June 8, 2009

Mr. William Hawk, Chairman

Lower Paxton  Township Board of Supervisors

Lower Paxton Township

425 Prince Street

Harrisburg, PA 17109 

Dear Chairman Hawk:

On May 12, 2009 at the Supervisors Workshop Meeting a request 

was submitted to amend the zoning ordinance to permit the “vertical 

stacking” of condominium units. This is a very complex issue involving 

lender reluctance to give loans to units having no “common ground”. The 

gentleman representing the developer who is requesting the ordinance 

change, proposed to draw up a draft of an ordinance.

Two days later on May 14, 2009 at the Public Safety Committee 

meeting Mr. Robert Dobslaw, Esquire from Lancaster presented 

information to the commissioners regarding a decision last year by the 

Pennsylvania Commonwealth Court. The decision regarded the legal 

definitions of the terms “lot” and “unit” as used in municipal ordinances 

and it created unnecessary difficulties for municipalities. Until last year 

a “unit” was considered a part of a condominium or a planned community 

but now a “unit” is defined as a form of a “lot” requiring a formal 

subdivision and land development plan. Mr. Dobslaw stated that the 

decision is being challenged, but it will take some time before the issue

is resolved. In the interim, Mr. Dobslaw will submit a draft text 

amendment for the supervisors’ review that could be incorporated into 

the ordinances to deal with this code problem.

SWAN is formally requesting that any consideration of 

an ordinance change relating to “vertical  stacking” of condominium 

“units” or “lots” be postponed until  a legal definition of “lot” and “unit”

is resolved by the Pennsylvania Supreme Court. 

Eric Epstein, Chairman

Stay Winds Area Neighbors

4100 Hillsdale Road

Harrisburg, PA 17112

(717)-541-1101

lechambon@comcast.net

cc:

Mr. George Wolfe, Township Manager

Ms. Lori Wissler, Planing and Zoning Board Officers

Mr.  Fredrick Lighty, Esquire, Chairman, Planning Commission