May 5 , 1981 the Preparation of This Plan Was a Joint Effort of the Hop

HOP BOTTOM BOROUGH

COMPREHENSIVE PLAN

May 5, 1981

The preparation of this plan was a joint effort of the Hop Bottom Borough Planning Commission, the Susquehanna County Planning Commission, and the Northern Tier Regional Planning and Development Cormissic::. SUSQUEHANNA COUNTY OFFICIALS

Comm-i s sioners

Jack Masters - Chairman James K. Adams Henry D. Prince

Susquehanna County Planning Commission

Richard Smith Robert V. Hudson William Mess Frank A. ICwader Thomas Lopatofsky Hubert Murphy James Curley Weldon Flewelling

-Planning Staff-

,' NORTHEiW TIER REGIONAL PLANNING AND DEVELOPMENT COMMISSION

Executive Director - Philip D. KOOS, Jr. Deputy Director - John M. Eberhard Regional Planner - Gordon P. Davis Susquehanna County Planner - Carl Pease Project Planner - James L. Arey, Jr. Secretary - Carolyn Chamberlain ?

HOP BOTTOM BOROUGH OFFICIALS

Mayor

Gerald Zablotsky

--.Borough Council

Thomas Nulton - President Jack Rettberg - Vice-P -esident E. Van Tingley Jackie Thomas Waneta Barber Elizak th Myers Howard A. Jarnagin, Sr.

Borough Secretary/Treasurer

Diane Nowalk

Planning Commission

John Xoshinski - Chairman Sandra Stine - Vice-chairman / Craig Griffin - Secretary Paul Cobb Judy Wright Dave MacConnell Bill Wilbur Ann Sanauskas

Zoning Hearing Board- John Koshinski - Zoning Officer i

TABLE OF CONTENTS

LIST OF TABLES . . vi LISTOFMAPS ...... vii

FOREWORD . . 0 ...... 0 ix I . INTRODUCTION ...... 1 I Plan Purpose ...... 1 Legal Basis ...... 2 Implementation ...... 3 I1 . HISTORY ...... 4 Incorporation of the Borough ...... 5 The Lackawanna Railroad ...... 6 The Scranton and Binghamton Railroad ..... 7 The Lackawanna Trail ...... 8 Industry ...... 9 Schools ...... a 08. 9 Churches ...... 10 Cemeteries ...... 11 Post Offices ...... 11 Doctors in Hop Bottom ...... 12 Serious Fires in the Borough ...... 13 Conclusion ...... 13 / I11 . POPULATION STUDY ...... 15

IV. EXISTING LAND USE 0 a 0 9 + 19 Residential ...... 21 Commercial ...... 22 Industrial ...... 22 Public/Quasi-Public ...... 22 Forests ...... 22 Open Space ...... 22 Transportation ...... 23 Mixed Uses ...... 23 V . OPEN SPACE ANALYSIS ...... 25 Steep Slopes ...... 26 Flood Hazards ...... 28 Soils ...... 29 Utility Easements ...... 33 iv A

Table of Contents V

VI . FUTURE LAND USE ...... 34 I’ Goals and Objectives ...... 34 Long Range Goal 34 Intermediate Goal ...... 34 Short Term Goals ...... 34 No-Growth Areas ...... 35 Land Use Planning ...... 35 Land Use Compatibility ...... 36 Recreation ...... 36 Commercial Facilities ...... 37 Utilities ...... 38 Objectives of Future Land Use Flan ..... 38 VI1. PROJECTED LAND USES ...... 40 Residential ...... 40 Commercial ...... 40 Central Business District ...... 40 U.S. Highway 11 ...... 41 Industrial ...... 41 Public/Quasi-Public ...... 41 Open Space ...... 41 Forest ...... 42 Flood Plain ...... 42 i J T ,

LIST OF TABLES

I. POPULATION TRENDS AND PROJECTIONS ...... 16 18 11. ASSESSED VALUATION .... .*=*..*-* 111. LAND USE BY ACREAGE ...... 20 LAND USE BY PERCENT OF TOTAL LAND AREA ... 20 SOIL LEGEND ...... 30 31 SOIL LIMITATIONS ....-..-'ow*=*

GRAPH I. GROWTH RATE ...... 17

Vi LIST OF MAPS

1. GENERAL LOCATION ...... viii 2. EXISTING LAND USE ...... -.. 24 3. STEEP SLOPES AND FLOOD PLAIN MAP .. ... 27 4. SOILS MAP ...... 32 5. FUTURE LAND USE ...... 43

vi i MAP No. 1 GENERAL LOCATION FOREWORD

There are several important reasons why a borough like Hop Bottom should plan for its future development.

* A plan solves nothing in itself but is a guide for future action. By thinking ahead, planning helps prevent problems from happening. Once the damage is done from unplanned growth, it is difficult to correct the situation. Allocation of areas for future growth can be accomplished. Planning can guide future development into areas of suitable slope and soil conditions.

Improve the physical setting and appearance of Hop Bottom through the maintenance of existing open space and the retainment of open space in new development areas.

Protect neighborhoods from encroachment by industrial and commercial uses. Also, housing planning can-help improve and preserve existing neighborhoods. Where necessary, proper planning can show where redevelopment may be the best answer.

* Good local planning improves the chances for receiving federal and state grants. Priority is usually given to municipalities that have anticipated their needs.

The Hop, Bottom Comprehensive Plan focuses on land use. The plan will look at the Eorough's existing land use patterns and problems. Planning for future uses will require a complete inventory of land capabilities of the undeveloped areas. The - criteria for consideration will include: flood hazard areas, slope, soils, and existing rights-of-way, These factors will be examined in conjunction with a look at the land use in the Borough's developed areas- Existfng land use incompatibilities will be inventoried and analyzed. The existing land use situation will be combined with land use goals and objectives to formulate the Future Land Use Plan.

Before this plan can Le accomplished, however, base information must be gathered and presented. Information about the Borough's history and population precede the land use element. The ground work for the Borough Plan begins in the Introduction which follows.

ix I

INTRODUCTION

Hop Bottom Borough is located in Susquehanna County in the northeastern portion of Pennsylvania (See Map 1). The Borough, chartered in 1881, is located in the south central portion of the County and is the principal municipality in Lathrop Town- ship. The BorougB has a mixture of commercial and industrial uses. The businesses of Hop Bottom serve its 394 persons and also the rural agricultural area that surrounds it. The Borough is bisected north and south by one major thoroughfare -- U.S. Highway 11. One railroad, Conrail (previously Erie-Lackawanna), passes through Hop Bottom.

In physiographic terms, the Borough is located in the glaciated Appalachian Plateau- The topography as it now exists was formed by streams eroding the tableland. The Borough lies in a narrow valley with surrounding hills which have extremely high elevation. .-. -.

This topography is consistent throughout northeastern Penn- sylvania. The eroded plateau caused a succession of hills to be formed. So extensive is this landform that an active five county area is known as the "Endless Mountains of Penn- sylvania. I' Hop Bottom and its surroundings have been increasing in population upfunti1 1977.* From this point until 1980 it has declined.

Plan Purpose

The Hop Bottom Plan has been prepared to set a direction for the' Borough's future growth. It is intended to inform the area residents concerned with the Borough by providing brief summaries and interpretations of available information about Hop Bottom.

Goals, objectives and policies have been formulated to discourage unwise or shortsighted action which result in damaging

*The population figure for 1977 is 476 and is only an estimated population attained from the 1977 Pennsylvania Statistical Abstract- 1 consequences difficult to correct later and to assure that decisions made privately or publicly at the local, county, regional, state, and federal levels will be in harmony with the best interest of Hop Bottom. This plan will serve as a guide to formulate laws and ordinances to carry out its policies for the protection of all residents and future residents of the Borough.

It must be remembered that a plan is not static. What may be foreseen today can change in five or six years. The plan should be flexible, dependent on the desires of borough residents and on external influences such as state or national economics.

Legal Basis

The Commonwealth of Pennsylvania has established guidelines for the adoption of a comprehensive plan. Below is an excerpt from Act 247, the Pennsylvania Municipalities Planning Code regarding the adoption of this Plan. "Section 302. Adoption of Comprehensive Plan. -- The governing body shall have the power to adopt and amend the comprehensive plan as a whole or in parts. Before adopting or amending a comprehensive plan, or any part thereof, there shall be at least one public hearing pursuant to public notice. The adoption of the comprehensive plan, or any part thereof, or any amendment thereto shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the governing body. The resolution shall refer expressly to the maps, charts, textual matter, and other matters intended to form the whole or part of the plan, and the action shall be recorded on the adopted plan or part. / Section 303. Legal Status of Comprehensive Plan Within the Jurisdiction that Adopted the Plan. -- Whenever the governing body, pursuant to public notice, has adopted a comprehensive plan or any part thereof, any subsequent proposed action of .the governing body shall be submitted to the planning agency for its recommendations when- the proposed action relates to: (1) The location, opening, vacating, extension, widening, narrowing or enlargement of any street, public ground, pierhead or watercourse; or (2) The location, erection, demolition, removal or sale of any public structure located within the municipality; or (3) The adoption, amendment or repeal of an official map, subdivision and land development ordinance, zoning ordinance or planned residential development ordinances. 2 The recommendations of the planning agency including a specific statement as to whether or not the proposed action is in accordance with the intent of the formally adopted comprehensive plan shall be ma,de in writing to the governing body within thirty days. (As amended by 1972 P.L. 333, No. 931.''

Implementation

Once adopted he Hop Bottom Planning Commission and Borough Council should concern themselves with implementation. Cur- rently Hop Bottom is under the Susquehanna County Subdivision and Land Development Ordinance which controls the subdivision of lands in the Borough. In addition, this ordinance sets design standards for both residential and commercial subdivision. Hop Bottom should examine this document carefully to see if its contents and administration meet the needs for Hop Bottom. The Borough can legally adopt and administer their own subdivision ordinance tailored to their needs. Hop Bottom Borough is also under the Hop Bottom Borough Zoning Ordinance. This ordinance was adopted in April 1980. Zoning is an example of municipal police-power where the borough lands are .divided into use districts, in which only certain types of uses are allowed. This Plan will attempt to blend with their Zoning Ordinance and their Flood Plain Management'Ordi- nance.

Another possible implementation tool is the Official Map. The Pennsylvania Municipalities Planning Code (Act 247) permits the governing body to adopt an official map which defines existing and proposed street rights-of-way. The official mapping of future streets, accompanied-by the xequirement that future,public water and sewer installation be permitted only within such approved rights-of-way, establishes a framework for future development.

The Official Map permits a community to reserve land for the protection of future roads and for the widening of existing roads with compensation normally deferred until the land is actually taken.

Hop Bottom Borough should primarily use their borough zoning ordinance to help guide further growth and protect borough residents from further land use incompatibilities. The Corn-. prehensive Plan that follows will add to their existing local zoning ordinance. , 1 ,

HISTORY

The Borough of Hop Bottom is located within Lathrop Township, with the eastern boundary of the Borough also being the boundary between Lathrop Township and Lenox Township, Susque- f hanna County, in Northeastern Pennsylvania. It is the princi- , pal borough of both townships. The Borough has approximately 394 people and is bisected by one major highway (US Route 11). One railroad, Conrail (previously Erie-Lackawanna), also passes through the Borough and f has a terminal point for shipping although the depot is not maintained.

The Borough sets at an elevation of approximately 865 feet. It is nestled in a valley surrounded by wooded mountains and steep hills that add to its scenic beauty.

The Borough is drained by one major creek; Martins Creek,.- . which merges with Hop Bottom Creek, just outside the Borough's northern boundary and flows south splitting the Borough in half.

Martins Creek eventually merges with the Tunkhannock Creek out of the Borough boundary.

The history of the Borough, as it is delineated today, had its beginning as part of the Devonian System 350-400 million years ago. The last advance of the Continental Glacier, approximately 75,000 years ago, covered large portions of northeastern Pennsylvania and established the drainage patterns.

The glacial action accounts for this area's beautiful lakes, low hills, narrow valleys, flagstone, sand and gravel deposits, , numerous streams and abundant springs.

The first humans were the Indians. Artifacts have been found that indicate Brewerton and Lamokin tribes, (hunting tribes from New York State), were in this area between 6,000 and 1,500 B. C.

The first recorded passage of a white man through the Borough was a Frenchman., named Brule, an associate of the French explorer, Champlain. While exploring the Susquehanna River in the 17th century, he left the river at Great Bend and traveled the Salt Lick Creek and its tributaries and then 4

? followed the Martins Creek until it reached the Tunkhannock Creek at Nicholson, which he followed to the present village of Tunkhannock.

Orson Case was the first permanent settler of Hop Bottom. He was born in Connecticut. Case later gave his claim to his sons who secured title to the large tract of land and subdi- vided it into smaller parcels. People began to move here from Lenox and Harford Townships, built homes and engaged in various enterprises.

Incorporation of the Borough

Hop Bottom became a borough on April 8, 1881, by order of the Susquehanna County court which honored the petition of local citizens. It had been considered a decade before this and petitions had been sent to Montrose and denied. The decision was announced in Montrose on Wednesday, April 13, 1881. The original petitions had requested that the borough be named Foster, but the Court ordered the word Foster on the application to be stricken out and the name Hop Bottom be inserted in its place- There were two hundred and fifty-two inhabitants in the borough at the time. The streets were named, borough officers elected and ordinances drawn up on April 28, 1881.

The shape of the Borough is irregular like a gothic window, with the point towards the south. The east line, an angle, is the Lenox Township line; the north line is within Lathrop Township, about one mile south of the northeast corner and is a half mile long. From this point due south is 1 1/4 miles. At the widest point it is about five-eights of a mile. The Borough has approximately 308 acres of land.

Hop Bottom is solely the creation of the Lackawanna Railroad and for nearly a century of its history, the prosperity it enjoyed was produced by that company. Prior to 1851, the Wright settlement in the northeast corner of Lathrop answered the needs of a village-

In 1787, John Nicholson, Comptroller of Pennsylvania, and owner of extensive tracts of land throughout the State, at- tempted to colonize his lands along the Hop Bottom Creek; and in five years collected about forty Irish and German families from Philadelphia.

He had agreed to supply them with provisions, for the first year at least, and that they should have the land seven years; the settlers in the meantime would clear what land they could, and to build upon each lot a house and barn, and at the end of seven years to have the first right of purchase at the price the land might then be worth.

5 The Lackawanna Railroad

A charter was secured from the Commonwealth of Pennsylvania for the Liggett'.s Gap Railroad, April 7, 1832. Sixteen men subscribed to it. The charter was renewed in 1837, 1842 and in 1847. The privilege of right of way, purchase, and surrender was invested in the sixteen men, and a corporation meeting was held on March 7, 1849. Stock was sold in the Liggett's Gap Railroad to provide working capital.

The road began in Harrison, (now Scranton) and passed through Liggett's Gap to Clarks Summit, Factoryville, and to a point where the Martins Creek flows into the Tunkhannock, thence along the Martins to the Salt Lick and on to Great Bend, a point twenty-seven miles from Nicholson, The total length of the railroad was fifty miles. The grades from the mouth of the Martins Creek northward were twenty-one feet per mile. The object of the Liggett's Gap Railroad was to get coal and freight from the Lackawanna and Wyoming Valleys to New York City and to the Great Lakes at Buffalo. The New York and Erie Railroad was then in the process of construction. At Great Bend, the Liggett's Gap Railroad could transfer the freight cars to the New York and Erie which in turn pulled the cars to their destination. __ .. The railroad had been operating.for nearly a year before Lathrop Township people requested that the privileges of the "D.L." railroad be extended to them. In 1852, an old corn house was fitted out for a depot. Anson B, Merrill was the first agent. He opened the first store in the present Borough of Hop Bottom and was the first postmaster. At this time others began to build near the railroad and the town of Hop Bottom,was begun. In 1863, the Bell family of Hop Bottom gave land to the railroad and the latter built a station. Previous to this time, trains had haltkd at Hop Bottom only occasion- ally. In 1883, a new and larger station was built and served until the railroad abandoned it after 1915. About twenty years ago it was torn down. In the early days, the Hop Bottom depot did a tremendous amount of business, more than any other station in Susquehanna County. The freight business was thousands of tons per month and the passenger traffic averaged between five and six hundred dollars per month.

In 1912, the D.L.&W. decided to relocate the main line from Clarks Summit to New Milford. The new roadbed was about two hundred feet above the old road and several hundred feet east of it. It was all in Lathrop Township, except a very small portion of it on the south and north boundaries of the Lenox

6 line. The purpose of rebuilding was to save twenty minutes travel time between Scranton and Binghamton for the passenger trains and thirty.minutes for the freights. This was accomplished by eliminating twelve complete circles of curves and raising the elevation to make it unnecessary to have pusher engines out of Nicholson. Passenger and freight service at Hop Bottom were discontinued in 1945. The last regular passenger train went through Lathrop Township on November 28, 1966. The Hop Bottom station is now a pitiful reminder that the glory of the railroad has gone. The Lackawanna gave about one century of service to Lathrop Township and Hop Bottom.

After the railroad was dormant far three years, the Delaware and Hudson Railroad decided to purchase the fifty-nine miles of track between Scranton and Binghamton. The purchase was approved and financed by the Pennsylvania Legislature. In October, 1980, the freight trains began to run on the old Lackawanna road bed. There is a promise of renewed railroad activity which is encouraging.

The Scranton and Binghamton Railroad

The Northern Electric Street Railway was incorporated on 1905 after acquiring the charters and franchises of the "Dalton Street Railway Company" and the "Scranton, Factoryville, and Tunkhannock Railway Company." Construction commenced in March 1906. At that time there were no hard surfaced roads but of Scranton toward the north and the automobile was only in its early stages. The Northern Electric was an interurban electric trolley which operated between Scranton and various towns to its north. The first trolley ko leave Hop Bottom was an excursion on Sunday, July 4, 1915. The excursion carried thirty-one people and had gone only to Nicholson and returned. Over one thou- - sand dollars were taken in on ticket sales that week. Top speed was about thirty miles per hour but was impossible on most of the track. Beginning at 6:15 in the morning, trolleys left Hop Bottorrl each hour thereafter until 10:15 at night. One-way trips to Scranton took one hour and forty-five minutes and cost forty-five cents, while a round trip cost seventy- five cents. Trolleys ran on the same schedule except on Sun- day.they,began at 7:15.

The S & B Railroad Company called the station Foster to cor- respond with the Lackawanna Railroad. A passenger station and milk stand were built in Hop Bottom, within the Borough, on High Street.

7 ,

As roads were improved and the automobile was more popular, the trolley began to decline. It never had paid for itself, stockholders received no dividends on investment, and there were other lawsuits. By 1930 the line faced bankruptcy, Service stopped for a short time and the employees took over the operation of the line. Service north of Factoryville was discontinued in 1932.

In 1938, the Department of Highways, arbitrarily destroyed the tracks between Scranton and Chinchilla. The station in Hop Bottom was rebuilt into a dwelling and is presently the residence of Mr. and Mrs. Jack Rettberg.

With the Northern came electricity to Hop Bottom. It was not until 1925 that most of the Borough citizens converted from kerosene to electric lights.

The Lackawanna Trail

The D.L. Railroad roadbed, abandoned in 1915, was finally sold for one dollar to the State Highway Department.

On this roadbed was built the Lackawanna Trail which was opened on June 28, 1922. It extended from Clarks Summit to New Milford, a distance of about thirty-five miles. Soon this road was lengthened to Scranton and Binghamton and was the longest piece of improved road in the entire Common- wealth. Eventually, the road was built to the Water Gap on the south and to Syracuse on the north. By 1940, Route 11, as it was then called, had reached Key West, Florida, and Ottawa, Canada. It was the longest stretch of improved road in they United States.

The Lackawanna Trail was filled with cars from the beginning. At the peak of popularity, in the late 1920-1930 period, as many as one thousand cars would pass through Hop Bottom per hour'on a Sunday afternoon in summer. Restaurants.and lodging places sprang up in Lathrop and Hop Bottom.

The section of the Lackawanna Trail between Nicholson and Hop Bottom was completely rebuilt in 1946. This was done to elimi- nate dangerous curves and widen the road. In Hop Bottom, the old hotel was moved and the general appearance of the east end of Main Street changed. The old depot and another building were torn down to make room for the road.

8 Industrv

The first industry in the township was the erection of a large number of saw mills. The major streams provided excel- lent power. The first one was built at the outlet of Lord Pond when Josiah Lord, Jr., built the dam and mill. Orson Case and sons built a saw mill about a mile south of the Borough in 1830. Elisha and Truman Bell bought this mill in 1856 and operated it for nearly thirty years, shipping most of the lumber to Scranton on the railroad, George and Daniel Miles had small mills in Hop Bottom. The mill of George had a lathe for turning household articles and Daniel had a grist and threshing mill. William Miles had a feed mill and carding mill. The latter prepared wool for spinning at home. In recent times there have been erected modern feed mills within the Borough.

In 1880, there were one hundred fifty milk producing farms in Lathrop Township. In 1884, Oscar D. Roberts opened a creamery in Hop Bottom called "Foster Creamery." He bought only cream from the farmers and shipped butter. There were a number of operators until it went out of business in 1900. A second creamery was built in the spring of 1887, by Marvin L. Tiffany near his water-powered flouring mill in the upper part of the Borough. He also purchased only cream and shipped cream and butter on the Lackawanna.

In Hop Bottom there was an apple drying factory in 1900. The creamery of O.D. Roberts was converted into a dryer, heat being provided by a coal burning.furnace. About fifteen people were employed here in 1910 and carloads of dried apples were shipped out on the railroad. About 1900, a new creamery and shipping station was built and supplanted the others, There was also a bottling plant con- nected with it.

\ . Whole milk was purchased here and shipped out in cans and bottles to New York City. The Lackawanna sent a special train to Hop Bottom each day and three large refrigerator cars of milk were shipped. This went out of business in 1971. Lou Smith of Brooklyn was superintendent here for a long time. The creamery later was owned by Sheffield Dairy.

Schools

The first schools seem to date from 1820 when four log buildings were erected throughout Lathrop for that purpose. They were similar in appearance; a central fireplace protruding * the pyramid roof, dirt floor, shelves around the walls where 9 students stood to do their work, and a recitation bench which was a log split in half with legs attached. One of these was the Wright School near the Hop Bottom Cemetery.

In 1865 new schools were added when Lathrop was divided into school districts, Schools were built in Pine Grove at the triangle; in Glenwood Switch on the Martins Creek; at Maple Grove; at Lakeside, facing Tarbett Pond; and in Hop Bottom. The latter was built in 1858 within the present borough. All of these schools were used by the people in the district for Sunday School, Church services, funerals, adult education meet- ings and town gatherings. ' In 1879 a new school was built in Hop Bottom and classes were held eight months of the year. Eventually this replaced the grade school mentioned above, and was modified'into a two story school with large classrooms. This became the Hop Bottom High School and continued until the Mountain View High School was built. Thereafter it operated as a grade school. In 1979 the Borough Council gained title to the building and school lot, and had the building destroyed by fire. The lot will be used as a park and playground.

The first class to graduate from the Hop Bottom High School was in 1890 and there were four girls in the class. The next year there were five graduates which included one boy. From then until 1959, the last year of classes, there were 398 persons who received diplomas from the Hop Bottom High School. For a very few years there was no'one to graduate. In 1923, the largest class in the history of the school, 23, received diplomas.

/ Churches Methodist services were held in the Wright School House from 1820 on. In 1850 Anthony Wright moved a small frame building to the present cemetery grounds for chuch and Sunday School purposes. Mrs. Samuel Wright had a year previously organized a Sunday School class in her home. This was outgrown and it was decided to build a church near the railroad in the town of Hop Bottom. A lot was given in 1870 by William Po Crandall, located on the hill near the school house. A church was built on .this lot and dedicated on December 15, 1870. This building was torn down in 1889 and the present church and parsonage lots were purchased by Charles H. Kellum, in the center of the Borough. A new church was dedicated January 26, 1890. This building burned early Sunday morning on the 20th of October 1895, when part of Hop Bottom was destroyed by fire. The present church was built on the same spot and dedicated March 3, 1896 and the present parsonage was completed at the same time. 10 The first Universalist Church of Hop Bottom was organized February 27, 1870 and the building was dedicated on the 28th of December 1870 by the Susquehanna Association of Universal- ists. It had aslate roof and a spire nearly one hundred feet high. The church was yoked with Brooklyn and then with Nicholson. The church was unable to support a resident minis- ter and interest began to wane. Most of the Congregation went to Brooklyn. In March 1942 the building was sold to the Lutherans and the church became Grace Lutheran Church of Hop Bottom. Extensive renovations and changes were made which alters the appearance greatly.

Cemeteries

There are four cemeteries in Lathrop Township. The one used by Hop Bottom residents is located near the north boundary of the township and is the oldest. It has had a variety of names through the years, but was first called the Wright Cemetery.

Then when Jonathan Squier bought the Wright farm, he wanted it called the Squier or Squier's Cemetery. It was charted as the Lathrop Cemetery Association in June 1886. It should be called Hop Bottom Cemetery to indicate its location. The land was given by Anthony Wright and began as early as 1824.

Post Offices The post office in Hop Bottom was opened on March 15, 1852 near the railroad. The name was selected because it had previously been applied to the area. Brooklyn was once called Hop Bottom. The hop vines growing along the creek bottoms has suggested the name.

On March 19, 1875 the post office was changed to Foster. The railroad had called the depot "Foster" to honor Ira H. Foster - who had been employed by the railroad and lived in the community. This name was unsatisfactory to the growing town and on March 8, 1876 the name of the town reverted to Hop Bottom again and has remained to the present. It is the only post office with this name in the entire country. The office now is a third class office and services a wide area. It has an R. F. D. route and two star routes,. one which goes to Brooklyn and the other eventually to Susquehanna.

Before the Civil War stage routes went out of Hop Bottom Depot. Philander Bronson carried mail and passengers from here through Lathrop and Niven to Springville. This he did three times a week. A stage went east to Glenwood, another to Gibson. 11 Manny Carpenter operated a stage to Brooklyn every Say for years. He carried freight and passengers in his large wagon, This continued t,o operate until the rural free delivery started in 1905. I

Doctors in Hop Bottom

Dr, Samuel Wright was the first doctor for the Hop Bottom Borough. He began his practice in his home in 1847, but soon he had a wide practice covering six townships. Dr. Wright was a botanical physician and one of the founders of the Eclectic Medical Society in Susquehanna County,

Dr. William Nelson Green began the practice of medicine in Hop Bottom soon after the close of the Civil War. He died on May 24, 1884.

Dr. Perry Schoonmaker settled in Hop Bottom after the death of Dr. Green, and practiced for seven years, then moved to New York City where he was quite distinguished in his pro- f es sion.

Dr. Rufus Thayer came to Hop Bottom from Montrose and practiced here about ten years until 1887. He was a Eclectic physician and after his ten years in Hop Bottom returned to Montrose.

Dr. Charles Abner Johnston became a member of the Susquehanna County Medical Society in 1884. He settled in Hop Bottom where he practiced for fifteen years.

Dr. A. Howard Fassett came to Hop Bottom in July of 1887. He practiced until he was struck and killed by a train on Novem- ber 14,"1891 at the age of thirty.

Dr. Arthur James Taylor came to Hop Bottom in 1892 to take the place of Dr. Fassett. Dr. Taylor gave over 40 years to this community.

Dr. Bessie Lillian Tiffany was born in Hop Bottom and after graduating from medical school was planning to return and take up Dr. Taylor's dedication and continue his work. It was discovered that she had Bright's Disease. She underwent a com- plicated operation without results and suffered intense pain and died thereafter at her father's house on August 18, 1909.

Dr. William Bernard Van De Sand, Dr. Alex Shoun and Dr. Charles Bishop were here briefly. Doctors who graduated from Hop Bottom High School and have moved on to medical school have been: Bessie L. Tiffany, Mollie Gray, Morgan Fitch Taylor, Leon Chesley, and James Taylor Packer. For the past thirty- three years, Dr. John C. Cavender has followed in the noble footsteps of his dedicated predecessors.

12 Serious Fires in the Borough

In less than ten years, the Borough was plagued by four very destructive fires which completely changed the business section of Hop Bottom,

On July 13, 1891, it was discovered that the roof of the Exchange Hotel was ablaze. The Hotel barn was soon a mass of fire and it spread to the Lackawanna Depot which was destroyed with contents. The fire went down Main Street where it ignited a photo studio, a private dwelling, drug store and barn, house and barn, and other buildings. A telegram was sent to Hallstead and the fire company there sent their steamer on a flat car. This was soon put into operation and the rest of the town was spared.

The second fire occurred on December 31, 1891, when five buildings were wiped out. The fire originated in the back of the furniture store and soon the whole town was endangered. Again the Hallstead Fire Company saved the town from total destruction.

The third fire was much worse than the previous ones and con- sumed twelve buildings on Saturday night, October 19th and Sunday morning, October 20, 1895. The light of this fire could be seen for twelve miles. An alarm was sounded but the town had no means to fight the flames except a bucket brigade. Again a telegram was sent to Hallstead with the steamer arriving around midnight.

The fourth fire was a disasterous night fire in 1899 when six buildings in the center of town were reduced to ashes. The fire started in an over-heated stove in the millinery store and raged out of control for hours due to lack of local equipment. 'Also destroyed were the post office, meat market, barber- shop, photograph, gallery and drug store.

There were other fires and the local equipment was inadequate. The Water Company was organized after the first fire and water pipes laid throughout the Borough in 1910. Later a hand pump and two hose carts were purchased. Then in 1936, the Hop Bottom Fire Company was organized and money was raised and a fire truck purchased. Through the years other equipment has been purchased until now Hop Bottom has first rate fire protection. In 1954 the fire hall and community building were erected.

Conclusion

Hop Bottom Borough's growth and prosperity came as a direct result of the Lackawanna Railroad. 13 t

Early residents were those who supplied the area with goods and services. Later when the railroad left, jobs became fewer and fewer, and with advances in transportation, people

I began finding work outside the borough limits.

The community has always been faced with problems. Many of these have occurred by our own making. Because of the changes that are occurring, the Borough is going to have to adjust with them. Good planning can help to adjust with these changes, and with cooperation we can look forward to a promising future.

14 POPULATION STUDY

up until 1970. Since this time period there has been a drastic decline in population (see Table I). Such a high percentage population decrease from 1970-1980 represents an outmigration of people. One factor which may have helped Hop Bottom population decline is the Borough's lack of industry. People in the Borough are and have moved to areas where jobs are readily available. Also, people are moving closer to their jobs to avoid the extra costs of commuting to and from their jobs. This is caused by the present high cost of gasoline.

Hop Bottom Borough has a completely different growth pattern in comparison to the state and county. The Borough claimed a 8.4% loss from 1970-1980 while the county increased 7.3%. This amounts to a loss of 36 people and a gain of 2504 for the county.

The County Planning Office, in projecting the growth for the period 1980-2000, used the one percent growth figure to compute the future growth. We feel the population will stabilize and possibly increase over the next twenty years.

15 TABLE I

POPULATION TRENDS AND PROJECTIONS WITH

% GAIN OR LOSS FROM PREVIOUS FIGURES

Hop Botto&\ Borbugh Susquehanna County Corn. of Pa. 1940 375 33 ,893 9 ,900 ,180

1950 375 0% 31,970 -3.4% 10,498,012 +6.%

1960 381 3. 1.6 33,137 +3.6 11,319,366 +7.3

1970 430 +12.9 34,344 +3.6 11,793,909 +4.2 1980" 394 - 8.4 36,848 +7.3

.. - Projected:

1990 398 + 1 39,427 +7 2000 402 + 1 42,006 +7

The Susquehanna County Planning Office used the 1% figure/to compute the projected future growth. The following graph illustrates the above information.

*1980 populations are preliminary figures and may be subject to change.

16 GRAPH I HOP BOTTOM BOROUGH CENSUS GROWTH RATE 1940-2000

POPULATION

430

I I I I I I I I I I I I 380

375' 375

360

I I 1 1 I I I YEAR I' I 1940 1950 1960 1970 1980 1990 2000

ACTUAL 7-- PRELIMINARY - P-OJEGTED 7

SOURCE * 1070 CENSUS OF POPULATION AND HPUSING DATA TABLE I1

HOP BOTTOM BOROUGH REAL ESTATE TAX BASE 1980

Avg. Taxes Paid Per Taxpayer Assessed 8, of Unit Categori e's Parcels Valuation Total Eoro Only

Residential 112 367,800 66.3 49.25 ( single- fami ly )

Resi den ti a1 18 80,100 15.0 66.75 (multi-f amily)

Residential 10 12 ,000 2.2 18.00 (mobile homes ) Commercial 8 43 ,600 8.0 81.75 Industrial 2 600 .1 45.00 -- -_- Undeveloped Land 3 16 ,000 3.0 N/A Exempt Real 8 29,420 5.4 N/A Estate

Totals 161 549,520 100%

f The 1975 assessed valuation was approximately $483,250 (including the exempt property) or $66,270 less than the 1980 figure for an average annual growth rate of 2.3%. The above information was obtained from the 1980 tax duplicates for the Hop Bottom Borough.

18 IV

EXISTING LAND USE

A survey and analysis of existing land use forms the basis for projections - the future land use plan. An existing land ! use survey is the first step to overall borough planning. Below are listed the categories that will be used for a land inventory. * residential - includes single family dwellings. * multi-family residential - includes all two and multi- family dwellings. * mobile homes - includes both individual units and those in a mobile home park. * commercial - includes retail and wholesale businesses. __ _..- -.- - * industrial - includes manufacturing. * public/quasT-public - includes all municipal buildings, churches, SkToOls, fire stations and state game lands. * forest * open space/vacane/agricultural - includes much of the undeyeloped land in the borough: pasture, vacant (idle land). * transportation - includes all roadway and railway rights- of-way. The tables on the next page show both the acreage and percentage of total area attributable to each land use type.

19 .' .

> .. .

TABLE I11 LAND USE BY ACREAGE

Single & Multi- Family-Residential Mobile Home Commercial 70.1 1.1 6.2

Industrial Public/Quasi-Public Forest- Open Space .6 4.3 104.33 64

Transportation -Total 57.37 308

TABLE IV

LAND USE BY % OF TOTAL LAND AREA /

Single & Multi- Family Residential Mobile Home Commercial

22% .4% 2%

Industrial Public/Quasi-Public Forest Open Space 2% 1.4% 34% 21%

Transportation Total

19% 100%

The above information is only an approximation.

20 Map #2 shows the basic patterns of land use in the Borough. The borough boundaries form the shape of a gothic window, which is bisected by U.S. Highway 11. This highway provides a core for borough development. There is a distinct central business district, primarily at the intersection of Main Street and Route 11.

The business corridor is bordered on the east by the D&H Rail- road. This right-of-way is but one of several constraints on development in Hop Bottom. Residential area lies to the north, south, and west of the Central Business District (CBD). The settled portions of the Borough lie on a snall gravelly plain which is drained by one major stream. Surrounding this plain area are steep hillsides that rise up to 1,200 feet above the developed portion of Hop Bottom. The factors of steep slopes, stream flood plains and transportation rights-of-way combine to constrict developable land in the Borgugh. The development is well illustrated by the Borough's population density. The 394 persons in Hop Bottom (1980 estimate) are settled onto 308 acres of land. Of this total acreage, 70.1 acres are used for residence. There are 5.6 persons/ acre of residential land. If the entire acreage of Hop Bottom is considered, the rate drops to 1.27 persons/acre. Based on these figures there should be a lot of room for growth. The developable land analysis which will follow later proves that this is not the case. The constricting factors discussed above impede further expansion of development in the Borough. Before examining in detail the limits and opportunities for growth in the Borough, the existing land uses will be looked at in detail by category.

Residential

Of the total acreage of Hop Bottom, 22% (70.1 acres) is used €or residential purposes. The majority of the residential uses are single family homes, The balance is divided between mobile homes and multi-family units, with a greater amount of the latter use type.

The main residential area of Hop Bottom is spread along Greenwood Street and Center Street. This area is primarily single family homes with a mixture of multi-family. What new residential housing Hop Bottom has is towards the outskirts of the town.

Mobile homes are scattered throughout the Borough's developed areas. The greatest number of these units, however, are located on South Center Street. Here exists a small mobile home park comprising of four units.

21 Multi-family units are located primarily along Main Str-et and Center Street. These apartments are usually conversions of large older homes where the owners cannot justify single family living quarters.

Commercial Commercial uses account for 2% of Hop Bottom's total acreage. There is a somewhat unified central business district which occurs at the intersection of U.S. Route 11 and Main Street. The 6.2 acres of commercial land also exists in the southern part of the Borough along U.S. Route 11. This area is primarily heavy commercial, such as trucking and repair garages. The C.B.D. consists of several light commercial uses such as a grocery store, barber shop, etc.

Industrial There is one industry in the Borough of Hop Bottom. This is a feed mill which is at the end of North Center Street and is approximately .6 acres and takes up .2% of the Borough's total land use.

Public/Quasi-Public Public/Quasi-public lands account for 1.4% of Hop Bottom Borough. This category has 4.3 acres and consists of churches, schools, and municipal-owned property. The principal acreage of this type is the land for fire protection in Hop Bottom.

/ Forests Approximately 34% (104 acres) of the Borough is in woodland. These areas are located generally along the periphery of the Borough on the hillsides.

Open Space Most of the Borough is in this category. The 64 acres are 21% of the total land areas. Agricultural land takes up a large part of this category which is in the northeast corner of the Borough. Other types which would be included are open vacant land, pastures, and other non-wooded undeveloped lands. These lands are where most of Hop Bottom's future growth will occur. Much of it, however, is unusable due to carrying capacity limitations. This problem will be'addressed in the Future Land Use Element. 22 ,

Transportation

The Borough has approximately 57.37 acres, or 19% of its land area, used for transportation rights-of-way. This figure is due principally to both Route 11 and the D&H Railroad passing through the Borough. Both have wide rights-of-way.

Mixed Uses

The Borough has several areas that have been classified on the Existing Land Use Map as either commercial or residential when, in fact, both uses are found on some lots. Mixed uses can take two basic forms. The first is the home occupation where a structure used principally as a residence, has an incidental commercial use. Map 2 shows home occupations, "predominately residential," as mixed land use. Similar, but distinct from home occupations, is when a commercial use will have residential quarters either above or behind this commercial use. This use, "predominately commercial," is shown on Map 2 as mixed land use.

It is important that these uses be identified as has been done here. Mixed Use Lots will need to be dealt with when the Borough considers land use controls. These uses are not undesirable, but need to be contrdlled to a certain extent, such as requirements for parking facilities and signs.

23 V

OPEN SPACE ANALYSIS

In developing an open space analysis for Hop Bottom, four areas are analyzed in a Natural Resources Inventory (NRI): flood hazard areas, steeply sloping areas, areas of poor soils, and utility easements. The purpose of the NRI is to locate areas that will face critical environmental considerations for development. Areas that have not been identified as critical areas for development can then be examined by other traditional planning criteria. By planning development in correct areas, it should prove less costly in terms of environmental damage and cheaper in dollars and cents for the developer.

In producing the NRI, there are several steps we are going to follow.

Step #1 - Developing a base map of the municipality. The base map will contain water courses and transportation routes. Identifying water courses and transportation routes is essential for determining geographic location. Step #2 - Developing an overlay showing excessive slopes. Information shown on a slope map can be very useful for decisions concerning community development.

Step #3/- Developing an overlay for flood hazard areas. Flood plain mapping is a little more difficult to achieve. There are a couple of ways of doing it. In this case, a survey was conducted to establish the water level during flood stage. The information was then recorded and mapped to give an approximation of the flood plain areas. Step #4 - Developing a map of soil suitability. This is one of the most important maps in the NRI analysis. The type of soil directly affects the type of development and the type of sewage disposal that could be used. The soils information can be obtained from Soil Conservation Service (SCS). There are three basic types of soils we should identify, which are in line with Act 208 and current DER regulations. There are: 1) soils that are suitable for a standard type sewage disposal system, 2) soils that are suitable for an alternate type sewage disposal System, and 3) soils that are not capable of use for subsurface sewage disposal. The soils that are generally not capable for subsurface sewage disposal are

25 ! broken in four subcategories. These are: a) flood plains, b) slopes over 20%, c) soils with a depth of bedrock less than 20 inches and d) soils with a depth of the seasonal highwater table or other limiting factors of less than 20 inches. The maps used by SCS are based on five acre unit surveys and there could be pockets of suitable soils for sewage disposal existing in these five acre sections.

Step #5 - Developing a com2osite map of critical environmental areas. This map is a cmposite of the base, excessive slopes, poor soils and flood plain maps. This will give us an idea of some of the problems that development will face in certain areas. With these basic maps we now have usable information that can be used in some community decision making. This information, wisely used, can help to prevent unwise use of our critical areas that are open to development.

With this information we can then look at zoning, building codes and ordinances as a means of protecting our critical environmental areas.

Steep Slopes ._. . ._. ..

Hop Bottom Borough is located in a narrow valley that is surrounded by steeply sloping forested hillsides. This landform pattern continues both north and south of the Borough. Thirty- four percent of the Borough is made up of woodland. The com- bination of forest, slope, and soil.conditions restricts the amount of developable areas within the Borough. The Borough has to focus its attention to the present developed areas. Map #3 Shows the steeply sloped areas within the borough limits: Because of Hop Bottom's setting in this narrow valley, one would expect the Borough to suffer from severe runoff, The Borough does receive a certain amount of runoff from the surrounding hillsides, but the heavy vegetation cover on the hillsides helps to keep this runoff in check.

If development is to expand to the surrounding hillsides, proper measures will have to be taken to prevent severe water runoff damage from occurring in the Borough. An example of a measure that is taken in order to help prevent severe water runoff is the Sediment and Erosion Control Plan. When development occurs involving earth moving activities that will pro- duce water runoff, such a plan is developed to control the runoff to prevent adverse effects from the runoff; referenced to: Pennsylvania Clean Streams Law and Pennsylvania Storm Water Management Law, 26 F,ood Hazards Flooding is a serious consideration in any town that is nestled in a valley traversed by streams. Hop Bottom is no exception.

The Martins Creek that traverses the Borough rises at an elevation of approximately 1,500 feet. In the distant past the Borough has suffered flood damage. Nature, rather than man, was the cause of the flooding.

Hop Bottom has had a number of floods. Those on record as among the most destructive were these. The first was on th 17th of August, 1901, a Saturday afternoon, when the heaviest rain in the memory of anyone in Susquehanna or Wyoming Counties occurred. It rained for three hours, making small creeks swell, bringing down hugh rocks and a great amount of dirt from every hill and slope. Main and Center Streets were completely torn to pieces and full of rock and debris. All cellars and first floors of the buildings in town were. full of water. Some gullies were twenty feet deep. Every bridge between Tunkhannock and Glenwood, and between Nicholson and New Milford was washed away or considered unsafe for use. All bridges in Lathrop Township were washed away. For months thereafter all streams had to be forded.

The second great flood occurred on June 18th, 1926, on Sunday morning. It was called a cloud burst and many streams of water moved into the Borough, bringing great quantities of the countryside with them.

The third occurred on Sunday evening, August 27, 1967, and great damage was done. In the first flood, the Lackawanna Rail- road s6ffered greatly and all operations came to a halt for eighteen hours. The other floods occurred after the cut-off and the roadbed was higher and the damage was less.

Proper land and stream management of creeks and watershed can help reduce the effect of the flooding even more. In the case of stream overflow the flood areas in the Borough are shown on Map #3.

To help regulate and control flood plain development, the Borough Council of Hop Bottom adopted a Flood Plain Manage- ment Ordinance in June of 1975. This ordinance requires reviewal of all proposed sites and subdivisions as to whether they are flood proof and will minimize flood damage. The ordinance also requires that water supply systems and sanitary sewage systems be designed to withstand infiltration of flood- waters. Soils

Soils in any location play a primary role for any type of development. Because of Hop Bottom's location this is an especially important factor to consider. The soils in Sus- quehanna County suffer from this pattern. Many of the soils in Hop Bottom suffer from slope limitations, high water table, slow permeability and other factors. Table V shows the limitations of the soil types and problems that can occur in development. By identifying these areas, measures may be taken to have suitable development where ever possible. When such measures are taken to ensure proper development, damaging and costly effects to the environment can be prevented. Map #4 locates the various soils in the Borough while the adjoining tables identify the types of soils and their limitations.

29 TABLE V

SOIL LEGEND

FOR MAP 4

Symbol Name- Ba Barbour fine sandy loam Bc Basher silt loam Bf D2 Bath flaggy loam, 3 to 12 percent slopes, moderately eroded Bath very stony loam, 12 to 30 percent slopes * BsD CnB2 Chenango gravelly silt loam, 3 to 12 percent slopes, moderately eroded CnC2 Chenango gravelly silt loam, 12 to 20 percent slopes, moderately eroded LfC2 Lackawanna flaggy silt loam, 12 to 20 percent slopes, moderately eroded . LgB Lackawanna very stony silt loam, 0 to 12 percent slopes LgD Lackawanna very stony silt loam, 12 to 30 percent slopes LgF Lackawanna very stony silt loam, 30 to 50 percent slopes LkC2 Lordstown and Oquaga channery silt loams, 12 to 20 percent slopes, moderately eroded LsB Lordstown and Oquaga very stony silt loams, 0 to 12 percent slopes LsD Lordstown and Oquaga very stony silt loams, 12 to 30 percent slopes LsF Lordstown and Oquaga very stony silt loams, 30 to 70 percent slopes MfD2 Mardin flaggy silt loam, 15 to 25 percent slopes, moderately eroded Mn Mixed alluvial land w1c2 Wellsboro flaggy silt loam, 8 to 15 percent slopes, moderately eroded W1D2 Wellsboro flaggy silt loam, 15 to 25 percent slopes, moderately eroded WsF Wellsboro very stony silt loam, 25 to 50 percent slopes WY Wyalusing silt loam

This information was taken from the Soil Survey for Susquehanna County, Pa.

30 ...... ,, . . .~ .. .. -- ,. ,. . ,. , . ". -...

TABLE VI SOIL LIMITATIONS FOR HOP BOTTON BOROUGH

Limitations Major Problem = SL slight \ DB = Depth to bedrock M = Moderate SP = Slope S = Severe DHWT = Depth to highwater table SHWT = Seasonal highwater table F = Flooding T = Texture P = Permeability GW = Groundwater

On Site Locations for Streets & Park- Buildings Disposal of Buildings of 3 ing Lots for Without -Symbol Sewage Stories or More Subdivision Basements Drainage Ba S:F SrFsP s :F F iF NA Bc S:F S:F S:F S;F NA BfD2 S:SP S!SP S:SP s :SP Slow P BsD S:SP S:SP S;SP S;SP Slow P CnB2 S:GW SL MISP SL JW CnC2 M:SP:GW M:SP s rSP M;SP NA LfC2 s :P M:SP S:SP M:SP NA LgB S M:T M:SP:T SL Slow P LgD S:SP S:SP S:SP S;SP Slow P LgF S:SP S:SP SiSP S:SP Slow P LkC2 S:DB S:DB SrDB M:SP NA LsB S:DB S:DB S:DB SL NA LSD S:DB:SP S:DB:SP S:SP:DB S:SP NA LsF S:DB:SP S:DB:SP S:DB:SP SrSP NA MfD2 S:SP:P S:SP S:SP S:SP T SHWT Slow P S :F Mn S:F S:F S;F NA w1c2 S M :SHWT :SP S:SP M:SP Slow P ld W1D2 S:SP:P t-J S:SP:P S:SP:P S:SP:P T SHWT Slow P WsF S:SP;P S:SP s :SP S:SP : : Slow P WY S F DHWT S :F :DHWT S :F i DHWT S :F :DHWT SP DHWT Flood hazard outlet problem Utility Easements

When we are talking about utility easements for the Borough, we are talking about the land that is incorporated in the right-of-way of the transportation routes. The major concern is with'U.S. Route 11 and the Conrail railroad.

U.S. Route 11 traverses the Borough through its center in a north and south direction. The right-of-way of U.S. 11 is 100 feet. All land on either side of U.S. Route 11, 50 feet from the center line cannot be used.

The D&H Railroad traverses the Borough along the eastern boundary of the Borough on the western side of the Central Business District (CBD). Also, a spur line runs parallel to Route 11 until it ends in the north section of town. This line still is in use.

I VI FUTURE LAND USE

A future land use plan is not just a map, but must include land use goals, objectives, and policies. The plan actually solves nothing, but is a guide for future action. As new data and development occur, the plan will be updated.

Goals and Objectives Before planning in a community can begin, a basic set of goals has to be established.

Long Range Goal The ultimate planning goal for the Borough is to manage, conserve, and utilize land, water, human and housing resources in a rational manner for the present and future population of the Borough. This is an ideal goal and as such it will be the ultimate toward which the residents and government of the Borough are always striving.

Intermediate Goal The intermediate range goal is designed for a five to twenty year pgriod. In the case of Hop Bottom, the intermediate goal is to utilize the local planning process through the Hop Bottom Borough Planning Commission and Susquehanna County Planning Commission and to put into effect the future land use plan through the implementation techniques best suited to Hop Bottom.

Short Term Goals

The short term goals are designed to be implemented over a short time period (usually from one to five years). Several short-term goals have been developed for the Borough. These goals include the following: (1) Provide for easy access to goods and services for all citizens of the Borough.

(2) Establish guidelines for growth and development. 34 (3) Increase recreational opportunities for all citizens. (4) Provide a safe, sanitary, decent housing unit for every family in the Borough.

(5) Provide a wholesome natural environment for citizens to enjoy.,

No-Growth Areas

Determine which areas of the Borough are not suited for growth and development and identify them. The following are policies that will be followed: There shall be no growth and development in such areas designated so in the future land use plan, such as flood hazard areas or steeply sloping areas. Proposed development in the limited-growth areas will come under extensive review of the Hop Bottom Borough Planning Commission,

(3) There shall be no growth and development in areas of archaeological or historical importance or in areas of cemeteries or grave sites.

There shall be no growth and development in any nature center areas set aside by the Commonwealth or Borough, such as the State Game Lands.

Land Use Planning

An appropriate amount of land for development with growth guidelines shall be set aside for each type of land use needed by, the Borough's present and future population. -_ The Comprehensive Plan shall be officially adopted by the Borough Council. The social, economic and physical needs of the citizens and the Borough should be continually reevaluated so that land available for development can be reallocated to meet changing conditions. In effect, this process includes review, revision and updating of the future land use plan.

(3) All decisions affecting the future disposition and development of urban land -- for example, those relating to zoning -- shall be in conformance with the future land use plan.

35 Land Use Compatibility

Land uses should be arranged so that they are compatible, com- plementary (where appropriate) , and stable. Residential uses should be located in areas which contain, within reasonable walking distance, necessary local service uses such as neighborhood parks and neighborhood commercial facilities.

Community commercial uses should be located in centers of concentrated activity and should be afforded direct access to the arterial street sys tem . Industrial uses should be located to have direct access to highways and, where necessary, railway facilities, and have reasonable access to airport facilities.

Incompatible land uses should not be mixed except in planned development.

Recreation

Recreation and open space should be provided within reasonable walking distance of all citizens so that a full range of facilities can be provided to support a year round recreation program for all age groups,

(1) The Borough should begin immediately to implement a systematic land acquisition program and continue acquisition and the construction of open space facilities to meet the needs of its citizens.

(2) All methods of land acquisition should be considered: gifts, endowments, acquisition of improvement and development rights, the use of tax delinquent land, and federal recreation and open space grants.

(3) The Borough should continue to use private lands and facilities where possible to supplement publicly owned recreation facilities.

36 Commerc la1 Fac i 1i ti e s Suitable commercial sites should be provided to satisfy neighborhood and community consumer demands; however, the amount and distribution of land reserved for commercial use should not at any time greatly exceed the land needed at that time to meet the economic demand for commercial facilities.

(1) A concentrated area should be provided as the principal location and commercial center of activities primarily concerned with the sale of the shopper's goods. (2) Both the concentrated area and their commercial development should meet the following minimum requirements:

a. Direct access to the arterial street system. b. Available adequate water supply and safe on- lot sewage disposal.

c. Provision of adequate off-street parking. d. Provision of well-located points of ingress and egress which are controlled to prevent traffic congestion on adjacent arterial streets. e. Provision of adequate screening to serve as a buffer between commercial uses and adjacent / non-commercial uses. f. Provision of adequate setbacks from major streets.

(3) Complete and contained outlying commercial facilities should be developed to serve the neighborhood shopping demands for convenience goods. Neighborhood commercial facilities should meet the minimum standards.

a. Central location so as to serve several neighborhoods rather than just one.

b. Sufficient size to accomodate neighborhood shopping uses to convenience goods demanded of nearby residential areas.

37 ,

C. Provisions of sufficient off-street parking facilities with controlled ingress and regress.

d. Accessible without undo interference to traffic movement along major streets or without intro- ducing needless traffic in residential neighborhoods.

e. Contain appropriate site planning devices (buffers, controlled ingress-egress, setbacks, landscaping, controlled signing and lighting) to assure good quality development. , (4 1 Strip commercialism should be completely avoided in the future. Negligent spot and strip zoning for the provision of commercial facilities should cease in order to prevent the undermining of existing commercial and residential uses.

(51 The amount and distribution of land zoned for commercial use should coincide as closely as possible at all times with the existing economic need for such uses.

Utilities

I As of the present time, no public sewage line is in the Borough. All of the sewage needs are taken care of by on-site systems.

Objectives of Future Land Use Plan 1

The objectives of the Future Land Use Plan is to provide a guide for future development of the borough. The plan is not permanent nor unchangeable, but general enough to provide flexibility in meeting unforeseen conditions. The plan provides for the following: * Continuation of existing beneficial land use trends and correction of undesirable patterns of development, uses. * A logical and beneficial relationship of land * The framework for determining other necessary plans and decision in relation to community facilities and major thoroughfares.

38 * Information for borough residents so that they will know what is goingto,happen to their land and their neighborhood. * An overall picture of the borough-to assist officials and residents to better understand their community.

* Flexibility in meeting unforeseen conditions which will dictate modification.

The Future Land Use Plan will show all land in accordance with a well-developed, orderly arrangement of land use. The best situation would result if all lands were developed in accordance with the plan presented, but this is probably not an economic reality because existing development will remain, at least for its economic life span. After its economic life is over, it will be up to the borough to decide whether that land use should continue or not.

The plan presented is one way of developing the borough in an orderly beneficial manner.

The economics are based upon grouping similar land uses. There are non conforming uses which can be left or cor- rected in the future, after their economic life is over.

The Future Land Use Plan will require updating every 5 years. Although it was prepared for a twenty year period, the exact number of years to which it will be applicable will depend upon the extent to which changes occur in the borough's economic population and physical composition. This plan is flexible'and expandable to meet the economic, physical and population growth should it occur at a faster or slower rate than predicted.

- The accompanying Future Land Use Map (Map # 5) illustrates how the borough might be developed by the year 2,000, if the land development policies recommended in this study are followed conscientiously. The plan has been derived by care- ful consideration of both the present and projected zoning _- patterns and uses, borough and regional thoroughfare systems, utilities, community facilities, service areas, anticipated .population and economic structure of Hop Bottom, topography and general environmental characteristics.

39 PROJECTED LAND USES

The projected land uses have been consolidated into five major groupings: residential, commercial, industrial, public and quasi-public, and open space.

Residential

Future land use in the borough for residents will not show too many changes. Single-family dwellings will predominate. Some single-lot mobile homes and multi-family additions will be between the CBD and the surrounding single-family residence areas. Little expansion of residential areas is possible because of limited development areas. Factors such as soils, steep slopes, flood hazard areas, and transportation right-of-ways all limit buildable land. Present development and future construction may be eliminated on the boroughs flood hazard areas because of federal and impending regulations. New development will be located outside of the town center near the borough boundary where it is suitable for development.

Commercial . /

The borough possesses two major commercial areas: * CBD (Central Business District) * U. S. Highway 11

Central Business District

The Central Business District is the old commerical center of town. The area, however, has been hemmed in by residential and public lands which preclude expansion of the areas, but redevelopment is a possibility. !

This area is in need of refurbishing, such as new store fronts and parking along Main Street. Provision for off-street parking should be considered in future land use controls. It is recommended that the Borough pursue a study and redesign of the CBD to make it more efficient and more attractive. Pres- ently, there exists a garage, bank, post office, grocery store, general store, insurance., offices and a barber shop.

i U.S. Highway 11 I This commercial area is located on the southern edge of the Borough along U.S. 11. The commercial uses here are primarily t oriented to the trucking industry with fuel storage and repair garages. The U.S. Highway 11 area- has the highest traffic volume in the Borough which would tend to foster and support many types of growth. The development here is more open and without the attractive tree-lined streets. Landscaping and design studies could enhance the southern gateway to the Borough.

Industrial

There is a limited amount of industrial land in the Borough and little expansion is expected. The existing site, just north of the center of town at the end of North Center Street, is 1: the Ross Brothers Feed Mill. The Borough lacks the sufficient quality open land for extensive industrial expansion.

I: Public/Quasi-public

Pending acquisition of additional lands by public bodies or churches, public/quasi-public is not expected bo increase. The Borough at this time, however, has no immediate plans for any acquisitions.

Open Space

This land use category includes vacant land and buffer areas. Much of the existing developable open space is projected (if needed) to be used for residential needs. This category does not include the flood hazard areas or forest.

41 . i ,< *’

Forest

The heavily wooded areas are confined to the hillsides surrounding the developed area. The forest primarily occupies the steeply sloping areas that exhibit poor soils for on- lot sewage. Logging operations have not existed inside the Borough for some time now.

Flood Plain

The flood hazard areas are considered undevelopable. Federal and impending state regulations may ais0 support the preclusion of further commercial and residential uses. Further land use controls should consider the restriction of dwellings in these areas. Currently, the Borough is under the restrictions of their own Flood Plain Management Ordinance, which was adopted in June of 1975.

42 WHEREAS, the Council of the Borough of Hop Bottom f

Pennsylvania, having complied with Act , did give due notice of a public hearing on April 13 and 20, 1981 in the Scranton Tribune, and did conduct a public hearing on

19 81, at the borough bldg , the 28th day of April f- on the Comprehensive Plan

BE IT THEREFORE RESOLVED by the Council of the Borough of Hop Bottom , Pennsylvania, that the Comprehensive Plan is hereby adopted as an official plan of the

Borough of HOP Bottom , Pennsylvania on this 5th day of - May 19- 81.

Secretary HOP BOTTOM BOROUGH ZONING AND BUILDING ORDINANCE BOOK INDEX I BUILDING PERMIT ORDINANCE 75-2 INDEX I1 ZONING ORDINANCE 82-2 INDEX I11 FLOODPLAIN ORDINANCES 85-2, 89-3, 95-2 HOP BOTTOM BOROUGH ZONING AND BUILDING ORDINANCE BOOK

Index I Building Permits Ordinance No. 75-2 Section 1. Statement of Intent PaPaie e 1 Section 2. Definitions A. Building B. Person C. Structure I Section 3. Application Procedure Page 2 Section 4. Issuance of Permit Fabe 2 I Section 5. Permit Changes PaFe 2 Section 6. Placards Pa e 2 Section 7. Start of Construction Pa e 2 Section 8. Inspection and Revocation Pake 3 Section 9. Fees (refer to page 5) Page 3 Section 10. Appeals Pa'ge 3 Section 11. Penalties Pake 4 Section 12. Severability Clause Page 4 Section 13. Effective Date Pake 4 Section 14. Fees Ordinance No. 92-3 Pake 5

Index I1 Zoning Ordinance No. 80-2 Article I General Provisions Palge 1 I Section 1.100 Short Title Palge 1 Section 1.200 Application of Ordinance Page 1 Section 1.300 Purpose of the Ordinance PJge 1 Section 1.400 Community Development Objectives Pa'ge I. Section 1.500 Intrepretation Palge 2 Section 1.600 Effective Date Pdge 2 I Section 1.700 Supplemental Legislation Palge 3 A. Planning Code B. Codes Section 1.800 SavTng Clause and Conflicts Pzige 3 Section 1.900 Repealer Page 3 I I Article I1 Definitions Page 5 I Section 2.000 Applicable Definitions Pige 5 Accessory Use or Structure. Alley. Apartment. pyge 5 Board. Building. Building Height. Building Pyge 5 Principal. Commission. Council District or Zone. Pqge 6 Dwelling. a. Dwelling, Single. b. Dwelling, Two Pqge 6 Family. c. Dwelling Mobile Home. d. Dwelling, Page 6 Multi-Family Dwelling Unit. Essential Services. Exception. Pdge 7 Family. Garage, Private Parking. Garage, Public Page 7 Parking. Home Occupation. Page 7 Junk. Lot or Zone Lot. a. Lot Corner. b. Lot, Page 8 Depth. c. Lot Lines. 1. Lot Line,Front. 2. Lot, Page 8 Rear. 3. Lot Line, Side. 4. Lot Line, Street or Pyge 8 Alley. d. Lot Width e. Lot Area Pzige 8 Nonconfirming Lot. Nonconforming Use or Building. PageL9 Parking Area, Private. Parking Area, Public. Pdge 9 Permitted Use. Person. Professional Office. Page 9 Right-of-way. Page 9 Sidewalk. Sign, Advertising. Sigh, Business. pyge 9 Siqn, Gross Surface Area of. Story. a- Story, Page 10 Half. b. Story, First. Page 10 I Street. Structure. Structural Alteration Page 1: Travel Trailer. Yard. a. Yard, Pront. b. Yard Side Page 1; c. Yard, Rear. Page 1: Variance. Zoning Officer. Page 1:

Article 111 Establishment of Zoning Districts Page 12 Section 3.100 Names of Zoning Districts Page 12 Residential. Commercial. Industrial. Mobile Page 1: Home. Public/Quasi-Public. Open Space/ Page 12 Agricultral, Forest. Page 12 Section 3.200 Zoning Map Page 12 Section 3.300 Interpretation of Boundaries Page 1:.

Article IV Basic District Regulations Page 1:

Section 4.100 Basic Regulations Page 12 Regulations Governing the Use of Land Regulations Governing the Size of Lots, Buildings, E:: ;j and Lots. Section 4.200 Uses in Zoning Districts Page 1.3 Permitted Uses. Excetions. Page 1: Schedule I: Regulations Governing the Use of Land Page I4 Schedule 11: Regulations Governing the Size of Page 19 Lots, Yards, and Building for Permitted Uses. Section 4.300 Use Classes Page le Class 1- Residental. Class 2- Light Commetical. Page 16 Class 3- Mobile Homes Page 16 Class 4- General Industrial. Class 5- Customary Page 17 Accessory Use and Essential Services. Class 6- Page 17 Appropriate Public Uses. Page 17 Class 7- Apartments and Conversions. Class 8- Page 1E Related Residential Uses. Page 1F Section 4.400 Regulations Governing Exceptions Page 18 Mobile Homes. Appropriate Public Uses. Apart- Page 15 ments and Conversions. Related Residential Uses. Page 19 Article V Supplementary District Regulations Page 2C

Section 5.100 Permitted Deviations from Required Areas Page 2C Height Limitations. Front Yard Exception. Page 2C Projections into Yards. Page 2C Section 5.200 Unique Lots and Building Locations Page 21 Two or More Buildings on a Lot. Through Lots. Page 21 Lots Fronts on an Alley. Side Yard of a Corner Page 21 Lot. Corner Lots. Page 21 Section 5.300 Accessory Structures and Uses. Page 22 a. Unattached Structures Accessory to Residential Page 22 Building. b. Unattached Structures Access6ry Page 22 to Non-Residential Buildings. Home Occupations. Page 22 Private Parking Areas and Garages. Home Gardens, Page 23 Nurseries, and Greenhouses. Refuse. Page 23 Section 5.400 Signs Page 23 General. Business and Advertsing. Business Page 23 Si ns. Location Of Signs. Page 23 Ilfumination. Temporary Signs. Page 24 Section 5.600 Conforming Uses and Buildings Page 2.-

P Article VI Administration and Enforcement Page 2.' Section 6.100 General Procedure Page 2; General Sequence of Steps. Zoning Permit Types Page 2- a. Permitted Uses. b. Exceptions. c. Zoning Page 2" Permit After an Appeal or a Eequest for a Variance Page 2" Section 6.200 Zoning Officer Page 2sT

Ordinance 94-2 Amendment to Zoning Map Changing Commercial to Light Industry

Article 3 Establishment of Zoning Districts Section 3.100 Naming of Zoning District Section 3.200 Zoning Map. Atricle 4 Basic District Regulations Schedule I. Schedule 11. Section 4.300 Use Class Restrictions. Legislative Intent. Effective Date. . Ordinance 95-3 Dangerous Building Ordinance Page 39 i

3 Section I Title. Page 39 Definitions. Borough. Council. Dangerous . Page 39. Building. Extermination. Garbage. Page 40 Infestion. Rubbish. Page 40 Section I1 Dangerous Building as Nuisances Page 40 Section I11 Investigation Procedures Page 40 Section IV Standards for Repair, Vaction, or Demoltion Page 40 Section V Enforcement Procedures Page 41. Section VI Penalties Page 41 Section VI1 Emergency Cases Page 42 Section VI11 Act 98 Of 1992-Fire Escrow Law Pages 42 43 Section IX Severability Page 44 Section X Repealing Clause Page 44 Section XI Effective Date Page 44 Index I11 FLOODPLAIN ORDINANCE

Ordinace 85-2 Page 1 Article I General Provisions Page 1 Section 1.00 Statement of Intent Page 1 Section 1.01 Applicability Page 1 Section 1.02 Abrogation and Greater Restrictions Page 2 Section 1.03 Severability Page 2 Section 1.04 Municipal Liability Page 2 Article I1 Administration Page 3 Section 2.00 Issuance of Buildingpermit Page 3 Section 2.01 Appliaction Procedures Page 3 Section 2.02 Fees (Refer to Index I page 5) Page 4 Section 2.03 Start of Construction Page 4 Section 2.04 Inspection and Revocation Page 4 Article I11 Enforcement Page 5 Section 3.00 Notices Page 5 Section 3.01 Penalites Page 5 Section 3.02 Appeals Page 6 Article IV Floodpalin Provisions Page 7 Section 4.00 No Construction or Development Page 7 Section 4.01 Identification Page 7 Article V Variances Page 8 Section 5.00 Variances Pages 8- Section VI Definitions Page 10 Section 6.00 General Page 10 Section 6.01 Specific Definitions Page 10 a. Construction. b. DeveloDment. c. FloodDlain Page 10 Area. d. Mobile Home. e. Oie Hundred Year-Flood. Page 10 f. Structure. g. Substantial Improvement. Page 10 h. Subdivision. i. Mobile Home Park. Page 11 Article VI1 Effective Date Page 12 Ordinance 89-3. Page 13 Article I Genera3 Provisions Page 13 Section 1.00 Statement of Intent Page 13 Section 1.01 Applicability Page 13 Section 1.02 Abrogation and Greater Restrictions Page 13 Section 1.03 Severability Page 14 Section 1.04 Municipal Liability Page 14

Article I1 Administration Page 14 Section 2.00 Issuance of Buildinn Permit Page 14 Section 2.01 Application Procedures Paie 15 Section 2.02 Fees (Refer to Index I Page 5) Page ,15 Section 2.03 Start of Construction Section 2.04 Inspection and Revocation Article I11 Enforcement Section 3.00 Notices Section 3.01 Penalites Section 3.02 Appeals Article IV Floodplain Provision Section 4.00 No Construction or Development Section 4.01 Identification

Article- V Variances Section 5.00 Variances

Article VI Defintions Section 6.00 General Section 6.01 Specific Definitons a. Construction. b. Development. c. Floodpalin Area. d. Manufactured Home. e. Manufactured Home Park. f. One Hundred Year Flood. g. Structure. h. Substantial Improvement. Article VI1 Effective Date Ordinance 95-2 Article I General Provisions Section 1.00 Statement of Intent Section 1.01 Ayplicability ’ Section 1.02 Abrogation and Greater Restrictions Section 1.03 Severability Section 1.04 Municipal Liability Article I1 Adninistration - -- wnuvWK~7UVLLC'Uli 'l'li!S- UUI

An Ordinance dividing the Borough of Hop Bottom into districts and regulating the use of land and the location, use and density of buildings within these districts and providing for the administration and enforcement of this Ordinance.

The Borough Council of the Borough of Hop Bottom hereby ordains and enacts as follows:

ARTICLE I - GENERAL PROVISIONS

1.100 SHORT TITLE This Ordinance shall be known and cited as the iiBorough of Hop Bottom Zoning Ordinanceii,

1,200 APPLICATION OF ORDINANCE

No building, structure or land shall be used or occupied- and no building or part thereof shall be erected, moved, enlarged - or structurally altered unless in conformity with the regulations of this Ordinance, except that any existing buildi: or use may be continued, maintained or repaired. 1.300 PURPOSE OF THE ORDINANCE This Ordinance is adopted to promote public health, safety, morality and the general welfare, encourage the most appropriate use of land, conserve and stabilize the vslue of property, to prevent overcrowding of land, lost of health, life, or property from fire, flood, panic, or other dangers.

1,400 COMMUNITY DEVELOPMENT OBJECTIVES In pursuance to the Pennsylvania Municipalities Planning Code as amended, the following community development objectives have been established:

-1- To the - - 1. stimulate economic growth within community, 2, To conserve and promote the public health, safety an general welfare of the present and future inhabitant of the Borough of Hop Bottom, 3, To foster, provide and maintain a sound tax structur 0 ic 4. To preserve the natural, scenic, historic and aesthe character of Hop Bottom, while safe guarding it agai st adverse environmental impacts and controlling and - regulating its orderly growth, development and maintenance.

1, SO0 INTREPRETATION In the interpretation and the application of the provisions of this Ordinance, such shall be limited to the minimum requirements for the promotion of the health, safety, morals and general welfare. It is not intended to interfere with or abrogate or annul other rules, regulations or ordinances, provided that where this Ordinance imposes greater restrictions upon the use of buildings or premises, or upon the height or bulk of a building, or requires larger open spaces, the provisions of this Ordinance shall prevail. I I

I 1,600 EFFECTIVE DATE 1 This Ordinance shall take effect immediately subsequent I to the enactment hereof,

-2- 1.7~..i- SI~P~EMENTALLEGISLATION

PLANNING -CODE This Ordinance hereby adopts Articles I, VI, IX, X of the Pennsylvania Municipalities Planning Code, Act 247 of 1968 as amended by Act 93 of 272 and Acts 194 and 272 of 1974, hereinafter referred to as the Planning Code, Where any portion of the Planning Code is in conflict with any portion of this Ordinance, that portion of the Planning Code shall prevail,

CODES

The existence of a Building Code, with existing and future amendments is hereby acknowledged. I 1,800 SAVING CLAUSE -AND CONFLICTS SAVING CLAUSE: That nothing in this Ordinance hereby adopted shall be construed to affect ary suit or pro- ceeding pending in any court, or any rights acquitted or existing under any act or ordinance hereby repealed or cited in this ordinance, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this Ordinance. CONFLICTS: In any case where a conflict exists between any portion of this Ordinance and any other portion of this Ordinance or of any other Ordinance, or the Flood Plain Management Act of 1978 (Act 166) the more restrictive portion shall have precedence and shall prevail.

1,900 REPEALER

All prior ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed to the

extent of such inconsistency, /

-3- - _-. -. ARTICLE 2 - DEFINITIONS - -I' 2.100 APPLICABLE DEFINITIONS

Except where specified in the following definitions, all -.. words used in this 0rdinanc:e shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word Ifbuildingf1shall include the word ttstructuretl; and the word I1occupiedlt or Itusedft shall include "arranged, designed, constructed, altered, 1 converted, rented, leased, or intended to be used"; the I word ttshalltl is intended to be mandatory; the word "abuttt j I shall include the words *Idirectly across fromtt. I

Accessory Use or Structure. A use or building structure subordinate to and located on the same lot as the principal use or building and serving l a purpose customarily incidental to the use of the I principal building.

Alley. A public or private way affording only second- I ary means of access to abutting property.

dwelling.

Board. The Zoning Hearing Board of the Borough of Hop Bottom, hereinafter referred to as tlBOardll.

Building Heiqht. The vertical distanc Jf a building! measured from the average level of the highest and lowest portion of the building site covered by the building to the ceiling of the uppermost story, unles ~ otherwise specified in this Ordinance. / l- Buildinq, Principal. A building in which is conductedi I the main or principal use of the lot on which it is

1 . situated. I I -5- Commission, The Planning Conllrlissiori of the Borough 4 - of Hop Bottom.

Council, The Borough Council 01 the Borougn of Hop Bottom, bistrict or Lone, H portion of tile territory of the Borough withiri wiiicii certain uitilorni regulatiorls and r equir eli~entsor various combirlat ioris ti.iereof apply under the provisions of tiiis iricliriarice, Dwellin&, Any builuing, vehicle or pol tiori theLeo1 uesitged or useu pr irrlarily as tile 2 esiuerice or sleeping place of one or more persons. ?'he term awelliiig shall not 'be aeeineu to include an aiitomobile court, rooming house, tourist home, or hotel. a. Dwelling, Single-Fainily , A uetacheci builuing, Uesigned for or occupieu exclusively by one family ,

b. lhelling, Two-k'amily. A aetached or semi-uetached building where not more than two individual families or Lwelling units are entirely separated by vertical walls or horizontal floors, unpiercea except for access to the outsiae or to a coninion cellar,

C, Ljwvelling,, hobile Home. A vehicle, or part thereof, useu for permanent livink or sleepink quarters mu stanclirig on wheels or on rigia supports, except for a travel trailer as ueiirieu herell-*, anu con- tairling not nioLe tiiari oiie uwelling unit, but excluuing preiabricateu iioiiies or sections thereof. d. Dwelling, Iwlti-Family, A builuing ciesibi,eu ior occuparicy by three (3) 01 ~110~eiamilies livirio inuepenaently 01 each otrier , and cc,itaii,ing three (3) or iuore dwelling units.

-6- (or Kitcnenette) ail& saniiary iLcilities iri a ubellir,& structure, uesigiieu as a wlit ior occuparicy by not mre,

- than one (1) family ior livirlc. al-iu sleepiiiL pulposes.

purposes.

-7- mn -Junk. Junk shall include any autonobile, truck, or trniler unless within the preceding twelve months s?id automobile, truck or trailer did have a valid inspection sticker, end mined, processed, or manufactured goods that are worn, deteriorated, discarded or obsolete as to be unusPble in their existing condition, but may be subject to being dis- mantled and salvaged.

Lot or Zone Lot. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this Ordinance, and having frontage on a public street.

a. Lot, Corner. A lot situated at and abutting the intersection of two (2) streets having an interior angle of intersection not greater than one hundred thirty- five (135) degrees. b. -Lot, Depth. The mean horizontal distance between the front and the rear lot lines.

C. Lot Lines. The property lines bounding the lot.

1. Lot Line, Front. The property boundary line sey?r- ating the lot from the street leg81 right-of-way li 2. Lot Line, Rear. The lot line opposite and most distant from the front lot line.

3. Lot Line, Side. Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.

4. Lot Line, Street or Alley. A lot line separating the lot from a street or alley. d. --Lot Width. The average horizontal distance as measurec between the side lot lines and parallel .to the front lot line.

e. Lot Area. The computed area contained within the lot lines, -a- CIC. for the district in which said lot is situated.

Parkinq Area, Public. An open area, other than a street or other public way, used for the parking of vehicles 1 and available to the public whether for a fee, free or1 as an accommodation to clients or customers.

Permitted Use. Any use which does not require special, the the action by Board and by Commission before a I zoning permit may be granted by the Zoning Officer. I Person. Any natural person, association, partnership,' firm, corporation, society or club, whether profit or 1 non-profit. I I Professional Office. The use of office and related i space for such professional services as are provided byI physician, dentist, clergyman, lawyer, teacher, realtor, insurance agent, accountant or other professions of like-1 character. I Right-of-Wav. Any road, street, alley, sidewalk, passage- c way, porch or entrance intended, regardless of ownerseip, to serve as an area to be utilized by the general public, either vehicular or pedestrian, providing that this area I -- b -9-

\ is not enclosed within the sidewalls and roof of a main M- structure. Sidewalk. A passageway for pedestrians along the side of a streFt.

Siqn, Advertising, A sign which directs attention to a business, commodity, service, or entertainment conducted sold, or offered elsewhere than upon the premises where such sign is located,

Siqn, Business, A sign which identifies a business or professi-n conducted or a commodity, service, or entertainment sold or offered upon the premises where such sign is located,

Sign, Gross Surface Area of. The entire area within a single continuous perimeter enclosing the extreme limits of such s5-.n and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming i3n integral part of the display. The gross surface area of any multiple face sign shall include the sum of all faces excepting in the case of a double face sign with the two faces opposite to each other. Then only one fsce shall be included in the computation of gross surface area, Story. That portion of a building which is included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and ceiling next above it.

a. Story, Half, A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four (4) feet above the floor of such story, b, Story, First, The lowest story or the ground story of any building, the floor of which is not more than twelve (12) inches below the average contact ground level at the exterior walls of the building.

- 10 - 4- Street. A public or private thoroughfsre which aftords the prii .pal means of vehicular access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other such thoroughfpr except an alley.

Structure. Any building or facility constructdd, the u 9 of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including stationary and portable carports and swimming po~ls, Structural Alteration. Any change in the structural members of a building, such as walls, columns, beams nr girders, except for repairs or maintenance, or any addition to any structure. Ch-*)ad at 3s Travel A vehicle, less thanMfeet in length1 meetk3 Trailer. Qdo?t q/r6/gd and customarily used for temporary living or sleeping ' purposes, and designed to be transported on directly- i, attached wheels, i -Yard, An open space, as may be required by this I Ordinance, on the same lot with a building, unoccupied and unobstructed from the ground upward except as I herein permitted, i a. Yard, Front, An open space extending the full widt of the lot between a building snd the front lot line,1 unoccupied and unobstructed from the ground upwsrd 1 except as specified elsewhere in this Ordinance. I bo Yard, Side, An open space extending from the frontI yard to the rear yard between a building and the ! nearest side lot line, unoccupied and unobstructed 1 from the ground upward except as specified elsewhere in this Ordinance. I

C. Yard, Rear, An open space extending the full width! of the lot between a building and the rear lot linei, unoccupied and unobstructed from the ground upward except as specified elsewhere in this Ordinance. !

- 11 - Variance, The Board's authorized departure froWtTre text of this Ordinance in direct regard to a hardship peculiar. to an individual lot in accordance with the procedures set forth in this Ordinance.

Zoninq Officer. The administrative officer cherged with the duty of enforcing the provisions of this Ordinance or a duly authorized deputy,

3,100 Names of Zoning Districts, The Borough of Hop Bottom is divided into the following districts: R-1 Residential C-1 Commercial 1-1 Industrial M-1 Mobile Home P-1 Public/Quasi-public A-1 Open Spa ce/Agri cultura 1 F-1 Forest 3 200 Zoninq Mag. The location and boundaries of these districts are established as shown on the atta,?hed&ning Map of the Borough of Hop Bottom, dated fig:;;&, The Zoning Map is hereby made a part of this Ordinance, together with all future notations, references, and amendments. Interpretation of Boundaries,

If uncertainty exists as to the boundary of any district shown on the Zoning Map, the Zoning Hearing Board shall determine the location of such boundary. Such interpretation shall take into account actual boundaries or' property.

- 12 -

2... ARTICLE 4 - BASIC DISTRICT REGULATIONS It __i -

'- 4,100 Basic Regulations. The basic regulations governing the use of land, the size 1 of lots, yards and buildings within each Zoning District are established in this Article. For certain specific uses or exceptional situations, these b3sic regulations are supplemented by other provisions of this Ordinance.

Regulations Governing The Use of Land. Regulations governing the use of land within the various Zoning Districts shall be as set forth in ScheduleI. Regulations Governing the Size of Lots, Yards and Buildings. Regulations governing the size of lots, yards, and buildings in the various Zoning Districts I for Permitted Uses shall be as set forth in Schedule 11.

4,200 Uses In Zoning Districts. Permitted Uses. Uses listed as "Permitted Uses" in Schedule I shall require no special action by the i Board or by the Commission before a zoning permit I may be granted by the Zoning Officer. I Exceptions. Uses listed as llExceptionsll in I Schedule I shall require individual consideration ! in each case because of their unique characteristics. Such "Exceptionst1 may be permitted only upon authorization by the Board, subject to certein I I conditions and safeguards , as provided for herein 1 and after review by the Commission.

- 13 - SCHEDULE I Regulations Governing the Use of Land

Use Class Zoninq District R-1 C-1 1-1 M-1 P-1 A-1 1. Residential X X 2; Light Commercial X x 3. Mobile Homes 0 X 0

4, General Industrial X

5, Customary Accessary Uses and Essential Services X X X X X X 6, Appropriate Public Uses 0 0 0 x 7. Apartments and Conversions 0 0

80 Related Residential Uses 0 0

X = Permitted Use

0 = Exceptions

- 14 - no

I SCHEDULE I1

Regulations governing the size of lots, yards, and buildings for permitted uses.

Zoning District R-1 C-1 1-1 M-1 P-1 A-1 1 F- I

Minimum Lot Size 2

Width (ft.1 75 50 100 75 50 200 I 2 I Depth (ft.1 75 75 100 75 50 200 1 2

Minimum Yards

Front (ft.1 10 10 20 10 10 2o I Rear (ft.1 10 10 20 10 10 20 ! Each Side (ft.1 10 5 20 10 10 15

Side abutting R-1 (ft.) - 10 - - - .- I I

Maximum Height

No. of stories 2% 2 2 1% 2% 2t, !

Feet 35 35 35 20 35 50 j

I Maximum Building Coverage I (%I 50 75 50 50 50 50 I

County Subdivision and Land Development Ordinance, 2nd. revised edition, 1976. - - 15 - -7 "Use Classesii are hexeby establishec as ;jho1.~nin hcneuule L. 'ii'ie spsciiic uses included in eacii use Clh~~iare outiiried below. hone of these uses shall oe perlrlitteu in any clistrict if it is to be operated ill such a nlanriel so as to cneate Cil'iy uarigerous, iiljurious, noxious or o.Liieiwise o'b jectionable, Iixe, explosive, radioactive or o-ther ha~arci;rioise or vibzatio,i; Siaoke, dust, crirt, air or other form of pollution; electrical, glare or other Gisturbance which Niil aciversel> aiPect the s hi i OM i.lii;; area or premises.

-Use Class 1. ifesiueritial, Incluues siriLle family aetacneu arid two family awellings, bdt does riot include riiobile homes.

Use Class 2. Light Corilttiercial. lilclucies retail business establishments, customer service establishments, and conirnercial recreation entertainment establishments serving tne entire Borough. Such establiviiiilenta shall be carrieu on if1 a completely encloseci buildink except for oif -street parKing anii loading facilities aiiu. auto service stations.

Hetail business establishments incluue sk~opsselling ioou, ur ugs, cigars, candy, clotiiirlg arid clothirig accessories, newspapers, books, stationery, dry goous, hardware, paint, variety goous, and householci goocls arid appliances.

C tistomer service establishmerits iriclhue shops engageu in -tile repair of iiou.;iekiold, clothiric. arici appliallct: i-Lems, ba~ber~ILU beauty shops, tailor shops, businesb olrices, eating am Qrinking establishments, banlcs arlu f inancia1 iristitutioi;s, hotels an6 motels, and auto service statioris. Commercial r ecrsation anu enter taii,llicr-ix establisiimeiits incluue bowliil;; alleys, skating rinm, social halls, clubs, ana loages. -bse Class 3. Mobile Homes, Includes the placement of mobile houes intended for resiuential use.

- 16 - uses whicll shall be carrieu on ill a coliipie'tely ericloseu building arid which include the stoj:age, mariuf acture, assembly, packing or testing of products from raw a~aterialsana from other previously prepared mater ials

Use Class 5, Customary Accessory Uses am Essential Lervices. includes accessory uses which are customarily subordinate

quasi-public uses of a welfare, euucatiorlal, religious,

- 17 - on Use Class 7. Apartments and Conversions. Includes the con- . vemion of buildings or portions of buildings into dwellings; new multi-family dwelling structures. Use Class 80 Related Residential. Uses. Includes funeral homes, nursing and convalescent homes, rooming houses and nurseries for the care of young children.

4.400 RZGUUTIONS GOVZRiJTWG EXCEPTIOWS Exceptions enumerated in this Ordinance and in Schedule I shall require individual consideration in each case and may be permitted only after review by the Commission and upon authorization by the Board. Exceptions shall comply with the provisions of this section and may be permitted by the Board subject to any additional conditions and safeguards which may be warranted by the character of the area in which such uses are proposed or by other

special factors. I Exceptions shall not case substantial injury to the value of other property in the proximity of where it is to be located; ahall conform with regulations applicable to the District where located; shall be compatible with adjoining development; shall provide adequate landscaping and screening; and shall not jeopardize the public health, safety, welfare and convenience. The following regulations shall ap2ly to Exceptions which are authorised by the Board.

blobile ROWS (Use C~SS3) Within one-hundred-twenty (120) days after a mobile home is used as a residence, it is to be permanently installed by removing its wheels and mounting it on slabs, blocks, or other material designed to keep the mobile home in place. In addition, such mobile home is to be filly skirted on all sides such that no portion of the underside of the mobile home or any material atored under the mobile home is visible from any adjoining property.

-w - 18 - Any appropriate Public Use permitted by the Boaru as an Lx- ception shall be appropriate to tne character of the Uistrict in which it is proposed and to the area which it hill serve. Such Appropriate Public Uses shall have adequate access, and shall comply with the lot, yard 2nd building regulations as put forth in Schedule 11. Apartments ana Conversions (Lse Class 7) ! I All conversions shall have adequate liLht, air, heating ana I plumbing facilities and shall have at least 200 square ieet 1 of lot area and 600 square feet oi floor area for eacn dwelling unit, but no converted builuirlg, shall have more than a total of four uwelling units. ALL uwellinE;s snail be 1 served with public water facilities ancl shall comply with the regulations governing the size of lots, yaras, arm I I buildings as put forth in Schedule 11. I Kelated Residential Uses (Use Class dl I I Funeral homes, nursing and convalescent homes, rooming I houses, uay nurseries, nursery schools, pre-kinderdarten I I or other activity providing care of young chiluren shall I comply with the following: I a. Except for a sign, there shall be no external evicleiice l of any gainful activity,

b. All such buildings shall coriforin to the minirnurn Lot bize, ibiininium lviaximum Height ana lmximum Yards, I Building Coverage lteegulatioris specified in Scneilule iT I ior hone H-1, I I I I

- 19 - J-. ARTICLE 5 - SUPPLEMENTARY DISTRICT REGULATIONS - 5.100 PERMXTTED DEVIATIONS FROM REQUIRED AREAS The minimum lot, yard and height requirements of this Ordinance shall prevail in all cases, except as follows:

Height Limitations. District height limitations shall not apply to parapet walls extending not more th2n four (4) feet above the limiting height of the building, church spires, cupolas and domes, monuments, water towers, chimneys, smoke- stacks, silos, flag poles, utility poles, utility towers, masts and aerials.

Front Yard Exception. When an unimproved lot is situated between two improved lots, each having a principal building within 10 feet of the side lot line of the unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots. Projections Into Yards. Projections into required yards shall be permitted as follows, except that in no case shall a structure or projection be located closer than 5 feet to any side or rear lot line or 10 feet to any front lot line. a. Bay windows, carports, fire places, fire escapes, chimneys, uncovered stairs and landings, and balconies and cornices, canopies, eaves, or other architectural features not required for structural support mey project into the required front or rear ysrd not more than a total of three (3) feet.

b. Porches may project into the required front pnd rebr yards up to ten (10) feet.

C. Patios may be located in the required side and re?r yards not closer than seven (7) feet to any adjacent property line, and may project into front yards up to ten (10) feet,

-Y --. - 20 - 5.200 UNIQUE LOTS AND BUILDING LOCATIONS -- --Two or More Buildings on a Lot.- Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this Ordinance which would normally apply to each building if each were on a separate zone lot,

Through Lots, Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Commission shall decide which street will be considered as the front street, No principal structure shall be erected on the rear of the lot, except as specified herein this Ordinance.

Lots Fronting on an Alley, Individual lots, existing at the 'effective date of this Ordinance snd fronting on an alley, shall comply with all the requirements of this I Ordinance and the District in which said lots are located. I I Side Yard of a Corner Lot. The side yard of a corner lot which abuts a street, shall be equal to the required I front yard for that street, I I I Corner Lots, No obstruction to vision (other than an I existing building, post, column, or tree) exceeding 30 inches in height shall be erected or maintained on any i I lot within the triangle formed by the street intersection, I created by the maintenance right-of-way line of each i street extended to a point, and a line drawn between two I points each located 20 feet from the street intersection,

I I

- 21 - 33C ZCCESSORY STRUCTURES AND USES -- Accessory Structures, All'accessory structures shall conform with the minimum yard regulations established heretofore, except as permitted below:

a, Unattached Structures Accessory to Residentisl Buildings, Structures accessory to residential buildings which are not attached to a principal structure may be erected withi.. the required side and rear yards of a principal structure provided that they conform with the following: 1, Maximum Height - One and one-half stories or 20 feet in height,

2, Distance from Side or Rear Lot Line - Not less than 3 feet from the side or rear lot line, 2pt in the case of corner lots where the fu-1 side yard as specified above shall be maintained, However no accessory structure shall be locat A within 10 feet of a building or struc' ,-e c.. an adjoining lot, 3, Distance *=ram Principal Structure - Not less than 10 faet from a principal structure,

b. Unattached Structures Accessory to Non-Residential Buildings. Such accessory structures shall covply with front and side yard requirements for the principal structure and shall have a minimum rear yard of at least 10 feet, -Home Occupations, A home occ istion shall conforh to the following regulations : a, The home occupation shall be carried on wholly within the dwelling or other structure accessory thereto,

b, The only external evidence of the home occupation shall be a sign not exceeding one and one-half (125)

square feet in area. I

- 22 - dd w - C. The house occupation shall be carried on only by the members of the immediate famlly residing ir the dwelling who may not employ more than two (2) additional non-resident persons to assist in the conduct of said home occupation.

Home occupations shall not i lude the following: animal hospitals, pet shops, commercial stables, kennels, restaurants or tourist homes, rooming, boarding or lodging houses for more than two (21 persons. e. No exterior storage of merchandise, materials, equipment or supplies shall be permitted.

f, No exL,rnal alterations, additions or changes to the structure shall be permitted to accommodate or facil- itate the home occupation.

9. The floor area devoted to the home occupation shall not exceed 2r”. of +&e groiird floor area of the principal resid$ a1 -*ucture or 400 square feet, which- ever is less. c No home occupation shall be permitted which alters the residential appearance of the area or creates any objectionable condition or any disturbance which may adversely affect the surrounding area or premises, Private Parkinq Areas and Garages. Accessory off-street parking areas or garages serving the residential or nonresidential parking demand created by the principal building are permitted in accordance with this article. Said parking areas may be located in any required front, side or rear yard, Accessory garages shall conform with requirements for accessory structures.

- 23 - c-

anu accessory structures ubea ior agricuiturai nurseries or as greemouses are permittea in resiuential areas, proviaed that they shall not include tne outuoor stora5.e of equipment or supplies or reiuse.

Refuse. The storage of refuse, waste, jum or CarDade exterior to a structure for a periou oi more than 24 hours is hereby proiiibited, excepting that tne use of storaee bins commercially aesignea anu manufactureu specifically Ior the haridling of such materials snall be permittea,

SItiIJ;;

General. Business and advertisin,, sigts are prohibitea except as herein provideci,

Business ‘and Advertising Signs. Cine or more busirless or aavertising signs in the conrmercial aria industrial districts are peririitted, provideu that such signs siiall riot have a combined gross surface area irl square ieet ex- ceeaing two times the frontage of tlie lot on wiiicii they are locateu, aid in no case shall any single sign excetsi

two hunureu (200) square feet, , In residential districts existing business or advertising sigris sltall not be en- larLed .or altered, but may be maintained. business signs, signs that primarily iueritify a business accessory to nonresidential uses located in k-1 districts are permitted provided they ti0 not exceed ten (10) squaxe feet in size, The number of signs snall be restricteu to one to each property or dwelling unit to which it pertains, except that properties located on corner lots may have one sign facing each street, Location of bigns, Permitteu signb r,ay be locatea only in any requireu yand or on a structure wall, aria shall colucutu to the heiGht limitations of the hstrict iri wnich tney ale locateu, aiglis in any histrict mall not project by &ore tilan i2 iricnes into or over any public riLIit-of -way, sidewalk 01 street, nor from the face of the building by more than 12 inches. w- - 24 - -_- .- -

lilurninatiorl, ho illuniinated sign shall create excessive ,- .- / - glare or brigiitl-iess which [nay auversely ariect abu-ttiiig properties or weate a nuisance or iiaearaous conditior., Flashing or rotating or moving signs, or signs uesigriecl to proviae the effect of motion, niovement or flashin, are prohibitea.

Temporary signs. Any sign of a teiaporary nature, such as those advertising civil, social, political, religious: or like activities or functions, incluuii-,g signs desigieu to actver-tise one or more political canaiuates, be per- I shall mitted proviaing that the sign be removeu by the installer I or tnose responsible for the erection oi such sign within i ten (10) days after the event on tne sign occurs, providing that no such sign shall remain erectecl for more tnaii dU uays. ! The advertising sign of any owner, realtor or agerlt iiiuicating;I that any specific piece of real estate is ior sale, lease or I rent, providin,: that the sign be postecl upon the same piece I of real estate, shall be consiaereu a temporary sign ana is I permitted, I I 5.500 I~Ol\;Cb~L1;’G~~~~i~~~~USIiS, BUILDIPiGS APi\iD LO‘l’j: / I Ariy legal noricorlf orrnirig use or buildiiig uay be coiitirued, I1I repaired, lnairltained, restored anu rebuilt , ana improvea I except as provided below; I a. Such nonconforming use may not be enlarged more than I I 2j percent oi tile existirig floGr aiea arlu/or lot area, I and orily oiie such enlar gement shaii oe per rrlitt eci I b. If a nonconforming use of a builuinE or lam is I abanuoned for a continuous perioa of six (6) liiontils, i subsequent use of such shall be 0ld.y in COIAIO~CII~~~I hitn the provisions of this uruiname. j‘or the pur- I poses of ti1i.s Ordinance, aoaiiuorliiieiit shall begin viiieii I the noncodoruink use ceases

. I.

- 25 - C. Lhould a building be tlestroyeu by iire, ilood, oi u'ttrm d- - tiisaster, such buildin& may be rebuilt to its origiliai diinensiom and for its original use, p~ovibin~ construction begins witain 12 moi.iths of -tni: uestruction of the bullcling. Any erllavgenlent or aiidition lnust coalgly in all respects with the regulations of this Oruinarlce. Any opel.1 Toundation or excavation re5ulting fro111 sucn rlatural ciisaster must be enc1ose;l by a fence within 14 days 02 tlie uisaster. suc~iience shall be auequate to keep persons ana ai-iilnals i1.0111 elltt.i.il1; tile Iouliiatioii or excavation without unuue eiiort. &xistin&ivoricoxioriiiing Lots. In any zone wiiere a no~icori- forming lot exists as a separate entity at the time of passage 01 this Ordinance, arid wilere -tile owner of tile nonconiorming lot does not own an adjoining lot, then the iollowing iievelopinent is perinittea;

a. if the lot is locatea in an n-1 uisti,ict, a sirAgle- family Lweliillg rrlay be coiistructeu on it as a yer- rnitted use, provided that the lot is in at least 3U percent CoiuGliance witii each of tile iollowing requirements for the single-iamily uwelling, as speciiied iii the Uistrict in Which the lot is locateat lot area, lot width, rear yar.d, siae yaru, and rnaxirnura builciing coverage,

b. If the lot is locateu in the C-1, or 1-1 uistrict, then a struci;uu.e not exceeding two stories in height may be construc-teu on it, for a use permitteu in the L,istr.i.ct in wiiiciL it is located, as shown on schedule I, providea that the oif-street paxking anu loaciing requirements oi this OrLii.iance shall be corriplied with and that tile frot'At, sicie ar'lci rear yards are in keepin& with the surroumhg area, except that a siue yard oi at least 10 feet shall be required whenever sucn a use abuts an existing

resiuential use or a residential uistrict, .c

n? - 26 - I #- Any conf orrnhs use or builciing may be repaired, mintairlea, - restored or rebuilt to the same ciimemions existink at tiie 1- time that tlie structure was origicially constructed. Any en1argerrlen-t or addition to ariy coniorming use must comply in all respects with the regulations of this Gxbimrice,

-ARTICLE 6 - ADhTliI5TKKTION AW EiiE0kCZ:lvtdliT’ 6.100 Ghi\L:nAL PhUC~UUj<~ General Sequence of Steps. All persons uesiring to unciertake any new construction, structural alterations or chant;es iii tile use oi a StYucture, builuin6 or lot, shall apply to the Lorling Gfficer ior a Zoning perinit by i’illin~out the appropriate application form anu by subrriitting tne requir-eu fee. The Lonirig Officer will then either issue or refuse tile Loning permit or reier the apgiication to the boaru, After the Zoriing permit has been receiveu by tile applicail-t, iie may proceed to undertake the action pertrlittea by the ZoninG Ciflicer anu upon coiripletloii of such action shall apply to tile ioning Officer for an Occupaiicy Permit, ii tile LoninG Officer finds that the action of the applicant ilas been taken in accordance with the Loriixc Ferruit, he will tiieri issue an Occupancy Permit allowin; tne premises to be occupied./ Loriirig Fermit Types, Under the term or this Clrdirlance tiie I following classes of Zoning Permits iilay be issued8

a. Permitted Uses, A Zoning Permit for a Permitted use may be issued by the Zonirid Ofr’icer on his own authority. b. Lxceptions, A Zoning Permit for an exception may be issueu by tne Zoning Officer only aiter review by tile I Cornmission ana upon the order of tne 5oara. I C, Lonhg Permit After an Appeal OY a hequest for a Variance. k Zoning Peimit may be issueu by tne zoilitrg Officer upon the order of tne Board anu after a public hearing neiu by the Boaru for tile purpose of aeciciirig upon 811 appeal - 01; a request for a variance. /

- 27 - -..y bfiice of Zoniii ufficer Hereby Created, The aypc ' ..tlaent of a Zonirlg Oif icer is hereby authorizeu, 'this Orairlance si-~&ll be eriforceu b) the Zoning Officer. aorough Council shall appoint saiu zor-iing bfiicer and shall uetcrmirle ilis compensation, -uuties alia Fowers, T1he Zoning Lfiicer shall receive anu examine all applications required Liiiue'r irie terrlls of this bruimnce aiiil sils issue or reiuse perillits within live uays of the receipt of tne application. Wie Loninb Oxiicar shall issue a written notice oi violation to any person, firm, or corporation violatin& any provisions of this Gr-uinance, He snall keep recorcls OIL applications, of perlllits or certificates issueu, or variarlces granteii, of inspections rnaae, of reports reniierea and of notice or oraers issued, and shall make all required inspections and perform all other duties as called for in this Orciiriarlce, 'i'ile Loning Uiiicer shall also iderltify arid register noricon- forming uses anu nonconiorming str uc-tur.es,

Boar4 is Hereby Createti, ime borougn Council Loes hereoy - - create a Zonink hearing Boaru as proviaeci for by the laws of the Cornmoriwealth of Peruisylvariia: tile Act 247 as airierlueu. Said Act, being herein adopted as a part of the Oraillame, provides also for functions ana procedures of tnis boara,

Appointment OP hembers.. .- The Board shall consist of three (3) members to be appointecl by Council. Tile Boaru in existence at the adoption oi this Uruinal.lce siiall coiltiriue to serve as the Board. xn appointment t.. fiil a vacancy caused by tile failure oi an appointee to coiilplete a term of service snall be only for the unexpired portion of the term.

- 28 - --. .. .

. Uuties and Powers, Yhe Board shall be responsible Icrr the .c interpretation of this Ordinance, arid shall adopt, mid mice available to the public, rules for tiie exercise or its functions, i'ne duties and pohers of -tile Board shall be to hear and tieciue appeals where it is alleged that an error has been macle in the enforcement of this OrGinance, liear alid uecicle requests ior exceptiolis or conuitiotis and variances. the Board s;.~allperform such other clb-ties as may Le yroviriea or maae necessary by this Ordinarlce incluuing the interpretat. 3ii of boundaries, the holaine of pu.Dlk Iiearill,s, the referral 0: any pertinent matter to the Comrr,ission :or review aixi xecoiih- ruendation, and tile maintenance of recurus on all ciecisior;s ai-11 LirAi ~3, orI -- -Lillc 01 a l:cii,i.i.t. ~iiyc.i.cc'liull, CUI;; Li uctioil, iccL1risti.ut.i i,.,- aiteratioil or movirlg> of si uuilclirl;; oi- ~,tilerstructui L' Illduu- a sign which is autiiorizeci b~ a Loliirlt %erioi-tsila~ Le coninienced ana any change in use 01 a Lui,luii-lc;, on land authorized by a Zoning Permit shali be unuertaken witniri six (6) months after the date of issuance of the permiti if rAot, tne permit shall be consicierea null anci void. i-lowever, In case of erection or construction of a builuiny., the right to proceed with comtruction rnay be exteilcied annually without auitional fees for an aggregate perioci oi not more -Lliari tiiree (3) years, proviaed the construction pursuarlt to saiti permit has coimenced within the lirst one (1) year kerioci. --Occupancy Ferriiits. The purpose ul an Occupamy Permit is to certify that the premises coaiply Wiiil the provisiorl;;: of this Ord ir,; arid rliay be used for tlie purposes set forth in tiie Gccupailcy Permit. Prior to tIie use or occuparicy ior wiiicii a horlifig PernL-i; is requireu, or' for any change of use oi any existing building or for any chant;e or' use of land, an Clccuparicy rermit shall be secureu from tiie Aoning Officer. k copy of the Occupancy Permit shall be lcept upon the p,reluises, am shall be dlsplayr upon request maue by any ofiicer of the Boroup$. All applications ior Occupancy Peraiits shall be iil writing ois iorrns to be furnisneu by the zoning Officer, Certificate 02 ijonconf orrnlrig Use. Tlie owner of the prelllises occupied by a lawful noriconf ormiri& use. or builuin;; niay secure a Certificate oi Wonconforming Use from tile zoning Officer. Such Certificate shall be authorized by tne Board and shall be for the purpose of insurirLg to the owiier the rigilt to continue sucii nonconforming use,

-Board ib,ay Autiiorize Variance, Upon appeal, and after a public healing:, the Board. may for a use permittea in the zone district, vary the strict application of any of the requirements of this Oruinance, proviaea that said variance shall be in tile case of exceptionally irregular, narrow, shailow, or steep lots, or, other exceptional physical condi-

vu - 30 -

c uifficulty or unnecessary hardship that would cieprive the owner of the reasonable use of the lana or building irivoived, but in no other case, The sole purpose 01 any variance shall be to prevei-it ciiscrimination, and no variance shall be granted wnich by other property in the same vicinity anu zone.

-dequireci Showing for Variances, No variance ii.1 tile strict

Expiratioi-1 of Appeal Decision. Unless otherwise specif ieci by . the aoarci, a ciecision on any appeal or request 'lox a variance 1 I shall expire il the applicaiit fails to obtain any necessary zoning Permit, or coruply with tile conciitions oi saici auinorixeci I permit Withh six (6) months upon the uate or' autnorizatioll thereof I - 31 - Appeal from decision of Board, ln case of an appeal lroIL'L&?- a- 'Board to the Court of Coinrrlon Pleas, tile Board shall itlake the return required by law,. and shall promptly notiiy the Borough solicitor oi such appeal anu furc,isil hin~with a copy oi tne return including transcript 01 testiuiony. Any ordei or -the board not appealeu within j0 days shall be final. Stay of Froceedings.. An appeal snall stay all proceeuiii,+ in furtheraiice 01 the action appealed f ro111 unless the zoning Oliricer certii'ied to the ~oard,alter. the riotice 01 appeal shall have been fileu, . tliat by reasoil oi facts stateo ill the certificale stay would, in hiu opinion, cause irrrminexlt peril to life or property, in whicll case proceeuiiigs siiall not oe stayed otherwise than by a restrainillg mxer wtiich nay be granted by tile i3oard after iiotice to the Zoning Cifficer. lriforinatioil Kequired on Appeals to the Boara. All appeals from a dbCiSioii of the Zoning Officer anu applica'tions to tile Eoard shail be in writing on forms prescribecl by the boura. &very appeal or application shall ixclude the following: a. The rmae and address of the applicant, or appellant,

b. Yhe nalile aid address of the oviiier of the zone lot to ..- be aiiectecl by such proposed change or appeal.

C. A briel uescription ani location of tile zone lot to be afr'ecleti by such propose6 change, or' appeal.

L'1, A statement of the present zoi-iing classification of the zone lot iil question, the i[nprovell,ents tiiereoH alru tha present use thereof,

e. A sta-terr1en-L of the sec-Lioi.1 01 this cjrdirlance uriuir which the appeal is: rnacie, aiid reasoiis why it should be L.xali-l;eci, or a s-tatei,lmt of the sjectioil oi the bruii?aYice goveziiiii6 the si-i;-ua*;;loL1in briiicii tile alle,,eu el roi-~ousrulii,~ is bin& appealeti, acicI the reasoli5 ior. this appeal.

.. YY -CS - 32 .. -'I.; ..y accurate descriptior; of the present iiuppro. e-1 merits , a1.L tile aliciitioiis or c:rlan&es in-teriiieu to be Illhue under 'Ibis application, indicating the size oi sucn pro- pose6 improveeents , inat erial, ami Le:rler.al construction thereoi. Pi1 addition, there siiall be a'ltachea a plot plan oi tilt! real property tu be ai'iected, inuicaiinc, tlie locatiori and size of the lot aiici size oi iiuprovemel.its thereon ai1d proposed -Lo be erected thereon.

G, hams axid addresses of a11 tilove persons Owlliiik: propert& iid joiiiitiL or across acijoiriii.ls streets irorn the property to which tiid appeal pertains.

Eublic Xearings---. to be Held by Boai-d. Upon tile filiiig with thei ijoaui of an appeal or a request for. a variaiice as required by I tlie ternis of this Orciinance, or for sucil purposes as provicieci 1 ilerein where the Board deerns it in tile public interest, tne 1 board shall fix a time ana place for a public heariilc -hereof 1 as follow: 1. Public ilotice. by publidliiiig. a no-Lice once each week a. ----. -- Lor two successive weeks in a 1iw.vYgaper. oi general circuiatid I in tile aor.oup;ii, such rlotlce s-Lati&~gtile -tinw alia piace oi I -Like hcaxii~cai-Ad tile pai-.-ticulai ,la-Lui.e 01 tile ruattei 'LO be i considered at the neariils., witii -the iirst publication io ~ be not more -i;iian thirty (30) uays 01' lesa tiiari io1iiteei-i (1L) days iroin "Lie date oi' the hearii.lg* ! '0. -Iiotice -Lo Avpe1lari.t. By maiiirig a ylotice tiiereoi by wil I witn returned receipt to tlie ap2ellari-t;. i c. iqotice to Local Oificials. ~y mailing a riotice to tile I ?resident of Council, the ColuiLssiorl, anJ tiis borouai, i hecre-kry. i u. Notice to interested Parties. by mailing a notice tlicti-eof! to every association of resicienta of the Zoroueh, anu any 1 othe2 interested party who shall ilave r&.otered tileir I names ariu adiresses for this purpose with tile Board ar,i those persons whose property or pz'operties .acijoiii or areto I across rfghtu-of -way from the proper-tg to which the hear in$ pertains . . !. - 33 - I e. llature of i'iotice, Ti-ie notice sidi state -tile locaibis CIA -. J the builuiiis or lot in questiuy. a11d tiis LaieLal liature of the question involved,

The enactrileiit of anending oruinameu io titis AoiLiig Ur uiniuice and procedures ior such enac-hen-t are proviiieu ior in Act 247 of 1966, as ainerideci, said Act behg adoyteu herehi as a part of this Ordinance,

0, GOO v IOLk ?' IOIis Council May Initiate Appropriate Action. In case any builuing or structure is erected, constructeu, recoiistructea, altered, repaired, coiivertea, or maintainea, or any builuin~,strcicture or land is used in violation of the Ordinance, or oi ariy ordinance of regulation made unciei. authority conierreu hereby, tne Borough Co~cricil, or, with its approval, the Lo0yd.n; dificar, in aatiition -to otiier reniedies, skii iilstitute any appropriate action or' proceeuings to prevent sucii unlawful erectlorl, coil- s truc t ion, rec oris -truct ion, alterat;ion, repair, comersion, iliaintenance or use, to restrain, correct or abate such vioiatioii witiiin thirty (30) days an5 -Lo prevent an) ilieaal act, conduct, business, or use in or about such prelrlises,

Violation Yunisilable, Any persoil, i1~111, or coi'poxatloi.1,' Violaiing aiiy provision of this Gwirlarice, ai-ter '0 eL,& se~,veu bith ten (10) Gays written notice 'tu abate sucii violatiori mall, upon cmviction thereoi, 'be seriterlceci 'to pay a ILie of not more *ti?ail+5OO,OO and costs oi yLosecutioii r'or eacn a-d every offense, and in deiault oi pay1,leiit oi such Pine aulu costs to imprisoiiment for not ,rnoie -L;,an sixty (60) uays, ox both, dach ccayfs violation ailall co:istitute a Yepara-;e or'ferxe, Violations of this Ordinance shall not be 1iIlL-k~to

real estate owiers 8 but shall iiiclude any coritractor, excavator, builder or' ijersoii, firni or corporaiioii pei.iorrnixlc actual pbysical chai-lge in the real estate, pr.operty, structure, or sign. Saiu nolice to abate may be served personally, by ' certified mil, or if said notice canrio-c be served by eiznei of the above metliods, service may be maile by posthg the premises with one copy of saiu notice. All fines collected for the violation of this Ordinance shall be paid to the Borough oi Iiop Bottom.

I I I ' Zoning Perinits ior uses requirirLL Boaru action. I r'ifteen ($15. 00) Dollars I Variance or Appeal Application t'iiirty-five ($35.00) dollars I Acquest ior Amndment Fifty ($50.00) ljollars I Certifica-tes oi i\lonconfomance. i\:o fee ii application is

rriaae within twelve ' (12) months after ihe efiective date oi tills Ordinaace. ctiierwise, a iee oi k'ive ($5. 00) uoliars be ! '- shall paiu, bccuparicy Permi-:, 140 Fee I I I Application ior Interpretation OIBoundaries . 'kn ($10,Od) dollars I i I I I I I

I I I

- 35 - -.

Enacted by the Borough Council of the Borough of Hop Bottom at a special mee- held on the 16th dqy of April, 1980,

BY: Presidentp/3 of Vodcil

I Hereby certify that the foregoing ordinance was advertised in summary form in The Montrose Independent on March 27, 1980, a newspaper of genaral circulation in the municipaUty and was duly enacted and approved as set forth at a'special meeting of the Hop Bottom Borough Council held on Agril 16, mo.

-36-

.- ORDINANCE 94-2

AN ORDINANCE AMENDMENT TO THE HOP BOTTOM ZONING MAP, ZONING ORDINANCE ARTICLES #3 AND #4, ESTABLISHMENT OF ZONING DISTRICTS OF THE ZONING ORDINANCE 1980-1 OF THE FOLLOWING MCLAUD PROPERTY PARCEL NO. 222.14-1,2 FROM COMMERCIAL TO LIGHT INDUSTRIAL. WHEREAS, the Borough Council of the Hop Bottom Borough, Susquehanna County, Pennsylvania, (the llCouncilll)has enacted such amendment and procedures provided for in Act 247 of 1968, as amended.

NOW, THEREFORE, the Council of Hop Bottom, Susquehanna County, Pennsylvania, do hereby ordain and enact the following amendment: Article 3 - Establishment of Zoning Districts Section 3.100, Naming of Zoning Districts, shall be amended to add L-1 Light Industrial.

Section 3.200, Zoning Map, shall be amended to update said map to the date of this ordinance, and to change parcel No. 222.14-1,2, which lies in the Borough of Hop Bottom from their current designation of C-1 to the new designation of L-1. - Article 4 - Basic District Regulations Schedule I, shall be amended to add column llL-ll'after that currently designated 181-111,and row "4-A. Light IndustrialI1 after that currently designated "4. General Industrial". The new column shall be marked with an ltx" in the row for light commercial, with an 11x18in the row for light industrial, with an I1 I1 in the row for customary accessory uses, and with an rcO1l in the row for appropriate public uses. Schedule 11, shall be amended to add column IIL-1" after the column currently designated 111-111,which will contain the same criteria as in said column I1I-lI1.

Section 4.300, Use ClasesI shall be amended to add I'Use Class 4-A. Light Industrial" after that currently designated I'Use Class 4. General Industrial". The working of Use Class 4-A shall be as follows: Includes beverage bottling or canning, bakery and confectionery products, building of fiberglass and wooden boats, carpentry, cabinets, furniture, electrical electronics, jewelry, clocks, pottery, and crafts.

-37- RESTRICTIONS

The following Restrictions shall apply to all property: a> Outside storage areas shall comply with the minimun screening and buffer requirements for the primary use. All materials or wastes which might cause fumes or dust of which constitute a fire hazard or which may be edible or attract rodents or insects shall be stored outside only in closed containers. b) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground except as permitted by State or Federal Regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision. c) No toxic wastes or any storage materials that give off toxic fumes. Solid waste is prohibited. d) No Adult Book Store shall be allowed within Hop Bottom Borough limits. - LEGISLATIVE INTENT It is the intent of the Borough Council in enacting these restrictions that they be read with the Pennsylvania Department of Environmental Resources regulations and Pennsylvania laws, and/or Federal laws or regulations, on hazardous and toxic waste for the proper maintenance of peace, good government, and welfare of the Hop Bottom borough Community. ENACTED AND ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF HOP BOTTOM THIS lOTH DAY OF MARCH, 1994. BOROUGH OF HOP BOTTOM

IITT3-A, BOROUGH SECRET' -''

-38- 'I

ORDINANCE #95-3 An Ordinauce providing for the vacation, removal, rep&, or denloliiian of ;my structures dangerous to the health, morals, afety or general welfare of the people of the Borough of Hop Dottom; and for the assessnient of the cost of vacation, removal, repair or deniolition thereof as a inunicipal lien or assessment against such premises; providing for thc recovery of such costs in an action at law; and prescribing penalties for the violation thercof. I'ursuimt to Act 98 of 1992, comnionly known as the Fire Insurance Escrow Law, providing that in certain fire losses the Insiirmcc Company, Association or Exchange shall tmnsfcr I11suranc~c.proceeds .to a desig1wtt.d officer of the Municipality as a portion of the hunnce procccds to bc held as security against the total cost of removing, repairing, or securing the hgebuililing, providing for fees, providing for penalties for violation and setting forth procedures and reyuirenients pertaining to such Insurance proceeds and to iniplementation of Act 911 of 1092 in thc fhrough of Hop Bottom.

Whereas, in the Borough of Hop Bottom, in Susqueh.iuiu Coimty, Pennsylv&n, there are and may be in the future, buildings or structures which are dilapidated, unsafe, dangerous, unsanitary and a menace to the health, monls, safety and general welfarc of the pcuple of the hrough and which might tend to constitute a fiic IL~CWL~CE:and which nrt: a public nuisance.

Now, therefore, be it ordained and enacted by the Council of Hop bottoni Borough, SuquehCounty, Pennsylvania, and it is hereby emctcd and ordained by the authority of the same as follows:

SECTIONI.. A Title. This ordinance shall be known and referred to as the "Hop Bottom Borough Dangerous Buildings Orkce".

B. Definitions. Unless the context specifically and clearly indicates otherwise, i the meanings of ternls used in this Orninnnce shall be as follows: 1. The word "Borough &all nitm the Borough of Hop Bottom, Susquehia County, Pennsylvania. 2. The word "Cou~lcil"shall mean the Couricil of Hop Bottom BOrou& SuSquehanna county, PernWylvmia. 3. The words "dangerous buildings" shall nitxu1 all buildings or structures which have any or all of the following defects and all such buildings or structures shall be deemed to be "dangerous h1lildings": i Those which have been damaged by fEe, widor other causes so ;ls to have become dangerous to the life, silfety, mor&, or the general health and welfare of the occupants or the peoplc of the Borough; ii. Those which have become ur are so dihpitlatcd, Jccayecl, unsafe, unssmitiuy, vermin infested or which so utidy fctil LOprovide he ;uucrJtics essential to the decent living that they are unfit for human habitation or are likely to cause accidents, sickness, or disease so as to work injury to thc health, morals, safety, or gcneml wclfarc of those living therein us well as ohcr citizens of tLc Borough; iii. Those which have pans thereof which are so attached that they might fall mid injure members of the public or adjoining property; iv. Those which because of their geneml condition are unsafe, unsanitary, or dangmous to the hedth, mor&, uhjj Ux ~+LL~AI welfare of the

I pcoplc of thr ~orough. 39. v. Those whose interior walls or other vertical stnic*ti~raInienibers list, lean or buckle to such m extent a plurrlp LACpahg though the ceuter of gravity fulls outside of the uiititlle thhi OI' iis iwsc. vi. Those which exclusive of the fountain, show daniagrt or deterioration io thirty-three (33%) of the supporting mc.nihcr or niernbeq or damage fir dctcrioration to fhy pcrcent (50%) of ihc riorlsupportiug enclosing or outside walls or covering; vii. Those which have improperly distribiitcd loads npon the tlmrs or roof or in whi~.liIhc same are ovcr1oadc.d or which Iiaw insufficient strength to be reawiubly safe for the purpose used; 4. ExIeniiimtioii - Control uud eliniiililiiou of irisecis, rodents, or other pests by eliminating their harborage places, removiny or ma kin^ inaccessible, niatmials that may serve as their food, poisoning, sprayiiig, fimiigating, trapping or by ;my other recognized ilnd legal pest elhimtiuii i,~tlio&. S. Garbage -miniul and vegetable wustcs resulting hili the handling, preparation, cooking and corisuiuption 01' ti),xi. 6. Infestation - Presence, within or around o dwrtlliri;: of any insects, rodents ur ohcr pcsts. 7. Rubbish - Conibustible and noiiwinbustibir w;1>1z ii~ateriaLs,except garbage including residue from the burning wood., cval, cokc, xid other conibustible 11luterial paper, rags, cslrtorls, boxes, excelsior, nibber, leather, three branches, yud trinlruiriigs, th cms,iiic~i~l riririeral iiiiiticr, g.Ias. crockery and dust. SECIKE4-I.I. - DANGEROUS BUILDING AS NUISAN('kiS All "dangerous buildin& within the terms of Section I of this Ch.tlinruicr are hereby declurcd to bc public: uuiwxes and shall be repaired, vatcd or demolkhc:! .,L lic:r&cfoure ;lud hereafter provide J. s- s- - INVESTIGATION PROCEDURES Whenever it shall be reported or come to thc attcution of auy lh~gl~Of'ficiul or police officer lliu~;uiy building or btruciure, conipleted or in the pmcess oC cotwruciioii or any portion hereof, shall report same to the Council and the Council shall immediately cause an investigation and examination indicates such building or structure to be clangcroils in accordance with the ~t;m&dS of Scction I B-3 of this C)rbcc,a written report UC sdiiiivcsiigation shall be submitted to the Council, specifying the exact condition of such builtiiiig or structure and setting forth whether or in what respect the structure is dangerous and whether it shall be renioved as a dangerous building. It shad be the responsibility of the Couiwil ro iiintlt. a finding, based upon said report, as to whether or uot my building is o "dangerous L~JAL~.G, dehed hereinabove. SESXIQNLv STANDARDS FOR =AIR, VACATION OK DEMOLITION The followhg standards shall be followed in substmce by thc Coiiricil in ordering repair, vwition or demolition of hgerous buildings:

A. If the dangerous building can be repaired as deterniined by Council so that it will no longer exist in violation of the icn,i:; af t1L Ordinance, it shall be ordered repaired; B, If the dnngcrous building is in such condition 85 to Iliakc it dungcrous to the health, morals, safety or general welfare of its occupants, it shall be ordered to be vicatcd.

40. C. In any case where a dangerous builtling cxnnot bc reasonably repaired as dcternihed by tlie Council as provided fur ill A of his Section, it shall be demolished. hi case where il dangerous buihliriy is il fire hazard existing or erected in violation of the ternis of this Ordinaric~c,or any Statue of the Cowionwealth of Pennsylvania, it shall be dcnrolidwd. b(;ECTIONY - ENFORCEMENT PROCEDURES A. If any structure is deemed to be a "dangerous building'' within the standards sc,t forth in Section I B-3 of this Ordinance, the Council shall forthwith cause written notice to be served upon the owner, occupant, lessee, mortgagee, agent arid all othcr persons h~hgIn!cres! hi mid hiidins uo Awn by Dccd otrcgiattarian in the Rccortin's office of Suqueh County, Pennsyivania of any such hgerous buiiciing. B. The Notice required by this Section shall be served personally upon his agent if such an agent resides within the Borough. If thc personal service as required herein cannot be obtained or if the owner resides outside the Borough, such Noricu shdl he sent to the owner of the dangerous building be Certified Mail at the last known address thercof. The notice shall be effective when Illailed and not received. C. The Notice SUidentify the Ouilcliug or struclurc dcclued d;lllgmous and coiitairi a statement of the particulars which made this building or srructure a dangerous building and 'an order requiring the sane to be put in such condition as to comply with the terns of the ordcr of this Ordinmcr, provided, in any cause where the Nohprescribed the repair of any sLruclurc, ~ACowner thereof shdl have the option to remove such airocture in lieu of &g the repaits thereto within the above time limits. D. Such Notice shall require any person to repair, \'ilcAte or deniolish my building to coninience the work or act required by the Noticc wilhin trn (10) days of such notice arid tu coruplcte such repair reuiovd within a resoruble tirne, as prescribed by the Council. E. The Council shall cause to be placed on all chgzrous buildings a Notice reading substantially as follows:

"Tliis building h been found to be a danycrous buililixig by the Council of the Borough of Hop Bottom, Susqueha, 1'riinsyIviuiiu. This Notice is to remain on this building until it is repaired, vacxted or demolished in accordance the the Notice which has bren give3 to the wvner, occupant, lessee, mortgagee or agent of this building. It is unlawful to rcmove this Notice until compliance is niude under the teniis contained and the Notice given to the above name party." ON VI -PENALTIES A. lhc owxizr, occupant, mor~gagee,lessee, or any.oilier persons who shull fail to comply with any Notice or order to repair, vacate, or demolish any such dangerous building i givcn by any pcrson authorized by this Ordinance, or any regulatio~ior order issued thereunder, shall, upon coilvictim before a District Justice, be subject to I fiiie uot exceeding 'I'hree Hundred Dolhrs ($300.00) md wsrs *and, in default of tlic payment of tile Tine arid wsts, shall be subject to imprisonnicnt in the Susrjuehmw County Jail for a period not exceeding thirty (30) days, provided, each day's continuance of a violation shall constit iitu a stpratc offense. Penalties c~~utihcilh ILS Ordiuuicc are in addition to uiy other reiiictl;G;s pi.ovicled by this O1.cliumce; b. Any persou reniovi~igthe Noticr prvvidzti ibr UI S?;cctiuiiV liereof, sMl, upon conviction before the District Justice, be subajectto a fine not zxceetLing Fifty (SSO.UO) Dollars urd cost for C~ICII offense, and in default of payment of the fine and costs for each offense shall be subject tG iuiyrisonruent in tlie Susqueharlnn County Jail for P ycrid not exceeding ten (10) duys. 41. C. If the owner, occupant, mortgagee, lessee, or any other person having im interest in said building, as show by the land records of tlle R~cci~&ruf Deeds of Susqueb County fails to comply with any notice or order to xpair, vacuir, or dcmolish my dangerous building within the time specit'ied froni the receipt of the slich No1 ic-e, the Coiincil is enipowered to cxiuse such bidding or struchire to be repaired, vacated or cl~~nit)lishedby the Roroush and to LXUSC thc cbLts uf such repair, vacation or dcniolilion, togcdirr with a pcnalty of tcn (10%) p-cumni to bc ~hurgcduguhwt thc lund VII which thc buihlins caistcci as a niunicipd lien or to recover such costs and penalty in a suit at law against the owiicr or other such person having an interest in the building, PROVIDED, the recovery of such cost and expense, tohether with the penalty, may be io addition to thc penalty imposed in A UJ E of rlik Swtion. SPXTKXY.Y.U 'EMERGENCY CASES: Tn cases whcrcin it reasonably appears that there exists an ininicttiarc. d;tngcr to the life or safety of any perwn caused or created by a "dangerous buildiug" ;3s Jcl'iwd herein, the Council shall cause the inuiiediate repair, vacation or demolition of such "iii~erousbuilding" shall bc collected in the same manner as provided for in Section V - C. ACT 98 OF 1992 - FIRE ESCROW LAW The Commonwealth of Pennsylvania has enacted Action 98 of 1902 effective on Septeniher 7, 1992 mlcntliiig the Lusurance Company law of 1992 to provitlr. i>1~~)~*~~tli1~.~~for thc payriicnt of certain fire loss chins. It is the purpose of said legislation to ilctcl lhc cuuuuksion of arson and rclatcd crimes, to discourage the abandonment of property, and to prevent urban piighl and dcterioration. hrsnant to Section SO8 of the Insurance Company I AW of I92 1 to provide for the payment of proceeds from certain fire loss clainls to the Municipality as followed:

A. 1he Secretary or such Official's Designee is hezcby appointed as the designated Officer who is authorized to carry out all responsibilities and duties statcd herein.

B. No Insurance Coupmy, Association or Exchllage (hereinaiicr itc "Iuoring Agent") doing bushless in the Conmonwculth of Pennsylvania shall pay i\ clahii of a xianled insured for fire damage to a structure located within the Borough of Hop B3otton1 (hereinafter the "Municipality") where the miount recoverable for the fire loss to the structure uridcr all policies excee& Five ?'h~~~ii~dDolk ($5,000) urdess the nimed Irlsurcrcl or buriiig .\gw[ is furnished by the Municipal Treasurer with a Municipal Certificate pursuant to Section 508 (€3) of Act 98 of 1992 arid unless there is conipliance with Section 508 (C) aiid (D) of Act 98 of 1992 and the provisions of this Ordirmce.

Where pursuant to Section SO8 (B) (1) (I)of Act 98 of 1992, the niunicipal treasurer issiies D certificate indicating that there are no delinquent taxes, assessnicnts, penalties or users charges against real property, the Insurance Agent shall pay the chirri of thc rlanied insured, provided however, that if the loss is agreed upon by the mcdinsurer and die Irisuring Agent equals or exceeds 60 percent of the aggregate limits of liability on all fire policiea mvering the building restructure, the following procedures must be fol!owed:

(I) The Insuriug Agent shall trawfer from the insurmce proceeds to the desigmtcd officer of the lLluIlicipulity in the aggregate of $1,000 for each $20,000 of a cluiiri uiitl for each fraction of that aniount of a claim, this section to be applied such that if the claim is $20,000. or less, the mount Ir~~~fcrredto the Municipality shall be $1,000; or

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L (2) If at the time of a proof of loss agreed to between the riuut~linsured and the Insuring Agent, the mied insured has submitted ;? contractor’s signed esthate of the costs of removing, repairing, or securing the building or other structllre, the hsiiririg Agrrir shall transfer to Municipality €rom the insurance proceeds the amount specified in the estimate.

(3) The tmnsfcr of proceeds shall be on pro rata basis by dlcoiupiuiics, associations or exchanges insuring the building or other structure.

(4) After thc transfer, the mied insured may subniit a contractor’s sigicd estiniatc of thc costs of removing, repairing, or sccuring the building or otlier structure, lud the dcsigmted officer shall return the aniount of the funds transferred to the Munic*ipuliiy in exc~ssof the estinlate to the nanied insured, if the Municipality has not conmenced to rcniove, repair or secure the building or other structure.

(5) Upon receipt of proceeds under this section, the Municipiliry strill do the following:

(a) The designated officer shall place the proceeds in tlic separate fiind to be used sulcly ils security aguiust tlie total costs of renioviug, rcpdrlis, “1’ SCC~L~AA~hc building or struciure wliich are incurred by the Municipality. Such costs sliall iiiclude, without lhitation, any engineering, legal or adniinistrative costs inciirred by the i~iitt\ici!x\lityin cvinnection with such removal, repair or securing of the building or ariy proccedirig; rclated thereto; and (bj It k the obligation of the Insuring Age~itu’liiii iiaid’ci-rhg the proceeds to provitle Ihe ~iiunicipalitywith die name, arid ucldress of the iiaiiiai iiisiired. llpon recwipt of rhe transrerred funds and the name and address of the named insurctl, the dcsiynatrd officer shall contact the riitnied insured certify that the proceeds have bren rwriwd by the Miinicipality md imtify the iuuicd Lurcd hit tllr procedures undcr this subsccti\jii Jidl b~ followed; hi id (4 When repairs, removal or securing of the biiihiiuy. or o~iirrstriicture have bcen conrplcied in accordance with all applicable reyilations and orders of the Municipality and thcb rcquired proof of such completion received by the design:itd officer, and if the Municipality lw nut iucurrcd any costs for repair, removal or sccuriug, the Cuii& &all bc retunled to the named insurcd. If the Municipality has incurred costs for repair, rcriioval, or securing of tlie building or other structure, the costs shall be paid from the hind and it‘ t’xcess funds remain, the Municipality shall transfer the reniaining fiinds to the namctl iJ1hiIrLa(i; ;iJ1(1 (d) To thc extent that interest is earned on procw& licld by the h.llunicipality jmstiant to this Section, and not returned to the wanled insured, such iiitexsr shall belong ro the Municipality. ‘Lo the extent that proceeds shall be distributed to the nmied insured at the tinie that the proceeds arc retiiriwtl. (rj Nothhg iu his section shall bc coustrucd IC, lti~iitLc: abiliiy oC the Municipality to Tttcwver mydeficiency. Furthemiore, nothing in diis subsection shdA be constriied to prohibit the Municipality and named insured froni entcrins into an agreement that perniits the transfer of funds to the named insured of sonie other reasoriublt: disposition of hagedproperty hiis been negotiated.

C. The Borough of Hop Hottoni may by Resolution adopt procedures md regulations to hiplenient Act 98 of 1992 and this Ordinance and niay be rc~o1iiric:nfix rcasonuble fees to be charged for municipal activities fur certificated aid bills, pcrfo;)L.lii.mccof hpections md opening sepuite Cund accounts.

D. An owner of property, any nanied insured or any insuring Agent who violated this Section VU1 ~hdlbc subject to a pedty of up to $1,000. per viohtioii 43. .- . , SlXDQUX SEVERABILITY

Tfanv writerwe &iiw nr .cPr!tinn nr nnrt nf this (hdinnnrp. is f'tw anv rewsnn fnnnrl tn he A- a, ---.-...--,--I-- "- ---.-..- -- r-. -- U"--u_-- ...---, ---..I -....-I .- w- .... I,.....4:1....: ..-.. I :11..,..1 ..., :*... ..l:J A ..I. f ..-..,.-~.t:t..~~..-..l~~. -ll..~~l:-. 0.. :.-..... 1:A:h. c uiiciuiiatitutiuiuu uicpi ui uivilliu, Bum uuC;uimiiiutiuililuiy, iiicguiiiy, u1 uvuuuty did1 not 8. .. . effect or impair any of the remaining provisions, sentences, ci:!usc~or sections or parts or fnis Ordinance. It is hereby declared as the intent of the Council tlui this ordinmce would have been adoptzd had such unconstitutiorul, illegal or invalid sentence, chusz, sectiou or p;ut thereof not been included herein. . SlXTDNX REPEALING CLAUSE Any Ordirlluice or piut of Orhceor Resolution hrretofurc aclup~edby the Council is hereby repealed insofar DS the same conflicts with or effects tllis Ordinaricc. 5- 5- This Ordinance shall become effective immediately upon its passage or eucbuent.

Enacted by the Borough Council of the Borough of Hop Bottom at the meeting heldonthe 1st day of August , 1995.

BOROUGH OF HOP BO'lTOM

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