Juniata County Industrial Park Guidelines
2023
2023
AMENDMENT TO
DECLARATION OF RESTRICTIONS AND EASEMENTS AFFECTING
REAL ESTATE OF JUNIATA BUSINESS AND INDUSTRY, INC.
THIS AMENDMENT made the ____ day of ____________________, 2023, by
JUNIATA BUSINESS AND INDUSTRY, INC. (“Declarant”).
BACKGROUND
On June 18, 1974, Juniata County Development Commission, as Owner, pursuant to the
General Development Plan of Juniata County Industrial Park (the “Park”), recorded Juniata County
Industrial Park General Development Plan/Plot and Park Use and Building Conditions and
Restrictions in Misc Book 46, Page 176 (herein at times referred to as the “First Restrictions”).
On June 6, 1984, Declarant, intending to supplement and amend the restriction on use and
building contained in the First Restrictions, recorded the Declaration and Statement of a
Reservation of Rights, Conditions, Covenants, Restrictions and Easements Affecting Real Estate
of Juniata Business and Industry, Inc., dated June 6, 1984, in the Office of Recorder of Deeds of
Juniata County in Misc Book 58 Page 134, which was amended by instrument recorded in the
aforesaid office in Misc Book 59, Page 383 (collectively, as amended and with the First
Restrictions, the “1984 Declaration” and, at times in other recorded documents referred to by
Declarant as the “Old Restrictions”). The 1984 Declaration applied to Lots 1-11 of the Park.
On March 5, 1998, Declarant recorded the Declaration and Statement of a Reservation of
Rights, Conditions, Covenants, Restrictions and Easements Affecting Real Estate of Juniata
Business and Industry, Inc., - For Phase III Expansion Area of Juniata County Industrial Park, Lots
101-115, in the Office of Recorder of Deeds of Juniata County in Record Book 230 Page 1092
(the “1998 Declaration”).
On September 12, 2019, Declarant executed the Declaration of Statement of a Reservation
of Rights, Conditions, Covenants, Restrictions and Easements Affecting Real Estate of Juniata
Business and Industry, Inc., to permit certain uses for the Industrial Lands (the “2019
Declaration”).
In accordance with Article 6, Paragraph J of the Declaration, having received the written
approval of not less than the owners of seventy-five percent (75%) of the fee simple title of the
properties subject to these covenants and restrictions, based on the total number of square feet
owned as compared to the total area restricted, as certified by the undersigned officer, Declarant
hereby amends the Declaration, as set forth below.
NOW, THEREFORE, the Declarant hereby amends the Declaration as follows:
1. The foregoing Background is incorporated herein by reference. Terms used in this
Amendment shall have the definitions given in the Declaration unless a definition is specifically
given herein.
2. Articles 3 and 4 of the Declaration are amended and restated as follows:
Article 3. Industrial Lands, Permitted Uses.
Permitted uses in the real estate subject to this Declaration shall consist of industrial and
commercial uses that are compatible with the activities and other uses permitted in the Juniata
County Industrial Park. Proposed uses will be assessed and reviewed in terms of traffic, proposed
storage of raw materials and manufactured products, potential for excessive noise, odors and
vibrations, potential for safety hazards to neighboring land uses, treatment and disposal of
domestic and industrial waste, aesthetic compatibility with the objectives and existing
development of the Juniata County Industrial Park, and size and scale. Without limiting the
permitted uses, the following are examples of permitted uses:
a. Compounding, processing, packaging, and treatment of materials, goods, and food
products;
b. Treatment, finishing, processing and fabrication of metal products;
c. Wholesale business and storage;
d. Contractors, storage of building materials, lumber, etc.;
e. Truck terminals, transfer and distribution facilities;
f. Administrative offices, research, testing, and experimental laboratories;
g. Government uses, except dumps, landfills, waste disposal or similar uses;
h. Public utility facility or use;
i. Warehousing, retail and wholesale sales and service of new and used agricultural
equipment, vehicle or supplies; and
j. Additional permitted uses considered compatible with intended development of the
Juniata County Industrial Park as allowed by JBI.
k. Business, professional and financial offices.
Article 4. Industrial Lands, Prohibited uses.
No part of the real property subject to this Declaration shall be used for any purpose or business
that is prohibited by the zoning applicable to the Juniata County Industrial Park. No portion of
any parcel or lot may be occupied for any use which is in violation of any applicable ordinance,
law or regulation of any government entity having jurisdiction over the use of all or any part of the
Juniata County Industrial Park or for any use of the local zoning determinations. Further, the
following uses or any uses substantially similar to any of the following are expressly prohibited in
the Juniata County Industrial Park:
a. Retail sales and services, except for the sale of surplus goods manufactured on site,
with written approval of JBI;
b. Stores and personal service shops for the conducting of community retail business;
c. Studios for teaching dancing, art, music or similar cultural subjects;
d. Specialty shops for custom work and articles to be sold at retail on the premises
such as baking, confectionery, dressmaking, tailoring and printing;
e. Boarding and lodging houses, nursing and rest homes;
f. Restaurants, cafes, tearooms and other places serving food and beverages;
g. Personal service shops such as barber, beauty, shoe repair, dry cleaning and
laundromats;
h. Mortuaries and undertaking establishments;
i. Indoor theaters and commercial recreation uses such as billiard or pool parlors,
bowling alleys and indoor pools and skating rinks;
j. Fraternal clubs, lodges, social clubs, recreational clubs and youth clubs;
k. Automobile parking lots and parking garages;
l. Accessory buildings and uses customarily incidental to the above uses;
m. Auto wrecking, salvage yards, used material yards, storage or baling of waste or
scrap paper, rages, scrap metals, bottles or junk. This provision shall be interpreted
to prevent an independent business of the above type or kind, but it shall not be
considered prohibitive to store scrap material, if the scrap material is used in the
business in which the industrial enterprise is engaged, or if the scrap is from the
business in which the industrial enterprise is engaged, but in all cases, the aforesaid
scrap shall be stored in an orderly manner, utilizing proper screening and shall be
subject to prior approval by JBI;
n. Central mixing plant for asphalt, mortar, plaster or concrete;
o. No refining or mining operations of any kind, or quarrying shall be permitted upon
or in any of the lots subject to this Declaration; nor tanks, tunnels, mineral
excavations, or shafts be permitted upon or in any of the lots subject to this
Declaration; or
p. Retail sales and service, except as may be permitted in Article 3 of this Declaration
and except for sales of surplus goods manufactured on the site, with approval of
Grantor.
Article 5. Approval of Board. Notwithstanding the foregoing permitted uses and
prohibited uses, an owner’s use is subject to approval by the Board of JBI and reasonable
restrictions associated with the use imposed by JBI.
Article 6. Applicability. It is the intention that this Amendment to Declaration apply to all
real property compromising the Park, regardless of its Phase of development.
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF JUNIATA :
On this, the ____ day of _______________, 2023, before me, a Notary Public, personally
appeared _________________________, known to me (or satisfactorily proven) and who
acknowledged himself to be the ________________________ of Juniata Business and Industry,
Inc., a Pennsylvania corporation, and as such officer being authorized so to do, signed the
foregoing instrument in the name of the corporation and acknowledged the foregoing to be its act
and deed and desired the same to be recorded as such.
Witness my hand and notarial seal this ______ day of _________________, 2023.
____________________________________
Notary Public
My Commission Expires:
DECLARATION OF RESTRICTIONS AND EASEMENTS AFFECTING
REAL ESTATE OF JUNIATA BUSINESS AND INDUSTRY, INC.
THIS AMENDMENT made the ____ day of ____________________, 2023, by
JUNIATA BUSINESS AND INDUSTRY, INC. (“Declarant”).
BACKGROUND
On June 18, 1974, Juniata County Development Commission, as Owner, pursuant to the
General Development Plan of Juniata County Industrial Park (the “Park”), recorded Juniata County
Industrial Park General Development Plan/Plot and Park Use and Building Conditions and
Restrictions in Misc Book 46, Page 176 (herein at times referred to as the “First Restrictions”).
On June 6, 1984, Declarant, intending to supplement and amend the restriction on use and
building contained in the First Restrictions, recorded the Declaration and Statement of a
Reservation of Rights, Conditions, Covenants, Restrictions and Easements Affecting Real Estate
of Juniata Business and Industry, Inc., dated June 6, 1984, in the Office of Recorder of Deeds of
Juniata County in Misc Book 58 Page 134, which was amended by instrument recorded in the
aforesaid office in Misc Book 59, Page 383 (collectively, as amended and with the First
Restrictions, the “1984 Declaration” and, at times in other recorded documents referred to by
Declarant as the “Old Restrictions”). The 1984 Declaration applied to Lots 1-11 of the Park.
On March 5, 1998, Declarant recorded the Declaration and Statement of a Reservation of
Rights, Conditions, Covenants, Restrictions and Easements Affecting Real Estate of Juniata
Business and Industry, Inc., - For Phase III Expansion Area of Juniata County Industrial Park, Lots
101-115, in the Office of Recorder of Deeds of Juniata County in Record Book 230 Page 1092
(the “1998 Declaration”).
On September 12, 2019, Declarant executed the Declaration of Statement of a Reservation
of Rights, Conditions, Covenants, Restrictions and Easements Affecting Real Estate of Juniata
Business and Industry, Inc., to permit certain uses for the Industrial Lands (the “2019
Declaration”).
In accordance with Article 6, Paragraph J of the Declaration, having received the written
approval of not less than the owners of seventy-five percent (75%) of the fee simple title of the
properties subject to these covenants and restrictions, based on the total number of square feet
owned as compared to the total area restricted, as certified by the undersigned officer, Declarant
hereby amends the Declaration, as set forth below.
NOW, THEREFORE, the Declarant hereby amends the Declaration as follows:
1. The foregoing Background is incorporated herein by reference. Terms used in this
Amendment shall have the definitions given in the Declaration unless a definition is specifically
given herein.
2. Articles 3 and 4 of the Declaration are amended and restated as follows:
Article 3. Industrial Lands, Permitted Uses.
Permitted uses in the real estate subject to this Declaration shall consist of industrial and
commercial uses that are compatible with the activities and other uses permitted in the Juniata
County Industrial Park. Proposed uses will be assessed and reviewed in terms of traffic, proposed
storage of raw materials and manufactured products, potential for excessive noise, odors and
vibrations, potential for safety hazards to neighboring land uses, treatment and disposal of
domestic and industrial waste, aesthetic compatibility with the objectives and existing
development of the Juniata County Industrial Park, and size and scale. Without limiting the
permitted uses, the following are examples of permitted uses:
a. Compounding, processing, packaging, and treatment of materials, goods, and food
products;
b. Treatment, finishing, processing and fabrication of metal products;
c. Wholesale business and storage;
d. Contractors, storage of building materials, lumber, etc.;
e. Truck terminals, transfer and distribution facilities;
f. Administrative offices, research, testing, and experimental laboratories;
g. Government uses, except dumps, landfills, waste disposal or similar uses;
h. Public utility facility or use;
i. Warehousing, retail and wholesale sales and service of new and used agricultural
equipment, vehicle or supplies; and
j. Additional permitted uses considered compatible with intended development of the
Juniata County Industrial Park as allowed by JBI.
k. Business, professional and financial offices.
Article 4. Industrial Lands, Prohibited uses.
No part of the real property subject to this Declaration shall be used for any purpose or business
that is prohibited by the zoning applicable to the Juniata County Industrial Park. No portion of
any parcel or lot may be occupied for any use which is in violation of any applicable ordinance,
law or regulation of any government entity having jurisdiction over the use of all or any part of the
Juniata County Industrial Park or for any use of the local zoning determinations. Further, the
following uses or any uses substantially similar to any of the following are expressly prohibited in
the Juniata County Industrial Park:
a. Retail sales and services, except for the sale of surplus goods manufactured on site,
with written approval of JBI;
b. Stores and personal service shops for the conducting of community retail business;
c. Studios for teaching dancing, art, music or similar cultural subjects;
d. Specialty shops for custom work and articles to be sold at retail on the premises
such as baking, confectionery, dressmaking, tailoring and printing;
e. Boarding and lodging houses, nursing and rest homes;
f. Restaurants, cafes, tearooms and other places serving food and beverages;
g. Personal service shops such as barber, beauty, shoe repair, dry cleaning and
laundromats;
h. Mortuaries and undertaking establishments;
i. Indoor theaters and commercial recreation uses such as billiard or pool parlors,
bowling alleys and indoor pools and skating rinks;
j. Fraternal clubs, lodges, social clubs, recreational clubs and youth clubs;
k. Automobile parking lots and parking garages;
l. Accessory buildings and uses customarily incidental to the above uses;
m. Auto wrecking, salvage yards, used material yards, storage or baling of waste or
scrap paper, rages, scrap metals, bottles or junk. This provision shall be interpreted
to prevent an independent business of the above type or kind, but it shall not be
considered prohibitive to store scrap material, if the scrap material is used in the
business in which the industrial enterprise is engaged, or if the scrap is from the
business in which the industrial enterprise is engaged, but in all cases, the aforesaid
scrap shall be stored in an orderly manner, utilizing proper screening and shall be
subject to prior approval by JBI;
n. Central mixing plant for asphalt, mortar, plaster or concrete;
o. No refining or mining operations of any kind, or quarrying shall be permitted upon
or in any of the lots subject to this Declaration; nor tanks, tunnels, mineral
excavations, or shafts be permitted upon or in any of the lots subject to this
Declaration; or
p. Retail sales and service, except as may be permitted in Article 3 of this Declaration
and except for sales of surplus goods manufactured on the site, with approval of
Grantor.
Article 5. Approval of Board. Notwithstanding the foregoing permitted uses and
prohibited uses, an owner’s use is subject to approval by the Board of JBI and reasonable
restrictions associated with the use imposed by JBI.
Article 6. Applicability. It is the intention that this Amendment to Declaration apply to all
real property compromising the Park, regardless of its Phase of development.
COMMONWEALTH OF PENNSYLVANIA :
: SS
COUNTY OF JUNIATA :
On this, the ____ day of _______________, 2023, before me, a Notary Public, personally
appeared _________________________, known to me (or satisfactorily proven) and who
acknowledged himself to be the ________________________ of Juniata Business and Industry,
Inc., a Pennsylvania corporation, and as such officer being authorized so to do, signed the
foregoing instrument in the name of the corporation and acknowledged the foregoing to be its act
and deed and desired the same to be recorded as such.
Witness my hand and notarial seal this ______ day of _________________, 2023.
____________________________________
Notary Public
My Commission Expires: