ABSOLUTE AUCTION

In Cooperation With Perillo Auction Services, PA Lic. #AU004893E
PROPERTY INFORMATION PACKAGE
REF # 7-0892
ABSOLUTE AUCTION
88+/- ACRES OF
ZONED RC RESORT COMMERCIAL DISTRICT LAND
IN 2 PARCELS
Rt. 6 at Western most intersection of Owego Turnpike, Dingman Township, PA
TUESDAY, MARCH 27, 2007 @ 11:00 AM
Auction Location: Hilton Scranton & Conference Ctr., 100 Adams Ave., Scranton, PA
TABLE OF CONTENTS
DISCLAIMER
TRANSMITTAL LETTER
TERMS & CONDITIONS
BUYER’S PREMIUM
SAMPLE P&S
PROPERTY INFORMATION & PHOTOS
ENVIRONMENT INFO REQUEST & WAIVER
LOCATION MAP
JJManning.com
AUCTIONEER'S DISCLAIMER
The following information is provided to you as a
matter of convenience only, and no representation or
warranty, expressed or implied, is made as to its accuracy
or completeness.
Prospective purchasers of the auction property are
responsible for conducting such due diligence of their own
as they consider appropriate, prior to bidding at the
auction sale.
All information contained within this Property
Information Packet was derived from reliable sources and
is believed to be correct, but is not guaranteed. Buyers
shall rely entirely on their own judgment and inspection.
Announcements from the Auction Block will take
precedence over any previously printed material or any
other oral statements made.
800.521.0111
March 1, 2007
Dear Prospective Bidder:
J J Manning Auctioneers is pleased to announce we have been commissioned to sell 88+/- acres of zoned RC – Resort
Commercial District land comprised of 2 parcels off Routes 6 & 209 near the DE Water Gap with easy access to I-84, just 15 mi. from
the NJ border.
The Owners have chosen auction, the accelerated method of marketing, for the sale of this commercial property. Their
decision allows you to set the market price for this development land with your bid. You will buy the property at the lowest possible
price by bidding one increment higher than the competition. What an opportunity!
As you know, the property is being sold "as is, with all faults", be sure to inspect the property. There is a large amount of
information in this Property Information Package (PIP), please review it carefully. The auction will be held at 11:00 a.m. at the Hilton
Scranton & Conference Center, 100 Adams St., Scranton, PA. Don’t miss it! If you can’t attend but wish to make an Absentee Bid,
give us a call.
The sale is not contingent upon your ability to acquire mortgage financing. You are encouraged to pre-qualify yourself with
a lender before the auction. This will help you to bid with confidence. Read the Sample Purchase & Sale Agreement in this package.
You should consult your attorney with any questions regarding the Agreement. There can be no changes to the Agreement.
Don't forget to have the $10,000 certified deposit check made out to yourself and bring it with you to the auction. You must
show the check at registration in order to receive a Bidder Number. You must have a Bidder Number in order to bid at this open,
outcry auction.
Our experienced auction staff is available to answer your questions at (800) 521-0111, at the open house and one hour before
the auction. We welcome your calls. See you at the auction. Good luck, with your bids!
Sincerely,
Jerome J. Manning, CAI, AARE, RECS
Chairman/CEO
Justin J. Manning, CAI, AARE
President
TERMS & CONDITIONS
ABSOLUTE AUCTION
88+/- ACRES OF
ZONED RC RESORT COMMERCIAL DISTRICT LAND
IN 2 PARCELS
Rt. 6 at Western most intersection of Owego Turnpike, Dingman Township, PA
TUESDAY, MARCH 27, 2007 @ 11:00 AM
Auction Location: Hilton Scranton & Conference Ctr., 100 Adams Ave., Scranton, PA
Ref #07-0892
Terms of Sale: 10% deposit of which Ten Thousand Dollars ($10,000.00) PER PROPERTY
must be presented in cash, certified or bank check. Remainder of the 10% deposit in cash or
personal check at the time and place of sale. Balance in 45 days.
A. Make the certified deposit check payable to yourself. If you are the successful bidder, you
will endorse the check to the designated Escrow Agent.
B. Closing will take place on or before 45 days from the auction unless otherwise agreed upon by
Seller, in writing.
C. A Buyer's Premium of TEN PERCENT (10%) will be added to the high bid. Their sum will
constitute the Total Purchase Price. See Buyer's Premium explanation elsewhere in this Bidder
Information Package.
D. The property is being sold "as is, with all faults". We encourage you to thoroughly inspect
the property. You must to rely on your own inspection and judgment when bidding on this
property.
E. The property is NOT being sold with a financing contingency, so we recommend that you
pre-qualify yourself with your lending institution before bidding at the auction sale. This will
allow you to bid with confidence!
F. Other terms, if any, to be announced at the auction sale.
BUYER'S PREMIUM EXPLANATION
There will be a Buyer's Premium of 10% added to the high bid.
The total of the high bid plus the 10% Buyer's Premium shall
constitute the Contract Sales Price.
EXAMPLE:
Bid Price:
Add 10% Buyer's Premium:
Contract sales price:
$100,000.00
$ 10,000.00
---------------$110,000.00
The contract sales prices represents the total due from the buyer
and will be the amount entered on the
Purchase & Sale Agreement.
800.521.0111
PURCHASE AND SALE AGREEMENT
This __________ day of __________, 2007
1. PARTIES AND MAILING ADDRESSES
BUSINESS LOAN EXPRESS
hereinafter called the SELLER, agrees to SELL and
_________________________________________________________________________________________________
hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described
premises:
2. DESCRIPTION
The land with the buildings thereon known as Parcel ID 094.00-01-30 & Parcel ID 094.00-01-31, Dingman Township, PA.
3. BUILDINGS, STRUCTURES, IMPROVEMENTS, FIXTURES
Included in the sale as a part of said premises are the buildings, structures, and improvements now thereon, and the fixtures belonging
to the SELLER and used in connection therewith including, if any, all wall-to-wall carpeting, drapery rods, automatic garage door
openers, venetian blinds, window shades, screens, screen doors, storm windows and doors, awnings, shutters, furnaces, heaters,
heating equipment, stoves, ranges, oil and gas burners and fixtures appurtenant thereto, hot water heaters, plumbing and bathroom
fixtures, garbage disposals, electric and other lighting fixtures, mantels, outside televisionantennas, fences, gates, trees, shrubs, plants,
and ONLY IF BUILT IN, refrigerators, air conditioning equipment, ventilators, dishwashers, washing machines and dryers; and
none.
4. TITLE DEED
Said premises are to be conveyed by a good and sufficient Quitclaim Deed running to the BUYER, or to the nominee designated by
the BUYER by written notice to the SELLER at least seven days before the deed is to be delivered as herein provided and said deed
shall convey a good and clear record and marketable title thereto, free from encumbrances, except
(a) Provisions of existing building and zoning laws;
(b) Existing rights and obligations in party walls which are not the subject of written agreement;
(c) Such taxes for the then current year as are not due and payable on the date of the delivery of such deed;
(d) Any liens for municipal betterments assessed after the date of this agreement;
(e) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit or materially interfere with the
current use of said premises;
5. PLANS
If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for
recording or registration.
6. PURCHASE PRICE
The agreed purchase price for said premises is_________________________________________________________dollars, of
which
$_____________have been paid as a deposit this day and
$_____________are to be paid at the time of delivery of the deed in cash, or by certified,
cashier's, treasurer's or bank check(s)
$_____________ TOTAL
7. TIME FOR PERFORMANCE DELIVERY DEED
Such deed is to be delivered on or before 45 days of the date of this agreement at the office of SELLER’S attorney, unless otherwise
agreed upon in writing. It is agreed that time is of the essence of this agreement.
8. POSSESSION AND CONDITION OF PREMISE
Full possession of said premises free of all tenants and occupants, except as herein provided, is to be delivered at the time of the
delivery of the deed, said premises to be then (a) in the same condition as they now are, reasonable use and wear thereof excepted,
and (b) not in violation of said building and zoning laws, and (c) in compliance with provisions of any instrument referred to in clause
4 hereof.
9. EXTENSION TO PERFECT TITLE OR MAKE PREMISES CONFORM
If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the premises all as herein stipulated, or
if at the time of the delivery of the deed the premises do not conform with the provisions hereof, then any payments made under this
agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void
without recourse to the parties hereto, unless the SELLER elects to use reasonable efforts to remove any defects in title, or to deliver
possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in which event the
SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for
performance hereof shall be extended for a period of ninety days.
10. FAILURE TO PERFECT TITLE OR MAKE PREMISES CONFORM, etc.
If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, deliver possession, or make
the premises conform, as the case may be, all as herein agreed, or if at any time during the period of this agreement or any extension
thereof, the holder of a mortgage on said premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes,
then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease
and this agreement shall be void without recourse to the parties hereto.
11. BUYER'S ELECTION TO ACCEPT TITLE
The BUYER shall have the election, at either the original or any extended time for performance, to accept such title as the SELLER
can deliver to the said premises in their then condition and to pay therefore the purchase price without deduction. In which case the
SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause, if the said
premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously
restored the premises to their former condition, either (a) pay over or assign to the BUYER, on delivery of the deed, all amounts
recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial
restoration; or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to
restore the said premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the purchase
price, on delivery of the deed, equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less
any amounts reasonably expended by the SELLER for any partial restoration.
12. ACCEPTANCE OF DEED
The acceptance of a deed by the BUYER, or his nominee as the case may be, shall be deemed to be a full performance and discharge
of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the
delivery of said deed.
13. USE OF SELLER MONEY TO CLEAR TITLE
To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery of the deed, use the
purchase money or any portion thereof to clear the title of any or all encumbrances or interests, provided that all instruments so
procured are recorded simultaneously with the delivery of said deed.
14. INSURANCE
Until the delivery of the deed, the SELLER shall maintain the insurance on said premises as currently insured.
15. ADJUSTMENTS
Collected rents, mortgage interest, water and sewer use charges, operating expenses (if any) according to the schedule attached hereto
or set forth below, and taxes for the then current fiscal year, shall be apportioned and fuel value shall be adjusted, as of the day of
performance of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price
payable by the BUYER at the time of delivery of the deed. Uncollected rents for the current rental period shall be apportioned if and
when collected by either party.
16. ADJUSTMENT OF UNASSESSED TAXES
If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned on the basis of the taxes
assessed for the preceding fiscal year, with a reapportionment as soon as the new tax rate and valuation can be ascertained.
17. BROKER
BUYER acknowledges that he has engaged no real estate broker, and no real estate broker has in any way been involved in this
transaction except any broker previously registered with and acknowledged by AUCTIONEER in writing. BUYER agrees to
indemnify and hold harmless the SELLER and AUCTIONEER, including SELLER'S and AUCTIONEER'S reasonable attorney's
fees, for any claim made by any real estate broker not registered with and acknowledged by Auctioneer in writing in connection with
this transaction.
18. DEPOSIT
All deposits made hereunder shall be held in escrow by seller’s designated escrow agent subject to the terms of this agreement and
shall be duly accounted for at the time for performance of this agreement. In the event of any disagreement between the parties, the
escrow agent may retain all deposits made under this agreement pending instructions mutually given by the SELLER and the
BUYER.
19. BUYER'S DEFAULT
If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the BUYER shall be retained by
the SELLER as liquidated damages.
20. CONTINGENCIES
BUYER acknowledges that this Agreement contains no contingencies affecting the BUYER'S obligation to perform. If the sale as
contemplated herein is not consummated for any reason, except SELLER'S inability to deliver good, clear, marketable record or
insurable title, then the deposit paid by the BUYER upon the execution of this Agreement shall inure to and become the property of
the SELLER, all as provided in Paragraph (19) hereof.
21. WARRANTIES AND REPRESENTATIONS
The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has he relied upon any
warranties or representations not set forth or incorporated in this agreement or previously made in writing. The BUYER further
acknowledges that he is buying the Property as is, with all faults and without warranty of any kind, whatsoever.
22. CONSTRUCTION OF AGREEMENT
This instrument, executed in multiple counterparts, is to be construed as a Pennsylvania contract, is to take effect as a sealed
instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their
respective heirs, devisee, executors, administrators, successors and assigns, and may be canceled, modified or amended only by a
written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their
obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not
to be considered a part of this agreement or to be used in determining the intent of the parties to it.
23. LEAD PAINT LAW
The BUYER acknowledges that whenever a child or children under six years of age resides in any residential premises in which any
paint, plaster or other accessible material contains dangerous levels of lead, the owner of said premises must remove or cover said
paint, plaster or other material so as to make it inaccessible to children under six years of age. BUYER further acknowledges that he
has been notified of said lead paint law by SELLER and AUCTIONEER.
NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney.
______________________________, Seller
____________________________________________
BUYER
______________________________________________
By:
_______________________________________________
By:
_____________________________________________
BUYER
_______________________________________________
Buyer’s Mailing Address (Street or P.O. Box)
_____________________________________________
Buyer’s Attorney (Name)
_______________________________________________
Buyer’s Mailing Address (City, State & Zip Code)
_____________________________________________
Buyer’s Attorney (Firm)
_______________________________________________
Buyer’s Daytime Phone
_____________________________________________
Buyer’s Attorney’s Address (Street or P.O. Box)
_______________________________________________
Buyer’s Evening Phone
_____________________________________________
Buyer’s Attorney’s Address (City, State & Zip Code)
_____________________________________________
Buyer’s Attorney’s Phone
________________________________________________________________________________________________________
AUCTIONEER
PROPERTY INFORMATION
RE: OWEGO TRAIL & RT. 6 EAST, DINGMAN, PA
PROPERTY DESCRIPTION: 88.24+/- ac. zoned RC Resort Commercial District vacant land in 2 parcels
PROPERTY ADDRESS: Rt. 6 at Western most intersection of Owego Turnpike, Dingman Township, PA
COUNTY: Pike
PARCEL ID: 094.00-01-30 (43.24+/- ac.) & 094.00-01-31 (45+/- ac.)
LEGAL DESCRIPTION: Book 2133, Page R541
ASSESSMENT: $42,870 [094.00-01-30 ($23,850) & 094.00-01-31 ($19,020)]
ZONING: RC – Resort Commercial District
SHAPE: Irregular
TOPOGRAPHY: Gently rolling
FEMA FLOOD HAZARD: No (F.I.R.M. 421964-0010B)
LAND AREA: 88.24+/- ac.
2006 PROPERTY TAXES: $4,239.85 [094.00-01-30 ($2,358.77) & 094.00-01-31 ($1,881.08)]
RT. 6 at Western most intersection of OWEGO TPK, DINGMAN TOWNSHIP, PA
Pike County Parcel Data Viewer Window
Name: BLC REAL ESTATE, LLC
Address 1:
Address 2: 1633 BROADWAY
City: NEW YORK
State: NY Zip: 10019-6708
Description 1: 43.24 AC
Description 2: (FOTO-WEAR, INC.)
Deed Book: 2133
Deed Page: R541
STEB Code: 12
STEB Date: 9/20/2005
STEB Con: 816
Grantor: BUEKI, PHILIP SHRF (FOTO-WEAR)
Info Code: ME
Map Parcel
Page 1 of 1
Control/Account Number: 017546
Map Number: 094.00-01-30 District: 03
Ward: 0
Land Assessed Value: 23850
Improved Assessed Value: 0
Assessed Total: 23850
Land Use: R54
Change Date: 3/22/2006
Acreage: 43.24
Close Data Window
Print Data Report
http://www.pikegis.org/pike/report.asp?cn=017546&b=Microsoft%20Internet%20Explorer
2/6/2007
Pike County Parcel Data Viewer Window
Name: BLC REAL ESTATE, LLC
Address 1:
Address 2: 1633 BROADWAY
City: NEW YORK
State: NY Zip: 10019-6708
Description 1: 45.00 AC
Description 2: (FOTO-WEAR, INC.)
Deed Book: 2133
Deed Page: R541
STEB Code: 00
STEB Date: 9/20/2005
STEB Con: 0
Grantor: BUEKI, PHILIP SHRF (FOTO-WEAR)
Info Code: ME
Map Parcel
Page 1 of 1
Control/Account Number: 064075
Map Number: 094.00-01-31 District: 03
Ward: 0
Land Assessed Value: 19020
Improved Assessed Value: 0
Assessed Total: 19020
Land Use: R54
Change Date: 4/10/2006
Acreage: 45
Close Data Window
Print Data Report
http://www.pikegis.org/pike/report.asp?cn=064075&b=Microsoft%20Internet%20Explorer
2/6/2007
Dingman Township
Page 1 of 6
Dingman Township
Pike County, Pennsylvania
Zoning Use Chart
As found in Section 305 of the Dingman Township Zoning
Ordinance
District Intent
NC Neighborhood
Commercial District:
Principal Permitted
Uses
Municipal Parks and
Playgrounds
No Impact HomeThe intent of this
Based Businesses
district is to provide
areas for the normal School Bus Shelters
development of
business and service
activities to serve the Timber Harvesting
needs of the
Township and
surrounding
communities as
opposed to facilities
designed to service
the larger region.
Conditional Uses
Animal Hospitals
(without kennel
facilities)
Special Exception
Uses
Accessory Uses
Communications
towers
Bed & Breakfast
Establishments
Ancillary Services &
Facilities
Multi-Family dwellings
Business &
Professional Offices
Public & Semi-public Antennas Mounted on
Existing Buildings
Uses
Churches
Private Greenhouses
Convenience Stores
(without gas)
Private Stables
Essential Services
Home Occupations
Inns (limited to less
than 30 seats & 10
rooms)
Low Impact Retail and
Service
Establishments
Swimming Pools
Tool Sheds
Other Customary
Private Residential
Accessory Uses
Other Customary
Commercial
Accessory Uses.
Residences
Connected to Other
Permitted Uses
http://www.angelfire.com/pa5/dingmantownship/ordinances/zoning_use_chart3.htm
2/12/2007
Dingman Township
Page 2 of 6
Residential
Conversions
Residential
Subdivision Facilities
& Amenities
Food Establishments
(less than 30 seats)
Single-family
dwellings
Specialty shops
Two-family dwellings
Undertaking
establishments
RC Resort
Commercial District:
Animal Hospitals
Essential Services
Banks
This district is
designed to provide Low Impact Retail and
Bed & Breakfast
areas of more
Service
Establishments
intensive commercial Establishments
and resort activity on
Business &
roads adequate to
Municipal Parks and
Professional Offices
handle traffic for those Playgrounds
activities.
Car Washes
No Impact HomeBased Businesses
Churches
School Bus Shelters
Timber Harvesting
Nurseries,
Commercial
Residences
Connected to Other
Permitted Uses
Commercial Flea
Markets
Commercial
Recreation
Convenience Stores
Communications
Towers
Ancillary Services &
Facilities
Public & Semi-Public Antennas Mounted on
Existing Buildings
Uses
Private Greenhouses
Private Stables
Swimming Pools
Tool Sheds
Other Customary
Private Residential
Accessory Uses
Other Customary
Commercial
Accessory Uses.
Day Care Facilities
Drive-In Businesses
Food Establishments
Gasoline Stations
Greenhouses,
Commercial
http://www.angelfire.com/pa5/dingmantownship/ordinances/zoning_use_chart3.htm
2/12/2007
Dingman Township
Page 3 of 6
Health Care Facilities
Home Occupations
Inns
Light Manufacturing
Model Homes
Motels & Hotels
Motor Vehicle Sales &
Service
Retail & Service
Establishments
Sales & Service of
Equipment
Self-Storage Facilities
Shopping Centers &
Malls
Specialty Shops
Theaters
Undertaking
Establishments
Wholesale
Businesses
CP Conservation
and Parks District:
This district is
intended to preserve Single Family
the scenic beauty of Dwellings
parks and open
spaces and protect
Essential Services
special natural areas
including Delaware
Hunting & Fishing
Water Gap Recreation Cabins
Area, State
Gamelands, and State
Forest Lands. Special Agricultural Uses not
including intensive
performance
livestock operations
standards are
provided in this
Zoning Ordinance so No Impact Home
Based Businesses
that private lands
Public Recreation
Facilities
swimming pools
Cemeteries
tool sheds
Tourist Recreational
Facilities
Home Occupations
Bus Shelters
Minor Natural
Resource Uses
Clubhouses & lodges
private greenhouses
Kennels
private stables
Public & Semi-public
antennas mounted on
Uses
existin
buildin
Boat / Canoe Liveries
ancillary services or
facilitie
Intensive Livestock
customary private
http://www.angelfire.com/pa5/dingmantownship/ordinances/zoning_use_chart3.htm
2/12/2007
Dingman Township
Page 4 of 6
within the district are Public Parks and
developed in such a Playgrounds
manner to afford the
reasonable use of
such parcel and
concurrently afford
protection of the
character of the
District and the
identified special
natural areas.
Operations
residential accessory
uses
Public Stables
Natural Resource
Uses
Boarding & Tourist
Homes
Boating Access Areas
Cluster Development
Commercial Nurseries
Large Hotel, Motel,
Inns & Resorts
Shooting Facilities
Bed & Breakfast
Establishments
Residential
Subdivision Facilities
& Amenities
Timber Harvesting
Communications
Towers
Inns
Golf Courses
R-1 Low Density
Single Family
Residential District: Dwellings
This district is
intended to provide
sufficient space for
low density residential
development on lots
of adequate size to
safely permit the use
of either public or onsite sewage disposal
and water supply.
Essential Services
No Impact HomeBased Businesses
Churches
Public Schools
Public Parks and
Playgrounds
Cemeteries
Public & Semi-Public
Same as CP District
Uses
Cluster Development
Home Occupations
Bus Shelters
Minor Natural
Resource Uses
Bed & Breakfast
Establishments
Residential
Subdivision Facilities
http://www.angelfire.com/pa5/dingmantownship/ordinances/zoning_use_chart3.htm
2/12/2007
Dingman Township
Page 5 of 6
& Amenities
Timber Harvesting
RU Rural District:
Single family
dwellings
This district is
boarding & tourist
intended to provide for homes
the maintenance of
open space and the
rural character of the essential services
Township while
allowing flexibility in commercial nurseries
the location of certain
commercial and
hunting & fishing
industrial uses.
cabins
agricultural uses not
including intensive
livestock operations
Tourist Recreational
Facilities
Cluster Development
Nursing Facilities
Medical Clinics
Public Uses
Same as CP district
Kennels
Greenhouses
Undertaking
Establishments
Light Manufacturing
Retail Establishments
Designed to Serve the
Immediate Area
two-family dwellings
Natural Resource
Uses
golf courses
Home Occupations
churches
Bus Shelters
cemeteries
Minor Natural
Resource Uses
No Impact HomeBased Businesses
Public Stables
public parks &
playgrounds
Bed & Breakfast
Establishments
Timber Harvesting
Residential
Subdivision Facilities
& Amenities
ND-2 Limited
Neighborhood
Recreational Vehicle
Parks *
public & semi-public
gardens
http://www.angelfire.com/pa5/dingmantownship/ordinances/zoning_use_chart3.htm
2/12/2007
Dingman Township
Development
District:
Page 6 of 6
Mobile Home Parks ** Professional Offices
All principal permitted
This district is
uses allowed in R-1
intended to provide
district
areas for professional
offices, mobile home golf courses
parks, and transient
population, located
public recreation *
away from residences
and areas where the
uses would represent tourist recreational
facilities
an intrusion due to
noise and other
factors, yet near areas clubhouses & lodges
with recreation
potential that lend
No Impact Homethemselves to active Based Businesses
use.
Public Parks &
playgrounds
Campgrounds *
uses
tool sheds
adult oriented
businesses
antennas mounted on
existing buildings
Commercial Services
for Campgrounds & body piercing, tattoo,
Recreational Vehicle and fortune telling
Parks *
businesses
Home Occupations
Bus Shelters
Minor Natural
Resource Uses
Residential
Subdivision Facilities
& Amenities
Communications
Towers
* owned by the
municipality
** subject to the
provisions of the
Subdivision
Ordinance, Article XI
FP Floodplain
District:
see section 307.3.4
(See section 307.3)
Public parks &
playgrounds
* subject to the
standards and
provisions of the
Subdivision
Ordinance, Article X
boating access areas
not including any
none
permanent structures
– residential
subdivision facilities
and amenities
none
No Impact Home
Based-Business
http://www.angelfire.com/pa5/dingmantownship/ordinances/zoning_use_chart3.htm
2/12/2007
Dingman Township
Page 1 of 7
Dingman Township
Pike County, Pennsylvania
Zoning Ordinance
Article III - District Regulations
Legal Notice: While every attempt has been made to be as accurate as possible, the material found on
these pages represents an unofficial copy of the Dingman Township Zoning Ordinance. When in conflict,
the original signed official documents kept in the Township Building shall prevail. Persons relying on
this version shall do so at their own risk.
ARTICLE III - DISTRICT REGULATIONS
Section 301 - Classes of Districts
For the purpose of this Ordinance the Township of Dingman is hereby divided into districts which shall
be designated as follows:
CP
Conservation and Parks District
RU
Rural District
R-1
Low Density Residential District
NC
Neighborhood Commercial
ND2
Limited Neighborhood Development District
RC
Resort Commercial District
FP
Floodplain District
The intent of each District and regulations which shall apply to each are given in the Schedule of Use
Regulations, Section 305.
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Dingman Township
Page 2 of 7
Section 302 - Zoning Map
The boundaries of said Districts shall be shown upon the map or maps on display at the Dingman
Township Municipal Building and made a part of this Ordinance which shall be designated the
"Dingman Township Official Zoning Map". The same map and all the notations, references and other
data shown thereon are hereby incorporated by reference into this Ordinance as if all were fully
described herein. Compilations of the zoning maps may be produced by the Township for general use,
but the official zoning map will control.
Section 303 - District Boundaries
District boundary lines are intended to follow or be parallel to the center line of streets, streams and
railroads, and lot or property lines as they exist on a recorded deed or plan of record in the Pike County
Recorder of Deeds Office at the time of the enactment of this Ordinance, unless such district boundary
lines are fixed by dimensions as shown on the Zoning Map. In any case of uncertainty the Dingman
Township Board of Supervisors in consultation with the Planning Commission shall interpret the intent
of the map as to location of District boundaries. The boundaries of the CP District will usually be the
same as the boundaries of the State Forest, State Gamelands, State Park and Delaware Water Gap
National Recreation Area lands within the Township but may include some parcels in private ownership.
Section 304 - District Regulations-Generally
District regulations are of three types: Use Regulations, Development Standards and Special
Performance Standards; all which shall apply to any proposed new use, expansion of an existing use or
change of use of land in Dingman Township.
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Dingman Township
Page 3 of 7
Section 305 - Use Regulations
Use regulations and statements of intent for each District are provided in the following Schedule of Use
Regulations.
* * * CLICK HERE TO VIEW CHART* * *
Section 306 - Development Standards
The Development Standards which apply to each District include minimum lot sizes, minimum average
widths, minimum lot depth, yard requirements, maximum lot coverage, and maximum height. These
standards vary among Districts. The schedule of Development Regulations on the following page
provides standards for each district.
Dingman Township Zoning Ordinance - Schedule of Development Regulations
CP
RU District
R-1 District
NC District
ND-2 District
RC District
District
Central On-lot Central On-lot Central On-lot Central On-lot Central On-lot Central
Criteria
or On- Sewage Sewage Sewage Sewage Sewage Sewage Sewage Sewage Sewage Sewage
lot
or
and
or
and
or
and
or
and
or
and
Utilities Water Water Water Water Water Water Water Water Water Water
Minimum lot area
1 acre
per dwelling or
use
Minimum average
150 feet
lot width
Minimum front
50 feet
yard
Minimum side
50 feet
yard
Minimum side
100 feet
yards (both sides)
50 feet
Minimum rear yard
Maximum Building
35 feet
Height
Maximum lot
10,000 sq. ft.
coverage
Notes applicable
1,3,4
(see below)
1 acre
0.5
acre
1 acre
0.5
acre
1 acre
0.5
acre
1 acre
0.5
acre
1 acre
0.5
acre
150
feet
100
feet
150
feet
100
feet
150
feet
100
feet
150
feet
100
feet
150
feet
100
feet
50 feet 40 feet 40 feet 40 feet 50 feet 40 feet 50 feet 40 feet 50 feet 40 feet
25 feet 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet 25 feet 15 feet
50 feet 30 feet 30 feet 30 feet 50 feet 30 feet 50 feet 30 feet 50 feet 30 feet
50 feet 25 feet 25 feet 15 feet 25 feet 15 feet 10 feet 15 feet 50 feet 25 feet
50 feet 50 feet 35 feet 35 feet 50 feet 50 feet 50 feet 50 feet 50 feet 50 feet
50%
50%
3,4
3,4
10,000 10,000
50%
Sq. Ft. Sq. Ft.
3,4
3,4
3,4
50%
50%
50%
50%
50%
3,4
2,4
2,4
3,4
3,4
Notes:
1)
Development regulations for the CP District shall apply to all uses in the FP (Floodplain Protection) District.
2) Manufactured home parks and recreational land developments are subject to the requirements of Articles V and VI of the Dingman Township
Subdivision and Land Development Ordinance, as amended.
3)
Barns, silos and similar farm buildings are exempt.
4)
Residential structures shall meet R-1 District standards, regardless of the zoning district.
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Dingman Township
Page 4 of 7
Section 307 - Floodplain Development
1. Definition of Floodplain Areas: The identified floodplain area shall be any area of Dingman
Township , subject to flooding as identified on a Flood Insurance Rate Map (FIRM) issued by the
Federal Emergency Management Agency or its successor agency and dated December 4, 1985, or any
subsequent revision. Flood elevations will be determined in specific instances by a combination of this
map with U.S.D.A. Soil Conservation Service data, U.S.G.S. mapping and other floodplain information
sources. The identified floodplain area may be revised or modified by the Board of Supervisors where
studies or information provided by qualified agency or person document a need for such revision.
However, prior to any such change, approval must be obtained from the Federal Emergency
Management Agency or its successor agencies.
2. Prohibition of Development: No new manufactured housing unit, structure, substantial improvement
to an existing structure (as defined by the Pennsylvania Floodplain Management Act), or other
development shall be permitted within any Zone "A" or "AE" flood area on Dingman Township's FIRM
excepting uses not involving permanent structures, as provided in Section 307.3(5) hereof. Existing
manufactured housing units in the floodplain area may be replaced but the new manufactured housing
units or any additions to existing manufactured housing units shall be anchored to resist flotation,
collapse, or lateral movement by providing over-the-top and frame ties to ground anchors.
a) over - the - top ties shall be provided at each of the four (4) corners of the manufactured
housing unit, with two (2) additional ties per side at intermediate locations for units fifty (50)
feet or more in length, and one (1) additional tie per side for units less than fifty (50) feet in
length.
b) frame ties shall be provided at each corner of the manufactured housing unit, with five (5)
additional ties per side at intermediate locations for units fifty (50) feet or more in length, and
four (4) additional ties per side for units less than fifty (50) feet in length.
c) all components of the anchoring system shall be capable of carrying a force of four thousand
eight hundred (4800) pounds.
d) the stands or lots shall be elevated on compacted fill so that the lowest floor of the mobile
home will be at or above the one-hundred (100) year flood.
Evacuation plans for manufactured housing parks indicating alternate vehicular access and escape routes
shall be submitted to the Township Board of Supervisors for review and approval. Such evacuation
plans shall be evaluated in consultation with the Pike County Emergency Management Agency and, if
necessary, revised so as to provide for safe means of access and escape.
New and replacement water supply systems within identified floodplain area shall be designed to
minimize or eliminate infiltration or flood waters of the 100 year flood.
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Dingman Township
Page 5 of 7
Regardless of the other data no new construction shall be located within the area measured fifty (50) feet
landward from the top-of-bank of any watercourse.
No encroachment, alteration or improvement of any kind shall be made to any watercourse until all
adjacent municipalities which may be affected by such action have been notified by the Township and
until all required permits or approvals have been first obtained from the Department of Environmental
Resources Bureau of Dams and Waterway Management. In addition, the Federal Insurance
Administrator or Director of any successor Agency and the Pennsylvania Department of Community
Affairs, Bureau of Community Planning, should be notified by the Township prior to any alteration or
relocation of any watercourse.
3. Procedures: No zoning permit shall be issued anywhere within the Township until a review of the
proposed activity is made to assure all necessary permits have been received including any which may
be required under Section 404 of the Federal Water Pollution Control Act (Army Corps of Engineers
Permit Program). All subdivision proposals or proposals for development involving more than five acres
of land shall include base flood elevation data. Such data should be developed by a professional
engineer, hydrologist, or other technically qualified individual using Soil Conservation Service, Army
Corps of Engineers or other comparable data or by applying one of the techniques recommended by the
Pennsylvania Department of Community Affairs. The Zoning Officer and/or Planning Commission will
review all permit applications to determine whether proposed building sites, subdivisions and
developments will be reasonably safe from flooding (outside the 100 year floodplain) and otherwise
meet the standards of this section. No permits will be issued until and unless such a determination is
made.
4. Permitted Uses: The permitted uses within the floodplain shall be limited to the following:
(1)
Timber harvesting
(2)
Commercial nurseries, but not including any permanent structures
(3)
structures
Agricultural uses, but not including any intensive livestock operations or permanent
(4)
Golf courses, but not including any permanent structures
(5)
Public parks and playgrounds, but not including any permanent structures
(6)
Boating access areas not including any permanent structures shall be considered
conditional uses
5. Floodplain Variances: In reviewing any requests for a floodplain variance the Zoning Hearing Board
shall, prior to approving any such request, determine:
(1)
all the requirements for a variance, set forth in Section 710, have been met.
(2)
ensure the granting of the variance will not result in any increase of flood heights,
additional threats to public safety, extraordinary public expenses, creation of nuisances, cause fraud on
or victimization of the public or conflict with any other applicable local or State ordinances and
regulations.
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Dingman Township
Page 6 of 7
6. Documentation: In all variance requests:
(1)
the applicant shall provide documentation, certified by a professional engineer or
architect, clearly demonstrating the proposal will not result in any increase of flood heights or additional
threats to public safety.
(2)
the applicant shall submit to the Pennsylvania Department of Community Affairs Floodplain Management Division and the Federal Emergency Management Agency copies of such
documentation, certified by a professional engineer or architect, for the purpose of review and
comment. Copies of such comments shall be submitted as part of the variance request. A hearing for a
variance request shall not be scheduled until the applicant has received the Department of Community
Affairs comment.
If granted, a variance shall involve only the least modification necessary to provide relief. If is should
become necessary to grant any variance, the applicant shall be required to comply with all applicable
requirements of the National Flood Insurance Program Regulations including the requirements for
floodproofing, anchoring and elevation. The applicant must also comply with any other requirements
considered necessary by the Township.
In granting any variance the Zoning Hearing Board shall attach whatever reasonable conditions or
safeguards it considers necessary in order to protect the public health, safety and welfare and to achieve
the objective of this Ordinance.
Whenever a variance is granted the applicant is hereby notified that the granting of the variance may
result in increased premium rates for flood insurance and that such variances may increase the risk to
life and property.
A complete record of all variance requests and related incidents shall be maintained by the Township. In
addition, a report of all variances granted during the year shall be included in an annual report to the
Federal Emergency Management Agency or its successor. Notwithstanding any of the above, however,
all structures shall be designed and constructed so as to have the capability of resisting the 100 year
flood in accordance with the provisions of the Corps of Engineers publication entitled "Flood-proofing
Regulations - June 1972".
Notwithstanding the rights of any applicant to apply for variance (in special instances) no variance shall
be granted which will allow the following activities and development to locate within a floodplain area,
as they present a special hazard to the health and safety of the public:
a.
Hospitals (public or private)
b.
Nursing homes (public or private)
c.
Jails or prisons
d.
Individual mobile homes, new mobile home parks, mobile home subdivisions and
substantial improvements thereto, as well as to individual mobile homes
e.
Any new or substantially improved structure which will be used for the production or
storage of any of the following dangerous materials or substances or which will be used for any activity
requiring the
maintenance of a supply (more than 550 gallons or other comparable volume or any
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Dingman Township
Page 7 of 7
amount of radioactive substances) of any of the following dangerous materials or substances on the
premises:
1)
Acetone
2)
Ammonia
3)
Benzene
4)
Calcium carbide
5)
Carbon disulfide
6)
Celluloid
7)
Chlorine
8)
Hydrochloric acid
9)
Hydrocyanic acid
10) Magnesium
11) Nitric acid and oxides of nitrogen
12) Petroleum products (gasoline, fuel oil, etc.)
13) Phosphorus
14) Potassium
15) Sodium
16) Sulfur and sulfur products
17) Pesticides (including insecticides, fungicides, and rodenticides)
18) Radioactive substances, insofar as such substances are not otherwise
regulated
7. Abrogation and Greater Restrictions: This Ordinance supersedes any other conflicting provisions
which may be in effect in identified floodplain areas. However, any other ordinance provisions shall
remain in full force and effect to the extent that those provisions are more restrictive. If there is any
conflict between any of the provisions of this Ordinance, the more restrictive shall apply.
8. Documents: Copies of documents referenced herein shall be available from the Township Zoning
Officer.
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2/12/2007
Gu
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Inte rsta te 84
Integrated List Standing
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Attaining (Aquatic Life Use)
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Attaining (Aquatic Life Use)
Attaining (Aquatic Life Use)
Attaining (Aquatic Life Use)
Rd
Designated
Stream
Use
Vandermark Creek
HQ-CWF
Deep Brook
EV
Laurel Swamp Brook
HQ-CWF
Sawkill Creek
EV
Vantine Brook
HQ-CWF
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Pinchot Brook
EV
Craft Brook
EV
Savantine Creek
EV
Gum Brook
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LACKAWANNA
LEHIGH
PIKE
BUCKS
NORTHAMPTON
MONROE
WAYNE
4,000
Feet
1 inch equals 4,000 feet
2,000
100 Year Floodplain
Lakes
National Wetlands Inventory
Watershed Boundary
Roads
Municipal Boundaries
Streams
Legend
SAWKILL CREEK
RIVERS CONSERVATION PLAN
PIKE COUNTY
PENNSYLVANIA
SURFACE WATER
FEATURES
4. Wetland data is the US Fish and Wildlife's
National Wetland Inventory (NWI).
3. Tax lot data from Pike GIS/Tax
Administration Office
2. Municipal Boundaries obtained from the
Pennsylvania Spatial Access Data Access
(PASDA) website.
1. Road data obtained from PENNDOT
SOURCES:
E
0
PRINCETON HYDRO, LLC.
1108 OLD YORK ROAD
P.O. BOX 720
RINGOES, NJ 08551
BERKS
SCHUYLKILL
CARBON
LUZERNE
WYOMING
SUSQUEHANNA
PENNSYLVANIA COUNTY MAP
ENVIRONMENTAL REQUEST, WAIVER & RELEASE
To receive a copy by e-mail of any Environmental Report(s) and/or related documents on file for
one or more of the properties below, you are required to return a completed and signed copy of
this form by fax to 508-362-1073 or mail to JJManning, 179 Old King’s Hwy., Yarmouthport,
MA 02675 prior to the release of any materials to you.
FOR THE PROPERTY(S) AT (X only properties for which you want to receive environmental info. by e-mail):
____ #891 – EXETER, PA – E-11/A18 Plate 14-4-99-5 off Susquehanna Ave. (LAND)
____ #892 – DINGMAN TOWNSHIP, PA – Owego Trail at Rt. 6 (LAND)
____ #893 – MONTROSE, MI – 254-256 W. State St. (GAS STATION / CONV. STORE)
____ #894 – SAGINAW, MI – 6860 Gratiot Rd. (GAS STATION / CONV. STORE)
____ #895 – CLIO, MI - 431 W. Vienna St. (GAS STATION / CONV. STORE)
____ #896 – DETROIT, MI – 19420 Woodward Ave. (GAS STATION / CONV. STORE)
____ #897 – FLINT, MI – 1402 S. Saginaw St. (CAR WASH / QUICK LUBE)
____ #898 – GROVE CITY, OH – 3131 Broadway (RESTAURANT)
____ #899 – WILKES-BARRE, PA – 173 & 188 Gilligan St. (WAREHOUSE)
____ #900 – KINGSTON, PA – 254 Schuyler Ave. (WAREHOUSE)
____ #901 – ACME, PA – 3316 State Rt. 31 (RESTAURANT)
In regard to the property(s) above, Business Loan Express, Seller is providing to prospective purchaser:
(Your Full Name)_____________________________________________________________
(E-Mail Address)_____________________________________________________________
of (Mailing Address)__________________________________________________________
The Environmental Report and/or related documents for the property(s) the prospective purchaser has marked above
for such information (if any) as prospective purchaser deems the report(s) and/or related documents to contain.
Business Loan Express, Seller; JJManning Auctioneers and their agents, employees and attorneys make no
representation whatsoever regarding the accuracy of this report or the qualifications of the reporting firm(s). All the
premises will be sold without representation or warranty whatsoever as to its condition, occupancy or fitness for
habitation thereon.
You should conduct such further investigations as you see fit and consult with your own attorney.
RELEASE AND WAIVER
The undersigned has requested an e-mail copy of the Environment Report and/or related documents regarding the
property(s) marked above. The undersigned does hereby forever release and discharge Business Loan Express,
JJManning Auctioneers and its agents, employees and attorneys from any and all damages, claims, demands, actions,
and liabilities relating in any way to any reliance by the undersigned or any information contained in said
Environmental Report and/or related documents regarding the property(s) or as to the accuracy of information
contained therein. The undersigned agrees that Business Loan Express, Seller JJManning Auctioneers and their
agents, employees and attorneys have not made and do not make any representation or warranties whatsoever
regarding the Environmental Report(s) and/or related documents regarding the property(s).
_______________________________________________________
Your Signature
___________________________________
Date
MAP - RT. 6 at Western Most Intersection of OWEGO TURNPIKE,
DINGMAN TOWNSHIP, PA
(Note: Best results using Milford, PA for on-line map searches)
I-84 Exit 46 to Rt. 6 W, property on left just past W-most int. of Rt. 6 & Owego Turnpike
DIRECTIONS TO HOTEL
The Dingman Township, Wilkes-Barre, Kingston & Exeter PA Properties will be sold from
this location at 11:00 a.m. on Tuesday, March 27th with registration starting at 10:00 a.m.
HILTON SCRANTON & CONFERENCE CENTER
100 ADAMS AVE., SCRANTON, PA
570-343-3000
Take I-81 Exit 185.
Left at stoplight.
Right onto Adams Ave.
Hotel entrance is on the right.
THANK YOU FOR REVIEWING THE ENTIRE
PROPERTY INFORMATION PACKAGE. WE
LOOK FORWARD TO SEEING YOU AT THE
AUCTION. IF YOU HAVE ANY QUESTIONS
PLEASE DON’T HESITATE TO CONTACT US!
Jerome J. Manning,
CAI, AARE, CES,
RECS
Justin Manning,
CAI, AARE
CEO/Chairman
President
Phone: 800-521-0111
Fax: 508-362-1073
EMAIL: [email protected]
EMAIL: [email protected]