Darren Powell, Esquire
Martson, Deardorff, Williams & Olto
Ten East High Street
Carlisle, PA 17013
c4{L ~,~'
CHARLES E. ZALESKI
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EXCEL LOGISTICS, INC.
Appellant
: IN THE COURT OF COMMON PLEAS Of'
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-5950
: CIVIL ACTION - LAW
v.
BOROUGH OF CAMP HILL,
Appellee
ADM Milling Company,
Intervenor
CERTIFICATE OF SERVICE
I, CHARLES E. ZALESKI, hereby certify that a true and correct copy of the
foregoing Notice of Intervention was served on the following counsel of record by deposil in
the United States mail, first class postage prepaid, this /~ay Of~/..,.e~ . 1996.
Borough Council of Camp Hill
c/o Mr. Edward J. Knittel
Borough Manager
Borough of Camp Hill
2145 Walnut Street
Camp Hill, PA 17011
Stephen L. B100111, Esquire
W. Darren Powell, Esquire
Martson, Deardorff, Williams & Ouo
Ten East High Street
Carlisle, PA 17013
~~~.
. ARLES E. ZALESKI
1061011.I
.
EXCEL LOGISTICS, INC'J
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLANDCOUNTYJ PENNSYLVANIA
v.
CIVIL ACTION - LAW
BOROUGH OF CAMP HILLJ
Respondent
v.
ADM MILLING COMPANY,
Intervenor
NO. 96-5950 CIVIL TERM
ORDER OF COURT
AND NOWJ this bt day of November, 1996J upon consideration
of Petitioner's Petition for StaYJ a RULE is issued upon Respondent
and Intervenor to show causeJ if any they have, why the relief
requested should not be granted.'
RULE RETURNABLE within 15 days of the date of this Order.
BY THE COURT,
Stephen L. BloomJ Esq.
W. Darren PowellJ Esq.
Ten Bast High Street
CarlisleJ PA 17013
Attorneys for Petitioner
Donn SnyderJ Esq.
315 North Front Street
HarrisburgJ PA 17101
Attorney for Respondent
Charles E. ZaleskiJ Esq.
One South Market Square Building
213 Market Street
HarrisburgJ PA 17101
Attorney for Intervenor
Borough Council of Camp Hill
Mr. Edward J. Knittel
2145 Walnut Street
Camp HillJ PA 17011
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EXEL LOGISTICS, INC.,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO
CIVIL ACTION - LAW
BOROUGH OF CAMP HILL.
Respondent
PETITION FOR STAY
AND NOW, comes Exel Logistics. Inc., by and through its attorneys, MARTSON,
DEARDORFF, WILLIAMS & OTTO. and petitions this Honorable Court for a stay and in support
thereof, avers as follows:
I. Exel Logistics, Inc. ("Exel"), Petitioner herein, is a corporation with offices located
at 260 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Respondent is the Borough of Camp Hill (the "Borough"), a municipality with
offices at 2145 Walnut Street. Camp Hill, Cumberland County, Pennsylvania 1701 I.
3. Simultaneously with the filing of this Petition, Exel filed a Land Use Appeal to the
above captioned docket, a copy of which is both auached hereto as Exhibit" A" and incorporated
herein by reference as though set forth at length.
4. In said Land U~e Appeal Exel seeks judicial review of the Borough's decision
approving a Land Development Plan (the "Plan") submiued by ADM Milling Compeny ("ADM")
for the property adjacent to Petitioner's Spangler Road facility. It is believed, and therefore averred,
that the Plan provides for construction in violation of the setback areas required by the Borough's
Zoning Ordinance.
5. The Plan should not have been approved as ADM would have been required to obtain
a variance from the Camp Hill Borough Zoning Hearing Board in order to be permiued to construct
within the setback areas, which variance it did not obtain.
6. Pursuant to the Plan, ADM is constructing improvements on its Spangler Road
facility in violation of the setback requirements of ~200.68 of the Borough Zoning Ordinance.
7. It is believed, and therefore averred. that ADM or its agents negligently or otherwise
misled Camp Hill Borough officials as to the setback requirements in order to have the Plan
approved without obtaining a variance,
8. A variance requires public notice and hearing. which was not provided for in the
present maller,
. .
9. During the pendency of the Land Use Appeal, construction at the ADM property as
proposed in the Plan should be stayed.
10. Petitioner's Land Use Appeal is meritorious and Petitioner is likely to prevail on the
Land Use Appeal.
II. Petitioner will suffer irreparable injury should ADM be permitted to continue
construction in violation of the setback requirements,
12. The issuance of a stay of construction would not adversely affect the public, as it is
in the public interest that all construction be performed in accordance with the Borough Zoning
Ordinance.
13. Petitioner has acted with good faith, clean hands, and due diligence in filing the Land
Use Appeal.
14. ADM's construction violation of the zoning ordinance adversely impacts the safe use
and enjoyment by Exel of its Spangler Road Property.
15. In addition to tiling the Land Use Appeal, Exel has tiled an appeal to the Borough
Zoning Hearing Board ("ZHB Appeal") from the issuance of a building permit to ADM. A copy
of said ZHB Appeal is attached hereto as Exhibit "B".
16. Under the Municipalities Planing Code ("MPC") ~915.1, 53 P.S. ~10915.I, upon
filing of the ZHB Appeal, all land development and construction shall be stayed during the pendency
of the appeal, except where the appropriate official certifies to the Borough Zoning Hearing Board
that the stay would cause imminent peril to life or property.
17. A stay during the present ZHB Appeal would not cause imminent peril to life or
property and Petitioner is unaware of any appropriate entity that has certified to the Borough Zoning
Hearing Board otherwise.
18. Petitioner believes and therefore avers that the Borough Zoning Officer is likely not
to act to effectuate the immediate stay mandated by MPC ~915.1 and, therefore, is likely to permit
construction to r.ontinue in violation of the Borough Zoning Ordinance and said MPC provision.
19. The stay mandated by MPC ~915. I is not discretionary.
20, The Borough Zoning Officer should issue to ADM a cease and desist notice requiring
it to stay all construction during the pendency of the ZHB Appeal.
WHEREFORE, Exel Logistics. Inc., respectfully requests that this Honorable Court find that
a stay should be issued and enter an Order directing ADM Milling Company to stay all constructiun
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Respectfully submitted,
MARTSON,DEARDORF
ILLIAMS & OTTO
contemplated or proposed under the aforesaid Land Development Plan and also directing the
Borough of Camp Hill to ensure that the Borough Zoning Officer complies with the Municipalities
Planning Code ~91 5.1 by issuing a cease and desist notice to ADM Milling Company.
By
Stephen L. loom, Esquire
W. Darren Powell, Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Petitioner Exel Logistics, Inc.
Date October 30, 1996
exhibit A
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EXEL LOGISTICS. INC..
Appellant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
v.
NO,
CIVIL ACTION - LAW
BOROUGH OF CAMP HILL.
Appellee
NOTIC.E OF LAND USE APPEAL
AND NOW. comes Exel Logistics. Inc.. by and through its attomey~. MARTSON.
DEARDORFF. WILLIAMS & OTTO. and appeals from the decision of the Borough Council of
Camp Hill Borough. Cumberland COllnty. Pennsylvania granting approval of a land development
plan and in support thereof. avers as follows:
I. Exel Logistics. Inc. ("Exel"), Appellant herein. is a corporation with offices located
at 260 Salem Church Road. Mechanicsburg, Cumberland County, Pennsylvania.
2. The Appellee is the Borough Council of Camp Hill Borough ( the "Council"), the
governing body of the municipality of Camp Hill Borough, Cumberland County, PeMsylvanill, with
offices at 2145 Walnut Street. Camp Hill. Pennsylvania 17011.
3. Exel is the fee owner of real estate ( the "Exel Property") primarily situated in Camp
Hill Borough and which has a mailing address of Spangler Road. Camp Hill, PA 1701:' The Exel
Property inc:ludes fee ownership of that certain strip of land upon which exists the private street
known as Spangler Road,
4. ADM Milling Company ("ADM") is the fee owner or tenant of real property (the
"ADM Property") which is also situated primarily in Camp Hill Borough.
5. The ADM Property is adjacent to the Exel Property. the relevant parts of both being
situated in Camp Hill Borough and zoned as Light-Industrial under the Camp .Hill Borough Zoning
Ordinance.
6. In or about the month of May 1996. the Council approved a Land Development Plan
(the "Plan") submitted by ADM for the ADM Property,
7. It is believed and. therefore averred. that the Plan proposed construction in violation
of the Camp Hill Borough Subdivision and Land Development Ordinance (the "Subdivision and
EXHIBIT "A"
Land Development Ordinance") and the Camp HiD Borough Zoning Ordinance (the "Zoning Ordinance").
8. The Council's action in approving the Plan was arbitrary, capricious, an abuse of
discretion and contrary to the law in that the development proposed violates the fifty-foot setback
requirement of the Zoning Ordinance 9200-68.
9. Section 200-68(D) of the Zoning Ordinance states as follows: "Front Yard. There
shall be a front yard on each street on which a lot abuts, which shall be not less than fifty (50) feet
in depth from the street."
10. Exel first had reason to believe that ADM was building within the ADM Property
setback lines on October 17, 1996, by visual inspection.
II. Exel. despite several attempts, has been unable to procure more specific information
as to lhe date said plan was approved or copies of the Plan from the offices of Camp Hill Borough,
allegedly due to a recent relocation of Borough offices.
12. The Plan was never filed for recording with the Office of the Recorder of Deeds of
Cumberland County. as required by law.
13. In order to be permitted to build within the setback areas. ADM would have been
required to seek a variance from the Camp Hill Borough Zoning Hearing Board, a process that
provides for public notice and hearing.
14. ADM did not seek a variance for construction within the setback area of the ADM
Property and none was granted.
15. Exel believes. and lherefore avers, that ADM and or its agents may have negligently,
fraudulently, or otherwise misled Council with regard to the setback lines un said Plan in order to
have the Plan approved without obtaining a variance.
16. In failing to seek a variance as required, ADM circumvented the public notice and
hearing process and denied Exeland others an opportunity to be heard, as well as circumventing its
burden to establish the requirements necessary for a variance.
WHEREFORE, Exel Logistics, Inc. requests that this Honorable Court reverse the above
cited action of the Borough Council of the Borough of Camp Hill, direct that the land development
plan which is the subject of this appeal be denied, and direct said Borough Council to take all action
necessary to prevent construction within the required setbacks from continuing.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
By L\ ~QL-II
Stephen L. Bloom, Esquire l\
W. Darren Powell, Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Appellant Exel Logistics, Inc.
Date October 30, 1996
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Marlin Wood Director
VERIFICATION
Marlin Wood who is Director of Exel Logistics, Inc. and acknowledges that he has the
authority to execute this Verification in behalf of Exel Logistics, Inc. certifies that the foregoing
Notice of Land Use Appeal is based upon information which has been gathered by my counsel in
the preparation of the lawsuit. The language of this Notice of Land Use Appeal is that of counsel
and not my own. I have read the document and to the extent that the Notice of Land Use Appeal
is based upon information which I have given to my counsel, it is true and correct to the best of my
knowledge, information and belief. To the extent that the content of the Notice of Land Use Appeal
is that of counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
EXEL LOGISTICS, INC.
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C.F.RTrFICATF. OF SERVICE
1 hereby cenuy that a copy of the foregoing Notice of Land Use Appeal was served this date
by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Mr. Craig Hamlin, President
Milling Division
Archer Daniel Midland Company
P.O. Box 7007
Shawnee Mission, KS 66207
Borough Council of Camp Hill
clo Mr. Edward 1. Knittel
Borough Manager
Borough nfCamp Hill
2145 Walnut Street
Camp Hill, PA 17011
Mr. Bill Schlesener
ADM Milling Co.
P.O. Box3100
Spangler Road
Shiremanstown, PA 17011
Donn Snyder, Esquire
315 North Front Street
Harrisburg, PA 17101
MARTSON, DEARDORFF, WILLIAMS & OTTO
By --/ ~ ~'-"':iD"
- Stephen L. Bloom, Esquire
W. Darren Powell, Esquire
Ten East High Street
Carlisle, P A 170 \3
(717) 243-3341
Attorneys for Exel Logistics, Inc.
Dated: October 30, 1996
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VERIFICATION
Marlin Wood, who is Director of Exel Logistics, Inc. and acknowledges that he has the
authority to execute this Verification in behalf of Exel Logistics, Inc. certifies that the foregoing
Petition For Stay is based upon information which has been gathered by my counsel in the
preparation of the lawsuit. The language of this Petition is that of counsel and not my own. I have
read the document and to the extent that the Petition is based upon information which I have given
to my counsel, it is true and correct to the best of my knowledge, information and belief. To the
extent that the content of the Petition is that of counsel, I have relied upon counsel in making this
Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
EXEL LOGISTICS, INC.
~-J J~
arlin Wood Director
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CERTIFICATE OF SERVICE
I hereby certity that a copy of the foregoing Petition For Stay was served this date by
depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as
follows:
Mr. Craig Hamlin. President
Milling Division
Archer Daniel Midland Company
P.O. Box 7007
Shawnee Mission, KS 66207
Borough Council of Camp Hill
c/o Mr. Edward J. Knittel
Borough Manager
Borough of Camp Hill
2145 Walnut Street
Camp Hill, PA 17011
Mr. Bill Schlesener
ADM Milling Co.
P.O. Box 3100
Spangler Road
Shiremanstown. PA 17011
Donn L. Snyder. Esquire
315 North Front Street
Harrisburg, P A 1710 1
MARTSON, DEARDORFF. WILLIAMS & OTTO
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Stephen L. Bloom. Esquire
W. Darren Powell, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Exel Logistics, Inc.
Dated: October 30, 1996
.
.
BOROUGH OF CAMP HILL. PENNSYLVANIA
~
Appeal No.
Bldg. Permit No. 225-96
NOTICE OF APPEAL
. frQm the i;l~UjSl1C\l of . . .
The undersigned hereby appeals to the Camp Hill Zoning Heanng Board =_..r1nlfllllbOlldDC a Buildmg Penmt
or Certificate of Occupancy for the property located at spanqler Road
(full street address of tbe property)
Notice To The Anplleant: All applicants must completc Sections A and B. Applicants shall complete Sections
C. 0 or E. as appropriate. Applicarions for a special exception (Section D) or a variance (Section E) must be
accompanied by a site plan of the property. The annllcarion will not be accented for filln!! unless relevant
Sections are comnleted. a site nlan attache!!. if a~!!ronrlate. and filln!! fees Daid. (pLEASE PRINT ALL
INFORMATION.)
SECTION A. DOCKETING INFORMATION:
Applicant:
Property Owner (If different tban Applicant):
, Exel Logistics, Inc.
Name of Applicant
~60 Salem Church Road
ADM Milling Company
Name of Property Owner
sr;>analer Rtvln
Mechanicsburq, PA 17055
Address of Applicant
Camp Hill, PA 17011
Address of Property Owner
Telephone Number
(717) 691-7400
Telephone Number (717) 975-5512
SECTION B. PROPERTY INFORMATION:
Zoning district in which the property is located LI
. (Light Industrial)
Present use (if use is "vacant", enter date of last occupancy and describe last use) Grain and finished
product storaqe.
Note: Applicants for a special exception or variance must attach site plan of the property showing 101 dimensions.
location of buildings and improvements and dimensions of all side. front and rear yards.
\
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SECTION C. Appeal from INTERPRETATION of Ordinance by Zoning OfflcerlBuildlng Inspector.
~SCribe the provisions of the Zoning Ordinance in question Section 200-68 of the zoning Ordi""n,,'"
uires 50 foot setbacks.
'cribe decision appealed from
Zoning Officer's determination and qrant of a buildinq
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ADDENDUM TO NOTICE OF APPEAL
RE! HIm .DING PF.RMIT NO.223.96
~
1. Exel Logistics. Inc. ("Exel") is a corporation with officeJ located at 260 Salem
Church Road. Mechanicsburg. Cumberland County. Pennsylvania.
., Exel is the fee owner of improved real property ( the "Exel Property") primarily
situated in Camp Hill Borough. The Exel Property includes fee ownership of that certain strip of
land upon which exists the private street known as Spangler Road.
3. ADM Milling Company ("ADM") is a corporation with a mailing address ofP.O,
Box 3100 Spangler Road, Shiremanstown, Pennsylvania 17011.
4. ADM is the fee owner or tenant of improved real property (the "ADM Property")
which is also situated primarily in Camp Hill Borough.
5. The ADM Property is adjacent to the Exel Property, the relevant parts of both being
situated in Camp Hill Borough and in an area zoned Light Industrial.
6. On or about August 13, 1996, the Zoning Officer of Camp Hill Borough issued to
ADM a building permit numbered 225-96 (the "Permit"). The Permit was apparently issued in
connection with the CllJlwion or further improvement of the facility located on the ADM Property.
7. Exel herein appeals from the issuance of the Permit as the proposed improvements
violate the fifty-foot setback requirement of Camp Hill Borough Zoning Ordinance ~200-6B.
B. The Zoning Officer was without authority to issue a building permit for
improvements which are in violation of the setback requirements.
9. In order to be permined to build within the setback areas of its improved property as
required by Camp Hill Borough Zoning Ordinance ~200-6B. ADM would have been required to seek
a variance from the Zoning Hearing Board.
10. An application for a variance is required to be decided by the Zoning Hearing Board.
after public notice and hearing.
I \. ADM did not seek a variance for construction within the setback area of the ADM
Property. and none was granted.
12. On or about October 17. 1996, Exel first became aware that ADM was building in
the setback area on the ADM Property.
.
,\
1 J. Ell,l had no notice, knowledge or reason to believe that approval had been issued to
ADM to construct within the setback arell, in violation of the aforesaid Ordinance, until October 17,
1996.
14. Exel believes, and therefore avers, that ADM or its agents may have negligently or
otherwise mlsled the Zoning Officer or other officers or agents of Camp Hill Borough in order to
obtain a buildlnll permit authorizing construction within lhe required setback without securing a
variance Irom the Zoning Hearing Board,
I~, Due to tho recent relocation of the Borough Offices, Exel has not been able to obtain
documents or other specil1c information from the Borough of Camp Hill with regard to this matter,
despite several visits to these offices.
16. ~~I!I reQuf!!u It hl!RrinW on rhi~ matter,
17, E"f!1 demllnd~ in a~cnrdnnce with the Municip8litie~ Planninw Code 8915 1 51 P ~
81 091 ~ I that all ~nn~tn.Jctinn Bnd lAnd development J)1J"lJant to the erroneomdy i~~lled pennit he
lmmedflltely !It.yed upon the fllinW hereof
WHEREOF, Exel Logistics, Inc. liles this appeal to the Zoning Hearing Board and requests
that all complained of construction be stayed, that the Zoning Hearing Board direct the Zoning
Officer to revoke the building permit and issue to ADM l'vlilling Company an Order to cease and
desist construction in the setback areas and such other relief as the Zoning Hearing Board deems
appropriate to prevent ADM Milling Company's violation of the Zoning Ordinance.
m:\hom.\dl.\borou.h\.dm\.I.y..... Nov.mb., Il, 1996
o
Doon L. Snyder, Esquire
Supreme Court No. 068,g
BOSWELL, SNYDER, TINTNER &. PICCOLA
3" North Front Street
Post Office Box 741
Harrisburg, PennsylVolnla 17108
(717) 236-9m
AlIorney for Respondent
Borough of Camp H 1\1
EXEL LOGISTICS, INC.,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 96-5950
BOROUGH OF CAMP HILL,
Respondent
Y.
ADM MILLING CO.,
Intervenor
CIVIL ACTION - LAW
RESPONSE OF RESPONDENT BOROUGH OF CAMP HILL TO
PETITIONER EXEL LOGlSTICS.INC.'S PETITION FOR STAY
The Borough of Camp Hill, by and through its attorneys, Donn L. Snyder,
Esquire, and Boswell, Snyder, Tintner and Piccola hereby responds to Eltel Logistics
Ine.'s Petition For Stay as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Neither admitted nor denied. Said Land Use Appeal filed by Eltel
Logistics Ine speaks for ilself. The Borough of Camp Hill Zoning Hearing Board wlll
determine in the first inslance whether a violation eltists.
13. Denied. The Borough of Camp Hillis without knowledge sufficient to
form a belief regarding the truth of this averment, and the same Is therefore denied.
14. Denied. The Borough of Camp Hillis without knowledge sufficient to
form a belief regarding the truth of this averment, and the same is therefore denied.
15. Admitted.
16. Neither admitted nor denIed. The statute speaks for Itself.
17. Denied. The Borough of Camp Hillis without knowledge sufficlentto
form a belief regarding the truth of this averment, and the same Is therefore denied.
18. Denied that the statute mandates the Borough to issue any order. To
the contrary, the statute speclficaliy stays "all official action" by the Borough.
19. Neither admitted nor denied. The statute speaks for Itself.
20. Denied. The provisions of the Municipalities Planning Code at issue
are self-executing and do not permit the Borough of Camp Hill to issue a cease and
desist order to ADM. The statute directs that "all official action" by the Borough is
stayed, effectively prohibiting the Borough of Camp Hill from taking any action on this
matter.
EXEL LOGISTICS, INC.,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 96-5950
v.
BOROUGH OF CAMP HILL,
Respondent
v.
ADM MILLING CO.,
Intervenor
CIVIL ACTION - LAW
~BRTIFICATB OF SERVICE
I do hereby certify that I have served a true and correct copy of the foregoing
lblsDOnse of ResDOndent BoroUlm of Camn Hill to Petitioner Exel LoIzlstle Ine.'s
., fi!lIt1on for Stav on the following by first-class mall, postage prepaid and addressed as
follows:
Stephen L. Bloom, Esquire
W. Darren Powell, Esquire
Martson, Deardorf, WlIllams & Olto
Ten East High Street
Carlisle, PA 17103
(Anome)' for politlon.r)
Charles E. Zaleski, Esquire
Eckert, Seamans. Cherln & Mellott
One South Market Square Building
213 Market Street
Harrlsburg, PA 17101
(Altorn.)' for Inlornntlr)
Date: II~),I.,
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EXEL LOGISTICS, INC.,
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-5950
CIVIL ACTION. LAW
BOROUGH OF CAMP HILL,
Defendant
v.
ADM MILLING COMPANY,
Intervenor
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above captioned case settled and discontinued with prejudice.
Respectfully submitted,
MARTSON, DEARDORFF, VI,
By \
Stephen L. Bloom, Esquire
W. Darren Powell, Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for PlaintilT Exel Logistics, Inc.
Date: II -2~ q t
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