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07-5187
rrl of COURT OF COMMON PLEAS Judicial District. County Of NOTICE OF APPEAL FROM D18TRICT JUBTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appeNant has fled in the above Court of Common Pleas sn appeal from the jtdgrneM rendered by the D~trid Justice on the date and in the case reterent~d below. 8/07 07 Ho ewe11 Board of Su ervissr L ~~. t,~-t..~Mldu~ Ili ~ 1D~w CV-0000144-07 ~ ~ ~ ~ ~ _ _.,_ This block wiN be signed ONLY vrhen this notation is required under Pa. ff appaNant was CJairnsnt (sae Pa. R.C.P.D.J. Nb. 1001(8)-Hr action R.C.P.D.J. No.100BB. This Nlotios d Appeal, when received by the Dhstrid Justice. wiN operate as a befiie a txstrict JusBcey A COMPLA/NT MUST BF FILED within tw~arrty SUPERSEDERS to the judgment for posseaslon in this case. (20) days aRer 1Hfng tha NOTICE ofAPPEAL. ~ dRotAanotny vO~pAy PRAEC~E TO ENTER RULE TO FILE COMPWNT AND RULE 70 FILE (This section d Ao-rr1 to be used ONLY when appeNant was DEFENDANT (see Pa.R.C.P.D.J. No. 11~01(n in action Nelbre DPstrid Jusfioe. 1F NOT USED, detach from Dopy of notice of appeal to be senred upon appellee. PRAECIPE: To Prothonotary ~~ rule' upon _ Hopewell Township Board of Supervisors aPpeNee(s), b>tia a camptsint in this appeal N~nr d aPP~I+) (Common Pleas No. ~ ~ - ~ f b ~ Cwt ~ ) within twenty (20) days after service of entry of judgment of non pros. d+PW~-NwMbn~j'aaDrN RULE: To , sppeNee(s) ~-. aa~w..(sl (1) You are rroli8ed that a rote is hereby entered upon you to fib a complaint in this appeal withM twenty (20) days aRer the date of service of this n~le upon you by peraorral service or by certified or registered mark. (2) M you do not the a oomplaiM withal this time. s JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of ttris rule if servfoe was by mail is the date of the mailing. r Date: ~p , 20 p`'J S~ ~ e~e.~. •~a- t~f L srn-,r~..a a~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AC!PC 312-02 WHRE -COURT FILE TO BE HIED WITH PROTHONOTARY GREEN -COURT FIt.E YELLOW -APPELLANTS COPY PINK - COPY TO BE SERVED ON APP~LEE GOLD - DOPY TO BE SERVED ON DISTRICT JUSTICE 1146 S. Pitt St. Carlisle PA 17013 t ((Thi rrtof CE iDF AlpP~gt, ANIT RtII.E TO FILE COMPtA/MT ~ T ~~~;l~C~~t f r . , , . ~ t ¢) DAYS AFTER ftlittg of the notice of appeal. Check applicable boxes.) COAAMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT I hereby (swear) {affirm) that I served ^ a cx~py of the Notice of Appeal, Common Pleas upon the District Justice designated: therein orr (date of senripe) , 20 sender's r ~ by ~~~~ ~ by (certified) (registeredy mail. eceipt ~tached hereto, and upon the appellee, (name) on 20 ^ by PSI service ~ by (certified) (re®i~~, sender's receipt attached hereto, (~~)' (AFFI~M~DkA~D StJ~D BEFORE ME THIS DAY OF , 20 S7pi-ai"unoloAliaalbb~pnewhon~a ~ s. T~rddlkid My commission expires on , 20 Signa~e-e of atftant ~ ~ ~ o ,,j ~` c {o ~ ~ ~, ~ ~ -~ .~ . ~; ~ ~ ~ ^'-~.rJ~ ~~~ ~. } .~ s 4 ~ 'COMMONWEALTH OF PENNSYLVANIA /x/11 INITV r1C• .~~ Mag. Dist. No.: 09-3-01 MDJ Name: Hon. 8>rsOLD 8. 8>1~D81t Ad~''~~ 35 X O>Z71>108 ST BHIPP888SD~. P1- Teie,~«,e: (717) 532-7676 17257-0361 DOVHLiI! Qi1p 11p1'OC8088 B.PITT ST C,>-1lI,ISLB, P1- 17013 THIS IS TO NOTIFY YOU THAT: !'Olt PLaI>IITIIP Judgment: © Judgment was entered for: (Name) (Date of Judgment) 8/07/07 HOP8M8LL TNP H01t1ZI1 O, ! S8P81RV Judgment was entered against: Name) DOt1BI'I>i< fiiP 1LOTOCPII~BB in the amount of $ 1, 00.0 Defendants are jointly and severally liable. Damages will be assessed on Date 8 Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease ~ Amount of Judgment $ 1, 50_0.0~~0 $ Judgment Costs Interest on Judgment $ Attorney Fees . 00 $ Total $ 1, 500.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILMKi A NOTICE OF APPEAL WRH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WR'H YOUR NOTICE OF APPEAL EXCEPT AS OT1!IERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUD(iEB, IF THE JUDGEMENT FIOLDER ELECTS TO ENTER THE JUDQMENT IN THE COURT OF COMMON PLEAS. ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS ANO NO FURTHER PROCESS MAY BE ISSUED BY THE MA!#ISTEISAL DISTRICT JUDS~E . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FlLE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGlSTERWL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date District I certify that this is a true and correct copy of the record of the proceedings containing the judgment. NOTICE O CIVDGCASET/TRANSCRIPT PLAINTIFF: NAME and nDORESs ~80P=NiLL TMP HO~ti D OP 8VP88VISOItB , 415 3 8Q . 80LLO~N 1tD 88N9D8ti, P11 17200 L VS. DEFENDANT: NAME end ADDRESs rl8rTZ88, lODCQ'! L . , 8T >tl.. 1146 ®O PITT 8T!!8T C>t1tI.I8L8, P1 17 013 J -1 L J Docket No.: CV-0000140-07 Date Filed: 6/25/07 Date My commission expires first Monday of January, 2012 AOPC 315-06 D71T8 P>itI8T8D s 8/07/07 Magisterial District Judge 8 ! 47 s 00 111[ SEAL COMMONWEALTH OF PENNSYLVANIA r+nt tntTV n~• N:O1~8>iitla>I`1m Mag. Dist. NO.: 09-3-01 MDJ Name: Hon. >~OLD E. 8~!>it address: 3 5 x o>olaxos sY BHIPPltBS~, P71 Taieptwna: (717) 532-T676 17257-0361 L . !!N=L30t 1146 8. PITY IBT C31stLISi.=, P1- 17013 NOTICE O CIVICLGCASET/TRANSCRIPT PLAINTIFF: NnMeandnoDRESs ~EOPaMiLL TNP H03~D OP SflP>~VI80A8 ~ 415 3 9Q. 80LLOM ~tD >rllNBOII:O, P1 17240 L VS. DEFENDANT: Nays: arM ADDRess 1146 AO PITT 9'1'S>8!T C3>stLliBil, PII 17013 J -1 L J II Docket No.: I:V-0000144-07 Date Filed: 6/25/07 THIS IS TO NOTIFY YOU THAT: rp'! PLiI]R'I!! Judgment: (Date of Judgment) 8/07/07 Judgment was entered for: (Name) ~P~'=' TMP HO~n O' P ~~ Judgment was entered against: (Name) !>~?Z~ __ • L in the amount of $ 1.500.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Timp This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ $ Total $ 1, 500.00 Post Judgment Credits $ Post Judglrrent Costs $ Certltled Judgment Total $ ANY PARTY HAS THE RKiHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTFIONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DNMION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/rRANSCRIPT FORM WITH YOUR NOTK:E OF APPEAL. EXCEPT AS OTHERWISE PROVIDED iN THE RULES OF CNIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT ~ COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE. COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED SY THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT M ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEAES7ED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATMFACTKIN WITH THE MAGISTERIAL DNS=TRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~~ -/ Date District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 AOPC 315-06 D1-Y>s P'~IVI'1'=D s 8/07/07 8:47 i 00 ]11t Magisterial District Judge SEAL ` COMMONWEALTH OF PENNSYLVANIA rni wTV nF• Mag. Dist. No.: 09-3-01 MDJ Name: Hon. 8>fSOLD =. BlHDE>it Adder: 35 x O>R71>ros sr sHIPP>Q8877HQ, P71 ra~aplwna: (717) 532-7676 17257-0361 CatOL !>ar8lR 11~L6 s0 PIrr sr8ir Ci18LI8Li, P11 17013 THIS IS TO NOTIFY YOU THAT: Judgment: POP' PL>RIHrI~ NOTICE O CIVLGCASET/TRANSCRIPT PLAINTIFF: NAME and ADDRESS ~BOPaxsLL rxP son'In os svPS>RVlsoil:s , 115 3 sQ. 84LLOM 1!D ~Ii7/B1Atti, P]- 17240 L. J vs. DEFENDANT: NAME and ADDRESs ~imrrzs'e, >Rlovomts~r L. , sr l-L. 11*6 s0 PIrr s3'11t>iir IL',>IfZLIBLS, Pax 17013 L -~ Docket No.: CV-000014~L-07 Date Filed: 6/25/07 (Date of Judgment) 8/07/07 ment was entered for: © Jud (Name) 80PlNli'L rl/P ~~ o, P ~~ g © Judgment was entered against: (Name) 500 0 ~z~• ~',3>P,OL in the amount of $ 1' Defendants are jointly and severally liable. Damages will be assessed on Date & Timp This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Total Post Judgment Credits Post Judgment Costs $ 1,500.00 $ :3ib $ .00 $ 1,500.00 ~ Certified Judgment Total $ I, ANY PARTY HAS THE RKiHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlLING A NOTICE OF APPEAL WITH THE ppOTHONOTARY/CLERK OFTHE COURT OF COMMON PLEAS, CIVIL DMS10N. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITIi YOUR NOTICE OF APPEAL. EXCEPT AS OTHERW~E PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL D~TFgCT JUDGE8, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHHR PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERML DISTRICT JUDGE . UNLES8 THE JUDGMENT IS EN'TEiIED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED Mi Tt1E JUD~NT MAY FlLE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL D18TRK:T JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date District I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, ZOiZ AOPC 315-06 DBtiT! P1tI>rlraDs 8/07/07 Magisterial District Judge 8s4is00 ]11[ SEAL 1 • .' `COMMONWEALTH OF PENNSYLVANIA Cnl1NTY nF: C'~>alLa>!m Mag. Dist. No.: 09-3-01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDaESs ~sorsNSr.L ~ Hoa>ien o~ svrsavlsolRS ~ X115 3 8Q. 80LLOM ~tD nsN,av~tro, Pa 17Z8o MDJ Neme: Hon. aa»ICOr~ s. s~s>R Address: 3 5 M O>it»i= 8Z IBSIPl88HQjtfi, Pa Teiepn«,e: (717) 532-7676 17257-0361 ~! L. !>37tE11t 1106 80 PITt 8=>R!i? Ca>~LIBLS, Pa 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ~~' pLU>RI~ © Judgment was entered for: (Name) HOP>e111iLL TNP Hoan>D O, >r avPS=v Judgment was entered against: (Name) ~~• L • in the amount of $ 1, 500.0 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 1, 500. $ Judgment Costs Interest on Judgment $ Attorney Fees $ .00 Total $ 1, 500.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RKsHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE pROTHONOTARYICLERK OFTHE COURT OF COMMON PLEAS, CIVIL DIVMION. YOU MU8T INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERAU. DISTR~T JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN TFIE COURT OF'COMMON PLEAS, ALL FURTFI~i PROCESS MUST COIfIM FROM THE COURT OF COMMON PLEAS ANO NO FURTHER PROCESS MAY ~ ISSUED BY THE MAf~iSTER1AL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FlLE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /'"v / Date Magisterial District I certify that this is a true and correct Dopy of the record of the proceedings containing the judgment. L VS. DEFENDANT: NAME and ADORESs f YY~'!'Z~t, ~OED~!! L . , !r aL . 116 80 PITt B=~teS Ca~tLlsl~L=, Pa 17013 J L -~ Docket No.: CP-0000100-07 Date Filed: 6/25/07 4 (Date of Judgment) 8/07/07 Date ,Magisterial District Judge My commission expires first Monday of January, ZO1Z AOPC 315-06 Da?= PAI~ITms 8/07/07 8:85:00 ]11K SEAL na ~4 ` _._, -n -~~ ~ 'r~ ~~ i , : s~. ~- c~ n~ ~ ~~ i ` G) "`V' ~ Ti ~,` F ~ r t ' ~ ~ -- -rr ~ ~ , ~ °:J~ i _~ --- ~° o - ' t.,~ '~ f .. CERTIFIEC (Domestic Mail Of m ~ ~ w ~ Postage $ O O Certlffed Fee p Return Receipt Fee (Endorsement Required) G Restricted Delivery Fee ~ (Endorsement Required) G Total Pa e & Fees ..0 SPI i Q ~3ent7 O N (. a, b ~. ~ ~ Postmark Here ^ ~p ~ ~, ~ 1~~~ .~ ~ ~ a ru ~ • • rn ..- -. m - ~ ~. t~ Postage $ / ~'~ G Certified Fee ° a , ~~' 0 Return Receipt Fee (Endorsement Requred) ~ Postmark Here /~ O Restricted Delivery Fee t-a (Endorsement Required) I ~ ~+ ~ ~ O Total Postage & Fees ~ ~ ~~I ~\ ~ - ~~ r~ d~pe~ t/~ ~door~s.) (~MiNEAk.TH OF P~INSl`LVAtV~~4 /l~19YiT' thereby ~*rr~~r) (rhj t 1 s~'v~ a cwt oI Nte t t1Fl~1i~F, Ctrn~a4i ~`~~ , ~n ~fe DFSfrid Justine ciB~irBrl~Ied ~'o~t (date ~f service) ~~ ~ ~! #~.? r ~ ' ~ service ~ by f~° +'~, slander's rec~eitrt att' " ~~ hob. and ~~r (r~apne) ~.'~e~x~i~t'oSttplwl~-i8oxs sender's ~~h~re~. t~T tssion e~apires on '~'Q ~' ~ ~-,--. ~, , ~ 3.. ..~ ~ ~~ ,` t -+. ~t~~ ~~.>C a.~j-. ,, _~ ~~ . ~' ~~ .~ .~~. , -,~w, ~ ,. ., , .., _~.~~ ,ir,,,~,+w,,~ ,_ _. ,_ ,. o . ~ ~ Gc7MM~7NilYEALTF! OF PENNS COURT OF COMMON PLE,I~S Judicial District. County Of NOTICE OF APPEAL FROM DI&TRiCT JUSTICE JUDCiit1~NT CAF AFL, Notice is yivan that the appgtbu-t has f31ed ~ the atacare Court of Cc~mon is.an appeal 1 the ~dgtrrsM ~ by tlts,Ot,~ on the date.:And in the-case raisrenosd below. n. 1::°'~ntust;, >today L. Y+~up4~air ~.~.~. ~++wr~o.,. p9~~-OE Bwt:old ~. ~stndaz s t.C. 1146 S. Pitt St. tf aAoa~rrt was ~- CV--OQEi0144-~7 This. black w~l. tie aiDneid t3NEY when .this notation is r~quirad wrMlsr t's. R.C.p.D.J: No. f0BBi3. This nion~e d a~.t. when rebetwd by the District .lustiE~, wiM opariateaa ri SUt?ER~ tt- tfre ! - in this case. PA 17Q13 .:~.r.=. - -~... t>a~ a c> ~ c~rr i~ttsr ei~ ~t~ iy f~-1 ~a tir. nt~ar~cE a~u.. P'i~tilEii~ll~ Tt3 ~ R1iH.~ T~ M~~+IA` i~yiE TQ (This ssctian of k~rrii'tb 'bee ~'~' wrY ~ was l7tE App SIT (ae+e Pa.R G.P.D.J. Nv. tQt?;t{7) ir- aolisrr bNrrna Dfair+ct Jt~Aice. 1F NOT USED. a~lich ftom oapy aFrrolias oi= iiv 6~ s~t-nbd;Al~- ae~e. PRAECfP!E: To Prottry Enter rule. upon Hopit~ll .To~iaitthip Sc+ard pf Sup~e~isars aPPMs~. ta-~Als a cxirnpt~nt M tt~tai A gnan. aeva*~•K~ (comm«- Pleas t~t4. ~J `~ " ,~' ` Q' "'"/ C fi J! I } whin twersy {20} dayap aAt-r aervics d' of ts~-eM d n~ ice. a- or~g~ricy~br Rt1LE: To flapewell Township Board of S~tperv,e(sD} m (~ l,w 4a~,. ~ Is ~ upon Yow fb ~ ,~ r`ort~plliiM in this appeal w+lt~n tw~tY GAD) !S after the. ctaM,~ ~cvi~e of tsar n~~Drr Y~ ~uervit`s orgy asd tir rae~ttl~ . ~," ~(2) if do tse'e withkr this;tirae, a dUDC3M~t+IT E?F NON PROS ti~Y ~•~NTI~RED ' YOU. " _,,,(3) T~+e da~eot cif ire ~ asrvk~e w~ #~ryr react is.tMtAe of the mailing. r ,.. '4,4- Y M1~$:~Y 06r'~;N~E i~F JIT~IIi_if~i'~~IiI~M't?~:4R,~. :~;;,.~, AOPG 312-02 WJiifE - OOmRT t~.:E ~4y tlE FAR NttiH PROTtiOf~fTAR'Y (iR€frN -COURT FLEE YEEE(;1Mf - APPEt WrM7'S COPY l'll~"..~+tfOSa.'rik O~S~7Cn MI ~2faGt. t[~ linl n' !V'l~N.Tn aGecnit¢n nil n.IL`raiAe t "~~ ~. ,~, . _.. , „, s ~ vo..+-- a• ~ ~- ~ P~ Y ~ c~t+ ram ~°+~ tt+e ~~~ so q~d ~o ~ .... ~. , ~~~ o~ 1. ~ ~~, ~'° v 111 ~~bvr9' `fey ~ ~,'~ o ~ , ~°n 9..-- ,.,- ~Zy~ pg porm __... __. ~enru~ _._,y...._: aya aaofl ? ~`°~ Ob v~+~'~" r""~ ~~ g, P1s4 r `~~ ~~ ~~r ti~ «: . ..~.~rr t"~~ 4 c. ~° ~._..~- a ~,~ {AY~ ,mac O C oA~ p ~rr• ~ ~ ,~ , 'P~ o~ ~,~> a ~ ,ilk ©QQ ?~~3 vim" ~ ~. ~~ ~,F ~ ~ HOPEWELL TOWNSHIP BOARD OF : IN THE COURT OF COMMOM SUPERVISORS :PLEAS OF CUMBEP,LAND :COUNTY, PENNSYLVANIA Plaintiff v. RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTT.ER, indlvidnapy Awd t/dJbJs DOUBLIN GAP MOTOCROSS, INC. No. 09-5189, CIVIL TERM : CIVIL ACTION - LAW APPEAL FROM DISTRICT JUSTICE COMPLAINT COMES NOW, the Board of Supervisors of Hopevvell Township, Cumberland County, by and through its Solicitor, Sally J. Winder, Esquire, and does file this Complaint for Violation of the Hopewell Township Zoning Ordinance based upon the following: 1. Hopewell Township, Cumberland Couirty is a duly ~dtuted and existing Second Class Township, having a principal place of business and mailing address at 41 S Three Square Hollow Road, Newburg, Hopewell Township, Cumberland County, Pennsylvania 17240. 2. The Board of Supervisors of Hopewell Township, Cumberland County, properly adopted the Hopewell Township Zoning Ordinance, April 1998, which includes a zoning map setting forth the various zoning districts within the Township including property presently owned by Defendants. 3. Defendants are Rodney L. Yentzer, II, Rodney L. Yentzer, Carol M. Yentzer, and Jeffrey A. Yentzer individually, and trading and doing business as Doublin Gap Motocross, Inc., who use collectively the address of 1146 South • ~ ~... Pitt Street, Carlisle, Cumberland County, Pennsylvania, which is also the address used by the Defendants as a business address for Doublin Gap Motocross, Inc. 4. Defendants are owners of property tying along Shippensburg Road in Hopewell Township, Cumberland County, Pennsylvania, being tax parcxl l 1- 09-050?-OO1B, by virtue of a deed dated June 11, 2004, from Jeannc Wickard, being a tract of land of approximately 61.98 acres, being hereiafter referred, to as "the Wickard tract". 5. The Wickard tract lies within the Agricultural District as set forth in the Hopewell Township Zoning Ordinance and on the zoning map and is listed as Clean and Green agricultural ground in the Cumberland County Tax Assessment Office. 6. Expansion of motocross activities, parking, overnight parking, and camping, was requested as part of the condilionai use application but was specifically denied by decision of the Board of Supervisors, a copy of which was properly provided to Defendants. 7. Defendants, as part of their business, Doublin Gap Motiocross, Inc. conduct and operate motocross racing events at their property adjacent to the Wickard tract. 8. Defendants advertised and operated American Motorcycle Association sanctioned LL Youth Regional races Saturday, June 23 and Sunday, June 24, 2007. 9. In conjunction with the Youth Regional races on June 23 and 24, 2007, Deus also advertised a practice day for Friday June 22, 2007. 10. Plaintiff observed the parking of campers and motorcycles on the Wickard tract from Friday June 22, 200'7, through and including, Saturday June 23, 2007, and Sunday June 24, 2007. 11. On Friday morning June 22, 2007, the Defea~dants Permitted, allowed, and directed patrons, guests, and invitees, to use the Wickard tract for the purpose of parking and overnight camping while in attendance at the advertised motocross practice and racing event. 12. Defendants continued to permit, allow, and direct patrons, guests, and invitees to use the Wickard treat for parking and overnight camping on Saturday June 23, and Sunday June 24, 200'7. 13. Defendants kaow that the Wickard treat i$ not to be used for aay racing or associated activities in the nature of parking and overnight camping. I4. Defendants, in knowing, reckless, and wanton, disregard of the prohibition against use of the Wickard tract for parking and overnight camping associated with motorcross racing have permitted, allowed, encouraged and directed patrons, guests, and invitees, to park and camp on the Wickard tract all in violation of the Hopeweii Township Zoning Ordinance, Section 4.02 Permitted Uses, June 22, 23, and 24, 200'7. 15. Each day of violation constitutes a separate and distinct violation of the Township Zoning Ordinance and subjects the Defendants, and each of them, to a maximum civil penalty of $600.00 per violation. WHEREI~RE, Plaintiff requests judgment in favor of Plaintiff Hopewell Township Hoard of Supervisors and against each named Defendant in the amount of $600.00 per day per Defendant, or $9,000.00 together with costs and attorney fees. Respectfully submitted, V sauy J. der, Esquire Attorney for Plaintiff 9974 Molly Pitclarr Highway Shippensburg, PA 17257 (717} 532 9476 ., -. VERIFICATION 1 verify that the statements made in this pleading are true and correct to the best of my knowledge, information, and belief and that as an elected member of the Board of Supervisors of Hopewell Township, Cumberland County, i am authorized to execute this verification. i understand that false sttatemeats herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Q ~ Date: f T Curtis W. M ,Supervisor ,,. ;t a ,. R, , r n ~ ° b Vi ... ~ ~y ~ '~i a . rT7 ~~. _~'~~ v~~ ~~w N ~~ ~' 'v'~ ~,' t7 c,~ . -.c Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-5187 CIVIL TERM vs. RODNEY L. YENTZER, II :CIVIL ACTION -LAW RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants :APPEAL FROM DISTRICT JUSTICE PRELIMINARY OBJECTIONS Comes now the Defendant, Doublin Gap Motocross, Inc., by and. through its attorney, William A. Duncan, Esquire, and files the following Preliminary Objections to Plaintiff's Complaint: 1. The action herein filed by the Hopewell Township Board of Supervisors is against the Doublin Gap Motocross, Inc., a duly formed Pennsylvania Corporation and against Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals. 2. The subject matter of the Complaint relates to a violation of a township zoning ordinance. 3. Doublin Gap Motocross, Inc. has no ownership interest in the subject premises. 4. Doublin Gap Motocross, Inc. is improperly joined as a Defendant in this action and under Pa. Rule of Civil Procedure 1028(11 the action should be dismissed against it for lack of jurisdiction. RESPECTFULLY SUBMITTED DUNCAN & HARTMAN, P.C. r William A. Duncan, Esquire Attorney for Defendant 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 ~i C> ~- o ..~ ,.a r~ ~ a _ cj ~ --,-; ~ ~. ~ i t J ' ~ ~.I ( ,r_ a r Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-5187 CIVIL TERM vs. RODNEY L. YENTZER, II RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants CIVIL ACTION -LAW APPEAL FROM DISTRICT JUSTICE ANSWER Comes now the Defendants, Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer by and through their attorney, William A. Duncan, Esquire, and Answer Plaintiff s Complaint as follows: 1. Admitted. 2. Denied. On the contrary after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of paragraph 2. 3. Admitted that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer are sui juris adult individuals. Admitted that Dublin Gap Motocross, Inc. is a duly organized Pennsylvania corporation having a principal office address of 1146 South Pitt Street, Carlisle, Cumberland County, Pennsylvania. 4. Admitted that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer have an ownership interest in tax parcel 11-09-0507-001 B, referred to as "the Wickard tract". 5. Admitted. 6. Defendants are unable to respond as the allegation is fague and fails to identify the alleged application sufficiently. 7. It is denied that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals conduct and operate motocross racing, rather, such activities are conducted by Dublin Gap Motocross, Inc.. 8. It is denied that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals advertise and operate said events, rather, such activities are conducted by Dublin Gap Motocross, Inc.. 9. It is denied that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer as individuals advertise and operate said events, rather, such activities are conducted by Dublin Gap Motocross, Inc.. 10. Denied. On the contrary after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of paragraph 10. 11. Denied. On the contrary after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of paragraph 11. 12. Denied. On the contrary after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of paragraph 12. 13. Admitted that Rodney L. Yentzer, Carol M. Yentzer, Rodney L. Yentzer, II and Jeffrey A. Yentzer are aware of a denial of a conditional use application requesting parking for motocross related activities on the Wickard tract. 14. Defendants are unable to respond to the paragraph, which is not stated as an averment but appears to be a statement of Plaintiff's opinion. 15. Denied in that paragraph 15 of Plaintiff s Complaint has not specified or attached as an exhibit the alleged provisions of the Township Zoning Ordinance which support the averment. WHEREFORE, Defendants pray that this Court dismiss this action in its entirety. RESPECTFULLY SUBMITTED DUNCAN & HARTMAN, P.C. /~/ s ~ William A. Duncan, Esquire Attorney for Defendant 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 Ib~l~Ib~ VERIFICATION The undersigned, having read the attached Answer, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. Rodney L. Yentzer II, Dated: lv l / ~ ~ D7 VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. Rodney L. entzer ~=- ~ Dated: (b J / `i / D ~ VERIFICATION The undersigned, having read the attached Answer, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. _ ~~ 7 .~ ~- _.. Jeffrey A. Yentzer ~/~ Dated: (p I / 51 D1 VERIFICATION The undersigned, having read the attached Answer, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S.section 4904 pertaining to unsworn falsification to authorities. Carol M. Yentz Dated: ~o/I ~1 ~~ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to Complaint docketed to No. 07-5187 by depositing same in the United States Mail, first class, postage pre-paid, certified, return receipt requested on the 10th day of October, 2007, addressed as follows: Sally J. Winder, Esquire 9974 Molly Pitcher Highway Shippensburg, PA 17257 DUNCAN & HARTMAN, P.C. C William A. Duncan, Esquire Attorney for Defendant 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 c. ~ -ry C'. ..,.... ii'! r ~., ~ ^Z '.'" ~ 1:+ _;,_ .: --r ~~ : 1~ :: ~ c_'~ =~ ' `~ ~ : Duncan & Hartman, P.C. William A. Duncan, Esquire I Irvine Row, Carlisle. Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 RODNEY L. YENTZER, CAROL M. YENTZER, JEFFREY A. YENTZER and RODNEY L. YENTZER II, t/d/b/a DOUBLIN GAP MOTOCROSS. INC. Plaintiffs VS, HOPEWELL TOWNSHIP, CUMBERLAND COUNTY, PENNA. Defendants HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Plaintiff vs. RODNEY L. YENTZER, II RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants ao?o AU& [q .4rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3721 CIVIL ACTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5186 CIVIL TERM NO. 07-5187 CIVIL TERM CIVIL ACTION RULE TO SHOW CAUSE AND NOW, this day of August, 2010, upon consideration of the foregoing Petition For a Rule to Show Cause Why an Order Granting Consolidation Should Not Issue, it is hereby Ordered and Decreed as follows: 1. A Rule is issued upon the Hopewell Township Board of Supervisors to show cause k by the Petitioner is not entitled to the relief requested as set forth in the attached Order of Court. 2. The Respondent shall answer the Petition within 20 days of service by regular mail. 3. Notice of entry of this Order shall be provided to all parties. By the Court co 10 1 EIS /YL-V i LL r-?-y t?VoN; ?" • tL jZ __, ~.,... RODNEY L. YENTZER, CAROL M.: IN THE COURT OF COMMON PLEAS OF YENTZER, JEFFREY A. YENTZER :CUMBERLAND COUNTY, PENNA. and RODNEY L. YENT~~R II, t/d/b/a DOUBLIN GAP : N0.07-3721 CIVIL TERM MOTOCROSS, INC., ~ ~ Plaintiffs ~ 'v cn ~! ~ ~ ~ vs. ~ i -~ yy i HOPEWELL TOWNSHIP, :CIVIL ACTION PENNA CUMBERLAND COUNTY M ~,,,i _} ~ rw~ ~ ..wj ". I... ~;~ :~:~ , , ~,,~ Defendant r HOPEWELL TOWNSHIP BOARD OF : IN THE COURT OF COMMOM SUPERVISORS :PLEAS OF CUMBERLAND :COUNTY, PENNSYLVANIA Plaintiff v. RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, individually And t/d/b/a DOUBLIN GAP MOTOCROSS, INC. No. 0 -5186, CIVIL TERM N~-5187 CIVIL TERM CIVIL ACTION - LAW APPEAL FROM DISTRICT JUSTICE ANSWER TO PETITION TO CONSOLIDATE COMES, NOW Hopewell Township Board of Supervisors, by and through their solicitor, Sally J. Winder, Esquire and does file the following Answer to Petitioners' Petition for Consolidation: 1. Admitted. 2. Admitted. By way of further response, it is noted that Petitioners subsequently requested Judge Bayley modify his Order so that Petitioners would be in a position to file an Appeal to Commonwealth Court. Judge Bayley modified his Order but not his decision as filed, a copy of which is marked Exhibit "A" attached hereto, and Petitioners filed an appeal with Commonwealth Court. Commonwealth Court subsequently ruled against Petitioners upholding Judge Bayley's opinion that the Township Ordinance is valid. 3. Admitted in part and denied in part. Interrogatories and Request for Peoduction of Documents were served upon Hopewell Township. Answers to Interrogatories have been served and Documents have been produced. In response to several requests objections were filed. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied as stated. Defendant Rodney Yentzer, II and Jeffrey Yentzer were deposed which depositions took place on two different dates due to Rodney Yentzer, II's schedule. 8. Admitted. 9. Denied. The action filed to No. 07-5186 arises out of a violation of the Public Gathering Ordinance, as amended. The action filed to No. 07-5187 arises out of a violation of the Hopewell Township Zoning Ordinance. 10. Denied. On the contrary, evidence and proof required for the Zoning Ordinance violation is not the same as is required for proof of the Public Gathering Ordinance violation. 11. Denied. On the contrary, Hopewell Township believes and therefore avers that the validity of the Township Ordinance 79-2, as amended, the Public Gathering Ordinance has already been determined by this Court and the opinion of this Court finding the Ordinance valid has been upheld by the Commonwealth Court. Therefore, the interest of judicial economy in this matter would dictate that the Township cases docketed to Nos. 07-5186 and 07-5187 proceed separately from the case docketed to No. 07-3721.. WHEREFORE, this Honorable Court should enter an Order denying Plaintiff Yentzers' Petition thus allowing Hopewell Township to proceed with cases Nos. 07-5186 and 07-5187. Respectfully, submitted, ~r~/" ~ Sally J. finder Attorney for Hopewell Township Court ID 24507 P.O. Box 341 Newville, PA 17241 VERIFICATION I verify that the statements made in this. pleading are true and correct to the best of my knowledge, information, and belief and that as an elected member of the Board of Supervisors of Hopewell Township, I am authorized to execute this verification. These statements are made either upon personal knowledge or upon information received in the conduct of my position as Supervisor. This statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsifications to authorities, which provides that if I make knowingly false statements I may be subject to criminal penalties. Date: I l Curtis W. My rs r- S vs Case No. Q ~ -- ~ ~ ~ . ~ _~ ~~ ~ ~~ ~ ~~ --i Statement Af Intention to Proceed .."'~ ~. ~ -- ~:.. ~~ r' ~ To the Court: _._.. C? ,_....... tV P~~~~ intends to proceed with the above captiont~~tnaftt~Y. ,~ ,, / w,~ Print Name ~ ~ ~~ Y Sign Name Date: ~ ~ ~ ~ ~ Attorney for r ~ ~ i /1 ~~~ Ezptanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule ojcivil Procedure New Rule of Civii Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, SS I Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 190I(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. 1f the parties do not wish to pursue the case, they will take no action anti "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party tivishes to pursue the matter, he or she will file a notice of intention to proceed and the action shalt continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been temunated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. .The timing of the filing of the petition to reinstate the action is important. If the petition. is filed within thirty days of the entry of the order of termination on the docket, subdivision (dx2) provides that the court must granYthe petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (dx3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (dx2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ~~ '-i ~~ ~~ ~rn ~~ a ~~ ~~ .:c ~ _,~ t RODNEY L. YENTZER, CAROL M. YENTZER, JEFFREY A. YENTZER and RODNEY L. YENTZER II, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Plaintiffs vs. HOPEWELL TOWNSHIP, CUMBERLAND COUNTY, PENNA. Defendants HOPEWELL TOWNSHIP BOARD OF SUPERVISORS Plaintiff vs. RODNEY L. YENTZER, II RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 07-3721 CIVIL ACTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5186 CIVIL TERM NO. 07-5187 CIVIL TERM ? q ? CIVIL ACTION C3 ?- N> 0 _?cn y C O ER Sp C AND NOW this day of , 2.0-M, after due consideration of the Motion of Rodney L. Yentzer, II, Rodney L. Yentzer, Carol M. Yentzer and Jeffrey A. Yentzer, t/d/b/a Doublin Gap Motocross, Inc. filed by William A. Duncan, Esquire to consolidate the above-captioned actions into one proceeding, the Court hereby ORDERS that a hearing on the matter be set for the `,t day of 2011 in Courtroom 5 at 32) o'clock _?_.m. 'i J. v ?aI(y .1. winder, F&Q (???AaLba William A. bonemn, 'o H a? ?a6 S HOPEWELL TOWNSHIP BOARD, OF SUPERVISORS, Plaintiff v. RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007-5187 CIVIL TERM IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 15th day of November, 2012, after having called this matter for a pretrial conference, and counsel for the Defendants having requested a continuance and counsel for the Plaintiff having indicated she has no objection to a continuance of the trial, and counsel for Defendants having indicated he needs further time because of a medical procedure and to complete discovery, and after having heard argument on these matters, it is hereby ordered as follows: A. Pursuant to an agreement between the parties, the preliminary objections shall be submitted by briefs on or before February 15, 2013. Pursuant to a further agreement between the parties, this Court will decide the preliminary objections on the basis of briefs only and the parties have further agreed that there will not be argument on those preliminary objections; B. Discovery by both parties shall be completed on or before March 29, 2013; C. Dispositive motions shall be filed on or before April 30, 2013; D. Motions in limine shall be filed on or before May 17, 2013; E. Any further pretrial memorandums by both parties must be filed by May 27, 2013; F. The pretrial conference shall be on Monday, June 3, 2013, at 9:30 a.m. in Courtroom No. 5; G. The nonjury trial will be heard on Thursday, June 27, 2013, at 9:30 a.m. The parties expect the nonjury trial to last no longer than one day. By the Court, Christyl L. Peck, J. Bally J. Winder, Esquire 9974 Molly Pitcher Highway ~-, ,,, Shippensburg, PA 17257 3 ~, ~ --r For the Plaintiff -v c*t ~ 2 ~ _ -~~ 2 ~ '~ ~ ~Tilliam A. Duncan, Esquire ~~ N 1 Irvine Row -<~' v ~ Carlisle, PA 17013 ~~-- C ~~= For the Defendants _,,, ''r.• ~` z ~-?`~? `c-' ~ ,'', Pcb ~ yn ~,;,, HOPEWELL TOWNSHIP BOARDOF AN THE COURT OF COMMON PLEAS OF SUPERVISORS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : No. 07- 5187 Civil Term RODNEY L. YENTZER, II,RODNEY L.: YENTZER, CAROL M. YENTZER AND: °= C'' JEFFREY A. YENTZER, individually and t/d/b/a :CIVIL ACTION - LAW DOUBLIN GAP MOTOCROSS,INC. = f , Defendant : Appeal from Magisterial District Judge Judgment REPLY TO NEW MATTER 16. Paragraph 16 incorporates prior responses, therefore, no separate statement or reply is necessary. To the extent that a Reply is deemed necessary, Plaintiff re-states the allegation of the Original Complaint. 17. Admitted. 18. Denied. On the contrary, no enforcement notice is required in the instant circumstances. Section 14.02 authorizes the governing body, i.e., the Supervisors to file a complaint to abate use constituting a violation. 19. Denied as stated. Section 14.04 reads: "Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership, or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation." 20. Denied. On the contrary, Defendants had knowledge that a violation was occurring and directed patrons to the area where they were parked and camping on the Wickard tract. Defendants acknowledged violation to the Supervisors on Friday, June 22, 2007. 21. Denied. On the contrary, Doublin Gap Motocross either corporately, or as individuals,have testified at a prior hearing that the area of the tract used for camping, parking, and overnight parking is subject to a lease between the various individual parties and the business entity. 22. Denied. On the contrary, Article IV of the Hopewell Township Zoning Ordinance does set for the requirements for parking of cars and vehicles and incorporates Supplemental regulations which address parking in substantial detail. WHEREFORE, Plaintiff does request judgment in favor of Plaintiff and against Defendant as set forth in the original Complaint filed in this case. Respectfully submitted, Date: Sally J finder, Esquire Attorney for Hopewell Township Court ID 24705 P.O. Box 341 Newville, PA 17241 (717) 776 6656 VERIFICATION I verify that the foregoing statements in the Reply to New Matter are true and correct to the best of my knowledge, information, and belief and that as an elected member of the Board of Supervisors of Hopewell Township, I am authorized to execute this verification. These statements are made either upon personal knowledge or upon information received in the conduct of my position as Super-visor. This statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsifications to authorities, which provides that if I make knowingly false statements I may be subject to criminal penalties. Date: Curtis W. Myers, Supervisor CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiff's Reply to New Matter by depositing same in the United States Postal Service, first class postage prepaid on the 26th day of March, 2013 addressed as follows: William A. Duncan, Esq. Duncan& Hartman, P.C. I Irvine Row Carlisle, PA 17013 Sally J. finder, Esquire Attorney for Plaintiff P.O. Box 341 Newville, PA 17241 (717) 776 6656 Duncan &Hartman,P.C. F;LED-OFFICE William A. Duncan,Esquire OF THE PROTHOH0 IAA'-�' 1 Irvine Row,Carlisle,Pennsylvania 17013 717.249.7780 2013 APR 16 PM 2: 13 17 I b i"ri 717.249-7800 FAX CYMBERLAND COU14TY Attorney ID 22080 CUMBERLAND CQI.�>�4 PENNSYLVANIA PENNSYLVANIA HOPEWELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :NO. 2007-5187 CIVIL TERM RODNEY L. YENTZER,II, : CIVIL ACTION RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants : APPEAL FROM DISTRICT JUSTICE MOTION TO DISMISS AND NOW come Defendants by their attorney William A. Duncan, Esquire and says as follows: 1. By Order of Court dated November 15, 2012, Judge Christylee Peck set April 30, 2013 as the deadline for the filing of dispositive motions in this case. 2. On September 4, 2007, Defendants filed an appeal from a Judgment rendered in favor of the Hopewell Township Board of Supervisors. 3. Plaintiff Hopewell Township filed a Complaint on September 24, 2007 alleging the violation of the Hopewell Township Zoning Ordinance seeking fines in the amount of$9,000 plus costs and attorneys fees. 4. Plaintiff's Complaint does not aver that enforcement notices were sent as required by the Hopewell Township Zoning Ordinance Section 14.01 a copy of which is incorporated herein by reference and attached as Exhibit"A". 5. Plaintiff's Complaint does not aver that enforcement notices were sent as required by 53 Pa.C.S. section 10616.1(c)(1)-(6) a copy of which is incorporated herein by reference and attached as Exhibit`B". 6. Defendant filed interrogatories and Requests for Production of Documents asking that Plaintiff provide copies of the enforcement notices sent to the Defendants. The time for response to these Discovery requests has ended and Plaintiff has never produced any copies nor alleged that any enforcement notices were provided. A copy of Plaintiffs response is incorporated by reference and attached as Exhibit"C". 7. Hopewell Township Zoning Ordinance Section 14.01 and Pa.C.S. section 10616 1(c)(1)-(6) are mandatory requirements requisite for enforcement of the alleged violations. THEREFORE, Defendants respectfully request that Plaintiff s Complaint be dismissed for failure to comply with the requirements of the law. Respectfully submitted, William A. Duncan, Esquire Attorney for Defendants 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 717.249-7800 FAX i ARTICLE 14 ENFORCEMENT,VIOLATIONS,AND PENALTIES Section 14.01 Enforcement Notice. A. Whenever the Zoning Officer or other authorized Township representative determines that there are reasonable grounds to believe that there has been a violation of any provision of this ordinance, or of any regulation adopted pursuant thereto; the Zoning Officer shall initiate enforcement proceedings by sending an enforcement notice provided in this Section. B. The enforcement notice shall be sent to the owner of record of the parcel on which the ` violation has occurred, to' any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in stag by the owner of record. C. An enforcement notice shall state at least the following: r 1. The name of the owner of record and any other person against whon, the Township intends to take action. 2. The location of the property in violation. 3. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance 4. The date before which the steps for compliance must be commenced, not to exceed thirty (30) days from receipt of notice, and the date before which the steps must be completed. 5. Ain outline of remedial action which, if taken, will effect compliance with the provisions of this ordinance, or any part thereof, and with any regulations adopted pursuant thereto. 6. A statement indicating that the recipient of the notice has the right to apps to the Zoning Hearing Board within a prescribed period of time, in accordance with procedures set forth elsewhere in this ordinance. y 7. A statement indicating that failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation,with possible sanctions clearly described. HOPEWELL TOWNSHIP ZONING ORDTN E —■ ARTICLE 14,PAGE 1 EXHIBIT _. .. ......... ......._ ......... 53 P.S.§io6i6.i § 1o6i6.i. Enforcement notice Currentness (a)If it appears to the municipality that a violation of any zoning ordinance enacted under this act or prior enabling laws has occurred,the municipality shall initiate enforcement proceedings �y by sending an enforcement notice as provided in this section. (b)The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred,to any person who has filed a written request to receive enforcement notices regarding that parcel,and to any other person requested in writing by the owner of record. (c)An enforcement notice shall state at least the following: (1)The name of the owner of record and any other person against whom the municipality intends to take action. (2)The location of the property in violation. (3)The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance. (4)The date before which the steps for compliance must be commenced and the date before which the steps must be completed. (5)That the recipient of the notice has the right to appeal to the zoning hearing board within a prescribed period of time in accordance with procedures set forth in the ordinance. (6)That failure to comply with the notice within the time specified, unless extended by appeal to the zoning hearing board,constitutes a violation,with possible sanctions clearly described. (d)In any appeal of an enforcement notice to the zoning hearing board,the municipality shall have the responsibility of presenting its evidence first. (e)Any filing fee paid by a party to appeal an enforcement notice to the zoning hearing board shall be returned to the appealing party by the municipality if the zoning hearing board or any court in a subsequent appeal rules in the appealing party's favor. Credits 1968,July 31, P.L. 805, No. 247, art.VI,§616.1,added 1988, Dec. 21, P.L. 1329, No. 170, § 60,effective in 60 days.Amended 1996, Dec. 18, P.L. 1102, No. 165, §2,effective in 60 days. E IBIT Duncan&Hartman,P.C. William A.Duncan,Esquire I Irvine Row,Carlisle,Pennsylvania 17013 717.249.7780 717.249-7800 FAX Attorney ID 22080 HOPEWELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff VS. :NO. 2007-5187 CIVIL TERM. RODNEY L. YENTZER, II, : CIVIL ACTION RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER,t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants : APPEAL FROM DISTRICT JUSTICE ANSWERS TO INTERROGATORIES 1. Identify the persons to whom the enforce notice required by section 1.4.01 of the Hopewell Township Zoning Ordinance adopted April 20, 1998 were sent. No enforcement notices were required in this case. Civil complaints were filed and notice of the claim sent to all individual defendants and the corporation. Respectfully submitted, J Sally J. nder,Esquire Attorney for Plaintiff. P.O.Box 341 Newville,PA 17241 (717) 776 6656 EXHIBIT .c VERIFICATION I verify that the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information, and belief and that as an elected member of the Board of Supervisors of Hopewell Township, I am authorized to execute this verification. These statements are made either upon personal knowledge or upon information received in the conduct of my position as Supervisor. This statement is made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsifications to authorities, which provides that if I make knowingly false statements I may be subject to criminal penalties. Date: 3 Curtis W. My rs, Supervisor i. Y CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiff's Answers to Interrogatories by depositing same in the United States Postal Service, first class postage prepaid on the 4th day of April,2013 addressed as follows: William A. Duncan, Esq. Duncan&Hartman, P.C. 1 Irvine Row Carlisle, PA 17013 Sally J. Winder, Esquire Attorney for Plaintiff P.O. Box 341 Newville, PA 17241 (717) 776 6656 HOPEWELL TOWNSHIP BOARD IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. No. 2007-5187 CIVIL TERM RODNEY L. YENTZER, II, CIVIL ACTION RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants APPEAL FROM DISTRICT JUSTICE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Defendant's Motion to Dismiss by depositing same in the United State Postal Service, first class postage prepaid on the 16th of April, 2013 addressed as follows: Sally J. Winder, Esq. P.O. Box 341 Newville, PA 17241 Date: ( '' " B Y William A. Duncan, Esq. Attorney for Defendant DUNCAN & HARTMAN, PC 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 HOPEWELL TOWNSHIP BOARD IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. : YENTZER, t/d/b/a DOUBLIN : GAP MOTOCROSS, INC. , : NO. 2007-5187 CIVIL TERM Defendants : APPEAL FROM DISTRICT JUSTICE IN RE: PRETRIAL CONFERENCE ORDER OF COURT AND NOW, this 3rd day of June, 2013, after having had a pretrial conference in this matter with Sally Winder, Esquire, on behalf of Plaintiff, Hopewell Township, and William Duncan, Esquire, on behalf of Yentzer and Doublin Gap Motorcross, Defendants, the parties having indicated this matter is ready for trial with the exception of this Court making a ruling on Defendant ' s Motion to Dismiss. The parties having further indicated that any settlement negotiations have been unproductive at this point, but that depending on this Court ' s decision on the Motion to Dismiss, that may have an impact on settlement negotiations in the future, this Court has indicated to the parties that this Court will make a ruling on the Motion to Dismiss in short order and that should either party desire a further pretrial conference in this matter to help facilitate settlement negotiations, then either party may contact this Court ' s chambers to set up a further pretrial conference . The parties at this time still expect that this case will last for one day. The parties further indicated that aside from the Motion to Dismiss, there are no other matters that are still outstanding that would prevent this case from going to trial . By the Court, Chris lee L. Peck, J. ✓ 3: Sally J. Winder, Esquire - - rnw C-- For the Plaintiff e-d William R. Duncan, Esquire V 0 CD ZZ For the Defendants ip I - - C) : lfh < Duncan& Hartman,P.C. " William A. Duncan, Esquire I Irvine Row,Carlisle, Pennsylvania 17013 r f� 717.249.7780 717.249-7800 FAX 1Eh�NcY u Attorney ID 22080 I + HOPEWELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. 2007-5187 CIVIL TERM RODNEY L. YEN'IZER, 11, : CIVIL ACTION RODNEY L. YENTZER, CAROL M. YENTZER AND JEFFREY A. YENTZER, Ud/b/a DOUBLIN GAP MOTOCROSS, INC. Defendants : APPEAL FROM DISTRICT JUSTICE APPLICABLE ORDINANCES AND STATUTES AND NOW, come Defendants, by their attorney, William A. Duncan, Esquire in response to an Order entered June 6, 2013 by the Court, erroneously docketed to No. 2007-5186 Civil. Defendants herewith file of record with the Prothonotary with a copy provided to the Court and opposing counsel the applicable provisions of the Hopewell Township Zoning Ordinance enacted April, 1998 and in effect at the time of the alleged violation of the Ordinance,together with a copy of the applicable Pardon's statute enacted and in affect at the time, all of which items support a favorable ruling as to Defendants Motion to Dismiss pending before the Court. Respectfully submitted, � � M 4w�t-cl� William A. u an,Esquire Attorney for Defendants June 10, 2013 HOPEWELL TOWNSHIP IN THE COURT OF COMMON PLEAS OF BOARD OF SUPERVISORS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION-LAW RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER and JEFFREY A. YENTZER, tJdlbla DOUBLIN GAP MOTOCROSS, INC., Defendants NO, 07-5186 CIVIL TERM ORDER OF COURT AND NOW, this 6`s day of June, 2013, upon consideration of Defendant's Motion To Dismiss, and it appearing that any ordinances, permits, conditional use permits, enforcement provisions and any other Hopewell Township ordinances relevant to each party's respective position on the Defendant's motion to dismiss have not been filed of record, it is hereby ordered that, within 5 days of the date of this order, both parties are ordered to file of record the exact language of any Hopewell Township ordinances. permits, conditional use permits, enforcement notion provisions, or other ordinances that were in effect at the time of the alleged violations by the Defendants. BY THE COURT, Christyl6e L. Peck, J. Sally J. Winder, Esq. P.O. Box 341 Newville, PA 17241 �3 ' Attorney for Plaintiff x i i ram A. Duncan, Esq.ineRow 33M Carlisle, PA 17013 5; m :- Attorney for Defendants - - ZONING ORDINANCE HOPEWELL TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA April 1998 TABLE OF CONTENTS Section 8.06 Off-Street Parking . . . . . . . . . . . . . . . . 8-5 Section 8.07 Signs . . . . . . . . . . . . . . . . . . . . . 8-5 Section 8.08 Service Entrances . . . . . . . . . . . . . . . . . . 8-5 ARTICLE 9. I-I,LIGHT INDUSTRIAL DISTRICT Section 9,01 Purpose. . . . . . . 9-1 Section 9.02 Permitted Uses. . . . . . . . . . . . . . . . . 9-1 Section 9.03 Accessory Uses . . . . . . . . . . 9-3 Section 9.04 Conditional Uses . . . . . . . . . . . . . . . . . 9-3 Section 9.05 Area and Yard Regulations . . . . . . 9-4 Section 9.06 Landscaping and Screening . . . . . . .9-4 Section 9.07 Off-Street Parking . . 9-5 Section 9.08 Signs . . . . . . . . . . . . _ . . . . 9-5 Section 9.09 Fences . . . . . . . . . . . . . . .9-5 ARTICLE lo. NONCONFORMING USES, STRUCTURES,AND LOTS Section 10,01 Continuation and Expansion . . . . . . . . . . . 10-1 Section 10.02 Changes of Use or Zoning. . . . . . . . . . 10-1 Section 10.03 Abandonment . . . . . . . . . . . . . . . . . . . 10-1 Section 10.04 Replacement of Nonconforming Structures . . . . . . . .10.2 Section 1095 Repairs and Maintenance . . . . . . . . . . . . . . . 10-2 Section 10.06 Registration of Nonconforming Uses and Structures . . . . . 10-2 Section 10.07 Nonconforming Lots of Record, . . . . . . . . . . . . 10-2 ARTICLE 11. CONDMONAL USES Section 11.01 Purpose . . . . . . . . . . I1-1 Section 11.02 Applicability . . . . . . 11-1 Section 11.03 Procedures . . . . . . . . . . . . . . . . . Section 11.04 Compliance -I(- Section 11.05 General Use Standards . . . . . . . . . . 11-5 Section 11,06 Additional Standards For Specific Conditional Uses . . . . . 11-6 HOPEWELL TOWNSHIP ZONING ORDINANCE Page viii TABLE OF CONTENTS ARTICLE 12. SUPPLEMENTAL REGULATIONS Section 12.01 Yard and Lot Regulations . . . . . . . . . . . . 12-1 Section 12.02 Budding or Structural Height Exemptions . . . . .12-2 Section 12.03 Performance Standards . . 12-2 Section 12.04 Prohibited Uses In All Districts . . _ . . . . 12-5 Section 12.05 Uses Not Provided For . 12-6 Section 12.06 Home Occupations . . . . . . . . . . . . . . . 12-6 Section 12.07 Accessory Structure Regulations . 12-7 Section 12.08 Essential Services 12-8 Section 12.09 Swimming Pools . . . . . . . . . 12-8 Section 12.10 Fences and Wads. 12-9 Section 12.11 Mobile Homes Not Located in Mobile Home Parks, t2-10 Section 12.12 Off-Street Parking . . . . . . . . . . . 12-10 Section 12.13 Signs . . . . . . . . . . . . . 12-16 Section 12.14 Communication Towers and Buildings for Antenna Facilities Where Permitted as Conditional Uses . . 12-22 ARTICLE 13. ADMINISTRATION, PERMITS,AND FEES Section 13.01 Duties of Zoning Officer . . . . . . . . . . . . 13-1 Section 13.02 Zoning Permit . 13-2 Section 13.03 Inspections . . . . . . . . . Section 13.04 Certificate of Use . . . . . . . . . . . . . . . .134 Section 13.05 Fees - . 13-4 ARTICLE 14. ENFORCEMENT, VIOLATIONS,AND PENALTIES --*' Section 1401 Enforcement Notice . . . . . . . 14-1 Section 14.02 Causes of Action .. 14-2 Section 14.03 Jurisdiction . . . . . . . . . . . . . . . . 14-2 Section 14.04 Enforcement Remedies . . . . . . . . . . . . . . . 14-2 ARTICLE 15. ZONING HEARING BOARD Section 15.01 Creation of Zonig Hearing Board and Appointments. . 15.1 Section 15.02 Alternate Members. . . . . . . . . . 15-1 Section 15.03 Removal of Members 15-1 HOPEWELL TOWNSHIP ZONING ORDINANCE Page ix Article 11. CONDITIONAL USES In the event such permit is not approved,or is approved subject to conditions which are not acceptable to the applicant, the applicant may(1) request that the Board reconsider its decision; (2) appeal such decision to court; or, (3) abandon the application at the expiration of the fifteen day period. Section 11.4 Compliance. Every conditional use permit shall be predicated upon the proposed development or use complying with all requirements of this article, other applicable requirements of the Hopewell Township Zoning Ordinance, including Section 12.02 Performance Standards. the Hopewell Township Subdivision and Land Development Ordinance, and any other applicable Township, State or Federal laws. The violation of any condition of approval shall be considered a violation of this article, and as such subject to the enforcement remedies of Article 14 of this ordinance. Section 11.05 General Use Standards. No application for a conditional use permit shall be approved unless the Board of Supervisors specifically finds the proposed conditional use appropriate in the location for which it is proposed. This finding shall be based on the following criteria: A. The proposed use shall be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this article or any other plan, program, map or ordinance adopted, or under consideration pursuant to official notice by the Township. B. There shall be a community need for the proposed use at the proposed location. Also, in light of existing and proposed uses of a similar nature in the area and of the need to provide or maintain a proper mix of uses both within the Township and also within the immediate area of the proposed use: d i 1. The proposed use in the proposed location shall not result in either a detrimental over-concentration of a particular use within the Township or within the immediate area of the proposed use; and 2. The area for which the use is proposed is not better suited for or likely to be needed for uses which are permitted as a matter of right within that district, in light of policies or provisions of the Comprehensive Plan, the Zoning Ordinance, or other plans or programs of the Township. 3. The proposed use, as presented, should be able to meet the applicable requirements of this ordinance and the Hopewell Township Subdivision and Land Development Ordinance without variance or modification. Depending on HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 11,PAGE 5 ARTICLE 14 ENFORCEMENT,VIOLATIONS,AND PENALTIES Section 14.01 Enforcement Notice. A whenever the Zoning Officer or other authorized Township representative determines that there are reasonable-grounds to believe that there has been a violation of any provision of this ordinance, or of any regulation adopted pursuant thereto, the Zoning Officer Sh& initiate enforcement proceedings,by sending an enforcement notice as provided in this Section. B. The enforcement notices shW be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record. C. An enforcement notice,gW state at least the following: 1. The name of the owner of record and any other person against whom the Township intends to take action 2. The location of the property in violation. 3. The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the ordinance. 4. The date before which the steps for compliance must be commenced, not to exceed thirty (30) days from receipt of notice, and the date before which the steps must be completed. 5. An outline of remedial action which, if taken, will effect compliance with the provisions of this ordinance, or any part thereat and with any regulations adopted pursuant thereto. 6. A statement indicating that the recipient of the notice has the right to appeal to the Zoning Hearing Board within a prescribed period of tune, in accordance with procedures set forth elsewhere in this ordinance. 7. A statement indicating that failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation,with possible sanctions clearly described. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 14,PAGE I i Article 14. ENFORCEMENT, VIOLATIONS, AND PENALTIES i Section 14.02 Causes of Action. N In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of any ordinance enacted under this act or prior enabling laws, the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected try the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain;correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be saved upon the municipality at least 30 days prior to the time the action is begun by serving a copy of the complaint on the governing body of the municipality. No such action may be maintained until such notice has been given. Section 14.03 Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under Section 14.02. Section 14.04 Enforcement Remedies. A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this zoning ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs,including reasonable attorney fees incurred by a municipality as a result thereof. No judgment sbali commerce or be imposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the ' municipality may enforce the judgment purmant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. AD judgments, costs and reasonable attorney fees collected for the violation of this zoning ordinance shad be paid over to the Township. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 14, PAGE 2 Article 14. ENFORCEMENT, VIOLATIONS,AND PENALTIES I B. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown,tolling the per diem fine pending a final adjudication of the violation and judgment. C. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section. i r I HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 14,PAGE 3 I i § 10616.1. Enforcement notice - WestlawNext Page 1 of 2 c:..N6F1 NOTES OF DECISIONS(471 §10616.1 Enforcement nonce a mega peRn I'll 3iT I "Int rpiteueeantukS,n i-, ral 1 r1 r u 6nmmq..lu � mrene 6 yea ti^� Pen 1. ;i n—1 Must ip.J L, GnnsC e:rrrm (I n Penns)t n irlp:.tinaem ,nut tRef<e.l�.nr,q Mey cr•,m.ienga addee t7.Anne, oinlia Non s an¢ 54 CLg lebl6.1 Prewm Jortol a.iaetm Preservmononssoe §to616.t.Enforcement notice cabal. (a)If it appears to the munropenN that a violation of any zoning ordinance enacted under this act or prior enabling laws has occurredt the municipality shall initiate enforcement proceedings by sending an enforcement notice as provided In this section. (b)The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred to any person who has filed a written request to receive enforcement notices regarding that parcel,and to any other person requested In writing by the owner of record (c)An enforcement notice shall state at least the following_ (1)The name of the owner of record and any other perecn against whom the munh ipa ny intends to take action. (2)The location of the propeM in violation (3)The specific violation with a resonance of the ornaments which have not been met, citing In each Instance the appluable pmvwions of the entrance. (4)The date before which the steps for prom ianre must be commenced and the date before which the steps must be completed. (5)That the recipient of the notice hag the right to appeal to the zoning hearing board within a presuibed period of time in accordance with procedures set man In the ordnance. (6)That hiions to comply with the notice within the are specified,unless extended by appeal to the advi hearng board Constitutes a violation,with passible sanctions clearly described. (d)In any appeal of an enforcement notice to the zoning hearing board the muncipality shall have the responslOAny of presenting its evidence first. (a)Any filing fee pall by a party to appeal an enforcement notice to the zoning hearing board shall be returned to the appealing paTy by the municipality if the zoning hearing board or any obtain In a subsequent appeal rules In the appealing party's favor. Credits 1860.July 31,P .605.No 247,ad VI §6151,added 1900,rer 21.P . 1329.No 170.it 60,efletlrva in fie days Amended 1996.C, 18.P . 1102 No 165.§2,eRective In 60 days. Notes of Decisions(47) 53 P S.§106161.PA 5T 53 P 6 §10616.1 Current through Regular Session Act 20134 End of Document .r o� ere.�u eY o.a., oa 1111-1 lit, t�.e_r a. 9pn Gn https://a.next.westlaw.com/Doc=entfN9273E950343211 DA8A989F4F,ECDB8638NiewL_ 6/10/2013 I Duaean&Hartman,P.C. j W itliam A.Duncan,Esquire I Irvine Row,Carlisle,Pennsylvania 17013 717.249.7780 717.249.7800 FAX Anomey ID 22080 HOPEWELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO.2007-5187 CIVIL TERM RODNEY L.YENTZER,11, : CIVIL ACTION RODNEY L. YENTZER,CAROL M. YENTZER AND JEFFREY A. YENTZER,t/d/b/a DOUBLIN CAP MOTOCROSS, INC. Defendants :APPEAL FROM DISTRICT JUSTICE ANSWERS TO INTERROGATORIES 1. Identify the persons to whom the enforce notice required by section 14.01 of the Hopewell Township Zoning Ordinance adopted April 20, 1498 were sent. No enforcement notices were required in this case. Civil complaints were filed and notice of the - claim sent to alf individual defendants and the corporation. r Respectfully submitted, hIL J Sally J. Npnder, EsquireT Attorney for Plaintiff P.O. Box 341 Newville, PA 17241 (717}776 6656 HOPE WELL TOWNSHIP BOARD : IN THE COURT OF COMMON PLEAS OF OF SUPERVISORS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 2007-5187 CIVIL TERM RODNEY L. YENTZER, 11, : CIVIL ACTION RODNEY L. YENTZER, CAROL M. - YF.NTZER AND JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC. -- Defendants : APPEAL FROM DISTRICT JU3*E CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Applicable Ordinances and Statutes by depositing same in the United States Mail, first class, postage pre- paid on the 10th day of June, 2013 from Carlisle. Pennsylvania, addressed as follows: Sally J. Winder P.O. Box 341 Newville, PA 17241 "o�i C Gj/_ William A. Duncan, Esquire Attorney for Defendants HOPEWELL TOWNSHIP IN THE COURT OF COMMON PLEAS OF BOARD OF SUPERVISORS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION-LAW RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER and JEFFREY A. YENTZER, t/d/b/a DOUBLIN GAP MOTOCROSS, INC., Defendants NO. 07-5187 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of June, 2013, the Court having ordered the parties to file copies of pertinent sections of the Hopewell Township Zoning Ordinance, and the parties having instead sent the requested documents to this Court off the record, it is hereby ordered that the documents provided by the parties shall be filed of record. The documents submitted by Plaintiff are attached to this Order as Exhibit A and the documents submitted by the Defendant are attached to this Order as Exhibit B. BY THE COURT, Christy4ee L. Peck, J. wally J. Winder, Esq. - (2o 072Z,tv P.O. Box 341 Newville, PA 17241 Attorney for Plaintiff s- o / cn o William A. Duncan, Esq. _ _ aE�,J��t,.�, �u C) / --=, / o r 1 Irvine Row �� Y Carlisle, PA 17013 Attorney for Defendants &A`h 3 Exhibit A Sally J Winder 7171245 p.2 DECISION OF HOPEWELL TOWNSW SUPERVISORS- ConMonai Use Application for D mb%Gap Motoeross,Inc. APPLICANT'S NAME: Doublin Gap Motocross,Inc LOCATION OF PROPERTY: WkJ=d Trwt,Newburg,Pennsylvania APPLICANT'S ADDRESS: 100 Reasner Lane,Newburg,Pamylvania DATE OF APPLICATION: Accepted as complete November 17,2005 DATE OF HEARING: December 6,2005,continued with agreement of the Applicant to January 18,2006 DATE OF DECISION: February 6,2006 DECISION TN 3I TGS OF FACI'S I.The Applicant is Doublin Gap Motocross,Inc.laving an address of 100 Rutter Lane, Newburg,Pennsylvania 17240. 2.Tbe Applicant is requesting a conditional use approval under Section 4.04 E.of the Hopewell Township Zoning Ordinance,dated April 1998,for the purpose of using a designated area of the Wickard Tract for parking,ticket booths and an access drive all as set forth on the Plan marked Applicant's Exhibit 4 and the Conditional Use Permit Application supplement submitted as park of the Application and dated September 23, 2405. 3.Under Se cdon 4.04.Conditional Uses,Subsection E.Retail Business,Business, Personal,Repair Services red'e comes Article 11,Section 11.06E.,of the Hopewell 1 , Sally J Winder 7171245 p.3 Township Zoning Ordinance sets out a listing of regulations which are to be met in order to qualify for a conditional use,granted by the Board of Supervisors for retail business. 4.Testimony was taken from Rod Yeatzer and other witnesses with respect to the various t-egW,vjons sot out undcr Section 4.04 E.,and Article 11,Section 11.06FB_ S. The request for conditional use was advertised in the News-Chronicle and all adjacent land owners were provided certified mail notice of the scheduled hearing as well as evidenced by the proof of publica[ion and rat urn receipt cards Clcd in this matter. 6. The oonditionai use requested was for the tract of land,the Wickard Thera,delineated on the drawing marked Applicant's Exhibit 5-A,B,C admitted and made part of the record - 7.The proposed driveway on the Plan will intersect Pa Route 696 at a point where safer access to the Motocross track is obtainable based upon Applicant's testimony and that of Applicant's engineer. 8.The proposed point of access for the new driveway is the intersection of Pa Route 696 and an existing farm lane which traverses the meadow to the barn and will be extended from that point to lead to the existing parking as shown on the Plan. 9.The proposed access drive will be a minimum of 24 feet in width and constructed in accordance with the Hopewell Township Zoning ordinance and all other state requirements for the access drive in compliance with the Highway Occupancy Permit which Applicant is required to obtain from Pennsylvania Department of Transportation prior to installing it using this access drive. 10.The Applicant proposes to construct this road such that the grade at the intersection of the drive and Pa.Ratite 696 will be no greater than a 3%grade. 11.Applicant proposes that all traffic for attendees and the Applicant's tenants who occupy the dwelling house on another tract will use the new access drive for their primary ingress and egress.However,Applicant will maintain Reasner Lane itself for emergency and medical access to the tenant house and motocross. 12.Applicant will be required to meet-all State and Federal statutes,regulations,and requirements of the Pennsylvania Department:of Environmental Protection and obtain all applicable permits for design and construction of the water crossing required to cross the run and wetlands as shown on the Plan. 13.Applicant testified and agreed to macadam the access drive from the intersection of Pa Route 696 westward to a distance 75 feet west of the culvert or water crossing :required as above-reibrenced 2 Sally J Winder 7171245 p.4 14.Applicant intends to use the access drive as the primary access for motocross traffic, on approximately 25 days each calendar year. 15.Applicant testified gn t.he anticipated doing the same amount of business and not increasing his buusiam and drat the motocross tic consisted of pick up truekS.,trazlers and RVs hauling motorcycle trailers. 16.Applicant's Plan further shows an area delineated as overflow parking which is proposed to be screened and cansurucwd with ntvua*i anti Aalcd driving Ianw and marked for parking as shown on the Plan. This overflow padang was anticipated to be used if the other parking(off this tract)were full. 17.The overflow parking would be accessed by the new access chive which would lead up to the 2 tickeeticontrol booths which would be the transition from the accaess drive to the overflow parking or to the parking areas.noted as existing parking on the Plan. 18.Thte tickeVeontrol booths would be sheds of 8 feet by either 10 feet or 12 feet in size used for taking admission and filling out paperworL 19.Applicant did not plan to erect any lighting or sound system in the overflow parking area. 20.Applicant shows screening of the Pang area on its Plan. 21.Applicant's current entrance is narrow and unsafe beemm of the narrow 16 foot width of the right-0f--way and the grade and turn in the immediate vick*of the intersection of Reasner Lane and Pa.Route 696. 22.Applicant cannot expand the width of his current access drive because his legal right of-way is limited to 16 feet as set forth in Applicant's F.xhi-bit 4. 23.The proposed access drive will be widen`than the existing Reasner Lane by at least 8 feet and at the intersection with Pa.Route 696 will be at least 24 feet wide with the requisite turning radii and pups a center turn lane as determined and designed by Pennsylvania Tilt of Tmasportatiion and set forth m the Highway Ocxuprancy Permit, 24.Applicant's engineer,testified drat Applicant will submit its highway owupenr y permit application with drawings and propose a deceleration and acceleration lane approaching the new access drive from Newburg and leaving the access drive toward Shippensbung as shown on the plan.Further,Applicant will propose that the access drive provide for a turn lane to promote safety and proper turning radii for large K.'Vs and vehicles larger than ordinary automobiles and pick-ttp t=ks hauling motorcycle trailers. 25.Neighbors of the Motors testdied that the Applicant has made promises to the Township previously concerning the manner in which the motocross would be nun but 3 Sally J Winder 7171245 P.5 has failed to follow through;stated that the motocross Starts Wb re clwreb services are over contrary to prior agents;attendees are allowed to camp overnight in the existing paAdng areas;fireworks have occasionally lit up the sky;residents can hem the attendees talking and"carrying on". 26.Neighbors also testified that the TowasNp Supervisors have found it necessary to file court actions against the motocross for failure to comply with Township ordinances, concerning Large Event Permits and overnight camping at the Motocross. 27.Neighbors are concerned that the Motocross is attempting to expand their non- conforming use onto newly acquired lands,namely the Wiekard Tract delineated on the Plan for the Conditional Use. 28.The business we proposed for the Wickard Tract is overflow parldag,2 ticketicontrol booths,and the building of the access drive with a waterway crossing either as a culvert or bridge as deterntnirneci by the Pennsylvania Department of Environmental Protection. 29.Applicant has submitted a copy of the Wetland Delineation Report,Applicant's Exhibit 9,and Exhibit 8,the Department of Environmestal.Protection Natural Diversity Inventory Search Form and the U.S.Army Corps of Engineers Bog Turtle Habitat Screening general permit all of which verify the wetlands boundaries and the absence of bog turtles and show no conflicts with ecological r sot re w of special concern with in the specified conditional use area. 30.The Applicant addressed the desirability of a new access drive for the Motocross which will provide safer access to the motocross from Pa.Route 696 and will be improved to provide a macadam black top surface in accord with the Hopewell Township Planning Commission review comments.Applicant also stated that the remainder portion of the access drive will conform to Township standards for stone with a dustless surface and that the access drive will be watered to keep dust from going off the Wickard Tract. C MCLi MOM©F LAW The Board of Supervisors makes the following conclusions of law. 2. The Applicants have addressed all ofthe applicable regulations of the Hopewell Township Zoning Ordinance Article 4. Section 4.44 E. 2. The Applicant has addressed all of the other relevant provisions of the Ordinamce and the proposed use will be detrimental to the primary and permitted rises of 4 Sally J Winder 7171245 p.6 the Wiekwd Tract so far as the overflow parking is concerned.The expansion of parking area is unnecessary as the Applicant stated that he did not propose to expand his business but sought to provide safer parking.The Supervisors find that Applicant did not demonstrate that the current parking at the Motocross is in an unsafe manner but that the Applicant is capable of using his present parking axes in a safe manner to accommodate his present needs for pawing. The Applicant did demonstrate an ongoing need for a safer access chive do the motocross and for the tenants occupying the tenant house on the other property of Applicant and the accompanying ticket booths. The Board of Supervisors recognize that the Applicant must file for and obtain a highway occupancy permit from the Pennsylvania Department of Transportation prior to constructing the access drive intersection with Pa.Route 696.In conjunction with the designing of the access drive intersection the Supervisors may submit comment and requests for special considerations to the traffic engineers at Pennsylvania Department of Transportation(PenmDOT).Further,the Supervisors acknowledge that the Department of Environmental Protection(DEP)has jurisdiction over the water crossing which will be required for the access drive crossing the stream which transverses the drive and present farm lane.All of these designs,regulations,and permits will need to be obtained by Applicant in order to implement the Conditional Use granted in this decision. Decision_ The Board of Supervisors find that the Applicant is entitled to a conditional use permit as to the access drive and the 2 ticket booths in sheds which shall be no larger than 10 feet by 8 feet.The access drive approved on condition that: 1. Applicant obtain a pennDOT highway occupancy permit in compliance with all PennDOT engmeering and design specifications including macadam from the- intersection of Pa Route 696 and the access drive for a distance extending 75 feet to the 5 Sally J Winder 7171245 p.7 west of the culvert or other waterways cxossun The access drive dewsa shall comply with Section 505 et seq of the Subdivision and Land Development Ordinance unless the specificatians herein set forth are more stringent in which case the specific shall govern the general language.The highway occupancy permit application shall include deceleration and acceleration lanes as depicted on the Applicant's Plan and shall include x center turning lane on the access drive at the intersection of Pa Route 696 as depicted on Applicant's Plan 2. Applicant shall construct the balance of the access drive m compliance with Section 505 et seq of the Subdivision and Land Development Ordinance and the same shall be improved to a dustless surface and shall be maintained as a dustless surface at all times. 3. Applicant shall obtain all necessary State and federal permits including the required Department of Environmental Protection waterways permit for constructing the culvert or waterway crossing. 4. Applicant shall design and construct the access drive such that the intersection with Pa.Rosrte 696 and the approaching access drive has a grade not greater than 3%and the access drive shall have a smooth and level crossing with any other pathways or easements crossing the access drive to provide for safe crossing by pedestrians and non motorized vehicles. 5. Applicant shall move or remove all existing fence and brash south of the intersection of the proposed acmes drive and Pa Route 696 to provide m ur num safe and clear sight distance. 6. Applicant shall screen the access drive from the point on the east side of the access drive which is south of the proposed gate and ending northwesterly along the access drive to the northern boundary of the tract which is the subject ofthe conditional use.All screening shall be a vegetative screen of coniferous bees or highgrowing evergreen shrubs planted and maintained by the Applicant with such plantings a minimum of six(6)feet high when first planted and shall be placed in a staggered double row or other approved configuration so as to provide a solid visual screen at maturity. 7. Appliu:arrt shall maintain the access to the racetrack via Reasner Lane but shall not permit such access to be used for ingress,egress,and access to the racetrack or other structures or dwellings except for fire or medical emergency. 8. Absolutely no overnight paddng,camping or other use shall be made of the tract subject to this conditional use and no lighting or sound systems shall be constructed or used upon this tract. 'Me Board of b'irporvisors finds th ,roqumt f6x overflow as shown on the Plan and requested by Applicant is denied. 6 Sally J Winder 7171245 p.8 BOARD OP SUPERVISORS OF HOPEWELL TOWNEV (SEAL) (SEAL) (SEAL) TiIE APPLICANT HAS THE PJGHT TO FILE AN APPEAL FROM TIE DECISION. OF THE BOARD OF SUPERVISORS BY FILING AN APPEAL TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA WITHN THRTY(30)DAYS OF THE DATE OF THIS DECISION. 7 Sally J Winder 71�1 245 p.2 ZONING ORDINANCE .. HOPEAWLL TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA April 1998 � ry Sally J Winder 7171245 p.3 ARTICLE 4 .A-1,AGRICULTURAL DISTRICT Section 4.01.Pdrpose. The A-1, Agricultural District includes areas of prime agricultural soils,active farms,.and other predominately agricultural uses. These regulations are designed to help protect and stabilize the characteristics associated with productive agriculture, .while allowing limited.. residential activity.The A-1 zone discourages.dense development and encourages farm and related uses of the type that do not create infrastructure demands. In an A4, Agricultural District the regulations set forth in this article and referenced by this article.shall apply Section 4.02 Perm'itted Uses. In.an A-1, Agricultural District,.no structure or.land shall be used,, and no structure shall be erected which is arranged,intended or designed to be used for other than one or more of the following uses: A. General and specialized farms,including the rising, keeping and.breeding of livestock for gain (including.cattle, hogs, horses, ponies, cows, sheep and similar livestock),. commercial riding academies, stables, and commercial kennels upon a parcel of land having an area of not less than.five(5),acres. B. Crop and tree farming, pasturing,truck gardening,horucultture,greenhouses, nurseries, ' aviaries,hatcheries,apiaries(beekeeping).and similar enterprises. C. Raising,keeping and breeding of poultry;rabbits,goats and similar animals. D. Processing of farm products'where such use is designed.to be accessory to the raising or growing of such products and is located on the same property on which.the.products are raised or grown, however,the processing of such products from other farms shall also'.be•permitted. . E. Facilities.for the commercial processing of agricultural products. F. Facilities for the warehousing, sale and service of agriculture]'.equipment, vehicles,feed.. or supplies including fertilizers, chemicals,pesticides and tools, HOPEWELL TOVINSIUP ZONING ORDINANCE ARTICLE 4,PACE 1, 7171245 p.4 Sally J Winder Article 4. A-1,AM CULTUKAL I}IS'MCT M1 al.yV..111� G. Commercial grain or commercial feed°mills. H Comixim-ciat stockyards or commercial feedlots. L Agncuttural services;which include estublishmeiits.prrmarily engaged in Peifo-' ' preparation services, crop. services, farm labor and management services - mom. agricultural extension:services and crop and livestock insurance businesses, arse establishments. I Single funnily dwellings. K Public conservation areas and structures for the eonservatiom of open space;waw. forest and wildlife resources. L. Public park:and recreation areas, forest reserves, camps,."game refuges,,and sue: non-intensive public uses. ' AL Public schools.and municipal buildings. N. Essential Services-as defined by this'ordinance. O. Churches and Cemeteries. P: Veterinarians and Animal Hospitals. Q. Mobile Home Parks (As deemed in this ordinance and pursuant to the regulatiom - Article X of the Hopewell Township Subdivision and Land Development Ordioanoe R" Horne Occupations. Section 4.43 Accessary Uses. . The following customary accessory uses and buildings incidental to any permitted uses shay permitted. " A. Uses and structures which are customarily associated with the permitted uses such a storage buildings, outdoor storage areas, yards, gardens, play areas and parking arew.. ' including private garages for the storage of vehicles as horses"and es or other co ces for ersa nation. B. .The keeping of a reasonable dumber of customary household pets or domestic animals . Alf such household pets or domestic animals shall not be penned or housed within tH$ applicable€ ininram.yard requirements of any lot. HOPEWELL TOWNSHIP ZON NG ORDINANCE- ARTICLE 4;PAGE"2 Sally J Winder 7171245 P.5 Article 11. CONU 1TIC}NAL USES A'. conditional use permit, together with any covenants, conditions or other restrictions related thereto shall be submitted as a part of the application for the new conditional use permit. 6. Conditional use permits may be granted for lease properties or structures. However, the application shall be signed by both the property owner and the tenanvIessee. Once granted, the conditional use may be continued by other tenants/lessees provided the use remains the same and all terms and conditions of the original permit are followed. B. Notifimfwn of Adjacent Proms Own r The applicant shall prepare a list of names and addresses of all property owners physically adjacent to the o for which the ' Conditional Use is requested "Ph p�3' eq "Physically adjacent shall include property across a Public or private street or right-of-way if any portion of the boundary is in direct ' alignment with that of the applicant.Properties with absentee owners shall also list tenant name and address,if applicable. The Township shall prepare a notice listing the t` date,time and place of the public hearing and the nature of the conditional use requested. Such notice shall be sent by Certified Mail to those property owners and ' tenants on the list no less than twenty-one(21)days prior to the date of the public F` hearing. Y !' C Planning f'ap mission Review, A review shall be held by the Planning Commission at its t r. next regular meeting following acceptance of the Conditional Use application by the is Township_ Acceptance of the application is deemed to occur when the application fee is accepted by the Township and a receipt for same is returned to the applicant. Complete applications for Conditional Use approval shalt be submitted fourteen(14)days prior to the date of the Planning Commission meeting at which review is desired. Applications submitted late will not be accepted, and shall be returned to the applicant for submittal the following month. Unless additional time is extended by written agreement of the applicant,the Planning t; Commission shall, at its next regular meeting following acceptance of the Conditional EUse application,render to the Board of Supervisors a recommendation to either;(1) grant approval ofthe application as submitted;(2)grant approval of the application subject to conditions;or(3)deny the application. y' In the event an application is recommended for approval with conditions by the Planning Commission, such conditions shall be communicated to the applicant and to the Board of Supervisors in writing before the next regular meeting of the Board of Supervisors. i, D. Board of Su=rAsors Review. The Board of Supervisors shall hold a public hearing„ pursuant to public notice as required by the Pennsylvania Municipalities Planning Code, within sixty(60)days of the date of acceptance by the Township of the application,and HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 11,PAGE 3 Sally J Winder 7171245 p.6 ARTICLE 11 CONDITIONAL USES Section 11.41 Purpose Conditional uses are those uses which have some special impact or uniqueness, such that their effect on the surrounding environment cannot be determined in advance of the use.being proposed for a particular location. When a conditional use is proposed, a review of the location,design,configuration and impact is conducted by comparing the proposed use to fixed standards. The findings of the review determine whether the proposed use should be permitted by weighing public need for,and benefit to be derived from,such use,against varied impacts on neighboring properties it may cause. The review considers the proposed use in terms of the existing zoning and-land use in its vicinity, and planned and proposed public and private developments which may be adversely affected;whether and to what extent.the proposed`use, at its particular location, is necessary or desirable to provide a development which is in the interest of public convenience or which shall contribute,to the general welfare of the immediate area and Hopewell Township; and whether and.to what extent all possible steps have been taken by the developer to minimize any adverse emits of the proposed use on the immediate neighborhood area and on the public health, safety,morals and welfare in general. Section 11.02 Applicability. Any use which is listed as a Conditional Use in'any zoning district established by this Zoning Ordinance shall comply with this article. Section 1103 Procedures. A. Agglica ians—Applications for a conditional use shall be submitted and approved prior to the filing of a subdivision or land development plan, and/or the issuance of a budding permit, Applications shall take the foam outlined below: All applications for conditional use permits shall be made in writing by the owner of the property for which it is sought on a form supplied by the Township and shall be filed with the Township Secretary or Zoning Officer. The application shall include four (4) copies of the following information, and shall include appropriate filing fees, if such fees are established.by the Township. 1. Legal description of the parcel(s)for which the conditional use is desired, 2. A map or maps of the subject property showing. HOP , ELL TOWNSHIP ZONING ORMANCE ARTICLE 11,PAGE 1 Sally J Winder 7171245 p.7 Article I l_ CONDMONAL USES (a) Property boundaries; (b) Total acreage; (c) Contours at two foot(25 intervals; (d) Location,width and name or all existing or previously platted streets af� utility rights-of-way; (e) Parks and other public open space, permanent easements, and Townsi boundary lines within 500 feet of the property,and (t) The location of existing utilities, drainage culverts and swales,.ands existing structures. 3. A statement of the proposed use of the parcel,together with a site plan containing the layout of the development drawn to scale showing the location and exterior dimensyons of all proposed buildings in relation to property and street limes;and (a) Information regarding planned treatment and disposal of sewage ate;: industrial wastes,water supply and storm drainage; (b). The size and arrangement of all buildings used or intended to be used f,- dwelling purposes,including the proposed density; (c) The location, size arrangement and capacity of all areas to be used f off-street parldng and off-street loading; (4) The location and dimension of all existing and proposed vehicular drip entrances,exits,traffic circulation patterns, acceleration and decelerat es lanes;and (e) The location and dimension of all existing and proposed pedestr.. entrances, exits and walkways. 4. The Planning Commission and/or the Board of Supervisors may request other data or supplemental information deemed necessary by them or by the Zoning ;F Officer to determine compliance of the proposed conditional use with the term of this zoning ordinance. 5. When a conditional use is sought for a development which is a part of r subdivision or land development plan which has received final plan approval C- for which a previous conditional use permit has been issued, the plan c- HOPEVMIX TOMWSIM1'ZONING ORDINANCE ARTTCL,E 11,.PAGE 2 Sally J Winder 7171245 p.8 i Article I L CONDITIONAL USES conditional use permit, together with any covenants, conditions or other restrictions Mated thereto shall be submitted as a part of the application for the new conditional use permit. 6. Conditional use permits may be granted for lease properties or structures. However, the application shall be signed by both the property owner and the tenantllessee. Once granted, the conditional use may be continued by other tenantsAessees provided the use remains the same and all terms and conditions of the original permit are followed. B. Zli2tif motion of Ad==Pro m Qyrners_The applicant shall prepare a list of names and addresses of all property owners physically adjacent to the property for which the Conditional Use is requested. "Physicalty adjacent" shall include property across a public or private street or right-of-way if any portion of the boundary is in direct alignment with that of the applicant. Properties with absentee owners shall also list. tenant name and address,if applicable. The Township shall prepare a notice fisting the' date,time and place of the public hearing and the nature of the conditional use requested Such notice shall be sent by Certified Mail to those property owners and tenants on the list no less than twenty-one(21)days prior to the date of the public hearing. C Planaim Commission Review. A review shall be held by the Planning Commission at its next regular`meeting following acceptance of the Conditional Use application by the Township. Acceptance of the application is deemed to occur when the application fee is accepted by the Township and a receipt for same is returned to the applicant. Complete applications for Conditional Use approval shall be submitted fourteen(14)days prior to the date of the Planning Commission meeting at which review is desired. Applications submitted late will not be accepted, and shall be returned to the applicant for submittal the following month. Unless additional time is extended by written agreement ofthe applicant,the Planning Commission shall,at its next regular meeting following acceptance of the Conditional Use application,render to the Hoard of Supervisors a recommendation to either;(1) grant approval of the application as submitted;(2)grant approval of the application subject to conditions;or(3)deny the application. a In the event an application is recommended for approval with conditions by the Planning Commission, such conditions shall be communicated to the applicant and to the Board of Supervisors in writing before the next regular meeting of the Board of Supervisors. D. Bra d of so Board of Supervisors shall hold a public hearing, tnimiant to public notice as required by the Pennsylvania Municipalities Planning Code, within shrty(60)days of the date of acceptance by the'I ownslfip of the appliunuUa,and HOPEMMLL TOWNSHIP ZONING ORDINANCE ARTICLE 11,PAGE 3 Sally J Winder 7171245 P.9 Article 11. CONDITIONAL USES f " resider its decision not more than forty--five 45 folio the date of the public rty { } days following p i hearing, unless the applicant agrees in writing to an extension of that deadline, The j decision of the Board shall be communicated in writing to the applicant by Certified Mail.Failure of the Board to hold a public hearing within sixty(60)days of the date of. . acceptance of the application without the written concurrence of the applicant and to ! render its decision no more than forty-five(45) days following the date of the public hearing shall constitute a recowmendation of approval by the Board of Supervisors as ` ? submitted . i E. De, rt'a,� of A,UVAga„tion_ An application for conditional use shall be denied if the Board, j' finds. 4 ? 1. That the application and record fail to establish compliance with the standards made applicable to the proposed development by the provisions of this ordinance,or 2. If the proposed use, developed in the proposed manner and at the proposed location, shall be inconsistent with the goals and objectives of the Comprehensive Plan and the standards applicable to.it pursuant to the " provisions of this ordinance;or 3. If the adverse impacts of the use or development, after review in accordance with Section 11.05 and any regulations specific to the use contained in this ordinance,and a&w taking into consideration any proposals ofthe applicant and any conditions that might be imposed by the Board pursuant to the provisions of this ordinance to ameliorate them, outweigh any public or privaw benefits of the proposal and require denial of the conditional use application in the interest of the overall public health,,safety aid welfare. F. Approval Wdh_C ndih m- The Board may, in" approving any conditional use application,impose such restrictions and conditions on such approval,the proposed use . and/or the premises to be developed or used pursuant to such approval as it determines are required by the general purposes, goals and objectives of the Comprehensive Plan and this ordinance,to prevent or n inbuize adverse effects from the proposed use and' development on other properties in the neighborhood and on the general health, safety, . morals and welfare of the Township. All conditions imposed upon any conditional use permit approval, with the e=eption of conditions made applicable to such approval by the express terms"of this article, shall be definitively set forth in the findings and decision granting such conditional use permit. G. Acknowdedp= of Anpmmtrt In the event an application for conditional use is . approved, or approved subject to conditions, the applicant shalt acknowledge such approval in writing and unconditionally accept and agree to any and all condition imposed on the approval within fifteen(15)days of receipt ofthe decision. HOPEWELL TOWIISHIP ZONING ORDINANCE ARTICLE 11,PAGE 4 Sally J Winder 7171245 p.10 Article 11. CONDITIONAL USES In the event such permit is not approved,or is approved subject to conditions which are not acceptable to the applicant,the applicant may(1)request that the Board reconsider its decision; (2) appeal such decision to court; or, (3) abandon the application at the expiration of the fifteen day period. Section 11.4 Compliance- Every conditional use permit shall be predicated upon the proposed development or use complying with all requirements of this article, other applicable requirements of the Hopewell Township Zoning Ordinance, including Section 12.02 Pccrarmance Standards, the Hopewell Township'Subdivision and Land Development Ordinance, and any other applicable Township, State or Federal laws. The violation of any condition of approval shall be considered a violation of this article,and as such subject to the enforcement remedies of Article 14 of this ordinance. Section 11.05 General Use Standards. No application far a conditional use permit shall be approved unless the Board of Supervisors specifically finds the proposed conditional use appropriate in the location for which it is proposed. This finding shall be based on the following criteria: A. The proposed use shall be.in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this article or any other plan, program::.map or ordinance adopted,or under consideration pursuant to official notice by the Township. B. There shall be a community need for the proposed use at the proposed location.Also,in light of existing and proposed uses of a similar nature in the area and of the need to provide or maintain a proper,nix of uses both within the Township and also within the immediate area of the proposed use: L The proposed use in the proposed location shall norresult in either a detrimental over-concentration of a particular use within the Township or within the immediate area of the proposed use;and 2. The area for which the use is proposed is not better suited for or likely to be needed for uses which are permitted as a matter of right within that district, in light of policies or provisions of the Comprehensive Plan,the Zoning Ordinance, or other plans or programs of the Township. 3. The proposed use, as presented, should be able to meet the applicable r ' requirements of thus ordinance and the Hopewell Township Subdivision and Land Development Ordinance without variance or modification. Depending on HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 11,PAGE 5 Sally J Winder 7171245 P.11 ' Article 14. E1tiIFORCEMI' 7';vror,ATroxs,AND PENAi,TiEs Section 14.42 Causes of Action. in case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, 'converted,, maintained or used in violation of any ordinance enacted under this act or prior enabling laws, the governing body, or,.with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenaiit of real property who shows that his property or person will.be substaihtially affected by the alleged violation, in addition to other remedies, may .institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure,landscaphig'or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the municipality at least 30 days prior to the-time the action is begun by serving a copy of the complaint on the governing body of the municipality.No such action may be maintained until such notice has been given. Suction 14.03 Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under Section 14.02. Section 14.84 Enforcemient Remedies. A. Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this zoning-ordinance shalt, upon being found- liable therefor in a civil enforcement proceeding commenced by a mimicipatity, pay a judgment of not more than$500 plus all court costs,including reasonable attorney fees incurred by a municipality as a result'thereof. No judgment shall commence or be unposed, levied or payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that,a violation continues shall constitute a separate violation, unless the District justice„ determining that there has been a violation, fiirther determines that there was a good faith basis for the person, partnership or corporation violating the ordmance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the Mh day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments,costs and reasonable attorney fees collected for the violation of this zoning ordinance shall be paid over to the Township. HOPEWELIr.TOWNSHIP ZON'NG ORMANCE _ ARTICLE 14,PAGE 2 Sally J Winder 7171245 p.12 Article 14. ENFORCEMENT, VIOLATIONS,AND PENALTIES B. The Court of Common Pleas,upon petition,may grant an order of stay,upon cause shown,tolling the per diem fmc pending a final adjudication of the violation and judgment. C. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this Section. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 14,PAGE 3 Sally J Winder 7171245 p.1 221 Doubling Gap Road P.O.Box 341 Newvib,PA 17241 Sally J. Winder 717 776.1245 fax Fcmi To: Judge Peck From: Sally I Winder Fax: 240 646V Pages: Phone: Date: 6/12113 Re: Hopewell v.Yentzer C= ❑urgent ❑For Review ❑Please Comment ❑Please Reply ❑Please Recycle •Comments: Attaching copies of ons from the Hopewell Township Zoning Ordinance in effect in 2007 As well as the Conddional Use deci ' n and conditions which apply to the grant of the conditional use Y " t e Y "tt7 Article 11. CONDITIONAL USES the type, number and degree of relief souSK the need for variance. cr, modification may be considered by the Township to be contrary to the intent,c17 this ordinance,and as grounds for denial of a Conditional Use application. G The proposed use at the proposed location shall not result in a substantial or undue adverse effect,meaning over and above that which would normally be expected to occur as a result of such development,on any ofthe following: adjacent property,the character of the neighborhood,traffic conditions,pmicw a,public improvements,public sites or rights-of-way,or other matters affecting the public health,safety and general welfare,including emergency services such as police,fire protection or ambulance, either as they now exist or as they may in the future be developed as a result ofthe implementation of provisions and policies ofthe Comprehensive Plan,this Zoning Ordinance or any other plan,program,map or ordinance adopted or under consideration pursuant to official notice,by the Township or other governmental agency having Jurisdiction to guide growth and deevelolinumt. D. The proposed use in the proposed location shall be adequately served by and shall 1M. impose an undue burden on any existing improvements, facilities, utilities or services. Where any such existing improvements, facilities, utilities or services are not adequate to service the proposed use in the proposed location, the applicant shall as part of the application and as a condition to approval of the proposed conditional use permit, be responsible for establishing ability,willingness and binding commitment to provide for.. extend or upgrade such improvements, facilities,utilities and services in sufficient time. and in a manner consistent with the Comprehensive Plain, this:ironing Ordnance, and other plans, programs, maps and ordinances adopted by the Township to guide its growth and development. E. The proposed use meets all special standards which may apply to its class-of conditional uses'as set forth in this article_ Section 11.06 Additional Standards For Specified Conditional Uses. No application for issuance of a conditional use permit shall be approved unless the Planning Commission finds, and the Board of Supervisors concur, that in addition to complying with each ofthe general standards listed in 1 LOS and all other applicable ordinances and regulations,, each of the following specific standards- as applicable to the particular use enumerated - are met. A. Car W Sh Estahtisshmpnts; Car wash establishments shall be subject to the following special regulations: 1. Minimums lot size: . . . . . . . . . . . 30,000 sq.ft. HOPEWELL TOWNSHIP ZONING ORDINANCE _ ARTICI E 11,PAGE. 6 Z-d 9t Z 616L aepulm r Aims Exhibit B r ARTICLE 4 A-1,AGRICULTURAL DISTRICT Section 4.01 Purpose. The A-1, Agricultural District includes areas of prime agricultural soils, active farms, and other predominately agricultural uses. These regulations are designed to help protect and stabilize the characteristics associated with productive agriculture, while allowing limited residential activity. The A-1 zone discourages dense development and encourages farm and related uses of the type that do not create infrastructure demands. In an A-1, Agricultural District the regulations set forth in this article and referenced by this article shall apply. Section 4.02 Permitted Uses. In an A-1, Agricultural District, no structure or land shall be used, and no structure shall be erected which is arranged, intended or designed to be used for other than one or more of the g, following uses. I� A. General and specialized farms, including the raising, keeping and breeding of livestock for gain (including cattle, hogs, horses, ponies, cows, sheep and similar livestock), commercial riding academies, stables, and commercial kennels upon a parcel of land having an area.of not less than five(5) acres. B. Crop nd tree farming, pasturing, truck gardening, horticulture, greenhouses, nurseries, P gP $ aviaries, hatcheries, apiaries(beekeeping) and similar enterprises. C. Raising, keeping and breeding of poultry, rabbits, goats and similar animals. D. Processing of farm products where such use is designed to be accessory to the raising or growing of such products and is located on the same property on which the products are raised or grown, however, the processing of such products from other farms shall also be-permitted. E. Facilities for the commercial processing of agricultural products. F. Facilities for the warehousing, sale and service of agricultural equipment, vehicles, feed or supplies including fertilizers, chemicals, pesticides and tools. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4, PAGE 1 Article 4. A-1, AGRICULTURAL DISTRICT G. Commercial grain or commercial feed mills. H. Commercial stockyards or commercial feedlots. L Agricultural services; which include establishments primarily engaged in performing soil preparation services, crop services, farm labor and management services - including agricultural extension services and crop and livestock insurance businesses, and similar establishments. J. Single family dwellings. K. Public conservation areas and structures for the conservation of open space, water, soil, forest and wildlife resources. L. Public park and recreation areas,. forest reserves, ,camps, game refuges and similar non-intensive public uses. M. Public schools and municipal buildings. N. Essential Services- as defined by this ordinance. O. Churches and Cemeteries. P. Veterinarians and Animal Hospitals. Q. Mobile Home Parks (As deemed in this ordinance and pursuant to the regulations of Article X of the Hopewell Township Subdivision and Land Development Ordinance.) R. Home Occupations. Section 4.03 Accessory Uses. The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, play areas and parking areas, including private garages for the storage of personal automobiles or other vehicles such as horses and carriages or other conveyances used for personal transportation. B. The keeping of a reasonable number of customary household pets or domestic animals. All such household pets or domestic animals shall not be penned or housed within the applicable minimum yard requirements of any lot. HOPEWELL TOWNSHIP ZONING ORDINANCE AR'T'ICLE 4, PAGE 2 Article 4. A-1, AGRICULTURAL DISTRICT C. Roadside stands for the sale of edible produce grown on the premises . D. Signs, as provided in Article 12 of this ordinance.. Section 4.04 Conditional Uses. The following uses and activities may be permitted by Conditional Use upon approval of the Board of Supervisors after a public hearing and recommendation by the Planning Commission. Uses by Conditional Use shall be subject to the requirements specified in Article 11 and elsewhere in this ordinance. A. Uses which, in the opinion of the Board of Supervisors, are of the same general character as those listed as Permitted Uses in this District and which will not be detrimental to the intended purposes of this District. The Board shall solicit the recommendation of the Zoning Officer and the Planning Commission before making its decision. B. Semi-public or private recreational areas, game and wildlife hunting and gun clubs, historical preservation areas, camps and camping grounds. C. Country clubs and golf courses. D. Accessory apartment. (See 11.06.F.) E. Retail Business;Business, Personal, and Repair Services. (See 11.06.E.) F. Trucking(as independent contractor only)no terminal facilities. G. Extractive Industry, quarrying(See 11.06.H.). H. Communication Towers and Buildings for Antenna Facilities. This conditional use may be permitted upon approval of the Board of Supervisors so long as the following regulations are met: (1) Building mounted Communications Antennas shall not be located on any single family dwelling or two family dwelling. (2) Building mounted Communications Antennas shall be permitted to exceed the height limitations of the applicable Zoning District by no more than twenty(20) feet. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4,PAGE 3 Article 4. A-1, AGRICULTURAL DISTRICT (3) Tower mounted Communications Antennas or Communications Equipment Buildings and Towers shall not exceed a maximum height of one hundred eighty(180)feet. (4) Omnidirectional or whip Communications Antennas shall not exceed twenty(20)feet in height and seven(7)inches in diameter. (5) Directional or panel Communications Antennas shall not exceed five (5) feet in height and three(3)feet in width. (6) Any applicant proposing Communications Antennas to be mounted on a Building or other structure shall submit evidence from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the Building or other Structure, considering wind and other loads associated with the antenna location. (7) Any applicant proposing Communications Antennas to be mounted on a Building or other Structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted on the f Structure for review by the Township Engineer for compliance with the Hopewell Township Ordinances, State Law, and other applicable rules t and regulations. (8) Any applicant proposing Communications Antennas to be mounted on a Building or other Structure shall submit evidence of agreements and/or easements necessary to provide access to the Building or Structure on which the antennas are to be mounted so that installation and maintenance of the antennas and Communications Equipment Building can be accomplished.. (9) Communications Antennas shall comply with all applicable standards established by the Federal Communications Commission governing t human exposure to electromagnetic radiation. (10) Communications Antennas shall not cause radio frequency interference with other communications facilities located in Hopewell Township. i (11) A Communications Equipment Building shall be subject to the height and setback requirements of the applicable Zoning District for an accessory structure. (12) The owner or operator of Communications Antennas shall be licensed by the Federal Communications Commission to operate such antennas. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4,PAGE 4 Article 4. A-1, AGRICULTURAL DISTRICT (13) Proposed construction of Communications Antennas, Towers, i Buildings, or other structures for the mounting and installation or maintenance of antennas and communications equipment buildings, structures or towers shall be located in a corridor which shall be designated on the zoning map and which will provide that all such facilities are located within one mile of the Pennsylvania Turnpike right- of-way. (14) The applicant shall demonstrate that it is licensed by the Federal Communications Commission to operate a Communications Tower; if applicable, and Communications Antennas. (15) The applicant shall demonstrate that the proposed Communications Tower and Communications Antennas proposed to be mounted thereon comply with all applicable standards established by the Federal Communications Commission governing human exposure to j electromagnetic radiation. (16) Communications Towers shall comply with all applicable Federal Aviation Administration, Commonwealth Bureau of Aviation and applicable Airport Zoning Regulations. (17) Any applicant proposing construction of a new Communications Tower shall demonstrate that a good faith effort has been made to obtain permission to mount the Communications Antennas on an existing Building, Structure or Communications Tower. A good faith effort shall require that all owners of potentially suitable Structures within a one-quarter (1/4) mile radius of the proposed Communications Tower site be contacted and that one (1) or more of the following reasons for not selecting such Structure apply: (a) The proposed antennas and related equipment would exceed the structural capacity of the existing Structure and its reinforcement cannot be accomplished at a reasonable cost. (b) The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing Structure and the interference cannot be prevented at a reasonable cost. (c) Such existing Structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4, PAGE 5 Ii I Article 4. A-1, AGRICULTURAL DISTRICT (d) Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such Structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. (e) A commercially reasonable agreement could not be reached with the owners of such Structures. (18) Access shall be provided to the Communications Tower and Communications Equipment Building by means of a public street or easement to a public street. The easement shall be a minimum of twenty (20) feet in width and shall be improved to a width of at least 10 feet with a dust-free, all weather surface for its entire length. (19) A Communications Tower may be located on a lot occupied by other principal Structures and may occupy a leased parcel within a lot meeting the minimum lot size requirements for the Zoning District. (20) Recording of a plat of subdivision or land development shall not be required for a lease parcel on which a Communications Tower is proposed to be constructed, provided the Communications Equipment Building is unmanned. (21) The foundation and base of any Communications Tower shall be set back from a property line (not lease line) located in any Agricultural District at least one hundred (100) feet and shall be set back from any other property line(not lease line) at least fifty(50)feet. (22) The Communications Equipment Building shall comply with the required yards and height requirements of the Agricultural District for an accessory structure. (23) The applicant shall submit certification from a Pennsylvania registered professional engineer that a proposed Communications Tower will be designed and constructed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Hopewell Township Building Code. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4,PAGE 6 Article 4. A1, AGRICULTURAL DISTRICT (24) The applicant shall submit a copy of its current Federal Communications Commission license; the name, address and emergency. telephone number for the operator of the Communications Tower; and a Certificate of Insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the Communications Tower and Communications Antennas. (25) All guy wires associated with guyed Communications Towers shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure. (26) The site of a Communications Tower shall be secured by a fence with a maximum height of eight feet to limit accessibility by the general public. (27) No signs or lights shall be mounted on a Communications Tower, except as may be required by-the Federal Communications Commission, Federal Aviation Administration or other governmental agency which has jurisdiction. (28) Communications Towers shall be protected and maintained in accordance with the requirements of the Hopewell Township Building Code; (29) If a Communications Tower remains unused for a period of twelve (12) consecutive months, the owner or operator shall dismantle and remove the Communications Tower within six (6) months of the expiration of such twelve (12)month period. (30) No conditional use permit shall be finally approved unless and until the applicant shall provide for the deposit with the Township of financial security, in an amount sufficient to cover the cost to dismantle and remove the Communications Tower, antenna, -or any associated facilities, including structure and buildings within six (06) months of the date upon which the communications tower or facilities remain unused for a period of twelve (12) consecutive months. The party providing the financial security shall be the owner or operator. Such financial security shall be posed with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security and acceptable to the Township Supervisors provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth. The amount of financial security shall be based upon an estimate of the cost to dismantle and remove .� submitted by the applicant or owner or operator and prepared by a HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4,PAGE 7 i Article 4. A-1, AGRICULTURAL DISTRICT professional engineer licensed as such in the Commonwealth and certified by such engineer to be a fair and reasonable estimate of such costs. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. (31) One off street parking space shall be provided within the fenced area. Section 4.05 Lot Area and Yard Regulations. A. Any lot, tract or parcel used for residential purposes shall comply with the following: Minimum Lot Size: . . . . . . . . . . . . . . . . . 62,500 sq. ft. Minimum Lot Frontage at Minimum Setback Line: . . . . . 200 ft. iFront Setbacks:. . . . . . . . . . . . . . . . . . . . 50 ft. � Each Side Setback: . . . . . . . . . . . . . . . . . . 35 ft. �i Rear Setback: . . . . . . . . . . . . . . . . . . . . 50 ft. Maximum Height: . . . . . . . . . . . . . . . . . . . 40 ft. Maximum Building Coverage: . . . . . . . . . . . . . 15% Maximum Impervious Coverage: . . . . . . . . . . . . . 25% t B. Land proposed for uses other than residential shall be of sufficient area to accommodate the physical structure(s) when complying with the required setbacks, impervious coverage limits, off-street parking regulations and any other applicable regulations of this zoning ordinance. Section 4.06 Existing Substandard Lots and/or Structures. Where structures have been constructed on lots which are substandard either in area o:- minimum width, and where compliance with the minimum setbacks would be impossible o: clearly impractical, additions or alterations to such residences may be permitted to intrude intc required side and rear yard setbacks up to fifty percent (50%) of the limits stated in 4.05. I- addition, a one story porch, either open or enclosed; an attached garage or carport, provided no living quarters are constructed above or to the side; or a patio or deck, roofed or not, ma} be permitted to intrude into the front setback a .distance not to exceed ten feet. Vacar' substandard lots of record on the effective date of this ordinance may be developed using sidr or rear setbacks which are 50% of the minimums established in 4.05, depending on whether thy lot is substandard in width or area. i HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4,PAGE 8 I i i o Article 4. A-1 AGRICULTURAL DISTRICT Section 4.07 Farm Regulations. A. The keeping or raising of livestock and poultry on parcels of land less than ten (10) acres in area shall be limited to the keeping and raising of two (2) head of livestock or one hundred (100) fowl per forty thousand (40,000) square feet. No fowl or livestock may be kept on parcels of land less than forty thousand(40,000) square feet in area. � B. All farm buildings and structures other than dwellings shall not be constructed closer than 50 feet to a front property line nor closer than 50 feet to a side or rear property fine. Farm buildings and structures other than dwellings, which are rendered nonconforming by this ordinance may be expanded along such nonconformity as long as no further encroachment into the required setback occurs. t C. Farm dwellings shall observe the setbacks and maximum height limitations of Section 4.05. D. For all farming operations, whether housed inside a barn or other structure, established for the nurturing of fowl or livestock, a zoning permit shall be issued by the township zoning officer after such officer determines that the person responsible for the farming ' operation has complied with all state, federal and township regulations for manure management and a manure management plan for such operation is approved in accordance with state regulations and a copy of such plan is on file with the township. Such plan shall become a condition of each zoning permit issued. Failure to comply with the manure management plan on file shall be cause for the township, through the D zoning officer, to revoke the zoning permit. Section 4.08 Notice to Non-Agricultural Uses. The primary purpose of this Zoning District is to accommodate commercial agricultural operations. Non-farm dwellings or uses located within this District may be subject to some common characteristics of agriculture which are sometimes regarded as objectionable, including but not limited to: odor; dust; noise; night, holiday, early morning and weekend operations; heavy vehicle use of roads; the storage and disposal of manure; the application of fertilizers, herbicides, etc. Residents, property owners and users of property in this District should accept these factors as normal and unavoidable characteristics of an agricultural area, and are assumed to acquiesce by freely and willingly choosing to live, work or play near agricultural uses. All farming operations which are in compliance with manure management regulations as imposed by State, Federal, or Township authority shall not be subject to further restriction on account of odor except as provided under Article 11 of this ordinance, where odors emitted are not the result of normal agricultural operations. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4,PAGE 9 I Article 4. A-1, AGRICULTURAL DISTRICT Section 4„09 Off-Street Parking. Off-street parking shall be provided as required by Article 12, Section 12:11. Section 4.10 Signs. The placement, type and size of all signs erected in an A-1, Agricultural District s'--. regulated by the provisions of Article 12, Section 12.12. HOPEWELL TOWNSHIP ZONING ORDINANCE ARTICLE 4,PAS HOPEWELL TOWNSHIP IN THE COURT OF COMMON PLEAS OF BOARD OF SUPERVISORS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CIVIL ACTION - LAW RODNEY L. YENTZER, II, RODNEY L. YENTZER, CAROL M. YENTZER, and JEFFREY A. YENTZER, : individually and t/d/b/a DOUBLIN GAP MOTORCROSS, INC., : Defendants. NO. 07-5187 CIVIL TERM RE: DEFENDANTS' MOTION TO DISMISS . ORDER OF COURT AND NOW, this 26' day of June, 2013, upon consideration of Defendants' Motion To Dismiss and for the reasons set forth in the accompanying opinion, the Motion to Dismiss is granted. BY THE COURT, Chri ylee L. Peck, J. --Sally J. Winder, Esq. P.O. Box 341 Newville, PA 17241 z° E m F _70 .erc:.. Attorney for Plaintiff —William A. Duncan, Esq. – �((� (?� v �r 1 Irvine Row Carlisle, PA 17013 `' Attorney for Defendants � �`�Gll3 HOPEWELL TOWNSHIP IN THE COURT OF COMMON PLEAS OF BOARD OF SUPERVISORS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. CIVIL ACTION - LAW RODNEY L. YENTZER, II, RODNEY L. YENTZER, : CAROL M. YENTZER, and JEFFREY A. YENTZER, individually and t/d/b/a DOUBLIN GAP MOTORCROSS, INC., Defendants. NO. 07-5187 CIVIL TERM RE: DEFENDANTS' MOTION TO DISMISS OPINION and ORDER OF COURT Peck, J., June 26, 2013. Before this Court is a Motion To Dismiss filed by Rodney L. Yentzer, II, Rodney L. Yentzer, Carol M. Yentzer, and Jeffrey A. Yentzer, individually and t/d/b/a Doublin Gap Motorcross, Inc. ("Defendants").' Defendants' motion seeks to dismiss the above captioned action brought by the Hopewell Township Board of Supervisors ("Plaintiff') because Defendants were never provided with an enforcement notice of the zoning ordinance violation as required by Section 10616.1 of the Pennsylvania Municipalities Planning Code ("MPC").Z For the reasons set forth below, this Court grants Defendants' motion to dismiss as this Court lacks jurisdiction. ' Mot. to Dismiss, Apr. 16, 2013. 2 Mot. to Dismiss,15, Apr. 16, 2013; 53 P.S. § 10616.1. PROCEDURAL HISTORY On August 30, 2007, Defendants perfected an appeal from judgment of the Magisterial District Judge entered in favor of Plaintiff.3 Plaintiff thereafter filed a complaint, to which Defendants answered and included new matter asserting Plaintiff's failure to send an enforcement notice.4 Defendants' Motion to Dismiss is now before this Court,5 seeking to dismiss this action based on the lack of required notice.6 Defendants aver that Plaintiff was required to send an enforcement notice pursuant to Section 14.01 of the Hopewell Township Zoning Ordinance ("the HTZO") to initiate enforcement proceedings, but that such notice was never sent to Defendants.7 Plaintiff avers that an enforcement notice was not required and that Section 14.02 of the HTZO authorizes the initiation of this action by complaint.8 'Notice of Appeal from D.J. Judgment, Aug. 30, 2007. 4 Compl., Sept. 24, 2007; Ans., Oct. 15, 2007; Ans., Mar. 4, 2013; Reply to New Matter, Mar. 26, 2013. 'Mot. to Dismiss, Apr. 16, 2013. 6 Mot. to Dismiss,14-5, 7, Apr. 16, 2013. 7 Ans., ¶ 18, Mar. 4, 2013; (Section 14.01 of the HTZO follows generally the language of Section 10616.1 of the MPC, which provides that: "If it appears to the municipality that a violation of any zoning ordinance enacted under this act or prior enabling laws has occurred, the municipality shall initiate enforcement proceedings by sending an enforcement notice as provided in this section." 53 Pa.C.S. §10616.1(a)). 8 Ans., Ex. B, Mar. 4, 2013; Reply to New Matter, ¶ 18, Mar. 26, 2013; Mot. to Dismiss, Ex. C, Apr. 16, 2013; (Section 14.02 of the HTZO follows generally the language of Section 10617 of the MPC,which provides in relevant part that: "[i]n case any ... land is...used in violation of any ordinance enacted under this act ..., the governing body ..., in addition to other remedies, may institute any appropriate action or proceeding ... to prevent, in or about such premises, any act, conduct, business or use constituting a violation." 53 Pa.C.S. §10617). 2 STATEMENT OF FACTS Defendants operate a motocross venue on a tract of land in Hopewell Township, Cumberland County.9 Defendants applied for a conditional use permit that, in part, sought to allow motocross event invitees to park and camp overnight on an adjacent tract of land located within Hopewell Township's agricultural district.10 In a decision dated February 6, 2006, Plaintiff specifically denied this part of Defendants' application." On June 22, 23, and 24, of 2007, however, Defendants allegedly allowed motocross event invitees to park and camp overnight on that adjacent tract of land.12 Plaintiff alleges that Defendants violated the uses permitted in such areas designated as agricultural under Section 4.02 of the HTZO." DISCUSSION In considering a motion to dismiss, this Court is mindful that "[w]henever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter ..., the court shall order that the action be transferred to a court of the Commonwealth which has jurisdiction ..., but if that is not possible, then it shall dismiss the action." Pa.R.C.P. No. 1032(b). In the case sub judice, this Court has been presented 9 Compl.,¶¶4-9, Sept. 24, 2007. 10 Compl.,¶¶ 5-6, Sept. 24, 2007; Dec. of Hopewell Twp. Suprvs., Cond. Use Appl. for Doublin Gap Motorcross, Inc., Feb. 6, 2006. " Compl., ¶ 6, Sept. 24, 2007; Dec. of Hopewell Twp. Suprvs., Cond. Use Appl. for Doublin Gap Motorcross, Inc., Feb. 6, 2006, ("Absolutely no overnight parking, camping or other use shall be made of the tract subject to this conditional use .... The Board of Supervisors finds the request for overflow parking as shown on the Plan and requested by Applicant is denied." Id. at p• 6,¶g.). 12 Compl., ¶¶ 5, 11, Sept. 24, 2007. 'Compl.,¶ 14, Sept. 24, 2007. 3 with a jurisdictional inquiry and must determine whether the challenged provisions involve "operational ordinance provisions in addition to, and distinct from, zoning ordinance provisions." Arbor Res. LLC v. Nockamixon Twp., 973 A.2d 1036, 1043 (Pa. Cmwlth. 2009)(citing Klein v. Shadyside Health Edu. and Res Corp and Cit�of Pittsburgh, 643 A.2d 1120, 1121 (Pa. Cmwlth. 1994). If the ordinance contains operational ordinance provisions, this Court has jurisdiction in equity to hear the challenge. Arbor Res. LLC, 973 A.2d at 1043 (citing Plymouth Twp. v. Montgomery Cnty., 531 A.2d 49, 53 (Pa. Cmwlth. 1987). If, however, the ordinance does not contain operational ordinance provisions, the zoning hearing board has exclusive jurisdiction to hear the challenge. Arbor Res. LLC, 973 A.2d at 1043, 1045. This Court, therefore, "must recognize statutory and judicial distinctions between ordinance provisions governing where the location of the facility may be (zoning provisions) and, on the other hand, how it may be technically designed and operated (operational regulations)." Id. at 1043 (citing Plymouth Twp., 531 A.2d at 50). In addressing this jurisdictional question, this Court "must review and compare the challenged ordinance provisions in the current controversy against zoning ordinances analyzed in prior decisions." Id. Sections 4.02 and 4.03 of the HTZO outline the uses and accessory uses permitted in the areas of Hopewell Township designated as an agricultural district. Section 4.02 of the HTZO and the pertinent part of Section 4.03 of the HTZO state the following: Section 4.02 Permitted Uses. In an A-1, Agricultural District, no structure or land shall be used, and no structure shall be erected which is arranged, intended or designed to be used for other than one or more of the following uses: 4 A. General and specialized farms, including the raising, keeping and breeding of livestock for gain (including cattle, hogs, horses, ponies, cows, sheep and similar livestock), commercial riding academies, stables, and commercial kennels upon a parcel of land having an area of not less than five (5) acres. B. Crop and tree farming, pasturing, truck gardening, horticulture, greenhouses, nurseries, aviaries, hatcheries, apiaries (bee keeping) and similar enterprises. C. Raising, keeping and breeding of poultry, rabbits, goats and similar animals. D. Processing of farm products where such use is designed to be accessory to the raising or growing of such products and is located on the same property on which the products are raised or grown, however, the processing of such products from other farms shall also be permitted. E. Facilities for the commercial processing of agricultural products. F. Facilities for the warehousing, sale and service of agricultural equipment, vehicles, feed or supplies including fertilizers, chemicals, pesticides and tools. G. Commercial grain or feed mills. H. Commercial stockyards or commercial feedlots. I. Agricultural services; which include establishments primarily engaged in performing soil preparation services, crop services, farm labor and management services — including agricultural extension services and crop and livestock insurance businesses, and similar establishments. J. Single family dwellings. K. Public conservation areas and structures for the conservation of open space, water, soil, forest and wildlife resources. L. Public park and recreation areas, forest reserves, camps, game refuges and similar non-intensive public uses. M. Public schools and municipal buildings. N. Essential Services —as defined by this ordinance. O. Churches and Cemeteries. P. Veterinarians and Animal Hospitals. Q. Mobile Home Parks (As deemed in this ordinance and pursuant to the regulations of Article X of the Hopewell Township Subdivision and Land Development Ordinance.) R. Home Occupations. Section 4.03 Accessory Uses. The following customary accessory uses and buildings incidental to any permitted uses shall be permitted: A. Uses and structures which are customarily associated with the permitted uses such as storage buildings, outdoor storage areas, yards, gardens, 5 play areas and parking areas, including private garages for the storage of personal automobiles or other vehicles such as horses and carriages or other conveyances used for personal transportation. HTZO §§4.02, 4.03. Pennsylvania courts have distinguished, in several cases, between operational ordinance provisions and zoning ordinance provisions. To address the jurisdictional question presented, this Court will now compare the challenged ordinance provisions with the zoning ordinances analyzed in these prior cases. In Plymouth Township, v. Montgomery County, the challenged zoning ordinances regulated "how the refuse disposal plant should be technically designed and conducted with respect to capacity and other specifications...." 531 A.2d at 53. The Plymouth Township Court held that the "need to exhaust zoning remedies under the MPC [was] clearly not present." Id. In contrast, Sections 4.02 and 4.03 of the HTZO do not set out to govern the way in which agricultural enterprises will be operated. See Arbor Res. LLC, 973 A.2d at 1045. In Arbor Resources LLC v. Nockamixon Township, the challenged zoning ordinances identified zoning districts where oil and natural gas drilling was a permitted use, established setback requirements, regulated lot size and proximity to threatened or endangered species, limited the number of well pad sites permitted on one property, provided environmental protections, required plans for public safety and financial security, and required operators to file performance bonds. 973 A.2d at 1045-46. The Arbor Resources Court held "that the challenged Ordinances [were] not operational 6 regulations" and that "the trial court appropriately declined to exercise equitable jurisdiction." Id. at 1046-47. The essence of zoning is regulating whether a particular use is permitted in a particular location. Arbor Res. LLC, 973 A.2d at 1046. It is clear that Sections 4.02 and 4.03 of the HTZO are indicative of traditional zoning concerns, rather than operational processes. Here, Sections 4.02 and 4.03 of the HTZO are part of the land use process and not unique operational regulations that become pertinent only after land use approval is granted. Id. These sections contain zoning ordinance provisions only and, therefore, the use of the statutory zoning appeal procedure as set forth by the MPC is exclusive. Id. at 1047. Unless and until those procedures are exhausted, this Court must decline to exercise equitable jurisdiction. Id. As such, an enforcement notice pursuant to Section 14.01 of the HTZO was required to initiate enforcement proceedings. Accord, 53 Pa.C.S. §10616.1(a). Accordingly, the following order is entered: ORDER OF COURT AND NOW, this 26�" day of June, 2013, upon consideration of Defendants' Motion To Dismiss and for the reasons set forth in the accompanying opinion, the Motion To Dismiss is granted. BY THE COURT, s/ Christylee L. Peck Christylee L. Peck, J. 7 Sally J. Winder, Esq. P.O. Box 341 Newville, PA 17241 Attorney for Plaintiff William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Attorney for Defendants 8