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Home My WebLink About98-06427 }l '-'I I ~I ..' "( \l l~~' I~' I t> o \! ~ IIJ, ~' ~ ~'. .;.... ~ <;.. ~ .~ - ~ ~ ~ I {"; l~l .....i I . / i ~ .J ~i I I~i I I ~i C(l! ;::,..' . ~: . ., .. IN THE COURT OF COMMON PLEAS OF RITE AID CDRPORATION VS. ZCl'IING HEARING BOARD EAST PENNSBORO TCMNSflIP CUMBERLAND COUNTY, PENNSYLVANIA 1.(.....\..,. CIVI-I. Xl! Term NO. 98-6427 WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) 55. COUNTY OF CUMBERLAND) TO: Zoning Hearing Board, East Pennsboro Township We. being willing for certain reasons, to have certified a certain action be~~en Rite Aid Corporation Vs. Zoninq Hearinq Board East pennsboro TownRhip pending before you, do command you 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 days of the date hereof, 20 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 George E. Hoffer, P.J. our said Court, at Carlisle, Pa., the 28thday of Januarv 1992-- \ , C\ULtLl) rR I )~ Prothonotary '--~~ f) )'lLG4-l\Y1Q;I~ ....-. . .. .' " :.. .~ ( ~ 1 i .CompIII'__1~0I21ot~HMCn. iI .CompAetIIIItN 3..... and 4b. I .PrInI)'OW ""'" end 1ddrtI. on She fIverM 01 hllorm 10 INI.. CAn ref,,", 11'I. -..- .AItac:h.. bm tolhl fr'oI1 of the fNil~. Of on the beck It 'PleI doM not I .=R..nR<<*pI~<<1"onl"'melIpiIcobllowlhelf\ldenumbef'. ti . The RlCwn R<<*pt wllll'lOW 10 whom the artldl .11 dlllYlINd If'Id !hi dill S _od, J 3. At1IcIe Addreased 10: Township of East Pennsboro 98 South Enola Drive Enola PA 17025 I also wish to recelve Ihe IoIIowI"lloervk:1I (10< on .xtr.,..): 1, CI Addr.....'. Add.... ~ 2, CI R.strlcted o.lIvery .J Consult postmasler for f.l. ..f t 44. AlUcJe Number . cc P 575532328 J 4b. Service Type ;, CI Rogl.tOled :a Cerllftod CI Exp"" Mall CI Insured i CI Rolum Rocolpt 10< Melthsrdso 0 COO 1 .! 7. o.t. 01 o'llv.ry iA.... 8, Addre...... Addr... (Only llrequeslod and f.. Is paid) ! l J !" 'l.' '.'"., . ,.;..""..",',.,~.,~-'" 10259~97B{)119 Domestic Return Receipt P 575 532 328 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Senlto Townshi Street & Number 98 South Enola Dr. Posl Otlice, Slate, & lIP Code Enola PA 17025 Postage s CerllfiedFee Special Delivery Fee ( Restricted Delivery Fee '" ~ Relum Receipt Showing 10 W'hom & Dale Delivered ~ Rerum ReceiptShowi1gIo'Mlom, c:( Dale, & Addresseo's Address o ~ TOTAL Postage & Fees M Poslma/1l.orDale E o u. (fJ 0. s .. ~. or: ...,. ~ TOWNSHIP OF EA'iT PENNSIlORO, Plaintiff, vs. : 1:1/ Tin: COURT OF COMMON PLEAS OF : Cl1M IlERJ.ANJ) COUNTY, PENNSYJ.V ANIA : NO. (Jr. (, '/,)'J f~r., T;...... RITE AID CORPORATION, Defendant, : CIVIL ACflON - EQlJITY COMPLAINT FOR IN,HlNCTlON TO THE HONORABLE, the Judges of said Court: AND NOW comes the Plaintiff, the Township of East Pennsboro, by and through its legal counsel, Henry F, Coyne, Esquire, and avers the following in support orits Complaint for imposition of a Injunction to preclude Rite Aid from landing and taking off of helicopters in the Township which is in violation of Township Zoning Ordinance: 1. East Pennsboro Township ("Township") is a First Class Township with its principal place of business located at 98 South Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2, Defendant, Rite Aid Corporation ("Rite Aid") is a corporation organized under the laws of Delaware with its general office located at 30 Hunter Lane, East Pennsboro Township, Cumberland County, Pennsylvania, 3. The Township is governed by an elected Board of Commissioners ("Commissioners"). 4. The Township regulates land use within its municipal boundaries by its Zoning Ordinance, which is Chapter 27 of the Code of Ordinances of East Pennsboro Township and by an official zoning map of East Pennsboro Township. 5. Defendant's general office is located in the Office-Apartment ("O-A") Zoning District of East Pennsboro Township. 6. On June 3, 1998. Ihe /loard of ('ommlSsioners of Easl Pennsborn Township publiely announccd its inlenlion 10 amend ils Zoning Ordinance with rcgard to helistops and heliports wilhin the Township. 7. Prior 10 thc public announccmcnt of this in lent to amend its Ordinance, thc Plaintiff provided Dcfendant with an advancc copy of Ihe proposed amended Ordinance and Defendant submitted written comments back to the Plaintiff for review and consideration. (See Exhibit "A") 8. On Junc 24, 1998, the Board of Commissioncrs enacted the amendment to the Zoning Ordinancc concerning helicopter landings in the Township and on AugustS, 1998, the Township also re- enacted that amendment to the Ordinance, (Exhibit "B") 9. Prior to the enactment of thc amcndment to the Zoning Ordinance concerning helistops and heliports, and all times re1evantthereot: the Township Zoning Ordinancc and map did not identify a helistop as a pennitted, conditional, or accessory use within the O-A District. 10. The amended Zoning Ordinance specifically pennits helistops and heliports as conditional uses in the Industrial Park-General, Industrial Park-Limited, and Profcssiona1 Offiee Zoning Districts in the Township. (See Exhibit "B") 11. On July 9, 1998, Ddendant was issued cease and desist order from the Code and Zoning Officer of the Township concerning the Dcfendant's landing and taking off of helicopters at 30 Hunter Lane. (Exhibit "C") 12. Defendant did not appeal the cease and desist notice; however, Defendant merely filed the attached memo, dated July 13, 1998. (Exhibit "D") 13. On or about August 17, 1998, Defendant withdrew its appeal to the Township Zoning Hearing Board which Defendant references in its memo, dated July 13, 1998. '- ~ QJ!J Rite Aid Corporation ELLIOT S. GERSON Senior Vice PreSident General Counsel and Secretary W:: \P (- l. "I ~ Jcr( . ::l \ J . MAILING ADDRESS po Bo. 3165 HamsCIJ'? PA 17105 . GENERAL OFFICE 30 Hunle, Lane Camp H.II. PA 17011 '(717) 975-5806 (717) 76D-7867 FAX ...mell: esgersonO'"Mld,eom May 28, 1998 Mr. Donald L, Tappan Assistant Township Manager East Pennsboro Township 98 S. Enola Drive Er.ola, PA 1702S-2796 ~- ... l;' :. " 1/'h/'ltT I:',.' ll." ~~'J ' UI' ,_:-- - ---",," Dear Mr, Tappan: Thank you for providing us with the proposed East Pennsboro ordinance relating to helicopter operation. We are pleased to be able 10 advise you thaI should Ihis proposed ordinance become effective, provided that il is revised to include areas zoned "OA" (our current zoning), our current operations will enable us to be in compliance with its requirements. We intend to make modifications to our helistop landing area and will be filing plans with the Township in Ihe near future in connection with our application for a building permit. We note thaI item A(7) of the draft ordinance provides that "No helicopter over six thousand (6.000) pounds gross weight shall use any helistop." We have purchased a new helicopter which is currenlly being constructed. The new helicopter will weigh approximately 6,500 pounds as a basic em ply weight and, when fully loaded will have a maximum gross weight which will not exceed 10,000 pounds, It will be quieter Ihan the helicopter we are currently operating. We respectfully request a revision to this section, so as to change the gross weight limitation to 10,000 pounds This change will accomodate the new helicopter, which is expected to be delivered within Ihe next several weeks. We have diligently sought 10 comply with the requirements of Ihe Pennsylvania Department of Transportation, Bureau of Aviation, and the US Department of Transportation Fedt:Orai Aviation Administration, and we have received "no objection" lelters frem both of those offices. Please do not hesitate 10 contact me if we can provide you with any additional information, Very truly yours, ~~ ESG/kjt I'M'd''''3".'UI",'II_IlI'MllSIGGl' to~Y 11/12/1999 11:11 7177327918 EASTPElf.'SIllRITIoP P/l/& 87 ORDINANCE NO. 594-98 AN ORDIHANC! OF THE TOWNSHIP or EMf nNNSJORO, CUMURLAND COUNTY, PlNNSYLVANIA, AMlNDING PART 2, UCI10N 12; PART 13-.. 81cnON 303a; PART 11, SECnON .231; 'ART II, acnol'f 4(1& AND ADDING PART 23, SlcnON 518 TO CBAPrIR J1 (ZONING OIDlNAfola) or TBI CODE or ORl>INANCIS Dl.A'mlG TO UilNmONS, CONDmONAL mIlS AND 11SJ: ucrou.nONS fOR JDLII'OI.1S AND IIILIS1'OrS IN VAlUOllS ZONING DISTlUCI'. B& IT ENACl'ED AND ORDAlmD by the Bod ot~ otlblTOWIIIbip of Eat l'emIIboro. CumberIlDd CoUDtY. PalDlyMaia,1lId it iI!Imby aICfIld IIId ordIIiDcd by the 1Il!barity 01-. u CoUcnn: 8-.......111I1: Amcud ChIpl<< Z1, Pat 2, SectloIl12 by addlq tba follmrla; cIIftIli,;,.,.. HELIPORT. ItsJ. _ to Ie.:--...,""""" all piIueI, of........ ""Q of .~-..., airl:nft (hellcopten) with 1Uitab1c spa to allow degeIopmcIlt of IerVlce &..lIltW U cl.oIinld. . HELISTOP . An ami on dlc JlIlUIId, root err IimI1ar IlrUcturo to --"""""""'" touchdow1:a mAl lift off of rotorwiDa aln:nft (hc1icop1m) Cor ~ olpiclclna uplcIlIcbIrIlIII peaenaa'I. with DO,..vicc: facilities. Amend Chapter 'J:1 by IIlldlui the foDowiDs CoudlliODll Uses to die Collowlua Zoulus Dislr!c13: PROFESSIONAL oma: (PRO) Part 13-A, Section 303}' (CondiIioual Uses) 3. HelisUlp 4. Heliport INDUSTRIAL PARK LIMlTI:D{IPL) Part 17, Section 423A (Cocditloual Uses> 3. Helistop 4. Heliport INDUSTRIAL PARK (IP) Part 18, Section 443A (Condltioual Uses) 3. Helistop 4. Holiport 11/12/1998 11:11 7177327818 EASTl'EIoNSIlCl<OTloP PAGE 89 e. ^ copy of Conunonwealth of PCIIIIS)'lvanla Applicltion for ApprovII ofl Landiall Slle. AV-4, and ncceuary supplemental information or equivalent ond !he leller of lile IpplOYIl lI'c)m PemDOT, BUrUd of Aviation. d. An miaI pbOlOpaph Of' dlwwina. either of whlch Ihan be at a scale 00 leu lhaD OIIC (1) Incb cqulb two hlmdrod (200) feet, iadicacmll the approIIlh 11111 dcpa1urc _Ills, thD JocadOll or 111 raidenll, schIloII. elMches. boepitall, IDd __ aaed for !be opeD uaembly or people as well as OCher IIOIae RlIIillve _ within I radiua of _half (112) mile or !be jkOlJOS'd helistop sito. ,. .~. :, 9. The applicllllt nil aile taIl gomplilllc:c with thole 11'".....;.- IIld repIatI_ far heu.cop. cr IimiIar &cllitia, as ClUIIiIIcd ia the B.O.C.A. Fino Prmintion Code, C1Im:at a40plal cdi1ioa. 10 The IiCUlt shall silo mike 1WI 1ilIIIl:e wilb thole -'A.'iDca and . Ipp ,camp -- reauJatiOllll for HeIlIlop& and Hdiporta ar similar &ciIities u outIincd ia tIJe Commoawalth of PeumylftJIiI, ~tu-d or Tl~1lIIiou. Bureau of AviatIoa, Tille 67, n:guIaUoas rdatiua to Pi:IIIlIYlvania . Aviatloa, IS om...bd B. Heliports 1. The applicant for oay heliport shall meet 111 those provisions as rcqWJed by this ordlnJnce for~ 2. Heliporls shall be Iocaled a minimum of OIIe tboIISlIlId (1,000) feet from oay dwelliII& unit. 3, ^Wlicaat shalllllbmlt a land dcvelopmo:nt piau for review oad IIpp1'OYll by the Township, 4. Heliports sha11 m~ 111 requiremcntl of !be Zoaiaa 0rdiIIancc for !be district of its proposed location. 6. S. The proposed aile shall be fcaced. with a mlnlmumheigbt of four (4) feet with at least two opatlnp, except lhose loc:alI:d on JUOftops. The feaee - lhall be locared 10 as Dot to obalnlct the glide angle of a helicopler usiag Iho heliport. The propoGed heliport shall not adversely affect the health IIId safety of the citizens both iJllIId SUI'1'OIIlIding Ea5t Pennsbonl Township. ' 3 i:[~;' lif II,}<>< I ", .il~~ rl'.~~ ~ I ") . :'.: t J ;. 11/12/1998 11:11 7177327918 EASTPEI<.t6IOlOTIoP PAGE 11 s.cdon 4: All ()rdiJwIccs which trC incOllIiltenC willi lhiI Ordinance arc hereby repealed. Secdoa s: If any proviJiaaI or ICClloaI or lhiJ 0rdlIlanc0 Ihall be held co be iIMlid. IllY IIICb holdlllllbal1 not cfra:t or Impm I1l'J odlCr pIO'ri8lDaa Of scetioo. dacor. ~.,: 1'bia 0ldIamcc IbI1I bcl:OIIIll ~ ill acconIaDce with applicable laws. OOL Y IlNAClllD AND 01WAJNBD thiI~ day or~ , 1998. by the BoadorC<<"""''-'''' ordle TOWII&IIlp orEal~. 0 BOARD OF COMMISSXONERS IlASl' PIlNNSIlORO TOWNSHIP " AllIlIt: ~ Robart L. Gill, &....llo.j By: 1; ..1 ,f: , s 11/12/1999 11:11 7177327918 ~\llKln.f' PAGE 82 ORDIl'lAl'lCE NO~9""A..98 AN ORDINANCE or TIlE TOWNSIDP or EAST PZl'lNSBOllO, CUMBERLAND COUNTY, nNNSnVAl'IIA, AMENDING PART 2, SEClION 12; 'ART 13-1, SECTION 3O'JI; PART 17, SECTION 4231ll PART 18, ~ON 443. AND ADDIl'lG PART Z3, SEcnON SI9 TO CJLUTD Z1 (ZONING ORDINANCE) 011' TBI CODI or ORDINANCES IW.ATlNG TO DDIr'I1'IIONS, CONDmONAL UDS AND VB UGtlLAnol'lS JOllllELlPOJn'S AND BDJSTOPS IN VAlUOOS zomNG DISTlUCT. BE rr ENACl'ID AHJ) ORDAINED by the Board oCc;-".;..;- oCthe ToWIIIblp ot But PeaasboEo. CUmbcrIIIId CcuDty. PeIlIII)'lnDia, ad it is heRby _..-4 cd anlalDed by !be IIIlbcIrity oC IlllIlC, II fon_ SectIoa 1: AmoDd CbIpIa' 'n. ~ 2, SeetIoD 12 by addiDs the ~nowiDs ddiIIi1ioDr. HELJPOII,T . An .rea III ......... .... all phua oC opcIlIIian of .vb ..ills aInnft (heIicoplcn) with suilable spICC III allow davelopIIIII1 of ICrYice ficl)m.. u cScmed. BBUSTOP . An _ CD lbc pIlUIId, ~ or similsr ~ to _...... a~n~ tOllcluloWllI1Id tift offofrolor'fliD& ainnft ~.) for 1'1II~ ofpickilll up/cIiscbqiDa JlUICIlSCrll. wilhllll ~ ~ Amcad Chapter 27 by addins !be ~1IowiD8 CoadiliOllll Usea to lbc foIIowin; ZaaiIla Districta: ,PROFESSIONALOmCE (PRO) Part 13-A, Section 303A (CoDditioW Uses) 3. . HclisIOp 4. &Iipcrt INDUSTRIAL PARK LIMJ.TED (IPL) Part 17. Secti0ll423A (Coodi1iODal UIeI) 3. HclisIOp 4. Heliport INDUSTRIAL pARK (JP) Part 18, Section 443A (Candllioa.! Usel) 3. Helistop 4. Heliport 1 '11/12/1998 11:11 7177327818 EASTPENNSBlJ<OTW> PAGE 84 c. A copy of Commonwealth of PCIIlIIYlVUlia Application for Approval ofa Undilla Sile, AV~.1Ild ncceuay IUpplemcntal information or equiYllcnt and me lilta' of site appraval Ii'om PermDOT. Bureau of Aviation. cI. All uria1 pbolosnph or drawm,. elk of wIIIeb IhaU be at · seal. DO leu Ibm GOO (I) inell "'Iua1a two 1wIIcIred (200) f'eel, ~.., die IflIll'OICh and dct-ll.o~ roulcI, dw Jocatloa oraD raiclenls, achoo!a, oh_ba, hoIpilIb, IDd _ .. for dID opeD uaembly of people u weU II olber aoiao -0&.. - within a MUS or cme-IWC (112) mile ot die I"~ boliltDp site. '. :' " 9. 1110 applicaDt IbaI1I11&b fbll compU- wIlh !bolo raJdcliDel ead !qIIJalioaa Car bellllvpe or slmIIar 1'aeIIllia. II u.Alb..d irl1hD B.O.C.A. Fire PmIIIIioD Code, curraIt .dvl'lLd editloa. 10. 1110 appllclat IbaII aIIO JP&ke M1 comp1lm:c with 1hoae I'nM1ins IIIl1 resuJalloas Car Hl:!ialDps md Ho1iporla or IlrDi1u fIIoiIitla u llIIlIIr1cd iD the Co.n.__th of PemlI)'lftrlia, Depulml:ut or 1\dpCI1alloa, BuRau of AYlatlOll, Tl1Io 67, reauJaIlcm n1atiDg to PCIIIIS)'IvmIa AviaI!OIl,u--wI B. HeJJpor1s I. the applicarlt fOl' any hellport shaI1 meet III those pravisioas as ~ by this ordinBDce for be1iltopL 2. Heliporls shall be loc:etm a mm;",,"'l of 0110 thoUSlIIICI (1,000) feet I'roJD any dwdliq uniL 3. Appllcant sha11 submit a 11Dd devc10pmcm plan Car teYiew IIId approval by tho Townahip. 4. H.liporbl shill meet all requiromcIIla of Ibo Zoaini Ordinmc:e for the district of its propdscd location. S. The proposed filii shaD be fOllCCd with. minimum hei&ht of four (4) ti:et with at least two ~II'\ exoept tborc locetIId 9I11OOftopa. the r- sbIII be located so as DOt to ~ the allele qtc of. bo1icopter usiDa tile heliport. 6. The proposed heliport shall DOt advmely affect tho hcIIlh IIIId safety of tho citizens both ir1 and surrolllldlng East Pmnsboro Township. . 3 11/12/1998 11:11 7117327810 EA5Tl'EH'61ltRJT\oP PAGE 0& ~a.!h 1bI. 0rd11l11lCll sbI11 become ttr.cd~ III accordIac:c with tpplicable llWl. oil. ~ DULYENACTEDANDORDAlHEDIhIa..s day or 1998,bytho Boud orColllm\Jliollllorlhl Townahlp oIEal p-."""o. Attc8t: ~ RD1lert L. Oil\, s-..y, BOARD OF COMMISSIONERS EAST PENNSBORO TO 11/12/1998 11:11 71773278lB EA5TPENNS9:I<OTloP ~ PAGE 12 JOSEPHH.~AH)O Twp. EnoJl',W, Cllt. F\101AAO L .....EST CGdt end ZOlIIIIll ~ EAST PENN.BORD TOWNSHIP luly 9, 19'18 ATTN I1A PHILIP I1AAKDVITZ, SENIOR VICE PRESIDENT RITE AID R!AL TV CllAP P 0 SOl 3165 HARRISBURG PA 11100 AND RIT~ AID REALTV ~ 30 tuITER LH CIlIP HILL PA 17011 REI Hellcapt.,. llndlllQ ilt 30 Hunt.r Lane, CIIIp Hlll, PA 17011 De.r "... !larkavl tZI Put....nt to Chapter frI. tne ZOnlllQ Ordi""ne. of East Plnn5boro Talfnsnlp, Cullbcrlend Collnty, ........ylv.nl.. plrt lit, ScUon 333, th.. us. of tne prllll.rty loe.tell at 30 Hunter L....., Caqa HU1. PA u. hellport/hlllstop Is not plr.lttell. Tne lIPpllclble ordinance, "hlch 15 Ordln.nee No. 594-'/8. ..ilS .doptad by the lIo.rd of eo..lssloner!l ilt . .....Ull9 held on Jllne 21t, 1998 ' I hav. ..Itnesoed hlllcoptlrs USing the parklnQ 9arilge .nd p.rklnQ lot at 30 Hunter Line 15 a heliport/helistop. which Is . vlol.tlon of Ordinance No. 594....,. Section e. The use of 30 ~nter I.lIne .. . heliport/hllistap sh.ll be dlscontlnullcl wltllln flv. 1:11 days Ifter receipt of tills noticl. F.i1l1t. to t:ollPly ..Uh this notice ..\thin the \lpvclflllcl U.. .nail consU tut. . vial.tlon of OrdillilF.c::" 594-98. unl.... Ixtended by epp...l to the Zoning He.tlllQ Board ..\thin 30 days fro. thl receipt of this notic.. . The plm.1ty for vlolilUll9 Ordln.llnee No. '9,.-98, .n iIlHlld..nt to the 20nln9 Ordi...ncl of E..t Plnnsboro To,,"shlp, III . fi.... of not llare than s:500.oo If convlctl!d In. su...ry proceedillQ. Etch day that Iÿviolation Is contlnuld shall constitute iI 51p.r.te offense. Slnc"r.ly, t1::!~ 98 South Enale OrM! . Enalll, PA Cf!&~~~~~ (~~7\~32.o711 11/12/1999 11:11 7177327918 EASTPet6Im:lTl<l' PAGE 13 I'lL! I J.. ce I All EPT Co..llllollllf's Rob.r, L. 8111, T~. "9r. "nrV F. CoyM, EIq., BolleUor Elliott e"'Mll, Esq., 011.1 Counul, Rlt. Aid Corp Agust. Aerosp.c. Corp. CERTIFIED' FIRST CLASS ~IL pm 330 013 RITEAID4.HrL/RLERNlST , , , . , ~, -" , ' ., I 7:, ,.. ) r ;n: ) Ii t.. :c - 'I .1: -.l -J ~I e _1 III : i uJ t; 0 f! 0 ..; : r:;:,.. --.; I J K ,. .;~ .D .,;-. I ,-, I r:-' ~ ;:: ti; 4. Admilled. 5. Admillcd, except insofar as the paragraph refers to Rite Aid's "gcncral officc" and with respect to that reference Rile Aid incorporlltes its response to paragraph 2. 6. The allegations in paragraph 6 of the Complaint arc conclusions of law to which no responsive pleading is required. To the extent a response is required, Rite Aid denies that the Township publicly announced its intention to amend its Zoning Ordinance with regard to helistops and heliports within the Township on kne 3, 1998. To the contrary, the Township did not publicly announce its intention to amend its Zoning Ordinance with regard to helistops and heliports within the Township until it first published notice of such a proposed ordinance on June 6,1998. 7. Admitted in part and denied in part. To the extent that this paragraph alleges that the Township announced its intention to amend its Zoning Ordinance on June 3, 1998, Rite Aid denies the same and incorporales its answer to paragraph 6. Rite Aid admits only Ihat prior to the Township's first publication ofits notice of its intention to amend its Zoning Ordinance on June 6,1998, the Township provided Rite Aid with a copy of the proposed amended ordinance. By way of further response, the document which is attached as Exhibit "A" to the Complaint speaks for itself. KLRSPIIII 57333 I 2 8. The allegations in parugruph 9 of the Complaint arc conclusions of law to which no responsive pleilding is required. To the exlenl a response is required, it is denied that on June 24, 1998 the Board of Commissioners enilcted the amendment to the Zoning Ordinance concerning helicopter landings. Rile Aid admils thaI the Board of Commissioners purported 10 enilcl said amendment on that date. but avers that said purported enactment was void and of no elTecl. By way of further answer, Rile Aid incorporates by reference paragraphs 19-23 of New Maller, i.n.fuL 9. The allegations in paragraph 9 of the Complaint arc conclusions of law to which no responsive pleading is required. To the extent a response is required, Rite Aid denies the inference that helistops were not pennilted as an accessory use within the O-A Office Apartment District prior to the Township's enactment of Ordinance No. 594-A-98. To the contrary, helistops were penniUed as an accessory use within the O-A Office Apartment District prior to the Township's enactment of Ordinance No. 594-A- 98. 10. The allegations of paragraph 10 of the Complaint are conclusions of law to which no responsive pleading is required. By way of further response, lhe document which is aUached as Exhibit "B" to the Complaint speaks for itself. KLRSPIIII 57333 I 3 I I. Rite Aid admits only that on or about July 9, 1998, the Township Code and Zoning Oflicer issued the cease ami desist order which is attached to lhe Complaint as Exhibit "C". By way of Iilrther response, the document which is attached as Exhibit "C" to the Complaint speaks lor itsclf. 12. Rite Aid admits only that on or about July 13, 1998, Rite Aid forwarded the letter, a copy of which is attached as Exhibit "D" to the Complaint, to the Township Code and Zoning Officer. By way of further response, the document which is attached as Exhibit "D" to the Complaint speaks for itself. By way of further answer, Rite Aid incorporates by reference paragraphs 19-23 of New Matter, i.nfrn. 13. Admitted. By way ofli.lrther answer, Rite Aid incorporates by reference paragraphs 19-23 of New Matter, in.ft!, 14. Admitted in part and denied in part. Rite Aid admits only that it currently allows its corporate helicopter to land and takeoff at its East Pennsboro property. The remaining allegations of paragraph 14 of the Complaint are conclusions of law to which no responsive pleading is required. To the extent a response is required, it is denied that the landing and take offat its East Pennsboro property is in violation of the Zoning Ordinance. KLRSPIIII 57333 I 4 .~ 15. Denied as stated. Rite Aid currently allows its corporate helicopter to land and takeolT at its East Pennsboro property. The helicopter makes two trips a day on the average, arriving typically at 8:30 a.m. and departing at 6:00 or 7:00 p.m. NEW MATTER ANI> COUNTERCLAIM In further response to PlaintifT's Complaint, Rite Aid avers the following new matter in defense of the allegations of the Complaint and counterclaims against Plaintiff for declaratory judgment as follows: 16. Since August 19, 1997, Rite Aid has been landing its corporate helicopter either on the rooftop of the parking garage or at a ground level landing site at the Hunter Lane site. 17. Under the Township Zoning Ordinance, as it existed prior to the enactment of Ordinance 594-A-98, helistops were pennitted as an accessory use in the O-A Office Apartment District. 18. Under the Township Zoning Ordinance, as it existed prior to the enactment of Ordinance 594-A-98, Rite Aid's use of its property as a helistop was a lawful, pre-existing use. 19. On June 4, 1998, the Township published notice in a newspaper of general circulation its intention to adopt an ordinance which, with some modification, was later adopted as Ordinance 594-98. The proposed ordinance was designed to prohibit the landing and takeoff of helicopters in the O-A Office Apartment District. The KLRSPIIII 57333 I 5 n... notice stated that thc proposed ordinunce would be considered at .he "next rcgularly scheduled meeting" of the Board of Commissioners. The next regulurly scheduled meeting of the Commissioners wus on July I, 1998. 20. On Junc 23, 1998, the Township published notice of a speciul meeting ofthc Commissioncrs to take plaee thc next day, on June 24, 1998. At thc special meeting on June 24, 1998, the Township purported to adopt Ordinancc 594-98. 21. On Junc 30, 1998, Rite Aid tiled a challenge with the Zoning Hearing Board of East Pennsboro Township challenging Ordinance 594-98 on the procedural grounds that the Ordinance 594-98 was adopted in violation of Section 61O(a) and (c) of the M.P.C. because: (I) the Township's failure to provide at least seven (7) days notice of the meeting at which Ordinance 594-98 was enacted, (2) the Township's failure to refer Ordinance 594-98 to the Planning Commission for comment, and (3) Ordinance 594-98 as enacted differed Irom the draft ordinance advertised on June 6, 1998 in that the draft prohibited landings and takeoffs while the adopted ordinance prohibited the use of the land for that purpose. 22. Subsequently, on July 18, 1998, the Township re-advertised a new date for consideration of Ordinance 594-98 - August 5, 1998 - and referred the ordinance to the Planning Commission for comment. On August 5, 1998, the Township then adopted Ordinance 594-A-98. KLRSPIII157333 ) 6 23. On August 17, 1998, as soon as Rite Aid Ica!'l1~d thaI the Towmhip had corrected the procedural delidencies in the cnucUncnt of Ordinance 591.98 throUllh the enacunent of Ordinance S94.A.98, Rite Aid's attorney, Janl. Krasnowiccki. E~quire, notified the Zoning Hearing Board that because the Township had re.advertised and re-enacted ordinance 594.98 as Ordinance 594-A-9R in accordlUlce wilh all applicable procedures, Rite Aid was withdrawing its June 30, 1998 validity challenge to Ordinance 1':0.594.98 as having becomc moDI. The letter withdrawing that appeal specifically states that Rite Aid is not w3i" ing any rights it may have against the re- enacted Ordinance 594-A-98. 24. The cease and desist order attached as Exhibit "e" to the Complaint rested exclusively on Ordinance 594-98. Because Ordinance 594-98 was enacted in clear violation ofsevcral provisions of the M.P.C., it was void apj.nitio, and of no legal effect. Indeed, the TO\\nship subsequently withdrew Ordinance 594-98 and reenactcd it as Ordinance 594.A-98. Because the cease and desist order rested exclusively on Ordinance 594-98 it too was void and of no legal effect. 25. The cease and desist order attached as Exhibit "C" to the Complaint is olhelWise invalid because the Zoning Ordinance in effect on the dates when Rite Aid commenced its use of the property for a helistop pennilted such use and such use was, therefore, a lawful pre-existing use. KLRSP,m 113111 7