Zoning Officer's Determination Concerning the Extension of
Har Haven's Temporary Certificate of Use
Over the years, a series of rental cabins evolved into an entity known,
at least colloquially, as the “Mount Haven Resort”.
The resort eventually
consisted of a motel, cabins, restaurant, gift shops, swimming pool and
recreational facilities, and other amenities. The Mount Haven Resort was
established prior to the enactment of the Dingman Township Zoning Ordinance and
in what would become a zoning district in which a resort could not be
established under the Ordinance.
Due to the resort being
located in a zoning district in which resorts are not listed as a use that may
be permitted and that the resort pre-dated the establishment of the zoning
ordinance, the
In early 2016, the subject property was transferred to Har Haven LLC.
Har Haven expressed to
Shortly thereafter, concerns were raised to the Township by neighboring
property owners and other township residents.
Among the concerns expressed
were that the property was being used as a children’s summer camp and that the
property was being used as a school.
Har Haven addressed these and
other concerns in conversations with township officials and in a letter to the
Township dated August 15, 2016.
To alleviate public concerns, the zoning officer
took the rare step of issuing a “Temporary Certificate of Use”, valid until
September 6, 2017, in order to verify Har Haven’s actual usage of the property
was as a resort and not as a camp, seasonal school or other non-resort use.
When Har Haven acquired the property, the principals were aware that
renovation would be required.
Later, a more thorough
examination of the buildings found that the required renovations would be much
greater than previously thought necessary.
Har Haven prepared plans to renovate the motel rooms first.
Prior to applying for a
building permit they voluntarily submitted plans for township review so that the
township officials could be assured that the project would not violate any
zoning requirements nor jeopardize the property’s Non-Conforming Use status.
On February 1, 2017, Har Haven
applied for a building permit to perform renovation work on the motel units.
The permit was issued on April
12, 2017 and the work was deemed complete and the Certificate of Occupancy for
the motel units was issued on June 30, 2017.
As part of the Commonwealth’s food service license approval, the kitchen
would have to pass the required drinking water testing and water system
requirements.
The Department of
Environmental Protection found problems with the water system and issued a “boil
water order” until such time as the necessary corrections are completed and
approved. DEP has not informed the Township that the boil water order has been
lifted, nor that the food service license has been issued.
The Temporary Certificate of Use was set to expire on September 6, 2017.
On August 15, 2017, a request
was received from a representative of Har Haven asking that the Temporary
Certificate of Use be extended for one calendar year.
It is the opinion of the Zoning Officer that:
1.
That Mount Haven was not open
under Har Haven ownership for a period of time long enough to determine its
legitimacy as a resort.
2.
That the
3.
That Har Haven has made a good
faith effort and spent a substantial amount of money to complete the renovation
work in a timely manner.
4.
That Har Haven should not be
penalized for the lack of operation that resulted from the work required to
bring the motel units and water system up to acceptable standards.
5.
That winter in
6.
That a one year extension of
the Temporary Certificate of Use should be excessive to the need of proving that
the property is being used as a resort.
Therefore, it is the determination of the Zoning Officer that the
Temporary Certificate of Use be extended until June 30, 2018 at which time the
use of the property will be re-evaluated.
The time extension should
allow the appropriate amount of time:
1.
For Har Haven to complete the
necessary upgrades to its water system.
2.
For Mount Haven to operate as
a resort through the winter, spring, and early summer seasons
3.
For the Zoning Officer to
monitor the use of Mount Haven to determine if it is being used legitimately as
a resort prior to the next exclusive reservation by SCHI.
The Temporary Certificate of Use is hereby
extended to June 30, 2018.
Any party aggrieved by this determination may,
within thirty (30) days of public announcement, appeal the determination before
the Dingman Township Zoning Hearing Board.