The administrative boards specified in this
Administrative Code have been or are hereby established for the proper
and efficient conduct of municipal affairs. The purpose of these boards
is to perform duties of a continuing nature in specific areas as designated
by this Administrative Code, the Home Rule Charter or other ordinances
of the Borough.
A.
The boards designated in the following subsections
have been previously established by ordinance or are established by
this Administrative Code. Additional boards shall, from time to time,
be established by ordinance as deemed necessary by the Borough Council.
However, no additional boards may be created until the Borough Council
has determined that the functions of the proposed board cannot be
feasibly performed by one or more of the existing boards.
B.
Those boards specified as being administrative boards
in this Administrative Code have been or are hereby established within
the requirements of the statutes of the Commonwealth of Pennsylvania
and the laws of the Borough of West Chester. Those boards designated
as administrative boards shall have authority only in the specific
areas of responsibility granted to such boards by the statutes of
the Commonwealth of Pennsylvania, by this Administrative Code, by
the Home Rule Charter or by other ordinances of the Borough.
C.
No administrative board shall have the authority to
spend Borough funds unless provided for in the budget approved by
the Borough Council and unless the expenditure is subsequently approved
by the Borough Manager or a member of the administrative staff authorized
by the Manager. The Manager shall assign employees of the Borough
to serve as liaison to and provide staff services to the boards. No
administrative board shall have the power to enter into contracts
unless otherwise provided by this Administrative Code.
D.
Appointment. The Borough Council shall appoint the
members of administrative boards and commissions. No member of Borough
Council, nor any person holding any other office in the Borough, shall
be appointed as a member of an administrative board or commission.
Appointments to fill vacancies shall be only for the unexpired portion
of the term.
[Amended 1-17-1996 by Ord. No. 3-1996]
E.
Removal. Any member of an administrative board may
be removed prior to the expiration of his/her appointed term by a
majority vote of the Borough Council and in accordance with the laws
of the Commonwealth applicable to such board.
F.
Compensation. No member of any administrative board
shall be compensated for his/her duties.
G.
Indemnification. Each member shall be indemnified
against expenses (including attorney's fees), judgments, fines and
amounts paid in settlement actually and reasonably incurred by him/her
in connection with any adverse action by reason of the fact that he/she
is or was a member if the member acted in good faith and in a manner
he/she reasonably believed to be in the best interests of the Borough
and, with respect to any criminal action or proceeding, had no reasonable
cause to believe his/her conduct was unlawful.
(1)
The termination of any action, suit or proceeding
by judgment, order, settlement, conviction or upon a plea of nolo
contendere or its equivalent shall not of itself create a presumption
that the member did not act in good faith and in a manner which he/she
reasonably believed to be in the best interests of the Borough and,
with respect to any criminal action or proceeding, had reasonable
cause to believe that his/her conduct was unlawful.
(2)
To the extent that the member has been successful
on the merits or otherwise in defense of any adverse action, he/she
shall be indemnified against expenses (including attorney's fees)
actually and reasonably incurred by him/her in connection therewith
as of right.
(3)
In all other instances, indemnification should be
made by the Borough only as authorized in a specific case upon a determination
that the indemnification of the member is proper in the circumstances
because he/she has met the applicable standard of conduct set forth
above. Such determination shall be made by the Borough Council.
(4)
Expenses incurred in defending a civil or criminal
action, suit or proceeding shall be paid by the Borough in advance
of the final disposition of such action, suit or proceeding as authorized
by the Borough Council in a specific case upon receipt of an undertaking
by or on behalf of the member to repay such an amount unless it shall
ultimately be determined that he/she is entitled to be indemnified
by the Borough as provided herein.
(5)
The indemnification provided by this subsection shall
not be deemed exclusive of any other rights to which those seeking
in indemnification may be entitled by any contract or as a right.
(6)
The indemnification shall continue as to such person
who has ceased to be a member and shall inure to the benefit of the
heirs, executors and administrators of such person.
H.
Officers.
(1)
Chairman and Vice Chairman. A Chairman and a Vice
Chairman of each administrative board shall be elected by the members
of each board in January of each year. Each such officer shall serve
a one-year term. The Chairman or, in his/her absence, the Vice Chairman
shall preside at all meetings and hearings of an administrative board,
decide all points of order or procedure and perform any other duties
required by the statutes of the Commonwealth of Pennsylvania or by
the ordinances of the Borough.
(2)
Secretary. The members of each administrative board
shall elect one of their own members to act as Secretary. The Secretary,
elected from the membership, shall serve a one-year term. The Secretary
or his/her designee shall conduct, at the direction of the administrative
board, all official correspondence of the board, shall send out all
notices required by law, shall keep a record of each meeting, examination
or other official action of the administrative board and shall perform
all other duties required by the board, by this Administrative Code,
by the laws of the Commonwealth of Pennsylvania or by the ordinances
of the Borough.
I.
Meetings; procedures for meetings. All meetings and
hearings of administrative boards shall be open to the public unless
otherwise permitted by law.
(1)
Regular meetings of administrative boards shall be
held on a designated day as established at annual organizational meetings.
The first regular meeting in January of each year shall constitute
the annual organizational meeting of administrative boards.
(2)
Special meetings may be held as needed upon the call
of the Chairman or Vice Chairman, provided that appropriate notice
of each meeting is given to each member and to the public in accordance
with the statutes of the Commonwealth of Pennsylvania.
(3)
A quorum shall consist of at least a majority of all
members of the board.
(4)
The Chairman or, in his/her absence, the Vice Chairman
shall administer oaths and may compel the attendance of witnesses
when required by law, in accordance with the provisions of the laws
of the Commonwealth.
(5)
The Secretary or his/her designee shall keep minutes
of the administrative board proceedings, showing the vote of each
member upon each question or, if absent or failing to vote, indicating
such fact.
(6)
A file of all materials and decisions relating to
each case shall be kept by the Secretary or his/her designee as part
of the records of each board.
(7)
All records of administrative boards shall be public
records, unless otherwise permitted by law.
(8)
All meetings of administrative boards shall be conducted
in an orderly fashion and in accordance with the rules delineated
in Robert's Rules of Order where not in conflict with the laws of
the Commonwealth of Pennsylvania, the Home Rule Charter or the Administrative
Code.
J.
Zoning Hearing Board. There shall be in and for the
Borough of West Chester a Zoning Hearing Board as previously created
by the Borough Zoning Ordinance[1] pursuant to the Municipalities Planning Code of the Commonwealth
of Pennsylvania.[2]
K.
Civil Service Commission.
(1)
There shall be in and for the Borough of West Chester
a Civil Service Commission which is hereby established in accord with
the rules and regulations of the Civil Service Commission adopted
by the Borough Council October 21, 1992, as amended, for the following
purposes:
(a)
To advise the Borough Council and the Mayor in the
hiring of all personnel in police officer positions in the Police
Department of the Borough of West Chester.
(b)
To administer or designate any recognized examining
agency to administer examinations to applicants for any police officer
position in the Police Department of the Borough of West Chester.
(c)
To enforce the rules and regulations pertaining to
the examinations for appointment to a police officer position in the
Police Department of the Borough of West Chester.
(d)
To hear appeals pertaining to suspension, dismissal
or reduction in rank of any police officer.
(e)
To conduct all hearings demanded by any West Chester
police officer who has been suspended, dismissed or reduced in rank.
(f)
To issue decisions pertaining to all hearings demanded
by any West Chester police officer who has been suspended, dismissed
or reduced in rank.
(g)
To create and amend as necessary the rules and regulations
for the organization and procedure of the Civil Service Commission.
Such rules and regulations shall be consistent with the ordinances
of the Borough of West Chester, this Administrative Code and the statutes
of the Commonwealth of Pennsylvania. Furthermore, such rules and regulations
shall be approved by the Borough Council.
(2)
The Civil Service Commission shall consist of three
members, each of whom shall be a full-time resident and qualified
elector of the Borough and be appointed by the Borough Council for
a six-year term.
(2.1)
Council may appoint no more than two qualified electors of the Borough to serve as alternate members of the Commission. The term of office of the alternate members shall be six years. An alternate member may participate in any proceeding or discussion of the Commission but may not vote as a member of the Commission unless designated as a voting alternate member pursuant to § 3-37K(2.2).
[Added 6-21-2023 by Ord.
No. 05-2023]
(2.2)
Three members of the Commission shall constitute a quorum. If,
by reason of absence or disqualification of a member a quorum is not
reached, the chair shall designate as many alternate members of the
Commission to sit on the Commission as may be needed to provide a
quorum. An alternate member of the Commission shall continue to serve
on the Commission and all proceedings involving the matter or case
for which the alternate was initially designated until the Commission
has made a final determination of the matter or case. Designation
of alternate members shall be made on a case-by-case basis in rotation
according to declining security among the alternates.
[Added 6-21-2023 by Ord.
No. 05-2023]
(3)
Members of the Civil Service Commission, including
alternate members, shall hold no other office in the Borough.
[Amended 6-21-2023 by Ord. No. 05-2023]
(4)
Before entering upon the discharge of the duties of
his/her office, each member of the Civil Service Commission shall
take an oath or affirmation to perform his/her official duties with
fidelity and to support the Constitution of the United States and
the Constitution of the Commonwealth of Pennsylvania.
(5)
Unless a vacancy occurs, the Borough Council shall
appoint not more than one member to the Civil Service Commission in
any calendar year.
(6)
Should a vacancy occur, the Borough Council shall
appoint a member to fill the vacancy only for the unexpired portion
of the term. Such appointments shall be made within a period of 60
days after such vacancy occurs.
(7)
The Civil Service Commission shall be an administrative
board, and, as such, it shall have authority only in the specific
areas of responsibility granted by the following provisions of this
Administrative Code, by the statutes of the Commonwealth of Pennsylvania,
by the ordinances of the Borough or by the rules and regulations of
the Civil Service Commission.
(8)
The powers and duties of the Civil Service Commission
shall include but not be limited to the following:
(a)
To make and alter such rules and regulations for its
own organization and procedure as are necessary and are consistent
with the ordinances of the Borough, this Administrative Code and the
statutes of the Commonwealth of Pennsylvania. Such rules and regulations
shall be approved by the Borough Council.
(b)
To require a sworn application, giving such information
as the Commission may require, before any person shall be admitted
to an examination for a position of police officer.
(c)
Investigation of the character and reputation of any
applicant. Such investigation shall be conducted by the Police Department
and may include reports of investigations from other recognized agencies.
(d)
To fix the dates for the agility, written and oral
examination of applicants for police officer positions in the Police
Department; to fix the dates and times by which applications must
be received; and to designate the offices and officers that shall
receive such applications. All examinations shall be job-related.
(e)
To examine any applicant who lacks any of the prescribed
qualifications if, in the judgment of the Civil Service Commission,
it can be reasonably presumed that the applicant will acquire the
necessary qualifications prior to the date of a possible certification
from the list of eligibles produced as a result of examination.
(f)
To give public notice, in a newspaper of general circulation,
of the time and place of every entrance-level police officer examination,
together with information as to the position to be filled. The public
notice shall be published and posted in accordance with the rules
and regulations established by the Civil Service Commission. Additional
public notice may be given at any time at the discretion of the Civil
Service Commission.
(g)
To designate, if desired, a recognized examining agency
to act as examiner for the written examination.
(h)
To administer and evaluate the oral examination of
any applicant and to designate, as necessary, qualified persons to
assist in the administration and evaluation of oral examining procedures
and techniques.
(i)
To prepare a statement of instructions and rules for
the conduct of written examinations which the regularly appointed
examiner shall be responsible for enforcing.
(j)
To evaluate the service or performance record of any
applicant and to designate, as necessary, qualified persons to assist
in the evaluation of performance or service records.
(k)
To prepare, at the request of the Borough Council,
a certified list of eligible candidates for appointment as police
officers or for promotion and to certify that list to the Mayor.
(l)
To prepare and maintain a list of all furloughed officers
whenever the Borough Council causes a reduction in the number of police
officers. The names of each furloughed officer on the furlough list
shall be arranged in the order of length of service, from the longest
to the shortest. The furlough list shall also include the position
held by each such officer at the time of furlough.
(m)
To certify to the Mayor, upon request from the Borough
Council, the names of those eligibles who were furloughed because
of a reduction in force. Such certifications shall be made in accordance
with the rules and regulations established by the Civil Service Commission.
(n)
Hearings.
[1]
To grant a hearing to any accused police officer
who has been suspended, dismissed or reduced in rank. Such a hearing
shall be timely granted if such accused person complies with the provisions
pertaining to demand for hearings in the rules and regulations established
by the Civil Service Commission to issue a decision within 30 calendar
days after each hearing. Such decisions shall be issued in the form
of a written order approved by at least two members of the Civil Service
Commission. The written order shall include all findings of fact.
If, during the public hearing, opposing facts are presented, the Commission
shall include in its written order its decision as to the correct
facts.
[2]
The findings and decision of the Commission
shall be certified to any person making charges, to the accused officer,
to the Mayor and to the Borough Council. The decisions of the Civil
Service Commission shall have final administrative and executive authority.
Appeals of such decisions may be made in accordance with the laws
of the Commonwealth of Pennsylvania.[4]
[4]
Editor’s Note: Former Subsection L, Building, Housing
and Fire Codes Appeals Board, which immediately followed this subsection,
was repealed 8-21-2019 by Ord. No. 10-2019.
The advisory boards and commissions specified
in this Administrative Code have been or are hereby established for
the proper and efficient conduct of municipal affairs. The purpose
of these boards is to perform duties of a continuing nature in specific
areas as designated by this Administrative Code, the Home Rule Charter
or other ordinances of the Borough.
A.
The boards and commissions designated in the following
subsections have been previously established by ordinance or are established
by this Administrative Code. Additional boards shall, from time to
time, be established by ordinance as deemed necessary by the Borough
Council. However, no additional boards may be created until the Borough
Council has determined that the functions of the proposed board cannot
be feasibly performed by one or more of the existing boards.
B.
The boards and commissions specified as being advisory
boards or commissions in this Administrative Code have been or are
hereby established within the requirements of the statutes of the
Commonwealth of Pennsylvania and the laws of the Borough of West Chester
to provide advice, guidance and recommendations to the Borough Council.
No advisory board shall perform administrative duties or have executive
authority.
C.
No advisory board or commission shall have the authority
to spend Borough funds unless provided for in the budget, specifically
approved by the Borough Council and subsequently approved by the Borough
Manager or a member of the administrative staff authorized so to do
by the Manager. The Manager shall assign employees of the Borough
to serve as liaison to and provide staff services to the boards and
commissions where necessary. No advisory commissions or boards shall
have the authority to enter into contracts of any nature.
D.
Appointment. The Borough Council shall appoint the
members of advisory boards and commissions. Except for the Community
Campus Committee, no member of Borough Council, nor any person holding
any other office in the Borough, shall be appointed as a member of
an advisory board or commission. Appointments to fill vacancies shall
be only for the unexpired portion of the term."
[Amended 1-17-1996 by Ord. No. 3-1996; 10-20-2021 by Ord. No. 11-2021]
E.
Removal. Any member of an advisory board or commission
may be removed prior to the expiration of his/her appointed term by
the Borough Council and in accordance with the laws of the Commonwealth
of Pennsylvania applicable to such board or commission.
F.
Compensation. No member of any advisory board or commission
shall be compensated for his/ her duties.
G.
Officers.
(1)
A Chairman and a Vice Chairman of each advisory board
or commission shall be elected by the members of each commission or
board in January of each year. Each such officer shall serve a one-year
term. The Chairman or, in his/her absence, the Vice Chairman shall
preside at all meetings of an advisory board or commission, decide
all points of order or procedure and perform any other duties required
by the statutes of the Commonwealth of Pennsylvania or by the ordinances
of the Borough.
(2)
The members of each advisory board and commission
shall elect one of their own members to act as the Secretary. The
Secretary, elected from the membership, shall serve a one-year term.
The Secretary or his/her designee shall conduct, at the direction
of the advisory board or commission, all official correspondence of
the board or commission, shall keep a record of each meeting or other
official action of the board or commission and shall perform all other
duties required by the board or commission by this Administrative
Code, by the statutes of the Commonwealth of Pennsylvania or by the
ordinances of the Borough.
H.
Meetings; procedures for meetings. All meetings and
hearings of advisory boards and commissions shall be open to the public
unless otherwise permitted by law.
(1)
Regular meetings of advisory boards and commissions
shall be held at least once each month on a designated day unless
no matters are pending for consideration.
(2)
Special meetings may be held as needed upon the call
of the Chairman or Vice Chairman, provided that appropriate notice
of each meeting is given to each member and the public in accordance
with the statutes of the Commonwealth of Pennsylvania.
(3)
A quorum shall consist of at least a majority of all
members of the board or commission.
(4)
The Secretary or his/her designee shall keep minutes
of the board's or commission's proceedings, showing the vote of each
member upon each question or, if absent or failing to vote, indicating
such fact.
(5)
A file of all materials and decisions relating to
all official actions of the board or commission shall be kept as part
of the records of each board or commission.
(6)
All official records and files of each board and commission
shall be kept in the Municipal Building and shall be public record
unless otherwise provided by law or regulation.
(7)
All meetings of advisory boards and commissions shall
be conducted in an orderly fashion and in accordance with the rules
delineated in Robert's Rules of Order.
I.
Planning Commission. There shall be in and for the
Borough of West Chester a Planning Commission, as previously created
by Borough ordinance, pursuant to the Municipalities Planning Code
of the Commonwealth of Pennsylvania.[1]
(1)
(2)
The Planning Commission shall consist of seven members,
all of whom shall be full-time residents and qualified electors of
the Borough. Each will be appointed by the Borough Council for a four-year
term.
(3)
The terms of not more than two members shall expire
each year.
(4)
Should a vacancy occur, the Borough Council shall
appoint a member to fill the vacancy only for the unexpired portion
of the term. Such appointments shall be made within a period of 60
days after such vacancy occurs.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
J.
Recreation Commission. There shall be in and for the
Borough of West Chester a Recreation Commission which is hereby established
in accordance with the ordinances of the Borough for the following
purposes and organized as follows:
(1)
The Commission shall make recommendations pertaining
to the development, supervision, maintenance and regulation of public
park and recreation areas and facilities located in the Borough.
(2)
The Commission shall assist in the operation and conduct
of recreation programs and events.
(3)
The Recreation Commission shall consist of up to seven
members, with at least three members being full-time residents of
the Borough and at least two members being property owners in the
Borough who pay real estate taxes.
[Amended 3-15-2000 by Ord. No. 4-2000; 7-17-2013 by Ord. No. 6-2013]
(4)
The terms of not more than three members shall expire
each year. Therefore, unless a vacancy occurs, the Borough Council
shall annually appoint no more than three members to the Recreation
Commission.
(5)
Should a vacancy occur, the Borough Council shall
appoint a member to fill the vacancy only for the unexpired portion
of the term.
(6)
The Recreation Commission shall be only advisory in
nature and shall perform no administrative duties. Its duties shall
include but not be limited to the following:
(a)
To act in an advisory capacity to the Borough Council
in matters relating to parks, recreation and open space.
(b)
To work with the Director of Recreation in reviewing
and developing policy matters for recreation programs and facilities.
(c)
To cooperate with other governmental agencies and
civic groups in the advancement of parks and recreation in the Borough.
(d)
To recommend policies pertaining to all municipal
park and recreation matters within the Borough.
(e)
To review and make recommendations, with the Director
of Recreation, the Borough Manager and the Borough Council, concerning
development of recreation areas, facilities, programs and improved
recreation services.
(f)
To make recommendations concerning a comprehensive
system of recreation and park areas, facilities and programs to meet
the needs of Borough residents.
(g)
To define the objectives of public park and recreation
services and to recommend plans and general policies harmonizing with
them.
(h)
To inform the Borough Council as to the status and
progress of recreation and park services.
(i)
To promote stability and continuity of park and recreation
services.
(j)
To evaluate annually the park and recreation system
in the community in relation to its objectives.
(k)
To submit an annual report to the Borough Council
as deemed necessary.
K.
Library Board. There shall be in and for the Borough
of West Chester a Library Board which is hereby established in accordance
with the Borough ordinances and the State Library Code for the following
purposes and organized as follows:
(1)
The Board shall serve as Trustees for the West Chester
Public Library as established.
(2)
The Library Board shall consist of 13 regular members, a majority
of which shall be full-time residents and qualified electors of the
Borough and be appointed by the Borough Council for three-year terms.
[Amended 3-19-2008 by Ord. No. 5-2008; 8-21-2019 by Ord. No. 10-2019]
(3)
Regular members of the Library Board shall hold no other office in
the Borough. If a vacancy occurs, the Borough Council shall annually
appoint no more than four regular members to the Library Board.
[Amended 3-19-2008 by Ord. No. 5-2008]
(4)
Should a vacancy occur, the Borough Council shall
appoint a member to fill the vacancy only for the unexpired portion
of the term.
(5)
The Library Board shall have only those duties set
forth as permitted by the State Library Code.
L.
Historic Architectural Review Board (HARB). There shall be in and for the Borough of West Chester a Historic Architectural Review Board which is hereby established in accord with the West Chester Zoning Ordinance, Chapter 112, Zoning, Article XI, of the West Chester Code of Ordinances.
(1)
The powers and duties of the HARB shall be only as
prescribed in § 112-56 of the West Chester Code of Ordinances.
(2)
The HARB shall consist of not fewer than seven members,
one of whom shall be a registered architect, one a licensed real estate
broker, one a member of the Borough Planning Commission and one a
Building Inspector, and the remaining members shall have a knowledge
of and an interest in historic preservation and preservation of the
West Chester Historic District. A majority of the members shall be
full-time residents and qualified electors of the Borough. Each will
be appointed by the Borough Council for a three-year term.
(3)
Should a vacancy occur, the Borough Council shall
appoint a member to fill a vacancy only for the unexpired portion
of the term.
M.
Ad hoc boards.
(1)
Ad hoc boards may be established as deemed necessary
by the Borough Council in accordance with the requirements of the
ordinances of the Borough and this Administrative Code. Such boards
shall be created only for specific and temporary purposes. The exact
purpose of such boards shall be specified at the time each ad hoc
board is created.
(2)
All ad hoc boards shall be advisory boards and, as
such, they shall be advisory in nature and shall perform no administrative
duties. Ad hoc boards shall have the authority and responsibility
to seek findings of fact, express opinions or make recommendations
in the specific areas of responsibility granted to such boards at
the time of their establishment.
N.
Tree
Commission. There shall be in and for the Borough of West Chester
a Tree Commission that is hereby established in accordance with the
ordinances of the Borough. The Tree Commission shall be advisory in
nature and shall perform no administrative duties.
[Added 8-20-2003 by Ord.
No. 18-2003; amended 10-19-2016 by Ord. No. 12-2016]
(1)
The duties of the Tree Commission shall include, but not be limited
to, the following:
(a)
In advance of its formal review, the Planning Commission shall forward
all subdivision and land development plans to the Tree Commission
for review of all matters relating to landscaping, including trees
- both public and private trees. Plans forwarded to the Tree Commission
should include any and all detailed landscape plans which are required
to be submitted as part of any subdivision and land development process.
The Tree Commission shall review plans for compliance with Borough
regulations and ordinances pertaining to trees and landscaping, and
shall offer further recommendations for matters relating to public
and private trees, including, but not limited to, advice for proper
tree species selection, tree management, tree preservation, vegetative
buffer and related shrubbery. The Tree Commission shall submit any
suggested plan modifications and/or review comments to the Planning
Commission prior to the Planning Commission completing its formal
review of the subdivision and land development plans.
(b)
Act in an advisory capacity to Borough Council in all matters relating
to trees, and the Borough's overall tree canopy.
(c)
Work in conjunction with the Urban Forester, and as necessary, the Director of Public Works, to review, develop and recommend to Borough Council certain policies, ordinances (including amendments to or implementation of the Borough's Tree Ordinance found at Chapter 102), and programs for tree planting, care, treatment, preservation, condemnation, and overall management of the Borough's public trees.
(d)
Work in conjunction with the Urban Forester to provide education
and outreach programs to the citizens of the Borough, public officials
and employees, and the development community concerning trees, the
urban forest, all Borough ordinances and regulations relating to tree
matters, tree programs, and other related topics.
(e)
Make recommendations concerning a comprehensive tree program
that aims to preserve, revitalize, and expand the Borough's entire
tree canopy, which includes public trees and private trees.
(f)
Cooperate with other governmental agencies and civic groups
to advance the preservation and restoration of the Borough's tree
canopy.
(g)
Submit an annual report to Borough Council, and inform Borough
Council of the progress and status of the Tree Commission's work on
an as-needed basis.
(h)
Participate in fundraising activities where the proceeds shall
be used to promote the Borough's tree program.
(2)
The Tree Commission shall be organized as follows:
(a)
The Commission shall consist of up to seven members, a majority of
whom shall be full-time residents and qualified electors of the Borough.
The members shall be appointed to serve a three-year term. At least
one member of the Commission shall have certification, professional
credentialing, formal education and/or substantive experience in the
fields of arboriculture, horticulture, or landscape architecture.
[Amended 5-17-2023 by Ord. No. 04-2023]
(b)
Should a vacancy occur, Borough Council shall appoint a member to
fill the vacancy only for the unexpired portion of the term.
(c)
The Commission shall establish its own agenda and meeting schedule
and shall meet as needed to perform the functions authorized herein.
O.
West Chester Citizens Financial Advisory Ad-Hoc Committee. Pursuant to the authority in § 3-38A, there is hereby reestablished for the Borough of West Chester an ad-hoc committee known as the "Citizens Financial Advisory Ad-Hoc Committee" which shall be organized for the purposes hereinafter set forth.
[Added 5-25-2011 by Ord. No. 9-2011; amended 6-16-2020 by Ord. No. 03-2020]
(1)
The Committee shall consist of not less than five members appointed
by the Borough Council. All members of the Committee shall be residents
of the Borough of West Chester.
(2)
The term of this Committee shall commence on June 1, 2020 and continue
until further resolution of Borough Council that terminates the Commission.
(3)
The purpose of the Committee is as follows:
(a)
To examine all processes, procedures, services, and systems
of the Borough of West Chester to reduce/avoid expenditures.
(b)
To examine all processes, procedures, services, and systems
of the Borough of West Chester to suggest efficiencies in operation.
(c)
To identify any possible new or enhanced revenue sources.
(d)
To suggest methods to optimize Borough assets.
(e)
To examine actual and estimated revenues and expenditures of
the Borough in light of the COVID-19 pandemic.
(4)
The Committee shall make progress reports to Borough Council at regular
intervals but not less than once every other monthly, either by submission
of a written report sent to Council members or by a Committee member
presenting an oral report at a regular Council work session.
P.
Sustainability Advisory Ad-Hoc Committee. Pursuant to the authority in § 3-38A, there is hereby established for the Borough of West Chester an ad-hoc Committee known as the "Sustainability Advisory Committee" which shall be organized for the purposes hereinafter set forth.
[Added 11-17-2015 by Ord.
No. 16-2015[4]]
(1)
The term of this Committee shall commence on January 1, 2016, and
continue until Borough Council elects to abolish the same.
(2)
The Committee shall consist of a minimum of five and maximum of seven
members appointed by Borough Council. A majority of the members of
the Committee shall be residents of the Borough of West Chester, with
no more than two non-resident members.
(3)
Council shall appoint three members of the Committee who shall serve
a two-year term.
[Amended 9-18-2019 by Ord. No. 14-2019]
(4)
The mission statement of the Committee is as follows: to increase
collaboration between Borough departments on issues regarding the
economic vitality and environmental sustainability of West Chester
Borough. The Committee seeks to develop initiatives aimed at increasing
Borough staff knowledge, developing community partnerships, and fostering
sustainable best management practices.
(5)
The responsibilities of the Committee will include, but are not limited
to, developing policies in order to implement practices and achieve
goals related to sustainable practices and initiatives and making
recommendations to Borough Council on these practices and ways these
goals can be achieved. In addition, the Committee will be responsible
for reviewing land development plans to offer suggestions for implementation
of green infrastructure and to promote the goals of sustainable practices.
The Committee will report to the Public Works, Recreation and Wastewater
Committee when necessary.
[4]
Editor's Note: This ordinance also provided for the repeal
of former Subsection P, Borough Leaders United for Emissions Reduction
("BLUER") Advisory Ad-Hoc Committee, added 9-21-2011 by Ord. No. 17-2011.
Q.
Committee to Reestablish Rail Service to West Chester. Pursuant to the authority in § 3-38A, there is hereby established for the Borough of West Chester an ad-hoc committee known as the "Committee to Reestablish Rail Service to West Chester," which shall be organized for the purposes hereinafter set forth.
[Added 3-19-2014 by Ord. No. 2-2014]
(1)
The term of this Committee shall commence on the effective date of
this section and shall terminate on a date established by resolution
or motion of Council.
(2)
The Committee shall consist of a minimum of seven members appointment
by a majority of the Borough Council. A majority of the Council may
from time to time change the number of members on the Committee, but
such change shall occur no more than once every calendar year. Not
less than three members of the Committee shall be residents of the
Borough of West Chester.
[Amended 6-16-2020 by Ord. No. 04-2020]
(3)
The purpose of the Committee is to cause, as soon as possible, the
reestablishment of rail service to West Chester through the following
activities:
(a)
Compiling on a continuing basis as much information and data
on the issues relating to the return of rail service as is necessary
to obtain that goal.
(b)
Preparing a history of the rail line most recently designated
the "R3" from its beginning through its discontinuance in the 1980s
and the efforts and circumstances since then concerning reestablishment
of the service.
(c)
Ascertaining and promptly advising Council of county, state,
regional, national and private plans, actions, meetings, hearings,
conferences and the like, as they develop, that have or may have a
bearing on the return of rail service.
(d)
Ascertaining what groups, organizations, individuals and the
like that are, or are likely to become, allied in securing reestablishment
of rail service to West Chester and contacting and interacting with
such individuals and entities at the direction of Council.
(e)
Attending and/or participating in activities and gatherings,
at the request of Council, in furtherance of reestablishing rail service.
(f)
Serving as advocates for the return of rail service at events
and forums at the direction of Council.
(g)
Recommending to Council publicity and public outreach activities
designed to increase widespread public support for the reestablishment
of rail service and to engage in such activities at the direction
of Council.
(h)
Advising Council, on an ongoing basis, of actions that Council
might take to achieve to goal of reestablishing rail service.
(i)
Other activities that Council may from time to time assign.
(4)
The Committee shall report to Borough Council annually, or at any
time as requested by Council, either by submission of a written report
sent to Council members or by a Committee member or members presenting
an oral report at a meeting of Council or a Council committee.
R.
Historical Commission. There shall be in and for the Borough of West
Chester a Historical Commission.
[Added 7-19-2017 by Ord.
No. 10-2017]
(1)
Mission. It shall be the mission of the Historical Commission to
foster awareness and appreciation of the Borough of West Chester's
heritage as expressed through its people, culture, institutions, and
architecture; to identify and advocate for the preservation of historic
resources, particularly those threatened by neglect and demolition;
and to provide information and advice to the public, Borough, county,
and commonwealth. The Historical Commission's mission will complement
the duties and mission of the Historic Architecture Review Board ("HARB")
within the local HARB district.
(2)
Responsibilities. The Commission shall serve in an advisory capacity
for historic preservation and to foster a community appreciation for
the historic resources within the Borough. To accomplish this purpose,
the Commission shall:
(a)
Advise the Borough Council in all matters pertaining to historic
resources;
(b)
Implement the West Chester Comprehensive Historic Preservation
Plan of 2011;
(c)
Maintain an inventory and archive of the Borough's historic
resources by gathering documentary evidence, illustrations, photographs
and other appropriate materials;
(d)
Conduct educational programs and prepare publications with respect
to historic resources;
(e)
Act as an historical resource in cooperation with other Borough
boards and committees;
(f)
Develop relationships and liaise with preservation organizations,
government agencies, and community groups;
(g)
Solicit gifts, grants, and money as appropriate for the purposes
of the Commission;
(h)
As directed by Borough Council, represent the community on preservation
matters at the regional, state, and national levels;
(i)
Prepare and submit a yearly report and budget to the Borough
Council for sums deemed necessary to carry out the responsibilities
of the Commission.
(3)
Membership and terms of office. The membership of the Historical
Commission shall:
(a)
Consist of a minimum of nine members, all appointed by the Borough
Council.
(b)
Each member shall serve a three-year term of office, except
for the initial term, which for four members shall be two years, and
for five members three years.
(c)
A majority of Commission members must be residents of the Borough.
(d)
Elect a Chair and Vice Chair, who shall be elected annually
from amongst and by the members of the Commission.
(e)
Elect a Secretary, who shall be elected by the members but need
not be a member of the Commission.
(f)
Serve without compensation, but may be reimbursed for expenses
necessary to conduct the responsibilities of the Commission when authorized
by the Borough Council.
(4)
Vacancy. A vacancy on the Commission shall be filled by appointment
by the Borough Council for the unexpired term. The Commission may
make recommendations for appointees to the Borough Council for unfulfilled
terms and for full terms. The Commission may have the right to establish
appropriate committees to assist with research, to lend expertise,
and to perform other duties as assigned by the Commission. Each committee
shall be chaired by a member of the Historical Commission.
(5)
Meetings. Meetings shall be held at intervals deemed appropriate
by the Commission. The Commission shall keep records of its meetings
and activities and submit periodic reports to the Borough Council.
(6)
In order to carry out its responsibilities, the Historical Commission
may, with the prior consent of the Borough Council, utilize any funds,
personnel, or other assistance made available by the Borough, county,
the commonwealth, or federal government, or any of their agencies,
or from private sources. The Borough Council may enter into agreements
or contracts regarding the acceptance or utilization of the funds
or assistance in accordance with Borough procedures. The Borough of
West Chester Historical Commission shall submit a proposed budget
to the Borough Council during the regular Borough budget process.
S.
Public Arts Commission. There shall be in and for the Borough of
West Chester a Public Arts Commission.
[Added 8-16-2017 by Ord.
No. 13-2017]
(1)
Mission. It shall be the mission of the Public Arts Commission ("Commission"
or "PAC") to provide guidance, advocacy, and leadership to support
the reach and impact of public art. The Commission shall promote the
arts, culture, and creative identity of the Borough of West Chester
and is intended to assess and evaluate the merits of applications
for the creation of public art, while advising the Borough Council
on the same.
(2)
MURAL
PUBLIC ART
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
An original work of art painted on or affixed to an exterior
wall, fence or any other surface which can be seen from the public
right-of-way and whose purpose is beautification. A mural may not
serve any promotional purpose, such as advertisement of any product,
service, business, religious or political organization.
Art in any medium, including, but not limited to, murals,
sculptures, and live performances, that is planned and executed with
the intention of being staged in the physical, public domain and whose
purpose is to have a positive impact on the community. Public art
includes art on both public and private property but generally accessible
by all.
(3)
Responsibilities. The Commission shall serve in an advisory capacity
for the preservation and promotion of arts, culture, and creative
identity within the Borough of West Chester. To accomplish this purpose,
the Commission shall:
(b)
Advise the Borough Council in all matters pertaining to applications
for the creation, preservation, alteration or removal of public art.
(c)
Advise prospective applicants on the process of obtaining a
permit for the creation of public art.
(d)
Help guide applicants through the Borough's permitting process
for the creation of public art.
(e)
Meet on an as-needed basis to review permit applications for
the creation, preservation, alteration or removal of public art in
the Borough.
(f)
Make recommendations to Borough staff and the Council regarding
the Commission's review, evaluation, and assessment of each public
art application.
(g)
For applications received regarding public art in the Historic
District (as established in Article XI of the Borough's Zoning Ordinance,
§§ 112-50 through 112-62), obtain an HARB opinion prior
to making recommendations to Borough staff and/or Council.
(h)
Following the grant of approval by Council, facilitate the execution
of any contractual arrangements and/or agreements between the parties
involved in the public arts project.
(i)
As deemed necessary by the Commission and/or Borough, oversee
the creation, preservation, alteration or removal of public art, as
approved by the Borough Council.
(j)
Serve as an artistic, cultural, and/or creative resource in
cooperation with other Borough boards and committees.
(k)
Develop relationships and liaise with preservation organizations,
government agencies, and community groups.
(l)
Solicit gifts, grants, and money as appropriate and proper for
the purposes of the Commission.
(m)
As directed by Borough Council, represent the community on artistic
and/or cultural matters at the regional, state, and national levels.
(n)
Prepare and submit an annual report and budget to Borough Council
for monetary sums deemed necessary to carry out the responsibilities
and objectives of the Commission, as applicable.
(4)
Membership and terms of office. The membership of the Public Arts
Commission shall:
(a)
Consist of a minimum of seven members, all of whom shall be
appointed by the Borough Council.
(b)
Serve a three-year term of office, except for the initial term,
in which four members shall serve three-year terms, and three members
shall serve two-year terms.
(c)
Consist of a majority of Borough residents.
(d)
Be comprised of a minimum of two artists. For purposes of this
requirement, the term "artist" shall be defined as: a person engaged
in an activity or activities related to creating art, practicing the
arts, or demonstrating an art, who make their primary living through
such artistic endeavor(s).
(e)
Be comprised of a minimum of one professional, licensed architect
or certified urban planner.
(f)
Elect a Chair and Vice Chair who shall be elected annually from
amongst and by the members of the Commission.
(g)
Elect a Secretary, who shall be elected by the members of the
Commission but need not be an appointed member of the Commission.
(h)
Serve without compensation, but may be reimbursed for expenses
necessary to conduct the duties and responsibilities of the Commission,
when authorized by Borough Council.
(5)
Vacancy. A vacancy on the Commission shall be filled by appointment
by Borough Council for the unexpired term. The Commission may make
recommendations for appointees to the Borough Council for unfulfilled
terms and for full terms. The Commission may have the right to establish
appropriate committees to assist with research, to lend expertise,
and to perform other duties as assigned by the Commission. Each committee
shall be chaired by a member of the Public Arts Commission.
(6)
Meetings. Meetings shall be held as-needed and/or at intervals deemed
appropriate by the Commission. The Commission shall keep records of
its meetings and activities and submit periodic reports to Borough
Council, as deemed necessary and requested by the Council.
(7)
In order to carry out its responsibilities, the Public Arts Commission
may, with the prior consent of Borough Council, utilize any funds,
personnel or other assistance made available by the Borough, County,
the Commonwealth, or federal government, or any of their agencies,
or from private sources. Borough Council may enter into agreements
or contracts regarding the acceptance or utilization of the funds
or assistance in accordance with Borough procedures. The Borough of
West Chester Public Arts Commission shall submit a proposed budget
to the Borough Council during the regular Borough budget process.
T.
Community Campus Committee. Pursuant to the authority in § 3-38A, there is hereby established for the Borough of West Chester an Advisory Committee known as the "Community Campus Committee" which shall be organized for the purposes hereinafter set forth.
[Added 10-20-2021 by Ord. No. 11-2021]
(1)
Mission.
The purpose of the Community Campus Committee is to promote and increase
communication and collaboration between Borough of West Chester community
leaders and residents and West Chester University officials and students
on issues that affect health, safety, and quality of life for the
campus and Borough community.
(2)
Responsibilities
of Committee. The Committee shall serve in an advisory capacity to
Borough Council and to West Chester University administration and
shall perform the following duties:
(a)
Partner
in community engagement and conduct regular meetings with Borough
and University community members to discuss issues and concerns about
University activities, events, policies and affairs.
(b)
Promote
and encourage cooperation and planning for University events that
will have an impact on Borough residents, such as move in and move
out days, homecoming, graduation and other functions or events that
impact the residents of the Borough in and around the University Campus.
(c)
Develop
and foster relationships and liaise with leaders and committees of
the Borough and University.
(d)
Identify
issues of mutual concern to the Borough and University while maintaining
open and transparent communications with all relevant parties and
departments within both the Borough and the University.
(e)
Initiate
solutions for issues or problems that impact the quality of life for
Borough residents.
(f)
Provide
reports to Borough Council on the activities and accomplishments of
the Committee either by submission of a written report sent to Council
members or by a Committee member presenting an oral report at Council
meetings. The Committee shall submit at least one report per University
semester to Borough Council.
(3)
Membership
and terms of office.
(a)
The
Committee shall consist of 10 members representing the Borough (the
"Borough members"). The Borough members shall consist of the following:
[1]
The West Chester Borough Mayor;
[2]
A representative from the West Chester Borough Police Department
who is selected by the Mayor;
[3]
A member of Borough Council's Public Safety, Events and Quality of
Life Committee who is selected by Council;
[4]
A Borough resident from the 2W and 4th Wards who is appointed by
Borough Council;
[5]
Two at-large Borough residents who are appointed by Council;
[6]
A member of the West Chester Apartment Housing Association or a property
owner in the Borough who owns student rental units who is appointed
by Council;
[7]
A member of the West Chester Restaurant Association or a business
owner in the Borough who owns an establishment with a liquor license
who is appointed by Council; and
[8]
The Director of the Department of Building, Housing and Code Enforcement.
(b)
In
addition to the members appointed by Council, the Committee shall
include 10 representatives from West Chester University (the "University
members") who shall be selected by the University and represent various
departments selected by the University administration such as the
following:
(c)
Borough
Council shall appoint the Borough members to serve on the Committee
at the reorganizational meeting of Council held in January of 2022.
The University administration shall appoint the University members
to serve on the Committee on or before January 1, 2022. Members shall
be appointed to serve a three-year term except for the initial terms
which shall be staggered so that the terms of at least three members
shall expire every year.
(d)
The
first term of the Committee shall commence on January 1, 2022, and
continue until Borough Council elects to abolish the same.
(4)
The
Committee shall have Co-Chairpersons. One Chairperson shall represent
the Borough members and be selected by the Borough members of the
Committee. The second Chairperson shall represent the University members
and be selected by the University members of the Committee.
(5)
Vacancy.
A vacancy on the Committee shall be filled in the same manner as the
original appointment by the Borough Council for Borough members and
by the University for University members.
