Borough of West Chester, PA Special Regulations Applicable to Certain Districts and Uses

The purpose of these provisions is to establish uniform standards for the siting, design, permitting, maintenance, and use of wireless communications facilities in West Chester Borough. While the Borough recognizes the importance of wireless communications facilities in providing high-quality communications service to its residents and businesses, the Borough also recognizes that it has an obligation to protect public safety and to minimize the adverse visual effects of such facilities through the standards set forth in the following provisions.

By enacting these provisions, the Borough intends to:

Accommodate the need for wireless communications facilities while regulating their location and number so as to ensure the provision for necessary services without adverse impact;

Provide for the managed development of wireless communications facilities in a manner that enhances the benefits of wireless communication and accommodates the needs of both Borough residents and wireless carriers in accordance with federal and state laws and regulations;

Establish procedures for the design, siting, construction, installation, maintenance and removal of both tower-based and non-tower-based wireless communications facilities in the Borough, including facilities both inside and outside the public rights-of-way;

Address new wireless technologies, including but not limited to, distributed antenna systems, data collection units, cable Wi-Fi and other wireless communications technologies;

Minimize the adverse visual effects and the number of such facilities through proper design, siting, screening, material, color and finish and by requiring that competing providers of wireless communications services co-locate their commercial communications antennas and related facilities on existing towers;

Ensure the structural integrity of commercial communications antenna support structures through compliance with applicable industry standards and regulations; and

Promote the health, safety and welfare of the Borough's residents.

Small wireless facilities.

In an effort to comply with recent federal and state laws applicable to small wireless facilities which have now been defined by the Federal Communications Commission, the Borough has adopted a separate ordinance, and related design criteria, to address small wireless facilities. Wireless communications facilities that fall under the definition of "small wireless facilities" are governed and controlled by the Small Wireless Facilities Ordinance and approved design criteria. The small wireless facilities design criteria may be adopted by resolution of Borough Council, and further updated by resolution.

As new technology develops, the Small Wireless Facilities Ordinance and the related design criteria may be changed to address new technologies and to better accommodate more advanced, and possibly smaller facilities. Those new types of technologies and facilities shall be governed and controlled by the Small Wireless Communications Ordinance, as amended, to include, and address, those new technologies and facilities.

General requirements for all nontower wireless communication facilities (WCFs).

The following regulations shall apply to all nontower wireless communications facilities located within the Borough, including those inside the public rights-of-way:

Permitted in all zoning districts, subject to regulations. Nontower WCFs are permitted in all zoning districts, subject to the restrictions and conditions prescribed below and subject to applicable permitting by the Borough. The height of an antenna shall not exceed 15 feet and shall not be located closer than 25 feet to any property line.

Standard of care. Nontower WCFs shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical and safety codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, the National Electrical Code and any applicable sections of the Pennsylvania Uniform Construction Code (UCC). Nontower WCFs shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Wind. All nontower WCF structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA-222-E, as amended) and any applicable sections of the UCC.

Aviation safety. Nontower WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Public safety communications. Nontower WCFs shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Radio frequency emissions. A nontower WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Permits required. Any applicant proposing the construction of a nontower WCF, or the modification of an existing nontower WCF, shall first obtain the required building and electrical permits from the Borough.

Historic buildings. Nontower WCFs shall not be located on a building or structure that is located in the Historic District. However, nontower WCFs may be located on buildings or structures in the Historic District that are owned by municipal, county or state governments if permission is granted by that entity.

Timing of approval. Within 30 calendar days of the date that an application for a nontower WCF is filed with the Borough, the Borough shall notify the applicant, in writing, of any information that may be required to complete such application. Within 90 calendar days of receipt of a complete application, the Borough shall make its final decision on whether to approve the application and shall advise the applicant, in writing, of such decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the Borough's ninety-day review period. Time extensions may be mutually agreed upon by the parties.

(j)

Insurance. Each person that owns or operates a nontower WCF shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the nontower WCF.

(k)

Indemnification. Each person that owns or operates a nontower WCF shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the nontower WCF. Each person that owns or operates a nontower WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a nontower WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

(l)

Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

The nontower WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Borough's residents.

(m)

Removal. In the event that use of a nontower WCF is discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

All abandoned or unused WCFs and accessory facilities shall be removed within two months of the cessation of operations at the site unless a time extension is approved by the Borough.

If the WCF or accessory facility is not removed within two months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and/or associated facilities and equipment may be removed by the Borough and the cost of removal assessed against the owner of the WCF.

The following regulations shall apply to all nontower wireless communications facilities, such as antennas, that do not substantially change the physical dimensions of the wireless support structure to which they are attached:

Permits required. Applicants proposing the modification of an existing wireless support structure shall obtain the required building and electrical permits from the Borough. In order to be considered for such permits, the applicant must submit a permit application to the Borough.

Nontower WCF that do not substantially change the physical dimension of the wireless support structure may be eligible for a sixty-day time frame for review. The applicant shall assert such eligibility, in writing, to the Borough and provide documentation reasonably related to determining whether the application is eligible for the shortened review time frame. If warranted, such application shall be reviewed within the sixty-day time frame.

Fees. The Borough may assess appropriate and reasonable application fees and rights-of-way annual access fees (if applicable) as may be determined by resolution.

Nontower wireless communications facilities outside the rights-of-way.

The following additional regulations shall apply to nontower wireless communications facilities located outside the rights-of-way that do substantially change the wireless support structure to which they are attached:

Development regulations. Nontower WCFs shall be co-located on existing structures, such as existing buildings or tower-based WCFs, subject to the following conditions:

In accordance with industry standards, all nontower WCF applicants must submit documentation to the Borough justifying the total height and dimensions of the nontower WCF. Such documentation shall be analyzed in the context of such justification on an individual basis.

If the WCF applicant proposes to locate the related equipment in a separate building, the building shall comply with any applicable setback requirements of this chapter.

A security fence of not less than six feet and not more than eight feet in height may be required to surround any separate communications equipment building subject to the approval of the Zoning Officer.

Design regulations.

Nontower WCFs shall employ stealth technology subject to the approval of the Borough.

Antennas, and their respective accompanying support structures, shall be no greater in diameter than any cross-sectional dimension that is reasonably necessary for their proper functioning.

Noncommercial usage exemption. Borough citizens utilizing satellite dishes and antennas for the purpose of maintaining television, phone, and/or internet connections at their respective residences shall be exempt from the design regulations enumerated in this section.

Removal and replacement.

The removal and replacement of nontower WCFs and/or accessory equipment for the purpose of upgrading or repairing the WCF is permitted, so long as such repair or upgrade does not increase the overall size of the WCF or the number of antennas.

Inspection. The Borough reserves the right to inspect any WCF to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law.

Nontower wireless communications facilities in the rights-of-way (ROW).

The following additional regulations shall apply to all nontower wireless communications facilities located in the rights-of-way:

Co-location. Nontower WCFs in the ROW shall be co-located on existing poles, such as existing utility poles.

Design requirements.

WCF installations located above the surface grade in the public ROW including, but not limited to, those on joint utility poles, shall consist of equipment components that are no more than three feet in height and that are compatible in scale and proportion to the structures upon which they are mounted. All equipment shall be the smallest and least visibly intrusive equipment feasible.

Antennas and all support equipment shall be treated to match the supporting structure. WCFs and accompanying equipment shall be painted, or otherwise coated, to be visually compatible with the support structure upon which they are mounted.

Stealth technology shall be specifically utilized in locations within the Borough's Historic District in order to maintain the historic streetscape. In certain instances, the Borough may authorize the use of replacement poles and/or the alteration of streetlights to accommodate WCFs using stealth technology.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all nontower WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[1]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Equipment location. Nontower WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

Ground-mounted equipment that cannot be located underground shall be screened, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Borough.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

Any graffiti on any accessory equipment shall be removed at the sole expense of the owner within 10 business days.

[5]

Any proposed underground vault related to nontower WCFs shall be reviewed and approved by the Borough.

Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Construction, repair, maintenance or installation of any public improvement is necessary and needed within the ROW;

Operations of the Borough or other governmental entity are required within the right-of-way;

Vacation of a street or road or the release of a utility easement is necessary; or

An emergency as determined by the Borough.

General requirements for all tower-based wireless communications facilities.

The following regulations shall apply to all tower-based wireless communications facilities in the Borough:

Standard of care. Tower-based WCFs shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including but not limited to the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based WCF shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Conditional use authorization required. Tower-based WCFs are permitted in certain zoning districts by conditional use, and only at a height necessary to satisfy their function in the WCF applicant's wireless communications system.

Prior to the Borough's approval of a conditional use authorizing the construction and installation of tower-based WCF, it shall be incumbent upon the WCF applicant for such conditional use approval to prove to the reasonable satisfaction of the Borough that the applicant cannot adequately extend or infill its communications system by the use of antennas and/or nontower WCFs.

The conditional use application shall also be accompanied by documentation demonstrating that the proposed tower-based WCF complies with all state and federal laws and regulations concerning aviation safety.

As a condition of approval, the WCF applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennas where technically and economically feasible. The owner of a tower-based WCF shall not install any additional antennas without obtaining the prior written approval of the Borough.

Where the tower-based WCF is located on a property with another principal use, the applicant shall present documentation to the Borough that the owner of the property has granted an easement for the proposed WCF and that vehicular access will be provided to the facility.

Engineer inspection, seal and signature. Prior to the Borough's issuance of a permit authorizing construction and erection of a tower-based WCF, a structural engineer registered in the Commonwealth of Pennsylvania shall issue to the Borough a written certification of the proposed WCF's ability to meet the structural standards offered by either the Electronic Industries Association or the Telecommunication Industry Association. All plans and drawings for a tower-based WCF shall contain a seal and signature of a professional structural engineer, licensed in the Commonwealth of Pennsylvania.

Visual appearance. Tower-based WCFs shall employ stealth technology. All WCF buildings and other related equipment shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of a like facade to blend with the existing surroundings and neighboring buildings to the greatest extent possible. The Borough may require that WCF buildings that house electrical transmitter equipment be placed underground, unless determined to be detrimental to the functioning and physical integrity of such equipment.

Permit required for modifications. To the extent permissible under applicable state and federal law, any applicant proposing the modification of an existing tower-based WCF, which increases the overall height of such WCF, shall be required to obtain building and electrical permits from the Borough.

Wind. Tower-based WCFs shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA- 222-E, as amended).

Height. Tower-based WCFs shall be designed at the minimum functional height. The maximum total height of any tower-based WCF shall not exceed 150 feet, as measured vertically from the ground level, including any base pad, to the highest point on the structure, including antennas and subsequent alterations. Should the WCF applicant prove that another provider of wireless communications services has agreed to co-locate antennas on the WCF applicant's tower-based WCF and requires a greater tower height to provide satisfactory service for wireless communications than is required by the WCF applicant, the total height of such tower-based WCF may be increased to 200 feet.

Related equipment building. Any building or other structure housing related equipment shall comply with the required yard and height requirement of the applicable zoning district for an accessory structure.

Public safety communications. Tower-based WCF shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance.

Any tower-based WCF shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the aesthetic enjoyment, safety and security of the Borough's residents.

Radio frequency emissions. Tower-based WCF shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Lighting. Tower-based WCFs shall not be artificially lighted, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Signs. Tower-based WCFs shall post a sign in a readily visible location, approved by the Borough, identifying the name and phone number of a party to contact in the event of an emergency. The only other signage permitted on the WCF shall be those required by the FCC, or any other federal or state agency.

Noise. Tower-based WCFs shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. Tower-based WCFs shall comply with all federal and state laws and regulations concerning aviation safety.

Timing of approval. Within 30 calendar days of the date that a conditional use application for a tower-based WCF is filed, the Borough shall notify the WCF applicant, in writing, of any information that may be required to complete such application. All applications for tower-based WCFs shall be acted upon within 150 days of the receipt of a fully completed application and the Borough shall advise the WCF applicant, in writing, of its decision. If additional information was requested by the Borough to complete an application, the time required by the applicant to provide the information shall not be counted toward the 150-day review period.

Nonconforming uses. Nonconforming tower-based WCFs which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must comply with the terms and conditions of this section which are necessary to protect public health and safety. Co-location on existing nonconforming tower-based WCFs is permitted.

Removal. In the event that use of a tower-based WCF is to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned WCFs or portions of WCFs shall be removed as follows:

All unused or abandoned tower-based WCFs and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Borough.

If the WCF and/or accessory facility is not removed within six months of the cessation of operations at a site, or within any longer period approved by the Borough, the WCF and accessory facilities and equipment may be removed by the Borough and the cost of removal (including legal and consultant costs) assessed against the owner of the WCF or against the owner of the property upon which the WCF is located.

Any unused portions of tower-based WCFs, including antennas, shall be removed within six months of the time of cessation of operations. The Borough must approve all replacements of portions of a tower-based WCF previously removed.

Fees. The Borough may assess appropriate and reasonable application fees and rights-of-way annual access fees (if applicable) as may be determined by resolution.

Insurance. Each person that owns or operates a tower-based WCF 40 feet or more in height shall provide the Borough with a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering each tower-based WCF.

Indemnification. Each person that owns or operates a tower-based WCF shall, at their sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the tower-based WCF. Each person that owns or operates a tower-based WCF shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of tower-based WCF. The obligation to indemnify, hold harmless and defend shall include, but not be limited to, the obligation to pay judgments, injuries, liabilities, damages, reasonable attorneys' fees, reasonable expert fees, court costs and all other costs of indemnification.

Tower-based WCF outside the rights-of-way.

The following additional regulations shall apply to tower-based wireless communications facilities located outside the rights-of-way:

Development regulations.

Location. Tower-based WCFs are permitted in the following zoning districts or upon specifically owned properties by conditional use:

[a]

Borough-owned property in any zoning district, subject to approval and acceptance by Borough Council;

[b]

IS Institutional District; and

[c]

ID Industrial District.

Sole use on a lot. A tower-based WCF may be permitted as a sole use on a lot. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed WCF structure height, unless it is demonstrated to the reasonable satisfaction of Borough Council and its engineer that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

Combined with another use. A tower-based WCF may be permitted on a property with an existing use, or on a vacant parcel in combination with another use, except residential, subject to the following conditions:

[a]

The existing use on the property shall be a permitted use in the applicable district, and need not be affiliated with the WCF.

[b]

Minimum setbacks. The minimum distance between the base of a tower-based WCF and any adjoining property line or street right-of-way line shall equal 110% of the proposed tower-based WCF's height, unless it is demonstrated to the reasonable satisfaction of the Borough Council and its engineer that in the event of failure the WCF is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants.

Design regulations. Any tower-based WCF over 40 feet in height shall be equipped with an anticlimbing device, as approved by the manufacturer.

Surrounding environs.

The WCF applicant shall ensure that the existing vegetation, trees and shrubs located within 50 feet of the WCF structure shall be preserved to the maximum extent possible.

The WCF applicant shall submit a soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E, as amended, to document and verify the design specifications of the foundation of the tower-based WCF, and anchors for guy wires, if used.

Fence/screen.

A security fence having a minimum height of six feet and a maximum height of eight feet may be required to surround any tower-based WCF greater than 40 feet in height subject to the approval of the Zoning Officer.

Landscaping. Landscaping shall be required to screen as much of a newly constructed tower-based WCF as possible. The Borough Council may permit any combination of existing vegetation, topography, walls, decorative fences, or other features instead of landscaping if, in the discretion of the Borough Council, they achieve the same degree of screening.

Related equipment.

Ground-mounted equipment associated with or connected to a tower-based WCF shall be located underground, or screened from public view using stealth technologies, as described above.

All utility buildings and related equipment accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.

Parking. For each tower-based WCF greater than 40 feet in height, there shall be one off-street parking space, unless the WCF applicant provides evidence of sufficient adjacent parking areas that can be utilized if needed.

Inspection. The Borough reserves the right to inspect any tower-based WCF to ensure compliance with the provisions of this section and any other applicable provisions found within the Borough Code or state or federal law.

Tower-based WCF in the rights-of-way.

The following regulations shall apply to tower-based wireless communications facilities located in the rights-of-way:

Development regulations.

Only tower-based WCFs 50 feet or shorter in height are permitted by conditional use within rights-of-way in designated areas within the Borough. Such tower-based WCFs shall not be permitted in the Town Center District or Historic District of the Borough.

Tower-based WCFs 30 feet or shorter in height shall be permitted by conditional use along the following corridors and roadways, regardless of the underlying zoning district (with the exception of the Town Center District):

High Street;

Market Street;

Gay Street; and

Price Street.

In addition to the permitted location of WCFs 50 feet or shorter in height in designated rights-of-way, such facilities are also permitted by conditional use in the Transportation Corridor Overlay District.

Time, place and manner. The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all tower-based WCFs in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations. For public utilities, the time, place and manner requirements shall be consistent with the police powers of the Borough and the requirements of the Public Utility Code.[2]

Editor's Note: See 66 Pa.C.S.A. § 101 et seq.

Equipment location. Tower-based WCFs and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Borough. In addition:

In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the Borough.

Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days.

[5]

Any underground vaults related to tower-based WCFs shall be reviewed and approved by the Borough.

Design regulations.

The WCF applicant shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact. Use of such technology shall be subject to the approval of the Borough.

The WCF applicant may be required to construct wireless support structures that implement the most current and technologically advanced urban designs in order to complement and enhance the Borough's streetscape.

Tower-based WCFs in the public ROW shall not exceed 50 feet in height.

Relocation or removal of facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based WCF in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any WCF when the Borough, consistent with its police powers and applicable Public Utility Commission regulations, shall determine that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

Construction, repair, maintenance or installation of any public improvement is deemed necessary in the right-of-way;

Operations of the Borough or other governmental entity are deemed necessary in the right-of-way;

Vacation of a street or road or the release of a utility easement is necessary; or

An emergency as determined by the Borough.

Fees. The Borough may assess appropriate and reasonable application fees and rights-of-way annual access fees (if applicable) as may be determined by resolution.

Consistency with state and federal laws and regulations.

The provisions contained herein regulating wireless communications facilities are intended to comply with federal and state laws and regulations in effect as of the date of adoption of this section. To the extent that any of the provisions in this section conflict with any federal or state statute or regulations, the federal or state statutes or regulations shall control unless the applicable federal or state statutes or regulations allow for more stringent provisions in local ordinances, in which case, any more stringent provisions of local ordinances shall remain in effect and shall control.

§ 112-903 Accessory uses, buildings and structures.

The following regulations shall apply to the accessory uses, buildings and structures described below:

Tennis courts. A tennis court, fences and related lighting shall be located in either a rear or side yard and shall not be closer to a rear or side lot line than the distance of the required principal building setbacks of the district in which it is proposed. Tennis court fences shall be permitted but shall not exceed 12 feet in height.

Swimming pools. Swimming pools permitted as an accessory use shall comply with the following conditions and requirements:

The swimming pool shall be used solely for the enjoyment of the occupants of the principal permitted use of the property on which it is located and their guests and shall not be operated commercially so as to charge a fee for the use of the swimming pool.

Noncommercial swimming pools designed to contain more than 18 inches of water shall be erected in conformity with the following requirements:

A permit shall be required to locate, construct or maintain a noncommercial swimming pool.

Swimming pools and buildings related to the pool may be located in the rear or side yard but shall not be closer to any rear or side lot line than the distance of the required building setbacks of the district in which they are proposed. Any walks, paved areas or open decks related to the pool shall be no closer than five feet to a lot line.

Fences shall be constructed with good-quality materials and shall be maintained in a good, safe condition.

These regulations shall not apply to a swimming pool four feet or more above grade when equipped with removable steps or ladders, provided that said steps or ladders shall be removed when the pool is not in use.

These regulations shall not apply to a natural pond or a man-made pond not intended for swimming.

No permit shall be granted for the installation or construction of any in-ground, permanent pool or portable pool having a capacity of 20,000 gallons or more, unless the Borough Engineer has certified that the drainage of such pool is adequate and will not interfere with the water supply system, with existing sanitary facilities or with public streets.

All regulations of the West Chester Borough Building Code shall also apply to swimming pools.

Microwave antennas for satellite communication. All parabolic ground-based reflectors, together with the pedestal and any other attachments and parts, commonly referred to as "dish-shaped antennas," used or intended to receive radio or electromagnetic waves from an overhead satellite in an accessory structure shall conform to the following:

The diameter of a ground-based reflector shall not exceed 12 feet.

The entire structure, including the microwave antenna, shall not exceed 15 feet in height.

Any such structure which is placed in the rear or side yard shall be no closer than 10 feet to the property line, and no such structure shall be placed in the front yard.

No more than one microwave antenna shall be permitted on any lot.

No such structure shall be placed upon any roof, except in the Town Center District, wherein it shall be placed on the side or rear portion of the roof and not on the front portion of the roof.

Any such structure shall be buffered from an adjoining property by a fence or buffer planting strip of at least three feet in width, in accordance with the landscaping and screening requirements of this chapter.

Before erecting any such structure, a building permit shall be obtained.

Bed-and-breakfast facilities. The following regulations shall apply to such facilities in the NC-1 and NC-2 Districts:

Such use shall be accessory to and permitted only for a single-family detached residential use that is in compliance with all of the applicable area and bulk regulations of the NC-1 District and the NC-2 District.

The operator of the facility shall reside at the facility as the occupant of the single-family detached dwelling unit.

The facility shall have a maximum of three guest rooms or suites.

At least one bathroom shall be provided for the first guest room, plus one bathroom for each two additional guest rooms. The living quarters for the residents shall have their own bathroom or bathrooms. Bathrooms shall be equipped with a toilet, washbasin and bath and/or shower.

The minimum size of the guest suite shall be no less than 120 square feet for the first two occupants, and 50 square feet shall be provided for each additional occupant. No more than five individuals shall occupy a guest suite.

Guests shall not remain in the same bed-and-breakfast inn for more than 14 consecutive days.

No external alterations, additions or changes to the exterior structure shall be permitted.

The use shall be conducted by members of the family of the occupant. Nonresident employees shall be limited to two in addition to the resident family members.

There shall be no separate kitchen or cooking facilities in any guest room. Food served to guests on the premises shall be limited to breakfast and afternoon tea only. All food service shall comply with federal, state and county regulations for the preparation, handling and serving of food.

A special exception shall not be granted unless the applicant has a valid County Health Department permit for the use issued within the last five years.

(11)

One off-street parking space per bedroom used shall be provided on the premises in addition to other off-street parking spaces required by this chapter.

(12)

A permit issued for a bed-and-breakfast facility, after the Zoning Hearing Board approves the special exception, shall have a life of one year. The permit may be renewed annually without the necessity of a new special exception application, provided that the Zoning Officer has inspected the facility and found it to be in compliance with the provisions of this chapter and any conditions imposed by the Zoning Hearing Board in the grant of the special exception.

(13)

A bed-and-breakfast facility shall be considered a temporary accessory use granted to the owner. The temporary zoning permit shall expire when the property is transferred, sold or leased or when the property is no longer the primary residence of the owner or if the Zoning Officer does not renew the permit.

(14)

Any amenities, such as a tennis court or swimming pool, shall be solely for the use of the resident owner and the guests.

(15)

The resident owner(s) shall maintain a guest register, which shall list the names and addresses of all guests.

(16)

No bed-and-breakfast facility shall be within 300 feet of another lot used for a bed-and-breakfast facility.

Home occupations.

Legislative intent. The intent of these regulations governing home occupations is as follows:

To protect the market values of properties within the Borough's residential zoning districts by preventing excessive noise, traffic, nuisance, fire hazard and other possible adverse effects from commercial-type activities that are being conducted in residential zoning districts.

To recognize that certain limited home occupational uses can be useful to the community as well as compatible with a residential zoning district if the regulations and standards of this § 112-903E are met.

To protect the integrity of the Borough's residential zoning districts from activities which detract from the residential character of a neighborhood and infringe upon the rights of residential property owners.

To permit home occupations as an accessory use to a dwelling or a dwelling unit, provided that such occupations are compatible with neighboring residential uses, do not detract from the residential character of a neighborhood and comply with the specific standards set forth in this § 112-903E.

Regulations, standards and restrictions on home occupations.

Home occupations shall be permitted in a dwelling or a dwelling unit, provided that all regulations, standards and requirements of this § 112-903E are met and complied with, and provided that the person or persons seeking a home occupation use first obtain(s) a permit from the Director of Building, Housing and Codes Enforcement in accordance with § 112-903E(3).

A home occupation shall be permitted, provided that any person engaged in the home occupation is a resident of the dwelling or dwelling unit in which the home occupation use exists. The person or persons engaged in the home occupation may employ additional employees, provided that such employees do not work in the dwelling or the dwelling unit or on the premises upon which the home occupation is conducted, do not report for work at the dwelling or the dwelling unit or the premises upon which the home occupation is conducted and do not park their vehicles at the premises upon which the home occupation is conducted.

A home occupation shall be incidental or clearly secondary to the use of the property as a residence.

More than one home occupation shall be permitted in a dwelling or a dwelling unit, provided that the multiple home occupations as a whole comply with all standards specified in this § 112-903E, and provided further that the addition of a multiple home occupation does not adversely affect the surrounding residential properties.

No home occupation shall be commenced until all permits required by the regulating authorities for such home occupation (including, without limitation, the permit required by this § 112-903E) have been obtained by the person or persons intending to be engaged in such home occupation.

The person or persons intending to be engaged in such home occupation must comply with all local, state and federal laws, regulations, statutes and ordinances which are pertinent to the home occupation.

The home occupation shall involve no customer, client or patient traffic (whether vehicular or pedestrian), pickup, delivery or removal functions to or from the dwelling or dwelling unit in excess of those normally associated with residential use.

The home occupation shall be conducted only within the dwelling unit and may not occupy more than 25% of the total habitable floor area of the dwelling or the dwelling unit.

The home occupation may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.

(j)

There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.

(k)

There shall be no outside appearance of a business use, including but not limited to parking or lighting.

(l)

The home occupation may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with the residential use in the neighborhood.

Administrative procedure/permits.

Prior to undertaking the conduct of a home occupation, the resident practitioner shall submit an application for a permit and the requisite fee as determined by resolution of Borough Council to the Director of Building, Housing and Codes Enforcement. The application shall contain the following information:

The name of the property owner and property address where the home occupation shall be conducted.

The name of the resident practitioner of the home occupation and trade name, if any, under which the home occupation shall be operated.

The zoning district of the property from which the home occupation shall be conducted.

The floor plan of the dwelling showing the dimensions of all floors.

[5]

A sketch plan and description of the area of the dwelling dedicated to the home occupation use, including the total square footage of the dwelling area dedicated to the home occupation.

[6]

A description of the home occupation to be conducted from the premises, demonstrating its compliance with the standards of this § 112-903E.

Upon receipt of the application, the Director of Building, Housing and Codes Enforcement shall review its contents and issue a permit to the resident practitioner if authorized. Such permit must be renewed annually and is not transferable to a different person or a different property address. A home occupation existing at the date of enactment of these standards and operating in compliance with a previously issued permit or special exception shall be entitled to continue to operate under those terms.

Livestock.

The total number of livestock animals permitted on any lot shall be computed according to the total number of acres constituting the lot and the number of acres required per animal.

The total number of acres required to keep livestock must be equal to the total required acreage for the proposed combination of livestock as referenced below. Animals not referenced in the following table shall be judged according to the requirements for animals of a similar type:

Mature Livestock	Acres Required Per Animal
Horses and cows	1.0
Sheep and goats	0.5

No person owning or having in his custody livestock or poultry shall maintain such so as to create any health or safety hazard or obnoxious or foul odor therefrom, except to the minimum practical extent inherent in the nature of said livestock.

No manure storage shall be established closer than 100 feet to any property line.

No manure storage shall be established closer than 100 feet to any wells, springs, sinkholes, lakes, ponds, and streams.

No person owning or having in his custody livestock or poultry shall permit the same to go unattended to the injury or annoyance of others, nor shall such livestock or poultry be permitted at large upon the streets or other public ways of the Borough. Such action is considered to be a danger to the public health and safety.

Shelter and fenced area requirements.

In addition to the acreage requirements for any agricultural use determined by using the above procedure, every landowner shall also provide a shelter area of a size sufficient for good sanitation practices and adequate and sanitary drainage therefor according to the following minimum requirements:

All shelters shall have a roof and at least three enclosed sides.

A shelter area of 120 square feet shall be provided for each mature horse.

A shelter area of 80 square feet shall be provided for each pony, mule, donkey, cow, or other similar livestock animal.

A shelter area of 20 square feet shall be provided for each sheep or other livestock animal of similar size.

Every landowner shall provide a fenced area around any pasture and shelter and shall make provisions for good sanitation practices and sanitary drainage.

Height and setback regulations for accessory use structures.

All accessory buildings shall be at least 10 feet from any principal building.

The maximum height of accessory use structures which are detached from a principal building shall be 15 feet.

Family day care homes. The following regulations shall apply to such facilities:

All floors, walls, ceilings, and other surfaces, including the outdoor play area, must be kept clean and in good repair.

All medicines, drugs, cleaning materials, detergents, aerosol cans and other poisonous and toxic materials must be stored in their original, labeled containers and used in such a way that does not contaminate play surfaces, food, food preparation areas or constitute a hazard to the children. Such materials must be kept in a place inaccessible to children and separate from child-care areas, food and food preparation areas.

Hot-water pipes, fixed space heaters and other sources of heat exceeding 110° F. (43° C.) which are accessible to children, must be equipped with protective guards or insulated to prevent children from coming into direct contact with the heat source. Fireplaces must be securely screened or equipped with protective guards while in use.

The family day care home must have one indoor flushing toilet and one sink with water available at the sink.

All windows and doors used for ventilation must be screened.

The family day care home must have an operable telephone.

Stairways, hallways and exits from rooms and from the family day care home must be unobstructed. Easily opened protective gates and other devices are permitted.

Protective receptacle covers must be placed in all electrical outlets accessible to children under five years of age.

An operable 120-volt, single-circuit smoke detector must be placed on each level of the home used by the children and on each level of exit from the home.

A portable fire extinguisher suitable for Class B fires, as defined in the Borough Fire Prevention Code, Chapter 57 of the Code, must be provided in the kitchen and other cooking areas. The fire extinguisher must be tested yearly or have a gauge to assure adequate pressure level.

Accessory dwelling units.

[Added 7-19-2023 by Ord. No. 11-2023]

Specific intent. The purpose of this subsection is to allow accessory dwelling units on lots where single family dwellings are permitted. Council recognizes that allowing accessory dwelling units subject to the standards in this subsection may achieve some or all of the following benefits:

Increase the supply of a more attainable and diverse type of housing not requiring government subsidies;

Assist older homeowners, single parents, young home buyers, and renters seeking a wider range of homes, prices, rents and locations;

Provide opportunities to reduce segregation of people by race, ethnicity, and income that resulted from decades of exclusionary zoning;

Provide homeowners with extra income to help meet rising ownership costs;

Create a convenient living arrangement that allows family members or other persons to provide care and support for someone in a semi-independent living arrangement while remaining in his or her community;

Increase security, home care and companionship for older or other homeowners;

Reduce burdens on taxpayers while enhancing the local property tax base by providing a cost-effective means of accommodating development without the cost of building, operating and maintaining new infrastructure;

Promote more compact urban growth, which reduces the loss of natural areas and resources, while limiting increases in pollution that contributes to climate instability; and

Enhance job opportunities for individuals by providing housing nearer to employment centers and public transportation.

Eligibility. An ADU may be permitted as an accessory use to a single-family detached dwelling, single-family semidetached dwelling and single-family attached dwelling in the NC-1, NC-2 and TC Town Center Districts as identified in § 112-304B, subject to the conditions set forth in this section and all other applicable provisions of this chapter.

Standards for accessory dwellings. All ADUs must be in compliance with the following standards:

One of the two dwelling units shall be occupied by the owner of the lot on which both dwelling units are located.

There shall be no more than one ADU built on each lot.

The floor area of an ADU shall be limited to a maximum of 800 square feet and shall contain no more than one bedroom.

A maximum of two people may reside in the ADU.

An ADU that is rented or leased shall obtain a rental license and comply with all requirements of Chapter 66.

Dimensional requirements.

An ADU proposed within or attached to an existing structure shall be subject to all applicable residential dimensional requirements for the principal structure, except minimum lot area.

A detached ADU shall not be located within any front or side yard and shall be subject to all applicable residential dimensional requirements for accessory structures, except maximum building height.

The maximum building height for a detached ADU shall not exceed 24 feet. If an ADU is proposed for an accessory structure existing at the time of adoption of this subsection that is in excess of 24 feet, the height of the existing structure is considered the maximum height permitted.

Parking.

One off-street parking space shall be required for an ADU, in addition to those required for the principal dwelling.

The residents of the ADU shall not be eligible for any on street parking permits issued pursuant to the Borough's Residential Parking Program.

The owner of the proposed ADU must obtain all necessary permits and approvals from the Borough's Wastewater Department prior to issuance of any building permit.

If an ADU is located within an accessory structure, such structure must be located on the same lot as the principal dwelling.

If an ADU is located within an existing single-family detached dwelling or attached dwelling, it shall have an entrance separate from the entrance to the primary dwelling. This entrance may not be a part of the front facade of the primary dwelling.

If an ADU is built within an accessory structure that is on a lot adjacent to an alley, the following design standards must be met:

The area between the front facade of the ADU and the alley shall be embellished with landscaping in the form of planters, planting beds, river jack stones or similar features and be maintained in a mud-free condition.

The area adjacent to the cartway of the alley shall have stabilized edges formed by river jack stones, brick or other nonerosive surfaces.

The front facade shall be detailed with features such as a pent eave roof above the front door or garage doors, eave roof pilasters and other like type architectural embellishments.

The front facade must have vertically proportioned windows, aligned windows on the facade and proportional massing.

All accessory structures to the ADA, such as generators and electrical/mechanical systems and trash receptacles, shall be screened by walls or fencing complimentary to the material of the principal dwelling.

The ADA shall be constructed of materials that are compatible with the materials used on the principal dwelling and shall be traditional building materials such as brick, stone, painted wood and slate or metal roofing.

No parking shall be permitted in front of the ADU.

If the ADU is located in the Historic District, it shall comply with the standards and criteria in § 112-504.

To ensure compliance with this chapter, an architectural plan shall be submitted as part of a building permit application, accurately drawn to scale, indicating the relationship and size of the two dwelling units, as well as parking areas and any proposed exterior alterations.

(11)

A use and occupancy permit shall be required prior to the occupancy of an ADU. The permit form, as provided by the Borough, and accompanying required fee shall be submitted by the property owner. An application to renew the permit shall be submitted annually prior to the intended continuation of occupancy. It shall be unlawful for the ADU to be occupied beyond the operative period of a permit. The ADU shall be subject to inspection by the Zoning Officer prior to issuance of the initial use and occupancy permit, and then at least once every three years thereafter while the dwelling unit is occupied, on or about the date of initial occupancy.

§ 112-904 Landscaping and screening requirements.

All required landscaping areas shall be installed and maintained in accordance with a landscaping plan that is approved by the Borough Council. The landscaping plan shall conform to the requirements in the Borough's Subdivision and Land Development Ordinance.[1]

Editor's Note: See Ch. 97, Subdivision and Land Development.

§ 112-905 Impact assessment report.

An impact assessment report shall be submitted for the following:

Any proposed development governed by the conditional use provisions of this chapter.

Any development in the NC-3, TC, CS, ID or IS Districts which involves a project on one or more acres of land or involves five or more dwelling units, leaseholds or buildings.

Conversions of existing buildings to professional office or multifamily use in the NC-2 District.

Any petition for a zoning change filed pursuant to this chapter.

Any application for a building in the Town Center HO-60 District where the height of the building is increased above 45 feet to a maximum height of 60 feet.

Any application for a building in the Commercial Service HO-75 District where the height of the building is increased above 35 feet to a maximum height of 75 feet.

The impact assessment report shall be prepared by a design professional and shall address the following:

A site development plan, including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the lot(s) and a depiction of the features which are proposed, such as streets, driveways, parking areas, buildings and other structures and all impervious surfaces. The plans shall be drawn at a scale of not more than 50 feet to the inch and may be submitted as an attachment to the report.

Floor plans and elevations depicting the proposed size, square footage and height of buildings and/or other structures.

A statement indicating the existing and proposed ownership of the lot(s) and, where applicable, the type of ownership, operation and maintenance proposed for areas which may be devoted to open space or otherwise not under the control of a single lot owner.

A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project. Such boundaries shall be superimposed on a version of the site development plan.

An identification of the land use conditions and characteristics associated with the lot(s), such as current and past use, land cover and encumbrances, and the relationship of these to adjacent lot(s). The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps, drawn at a scale of not more than 50 feet to the inch, shall be incorporated into the report or submitted as attachments to it:

A map depicting the land cover characteristics of the tract. Such map shall define existing features, including paved or other impervious surfaces, wooded areas, lawns and landscaped areas and the like.

A map depicting any encumbrances to the tract. Such map shall define easements and other areas where certain use privileges exist.

A map depicting the land uses adjacent to the proposed tract. Such map may be at the same scale as the location map.

An identification of the historic resources associated with the lot(s), such as areas, structures and/or routes and trails which are significant. Areas, structures and/or routes and trails included on the National Register of Historic Places, the Pennsylvania Inventory of Historic Places and the Historic American Building Survey and any which may be identified in the Comprehensive Plan shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map, drawn at a scale of not more than 50 feet to the inch, depicting historic resources shall be incorporated into the report or submitted as an attachment to the report.

An identification of the community facility needs associated with the users and/or residents of the proposed project. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection and ambulance and rescue service) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the lot(s) and the need for additional or expanded community facilities.

An identification of the utility needs associated with the users and/or residents of the proposed project. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities, such as those used for water supply, sewage disposal, storm drainage, communications and electrical transmission, shall be discussed in terms of the ability of existing utility installations to accommodate the demands of the future users and/or residents of the lot(s), the need for additional or expanded utility installations and the ability to achieve an adequate system for storm drainage and stormwater management.

An identification of the demographic characteristics related to the proposed project. The characteristics, which shall be presented in narrative form, shall include a profile of the future users and/or residents of the lot(s), including information such as the number of people or laborers expected. Such information shall be related to initial and completed project conditions.

An identification of the economic and fiscal characteristics related to the proposed project. The characteristics, which shall be presented in narrative form, shall include a profile of the Borough, county and school district revenues which the proposal may generate and the Borough, county and school district costs it may create. Such information shall be related to initial and completed project conditions.

(11)

An identification of characteristics and conditions associated with existing, construction-related and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases, radioactive materials and/or other noxious conditions.

(12)

An identification of compliance with the environmental controls as required by this chapter.

(13)

The implications of the proposed project in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions and characteristics described in Subsections B(1) to B(12). In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the lot(s), resources, conditions or characteristics through the use of a map, drawn at a scale of not more than 50 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the report how and where the findings in the report and its attachments are reflected in the subdivision, land development or other plan.

(14)

Alternatives to the proposed project. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on how alternatives such as revised location, redesign, layout or siting of buildings, streets and other structures, reduction in the size of proposed structures or number of structures and the like would preclude, reduce or lessen potential adverse impact or produce beneficial effects.

(15)

Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards and those unique to a specific project, as follows:

Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the state, county and/or Borough for remedial or protective action, such as sedimentation and erosion control, stormwater runoff control, water quality control, air quality control and the like.

Mitigation measures related to adverse impacts of a specific project are those related to efforts such as regrading, revegetation, screening and the creation of landscaped areas, fencing, emission control, traffic control, noise control, relocation of people and/or businesses, land acquisition and the like.

In making its evaluation, the Borough Council and/or the Planning Commission may request any additional information it deems necessary to adequately assess potential impacts.

§ 112-906 Standards for granting special exceptions for student homes.

The following criteria must be met before the Zoning Hearing Board may authorize a special exception for a student home in the NC-1 or NC-2 Zoning Districts or in a dwelling unit which is not a multifamily dwelling unit in the NC-3 Zoning District:

The single-family dwelling has a floor area of at least 1,000 square feet exclusive of basements, garages and accessory buildings.

A student home shall not be located within 500 feet of a group home, group quarters institution, church, educational use, housing for older persons or home for handicapped individuals. The distance between the two uses shall be measured by the shortest distance between the lot on which the proposed student home will be located and the lot or lots which contain the existing uses.

A student home shall not be located closer than the distance equal to 20 times the required street frontage for the Neighborhood Conservation District Block Class where the student home is proposed to be located from another student home. The distance between the two student homes shall be measured by the shortest distance between the two lots where the student homes are located.

A student home shall meet the area and bulk requirements for a single-family dwelling in the applicable zoning district where such use is proposed.

The owner of the student home, or the agent or manager of the student home, shall annually register the student home with the Borough Department of Building and Housing on a form provided by the Borough. If the owner of the student home fails to maintain a current registration of his or her student home, the Zoning Officer shall enforce such condition.

If the single-family dwelling where the student home is proposed cannot meet the parking requirements set forth in Article VI, the Zoning Hearing Board may still authorize the special exception with the condition that the number of occupants which may reside at the student home shall be limited to the number of off-street parking spaces provided at the single-family dwelling.

§ 112-907 Airport hazard area.

Purpose. This section is enacted pursuant to the authority in Act 1984-164, known as "Pennsylvania's Airport Hazard Zoning Law,"[1] in order to avoid airport hazards which would reduce the size of the area available for landing, takeoff and maneuvering of aircraft, and to restrict the height of structures and objects of natural growth on certain properties which are identified as being in the transitional surface area on the Brandywine Airport Surface Area Map which is attached hereto and shall be found in the Appendix to this section.[2]

Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.

TRANSITIONAL SURFACE ZONE

Editor's Note: Said map is on file in the Borough offices.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AIRPORT

Brandywine Airport.

AIRPORT HAZARD

Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft and landing or taking off at an airport, or is otherwise hazardous as defined in 14 CFR 77 and 74 Pa.C.S.A. § 5102.

AIRPORT HAZARD AREA

Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and Act 1984-164.

An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone is depicted on the Brandywine Airport Surface Map which is attached hereto and shall be found in the Appendix to this section.[3]

Editor's Note: Said map is on file in the Borough offices.

Permit applications. Any person who plans to erect a new structure, to add to an existing structure or to erect or maintain any object in the transitional surface zone which would be 200 feet or greater above ground level shall first notify the Pennsylvania Department of Transportation's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with a building permit application. If the Department's BOA returns a determination of no penetration of air space, the building permit shall be considered to be in compliance with this section of the chapter and may be issued. If the Department's BOA returns a determination of a penetration of air space, the Borough shall deny the building permit until the necessary approval is granted by the BOA.

Notwithstanding any other provisions of this section, no use shall be made of land or water within the transitional surface zone in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise endanger or interfere with the landing, take off or maneuvering of aircraft utilizing the airport.

§ 112-908 Transportation impact studies.

A transportation impact study prepared in accordance with the standards in § 97-38.2 of the Code shall be submitted for the following:

Any change in use of a building or structure in all zoning districts, except the Institutional District, which involves the use of 1,500 or more square feet of a building.

Any change in use of a building or structure in the Institutional District which involves the use of 5,000 or more square feet of a building.

Any development which involves the creation of five or more dwelling units.

Implementation of recommendations. The Borough may have an independent review done of the applicant's transportation impact study, at the applicant's expense, to make a final determination if any traffic improvements must be implemented to mitigate negative impacts from the proposed change in use or development. The Planning Commission and Borough Council shall review the transportation impact study to analyze its adequacy in solving any traffic problems that will occur due to the proposed change in use or development. The applicant shall be required to implement the on-site transportation improvements necessary to mitigate the "future with" deficient traffic conditions as noted in the transportation impact study. Borough Council may determine that certain other improvements on and/or adjacent to the site and within the study area are necessary requirements for approval of the change in use or development and may attach these as conditions to the approval if permitted by law. If the Borough Council determines that such additional improvements are necessary, the applicant shall have the opportunity to submit alternative improvement designs to obtain plan approval.

§ 112-909 Nursing homes in conjunction with personal care homes.

Nursing Home facilities in conjunction with personal care homes shall be designed according to a unified architectural scheme and site plan to include building facades, street furniture, signs, lighting standards, parking and driveways in conformity with the following:

Any uninterrupted building facade that exceeds 200 feet in length shall be varied by any of the following methods:

A wall may be offset to a depth of at least four feet at intervals of 100 feet or less.

The direction of the wall may change by at least 90° but no more than 135° at intervals of 200 feet or less.

All roof lines shall be designed to provide visual interest through the use of variations in pitch or height or architectural detailing and shall reflect the predominant style of the neighborhood, if such can be determined.

All building facades that front externally shall be designed to provide some visual interest through architectural detailing, varied building materials, color or other means and shall reflect the predominant style of the neighborhood, if such can be determined.

Exterior walls of the structure shall be finished in a manner compatible with the front facade of the building.

Parking lot landscaping, boundary buffers and site element screens shall be employed in accordance with the requirements of all ordinances and regulations of the Borough of West Chester. Wherever possible, off-street parking shall be located so as not to be visible as viewed from an elevation three feet above cartway surfaces of abutting streets. The burden shall be upon the applicant to demonstrate any lack of feasibility of such placement.

The sign standards of the Borough of West Chester shall apply, except that each entrance shall be signed with only one sign, and such sign shall not exceed four square feet.

The parking standards of the Borough of West Chester shall apply, including provisions for reserved parking.

The applicant shall submit preliminary subdivision and land development plans for the proposed skilled nursing facility in conjunction with a personal care home when filing the conditional use application. The preliminary plans shall be prepared in accordance with Chapter 97, Subdivision and Land Development, of the West Chester Borough Code.

§ 112-910 Special design standards for new streets and alleys.

The design and development of all tracts of land that are five acres and larger and that involve the construction of new streets and alleys shall provide for the construction of such streets and alleys as an extension of and with a connection to the existing grid of streets and alleys. Such extension and connection shall form a continuous network of streets and alleys without cul-de-sac.

§ 112-911 Open space provisions.

These provisions are designed to:

Provide an effective means for identifying, organizing and maintaining open space.

Provide for active and passive recreation areas to complement existing open space and recreational uses and/or to meet the demand for such areas by future residents.

Preserve natural environmental resources by:

Encouraging the preservation of floodplains and thus supplementing the floodplain regulations.

Limiting the development of steep slopes.

Protecting the quality of existing watercourses, ponds and other water bodies.

Avoiding the disruption of woodland and/or individual trees.

Maintaining and/or enhancing the character of the site relative to its aesthetic and recreational qualities and characteristics.

Preserve historic and cultural resources by:

Promoting the preservation of significant historical and cultural sites and structures as open space.

Protecting the character of historic and cultural sites and structures by encouraging the designation of surrounding land as open space.

Permitted principal uses shall be as follows:

Recreational uses, such as parks and playfields, and activities and structures related thereto, such as pavilions, tennis courts, basketball courts and playground apparatus.

Conservation uses to preserve woodland areas, ponds, streams and related landscape features.

Permitted accessory uses shall be as follows:

Uses customarily incidental to the principal uses permitted in this § 112-911B, unless specified otherwise in § 112-911D.

Signs which are customarily incidental to the principal uses permitted in § 112-911B and in accordance with Article VII.

Conditional uses shall be as follows:

Parking which is customarily incidental to the principal uses.

Utility easements and rights-of-way.

Stormwater management facilities and erosion and sedimentation control facilities, provided that such facilities do not exceed 5% of the required open space.

Locational criteria. The following resources shall be considered to be most appropriate for designation as open space:

Areas for various active recreational opportunities and pursuits, such as level open areas which could be adopted for playfields and parks.

Areas regulated by the floodplain regulations of this chapter.[1]

Editor's Note: See § 112-503 et seq.

Other natural areas comprising woodland, surface water resources and steep slopes.

Historic sites and buildings, such as those on or candidates for the National Register of Historic Places, the Pennsylvania Inventory of Historic Places or the Historic American Building Survey, or those that are identified as being historically or culturally significant in the Comprehensive Plan or other recognized study.

Lands to be used and maintained as buffers for screening purposes, noise control and other safeguards.

Calculating open space areas.

When computing open space areas for purposes of determining compliance with this article, the following shall not be counted as open space:

More than 5% of the areas to be used for permanent erosion and sedimentation control and for stormwater management structures and drainage easements.

Parking areas or parking lots which are paved.

Lot areas for existing or proposed dwelling units.

Streets and bridges.

No more than 1/2 of the required open space shall consist of a single type of physical or biological resource. For example, no more than 50% of the open space can be comprised of floodplain conservation areas, or no more than 50% of the open space can be comprised of steep slopes, woodland or wetlands.

No more than 1/4 of the required open space shall consist of those historic sites or buildings which are used or made available to the residents of the development for recreational or related use.

Performance standards shall be as follows:

Minimum contiguous area: 5,000 square feet.

Minimum parcel width: 20 feet.

Minimum setback for recreational buildings and structures from property lines: 20 feet.

Maximum impervious coverage of an open space area: 15%.

Ownership and maintenance.

There shall be provisions which ensure that the open space shall continue as such and be properly maintained. Any of the following methods and no other may be used, either individually or together, to preserve, own and maintain open space:

Dedication to the Borough, if accepted by the Borough.

Homeowners' association.

Condominium association.

Donation or dedication of conservation easements.

Transfer of fee simple title or development rights and easements to a private conservation organization.

The following specific requirements are associated with each of the various methods:

Fee simple dedication. The Borough may, but shall not be required to, accept an offer of a deed of dedication, provided that:

Such land is accessible to the residents of the Borough.

There is no cost of acquisition.

The Borough agrees to and has access to maintain such lands.

Homeowners' association: the establishment of a nonprofit homeowners' association established pursuant to § 112-911I(2).

Condominium association. The open space may be controlled through the use of condominium agreements. Such agreements shall be in conformance with the Unit Property Act of 1963.[2] All open space land shall be held as common element.

Editor's Note: The Pennsylvania Unit Property Act of 1963 was repealed 7-2-1980 by P.L. 286, No. 82. See now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.

Dedication of easements. The Borough or other organization acceptable to the Borough may, but shall not be required to, accept conservation easements for public use of any portion of open space land, the title of which is to remain in the ownership of the condominium or homeowners' association, provided that:

Such land is accessible to the residents of the Borough.

There is no cost of acquisition.

A satisfactory maintenance agreement is reached between the developer and the Borough.

Transfer to a private conservation organization.

With permission of the Borough, the landowner or developer may transfer either the fee simple title with appropriate deed restrictions running in favor of the Borough or the development rights or easements to a private, nonprofit organization, one of whose purposes is to conserve open space land, provided that:

The organization is acceptable to the Borough and is a bona fide conservation organization with perpetual existence.

The organization is chartered under the laws of the state to administer deed restrictions limiting eventual disposition of such property for the purposes stated in its articles of incorporation.

The conveyance contains appropriate provisions for reverter or retransfer in the event that the organization becomes unwilling or unable to continue to function.

A maintenance agreement acceptable to the Borough is entered into by the landowner or developer and the organization.

In the event of any proposed transfer of open space within the methods permitted in this section or of the assumption of maintenance of open space land by the Borough as hereinafter provided, notice of such action shall be given to all affected property owners.

If a homeowners' association (the organization) is formed, it shall be governed according to the following:

The landowner or developer shall provide the Borough with a description of the organization, including its bylaws and methods for maintaining open space, which shall be acceptable to the Borough.

The organization shall be organized by the landowner or developer and operated with financial subsidy by the landowner or developer, if necessary, before the sale of any lots within the development.

Membership in the organization shall be mandatory for all purchasers of dwelling units therein and their successors.

The members of the organization shall share equitably the costs of maintaining and developing open space in accordance with procedures established by them. If a member fails to pay his pro rata share, then a lien against an individual property may be made in accordance with the provisions for the same in the bylaws of the organization.

The organization shall be responsible for maintenance of, and insurance and taxes on, open space.

The organization shall have or hire adequate staff to administer common facilities and maintain the open space to the satisfaction of the Borough Council.

In the event that the organization established to own and maintain open space or any successor organization shall at any time after designation fail to maintain the open space in reasonable order and condition in accordance with any and all approved plans, the Borough may serve written notice upon such organization or upon the residents and owners of lots within the development from which the open space was derived setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon, which shall be held within 14 days of the notice.

At such hearing, the Borough may modify the terms of the original notice as to the deficiencies and may give an extension of the time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said 30 days or any extension thereof, the Borough, in order to preserve the taxable values of the properties and to prevent the open space from becoming a public nuisance, may enter upon said open space and maintain the same for a period of one year, at the expense of the organization. The cost of any such maintenance shall be borne by the owners of lots within the development from which the open space was derived. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the residents and owners.

Before the expiration of said year, the Borough shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon notice to such organization or to the residents and owners of the project to show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the Borough may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough in any such case shall constitute a full administrative decision, subject to judicial review at the expense of the homeowners' association.

The cost of such maintenance by the Borough shall be assessed ratably against the properties within the project that have a right of enjoyment of the open space and shall become a municipal lien on said properties. The Borough, at the time of entering upon said open space for the purpose of maintenance, shall file a notice of such lien, in the office of the Prothonotary of Chester County, upon the properties affected.

§ 112-912 Unified mixed-use development.

Where meeting specific criteria to support affordable housing in combination with community facilities, a unified mixed-use development shall be a permitted use in the CS District Commercial Service District subject to the following provisions:

Purposes. A unified mixed-use development provides an alternative set of provisions for development of properties in the CS Commercial Service District. This by-right development alternative is applicable where affordable housing is provided in combination with community facilities and/or neighborhood amenities either on the same lot, or on multiple lots approved together as part of a unified mixed-use development in the CS District, and further subject to all use and development standards established by this § 112-912.

Controlling regulations. Where a conflict exists between a provision of this § 112-912 and another provision of this chapter or the Borough Subdivision and Land Development Ordinance[1] or other development ordinance or regulation, the provisions of this § 112-912 shall prevail.

Editor's Note: See Ch. 97, Subdivision and Land Development.

Size and location. A unified mixed-use development shall be limited to tracts in excess of 0.5 gross acres.

There shall be no minimum lot area requirement per use or per dwelling unit.

Uses. A unified mixed-use development shall include Use Component 1, as set forth below, in all cases. In addition, a unified mixed-use development shall include at least one of Use Components 2 and 3 as set forth below. Buildings may include a combination of use components, but at least 50% of the gross floor area of all buildings in the unified mixed-use development must be affordable housing.

Use Component 1: affordable housing residential uses. Any combination of single-family attached (townhouse) and multifamily/apartment uses which meet the definition of "affordable housing." Such residential uses shall not require a separate lot or lots for any such use on the unified mixed-use development.

Use Component 2: community facilities. Facilities which provide for various community, educational, safety, leisure and like needs and the locations at which these services are provided. For purposes of this § 112-912, typical community facilities or components thereof include, but are not limited to, arts and education centers; recreation centers; community centers; sports, recreational or athletic facilities; playgrounds; parks; libraries; museums; youth or community theaters; culinary institutes or programs; or any combination thereof.

Use Component 3: neighborhood amenities. Neighborhood amenities provide neighborhood support in meeting economic and social needs of the community and enhance walkability and local proximity to such amenities. For purposes of this § 112-912, neighborhood amenities include, but are not limited to, grocery or food services, including co-ops or food banks; cafes or restaurants; catering and event venues; child, youth or adult day care; after-school programs; health clinics, medical clinics, or health care services; workforce development services; community group meeting space; educational uses; alternative education facilities; and personal service shops.

Height, area and bulk standards. Notwithstanding any height, area or bulk standards otherwise set forth as to the CS Commercial Service District or elsewhere in the Borough Ordinances, the following shall specifically apply to a unified mixed-use development:

Minimum lot area	0.5 gross acre
Minimum lot width at lot frontage on Market Street, Gay Street, Strasburg Road, Downingtown Pike, or Hannum Avenue	50 feet
Minimum front yard setback	5 feet
Minimum rear yard setback	10 feet
Minimum side yard setback	10 feet
Maximum building coverage	65%
Maximum impervious lot coverage	85%
Building height	45 feet by right (provided, however, that a building may exceed 45 feet in height if otherwise in the HO-75 Overlay District and when in compliance with the standards in § 112-402 as to height)

Parking.

Parking for community facilities and neighborhood amenities. Notwithstanding any parking or loading requirements under Article VI of this chapter, a legally existing or lawfully nonconforming structure containing Use Component 2 (community facilities) or Use Component 3 (neighborhood amenities) may utilize the existing number of parking spaces already on the site, and such existing number of parking spaces shall be considered compliant in number and space size as it relates to Use Components 2 and 3.

Residential parking. As to parking for residential uses, given the proximity and support for walkability to services and amenities, and nearby public transportation options, and the more limited needs for traditional residential automobile parking, the applicant shall utilize the following parking standards:

Single-family attached (townhouses): minimum two spaces per dwelling unit; provided that, where any spaces are approved as garage spaces, such garage spaces shall be continuously maintained as being open and available for vehicular parking and shall be so stated in any leases.

Multifamily or apartment uses: minimum 0.8 average spaces per apartment unit, provided that the unified mixed-use development has street frontage along a public transportation route stop or is within 1/4 mile of a public transportation route stop as measured from a point in the site. If such public transportation access is not available, the parking minimum shall be 1.2 average spaces per apartment unit.

Internal zero lot lines; responsibilities for common elements and infrastructure. Any individual units, buildings, or parcels of land within an approved unified mixed-use development may be leased, purchased, sold, mortgaged, and developed as individual zero lot line units, or as individual condominium units, or as other form of ownership units; provided, however, that the development plan for the overall unified mixed-use development shall remain compliant with the standards of this § 112-912. Any and all association, condominium, or other agreements relating to development shall be subject to review and approval of the Borough Solicitor and shall properly ensure and provide responsibility for common elements and infrastructure by the applicant, developer, user or tenant.

§ 112-913 Student homes, existing.

Purpose. The demolition and reconstruction of student homes in multifamily dwelling units shall be permitted by conditional use. The Borough recognizes that certain existing buildings containing multifamily dwelling units used for student homes in the Borough have become functionally obsolete. The purpose of this use is to allow existing student homes in a building or buildings containing 30 or more dwelling units to be demolished and reconstructed to provide student homes which are built in accordance with the latest edition of ICC 700, or an equivalent code which is approved by the Zoning Officer, and which are code-compliant facilities that are security-enhanced with interior and exterior security cameras and on-site management. The reconstruction of student homes will allow for building design featuring architectural amenities that are more consistent with the residential character of the neighborhood. Said student homes will service the existing demand for student homes and will thereby decrease pressure to provide student homes in other parts of the Borough.

The following area and bulk regulations shall apply:

Minimum tract size: 40,000 square feet.

Minimum lot width at the building line: 150 feet.

Minimum lot width at the street line: 100 feet.

Minimum front yard: 15 feet.

Minimum rear yard: 20 feet.

Minimum side yard, individual: 10 feet.

Minimum side yard, aggregate: 25 feet.

Maximum building coverage: 45%.

Maximum impervious coverage: 70%.

Minimum green area: 15%.

Maximum height of buildings and structures erected, enlarged or used shall be 45 feet in the case of a flat roof and 50 feet in the case of a pitched roof.

The following regulations shall apply:

No building, porch or portico shall be less than 25 feet from the perimeter property line, except for directional signs, lighting standards, benches, terraces and patios.

Common parking areas shall be screened from any residential use located on an adjacent lot to prevent direct glare from headlights and other lights. Common parking areas assigned to particular dwelling units shall not be more than 200 feet from the principal building. Screening may include fencing, shrubbery or a combination of both.

All trash and recycling shall be collected and stored inside a multifamily building, except that temporary trash and recycling collection and storage may occur outside of a multifamily building for a period not to exceed 15 days during the peak move-in and move-out period(s) of the calendar year.

Multifamily buildings containing dwelling units shall be designed and constructed to avoid a solid, unarticulated building mass over that portion of the facade(s) of the building containing said dwelling units. The mass, scale and visual impact shall be reduced by staggering building walls. The staggered building walls shall incorporate setbacks or bumpouts of at least three feet in depth and occur along the facade length at least every 75 feet; other architectural treatments may be incorporated, provided such treatments divide the facade and create architectural interest and distinction. Architectural interest and distinction should be in keeping with the design of the surrounding neighborhood and community.

Multifamily buildings may contain balconies only as ornamental architectural features that are uninhabitable spaces, and access to balconies from dwelling units shall not be permitted.

All plans for this use shall be accompanied by a landscaping plan and an impact assessment report in accordance with this chapter.

No active recreation facilities involving the installation of accessory use structures, such as basketball, volleyball or tennis equipment, shall be permitted.

All rooftop mechanical equipment and structures shall be screened from view of adjacent properties.

All rooftop mechanical equipment and structures shall be operated in compliance with Chapter 73 of the Borough Code, Noise Disturbance.

Bicycle racks shall be provided and shown on the conditional use plan.

Parking shall be as follows:

Off-street parking shall be provided in accordance with this chapter. The applicant shall demonstrate compliance at the time of conditional use approval. All parking shall be provided on premises.

Except as otherwise provided in this section, the minimum size for individual parking spaces, excluding accessways for vehicles, shall be nine feet by 18 feet in size, and the minimum size for handicapped-accessible spaces shall be as required by applicable code. Up to 40% of the individual parking spaces provided on a tract within the Existing Student Housing (ESH) Overlay District may be reduced to a minimum size of 7.5 feet by 16 feet, so long as said parking areas are clearly designated as compact spaces.

§ 112-914 Standards and criteria for pub restaurants.

In addition to the standards and criteria set forth in § 112-1008A, pub restaurants shall comply with the standards and criteria of this § 112-914. The Borough Council has made a legislative decision that pub restaurants are permitted in TC Town Center and CS Commercial Service Districts as part of a brewery and as a conditional use in the ID Industrial District as part of a brewery only if the use complies with all of the standards and criteria of this § 112-914. Any proposed use not meeting all of the standards and criteria set forth herein shall not be permitted as a by-right use or conditional use, and any application to the Zoning Hearing Board for a variance required from any specific standard or criteria shall be considered an application for a use variance for the proposed use.

Standards and criteria.

The pub restaurant shall habitually and principally serve food to the public. At all times that alcoholic beverages are being sold or served, the pub restaurant shall be preparing, selling, and serving food.

Unless approved by Council as part of the conditional use decision, the pub restaurant shall not be combined with any other use, including a nightclub, venue for the presentation of live or recorded music, or venue for theatrical, dramatic, comedic or celebrity appearances or performances.

Unless the pub restaurant holds a valid permit as a restaurant-cafe in accordance with Chapter 90A of the Code or as may be permitted by Council resolution from time to time, the service and consumption of alcoholic beverages shall occur inside buildings.

All owners and managers of and servers of alcoholic beverages at the pub restaurant shall successfully complete the Pennsylvania Liquor Control Board Responsible Alcohol Management Program. Written proof thereof shall be provided to the Borough from time to time upon request.

The pub restaurant shall be monitored by video cameras with at a minimum of 24 hours of digital or videotape backup, which shall be made available to the Borough Police Department upon request. The cameras shall be located and continuously maintained along the public sidewalk adjacent to the premises and at all locations of entrances to the premises.

The owner or manager of the pub restaurant shall provide to the Borough the name and contact telephone number of a management individual for the purpose of handling and resolving complaints and problems.

Within 24 hours of receipt, the owner or manager of the pub restaurant shall advise the Borough of any violations of law charged or citation issued by the Pennsylvania Liquor Control Board, the Pennsylvania State Police or other law enforcement agency.

The owners, managers and employees of the pub restaurant shall use reasonable efforts to prevent loitering of customers on the public sidewalk or public areas outside the premises.

The owners, managers and employees of the pub restaurant shall sweep and clear any and all debris on the sidewalk adjacent to the pub restaurant immediately after the business closes each day.

The pub restaurant shall be operated and maintained at all times in compliance with the Pennsylvania Liquor Code,[1] rules and regulations of the Pennsylvania Liquor Control Board, and all applicable federal, state, and local laws, ordinances, rules, and regulations.