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Announcement of the Zoning Officer's Determination to Issue a Certificate of Use to Har Haven

8/18/2020

 

On May 7, 2019 a Temporary Certificate of Use was issued to Har Haven LLC to operate a resort at the facilities formerly known as Mount Haven.  The Certificate was issued for a period to begin May 9, 2019 and would conclude May 9, 2020 after which time the use of the property would be evaluated.  The Har Haven facilities were permitted to remain operational during the evaluation period.

It has always been expressed by Har Haven LLC that the property would be used as a SEASONAL resort and that the facilities would be reserved for a period of 4 to 6 weeks for the exclusive use of the School for Children with Hidden Intelligence (SCHI).

It was the Township’s determination that to be considered a seasonal resort, Har Haven LLC would have to operate the kitchen a minimum of 42 days and the motel a minimum of 183 days per year, exclusive of the use by SCHI.

It was noted that Har Haven was open for business during the summer and fall of 2019 and closed during the winter.  In the early spring, the Covid-19 virus pandemic hit Pike County.  The Pennsylvania governor issued many decrees that effected the operation of businesses in the Commonwealth.  While the motel portion of the business was permitted to remain open, the restaurant was severely restricted making the operation of the resort impractical.

Research by the Township found the occupancy of the motel and cabins under the previous ownership.  The occupancy by room was:

Cottage #1                                  Sleeps 2

          Cottage #2                                  Sleeps 2

                    Cottage #3                                  Sleeps 3

                    Cottage #4                                  Sleeps 2

                    Cottage #5                                  Sleeps 2

                    Villa # 8A                                     Sleeps 2

                    Villa #8B                                      Sleeps 2

                    Villa # 8C                                     Sleeps 2

                    Villa #10                                      Sleeps 2

                    Villa #11                                      Sleeps 2

                    Villa #12                                      Sleeps 2

                    Suite #1                                      Sleeps 2

                    Suite #2                                      Sleeps 2

                    Suite #3                                      Sleeps 2

                    Suite #4                                      Sleeps 2

                    Suite #5                                      Sleeps 2

                    Suite #7                                      Sleeps 2

           Suite #8                                      Sleeps 2

                         Suite #9                                      Sleeps 6

                  Suite #9A                                    Sleeps 2

                  Suite #9B                                    Sleeps 2

                  Suite #15                                    Sleeps 2

                  Suite #17                                    Sleeps 2

                  Suite #18                                   Sleeps 2

                  Deluxe Room #10                    Sleeps 4

                  Deluxe Room #11                    Sleeps 4

                  Deluxe Room #12                    Sleeps 4

                  Deluxe Room #13                    Sleeps 4

                  Deluxe Room #14                    Sleeps 4

                  Town House #6                        Sleeps 2 + 1*

                  Town House #7                        Sleeps 2

*It was noted that Townhouse #6 had a convertible sofa allowing for an extra guest

Therefore, the maximum room occupancy under the previous owner would be 78.  The motel and cabins have been found to be an acceptable resort use when used in their historic manner.

In addition to the sleeping rooms, the property has a restaurant and an outdoor pavilion. 

The restaurant historically was open to resort guests as well as the general public.  In addition to the serving of breakfast, lunch, and dinner, the restaurant was also a venue for banquets.  As an acceptable resort use, the restaurant will be limited to its historic usage provided that it does not overload its sewage disposal system.

The pavilion historically has been utilized by guests of the resort, day trip groups, and local clubs and organizations.  It has been found to be an acceptable resort facility.

Resorts are not listed as a use listed in Section 395 of the Dingman Township Zoning Ordinance nor defined in the Article II definitions.  However, the Resort was established prior to the enactment of the Zoning Ordinance making it a Non-Conforming Use. There was speculation among the public that the Resort would be used for purposes other than a resort as had historically taken place on the property.  Therefore, to alleviate public concerns, the zoning officer took the rare step of issuing a “Temporary Certificate of Use”, in order to verify that Har Haven’s actual usage of the property could be considered a resort and not a camp, seasonal school, or other non-resort use.  The Certificate specified that in order to be considered a Resort, Har Haven …

a.     Must operate the facility as described in the written comments that were provided by Har Haven LLC to the Dingman Township Zoning Officer.  

 

b.     May not use the property as a camp, school, or similar use for more than 6 weeks (contiguous or otherwise) in one calendar year.  If such use occurs beyond the 6-week limit, Har Haven will be required to apply for zoning approval to operate the school, camp or other use as may be determined appropriate to the situation. (It should be noted that there is no guarantee that such permit would be issued.)

 

c.      Must operate the restaurant portion of the premises for a minimum of six (6) weeks or more (42 days) total in a calendar year otherwise such use shall be considered incidental and the dominant use will be found to be the school, camp or other use. However, the time that the restaurant is used while the school, camp or other use is in operation shall not be considered toward the 6-week minimum. In the event that the restaurant is not open for the required 6-week period, a new permit to operate the school, camp, or other use shall be required. (Again, there is no guarantee that such a permit will be issued.)

 

d.     Must open the motel (etc.) to guests for a minimum of 183 days in a calendar year. In the event that the motel is not open for the required 183-day period, a new permit to operate the school, camp, or other use shall be required. (However, there is no guarantee that such a permit will be issued.)

 

Also of concern to the Township was Har Haven LLC’s operation of the facility without the required state and county approvals; specifically the lack of a state water systems permit, a license to collect state sales tax, a license to collect county room tax, and the keeping of a hotel register.

An investigation by the zoning officer found that during the trial period, Har Haven LLC has made a good faith effort meet the above noted definition of a “resort”.  Furthermore, Har Haven has made extensive upgrades to their water system and received state approval for use of the water system. Licenses to collect taxes have been obtained and a guest log is being kept.

During the trial period, it was noted that the Har Haven Resort was being marketed to a specific clientele, Such marketing is common among resorts and does not nullify the property’s use as a resort as defined by the historic use of the property.

Therefore, it is the determination of Zoning Officer that the Certificate of Use can be issued to Har Haven LLC.  The Certificate will include specific terms that must be abided by. It should be noted that the Certificate may be revoked if future investigation finds that the property is being used in a manner other than that of a resort or should the terms specified in the Certificate be violated.

This determination was made solely by the Dingman Township Zoning Officer and did not involve any input or discussion with any member of the Board of Supervisors.

Any party aggrieved by the issuance of the Certificate may, within 30 days of the date of public announcement, appeal the issuance to the Dingman Township Zoning Hearing Board.

This determination was announced at the August 18, 2020 meeting of the Dingman Township Board of Supervisors

The Certificate was issued effective August 28, 2020

Editor's note:  This report was modified to increase the number of motel / cabin occupancy to 78 due to a mathematical error in the original report.