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REVITALIZATION

PLAN

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2016.

Borough of Parkesburg

Chester Counlty) Pennsylvania

2016

URBAN CENTER

REVITALIZATION PLAN

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***** BOROUGH OF PARKESBURG

CHESTER COUNTY

PENNSYLVANIA

*****

Prepared by The Grafton Association P.O. Box 589

Unionvil)e, PA 19375 610-869-8181

2016

URBAN CENTER

REVITALIZATION PLAN

***** BOROUGH OF PARKESBURG

CHESTER COUNTY

PENNSYLVANIA

Mayor *****

John P. Hagan, II

Borough Council

Borough Manager

President Kathleen Rick Vice President Melinda Keen

MarkAgen Willard Marsh Charles Persch Joseph Dynesko Sharon Wolf

L. James Thomas

Planning Commission Chairman Joseph Reali David Bashore Willard Marsh Charles Vail

Prepared by The Grafton Association P.O. Box 589

Unionville, PA 19375

610-869-19375

2016

Revitalization Committee

Jack Assetto

Fred Gunther

John P. Hagan

Mark Harman

Michael Martorana

Rocco Pirozzi

Kathy Rick

James Thomas

Dennis Young

Consultant

The Grafton Association

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PARKESBURG BOROUGH

Urban Center Revitalization Plan

Chapter I Introduction

Parkesburg Borough has chosen to prepare and adopt this Revitalization Plan, as an update to the Urban Center Revitalization Plan, 2003, and again in 2009, in an effort to focus attention on issues within the Borough that need change. The Plan Update is an outgrowth of the Comprehensive Plan adopted in 2002, which was designed to provide management policies for future growth. The Comprehensive Plan was formulated around goals and objectives developed by the community and implementation measures that address each area of concern. This Revitalization Plan Update addresses Borough issues on a far more detailed basis and culminates with defined Action Plans that will accomplish the goals. The development of the Revitalization Plan Update, hereafter referred to as the Plan, serves as a basis to secure potential funding of revitalization capital projects, from State and County agencies and encourages private investment.

Parkesburg is a borough in western Chester County, Pennsylvania, having a population of approximately 3750 individuals. Unlike many older Boroughs, Parkesburg has continued to have population growth over the decades. Additionally, the Borough is acutely aware of the significant number of approved and pending subdivision and land development plans that will further add to the population number when the 2020 Census is completed. Borough officials believe that population projections by County and State agencies will be surpassed by the year 2020. The Borough is a typical small town, having many of the attributes and deficiencies of a small urban center surrounded by a suburban area. Land use within the Borough encompasses commercial, industrial, office, institutional, recreational, agricultural, multi-family and single family residential development. The Borough is approximately square in shape and comprises 1.889 square miles, or 1209 acres.

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The area is bisected by the east-west oriented railroad lines of Amtrak. Route 10 passes through the Borough in a north-south orientation and Route 372 does the same east-west.

From a development perspective, the Borough is approximately 70% developed, with several significant areas remaining undeveloped, including one farm. It is envisioned that the Borough will be losing much of the currently vacant land to development in the next five to ten years as approved and pending developments are constructed. Parkesburg has grown from a crossroads village over several centuries to its present size. Population growth has followed trends in industrial activity, related to the railroad, over much of its history. Today, industrial business activity has diminished and the Borough is less reliant on local employment and services, with the mobility of residents linking the area to its surroundings. The Borough is primarily a residential community, with a core area of service businesses and institutions. The railroad is a presence in the town, with an Amtrak station located near Culvert Street. The residential component of the Borough encompasses all forms of housing, from multi-family apartment buildings to single family detached houses on landscaped lots.

While the Borough has been undergoing a transformation with 600- 700 dwelling units currently anticipated within the corporate limits, the influence of the Borough, not only as a residential center but also as a community center, has increased primarily because of its geographical location. Parkesburg is located in close proximitY to major highways and rail facilities. As a result the Borough links the two forms of transportation within the West Chester-Lancaster corridor.

The need for a Revitalization Plan was first realized during the preparation of the Comprehensive Plan and was discussed within it. It was clear that there were sufficient issues within the Borough regarding infrastructure, transportation, business retention and promotion, open space and streetscapes and a more detailed plan was warranted. Preparation of subsequent Revitalization Plans were commenced after the adoption of the Comprehensive Plan and can be seen as a continuation of that planning effort. In fact, it was

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recognized that the 2003 Revitalization Plan would become a component of the Borough's Comprehensive Plan. Similarly, the 2009 Revitalization Plan Update, undertaken to reflect changed conditions in the borough, including revitalization projects that have been completed. This update further recognizes the anticipated issues around the future of the train station, parking needs in the community and the need for revitalization of our commercial areas. Additional focus, however, now also focuses on dilapidation and vacancy concerns.

Members of the community and Borough Council have served as a Task Force during the preparation of the Comprehensive Plan, the 2003 and 2009 Revitalization Plan and this Revitalization Plan Update.

The intent of the Revitalization Plan is to explore issues and concerns within the Borough community, within the context of the establishment of goals for the future. The product of the effort is to be a series of Action Plans made up of specific and detailed projects that have been found to be of priority, have detailed descriptions, cost estimates, timing projections and responsible parties. Following the adoption of the Plan by the Borough Council and review by the Chester County Planning Commission, the projects become eligible for State and County infrastructure grant funding. The projects within the Revitalization Plan have been prioritized by the Task Force with the understanding that they will not be accomplished at one time, but over a period of time as funding, and the ability of the Borough to manage them occurs.

The following three figures provide a geographical context for Parkesburg. Figure 1.1, Chester County Location Map, locates the Borough in the western sector of Chester County, close to Lancaster County. Figure 1.2, Local Region, illustrates the abutting municipalities and major transportation routes. Figure 1.3, Borough Parcel Map, shows the current configuration of developed parcels and the several remaining larger parcels in the eastern area of the Borough.

Berks County

Lancaster County

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2016 Revitalization Plan

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PARKESBURG BOROUGH CHESTER COUNTY, PENNSYLVANIA


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. R KESBUR9 BOROUGH. CHESTER COUNTY, PENNSYLVANIA

2016 Revitaiization Plari ·

BOROUGH

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Regional Setting and Historic Perspective

An understanding of a community's regional setting is important to the planning process insofar as it identifies the external factors that influence the character and land use patterns of that community. Regional relationships include social and economic ties as well as the provision of municipal services such as schools, transportation, water and sewer service, police and fire protection, and emergency medical services. The proximity of Parkesburg Borough to other urban centers, major transportation corridors and public facilities and services influences, to a great degree, the nature and rate of growth and development that affects the Borough. The purpose of this section is to identify the historical factors and key regional relationships that influence Parkesburg and to determine the implications of these relationships for the planning of the future of the Borough.

Geographic Setting

Parkesburg Borough is situated in the west central area of Chester County, approximately five miles west of Coatesville and three miles east of Atglen. Locally. It is southwest of Sadsbury Township, with Highland Township to the south, and West Sadsbury to the west and north. The Borough, like all of Chester County, is in the Philadelphia Metropolitan Statistical Area (MSA) that includes in addition the Pennsylvania counties of Bucks, Delaware, Montgomery and Philadelphia and the New Jersey counties of Burlington, Camden and Gloucester., The largest metropolitan area within about a 45-minute drive is Lancaster, in Lancaster County to the west of Route 30.

Regionally, Parkesburg is considered one of the participating municipalities of the Octorara Area, the western most regional planning component of Chester County. The Octorara Area is one of many regional planning districts in the Octorara Creek. Besides Parkesburg, it is made up of Atglen Borough, Highland Township, Londonderry Township, West Fallowfield Township, and Sadsbury Township. These municipalities are all located within the Octorara

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School District and comprise 59.4 square miles. See Figure 14, the Chester County Location Map.

Regional Access

Parkesburg is located at the intersection of Routes 10 and 372. Route 10, aligned north- south, connects New Morgan Borough in Berks County to the north and Oxford, Chester County, to the south. Route 372, aligned east- west, connects Atglen to the west to Coatesville to the east. While the crossing of these two roads partially explains the inception of Parkesburg, the presence of the now Amtrak Railroad and a station, paralleling Route 372, has further encouraged the concentration of employment and housing. The two most significant highways in the region are US Route 30 and Route 41. US Route 30 is a major arterial which generally runs east - west across the state and in southwest Pennsylvania connecting such cities as Lancaster, Coatesville, Malvern and Philadelphia. Route 41 is also a major arterial aligned northwest southeast, connecting Wilmington, DE to the village of Gap, east of Lancaster. All of these roads including the railroad, provide ready access to regional destinations and to some degree have been instrumental in the establishment of Parkesburg. See Figure 1.2, the Local Region Map.

Historic Perspective

The Borough of Parkesburg was formally incorporated as a "borough" in 1872. It was originally part of the southwest corner of Sadsbury Township, which had been organized in 1717. The original village began at the junction of the Octorara Trail, Nanticoke Trail and the Strasburg Road, which all met near a fork in a branch of the Little Buck Run. The two Indian trails generally followed the routes of the current Route 10 and Limestone Road. Eventually, Parkesburg would encompass all sides of the intersection, as well as all sides of the fork of the Little Buck Run.

The first European settlers in the area were the Quakers, who were soon followed by the Scottish-Irish Presbyterians. The Scottish Irish are assumed to have landed at New Castle, Delaware and

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traveled up Gap-New-port Pike (now Route 41). By1720 they· had built the "Sadsbury Church", which was later renamed the "Octorara Church". In the ensuing years this church sponsored 17 other Presbyterian churches in both Chester and Lancaster Counties. The church is now located about one mile north of Parkesburg proper. Another early stru.cture, the "Fountain Inn" (c. 1734), was originally built as a house along Strasburg Road and for many years served as a tavern and stopover for travelers journeying between Lancaster and Philadelphia.

Joseph Parke first purchased land in Sadsbury Township in1774. His son, John G. Parke, is considered the founder of Parkesburg. By the early 1800's, the Parke family had managed to purchase most of the area that is now Parkesburg. The first significant gro-wth of the village began with the establishment of the "Fountain Inn" post office on Aprill4, 1830. In 1836, the name of the village was officially changed to "Parkesburg."

When the Philadelphia and Columbia Railroad came to Parkesburg in 1831, track was laid through the Parke farm. When the Parkes were unable to get what they considered to be just compensation from the railroad, the railroad decided to build the 1'ailway repair shops in Parkesburg as additional compensation. Centrally located, the "State Shops" were erected in 1836 on ground donated by the· Parkes and not far from the Fountain Inn. In donating the ground, the Parkes had hopes to establish an industrial town similar to those found in Europe. Standardization reportedly received initial support here vrhen the local mechanics advocated the use of standardized bolts and parts, which greatly simplified their work in repairing the small Baldwin locoxnotives.

The State Shops were moved to Altoona in 1861, as a more central location for the rail line, now known as the Pennsylvania Railroad. The Parkesburg shop buildings became livestock stables ar1d, from 1869 to 1872, served as a print shop. In 1872, residents ar1d businessmen begar1 circulating a petition requesting the Commonwealth of Pennsylvania to incorporate the village into a borough. Their request was granted aJJ.d Parkesburg became an incorporated borough on March 1, 1872. Over the years many

1-7

descendants of the original Parke family have held distinguished positions in the community.

Also in 1872, work began on the Beale Iron plant, eventually thriving as a manufacturer of iron parts, primarily tubes used in steam locomotives and ships. This successful enterprise proved to be a stimulus to the establishment of Parkesburg. Beale took on a partner, William H. Gibbons, and the plant became known as the Horace A. Beale and Company Iron Plant. The plant continued to grow over the next ten years and was incorporated as the Parkesburg Iron Company (FICO) on January 13, 1882.

Horace A. Beale, Jr. had interests in addition to the iron plant that created some recognition for Parkesburg. He was very interested in sports and developed the Parkesburg Race Track for harness racing. Following an injury from racing his own stable of horses, he pursued an interest in basketball and baseball. Soon after World War I he built FICO Hall, for a Parkesburg basketball team. The extremely successful semi-professional team ended a two year life span with a 71-2 record. Beale also built at the same time FICO Field, for a semi-professional baseball team. The FICO Nine, as it was known, was well known in the region, competing successfully with professional teams of the time.

Transportation has always been important to the borough, starting with the Strasburg Road and continuing with the railroad. In 1903, when a trolley line was proposed to serve the town, local Main Street merchants resisted, fearing the noise would scare horses at the fountain and encourage customers to shop in Coatesville. The trolley compromised by establishing a route through a predominantly residential area of Parkesburg, now known as First Avenue. The trolley proved so popular that an extension was built west to Lancaster in 1909.

The major employer in Parkesburg had been FICO for many years, but its growth was to be halted in the early part of the 20th century. In 1907 the company's primary customer for iron boiler tubes, the National Tube Company switched to the manufacture of steel tubes. Beale and the company decided to remain with the more expensive

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iron tubing since it was considered to be of superior quality. In

1926 PICO closed permanently. The Great Depression had come Early to Parkesburg as nearly one thousand workers lost their jobs. Horace Beale died one year later, leaving the company in bankruptcy. The PICO plant itself was dismantled and sold for scrap to pay the debts. The Borough Council purchased some of the site and made it available for the construction of the new fire hall in 1935 and several other buildings. The old boiler plant remained empty until 1946 when the Johnstone Engineering and Machine Company moved to the site. The School Board purchased both PICO Hall and PICO Field for its physical education programs and after the establishment of the Octorara School District they became the property of the Borough. PICO Hall was destroyed by fire in 1957.

The industrial heritage of Parkesburg continued with the establishment ofthe Parkesburg Dress Company by the 1950's. In 1951 the Company opened Plant number 2 in the Odd Fellow Building, but it too was destroyed by fire in 1966. The industrial base that had for so long been a major part of Parkesburg life was coming to an end. The more recent history of the Borough during the last several decades has seen the establishment of a trucking terminal at the western edge of toVirn and industrial uses in the corridor to Atglen along Route 372. This corridor is the subject of plans prepared by the Octorara Regional Planning Commission in July 2000, proposing the establishment of an industrial park in that area. This proposal will be discussed elsewhere in this Plan, but has already provided a significant employment base for the region, including Parkesburg.

Summary

The history of Parkesburg can be tied to the crossroads, both road and rail, which were occupied at its inception. As the years went by, the fact that these were not the main regional roads probably has had a role in maintaining Parkesburg as a relatively small town. When the industrial base of the town diminished, commercial, residential and institutional uses became the stabilizing elements. Today, there is a great potential to take advantage of this base and

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improve upon it to provide needed services to a growing community surrounding and within the town. Parkesburg has historically had a rail line running through it, but today has the opportunity to use the existing station as a commuter hub. The station and potential new service development around it have the ability to attract rail commuters from the nearby area and to provide services to them. The future of Parkesburg lies with its efforts to provide services to the retail and residential base it supports.

Strengths, Weaknesses and Opportunities

As a basis for thinking about where Parkesburg has been, and where it would like to go in the future a series of "visioning" discussions were held over several evenings. From these discussions an interactive comparison as to causes and effects, as well as the relationships of the identified strengths, weaknesses and opportunities were focused on by the committee at almost every meeting. A summary of the conclusions has been incorporated into the chart below, resulting in identifying specific 'Needs' that are envisioned.

STRENGHTS WEAKNESS OPPORTUNITIES Diversity of Residential Opportunities

Small Town Scale

Parking Vacancies Rental Conversions Dilapidation Need Community

Policing Drainage Lack of "Anchor"

Anticipated Residential Growth

Improved Rail Services and Facilities

Create Special Events in Borough Core

Industries or Create as a Destination Commercial Uses

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NEEDS

• Develop as a multi-model transportation center.

'" Define "edges" to community through signage (entry points to Borough)

.. Create a Borough "Theme" and reinforce through a strong streetscape effort.

.. Better property maintenance and enforcement.

• Create more parking opportunities, particularly at the train station and along Main Street.

• Through the Borough "theme", market community as a specialized businesses; as a destination center.

• More special events to enforce interest groups and activities to occur.

STRATEGIES

BUSINESS

., Create quarterly community weekend events.

., Create a marketing strategy.

" Inform/ engage local business owners.

PUBLIC SERVICE

• Bolster Code Enforcement

., Provide more community policing.

., Provide additional parking opportunities.

., Create multi-model transit center at train station.

• Update and enforce parking standards. o Shared parking. o Parking maximums.

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< > Provide services in support of community weekend events.

• Provide tax incentives for businesses (LERTA).

., Secure a local university to perform a market analysis of the Borough.

• Secure grants for streetscape program.

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GOALS FOR PARKESBURG REV1'I'ALIZATIOI'l

Chapter II

Parkesburg Borough completed updating its Comprehensive Plan in the year 2002. That Plan contained a section on goals and objectives, which, in a general way, portrayed the aspirations of the citizens and officials of the Borough. The Urban Center Revitalization Plan (UCRP), which specifically focuses on revitalization and which results in some issues requiring a greater degree of detail, can be viewed as a refinement of the Comprehensive Plan. This effort is an update to the Borough Revitalization Plan which was first adopted in 2003, and subsequently updated in 2009, and requires a revised vision statement.

Vision Statement

The vision for the Borough is to continue the revitalization of Parkesburg, extending the initial Revitalization Plan of 2003 and updated in 2009 to develop as a safe, vibrant, attractive Borough. The Borough will endeavor to support attractive, livable, green neighborhoods in step with changing times, served by attractive btu;;iness areas, with adequate parking, which meet the needs of residents for goods and services. The Borough will maximize its rail and state highway resources to make the Parkesburg community more accessible for both residential and business activities.

Initiatives

1. Borough

It is anticipated that the continuation of development of Parkesburg will be a blend of affordable residential neighborhoods supported by viable business areas. Residential development will require medical, legal and other service needs to meet the demands of a growing population. Entertainment and retail development will

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be needed, as well as linking businesses and services especially to meet the needs of the residents. Emphasis should be placed on Parkesburg as a destination. Train and bus service will make access to Parkesburg a more central point to the outlying community in future years, through which residents of surrounding areas will pass. To accomplish this vision areas that need to be addressed include:

A. Safety

( 1) Regional Policing.

(2) Enhanced neighborhood watch.

(3) Active and engaged neighborhood awareness programs and activities.

(4) Link West Bridge Street Bridge as another connector.

B. Open Space and Leisure

(1) Redesign Minch Park Master Plan as the Borough's primary active recreation center.

(2) Create a passive recreation opportunity at the North Side Park (a/k/a Rockland Avenue Park) where quiet pursuits such as pets and senior activities will be available.

(3) Reinforce, support and encourage Civic Events, such as Music in the Park, themed weekends and community days can occur.

(4) Encourage the development of education and Adult Education Programs to occur V\rithin the Borough by service providers.

(5) Encourage Health and Fitness providers to provide services and activities within the community.

(6) Assist where possible the continuation and expansion of the Octorara Player Theater.

(7) Support the expansion of the library.

C. Streetscapes

(1) Enhance Borough Entrance Features.

(2) Create Signage Standards and Enhancements.

(3) Develop Streetscape for First and Main.

(4) Replacement of sidewalks that are ADA compliant.

(5) Place underground utilities where possible.

(6) Provide Trees (bump-ins to yards).

(7) Provide Street Furniture.

(8) Provide Planters.

(9) Provide Rubber sidewalks.

(10) Use Exton Main StreetjHDC fa<;ade model related to "Streetscapes".

(11) Support Historic Commission.

(12) Support Historic Preservation and beautification.

(13) Provide Street lighting.

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2. Neighborhoods

Continued progress in zoning, rental inspections and minimum property maintenance code will be required. Parkesburg should initiate projects in the following areas to reinforce existing neighborhoods: ·

A. Housing and Building

(1) Parkesburg Palette Development, a common set of color triads for residential, service and commercial properties based on common architectural themes should be created and implemented. In addition, a tree planting initiative will be conducted to encourage trees in residential and commercial areas.

(2) Continue enforcement of the property maintenance code to promote long term progress and harmony in neighborhoods and correct existing deficiencies.

B. Housing and Building Stock

(1) Review and implement standards for a Borough wide Rental Code.

(2) Guide conversion of existing structures into apartments.

C. Green Areas Enhancement

(1) Beautify the Borough by supporting and encouraging trees, gardens and green initiatives which resonate with Parkesburg rural roots.

D. Respond to Changing Times

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( 1) Marketing to attract new residents, artists, musicia.TJ.s, business people, crafts people, students, linking businesses.

3. Business Area

Creating an attractive and viable business area will be reinforced by pursuing the following activities:

A. Seek PABA involvement and support.

B. Employ a part-time "First and lVIain" Street Manager.

C. Create parbng permit system.

D. Develop new parking lots.

E. Plan for new business development.

F. Improve business area infrastructure.

G. Restrict commercial to residential conversion.

H. Create sidewalks that are aesthetic/pedestrian-friendly and curbs and utilities.

I. Investigate and encourage tax incentives/benefits for business investment into the Borough.

J. Investigate special taxing districts for improvements within the business district.

4. Transportation

Trfu!sportation is a key component to the future of the Borough. As a crossroads to rail as well as many highways traversing the region, the Borough is in the unique position of capitalizing upon this asset in the Borough Center.

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A. Encourage rail related transportation initiatives.

B. Encourage expanded Amtrak service (hourly).

C. Encourage Minibus, Atglen-Parkesburg-West Sadsbury Lancaster-Sadsbury.

D. Support SEPTA extension.

E. Support SEPTA and Amtrak facility improvement.

F. Provide adequate and centralized parking facilities.

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POPULATION AND HOUSING

Chapte:r III

Demographics are that statistical characteristics of human populations used to

identify and order the various pieces of information gathered in any census.

Analysis of demographics is a basic component of understanding the nature of a

community. Trends in population statistics help to project the demographic

parameters offi1ture residents of the Borough. These projections help the

community to decide their future. Also, they are necessary to prepare development

strategies and plan for facilities to address future community needs.

Methodology

U.S. Census data JJ-om past years were the sources for most of the data presented in

this chapter. Additional pertinent data are available in compiled fonn fi·om the

Chester County Planning Commission, the Delaware Valley Regional Planning

Commission and the Pennsylvania Depmiment of Health. Given t.l}e timing of the

year 2010 U.S. Census, which is now six yem·s old, we have to consider past trends

with ctment data and projected 1Tends. This data is very important to the planning

process.

Population

This section of the rep01t examines the population statistics of the Borough in

terms of the past trends, migration influences and the age and sex distributions of

the population. These demographic factors and recent subdivision activities m·e

examined to project fi1ture population growth. The Borough then cm1address the

plmming implications resulting from any changes.

Past Trends

Population in Parkesburg has, of course, steadily risen over the years, seeing

general increases overall. The population figure in 1880 was 817, compared to

83,481 for all of Chester County, whereas in 1990 it had grown to 2981 people m1d

by 2000 to 3373 in Pm·kesburg and to 376,396 in 1990 and 433,501 in 2000 in the

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County. By 2010 the Parkesburg Borough population was 3593, and the total

population for Chester County was 498,886. The most recent population number

available for the Borough was 3,779 by the year 2015. These figures represent a

very small percentage of the overall Cotmty population; however, it should be noted

that the percentage of the County's population attributable to Parkesburg has

declined. The County has grown faster than Parkesburg. This is not unexpected

given the physical constraints of the Borough compared to the relative

undeveloped nature of the County. Population growth has not always been the

case in Parkesburg. For instance, between 1960 and 1970, there was a decline of

58 people. This net decline was most likely due to a combination offactors,

including the out-migration of segments of the population related to employment.

Parkesburg is one element of the Octorara Region, a six municipality association of

two borough and four townships. It is helpful to relate demographic data for

Parkesburg to the neighboring municipalities for the purpose of developing

pattems. Participating municipalities are the Boroughs of Atglen and Parkesburg,

and the Townships of Highland, Londonderry, West Fallowfield and West

Sadsbury.

The table which appears on the following page, Table 3.1 "Population Trends of

Parkesburg and the Octorara Region" illustrates the growth in population of not

only Parkesburg, but also the other municipalities in the Octorara Region over the

past century. There are instances in the progression of decades where a

municipality loses population. These may be due to local conditions or the

accuracy of the census. Nevertheless, the trend for the region has been increasing

steadily since the 1930 reporting period. Parkesburg's 2015 population figme of

3,593 represents a populace of sufficient size to need the basic services of a

municipality and pi·ovide the diversity which enriches the community.

The recent history of population trends, since 1980, within the Borough and its

regional neighbors, points out some local differences. Table 3.2, Octorara

Regional Population, 1980-2015, illustrates the way relatively small number

changes can have a major effect on the percentages of change. Between 2010 and

2015 the population growth for the Borough was 6.5%.

Housing data for the Borough indicates that in 2015 there were 1,524 total

residential units of which 883 (60.80%) were owner occupied, 575 (31.00%) were

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renter occupied and 149 (8.2%) were vacant. The median home value was

$264,049. The average household size was 2.61 persons.

Income of residents is another important statistic to understand. In 2015 the

Median Household Income was $58,124.00 and the Average Household Income

was $65,349 for Borough residents. This data equates to a per capita income of

residents of$24,983.00 in 2015. The availability of housing and the moderate

costs for housing presents opportunities as well as challenges for the Borough.

The overall changes which will occur should be put within a broader context and

studied as it relates for the Borough Comprehensive Planning efforts. The last

time the Comprehensive Plan was updated was 2002. Serious consideration should

be given to updating this Plan.

Summary

The population of Parkesburg Borough continues to grow and by the year 2020 is

expected to be over 4,000 residents. The Borough is the largest municipality in the

Octorara Region, and is the rural center for the surrounding municipalities.

The average household size is 2.61 persons with a per capita income of$24,983.00

in 2015. Assuming the average household size remains constant the Borough will

experience an increase of90 residential units between 2015 and the year 2020.

These new residents will present opportunities for the Borough as it develops its

Revitalization Plans for the future.

Table3.1 Population Trends ofParkesburg Borough and the Octorara Region

Parkesburg Borough Revitalization Plan

Municipality 1880 1910 1930 1940 1950 1960 1970 1980 1990 2000 2010 2020 2025

Parkesburg

817

2522

2288

2288

2611

2759

2701

2578

2981

3373

3593

4013

4374

Atglen

347

546

620

588

688

721

740

669

825

1217

1406

1577

1724

Highland Township

896

818

792

827

904

1029

1248

1244

1199

1125

1272

1330

1379

Londonderry Twp.

727

582

491

478

595

718

920

1293

1243

1632

2149

2370

2560

West Fallowfield Twp.

1048

1009

801

931

1069

1425

1694

2122

2342

2485

2566

2614

2769

West Sadsbury Twp.

693

725

690

655

802

1102

1189

1728

2160

2440

2444

2648

2823

t: Regional Total 4528 6202 5682 5767 6669 7754 8492 9634 10,750 12,276 13,430 14,552 15,629

Chester County 83,481 109,213 126,629 135,626 159,141 210,608 277,746 316,660 376,396 433,501 498,886 538,809 573,108

Source: Chester CountyPlanning Commission and Delaware Valley Planning Commission

Ill - 4

--

- iB1

21/2 0 1 1/4 21/2

GRAPHIC SCALE: (IN MILES)

·71/2

QOctorara School District

Census Tr acts

2010 -2015 Population: AnnualGrowth Rates.

L

P.0.SOX Sl8.UHtOHVtLLE, PtNHS'fVl ANtA 1t37S

PHONE:&10-ttt.& tl1 FAX: l1o..M9.....22

JAN. 2016

Octorara Area

Population

Growth Rates

FIGURE:

Municipality 1980 1990 2000 2015 Change 1980-1990

Number Percent

Change 1990-2015

Number Percent

Parkesburg

2578

2981

3373

3593

403

15.6%

612

20.5%

Atglen

669

825

1217

1406

156

23.3%

581

70.4%

Highland Twp.

1244

1199

1125

1272

-45

-3.6%

73

6.0%

Londonderry Twp.

1293

1243

1632

2149

-50

-3.9%

906

72.8%

W. Fallowfield Twp.

2122

2342

2485

2566

220

10.4%

224

9.5%

I W. Sadsbury Twp.

1728

2160

2444

2444

432

25.0%

284

13.1%

Regional Totals

9634

10,750

12,276

13,430

1116

11.1%

2680

24.9%

Parkesburg Borough

Revitalization Plan

Table 3.2

Parkesburg Borough

Octorara Regional Population, 1980- 2015

t

Chester Cmmty 316,660 376,396 433,501 498,886 59,736 18.8% 122,490 32.5%

Ill - 4

Revitalization Study

Table3.3

Parkesburg Borough

POPULATIONPROJECTIONS2000TO2020

Year

Population

Growth

Total

Population

2000

3337

2001 22 3395

2002 22 3417

2003 22 3439

2004 22 3461

2005 22 3483

2006 22 3505

2007 22 3527

2008 22 3549

2009 22 3571

2010 22 3593

2011 42 3635

2012 42 3677

2013 42 3719

2014 42 3761

2015 42 3803

2016 42 3845

2017 42 3887

2018 42 3929

2019 42 3971

2020 42 4013

Total 640

Source: The Grafton Association

111-6

IV-1

INVENTORY AND ANALYSIS

CHAPTER IV

Land Use Pattern of the Borough

The 2002 Comprehensive Plan for the Borough discusses the existing land use

pattern in some detail, including a map of the current land use pattern. Although

conditions have changed significantly since the Comprehensive Plan adoption in

September 2002, it should be noted that the major corridor of commercial,

institutional and multi-family development is centered around, and still remains,

along First Avenue and Main Street, which in turn are bisected by the Amtrak

Railroad lines. Current connections between the north and south sides of the tracks

remain the underpasses of Culvert Street and Church Street (Route 10).

Areas both north and south of this central core are primarily single family

residential. As of the year 2000 approximately 67% ofthe land area of the

Borough had been developed. Of the 811 acre total land area, 312 acres were in

residential use, 235 acres in non-residential use and the remaining 265 acres in

agricultural use or classified as vacant/water or wooded. Since this inventory

much of the remaining vacant ground has been developed or approved for

development.

The pattem of development on the south side of the Borough has followed a

traditional grid pattem of streets and alleys, with numbered streets and named

alleys paralleling First Avenue to the south and named streets oriented north-south

forming blocks. This pattem is culminated by the presence of Minch Park in the

south-central portion of the Borough. Minch Park is a large, central recreation area

serving the entire Borough with both active and passive recreation areas. More

recently a second park had been acquired by the Borough, North Side Park on

Rockland Avenue. There is also an active fannin the southeast comer of the

Borough. Current and planned expansion of the residential area is occuning along

all the boundaries of the Borough.

The development pattem of the area of the Borough nmih of the Amtrak Railroad

lines and Main Street trends to be reflective of the topography, with angular streets

and less reliance on alleys. Remaining undeveloped lands are becoming the sites

for small, single family development infilling the existing pattem. On the east side

IV-2

of the Borough and nmih of the tracks is a large undeveloped area adjacent to an

active quarry which has been approved for residential development. This area has

the potential to accommodate a significant amount of future growth and has been

the subject of various proposals. Additionally, lands nmih and west of the Crystal

Springs Apartments are currently being developed.

The previously noted Central Core of First Avenue and Main Street is

characterized by one, two, three and four story buildings occupied by a variety of

businesses, services and single and multi-family housing. Although industrial uses

are not extensive in the borough, several are located along the east-west corridor.

The quarry on Church Street, just north of the tracks, has been in operation for a

considerable time and has a limited amount of remaining land available. While

limited, there is some property available for light industlial uses. On the western

end ofthe borough, on First Avenue (Route 372) is a trucldng terminal.

Employment

Categories of employment remain relatively constant and have historically been

divided into the following:

Table IV-1

Employment

Employment Status Number Percentage

Population 16 years and over 2,710 100.0

In Labor Force 2,006 68.8

Employed 1,816 66.2

Unemployed 180 2.3

IV-3

Table IV-2

Occupations

Category

Employed civilian population, 16 years and over

Management, professional, related occupations

Service occupations

Sales and office occupations Construction,

extraction and maintenance Production,

transportation and material moving Other

Class of Worker

Private wage and salary workers

Government workers

Self-employed workers

Source: U.S. Bureau of Census, Census 2013

Number Percentage

2,006 100.0

623 31.0

259 12.9

395 19.6

318 15.8

231 11.5

180 8.9

Number

1,540

185

101

As can be seen in the table, Parkesburg has a diverse employment base.

The level of income for workers within Prukesburg is also reported by the U. S.

Census. Although not reported by employment area, the distribution of income

levels is of interest. The following table provides the breakdown of incomer levels

by household.

IV-4

Table IV-3

Household Income in 2013

Income Number Percentage

Households 1,343 100.0

Less than $14,000

110

8.1

$15,000 to $49,999 414 30.8

$50,000 to $74,999 344 25.6

$75,000 to $99,999 253 18.8

Over $100,000 222 16.5

Median household income in dollars is $58,124.00

Source: U.S. Bureau of Census, Census 2013

In the last 15 years median household incomes have had vittually no change in

spite of the increase in population.

Tax Base

The tax base of the Borough is based upon a number of tax sources, which are

listed below:

• Real Estate Tax

" Occupation Tax

• Per Capita Tax

• Real Estate Transfer Tax

• Earned Income Tax

Other sources of income are less significant and are made up of fees, petmits,

grants and charges for services. Collectively, the taxes received by the Borough

are held in the General Fund.

IV-5

While the amount of tax revenue received by the Borough has increased annually it

is believed development in the Borough and the resulting increase in real estate and

residence taxes, as well as increased in earned income due to inflationary rises, will

contribute to a progressive increase in revenues. This trend can be expected to

continue, given the availability of additional lands to be developed, potentially

generating both personal income and business taxes.

Expansion of the developed areas of the Borough has the potential to expand the

tax base. Redevelopment of areas or improvements to existing businesses also has

the effect of increasing value, thus increasing the tax base.

However there is a reciprocal effect to expansion and that is the requirement for

additional services to be provided by the municipality. Road and sidewalk

maintenance, public facilities, parks and other services are expected to be available

to new development or expansion or redevelopment. From the Borough's

perspective the provision of services and encouragement of new development is a

matter of balancing the need for expanded services with the assessment of taxes on

'the new development.

Opportunities

The discussion of opportunities should apply to all of the foregoing topics. The

current land use pattern within the Borough is such that continuing development is

occupying lands as zoned for residential use, primarily in the southern section.

Little expansion of the commercial and industrial sectors has occurred in recent

years. Opportunities for development or redevelopment exist within existing

buildings that are being underutilized or are vacant. Two very prominent

redevelopment opportunities are at opposite ends of the central conidor. The Acme

Food Store in the Shopping Center near First Avenue and South Church Street

ceased operation on May 1, 2003 and is cunently available for lease. The building

is approximately 30,000 square feet. The other redevelopment opportunity is the

vacant portion of the shopping center on the west end of the Borough on Upper

Valley Road near Main Street. Elsewhere in the central sector of the Borough,

there are various buildings, on a much smaller scale than the two previously

mentioned shopping centers, that are either vacant or could be more

effectively used. An example of a renovation plus reuse situation is the Parkesburg

IV-6

Arms Hotel. This building was currently being renovated for apartments and a

residential hotel.

The largest undeveloped parcel in the borough is found to the east of the central

core and is the single farm in the southeast sector of the Borough, zoned R-1

(Residential). While it could be argued that an active farm is inconsistent with the

undeveloped land, the long term future for the farm should be considered generally

and opportunities to facilitate any future conversion of use should be taken.

Examples of such actions may be the provision of utilities and roads to adjacent

parcels should they become subject to development. The area near Crystal Springs

Apartment, zoned R-A (Residential Apartments), is a third and smaller potential

development site.

Opportunities do exist in the Borough to further economic growth. There are

development and redevelopment oppmtunities. There is an employment pool of

residents with a range of educational attainment and work experience. The

management of the Borough has the economic resources to provide necessary

service.

Commercial/Industrial Activity

Previous sections of this Economic Development section have noted some activities

within the commercial and industrial sectors. One indicator of activity in this area

is membership in Parkesburg Area Business Association (PABA). Most of the

businesses in the Borough could be classified as small, many being single employee

businesses. PABA has identified 54 businesses that are either currently members or

are potential members. Additionally6, there are small employment

situations, such as at churches, public agencies and home occupations. The closing

of the Acme Food Store not only removed a valuable local grocery store, but also

eliminated a significant number of jobs, some of which could have been expected

to be filled by Borough residents. Of the PABA membership, the businesses can

be classified by employment size. It should be noted that not all businesses are

necessarily members of PABA and where significant differences exist they will be

noted. The following table illustrates the range of business sizes and the extent of

employment opportunities within the Borough.

j'

IV-7

Table IV-4

Parkesburg Businesses

Employees Number of Businesses

2008 2016

1 9 8

2 to 3 27 21

4 to 6 17 12

7 or more 15 15

Source: Parkesburg Area Business Association

The above table is a reasonable estimate of the numbers of employees found in

Borough businesses, agencies and institutions. In the year 2012 there were

approximately 370 individuals employed at 68 locations within Parkesburg. Most

of the locations are retail, service or professions businesses, with several public

agencies and eight churches included. The breakdown of business sizes reflects

the employee distribution well, with one exception. There are three businesses, or

employers, in the seven or more category, with between 25 and 30 employees.

Those three employers are a phatmacy, a trucking te1minal and the Borough. The

significance of this overall information is in the numbers of employment

opportunities within the Borough which could be filled by Borough residents.

Additionally, the Borough benefits by taxes collected based on employment and

business generated by a significant number of people being in the Borough during

the day.

Progratns and Plans

The most significant plan adopted by the Borough is the Comprehensive Plan of

2002,which was an update of an earlier plan. As noted em·lier, the Comprehensive

Plan provides an inventory of conditions, facilities and demographics, along with

land use patterns, projections and recommendations. The recommendations are in

the fmm of implementation measures associated with goals and objectives

developed by the Borough.

IV-8

Of significance also was the official designation by the Borough of an area subject

to the provisions of the Local Economic Revitalization Tax Assistance Act

(LERTA)l. LERTA is a tax incentive program designed to allow tax relief for

business real property improvements and/or expansion and provides the Borough a

potentially effective tool to revitalize and economically deteriorated area, increase

job opportunities, and increase Borough tax revenue in the long term. LERTA

enables local taxing authorities to exempt improvements to deteriorated business

property from property tax increase for a limited period of time not to exceed ten

years. While this program which has now lapsed, existed it was not utilized.

Consideration was given to whether this important tool should be reactivated. It

was decided that it should not be pursued at this time.

Parkesburg had prepared a master plan for the redevelopment and expansion of

Minch Park, the Borough's centralized open space and recreation area. The Park

and Recreation Committee should revisit their master plan for any additional

projects in Minch Park which may be desired.

Adjacent to the Borough's western side and extending to Atglen is a corridor on

either side of Route 372. It is in West Sadsbury Township and adjacent to

Highland and West Fallowfield Townships. The area is zoned industrial and was

the subject of a study in 2000 to determine the feasibility of designating it as a

business/industrial area. The study' was undertaken by the Octorara Regional

Planning Commission and is known as the Octorara Area Economic Development

Plan. This Economic Development Plan has been adopted by Parkesburg.

Parkesburg supported this effort by allowing EDU's to the 372 Corridor.

The northern border of the corridor is served by the Norfolk Southern Railroad.

The significance of the plan is the potential for a major concentration of

employment centers to be located contiguous to Parkesburg. There are several

businesses located in the area cun-ently, but there remain large areas available for

futme growth. Among the strategies recommended in the report are the assembly

of tracts under common ownership and the marketing of the land as a beneficial

area for economic growth.

1 72 P.S. §4722 et seq.

I I

WEST SADSBURY TOWNSHIP

L -----

SADSBURY TOWNSHIP

I _JI

GRAPHIC SCALE:

1"=700'

. PARKESBURG BOROUGH CHESTER COUNTY, PENNSYLVANIA


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5-26-2016

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V-10

underground utilities are ovvned by private companies and are subject to little control by the Borough. Transportation issues relate to two major state routes which cross in the Borough, bringing significant volumes of traffic which can conflict with local traffic and pedestrian movement. Parking availability for businesses and services within the Borough is difficult due to reliance on parallel parking on streets.

The parking of vehicles related to housing and the commercial areas is a problem of limited availability and conflicting uses. The number of attached housing units in the Borough generates large numbers of vehicles, most parked on the streets. Parking for retail and service businesses is also limited to street parking in most cases.

A problem area related to mass transit is the lack of SEPTA service to the Parkesburg train station, and a multi-modal center for transit "connectivity". Currently, the station is exclusively an Amtrak facility, and there is a lack of integration between Amtrak and SEPTA. The nearest SEPTA stop on this line is in Thorndale. Those wishing to access the SEPTA system are able to use a recently instituted bus line known as Coatesville Link West. That bus line is carrying a reasonable ridership for a new line and may support the contention that SEPTA service be extended to Parkesburg. Without further evaluation of origin and destination of passengers, it cannot be determined how much of the ridership would support a SEPTA extension.

The Parkesburg Borough Revitalization Plan, 2009, identified a number of problems associated with stormwater drainage system in the Borough; notably that the Borough had an aged and deteriorating system of stormwater pipes and inlets and that the drail:1age system relied on the streets to serve as collectors, with inlets connecting to piping which, due to the age and general deterioration of the system, caused street and

V-11

intersection flooding during times of heavy rainfall. Furthermore, the 2009 Plan recognized that the volume of stormwater had increased over time as more impervious surfaces had been added to the Borough through development. In the intervening years since the preparation and adoption of the 2009 Revitalization Plan, the Borough has significantly upgraded the stormwater drainage system that, as of the time of this update of the 2009 Plan, the improvements to the system have been substantially completed.

B. Resource Availabilitv

To address the aesthetic issue of unsightly utilities on the First Avenue and Main Street corridor, the Borough has the ability to relocate those utilities. Additionally, the incorporation of shade trees into the streetscape would lessen the visual impact of these unsightly utilities.

. Either underground or rear alley locations would improve the problem. The public utility companies who own the facilities in question would need to be involved in discussions as they are a prime resource. The transportation resource is tl1.e developed street pattern which, on the one hand, brings high volumes of traffic into the Borough, but also is a conduit for those who might avail themselves of the business and services found in the Borough. From a parking perspective, the resource is space to store vehicles, both short term and long, such as overnight for apartment tenants. Parcels which could be converted to off-street parking are resources which need to be identified and retained.

The Amtrak rail station in Parkesburg is a definite asset and resource. This recently rehabilitated historic station is located near Culvert Street and provides commuter service of nine stops a day in each direction. The main station building and parking is on the south side of the tracks, while a passenger shelter and parking are located on the north side of the tracks as well.

V-12

It is anticipated that the Chester County Community Revitalization Program will provide funding assistance for infrastructure improvements as was the case with the improvements to the stormwater management system.

C. Related Studies

Parkesburg Borough Comprehensive Plan (2002), Borough Engineer's Inventory of Infrastructure.

D. Proposed Options

Full development of parking fields for the train station with Kiosk or metered fee parking should be considered. Public/private lots should be created elsewhere to satisfy the parking needs of existing and future users. Incorporated into the provision for additional off-street parking should be creation of pedestrian-friendly access to and from these facilities by way of sidewalk and streetscape improvements.

E. Priority/Timing

The highest value given to potential projects by the Task Force was for the creation of centralized parking lots. Other transportation and infrastructure related issues, such as traffic calming and parking permits received higher than medium value. Collectively, this area of concern has the highest value and should have immediate attention.

F. Solutions

Public parking solutions have been and will be addressed in several locations within this section of the Plan, due to its importance to other issues, such as at the Amtrak station. In general, it should be noted that the need for centralized parking to meet a combination of needs could

V-13

occur at multiple locations. Those locations are either privately owned or are the property of the Borough or some other public entity. A "fee-in-lieu-of' program could be instituted that would allow the Borough the discretion to accept a fee from a developer as an alternative to developer-provided on-site parking.

Such fees could be consolidated and used to acquire and develop off-street parking in the area.

Although this Plan proposes a number of parking lot location options, it is recommended that the highest priority go to those areas with the greatest limitations, such as the 200 block of Main Street, the 400 block of First Avenue and the train station.

In the Appendix of this report, illustrations depicting how future off-street parking in these three areas, as well as at Minch Park, could evolve to address some of these concerns.

Additionally, other smaller parcels are available in the Borough that could also contribute to the needed parking. Most of these are privately owned and would need to be acquired (or leased) by the Borough. It is recommended, however, that the above-noted sites be the first lots to be constructed.

The conflict between through traffic using First Avenue and Main Street, sometin1.es at unsafe speeds, and local vehicle and pedestrian traffic should be addressed through the use of traffic calming techniques at critical locations. Such locations may be coordinated with Borough entrance features which identify the edges of the community, as well as being located at strategic locations where vehicles and pedestrians interface. There are a variety of traffic calming solutions available, including the narrowing of traffic lanes, extension of sidewalks to minimize the traffic crossing distance, the use of islands

V-14

and the planting of shade trees. The intent is not be stop traffic but to slow it to a point where it can coexist with pedestrian traffic safely. It has been found that the use of street trees along heavily traveled routes can have a traffic calming effect, without other major alterations. One issue the Borough needs to bear in mind is the fact that two regional routes transect the Central Core and that through traffic should be kept on those roads and not encouraged to use adjacent local roads as alternate routes.

The issue of utility lines on the major streets, in conjunction with streetscape improvements, has a relatively high priority with Task Force members. It is included here as an element of infrastructure which has elicited much discussion, primarily regarding aesthetics. For that reason, its influence on the visual streetscape is addressed more fully later in this report. As an infrastructure element utility poles and lines located along curb lines with line connections to adjacent buildings is an efficient and time-tested means of delivering electric, telephone and cable services. The relocation of these poles and lines to the rear of parcels, possibly along alleys is a potential solution to the aesthetic concern. Placing these utilities underground would seem to be a more intensive and complex solution to a retrofit situation.

The issue of SEPTA service to Parkesburg is one of policy, cost, and infrastructure. Undoubtedly, physical modifications would have to be made to extend the service over the Amtrak lines. One particular issue has been the inability of westbound trains to be turned around for the eastbound trip. Automation of switches or additional personnel for manual operation were necessary, a project that is not necessary for Amtrak operation. Currently, a new turnaround is being completed in Atglen which will make this movement possible. Efforts need to be made by officials of the

V-15

Borough with regional transportation planning agencies, such as DVRPC, and the two train companies to promote the concept of greater rail service to the Borough. The ability of the rail lines to accommodate the additional traffic is one issue. Another is the capacity of the train station and its parking. The current parking lot is unstructured with random parking occurring on a stone base. A solution to this situation is the construction of an efficient paved parking lot on the Amtrak property. A sketch plan (at the back of this Chapter) of a potential parking lot development indicates that approximately 181

vehicles could be accommodated. Associated with any improvements to the train station should be consideration of providing additional services to passengers at the station. Suggested services might include local and regional newspaper and magazine sales, beverages and light food. When opportunities exist to develop destinations such as offices near the station, the Borough should encourage this collaboration of economic development with regional transit. A multi modal transit center should be created to best coordinate future transit needs in the Borough.

On the north side of the tracks, a similar unstructured parking situation exists, albeit on a smaller scale. Random right angle parking occurs along Wright Street near the shelter. It is possible to construct a small parking lot adjacent to the railroad tracks that would accommodate more vehicles than at present. This proposal and the one at the station across the tracks should be coordinated so as to offer improved parking for passengers using each side. The only pedestrian connection between the two sides currently is the Culvert Street underpass. There is a sidewalk adjacent to the street tl1rough the underpass and the area is lit. In addition to the pedestrian use of the Culvert Street underpass, this report suggests a new pedestrian overpass be created and utilized on the closed Bridge

V-16

Street corridor. With more pedestrian access, a new multi-modal center could then be created.

G. Program Assessment Procedures

Traffic volumes can be monitored through automated counting devices and compared with base data from the recent past. Speeds of vehicles can be assessed after the installation of traffic calming techniques through police detection equipment. The appearance of utility lines is subjective and the effect of removal of lines may only be measured by opinion survey of residents, businesses and real estate interest.

Assessment of an extension of SEPTA service to Parkesburg is conventionally measured in terms of ridership. A study of ridership potential should be undertaken by the Borough and the Transportation Management Association of Chester County. Railroad systems are not normally self-supporting financially, but rely on public subsidy, thus making assessment of success subjective.

4. Public Facilities and Programs

A. Problem Definition

The Borough needs to enhance its open space system so as to be more available to all areas, with emphasis on connecting neighborhoods With trail systems for pedestrians and bicyclists. There are no public schools in the Borough, resulting in diminished availability of athletic fields, recreation space and community meeting space. The Library, while a community asset, could become more involved with community cultural programs. There is a lack of community centers where programs could be conducted for various age groups from senior citizens to youth. Public safety has been improved

V-17

with a greater police presence and by improvement to the street lighting system. In addition, a Town Watch exists.

Parkesburg has an abundance of historic structures that, in a variety of ways, are not receiving the attention and consideration they deserve. Non-residential buildings of historic value often fall victim to modifications made in the interest of commercial viability. There is no current program or status conferred on historic buildings or structures aimed at preserving them or promoting their contribution to the character of the community.

B. Resource Availability

The Borough has identified and acquired several small parcels of land to be used as parkland. These are outside the urban core and will serve the local communities. One of these, North Side Park, has been graded for a passive recreation area, stormwater management facilities have been constructed, ten parking spaces constructed and the park continues to be improved. In addition, pocket parks are anticipated within two residential developments and will be owned and cooperated by home owners associations. Other opportunities to locate lands, such as utility or stream corridors, could be resources for a network of linear open space trails that connect local parks to the central core and Minch Park. With a general lack of public community centers in the Borough, greater use of church facilities should be investigated as a way to provide community and social outlets for various age groups. The Library is a public facility which could be enhanced with the establishment of cultural programming taking advantage of the library's staff and resources. Its central location and proximity to Minch Park create opportunities for expanded programming. Public safety within the Borough is accomplished through a municipal police force and paramedic services. Police officers could provide greater coverage and public

V-18

contact, particularly in the urban area, if greater use of foot patrols or bicycles were made.

The need for teenage programs has been addressed by a privately operated youth center which meets two nights a week. The program was initiated by the eight (8) churches of the Borough and serves up to about 200 teens each session. There is also a senior center which convenes only once a month. Seniors also meet at the Baptist Church.

Related to the historic resources of the Borough, there are several areas that could be defmed as historic districts, one on each side of the tracks. These two areas contain a significant number of buildings and other structures that are valuable resources to a town that considers itself historic. The northern district is along Main Street from near Strasburg Avenue to Church Street. The southern area is along First Avenue from Culvert Street to mid-block near the Fire Company.

C. Related Studies

Parkesburg Borough Comprehensive Plan (2002), Borough Open Space Plan, Minch Park Master Plan (2002), Central Core Parking Study (2006).

D. Proposed Options

Many of the proposals suggested above involve Minch Park and the adjacent Library. Enhancements made to either or both would capitalize on their central location and importance to the Borough. An option to providing greater public facilities and open space is to take greater advantage of the church facilities in the borough, of which there are many. However, such reliance has the limitation of only providing indoor facilities and possible reluctance by some to utilize a religious facility. Any options for the provision of open space and recreational

V-19

facilities should occur within a long range plan. This will

require an update to the Borough's Parks, Recreation and Open Space Plan. The relocation of the Borough Hall to a new location has provided needed office and meeting space, allowing the police and fire company to expand. Preserving and promoting historic buildings is important in order to prevent their deterioration.

E. Priority/Timing

Projects related to Minch Park and the Library received medium to high levels of support from the Task Force, and are second only to centralized parking lots and street scape improvements. The fact that this collection of projects includes two parking lots central to the Borough is significant.

F. Solutions

The location and prominence of Minch Park and the Library make them ideal as a focal point for community recreation and cultural facilities and programming. Although each has been in existence and part of the community for many years, there are opportunities to expand on their significance. It is suggested that the Library may play a larger role in community cultural affairs by the expansion of the facility with a community room. Such a space could serve many functions, including club and organization meeting space, educational training, public meetings and hearings. The parking lot across from the Library, already in Borough ownership, should be constructed as a paved and landscaped lot so as to potentially accommodate up to 50 cars.

Public Facilities and Programs is a wide ranging topic and one which also contains the concern over the Borough's historic significance. The asset that has been already described needs to be addressed through Zoning

V-20

Ordinance regulations that foster the preservation and enhancement of historic structures. Procedures need to be enacted that acknowledge that all historic houses cannot remain single family residences or be converted to museums. Means need to be available to allow for sensitive adaptive reuse which preserves the integrity of the building while allowing it to continue to contribute to the fabric of the community. Provisions for such adaptive reuse include allowing the conversions to such activities as Bed and Breakfast operations and an array of home occupations. In concept -vvith regulations addressing historic structures, there needs to be management of such a program. It is recommended that a Historic Society be enacted by the Borough Council, through Zoning Ordinance criteria, made up of individuals with interest and knowledge of architectural history, and that the Historic Society provide review of land development proposals for the Borough Council and Planning Commission.


Assessment of the success of programs adopted by the Borough lies with the utilization of the facilities and the ability of the Borough to create programs that will be beneficial to the community in those facilities. The benefits of such programs are often indirect, but often will relate to the economic wellbeing of the community.

5. Open Space


The First Avenue and Main Street corridor has a changing sense of open space. Minch Park is the Borough's one community park with a variety of recreational and sports opportunities. However, it is not well linked spatially to the central corridor. Additionally, there are no places in the corridor that encourage

V-21

residents to gather or linger. Beyond the Central Core area there are few public linkages where residents can access open space.


The predominant resource in the urban open space category is Minch Park. In addition a new park has been acquired and additional parkland will be acquired. However, First Avenue and Main Street also serve as defined spaces which could take on much stronger open space characters and provide additional linkages. Opportunities need to be identified along the streets where people congregate or cross paths. These places are ideal small urban open spaces. Minch Park, on the other hand, is isolated currently from First Avenue. Opportunities to acquire land that would connect the park to the urban corridor should be explored. Two transition zones of hardscape and plantings have been created to connect the Borough's major park to the downtown area.

Additional resources are the small parcels of land that the Borough has purchased or would like to purchase in the future that are located in the residential suburbs of Parkesburg. One such parcel, North Side Park, of two acres has been acquired and improved with stormwater management facilities and parking. These have the potential to serve as neighborhood parks within walking distance of many residents. They are not intended to duplicate the facilities of Minch Park, but provide local, small scale recreational sites.

C. Related Studies

Minch Park Master Plan, Parkesburg Borough Parks, Recreation and Open Space Plan, Parkesburg Borough Comprehensive Plan. '

V-22

D. Proposed Options

Another approach to the urban open space issue is the decentralization of facilities. This has the advantage of providing some services closer to residents. Additional lands would be necessary. The disadvantage is the fragmentation and duplication of facilities.

E. Priority/Timing

The expansion of Minch Park to Church Street received high level support from the Task Force as to priority. The availability of the parcel from a real estate perspective should be investigated immediately, with possible development delayed until other projects are accomplished. This same philosophy applies to acquisition of smaller suburban parcels. Availability of parcels may be short lived.

F. Solutions

It is recommended that the size of Parkesburg warrants the concentration of urban open space and facilities in the area where it has already been established. The Borough is small enough that Minch Park is accessible to all, either by foot or vehicle. The Master Plan for Minch Park proposes a radical realignment of facilities within the Park, including primarily passive development of the southeastern extension of the Park. The Master Plan implementation will be a very expensive project, but small portions of the plan should be selected for implementation and funding sought.

One significant project related to Minch Park which has the support of the Task Force is the expansion of the Park eastward, onto property facing Church Street and currently available. This proposal was not part of the Park Master Plan but is a recommendation of this Revitalization Plan. The proposal offers several benefits,

V-23

including expansion of the park along creek areas and along Route 10 that would provide linkages and connection to the Central Core area.


Program assessment is measured in utilization of facilities and new programming of those facilities.

6. Streetscapes


The First Avenue and Main Street corridor has no cohesive aesthetic theme; rather it is characterized by random signage, a variety of building materials and unsightly utilities. In recent years, however, new signage and coordinated color schemes, which are important, have been pursued privately. There is a general lack of street trees or any other unifying elements. The condition of the sidewalks in front of buildings is variable, with unsafe cracks, utility repairs, utility poles and signs.


The resource in this category is the well-established and sometimes historic pattern of architecture which make up the walls and floor of the two urban corridors. The conditions which would improve the aesthetics of the streetscape involve the modification of the sidewalks and facades with a program of coordinated signage, street furniture, utilities, plants, street trees, building materials, architectural accessories and color. There are two sectors involved; public (sidewalk) and private (buildings). Aesthetic coordination, development of an improvement program and an implementation plan are the resources which need to be brought forward to improve the streetscape.

V-24

C. Related Studies

Parkesburg Borough Comprehensive Plan (2002).

D. Proposed Options

An option outlined later in this section is the retention of utility poles and lines, along with a streetscape program including street trees.

E. Priority/Timing

Streetscape improvements, along with centralized parking, received the highest priority when ranked by Task Force members. Implementation of a phased project to address the streetscape should begin as soon as possible.

F. Solutions

Identification of segments of streets within the Borough where aesthetic values need improvement has to occur. Streets to consider are First Avenue, Main Street and Church Street. These represent the corridors most visible to visitors and those passing through the Borough, as well as the area of most commercial and institutional activity. It is suggested that blocks be used as units for assessment and improvement, although there may be cases where circumstances change within a given block.

The intent of this program is to provide an array of elements to the street scene which has a beneficial visual and functional effect and a unifying quality. Of concern are the appearance of signs, street furniture, pavement and curbing, building facades and utilities. An element that is not common in the Central Core is landscaping. Landscaping in this sense primarily means street trees.

V-25

Street trees can have a strong unifying visual effect, while also providing shade along well traveled sidewalks.

An initial area to be used as a prototype for the remainder of the Borough Central Core is the two blocks of First Avenue between Culvert Street and Gay Street. This sector contains many small businesses, Borough Hall, Police and Fire Company and potential access to Minch Park. This area functions as the focal point of many Borough activities, as well as being on a high traffic route through the Borough. In addition, access to the Amtrak Railroad station is at the western end of the sector. Regarding the Amtrak station, the Borough is attempting to secure a funding to improve parking which should increase ridership. There are sidewalks on each side of the two-way street, no planting strips and no street trees.

The sidewalk pavement in this area is concrete. It is suggested that it be replaced with brick-style accents or other similar paving units. Brick-style accents have a softer visual effect and are more pedestrian in scale. They also offer the ability to realign or repair localized areas without removing large areas, such as with concrete. Within the pavement, it is suggested that appropriate street trees be located at about 50 feet apart. The type of landscaping is highly important due to the space limitations, the need to retain visibility of businesses and their signs, and utility and other sign considerations. Upright, medium size, thin texture, tolerant of urban conditions and ease of maintenance are all desirable characteristics.

Street furniture, those objects such as sign posts, benches, fire hydrants, trash containers, newspaper boxes, and lights, commonly found in a streetscape, needs to be evaluated for need and coordinated for visual impression. One significant element of street furniture not found in the Borough is transit shelters. It is

V-26

suggested that several be placed on the Coatesville Link West route to reinforce that form of transportation and encourage ridership. There may be objects along the street that are not necessary or useful, which should be removed. Other objects like light standards and sign posts should be of a consistent design, color and size.

Business signs on the streetscape need to be coordinated visually, perhaps through an amendment to the Borough Zoning Ordinance establishing special standards for the Central Core streetscape. Directional signs for Borough facilities and traffic control should be evaluated for appearance and functionality.

The image of utility poles and lines in the streetscape of the Central Core of the Borough has been discussed in the earlier section on Infrastructure. However, since this element plays such a large role in the visual image of the Borough, it is further addressed in this section. It should be noted though that in new development within the Borough, underground utility lines are required. Utility poles and lines may be the strongest visual element of the streetscape, second only to the facades of buildings. That is not to say they are a positive element. In fact, if a street tree program is to be established, they may be in conflict. For that and aesthetic reasons, it is recommended that efforts be made to relocate these lines. Two options are available; underground or relocation. This in itself is a major undertaking, and requires coordination with the utility companies. It is important to the success of a streetscape improvement program, although it is not critical. Conceivably, utility poles and lines could remain, but the placement of street trees and other features would have to be very carefully planned.

Areas of the Borough beyond the Central Core are not normally thought of as having streetscape concerns. However, one streetscape element that is common to all areas is street trees.

V-27

Outside the Central Core, the Borough's image can be substantially changed by implementing a street tree program throughout the municipality. The Borough's codes should be reviewed for application of a requirement of new development that street trees be installed by the developer. In areas of existing development, programs should be initiated by the Borough to incrementally install street trees where required.


The value of a successful streetscape program is again very subjective and difficult to assess. What is intended is the improvement of the Borough's image to a variety of interests, most having an effect on the local economy. Business interests that may be considering Parkesburg for a location, or expansion of existing services, may view a positive visual image as a sign of community pride. Individuals looking for a place to live or residents willing to invest in their current property may view a strong downtown streetscape as a sign of stability. The Borough should strive to create linkages between services and residents to form a focal point.

Vl-1

ACTION PLANS AND IMPLENTATION

Chapter VI

Introduction

The Implementation Plan provides guidance toward achieving the recommendations described in the previous plan. Several recommendations identified throughout this document can be accomplished through a comprehensive update of the Borough's regulatory ordinances (zoning and subdivision and land development). Updating these ordinances will allow the Borough to address recommendations related to the goals of this plan.

The implementation strategies presented herein include a recommendation which is corresponding to a Strategy and Action Items to assist in accomplishing the Plan's Objectives. Each recommendation has been assigned a general priority as well as the organization or agency that is responsible for its implementation.

Priority

The general priorities assigned to each recommendation should be interpreted as follows:

Ongoing: Actions that require attention on an annual basis. These recommendations should be accomplished on a continual basis.

High: Actions that require immediate attention toward implementation and are of greatest importance to the Borough. Typically these types of recommendations are accomplished relatively quickly through short-term action items in 1-3 years but are the first step in a long-term program.

Medium: Actions that require general or on-going attention toward implementation. These recommendations are accomplished in 3-5 years.

Vl-2

Low: Actions that require additional analysis and/ or studies prior to implementation. These recommendations are accomplished in 6- 10 years.

Responsible Parties

Generally the entities with the most responsibilities assigned are the Borough's Planning Commission, Council and Staff. In the case of regulatory updates, while it is the Borough Council that must adopt a proposed ordinance, primary responsibility for ordinance development falls to the Planning Commission. Abbreviations for the responsible entities, as indicated in the following implementation strategies are:

• BC: Borough Council

• PC: Planning Commission

• Staff: Borough Staff (Manager, Codes, Public Works and Water)

• Police: Borough Police Department

• PBA: Parkesburg Business Association

• CCPC: Chester County Planning Commission

• CCDCD: Chester County Department of Community Development

• CCEDE: Chester County Economic Development Council

• TMACC: Transportation Management Association of Chester County

• CCOSPD: Chester County Department Open Space Preservation

• PENNDOT: Pennsylvania Department of Transportation

POTENTIAL FUNDING SOURCES

State Funding

The Pennsylvania Department of Community and Economic Development (PADCED) offers funds in a number of different economic development programs ranging from revitalization assistance to small business financing. Several of these programs

Vl-3

can be applied for through the Chester County Economic Development Council (CCEDC). For more information about these programs go to vV\Vw.newpa.com. PADCED programs consist of but are not limited to the following:

• Keystone Communities Program (KCP)

• The Industrial Sites Reuse Program (ISRP)

• The Pennsylvania Industrial Development Authority (PIDA)

• The Pennsylvania Economic Development Financing Authority (PEDFA)

• The Small Business Administration (SBA) Financing

• The Small Business First Program

The Pennsylvania Department of Transportation (PennDOT), as well as PADCED, offer grant programs that assist in funding the planning and construction of multimodal transportation projects, traffic signals and circulation and bicycle and pedestrian facilities improvements. The following transportation grant programs should be considered by the Borough:

• PADCED: Greenways, Trails and Recreation Program (GTRP)

• PADCED: Multimodal Transportation Fund

• PennDOT: Multimodal Transportation Fund

• PennDOT: Automated Red Light Enforcement (ARLE) Program

• PennDOT: Green Light-Go Program

Regional Funding

The Delaware Valley Regional Planning Commission (DVRPC) offers various transportation funding opportunities for both planning and construction projects. Many of the funds for these programs come from the federal or state government, but are managed through DVRPC. Projects funded under these programs consist of, but are not limited to the following: bicycle and pedestrian supportive projects, road/highway construction, trail development and bridge rehabilitation. For more information about these DVRPC funding opportunities go to www.dvrpc.org/funding. The Borough should

http://www.dvrpc.org/funding

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consider that following funding programs to assist in implementing this Plan.

• Regional Trails Program

• Transportation and Community Development Initiative (TCDI)

• Transportation Alternatives Program (TAP)

• Congestion Mitigation and Air Quality (CMAQ) Program

DVRPC also manages a Municipal Resource Guide that identifies federal, state, regional, county, and private funding sources for local planning and development projects. The guide consists of topical areas such as housing, infrastructure, infill and brownfields, community revitalization and transportation.

County Funding

The Chester County Department of Community Development (CCDCD) offers funding assistance through multiple federal, state, and county programs that consist of the installation, construction, and/ or rehabilitation of public facilities. For more information about these funding opportunities go to CCDCD website. The CCDCD funding opportunities consist of the following:

• Community Development Block Grant (CDBG)

• Community Revitalization Program (CRP)

• Home Buyers' Program

• Housing Rehabilitation Program • Housing Partnership Development Corporation - Home

Maintenance Program • Good Works, Inc.- Home Repair Program

The Chester County Planning Commission (CCPC) offers a Vision Partnership Program (VPP} grant to local municipalities and multi municipal regions seeking to improve their planning programs and achieve consistency with the County's Comprehensive Plan, Landscapes 2. This grant for planning projects only with eligible projects ranging comprehensive plans, transportation studies and zoning ordinance.

VI-S

The Chester County Department of Open Space Preservation (CCOSP) offers a Municipal Grant Program to assist to preserving and acquiring public parkland.

Local Funding

The Borough should also consider the following redevelopment and financing funding programs:

Tax Increment Financing (TIF)

Tax Increment Financing (TIF) is a way for redevelopment to pay for itself through the increased property taxes that are generated by a specific project. Tax increment financing districts in Pennsylvania are governed by Act 113 of 1990, the Tax Increment Financing Act. TIF districts and their related redevelopment projects are designed to convert blighted areas-generally with low property values, assessments and tax revenues-into more attractive area in which businesses will want to locate. Public improvements, which may include land assembly, building clearance, infrastructure improvements, and/ or creation of amenities, will make the area more attractive for the private sector relocation of business, industrial, or residential development. The new development will have significantly higher assessment values and provide greater tax revenues to the municipality. Once a tax increment financing district is designated, the amount of tax revenue from the area that is directed to the general fund is held at the pre-improvement level. Any amount of taxes collected above this base level is directed into a fund to pay for improvements or to pay off bonds which funded improvements in the TIF district.

Local Economic Revitalization Tax Abatement (LERTA)

Adopting a LERTA ordinance allows municipalities to exempt physical improvements within a designated geographic area from re-assessment for up to ten years. The exemption applies to the value added from the subject improvements. The school district, the county and the municipality must agree on a revitalization

Vl-6

program and must each pass a resolution supporting the proposed LERTA program.

1

ECONOMIC DEVELOPMENT

Recommendations Priority

1. Develop a marketing strategy to identify market opportunities High

a. Target and pursue specialty shops to locate primarily in High

downtown Parkesburg to create and offer a unique destination

for the surrounding areas.

2. Continue to support the success of Parkesburg Business Association High

by identifying operating and administration funding to increase

Economic development initiatives.

3. Inform business owners on business planning. High

Responsible Parties:

Lead (support)

OMI, (Staff, CCEDC)

BC, PC, CCEDC

OMI, (Staff, CCEDC)

OMI, (Staff, CCEDC)

4. Continue community organization and business collaboration

Towards economic development.

High OMI, (Staff, CCEDC)

5. Target underutilized properties located in the downtown particularly High

Second story of the buildings for office and retail uses. OMI, (BC, PC, CCEDC)

a. Amend and update Borough Ordinances to conversions from

residential second story use to permit office and other retail

use.

b. Encourage pop-up businesses and events to test out the

the current market in Parkesburg.

High

High

BC,PC

BC, PC, CCEDC

2

6. Provide downtown retailers incentive to locate in the Borough. High OMI, (BC, PC, CCEDC)

a. Consider implementing a LERTA program for infill

development in the BID.

High BC, PC, Staff, CCEDC

7. Move forward downtown catalyst projects to attract targeted types High

of business and Infuse downtown Investment

a. Pursue economic development and community revitalization Ongoing

financing programs to fund catalyst projects.

b. Consider possible projects, such as movie theater, mixed use High

retail, and other infill development in the Borough.

c. Implement design standards fitting for small town character High

for new franchise establishments in Parkesburg.

PUBLIC INFRASTRUCTURE AND TRANSPORTATION

Recommendation

OMI, (BC, PC, Staff,

CCEDC)

BC, PC, Staff, CCEDC BC, PC, Staff, OACC,

CCEDC

BC, PC, Staff

1. Promote existing parking options through public awareness and

Signage.

a. Consider preparing an information flyer and map of Borough

Public and Private parking options.

b. Evaluate the need for new signage and improve existing

parking signage that directs motorist to parking areas.

Ongoing

Ongoing

Ongoing

Staff, (BC, PC, CCDCD,

CCPC)

Staff

Staff, CCDCD

3

2. Continue to evaluate parking demands annually and conduct a

parking management study.

a. Evaluate parking solutions in the Borough's downtown

commercial and residential areas.

3. Update and enforce parking standards to ensure parking require

ments and regulations are appropriate and flexible.

a. Consider parking regulations and strategies.

4. Expand, enhance and enforce Borough parking facilities.

High

High

Medium

Medium

High

Staff, (BC, PC, OMI,

CCDC)

BC, PC, Staff, CCPC BC, PC, (Staff, OMI,

CCDCD,CCPC)

BC, PC, Staff, CCPC

Staff (BC, Police,

CCDCD)

a. Continue to enforce metered parking in downtown and future High

areas of the Borough.

b. Encourage expansion and enhancements of selected existing High

parking locations in the downtown and fringe areas.

BC, Staff, Police Staff, CCDCD

5. Identify public infrastructure needs.

a. Continue efforts to maintain, repair, replace, enhance and

expand public infrastructure throughout the Borough.

b. Adjust existing Borough sidewalk standards and require

sidewalks in all new developments and change in ownership

to implement.

High

High

High

Staff, (BC, ORPC, CCPC,

CCDCD, PennDOT)

Staff, CCDCD,

PennDOT

BC, PC, Staff, CCPC

4

c. Continue to coordinate with OASA on capacity needs and

future development projects.

d. Support strategies, techniques, and initiatives to cost

effective stormwater infrastructure.

6. Utilize appropriate funding sources and the County's TII/UCH to

Prioritize and implement projects.

High Medium High

Staff Staff Staff, (PC, CCPC)

a. Identify additional funding sources, such as grants, to address Ongoing

specific facility or service needs as well as planning and

regulatory programs.

b. Maintain an inventory for roads, sidewalks, sewer, water and High

stormwater to prioritize improvements based on existing

conditions.

c. Prepare a three-to-five-year maintenance and Capital Medium

Improvement Plan.

Staff, CCPC

Staff, CCPC

BC, Staff

7. Implement "Complete Streets" concepts.

a. Continue to seek funding through various Federal, State,

County and local agencies to fund complete street projects.

b. Adopt a complete streets policy in the form of a resolution to

show the Borough's commitment to complete streets.

Medium

Ongoing

Medium

Staff, (BC, PC, CCPC,

PennDOT

Staff, CCPC

BC, PC, Staff, CCPC

5

c. Identify streets within the Borough where complete streets Medium

improvements should occur.

d. Conduct a Pedestrian Audit to review and identify safety needs Medium

as well as amenities on high priority pedestrian corridors in

the Borough.

e. Amend and update Borough Ordinances to incorporate Medium

complete streets pedestrian, public transit and other traffic

calming facilities.

8. Update and enforce pedestrian friendly regulations Medium

a. Amend Borough Ordinances to include the terms and Medium

standards for bicycle and pedestrian facilities.

b. Create and adopt an Official Map to identify desired locations Medium

of roadway improvements and pedestrian and bicycle facilities

in the Borough.

c. Consider the use of municipal Traffic Impact Ordinance to Medium

facilitate multimodal network.

d. Work with applicant during the land development process to Low

promote implementation of multimodal improvements shown

in this Plan.

9. Reduce commercial truck traffic within the downtown. Medium

Staff, CCPC, PennDOT

Staff, CCPC, PennDOT

BC, PC, Staff, CCPC,

Staff, 9BC, PC, CCPC,

PennDOT


PennDOT


PennDOT


PennDOT

BC, PC, Staff


PennDOT

6

a. Continue to communicate with known local and regional Medium

companies that contribute to truck traffic through the Borough.

10. Assist in the marketing of existing SCCOOT service in the Borough. Medium 11. Update and implement regulations to incorporate recommendations Medium

From various public transportation planning documents completed

12. Explore the potential for expanded and/ or new bus service in the Medium

Borough.

a. Coordinate with TAMACC to install new bus stops and shelters Medium

at appropriate locations in downtown Parkesburg.

HOUSING AND PUBLIC SERVICE

Recommendation


PennDOT)

Staff, TMACC, BC, PC,

CCPC

Staff, YMACC, BC, PC

CCPC

Staff, TMACC, BC,

CCPC

BC, Staff, TMACC

1. Continue to enforce rental regulations and property codes and

Other successful code regulation programs in the Borough.

High Staff, (BC, PC,)

a. Create another full-time codes enforcement position. High

b. Consider blight removal methods and corresponding ordinance High

changes that would be necessary, utilize Bright to Blight Tool

Kit as referenced.

BC, PC, Staff

BC, PC, Staff, OM!

7

2. Continue 24-hour police department coverage and continue foot High Police, (BC, Staff)

and bike patrols.

a. Create an MOU between Borough Council and Borough Police High BC, Staff, Police

to address residents request for police presence downtown. b. Explore a regional fee for calls on the Parkesburg Police force

to areas outside of the Borough.

High BC, Staff, Police

3.

Continue to support town watch program.

Ongoing

Staff (BC, Police)

4.

Utilize a completed Fair Share Analysis to demonstrate that the

High

BC, PC, (CCPC,

Borough meets Fair Share requirements. CCDCD)

5.

Improve open space and recreation facilities

Medium

Staff, (BC, CCOSP)

a. Add programming and maintenance schedules to existing

facilities.

Medium

BC, PC, Staff, CCOSP

b. Explore expansion opportunities and improve public access. Medium BC, PC, Staff, CCOSP

"APPENDIX''

1


ORDINANCE NO. 487

AN ORDINANCE OF THE BOROUGH OF PARKESBURG, CHESTER COUNTY, PENNSYLVAl IA, IDENTIFYING THE AUTHORITY FOR SUCH REGULATION, DELETING AND REPLACING ORDINANCE NUMBERS 333, 361, 369 373 374, 377 AND 381, ESTABLISHING A PROGRAM FOR COLLECTION, STORAGE, TRANSPORTATION, PROCESSING AND DISPOSAL OF MUNICIPAL

WASTE AND RECYCLING, INCLUDING MANDATORY SOURCE SEPARATION AND SEPARATE COLLECTION OF DESIGNATED RECYCLABLE MATERIALS; PROVIDING FOR THE REGULATION AND REGISTRATION OF COLLECTORS AND HAULERS; PROHIBITING THE DISPOSAL OF DESIGNATED RECYCLABLE MATERIALS WITH MUNICIPAL WASTE; EMPOWERING PARKESBURG BOROUGH TO ADOPT AND PROMULGATE REASONABLE REGULATIONS AND THE AMENDMENT OF CERTAIN PROVISIONS BY RESOLUTION OF BOROUGH COUNCL; FIXING PENALTIES FOR VIOLATION OF TillS ORDINANCE.

WHEREAS, The Borough of Parkesburg, is a Borough and municipality of the Commonwealth

with a business address of 315 West First Avenue, Parkesburg, Chester County, Pennsylvania;

and,

WHEREAS, The Borough of Parkesburg is governed by the Borough Code and has authority

thereuuder to regulate the collection of trash and other refuse (including recyclables) and

authority to regulate the charges for any trash and recyclable services provided by the Borough,

as well as broad authority to regulate nuisance activities which result from the failure to properly

contain and dispose of trash and other refuse (including recyclables) pursuant to specific

authority for same fouud at section 1202 of the Borough Code, including, without limitation,

Sections 1202 (2) (regulation of charges in the operation of public services); (3)(fines and

forfeitures); (4)(nuisances); (6) (health and cleanliness regulations); (10) (regulation of the

accumulation of garbage and other refuse material); (11) (removal of garbage and other refuse

material); (45) (garbage and refuse disposal facilities); and 74 (general powers). See, 53 P.S. § 46202 (2), (3), (4), (6) (10),(11) ,(45) and 74; and,

WHEREAS, the Borough is likely to be required at some time in the near future to establish a

mandatory recycling program pursuant to the requirements of Act 101 of the Pennsylvania

General Assembly, 1988 (Act of July 28,2988 (P.L. 566, No. 101) and any amendments thereto,

including the Amendment known as Act 140 which further establishes the importance of

recycling and requires through ordinance that all residents, in certain circumstances, have waste

and recycling services; and;

2

WHEREAS, the Borough recognizes that Article I, Section 27 of the Pennsylvania Constitution, identifies that "the public

natural resources are the common property of all the people" and that the "Commonwealth shall

conserve and maintain them for the benefit of all the people." and pursuant to such authority, the

Borough wishes to protect the environment through mandatory recycling as the Borough believes

that mandatory recycling will reduce the amount of waste disposed of in the landfill, thereby

leaving more room for more appropriate waste products and

benefiting the environment, and that mandatory recycling will preserve and provide

steel, aluminum, glass, plastics and other such products for the benefit of the

consuming public.

NOW THEREFORE, in consideration of the authority recited herein and other

authority available to the Borough under the Borough Code and applicable statutory

authority, be it ORDAINED AND ENACTED and it is hereby ordained and enacted by

the council of the Borough as follows:

PART I- GENERAL

1. SCOPE

This Ordinance shall govern and control all aspects of the collection, storage,

transportation, processing, and disposal of municipal waste, and recycling, in the

Borough of Parkesburg. It identifies and contains regulations applicable to haulers of

municipal waste, collectors of recyclables, individuals, commercial, municipal, and

institutional establishments, and community activities.

2. PURPOSE

This Ordinance is being enacted in order to establish a program for the collection,

storage, transportation, processing and disposal of municipal waste, to implement a

recycling program, including mandatory source separation and separate collection of

designated recyclable materials, in order to return valuable materials to productive use, to

conserve energy, and to protect capacity at municipal waste processing and disposal

facilities.

3. DEFINITIONS

3

As used in this Ordinance, the following terms shall have the meaning indicated:

A. "Agent" - one who performs an act for his

immediate family or for another person gratuitously (without any form of monetary or

material compensation therefore).

B. "Aluminum Cans" - empty, all-aluminum beverage and food containers.

C. "Applicant"- a person desirous of being registered as a hauler.

D. "Authorized Collector"- a registered hauler (as defined herein); or

a person who, being so authorized by the terms of this Ordinance, removes

municipal waste or recyclables from his own premises, as owner of the

building or commercial, municipal or institutional establishment or

community activity conducted therein, or as an agent (as defined herein)

of another person.

E. "Bi-metallic Cans"- empty food or beverage containers consisting

of both steel and aluminum.

F. "BOROUGH" Borough of Parkesburg, Chester County,

Pennsylvania.

G. "Composting" - The process by which organic solid waste is

biologically decomposed under controlled anaerobic or aerobic conditions

to yield a humus-like product.

H. "Composting Facility" - A facility using land for processing of

municipal waste by composting of vegetative material, including leaves,

garden residue and chipped shrubbery and tree trimmings and similar

material.

I. "Collector" - a general term referring to any person who collects, for removal from premises, municipal waste or recyclables.

J. "Commercial" - of or pertaining to any wholesale, retail,

industrial, ·manufacturing, transportation, or financial or professional

service or office enterprise, business, or establishment.

K. "Community Activity" - an activity or event sponsored or

organized by a public or private nonprofit organization for recreational,

educational, cultural, or civic purposes, which may be attended by

members of the public, whether or not an entrance or participation fee is

4

charged therefore.

L. "Corrugated Paper" - structural paper material with an inner core

shaped in rigid parallel furrows and ridges, of the type normally used to

make packaging cartons and boxes.

M. "Curbside Collection" - a method of collection of residentially

generated municipal waste and recyclables by which the owners or

occupants of certain residential properties may dispose of their recyclables

by placing them at curbside, at times designated by registered authorized

collectors, for collection and removal by an authorized collector thereof

for delivery to a recycling center.

N. "Disposal" - the incineration, disposition, injection, dumping,

spilling, leaking, or placing of municipal waste into or on the land or water

in a manner such that the municipal waste or a constituent thereof enters

the environment, is emitted into the air, or is discharged to the waters of

the Commonwealth of Pennsylvania.

0. "Disposal Area" - any site, location, area, building, structure,

transfer station, or premises to be used for municipal waste disposal.

P. "Garbage" - all putrescible animal and vegetable matter resulting

from the handling, preparation, cooking and consumption of food.

Q. "Glass Containers" - all empty food and beverage jars or bottles

made from silica or sand, soda ash, and limestone, the product being transparent or translucent (either clear, green or brown), excluding,

however, blue glass, flat glass, plate, glass commonly known as "window glass", automotive glass, and ceramic and porcelain products.

R. "Grass Clippings"- grass collected as a result of lawn mowing.

S. "High-Grade Office Paper" - any white paper other than

newsprint, magazines, or other chemically coated paper or corrugated

paper, of the type commonly used for letter-writing stationery, note paper,

plain paper photocopying machines, computer printers, and other general

purpose paper, whether or not any printed or written matter is contained

thereon.

T. "Institutional" of or pertaining to any establishment engaged in

service to persons including, but not limited to, hospitals, nursing homes,

orphanages, schools, universities, churches, and social or fraternal

societies and organizations.

5

U. "Landlord"- the owner of residential

property or such owner's authorized agent.

V. "Leaf Waste" - leaves and residue thereof.

W. "Magazines"- printed matter, also known as "periodicals", containing

miscellaneous written prices published at fixed or varying intervals,

printed on glossy or chemically coated paper. Expressly excluded are

newspapers and all other paper products of any nature whatsoever.

X. "Multi-Family Housing Property" - a type of residential property

either under single ownership or organized as a condominium or

cooperative form of housing, which contains four or more dwelling units.

Y. "Municipal" - of or pertaining to any office or other property

under the control of any branch or arm of the Federal Government of the

United Stats of America, the Commonwealth of Pennsylvania, or any

political subdivision of the Commonwealth of Pennsylvania including, but

not limited to the Borough of Parkesburg, any counties, cities, Boroughs,

and municipal authorities.

Z. "Municipal Waste" - any garbage, refuse, industrial lunchroom or

office waste and other material including solid, liquid, semisolid, or

contained gaseous material, resulting from operation of residential,

municipal commercial, or institutional establishments and from

community activities, and any sludge not meeting the definition of

"residual or hazardous waste" as defined in the Pe1msylvania Solid Waste

Management Act from a municipal, commercial or institutional water

supply treatment plant, waste water treatment plant or air pollution control

facility. The term does not include source separated recyclable materials.

AA. "Newspaper" - paper of the type commonly referred to as

"newsprint" and distributed at fixed or stated intervals, usually daily or

weekly, having printed thereon news and opinions and containing

advertisements and other matters of public interest. The term

"newspaper" expressly excludes magazines, glossy or other chemically

coated paper, office paper, and any other paper products of any nature.

BB. "Open Burning" (Fire) - a fire in which any solid waste is burned

in the open or in a receptacle other than a furnace or an incinerator

pem1itted by the Pennsylvania Department of Environmental Protection,

or Borough Ordinance.

CC. "Person" - any individual, partnership, corporation, association,

institution, cooperative enterprise, municipality, municipal authority,

6

Federal Government or agency, State institution or agency, or any other

legal entity whatsoever which is recognized by law as the subject of rights

and duties. In any provisions of this Ordinance prescribing a fine,

imprisonment or penalty, or any combination of the foregoing, the term

"person" shall include the officers and directors of any corporation or

other legal entity having officers and directors.

DD. "Plastic Containers"- empty plastic food and beverage containers,

the specific types of which are PET (soft drink bottles) and HDPE (milk

and water jugs, detergent and shampoo bottles) to be designated by

resolution of the Borough Council.

EE. "Processing" - any technology used for the purpose of reducing

the volume or bulk of municipal waste, or any technology used to convert

part or all of such waste materials for off-site reuse. Processing facilities

include, but are not limited to transfer stations, composting facilities, and

resource recovery facilities.

FF. "Recyclables" - Materials designated as recyclable in this

Ordinance, or required by the terms of this Ordinance, any Amendment

hereto. or designated by Resolution of the Borough to be kept separate

from municipal waste and recycled, including leaf waste.

GG. "Recycling" - the collection, separate maintenance, recovery, and

sale or reuse of recyclables which would otherwise be disposed of or

processed as municipal waste, or the mechanized separation and treatment

of municipal waste (other than through combustion) and creation and

recovery of reusable materials other than a fuel for the operation of

energy.

HH. "Recycling Center" - a facility designed to, and which does, act as

a collection center for the processing, storage, and shipment of

recyclables. The term specifically excludes transfer stations and landfills

for solid waste and composting facilities and resource recovery facilities;

and specifically excludes charitable organizations that accept recyclables

for collection but do not process such recyclables.

II. "Registered Hauler" - a person registered

the Borough of Parkesburg to collect, haul,

and dispose of municipal waste and recyclables.

with

transport

JJ. "Residential" - of or pertaining to any dwelling unit used as a

place of human habitation and which is not commercial, municipal,

institutional, or a community activity. Home occupations incidental to the

residential use within a building are considered "residential".

7

KK. "Rubbish"- solid waste exclusive of garbage, (e.g. non-recyclable

glass, metal, paper or plastic) and non-compostable plant material, wood

or nonputrescribe solid waste.

LL. "Scrap Metal" - items constructed completely or in part of metal

and not acceptable for recycling.

MM. "Steel Cans" - empty food or beverage containers made of steel,

tin-coated steel, or other ferrous metal food or beverage containers.

NN. "Storage" -the containment of any municipal waste on a temporary

basis in such a manner as not to constitute disposal of such municipal

waste. It shall be presumed that the containment of any municipal waste

in excess of one year constitutes disposal. This presumption can only be

overcome by clear and convincing evidence to the contrary.

00. "Transportation"- the off-site removal of any municipal waste at

any time after generation thereof.

PP. "Waste" -.a material·whose original purpose has been completed

and which is directed to a disposal or processing facility or is otherwise

disposed of. The term does not include source-separated recyclable

materials or material approved by the Commonwealth of Pennsylvania

Department of Environmental Resources for beneficial use.

QQ. "Yard Waste" -- garden residues, shrubbery and tree tri1nmings and

similar material, but not including grass clippings.

RR. "Yard Waste Composting Facility" - a facility that is used to

compost yard waste.

4. DUMPING/LITTER

It shall be unlawful for any person to store, dump, discard, or deposit, or to permit the

storage, dumping, discarding, or depositing of, any municipal waste or recyclables upon

the surface of the ground or underground within the Borough, except in proper containers

for purposes of storage or collection, and except where the waste or recyclables are of

such size or shape as not to penni!their being placed in such containers. It shall be

unlawful for any person to dump or deposit any municipal waste or recyclables in any

stream or body of water, or on or near any public or private right-of-way within the

Borough.

Every owner of property or occupant thereof responsible for such property's day-to-day operation or maintenance shall pick up and discard in an appropriate receptacle any municipal waste, recyclables, or other debris deposited or accumulated on the sidewalk or

8

gutter in front of or along any street adjacent to such property. All owners or operators of

commercial, industrial, institutional and municipal establishments in the Borough shall

take all reasonable precautions to prevent the deposition and accumulation of debris on

their premises, and in furtherance of that end, shall place appropriate waste containers for

municipal waste and recyclables on the sidewalks in front of or adjacent to their premises

at a point which will not create a hazard to traffic or pedestrians. Any such receptacles so

placed shall be emptied on a regular basis and maintained in a neat and clean appearance.

To the extent that bulky items are being placed for pickup in accordance with the terms of

this Ordinance, such items must be put out for pickup for no more than 24 hours in

advance of pickup and any greater period of time shall constitute dumping or littering in

violation of the terms of this Ordinance.

Nothing contained herein shall prohibit a farmer from carrying out the normal activities

of his farming operations, including composting and spreading of manure or other farm

produced agricultural waste, provided such activities are conducted in accordance with all

applicable laws, rules and regulations.

5. PREPARATION AND STORAGE OF MUNICIPAL WASTE

The storage of all municipal waste shall be practiced so as to prevent the attraction,

breeding, or harborage of insects or rodents and to prevent conditions which may create

potential hazards to the public health or which may create fire and other safety hazards,

odors, unsightliness, or public nuisance.

Any person accumulating or storing municipal waste on private or public property in the

Borough for any purpose whatsoever shall place the same, or cause the same to be

placed, in sanitary closed or covered containers in accordance with the following

standards subject to amendment by Resolution of Borough Council:

A. Containers used for the storage of municipal waste shall be of

metal, plastic or fiberglass construction; rust and conosion resistant,

equipped with lids and waterproof.

B. All garbage shall be drained of excess liquids and wrapped in

paper or be placed in plastic bags before being placed in the waste storage

containers described above, and all ashes shall be free of any burning

material before being deposited for collection. Lids must be closed on the

waste storage containers after garbage is placed in the containers. No

additional garbage will be collected outside the containers.

C. No person, except the occupant of the property on which a waste

container is placed, an authorized registered hauler, and any authorized

employees shall remove the lids of the container and/or remove the

contents thereof.

9

D. All hazardous waste, including but not limited to waste of a highly

infectious or contagious nature, shall not be stored for ordinary collection,

but shall be specially disposed of in accordance with the directions of the

Borough or of any State or Federal authority having jurisdiction thereof.

E. Bulk containers shall not be permitted to overflow or to have waste

strewn or left about them on the ground. A violation of this provision

shall be deemed a violation of this Ordinance by the person on whose

property the bulk container is located, if it is located on private property.

6. REQUIRED COLLECTION AND REGULATION THEREOF

All owners of property within the Borough shall provide for the regular preparation for

removal of all municipal waste generated at such properties in one of the approved marmers set forth herein. ·

A. Owners of multi-family residential housing (in excess of four (4) units),

commercial, institutional or municipal users:

If a person or establishment (being so authorized by the terms hereof) as identified in

Section 6.A above, collects and removes their own municipal waste, they shall do so at a

minimum every fourteen (14) days or at shorter intervals, in order to prevent odors,

vermin or accumulations of refuse or garbage that are unsafe, un-sightly, or potentially

harmful to the public health. Any municipal waste so removed shall be disposed of in

accordance with the requirements of this Ordinance.

B. Owners or occupants of residential housing (less than four (4) units):

Every owner or occupant of residential property and every other person who, or

establishment which, does not collect and remove their own municipal waste (as

identified in Section 6.A above), shall use the collection service provided by the

Borough1

for the regular, scheduled curbside collection and removal of municipal waste

at least once every seven (7) days. Municipal waste shall be prepared for collection aud be collected and removed from such persons' or establishments' property at least once every seven (7) days, except where conditions beyond the control of the registered hauler

prevent it from occuning. Containers for collection of Municipal Waste and Recycling

shall be placed at the curb or along a street, alley, or roadway of sufficient width,

construction design, and height clearance as to permit all collection vehicles used by the

Borough unrestricted access for such collection. Municipal waste for single family

residential dwellings will only be collect.;d from closed waste storage containers not

exceeding 36 gallons in size. No more than three waste storage containers are allowed to

be set out for collection of municipal waste at one time. All waste storage

1 This Section 6.B may also apply to those owners or occupants of residential housing containing greater than four

(4) units who have made application to the Borough and have been approved by the Borough for pickup. Any such

approval shall be at the exclusive and unrestricted discretion of the Borough.

10

containers/recycling bins mav not be placed at the curbside prior to 4 p.m. the nig:ht

before the day of collection. Empty containers must be retrieved from the curbsid.s<

within 18 hours of the collection time. The schedule for collection shall be established bv

Resolution of Borough Council. Empty cans remaining: uncollected for more than 18

hours are to be removed bv the Boroug:h and disposed of by the Borough.

C. General Conditions:

No person other than a registered hauler shall collect or remove municipal waste from

any other person's property. All agreements for collection, transportation, and

disposition of municipal waste other than the collection services provided by Borough

shall be by private contract between the owner or occupant of the property where the

waste is generated and the registered hauler who is to collect such waste and shall require

that the registered hauler supply weigh slips from the appropriate disposal authority to the

Borough establishing the quantity and type of municipal waste or recyclables disposed of

for purposes of the Borough's records.

Nothing contained herein shall be deemed to prohibit any person from hauling municipal

waste on an irregular and unscheduled basis to any facility permitted by the

Commonwealth of Pennsylvania, Department of Environmental Protection, provided that

such hauling shall be in addition to, and not in place of, the regular removal of municipal

waste as required by this section and provided that such is not in violation of any county

or other municipal law or regulation.

Nothing in this section shall modify the requirements in this Ordinance pertaining to

separation and disposal of recyclables. Nothing in this section shall impair the ability of

the Borough to provide a system of placement for removal and public collection of leaf

waste, or the Borough residents to utilize such system of public collection of leaf waste,

notwithstanding anything herein contained to the contrary.

7. TRANSPORTATION OF MUNICIPAL WASTE

Any person transporting municipal waste within the Borough shall prevent or remedy any

spillage and leakage from vehicles or containers used in the transport of such municipal

waste.

All persons authorized to collect municipal waste shall do so in vehicles that are provided

with either closed, covered containers or which have measures taken to prevent leakage

and waste from being blown or falling from the vehicle.

The transfer of waste from one collection vehicle to another may not take place in the

Borough except on private property in those areas of the Borough designated for such

transfer by the Borough. No such transfer may take place on any public right-of-way,

and no such transfer operation may block traffic, create Jitter, or in any other manner

constitute a nuisance, create a health hazard, or violate any other ordinance of the

Borough or provision of statutory Jaw.

11

8. OPEN BURNING

No person shall ignite, cause, feed, permit or maintain any open fire for the destruction of

solid waste or recyclables designated in this Ordinance on any property under his control

except as permitted and regulated by Borough Ordinance No 440, as amended, and the

latest edition of the International Fire Code.

9. PUBLICLITTERBASKETS

The Borough is hereby authorized to provide for collection of municipal waste from

Borough property, to provide public litter baskets on sidewalks in the Borough, and to

dispose of such waste in either a receptacle of a registered hauler or at designated

disposal sites. Such public litter baskets are not to be used for household waste and any

use for this purpose is specifically prohibited and subject to penalties for violation of the

Ordinance.

10. COLLECTORS TO FURNISH NAME AND

OWNERS ADDRESS OF PROPERTY

Upon direction from the Borough, each registered collector shall furnish to the Borough,

on a form to be provided therefor, the name and address of all owners of properties being

serviced by such collector.

11. LEAF WASTE, GRASS CLIPPINGS AND YARD WASTE

Unless otherwise provided for composting, all persons shall keep leaf waste, grass clippings and yard waste separate from each other and from all other forms of municipal

waste and separate from recyclables. Grass clippings should be left on lawn to compost

or be placed in home compost bins for decomposition. Leaf waste shall be set out for collection in a mauner to be designated by the Borough and shall be transported by the

Borough to a leaf composting facility. Yard waste shall also be set out for collection in a manner designated by the Borough . Nothing herein shall require any person to gather

leaf waste or grass clippings or prevent any person from utilizing leaf waste for compost, mulch, or other agricultural purposes.

PART II- RECYCLING

12. SEPARATION OF RECYCLABLES

A. Recyclables shall be kept separate from municipal waste, to the

extent required by the following provisions:

1. Owners and occupants of all residential properties subject

12

to the prov1s10ns of Section 6.B governing the collection of

municipal waste shall keep separate the following recyclables:

clear glass containers, brown glass containers, green glass

containers, plastic containers, aluminum cans, bi-metallic cans,

corrugated paper, newspapers yard waste and leaf waste.

2. Owners and occupants of all commercial, municipal and

institutional establishments and properties and sponsors or

organizers of community activities shall keep separate the

following recyclables: clear glass containers, brown glass

containers, green glass containers, aluminum cans, bi-metallic

cans, plastic containers, corrugated paper, newspapers, high grade

office paper, yard waste and leaf waste.

a. Commercial, municipal and institutional establishments shall

also provide recycling receptacles for patrons' use, such containers

shall be placed in the vicinity of convenient public trash

containers. In addition. those recycling receptacles shall be in

place prior to occupancy. Recycling receptacles shall be clearly

labeled as a recycling container.

3. Additionally the Borough may by Resolution enumerate

additional recyclables, which will be required to be separated from

municipal waste and collected in accordance with this Ordinance.

B. Corrugated paper shall be placed in easy-to-manage bundles not to

exceed fifty (50) pounds and kept dry. Glass containers, plastics, bi

metallic cans and aluminum cans shall be emptied and cleaned.

Aluminum cans, bi-metallic cans, plastics, glass containers, cardboard and

newspaper may be mixed together and placed in containers for collection..

High-grade office paper shall be placed in boxes not to exceed fifty (50)

pounds. Recyclables shall not be placed in the same garbage can or other

container as, or otherwise mixed with, municipal waste for collection,

removal or disposal. Recyclab!es shall not be placed in plastic bags or

other disposable bags or containers made of polyethylene or other similar

base.

C. Recyclables may be set out for collection in a marmer different

from the requirements in paragraph l2.B (above) if an alternative manner

is designated by the Borough.

13. DISPOSAL OR PLACEMENT FOR REMOVABLES

RESIDENTIAL (OTHER THAN MULTI-FAMILY HOUSING

PROPERTIES EXCEEDING FOUR (4) UNITS)

A. For residential properties other than multi-family housing projects

13

exceeding four (4) units, all recyclables which are required to be kept

separate pursuant to Section 12.A, above, shall be placed at the

appropriate location on the premises to be collected at times designated by

the registered hauler. The frequency of such collection shall not be less

than once per month for recyclables and for leaf waste.

14. DISPOSAL OR PLACEMENT FOR REMOVAL OF

RECYCLABLES MULTI-FAMILY HOUSING PROPERTIES

EXCEEDING FOUR (4) UNITS

1. For multi-family housing properties exceeding four (4)

units, all recyclables which are required to be kept separate from

municipal waste pursuant to Section 13.A above, shall either be

delivered to a recycling center, or shall be picked up by a registered hauler separately from municipal waste, in a prearranged

manner.

· ·

-

The landlord of every multi-family housing property shall require, by a clause in the lease

or other enforceable rule or regulation, that the tenants in such property comply with the

requirements of this Ordinance governing separation and disposal or placement for

removal of recyclables in multi-family housing properties. Every such landlord shall set

up a convenient and practical collection system in such properties for the collection,

storage and regular disposal or placement for removal of recyclables generated by the

residents of such properties.

The collection system must include suitable . containers for collecting and sorting materials, easily accessible locations for the containers and written instructions to the

occupants concerning the use and availability of the collection system.

Owners, landlords and agents of owners or landlords who comply with the

aforementioned requirements relative to multi-family housing properties shall not be

liable for the noncompliance of occupants of their building.

15. DISPOSAL OR PLACEMENT FOR REMOVAL OF

RECYCLABLES- COMMERCIAL, MUNICIPAL AND INSTITUTIONAL

AND COMMUNITY ACTIVITIES

All recyclables which are required to be kept separate in commercial, municipal, and

institutional establishments and community activities pursuant to Section 12.A, above,

shall either be delivered directly to a recycling center, or shall be picked up by a

registered hauler separately from municipal waste, in a prearTanged manner.

Commercial, municipal, and institutional establishments and community activities shall

not place recyclables within the public right-of-way for curbside collection, such curbside

collection being intended solely for the placement of recyclables generated in residential

14

properties other than multi-family housing properties.

16. RECYCLING REPORTS FOR RESIDENTIAL AND MULTI

FAMILY HOUSING PROPERTIES, COMMERCIAL, MUNICIPAL AND

INSTITUTIONAL ESTABLISHMENTS AND COM!\1UNITY ACTIVITIES

A. Every residential, commercial, municipal and institutional

establishment and community activity sponsor shall complete a form to be

designated "Recycling Report", to be provided by the Borough, which

shall indicate where the property's recyclables were delivered. Such

report shall provide information on the type and amount of each material

recycled, along with such other information as may be required by

Resolution of the Borough.

B. The "Recycling Report" and all weigh slips obtained from the

facility or facilities to which the recyclables were delivered shall be

submitted at least annually to the Borough. For purposes of submitting

such weigh slips and Recycling Reports annually to the Borough, the

Collector who removed the recyclables from the property shall be the

agent for any person occupying a residential dwelling unit, any landlord,

and any operator of a commercial, municipal and institutional

establishment or the sponsor of any community activity and shall be

responsible for completing and submitting such to the Borough. In lieu of

the "Recycling Report" the Collector who collected the municipal waste

ru1d/or recyclables may report to the Borough on the collector's letterhead,

include the year the recyclables were collected and be signed by an agent

of the Collector's company. There must be separate reporting for

commercial and residential establishments. Each such annual report shall

be submitted on or before the 15th day of the first month of each of the

following calendar year, for the preceding year and further reports may be

required depending upon the reporting requirements of the Borough as

established by Resolution. The annual recycling report (or semi-annual

depending upon the requirements of the Borough) shall contain a list of

the establishments in the Borough, including street addresses, for which

the Collector collected municipal waste 3lld/or recyclables.

C. The report shall give the total weight in tons of municipal waste

and the total weight in tons of each recyclable material collected by the

registered collector in Parkesburg Borough. Weight slips for the waste

and recyclables included in the report shall be made available to the

Borough upon request.

D. Failure to file the required report in a timely manner shall subject

the Collector to penalties provided for in this Ordinance.

15

17. COLLECTION BY UNAUTHORIZED PERSON

From the time of placement for collection of residentially generated recyclable items for

collection in accordance with the terms of this Ordinance, the items shall be and become

the property of the Borough or its authorized agent. It shall be violation of this

Ordinance for any person unauthorized by the Borough to collect or pick up or cause to

be collected or picked up any such items. Any and each such collection in violation

hereof from one or more locations shall constitute a separate and distinct offense

punishable as hereinafter provided.

It shall be unlawful for a person to collect, remove, or dispose of municipal waste which

contains recyclables required by that person to be separated.

18. PRESUMPTION OF OWNERSHIP OF MUNICIPAL WASTE

The presence of any articles containing a person's name among municipal waste or

recyclables shall create a rebuttable presumption, for purposes of this Ordinance, that said

municipal waste or recyclables are the property of the person whose name is found

therein. This presumption can only be rebutted by clear and convincing evidence to the

contrary.

PART III- COLLECTOR'S DUTIES

19. AUTHORIZATION OF COLLECTORS

It shall be unlawful for any person, other than such persons as are duly authorized by the

Borough, to collect and to transport municipal wastes of any nature or recyclables within

or from the Borough. Authorization shall be given only as set forth below.

Authorization to collect, transport, and dispose of municipal waste or recyclables for

persons other than one's self or for whom one is acting f\S an agent (as defined in this

Ordinance) may be given only by the Borough through the issuance of a "Hauler's

Registration". A person who collects municipal waste and/or recyclables shall apply for

and obtain a Hauler's Registration.

All registered haulers shall have an affirmative duty to follow and conduct themselves in

accordance with their current registration, and to service each of their customers in

accordance with the requirements of this Ordinance, as well as the Ordinances and

Regulations of the Commonwealth of Pennsylvania and County of Chester, including any

Ordinance under Act 101 which directs the location of disposal for municipal waste or

recyclables, and any failure of which shall be a violation of this Ordinance.

All applications for such registrations or permits shall be evaluated and approved in

accordance with the following criteria:

A. Hauler's Registration:

16

1. Hauler's Registration may be issued only to those persons

who can comply with the provisions and intent of this Ordinance.

2. Applicants for Hauler's Registration must furnish the

following information on a form to be prescribed and provided

therefore by the Borough.

a. The name, address, and telephone number of the

hauler making application.

b. The vehicle registration number, state of

registration, and the make, model and size of each vehicle

to be used for collection and hauling.

c. A list of all of the applicant's current customers in

the Borough.

d. A certiftcate of the applicant's insurance coverage

certifying the maintenance by the applicant of complete

third-party comprehensive and liability insurance

covering bodily injury and property damage, the limits of

which shall be not less than $500,000/$1,000,000 for

bodily injury and $50,000 for property damage. Listing

Parkesburg Borough as a certificate holder or additional

insured.

e. A certificate of the applicant's Workmen's

Compensation Insurance as required by law. Such

certificate shall list Parkesburg Borough as a certificate

holder or additional insured.

f. Any and all additional information, which the

Borough may request and deem necessary prior to the

issuance of a registration.

3. Hauler's Registration shall be issued on a calendar year

basis, but is subject to the following:

a. The Borough reserves the right to enter into an exclusive

contract for municipal waste and recycling services or to

initiate the public collection of municipal waste and/or

recyclables.

17

4. Conditions relating to Hauler's Registrations:

a. Number of Vehicles: Persons receiving a Hauler's

Registration shall not use more vehicles for the collection

and hauling of municipal waste and recyclables within

the Borough than the number of vehicles listed on the

application and on the registration issued. A registration

applies only to the vehicles listed thereon.

b. Signs: The registered hauler shall have placed on

the doors or each side of the body of each vehicle the

name of the hauler, the telephone number of the hauler's

office or headquarters, and the type of waste being

transported therein (or, if recyclables are being

transported therein, then such to be indicated). The size

of such lettering shall be no less than six (6) inches in

height and clearly legible. Vehicles shall be so marked

within ten (10) days after the commencement of their use

in the Borough.

c. The registered hauler shall be responsible for

maintaining such vehicle for collection in the Borough in

good operating condition to assure that the schedule of

collections can be maintained. The vehicles must be kept

clean and painted so as to present a favorable appearance.

The Borough shall have the right to inspect all vehicles

prior to the issuance of a registration and during the

period the registration is in effect.

d. The registered hauler shall be responsible for the

manner in which his employees perform work pertaining

to collection, hauling and disposal of municipal waste and

recyclables under the terms of this Ordinance.

e. The registered hauler shall comply with the

limitations on hours and frequencies of collection set

forth in Sections 6, 15, and 25 of this Ordinance. In

addition, registered haulers are limited to the collection of

municipal waste or recyclables between the hours of 6

a.m. and 6 p.m.

f. The registered hauler shall pay all costs charged for

the use of any disposal facilities, which he utilizes.

g. The registered hauler shall empty bulk containers

18

(such as dumpsters), which have been provided by them

to their customers, when such bulk containers become

full.

20. REGISTERED HAULERS TO PROVIDE RECYCLABLE

REMOVAL SERVICE FOR COMMERCIAL, MUNICIPAL,

INSTITUTIONAL ESTABLISHMENTS AND PROPERTIES AND FOR

MULTI-FAMILY HOUSING PROPERTIES (EXCEEDING FOUR (4)

UNITS)

Every hauler, as a precondition to being registered to do business within

the Borough, shall be required to provide to its commercial, municipal,

institutional and multi-family housing property customers the service of removing

recyclables from their properties. Any such recyclables so removed by registered

haulers shall be kept separate from municipal waste and shall be taken to a

recycling center for the purpose of recycling. Registered haulers shall take all of

their customers' recyclable materials to a recycling center for the purpose of

recycling.

21. REGISTERED HAULERS NOT TO ACCEPT UNLAWFULLY

DISPOSED-OF RECYCLABLES

No registered hauler shall accept, pick up, or remove any bag or other container of

municipal waste which the hauler knows, or has reason to believe, contains recyclables

required to be separated. Upon discovery of such recyclables combined with municipal

waste placed at curbside or otherwise placed for pickup, the hauler shall affix a tag or

sticker to the container containing the recyclables (which tag or sticker will be provided

by the hauler), retain a duplicate for his records, and deliver a triplicate to the designated

office of the Borough within 48 hours. When the hauler utilizes a tag or sticker pursuant

to this section, he shall fill. in the information requested thereon, including the address at

which the container is located and the reason which led him to know or believe the

container contained recyclables (e.g. he saw newspaper or he heard bottles rattling). The

hauler shall leave such container with the tag or sticker placed thereon where he found it.

22. UNLAWFUL TO TER.J.\1INATE SERVICES OF REGISTERED

HAULER FOR COMPLIANCE WITH THIS ORDINANCE

No person shall terminate the services of a registered hauler because of

such hauler's compliance with the requirements set forth in Section 21 above.

23. REGISTERED HAULERS TO PROVIDE BULKY ITEMS REMOVAL SERVICE

All registered haulers doing business within the Borough shall make available to their

customers the service of removal of "bulky items" not less frequently than once per year.

24. COMPLAINTS

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All complaints regarding collection of recyclables or solid waste shall initially be

reported to the authorized Collector. Any reasonable complaint shall be given prompt

and courteous attention by the authorized Collector. In the case of missed collection, the

authorized Collector shall collect from the missed collection site not later than twenty

four (24) hours after the complaint is received. Any complaint which the authorized

Collector fails to resolve shall be reported in writing to the Borough.

25. COMMUNITY ORIENTATED CHARITABLE ACTIVITIES

Nothing contained herein shall impair or prohibit any recognized ClV!C, fraternal,

charitable or benevolent organization, association or society from undertaking or

sponsoring voluntary programs or projects involving the collection of recyclables from

the public. Any such collection activity can only occur prior to the recyclable material

being placed at curbside or similar location for collection by an authorized Collector.

Prior to initiating such activity the organization shall obtain authorization from the

Borough.

Nothing herein shall be deemed to prohibit any person from donating or selling any

recyclables to individuals or orgar izations unless or until such recyclables are placed at

curbside or similar location for collection by an authorized Collector.

PART IV- MISCELLANEOUS PROVISIONS

26. NON-INTERFERENCE WITH EXISTING CONTRACTS

A. Nothing contained in this Ordinance shall be construed to interfere

with or in any way modify the provisions of any existing contracts which

are in force in the Borough of Parkesburg on the effective date of this

Ordinance.

B. No renewal of ary existing contract upon the expiration of the

original term thereof and no new contract for the collection, storage, transportation, processing and disposal of recyclables shall be entered into

after the effective date of this Ordinance, unless such renewal or such

contract shall conform to the requirements of this Ordinance.

27. FEES CHARGED BY BOROUGH FOR TRASH PICKUP

A. The Borough Council shall by Resolution set fees for trash pickup

undertaken by the Borough pursuant to the terms hereof which currently

are established as $70.00 per quarter perresidential unit or other unit

subject to a 25% late fee or penalty if not paid within the month of billing.

B. The Borough Council shall by Resolution set fees for bulk trash

20

pickup undertaken by the Borough. Pursuant to the terms hereto which are

currently established as $10.00 per item capable of being picked up by one

employee, $25.00 per item requiring two employees to pick it up, (such as

a couch, large chair or the like) and a $40.00 dollar fee for any bulk trash

item containing refrigerant.

C. Scrap Metal items will fall under bulk item rates.

D. Dumpsters placed on the street for bulk

Are subject to fees more specifically set forth in

Borough's Parking Ordinance, Ordinance 378,

(Regulation 3) currently in effect, and as may be

amended by appropriate Ordinance and/or

pickup

the

Resolution.

28. REGISTERED HAULERS TO PAY ANNUAL INSPECTION FEE

Any Registered Hauler regulated by this Ordinance shall be required to pay an

annual fee to the Borough to cover the costs of inspecting the safety, cleanliness of its

equipment and review of and inspection of such Registered Hauler's operational

compliance with the requirements of this Ordinance in an amount initially established to be

$75.00 per year, and which is thereafter to be amended .and set by Resolution of Borough Council. ·

29. PROPERTIES WITH UNSAFE ACCESS SUBJECT TO REQUIRED PRIVATE HAULER SERVICE BY RESOLUTION OF BOROUGH COUNCIL.

In the event it shall be established to the satisfaction of the Borough Council, in

Borough Council's exercise of its discretion, that trash pickup and recycling pickup are

unsafe at a particular location (taking into consideration such factors as, but not limited to,

an inadequate clearance for the trash truck, inadequate road width, inadequate room to

negotiate (including turn-around if necessary), lack of proper road maintenance, Jack of

snow plowing, etc., (conditions often present in circumstances of undedicated private roads,

streets or alleys)), then, the Borough Council may by appropriate resolution determine that

property owners in such location shall, upon notice by the Borough Council, be required to

establish private hauler service for such location until identified conditions are addressed

to remove the basis for discontinuing such service.

30. VIOLATION AND PENALTY

A. No person shall violate any portion ofthis Ordinance.

B. Prosecution under this Ordinance shall be instituted by any

Borough official, and shall be filed in the name of the Borough of

Parkesburg, Chester County, Pennsylvania.

C. Enforcement shall be by an action brought before a Magisterial

21

District Judge in the same manner as provided for the enforcement of

summary offenses under the Pennsylvania Rules of Criminal Procedure.

The Borough Solicitor may assume charge of the prosecution without the

consent of the District Attorney as required under Pa.R.Crim.P. No. 454(c)

(relating to trial in summary cases).

D. Any person violating any of the provisions of this Ordinance shall,

upon summary conviction thereof by any Magisterial District Judge, be

sentenced to pay a fine of up to $500.00. Each day that a violation exists

shall constitute a separate offense. In default in the payment of any fine

imposed hereunder, the defendant shall be sentenced to jail for a period

not exceeding thirty (30) days.

E. All fines and penalties collected for any violation of this Ordinance

shall be paid to the Borough Treasurer.

F. In addition to or in lieu of an enforcement action before a

Magisterial District Judge, the Borough may enforce this ordinance in

equity. In the event an abatement notice has been issued, which is being

violated, or in any other appropriate circumstance, any Borough official is

hereby authorized on behalf of the Borough to institute an action in equity

for an injunction to enforce compliance herewith and/or to restrain

continuous violations of this Ordinance.

G. For purposes of this section, the doing of any act or thing

prohibited by any provision of this Ordinance, or the failure to do any act

or thing as to which any provision of this Ordinance created an affirmative

duty, shall constitute a violation of the Ordinance, punishable as herein

stated.

31. SEVERABILITY

The provisions of this Ordinance are severable, and if any section, clause, sentence, part

or provision hereof shall be held illegal, invalid or unconstitutional by any court of

competent jurisdiction, such decision of the court shall not affect or impair m1y of the

remaining sections, clauses, sentences, parts or provisions of this Ordinance. It is hereby

declared to be the intent of the Board that this Ordinance would have been adopted if

such illegal, invalid, or unconstitutional section, clause, sentence, part or provision had

not been included herein.

32. ORDINANCE NUMBERS 333, 361, 369, 373, 374 377 AND 381 REPEALED

The prior Ordinm1ces No. 333, 361,369,373, 374 m1d 381 all

enacted by the Borough and m1y prior Ordinances as referenced therein addressing

the issue of trash, as well as

Ordinance 377 (addressing Recycling) are repealed and replaced

22

by the terms of this Ordinance.

33. EFFECTIVE DATE

This Ordinance shall become effective immediately upon passage.

THIS ORDINANCE IS ORDAINED AND ENACTED THIS ,2010.

BOROUGH COUNCIL

Melinda Keen, President

Parkesburg Borough Council

ATTEST

Wendy A. Keegan, Borough Secretary

DAY OF

Approved By: Dated: _

John P. Hagan, II, Mayor

ORDINANCE NO. 490

BOROUGH OF PARKESBURG

CHESTER COUNTY, PENNSYLVANIA

AN ORDINANCE REPLACING AND SUPERCEDING ORDINANCE 448 OF

THE BOROUGH OF PARKESBURG TO REQUIRE THE REMOVAL BY

THE OWNER OF THE PROPERTY IN THE BOROUGH OF PARKESBURG

ABUTTING ON PUBLIC SIDEWALKS OF ACCUMULATIONS OF SNOW

FROM THE SIDEWALKS ON THE PROPERTY OWNED OR OCCUPIED

BY THEM AND PROVIDING FOR AMENDMENT BY RESOLUTION.

BE IT ORDAINED AND ENACTED by the Mayor and the Council of the Borough

of Parkesburg, Pennsylvania, and it is hereby ordained by the authority of the same:

SECTION I. That from and after enactment of this Ordinance it shall be the duty of the owner or occupant of all occupied, unoccupied and leased property to remove, at his or her expense, all snow or ice from the sidewalks abutting on the property occupied or owned by him or them within a period of the first thirty-six (36) hours after the cessation of a fall of snow, hail or sleet, or the lifting of a snow emergency the Borough had issued. Residential units under construction or under control of a developer will remain the responsibility of the developer to clear and maintain the property. ·

SECTION II. The snow, hail or sleet shall be removed from the sidewalk or

pavement abutting the property a minimum width of twenty-four (24) inches. Snow packed or frozen surfaces must be treated with salt, sand, aggregate or chemicals to a width of twenty-four (24) inches and kept clear of drifting, pushed or plowed snow and any other cause of accumulation blocking the twenty-four (24) inch path or full sidewalk width. Any person who deposits snow back into the street after plowing is in violation of this Ordinance. Any snow, hail or sleet that is removed from properties shall not be shoveled, blown or deposited on or into the paved or improved portion of any street or alley that is open to motor vehicle traffic.

SECTION Ill. Any singular pronoun herein shall be taken and deemed to refer to

either the masculine or feminine gender in any case in which a corporation shall be the owner or lessee of any premises the duty of complying herewith shall be upon the principal officer or manager immediately in charge thereof.

SECTION IV. The Chief of Police of Parkesburg or his designee is hereby

designated as a proper officer to file a complaint against the persons violating this Ordinance, serve any notice(s), or to prosecute any violations on the proper persons. At the time the violation is found, the Chief of Police or his designee will attempt to notify the occupant of any property in violation by personal contact or printed notice posted in a conspicuous place on the property in question listing the Violation time, date and corrective action needed. Any contact with any occupant does not relieve the property owner as the person responsible for the property.

SECTION V. Non-compliance with the provisions of this Ordinance may result in clearing of the walkway(s) by the Borough, its employees, or designated contractors at the

expense of the occupant and/or owner of applicable property(ies). Such action will not preclude, exempt or otherwise waive the enforcement of any and all penalties for

non-compliance by the Borough for any prosecutions of this Ordinance. The Borough of Parkesburg may collect the amount due by Suit in Assumpsit or by filing liens against the property owner, or in any other manner authorized by law.

SECTION VI. Any persons violating the provisions of this Ordinance shall, upon

summary conviction by the Magisterial District Judge in said Borough, be fined the sum of not less than Fifty Dollars ($50.00), nor more than Three Hundred Dollars ($300.00) for each and every offense, or upon failure to pay such fine and costs, shall suffer

imprisonment in the jail of Chester County for a period not exceeding thirty (30) days.

SECTION VII. Each and every thirty-six (36) hour period set forth in this Ordinance

in which violation of this Ordinance is persisted in shall be a separate and distinct offense punishable as above set forth.

SECTION VIII. The Borough Council recognizes that changes to this Ordinance

may be necessary from time to time to address changes in circumstances and does hereby authorize amendments to this Ordinance by means of Resolution, duly enacted by the Borough Council.

SECTION IX. All other Ordinances inconsistent herewith are hereby rescinded

including Ordinance No. 448 which is replaced and superceded hereby.

EFFECTIVE DATE: This Ordinance shall become effective immediately upon enactment.

ORDAINED AND ENACTED by the Council of the Borough of Parkesburg in a public

meeting held this 'l/.5-1- day of r--t--hrUfi.r' ' 2011. .

PARKESBURG BOROUGH COUNCIL

ATTEST:

(A)/?(]_ / f.. KEEGJI: , Secretary

Approved this '21 + day of '2011.

ORDINANCE NO. 492



AN ORDINANCE AMENDING ORDINANCE NO. 477"THE PARKESBURG

RENTAL SPACE ORDINANCE" TO ESTABLISH A TWO (2) YEAR

PERMIT, PROVIDE FOR A "PASS/FAIL" INSPECTION PROCESS;

IDENTIFY AND PROVIDE REMEDIES FOR "DISRUPTIVE CONDUCT";

REQUIRE THAT ALL RENTAL AGREEMENTS BE CONSISTENT WITH

THE ORDINANCE; REQUIRE A LOCAL OWNER OR AGENT TO BE

IDENTIFIED IN ANY LEASE AND PROVIDE NEW DEFINITIONS

CONSISTENT WITH SUCH CHANGES

The Council of the Borough of Parkesburg, Chester County, Pennsylvania, hereby

ORDAINS that the PARKESBURG RENTAL ORDINANCE NO. 477 IS AM-ENDED TO

READ IN ITS ENTIRETY AS FOLLOWS:

The title and all provision set forth therein, are deleted in their entirety and replaced

with the following:

1. TITLE

This Ordinance shall he known as the "Parkesburg Rental Space Ordinance, as

Amended."

A PURPOSES: It is recognized that in the Borough of Parkesburg,

certain Rental Units as identified hereinafter, have not been properly

maintained in accordance with applicable rules and regulations and, as a

result, have, in instances, been unsightly, unsanitary and subject to

overcrowded living conditions, which such conditions are not as prevalent

with respect to owner-occupied residential houses such that the Borough, out

of concern for the health, safety and welfare of the community, has

determined that it is important to regulate Rental Unit(s) to assure that they

are properly cared for and maintained in accordance with all operable rules

and regulations and that there are procedures for inspections, as needed.

2. DEFINITIONS AND INTERPRETATION

A. In this Ordinance, the following terms (which are identified in this

Ordinance by use of first letter capitals) shall have the meanings indicated

in this Section:

Application: An application for a Permit, filed with the Borough by the

Property Owner, pursuant to this Ordinance.

Board: The Rental Space Review Board established pursuant to this Ordinance.

Borough: The Borough of Parkesburg, Chester County, Pennsylvania.

Borough Secretary: The person appointed as the Borough Secretary by Council.

Building Code: The Borough's Building Code as the same may be amended

from time to time.

Building Permit: The building permit required by the Borough's then-current

Building Code.

Code Officer: The Borough Manager, Secretary or other person designated

by the Borough Manager to act as Code Officer to inspect pursuant to and

enforce this Ordinance.

Council: The Council of the Borough.

Dwelling Unit: One or more rooms, in a building, designated, used or

intended to be used as a single and separate unit, with its own sleeping

area(s), and cooking and sa.nitation facilities, occupied or to be occupied by

one or more persons living as a housekeeping unit.

Disruptive Conduct: Any act by an Occupant of a Residential' Rental Unit

or by a person present at a Residential Rental Unit that:

(1) is so loud, untimely as to the time of day, offensive and/or

nuisance causing that it unreasonably interferes with the peaceful

enjoyment by other persons of their premises or causes damage to

property that is owned by others;

(2) involves music or noise this is disruptive to persons occupying

a different dwelling unit;

(3) involves music that is audible from a street, sidewalk or

dwelling from a minimum distance of fifty feet away from where the

sound is originating;

(4) is the subject of a criminal citation for "disorderly conduct"

under the Pennsylvania Crimes Code;

(5) is the subject of a criminal citation under the Pennsylvania

Crimes Code or the Pennsylvania Liquor Code;

(6) involves the illegal possession of a controlled substances or

drug paraphernalia as defined by the Crimes Code or the Controlled

Substance, Drug Device and Cosmetic Act.

It is not necessary that such conduct, action, incident or behavior

constitute a criminal offense, nor that criminal charges be filed against

any person in order for said person to have perpetrated, caused or

permitted the commission of Disruptive Conduct, as defined herein,

provided, however, that no Disruptive Conduct will be deemed to have

occurred unless a police officer shall investigate . and make a

determination that such did occur, and keep written records, including

a disruptive conduct report, of such occurrence. The Occupant and

the Owner or, if applicable, the Responsible Agent shall be notified of

any such occurrences, in writing.

A domestic violence victim with a protection from abuse order shall

not be subject to a disruptive conduct report if the police officer

determines, after investigation, that the behavior complained of is the

result of domestic violence.

Disruptive Conduct Letter: A letter from the Borough advising that a

Disruptive Conduct Report has been filed and containing information

including the following: the date and time of the occurrence, a description of

the conduct, and information regarding rights to appeal a finding of disruptive ·

conduct.

Disruptive Conduct Report: A written report of disruptive Conduct to be

completed by a police officer, which shall be maintained by the Bureau of

Police.

Notice of Appeal: A Notice of Appeal filed with the Borough pursuant to this

Ordinance.

Notice of Hearing: A Notice of Hearing to be held by the Board pursuant to

this Ordinance.

Notice of Violation ("NOV''): Any Notice of Violation given by the Code

Officer pursuant to this Ordinance.

Octorara Area: Area serviced by the Octorara Area School District.

Ordinance: This Ordinance.

Owner: Any person, agent, operator, property management group, housing

authority or fiduciary having legal, equitable or other interest in any real

property; as recorded in the official records of the state, county or

municipality as holding title to the real property; or otherwise having control

of the real property, including the guardian of the estate of such person and

the executor or administrator of such person's estate. When used in this

Ordinance in a clause proscribing any activity or imposing a penalty, the term

as applied to partnerships and associations, shall mean each general

partner; as applied to corporations, the officers thereof; and as applied to

limited liability companies, the members and any managers thereof. All

penalties shall apply to the identified property owner or owners of the

property in question regardless of the designated agent acting on behalf of

the property owner or any one else identified herein as the "Owner". This

clarification is provided to assure that any judgment obtained under this

Ordinance can be imposed as a lien on the property at issue.

Owner Occupied Dwelling: A building with one Dwelling Unit or a

residential condominium unit owned, in whole or in part, by one or more of

the occupants and exempt from the terms of this Rental Space Ordinance.

Permit: A Rental Occupancy Permit issued by the Code Officer pursuant to this Ordinance.

Person: Any individual.

Regulations: Regulations, adopted pursuant to this Ordinance; to implement this Ordinance (the use of "regulations" in the lower case is not this term).

!Rental Unit: A Dwelling Unit or Rooming Unit.

Residential Rental Occupancy License: a document issued every two (2)

years by the Code Officer of the Borough of Parkesburg to the owner,

operator, responsible agent or manager of a residential rental unit certifying

the unit as Licensed for being rented. Such License is required for lawful

rental and occupancy of. residential rental units, unless a Code Officer

certifies that violations of the applicable codes are being corrected, or is a

registered rental unit awaiting inspection. Whenever the word "License" is

used herein, it shall mean "Residential Rental Occupancy License" as

defined by this paragraph.

Residential Rental Property: Any parcel of real estate, including land and

all buildings and appurtenant structures and dwellings thereon that contain

therein one or more Residential Rental Units. Whenever the word "Property"

is used herein it shall mean "Residential Rental Property" as defined by this

paragraph.

/ Residential Rental Registration: The document issued by the Borough of

Parkesburg to the owner, operator, responsible agent or manager of a

residential rental property evidencing the existence of said residential rental

property: A Residential Rental Registration shall be required for lawful re.ntal

and licensing of residential rental units contained in said property.· Rental

registration does not warrant the proper zoning habitability, safety, or

condition of the residential rental unit in any way. Whenever the word

"Registration" is used herein, it shall mean "Residential Rental Registration"

as defined by this paragraph.

1Residential Rental Unit: A rooming unit; or a dwelling Jet for rent; or a

residential unit occupied by any persons other than are occupied solely by

the Owner and members of the Owner's family. Each individual townhouse

dwelling; each individual apartment unit, each individual unit in a multi-family

building, each individual unit in a two-family dwelling, and each rooming unit

shall be considered a separate residential rentalunit. A residential rental unit

shall riot include a hospital room utilized for medical services. Whenever the

word "Unit" is used herein, it shall mean "Residential Rental Unit" as defined

by this paragraph.

Responsible Agent or Manager: Any person or entity who or which aids

in the rental of residential Property or who takes responsibility for the care or

supervision of the Property, including responsible agents as· defined by the

Borough's Ordinances.

/Rooming House: A building or part of a building withtwo or more Rooming

Units.

/Rooming Unit: Any room or group of rooms occupied or intended to be

occupied by one or more persons for sleeping or living, but not a Dwelling

Unit.

Tenant: An occupant of a Unit with whom a legal relationship with the owner

is established by a lease or other enforceable agreement under the laws of

the Commonwealth of Pennsylvania.

Violation(s): A violation and/or non-compliance with the requirements of this

Ordinance, the Regulations and/or any other applicable Borough regulation.

B. Whenever an "Owner" is required to do something pursuant to this

Ordinance, all Owners shall have the duty jointly and severally.

C. Whenever the phrase "pursuant to this Ordinance" is used with

respect to a requirement, it shall mean, unless the context clearly indicates

otherwise, pursuant to this Ordinance, the Regulations and any

Determination and/or order of the Code Officer.

lo. Any wording of "Owners" shall also mean the "Manager" or "Agent"

who reside within a twenty-five (25) mile radius, in the event that the "Owner"

resides outside of a twenty-five (25) mile radius. In all events, there must

be a "Manager" or "Agent" within a twenty-five (25) mile radius responsible

for the property.

3. RENTAL OCCUPANCY PERMITS

/A. Permits Required Current valid Permit, for the effected Rental Unit(s), is required:

1(1) for each Rental Unit, prior to the expiration of the current va!kl Permit; and ·

i'(2) for conditioned occupancy of any Rental Unit after the Permit .

for that Unit has been revoked and any period for achieving a new

Permit for that Unit, as established by the Code Officer, has elapsed.

,.B. Duration of Permit

.r (1) Each Permit for a Rental Unit, shall expire automatically 2

years after it is initially issued and with every change in occupancy,

"'(2) A Permit shall become invalid if and when revoked, by the

Code Officer, pursuant to the Code Officer's written determination.• issued to the Owner, that the Rental'Unit for which the Permit was issued is no longer compliant with the applicable Borough Property Maintenance Code and/or Building Code.

/ C. Application for Permit

/(1) The Owner(s) of the property where a Rental Unit requiring a

Permit is located is/are responsible, jointly and severally, for filing an

Application to the Borough for the Permit, which Application must comply with all the requirements, established pursuant to this Ordinance, and any applicable Regulation, for such Applications.

/(2) All Applications shall be in writing, shall use the Borough's

form, shall provide all the information required pursuant to this

Ordinance and shall be accompanied by the required fee. The

Borough shall have no duty to process any Application without the

required fee.

/ (3) The information to be ·provided, by the Owner, with the

Application, shall include:

/(a) the street address of the property where the Rental Unit

to be permitted is located, the Chester County uniform parcel

identifier number for that property and any street address

separately identifying the Unit itself;

/(b) the number of Rental Units located on the property;

..--(c) the name and mailing address of the Owner(s), Agent

or Manager of the property to which notices should be sent

pursuant to this Ordinance;

>!'{d) the number and names of all occupants in all Rental

Units who will occupy the Unit pursuant to the requested

Permit, once a year prior to February 28th and after the change of occupants in each single Rental Unit which such

information shall be kept current with any changes in the names and numbers of tenants supplied by the Owner in supplemental filings within (10) ten days after any change in

circumstances;

(e) the application must include an appropriate addendum to any lease, or must incorporate into the lease, provisions which establish that the Lease cannot and shall not contain any language that is contrary to the provisions of this Ordinance (or which seek to shift responsibilities away from the obligations imposed· upon the Owner pursuant to this Ordinance); and,

(f) all information required pursuant to the Regulations.

D. Requirements for Issuance of Initial Permit

The Code Officer shall issue the Initial Permit for the Rental Unit when:

(1) the required Application has been filed with the Borough; .

(2) all the required Fees have been paid in full;

(3) the property i[l question is not subject to any outstanding Borough fees or bills owed to the Borough;

(4) the Rental Unit has been inspected on a "pass or fail" basis and receives a passing inspection. ·

/E. Denial of Permit

If, there is an outstanding Notice of Violation with respect to any

Rental Unit and there has, .accordingly, been an inspection by the

Code Officer, as a result of which the Code Officer has determined

that the Permit should not be granted, due to any condition(s) that

does/do not comply with applicable regulations, the Code Officer shall

issue, to the Owner, a written determination identifying the

non-compliant condition(s) and ordering that compliance be achieved

in a timely manner. The Owner shall comply with all such orders.

Provided, however, that the Owner may appeal any such order to the

Board, but only as provided in this Ordinance, no such appeal shall

relieve the Owner of the immediate duty to correct dangerous and/or

nuisance conditions.

F. Effect of Permit

The issuance of a Permit, for a Rental Unit which is not new

construction, is based upon inspection of conditions readily

observable. A Permit does not constitute the Borough's representation

that there is no condition, at the inspected premises, which violates

applicable Borough regulations. The Borough's ability to enforce

compliance with its regulatrons, with respect to conditions existing at

the time any Permit is issued, is not limited by the issuance of the

Permit or any reliance thereon.

4. ADMINISTRATION, INSPECTION AND ENFORCEMENT

A. The Code Officer shall administer and enforce this Ordinance and the

Regulations.

r8. The Code Officer is hereby authorized to inspect to determine the

condition, occupancy, number of occupants, use and/or compliance, of any

and all Rental Units, with this Ordinance, the Regulations and other

applicable Borough regulations including the failure to pay trash and

recycling removal costs.

/C. The Code Officer is authorized to issue Permits, revoke Permits and

issue determinations of non-compliance with this Ordinance, the Regulations

and other applicable Borough regulations; to issue orders compelling such

compliance; and to file and prosecute legal and equitable action to compel

such compliance.

D. Search Warrants

If entry to any property, building or Rental Unit, for the purpose of

inspection, is denied to the Code Officer, the Code Officer may apply

to the appropriate authority for an administrative seafch warrant.

Without limitation, when denied access, the Code Officer may request

a warrant for the following reasons:

(1) the inspection is part of a systematic inspection, permitting and enforcement program;

(2) the affiant has knowledge of or probable cause to believe that

there is an existing or potential violation of applicable Borough regulations, in the Rental Unit; and/or

(3) the entry is necessary for the purpose of re-inspecting a violation of a Borough regulation previously observed by the Code Officer and which the Code Officer ordered to be corrected.

No search warrant is required if an imminent danger to health and safety exists, or the Code Officer has probable cause to believe that dangerous conditions exists and an inspection is required to determine if an inherent danger to health or safety exists.

E. Emergency Order

If the Code Officer determines that, within any residential premises,· an emergency condition exists which requires immediate action to

protect the public health, safety and/or welfare, the Code Officer may issue a Determination declaring the existence of such emergency condition and an Order requiring the action necessary to be

undertaken by any Owner to correct such condition effectively and immediately. The owner may file an Appeal of any such Order with

the Board, but any such Appeal shall neither serve as nor have the effect of a supersedeas.

/5 ENFORCEMENT, SERVICE OF NOTICES AND ORDERS

"' A. Whenever the Code Officer believes, or has cause to believe, that a

violation of this Ordinance, any Regulations or any other Borough regulations

(including but. not limited to the Property Maintenance and Building Codes) exists, the Code Officer shall give written notice to the Owner that an

inspection is required and the Owner shall promptly schedule the inspection.

IB. If the Code Officer determines that a Violation exists, the Code Officer

shall first attempt to mediate the issue for a period of no greater than seven

(7) days with the Borough Manager assigned as the Mediator, and thereafter

the Code Officer (unless the problem has been resolved), shall issue a

Notice of Violation to the Owner. which Notice shall:

(1) state the nature of the violation;

(2) identify the regulation violated;

(3) identify the date the notice is issued; and

(4) include an Order requiring correction within a specified time.

The Notice of Violation may contain other requirements for compliance as

well as any other pertinent information or statements which the Code Officer

deems appropriate under the circumstances including, with the landlord's

consent, a requirement that the Use and Occupancy Permit for the Rental

Unit be revoked.

/C. Service of Notice

(1) .. Service of a Notice of Violation, issued by the Code Officer,

shall be made by both regular first class mail, postage prepaid, and

certified mail, return receipt requested, requiring a receipt signed by

any person identified as the Owner or the Owner's authorized agent

as identified on the Application or by subsequent written notice from

the Owner to the Borough Secretary. Service of the NOV shall be

complete upon delivery. If an NOV served by certified mail is-returned

with the notification by the U.S. Postal authorities that the addressee

failed to claim the NOV, refused to accept the NOV, or that the NOV

was undeliverable, and the NOV mailed by first class mail has not

been returned within fifteen (15) days of mailing, the NOV shall be

deemed effectively served at the end of said fifteen (15) day period.

(2) If both mailed NOV's are returned as either unclaimed,

unaccepted or undeliverable, the Borough shall attempt to serve the

NOV personally upon any adult occupant of the Rental Unit which is

the subject of the NOV and the NOV shall also be affixed to the

exterior of the room or building in which the Rental Unit is located.

(3) An NOV personally served on the Owner shall be effective

immediately for all purposes.

6. REGULATIONS

The Code Officer may prepare and recommend to Council such Regulations

as the Code Officer determines necessary or appropriate for the

implementation and administration of this Ordinance. Before any such

Regulations become effective, they must be approved by Council by written

Resolution.

7. DUTIES OF OCCUPANT

This ordinance shall not be construed as diminishing or relieving the

responsibility of Occupants or their Guests for their conduct or activity. The

Occupant(s) shall not engage in, nor tolerate, nor permit others on the

Property to cause damage to the Unit or engage in disruptive conduct. It

shall be the duty of each Occupant of a Unit to:

A Comply with all obligations of this Ordinance and all applicable codes

and Borough ordinances, as well as all state laws and regulations.

B. Conduct himself/herself and require other persons, including, but not

limited to, guests on the Property and within their Unit with their consent, to

conduct themselves in a manner that will not disturb the peaceful enjoyment

of adjacent or nearby dwellings by people occupying the same.

C. . No engage in, npr tolerate, nor permit others on the Property to cause

damage to the Unit or engage in Disruptive conduct, or other violations of the

ordinante, Borough ordinances, or applicable state laws. ··

D. Use the trash and recyclable collection services provided by the

Owner.

E. Use the Unit for no purpose other than as a residence or as permitted

by the Borough Zoning Ordinance.

F. Maintain the Unit in a manner meeting all requirements for Occupants

of structures set forth in the Codes.

G. Allow the Code Officer to inspect the Unit in accordance with this

ordinance at reasonable times.

H. Not allow persons other than those identified on the lease to reside in

the Unit.

I. Not allow the Unit to be occupied in a way that conflicts with Borough

Zoning Ordinance.

J. No permit the possession of, serving to or consumption of alcoholic

beverages by underage persons.

8. DISRUPTIVE CONDUCT

A. Police Officers may investigate alleged incidents of Disruptive

Conduct. A police Officer shall complete a Disruptive Conduct Report upon

a finding that the reported incident constitutes Disruptive Conduct as defined

herein. The information filed in the Disruptive Conduct Report shall include,

if possible, the identity of the alleged perpetrator(s) of the Disruptive Conduct

and the factual basis for the Disruptive Conduct described in the Disruptive

Conduct Report.

B. A Disruptive Conduct Letter shall be given or mailed to the Occupant

and mailed to the Owner or, if applicable, the Responsible Agent, within ten

(10) working days of the occurrence of the alleged Disruptive Conduct.

C. The Occupant or the Owner or, if applicable, the Responsible Agent

shall have ten (10) working days from the date of mailing of a Disruptive

Conduct Letter to appeal the Disruptive conduct Report. The appeal shall be

made in writing and submitted to the Borough Manager.

D. After three (3) Disruptive Conduct incidents documented by Disruptive

Conduct Reports in any twelve (12) month period involving an Occupant or

Person present at the Unit, the Owner or, if applicable, the Responsible

··Agent shall have ten (10) working days from the date of the mailing of the

third Disruptive Conduct Letter to begin eviction proceedings against the

Occupants. Owner/Agent must submit a copy of the document indicating the

eviction process has begun to the Borough Manager. Failure to take such

action will result in the immediate revocation of the License. The Unit

involved shall not have its License reinstated until the reinstatement fee is

paid the disruptive Occupants have been evicted, the Magisterial District

Judge has ruled in the Occupant's favor, the Magisterial District Judge has

ruled in the Owner's favor but has not ordered the eviction of the

Occupant(s), or the Occupants have filed an appeal to a higher court or

declared bankruptcy, thereby preventing their eviction. The disruptive

Occupants, upon eviction, shall not reoccupy any Unit on the same Property

involved for a period of at least one (1) year from the date of eviction. This

subsection is not intended to limit or inhibit the Owner and, if applicable, the

Responsible Agent's right to initiate eviction actions prior to the issuance of

the third Disruptive Conduct Letter in a twelve (12) month period.

E. The Disruptive Conduct Report shall count against all Occupants of

the Unit. More than one (1) Disruptive Conduct Report filed against the

Occupants of a Unit in a twenty-four (24) hour period shall count as a single

Disruptive Conduct Report for the purpose hereof. The Borough Manager

shall maintain a list of the names of all Occupants evicted as a result hereof.

The names shall remain on the list for a period of five (5) years.

9. DUTIES OF OWNER

A The Owner Of each Rental Unit shall file the requisite Application by

January 1, 2007, and thereafter sixty (60) days prior to the expiration of the then-current Permit.

B. The Owner of each Rental Unit shall maintain the Unit and all

common areas used by the occupants of the Unit and all facilities servicing

the Unit and the building in which and the property on which the Unit is

located in compliance with all applicable regulations at all times.

/c. The duties of the Owner shall be to receive notices and

correspondence, including service of process from the Borough; to arrange for the inspection of the Rental Unit(s) in the event that the Code Officer has identified a need for inspection due to alleged violations at that Rental Unit(s); to do or arrange for the performance of maintenance, cleaning, repair, pest control, etc. and insure continued compliance of the Rental Unit(s) with the current Codes, Building Codes and Zoning Ordinance in effect in the Borough.

D. No Dwelling Unit shall be occupied, knowingly by the Owner, by a number of persons that is in excess of the requirements outlined in the 2009 International Property Maintenance Code, chapter 4, Light, Ventilation, and Occupancy Limits, Section PM-404.5, Overcrowding, or any update thereof.

E. To protect the health, safety, and welfare of the residents of the Borough, it is hereby declared that the ·Borough shall require hazard and

general liability insurance for all property owners, letting property for occupancy in the Borough contain minimum coverage of $50,000 in general

liability insurance and hazard and casualty insurance in amounts sufficient to either restore or remove the building in the event of a fire or other casualty. Further, in the event of a fire or loss covered by such insurance, it

should be the obligation of the Owner to use such insurance proceeds to cause the restoration or demolition or other repair of the property in

adherence to the Borough Code and all applicable ordinances. Owner shall be required to place their insurance company narne, policy number and

policy expiration date on their Rental Occupancy Permit, or in the alternative,

to provide the Code Officer with a copy of the Certificate of Insurance.

F. Certification. The Owner shall certify in the Rental Occupancy Permit

that the Rental Unit(s) is currently compliant with all of the applicable rules

and regulations and Codes of the Borough and that the Rental Unit complies

with all requirements of Ordinance No. 477 as amended.

10. FEES AND CHARGES

Fees, the time for their payment, and interest for non-payment for

Applications, Permits, inspections,.re-inspections and other matters pursuant

to this Ordinance and the Regulations shall be as established, from time to

time, by Council, by written Resolution.

11. APPEAL

A. An Owner to whom a Notice of Violation has been issued by the Code Officer may appeal the NOV to the Board, but only as provided in this Ordinance.

B. Any such Appeal shall be commenced only by filing a Notice of Appeal with the Borough Secretary within fifteen (15) days after service of or deemed service of the NOV on the appellant pursuant to Section 5.C hereof. At the time of filing the Notice of Appeal, the appellant shall pay to the Borough Secretary a filing fee, the amount of which shall be established by Resolution of Council. The Notice of Appeal shall state specifically all the grounds and facts on which the Code Officer's determination and/or Order is challenged and shall identify the mailing address of the appellant for purposes of all communications concerning the appeal.

C. Within thirty (30) days after the Borough's receipt of the Notice of Appeal, the Board shall hold a. public hearing thereon. Written notice of the hearing shall be given not less than fifteen (15) days prior to the date of the · hearing to the following individuals:

(1) the appellant;

(2) the Council;

(3) the Code Officer; and

(4) the Borough Solicitor.

D. The Board shall issue an Adjudication within fifteen (15) days afterthe conclusion of the Board's hearing. The Adjudication shall be in writing, shall

contain findings of fact, reasons for the adjudication, conclusions of law, and

an Order. The Adjudication and Order shall be served upon all parties or

their attorney of record by first class regular mail, postage pre-paid, or by

personal service, within three (3) business days of the issuance of the

Adjudication.

E. During the hearing, the Board shall review the Notice of Violation, the

Notice of Appeal, applicable rules and regulations, take such testimony and

hear such witnesses as the Board deems appropriate. Strict rules of

evidence shall not apply. The scope of the Board's review shall be limited to

the specific issues raised by the Notice of Appeal.

F. The Board's hearing and any adjudication rendered by it shall be held

in accordance with the provisions of the Pennsylvania "Local Agency Law" (2 Pa.C.S.A. §551, et seq.), as amended.

G. Any Appeal of the Board's Adjudication and Order shall be filed with

the Court of Common Pleas of Chester County within thirty (30) days after the date any such Adjudication and Order is mailed to or served personally to the party appealing or the attorney for the party appealing, whichever occurs first.

·12_ CREATION OF RENTAL SPACE REVIEW BOARD

A. There is hereby created a Rental Space Review Board.

B. The Board shall consist of three (3) members ("Members"), who shall be appointed by Council. Members who are first appointed shall serve for

terms, as designated by Council, of one (1), two (2) and three (3) years: respectively, from the time of their appointments. Thereafter, the term of office shall be for a. period of three (3) years for all Members.

C. If a vacancy occurs on the Board, Council shall fill such vacancy by

appointment; any person so appointed shall hold that position until the end of the unexpired term to which that person was appointed.

D. Board Members shalf elect a Chairperson from among themselves and may adopt such rules, procedures and regulations, consistent with this

Ordinance and the Local Agency Law, as the Board deems necessary and

appropriate to perform its duties

13. PENALTIES FOR VIOLATION

A. Any Owner who violates any provision of this Ordinance or fails to

comply with any Order and/or Notice of Violation issued by the Code Officer

or Order or Adjudication of the Board shall, upon adjudication of the

summary offense, pay a fine of not less than Two Hundred Dollars ($200.00)

for the first offense, Three hundred Dollars ($300.00) for the second offense,

Three hundred Dollars ($300.00) for the third offense and not less than

Three Hundred Dollars ($300.00) nor more than One Thousand Dollars

($1,000.00) for the fourth and subsequent offenses as well as the revocation

of the Use and Occupancy Permit issued by the Borough with respect to the

relevant Rental Unit. In all cases the Owner shall pay all the costs of

prosecution, including, but not limited to, the Borough's reasonable legal

fees. The Borough shall be able to enter any judgment entered in its favor

as a Municipal Lien to be recorded against the property at issue in.favor of

the Borough

B. Every violation of this Ordinance shall constitute a separate offense,

and each day such violation exists shall constitute a separate offense. Each

offense shall be subject to a separate summary offense.

C. The amendments to the prior Ordinance took effect in approximately

April 2008 and thereafter, were deemed effective July 1, 2008. Any owner

of a Rental Unit which has not been properly registered and permitted by the

Borough in accordance with the terms of this Ordinance shall receive a

mandatory fine of $1,000 and be liable for all costs of prosecution including,

but not limited to, the Borough's reasonable legal fees.

D. If the tenant of a Rental Unit shall provide a written complaint

regarding the condition of a Rental Unit such that Code Officer, on the basis

of such complaint, conducts an inspection of a Rental Unit pursuant to the

authority of.. Section 5. A of this Ordinance, and such written complaint is

determined to be without any basis in fact, then the tenant shall be in

violation of this··ordinance and shall be required to pay the expenses of the

Borough in conducting the inspection at issue or, for failing to do so, shall be

charged with a first offense subject to the penalties identified in subsection

13. A above.

14. SEVERABILITY

If any section or provision of this Ordinance is held, by the final Order of any

Court of competent jurisdiction, to be unconstitutional, illegal or invalid, such

·holding shall not affect the constitutionality, legality or validity of other

sections and provisions of this Ordinance which shall continue to be

effective.

15. REPEAL OF CONFLICTING ORDINANCES

All Borough Ordinances, to the extent inconsistent with this Ordinance, are

hereby repealed, including, in particular, Ordinance No. 477, the "Parkesburg

Borough Rental Space Ordinance."

6. EFFECTIVE DATE

This order shall become effective immediately upon enactment.

IS

ORDAINED AND ENACTED by the Council of the Borough of Parkesburg in a

public meeting held this / &'lh day of j t. l;y , 2011.


MELINDA B. KEE , President

ATTEST:

WEN A. KE AN, Secretary

Approved th. ;gtfh

day of '201 .

ORDINANCE NO. 505



AN ORDINANCE OF THE BOROUGH OF PARKESBURG, CHESTER

COUNTY, PENNSYLVANIA ESTABLISHING THE "REGISTRATION

MAINTENANCE AND SECURITY OF ABANDONED REAL PROPERTY

ORDINANCE" PROVIDING FOR REGISTRATION, MAINTENANCE AND

SECURITY OF ABANDONED REAL PROPERTY AS DEFINED THEREIN

AND PROVIDING FOR PENALTIES FOR VIOLATIONS, SEVERABILITY,

CONFLICTS AND AN EFFECTIVE DATE

WHEREAS, the Borough of Parkesburg (the "Borough") recognizes an increase in

the number of vacant and abandoned properties located throughout the Borough; and

WHEREAS, the presence of vacant and abandoned properties can lead to a decline

in property value, creates attractive nuisances, and leads to a general decrease in

neighborhood and community aesthetics; and

WHEREAS, vacant and abandoned properties present a serious threat to the public

health and safety of the community; and

WHEREAS, the presence of vacant and abandoned properties may discourage

prospective buyers from purchasing real property within the Borough; and

WHEREAS, many vacant and abandoned properties are the responsibility of

mortgage lenders and trustees who, upon giving of a Notice of Default to the mortgagor,

or upon becoming a mortgagee in possession, or upon becoming holder of title pursuant

to a mortgage foreclosure sale, fail to adequately secure and maintain such properties; and

WHEREAS, the Borough has a vested interest in protecting the Borough against the

decay caused by vacant and abandoned properties and concludes that it is in the best

interest of the citizens and residents to impose registration requirements on such

properties located within the Borough.

NOW, THEREFORE, be it ORDAINED by the Borough Council of the Borough of

Parkesburg, the following:

SECTION 1. PURPOSE AND INTENT:

A. It is the purpose and intent of the Borough of Parkesburg to establish a

process to address the amount of .deteriorating real property located within

the Borough, which includes property, whether vacant or occupied, about

which a public notice of default has been filed, is in foreclosure, or where

ownership has been transferred to lender or mortgagee by any legal method.

It is the Borough's further intent to specifically establish an abandoned

residential property program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

B. For the protection and promotion of the public health, safety and welfare of

the citizens of the Borough of Parkesburg, the Borough Council hereby

establishes the rights and obligations of owners, mortgagees and property

management companies of vacant and abandoned properties within the

Borough and encourages owners, mortgagees and property management

companies to maintain and secure such property through registration and

compliance with this Ordinance.

SECTION 2. DEFINITIONS:

The following words, terms and phrases, when used in these sections of the

Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned real property- Any property that is vacant or is subject to a mortgage under a current Notice of Default or Notice of Mortgagee's Sale, pending Tax Claim Sale or vacant properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.

Enforcement officer- Any building official, zoning inspector, code enforcement officer, health officer, fire inspector or building inspector employed by the Borough.

Evidence of vacancy - Any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown or dead vegetation, accumulation of abandoned real property, as defined herein, statements by neighbors, passers-by, delivery agents or government agents, among other· evidence that the property is vacant.

Foreclosure- The process by which a property, placed as security for a real estate

loan, is sold at public sale to satisfy the debt if the borrower defaults.

Mortgage - A conveyance of title to property that is given as security for the

payment of debt or the performance of a duty and that will become void upon payment or performance according to the stipulated terms.

Mortgagee- One to who property is mortgaged or the mortgage creditor or lender.

Mortgagee in possession - A mortgagee who takes control of mortgaged land by

agreement with the mortgagor, usually upon default of the loan secured by the

mortgage.

Owner-Any person, agent, operator, firm or corporation having a legal or equitable

interest in real property; or recorded in the official records of the Commonwealth,

County or Borough as holding title to the property; or otherwise having control of the

property, including the guardian of the estate of any such person, and the trustee,

executor or administrator of the estate of such person if authorized by law to take

possession of real property, or if ordered or authorized to take possession of real

property by a court.

Person- An individual, corporation, partnership or any other group acting as a unit.

Property management company - A property manager, property maintenance

company or similar entity or individual responsible for the maintenance of

abandoned real property.

Vacant- Any building/structure that is not legally occupied.

SECTION 3. APPLICABILITY:

These sections shall be considered cumulative and not superseding or subject to

any other law or provision for same, but shall rather be an additional remedy available to

the Borough above and beyond any other state, county or local provisions for same.

SECTION 4. REGISTRATION OF ABANDONED REAL PROPERTY:.

A. Any mortgagee who holds a mortgage on real property located within the

Borough shall, upon default by the mortgagor and prior to the issuance of a

notice of default, perform an inspection of the property that is the security for

the mortgage. If the property is found to be vacant or shows evidence of

vacancy, it shall be deemed abandoned real property and the mortgagee

shall, within ten (10) days of the inspection, register the property with the

Borough, or its designee, on forms provided by the Borough or through a

website designated by the Borough. A registration is required for each

property whether vacant or occupied.

B. If the property is occupied but the mortgage on the property remains in

default, the property shall be inspected to determine vacancy or occupancy

status by the mortgagee or his designee monthly until: (1) the mortgagor or

other party remedies the default, or (2) it is found to be vacant or shows

evidence of vacancy at which time it is deemed abandoned, and the

mortgagee shall, within ten (10) days of that inspection, update the property

registration to a vacancy status providing the date of last inspection on forms

provided by the Borough.

C. Registration pursuant to this section shall contain the name of the mortgagee

and the servicer, the direct mailing address of both parties, a direct contact

name and telephone number for both parties, a facsimile number and email

address for both parties, the folio or tax number, and the name and

twenty-four (24) hour contact phone number of the property management

company responsible for the security and maintenance of the property.

D. This section shall also apply to properties that have been the subject of a

foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

E. A registration fee in the amount of $200.00 per property shall accompany the registration form(s).

F. Properties subject to this section shall remain under the registration

requirement, security and maintenance standards of this section as long as they remain vacant.

G. Any person or corporation that has registered a property under this section

must report any change of information contained in the registration in writing within ten (10) days of the change to the Borough Manager or his designee.

SECTION 5. MAINTENANCE REQUIREMENTS:

A. Properties subject to this section shall be kept free of weeds, overgrown

brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circular, flyers, notices (except those required by federal, state, or local law), abandoned vehicles, portable storage devices, discarded personal items including, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

B. The property shall be maintained free of graffiti or similar markings by

removal or painting over with an exterior grade paint that matches the color of the exterior structure.

C. Front, side, and rear yards, including landscaping, shall be maintained in

accordance with the Borough's Ordinances, including, by example and not limitation, the Borough's International Property Maintenance Code.

D. Yard maintenance shall include, but not be limited to grass, ground covers,

bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. Acceptable maintenance of yards and/or landscaping shall not include weeds, gravel, broken concrete, asphalt or similar material.

E. Maintenance shall include, but not be limited to, watering, irrigation, cutting, and mowing of required ground cover or landscape and removal of all trimmings.

F. Pools and spas shall be maintained so that the water remains free and clear of pollutants and debris. Pools and spas shall comply with all requirements of the Borough's Ordinances, the Borough's International Property

Maintenance Code, and Pennsylvania Uniform Construction Code, as amended from time to time.

G. Failure of the mortgagee or property owner of record to properly maintain the

property may result in a violation of the Borough's Code and issuance of a

citation or Notice of Violation.

SECTION 6. SECURITY REQUIREMENTS:

A. Properties subject to this Ordinance shall be maintained in a secure manner

so as not to be accessible to unauthorized persons.

B. A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows shall be secured by reglazing of the window.

C. If the property is owned by a corporation or mortgagee that is unable or

unwilling to perform maintenance and inspections itself, the corporation or mortgagee shall contract with a property management company shall be contracted to perform bi-weekly inspections to verify compliance with the requirements of this section, and any other applicable laws.

D. The mortgagee shall inspect or have inspected the property on a bi-weekly

basis to ensure that the property is in compliance with this Ordinance. Upon the request of the Borough, the mortgagee shall provide a copy of the inspection reports to the Borough Code Enforcement Department.

E. Failure of the mortgagee or property owner of record to properly maintain the

property will result in a violation of the Borough Ordinance and will result in the issuance of a Citation. Pursuant to a finding and determination by the Borough's Code Enforcement Office, the Borough may take the necessary action to ensure compliance with this Ordinance.

SECTION 7. ADDITIONAL AUTHORITY:

The Borough, or its designee, shall have authority to require the mortgagee or owner

of record of any property affected by this Ordinance, to implement additional maintenance or security measures including, but not limited to, securing any and all doors, windows or

other openings, employment of an on-site security guard, or other measures as may be reasonably required to prevent a decline of the property. Further, in view of the last referenced authority, it is specifically declared that:

A. Whenever a structure or equipment is determined by the Enforcement

Officer to be unsafe, or when the Enforcement Officer determines that a

structure is unfit for human occupancy or found to be unlawful such that said

structure shall be subject to condemnation proceedings under the

International Property Maintenance Code as adopted by the Borough of

Parkesburg (with amendments thereto), then such unsafe structure or equipment or structure unfit for inhabitancy shall be condemned under the

provisions of the International Property Maintenance Code as adopted by the

Borough of Parkesburg (with amendments thereto).

B. At the point of condemnation by the Enforcement Officer as identified in

paragraph A to Section 7 above, all continuing and future action by the

Enforcement Officer and all penalties and procedures shall be governed by the requirements of the International Property Maintenance Code as adopted

by the Borough of Parkesburg (with amendments thereto) which such Code

and Amendments are incorporated herein by reference as though set forth

at length.

SECTION 8. IMMUNITY OF ENFORCEMENT OFFICER:

Any enforcement officer or any person authorized by the enforcement officer shall

be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this Ordinance.

SECTION 9. PENALTIES AND REMEDIES:

A. It shall be a violation of this Ordinance to commit or permit any other person

to commit any of the following acts:

1) To fail to perform any inspection or to register any property required

by Section 4 of this Ordinance.

2) To fail to pay a registration fee in the amount ofTwo Hundred Dollars

($200.00) pursuant to Section 4E of this Ordinance.

3) To fail to maintain property as required under Section 4 of this

Ordinance.

4) To fail to perform the inspection and maintenance relating to properties so that they are maintained in a secure manner pursuant to the provisions of Section 5 of this Ordinance.

5) To refuse to permit inspections required under this Ordinance.

6) To place any false information on or to omit relevant information from

and application for registration provided pursuant to this Ordinance.

7) To fail or refuse to comply with any other provision of this Ordinance.

B. Penalties and Remedies.

1) Any person who shall violate any of the provisions of this Ordinance shall be guilty of a summary offense and, upon conviction thereof before a Magisterial District Judge, shall be sentenced to pay a fine

of $500.00 and the cost of prosecution for each and every offense, and in default of payment thereof, shall be sentenced to imprisonment

in Chester County Prison for not more than thirty (30) days. Each violation and each day of violation shall constitute a separate offense.

2) In addition to prosecution of the persons violating this Ordinance, a

Borough Enforcement Officer, Borough Solicitor, or any other duly authorized agent of the Borough may bring such civil or equitable actions, seeking civil or equitable remedies, and any appropriate Court of record of the Commonwealth of Pennsylvania, against any persons and/or property, real or personal, to effect the provisions of this Ordinance. The remedies and procedures of this Ordinance are not intended to supplant or replace, to any degree, the remedies provided to the Borough in the Borough's International Property Maintenance Code, Uniform Construction Code, Zoning Ordinance, or any other Borough Code, Ordinance or Resolution.

SECTION 10. APPEALS:

A. Any person aggrieved by the action of the Borough or its designee relevant

to the provisions of this Ordinance may appeal to the Borough's UCC Appeals Board within thirty (30) days of that action.

B. Any person aggrieved by any decision of the Borough or the Borough UCC

Appeals Board relevant to the provisions of this Ordinance may appeal to the

Chester County Court of Common Pleas within thirty (30) days of the decision.

SECTION 11.

If any section, clause, sentence, or phrase of this Ordinance is for any reason held

invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance.

SECTION 12.

All sections or parts of sections of the Borough Ordinances, all ordinances or part

of ordinances, and all Resolutions, or parts of Resolutions, in conflict with the Ordinance are repealed to the extent of such conflict.

SECTION 13. EFFECTIVE DATE:

This Ordinance shall be effective upon passage in accordance with the

requirements of the Borough Code.

ORDAINED and ENACTED by the Parkesburg Borough Council this day

of '2012.


KATHLEEN M. RICK, President

ATTEST:

WENDY A. KEEGAN, Secretary

Approved this day of '2012.

JOHN P. HAGAN, II, Mayor

ORDINANCE NO. 523



ORDINANCE REGULATING AND REQUIRING NEW PROPERTY

OWNERS TO COMPLY WITH BOROUGH CODES AND REGULATIONS

(THE "RESPONSIBLE PROPERTY OWNERSHIP ORDINANCE") IN

ACCORDANCE WITH THE REQUIREMENTS OF ACT 99 OF 2000 ("The

Municipal Code and Ordinance Compliance Act") PURSUANT TO

DEFINITIONS, RESPONSIBILITIES AND PENALTIES AS PROVIDED FOR

IN ACT 99 of 2000

WHEREAS, the Borough of Parkesburg (hereinafter the "Borough") is a Borough

located in Chester County, Pennsylvania governed by the Borough Code, 8 Pa. C. S. A.

§ 201 et seq. with authority under the Borough Code and its police power to prohibit and

remove any nuisance or dangerous structure, and to make regulations as may be

necessary for the health, safety, morals, general welfare and cleanliness and beauty and

safety of the borough, See, 8 Pa. C.S.A. § 1202 (4) and (5) and the general powers as set

forth at 8 Pa. C.S.A. § 1201; and,

WHEREAS, the state legislature in 2000, enacted the Municipal Code and

Ordinance Compliance Act, Act 99 of 2000, 68 P.S.§ 1081 et seq., which places certain

requirements upon new purchasers of property to bring the purchased properties up to

specified requirements of the governing municipality; and

WHEREAS, in accordance with the authority of the Borough Code and the last

referenced Act 99 of 2000, and the authorities recited, the Borough seeks to impose

restrictions on property ownership and property maintenance to preserve Borough

properties and guard against urban blight.

NOW THEREFORE, the Borough Council of the Borough of Parkesburg enacts this

Responsible Property Ownership Ordinance as follows:

SECTION 1: DEFINITIONS

The following are definitions shall be used in making reasonable interpretations of the

provisions of this Ordinance:

"Code Enforcement Officer" -That person or persons designated by the Borough

as responsible for enforcing the Codes of the Borough and the provisions of this

Ordinance.

"constructive knowledge" - Knowledge of a violation listed on the seller's property

disclosure statement made pursuant to the Act of July 2, 1996 (P.L. 500, No. 84),

known as the "Real Estate Seller Disclosure Act," 68 P.S. § 1021 et seq., a violation

appearing on a buyer's notification certificate provided by a municipality or a

violation that is a matter of public record.

"date of purchase" - The closing date or, in cases where the property is sold

pursuant to the Act of May 16, 1923 (P.L. 207, No. 153), referred to as the

"Municipal Claim and Tax Lien Law," 53 P.S. § 7101 et seq., the first day following

the right of redemption period authorized under the Municipal Claim and Tax Lien

Law.

"known to have" - Knowledge of a violation based on actual or constructive

knowledge.

"municipality" -The Borough of Parkesburg.

"substantial violation"- A violation of a building, housing, property, maintenance or

fire code, which violation posed a threat to health, safety or property, but not a

violation of such a code deemed by a court to be de minimis.

SECTION 2: COMPLIANCE REQUIREMENTS

A. General Rule No. 1: Building structures. The owner of any building, structure or part

of a building or structure known to have one or more substantial violations of

municipal codes relating to building, housing, property maintenance or fire shall,

within 18 months of the date of purchase (or such longer period of time if agreed to

between the owner/purchaser and the Borough of Parkesburg) do the following:

(1) Bring the building, structure or that part of a building or structure into

compliance with those codes with respect to which said building, structure or

part of a building or structure was known to have been noncompliant; or

(2) Demolish the building or structure in accordance with the law.

(a) Considerations as to demolition of attached buildings.

[1] Before the Codes Enforcement Officer issues a permit for

demolition, drawings shall be submitted by a licensed engineer

or architect, indicating that the demolition will leave a solid and

secure base upon which the surviving building will rest.

[2] The surviving wall, after demolition, shall be rebuilt to reflect

the same appearance as the front of the remaining building or

structure previously attached to the demolished building or

structure.

[3] Insulation shall be installed so as to guarantee a minimum

standard to assure occupants of the surviving building that

there will be the same level of comfort on a year-round basis,

as there was prior to the demolition of the adjoining building.

[4]

(5]

[6]

[7]

[8]

The additional thickness in inches required to construct such

a wall in accordance with the foregoing requirements may be

eased over to the owner of the existing building, as well as all

rights of access to the building wall and the right to use that

wall for any reason that the owner of the surviving building may

choose.

If and when a new building is built on the site of the

demolished building, and if such new structure requires the

use of the common wall, the owner of the site of the

demolished building shall have the right to bring his or her

property line back to the same point that it was prior to the

demolition of the previously existing building or structure and

any easement as aforesaid.

The Codes Enforcement Officer shall notify neighboring

tenants and owners of buildings proposed to be demolished of

their rights under this section, and shall spell out the

obligations of the demolition company involved. Such

requirements shall include a list of measures of protection that

such neighboring tenants and owners are entitled to, should

there be current or future damage to the surviving building

resulting from the subject demolition.

The Codes Enforcement Officer will work with property owners

involved in order to assist in minimizing the impact of the

demolition and to promote projects which will enhance

appearances for both the Borough and the property owner.

Disclosure of environmental conditions. Every owner or agent

for the owner of a property for which a demolition permit

application is filed with the Borough, shall provide full

disclosure with such demolition permit application of any

pending environmental assessment, review, remediation, or

voluntary compliance action that has been issued, ordered or

approved by the United States Environmental Protection

Agency, or by the Pennsylvania Department of Environmental

Protection (DEP). No demolition permit shall be issued or

approved until such full environmental disclosure has been

filed with the Borough to the satisfaction of the Codes

Enforcement Officer. The purpose and intent of this section is

to prevent any property owner, builder, contractor, developer

or other person from obtaining a demolition permit from the

Borough without fully disclosing and informing the Borough

officials of known environmental hazards on the site for which

an application for a demolition permit has been made.

[9] Where a structure has been demolished or removed and a

demolition permit has been approved, the vacant lot shall be

filled, graded and maintained in conformity to the established

elevation of the street grade at curb level nearest to the point

of demolition or excavation. Provision shall be made to prevent

the accumulation of water or damage to any foundations on

the premises or the adjoining property.

[10] The owner shall make arrangements for the parcel to be

identifiable by an address after demolition.

B. General Rule No. 2: Lot or parcel of land. The owner of any lot or parcel of land

known to have one or more substantial violations of municipal nuisance ordinances

relating to maintenance, health or safety is required to make a reasonable attempt

to abate the nuisance within one year of the date of purchase.

SECTION 3: VIOLATIONS AND PENALTIES; OTHER REMEDIES

A. Violation of General Rule No.1. Failure to comply with the requirements of General

Rule No. 1 of this ordinance, § 2. A above, shall result in the purchaser being

personally liable for the costs of repairs or demolition and a fine of not less than

$1,000 and not more than $10,000. Fines shall be remitted to the municipality in

which the building, structure or part of a building or structure is located. In

municipalities with low-income housing, not less than 1/3 of the fine imposed shall

be used by the municipality for low-income housing in a manner determined by the

municipality.

B. Violation of General Rule No. 2. Failure to comply with the requirements of General

Rule No. 2 of this Ordinance, § 2. B. above, shall result in the purchaser being

personally liable for the cost of maintenance and a fine of not less than $1,000 and not more than $10,000. Fines shall be remitted to the municipality in which the lot

or parcel of land is located.

C. Penalties nonexclusive. The penalties identified herein are nonexclusive remedies

available to the Borough of Parkesburg and do not act as a waiver of other

remedies available by statute or common law but are provided in addition to those

other available remedies.

SECTION 4: REPEALER

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

SECTION 5: SEVERABILITY

A. The provisions of this ordinance are severable, and, if any portion is held by a court

of competent jurisdiction to be in violation of federal or state constitutional statute

or statutory law, that portion is hereby repealed, and the decision of the court will

not affect or impair any of the remaining provisions of this ordinance. It is hereby

declared to be the Borough Council's intention that this ordinance would have been

adopted had such unconstitutional or ultra vires provision not been included.

B. If any portion of this ordinance shall be determined to be unconstitutional, illegal or

unenforceable, then the portion and only that portion of this ordinance, which is

deemed to be unconstitutional, illegal or unenforceable shall be severed from the

remainder of this ordinance and all other terms thereof shall remain in full force and

effect.

SECTION 6: EFFECTIVE DATE

This Ordinance shall be effective upon passage 1n accordance with the

requirements of the Borough Code.

ENACTED AND ORDAINED this 17th day of October, 2016.

KATHLEEN M. RICK, President

ATTEST:

WENDY A. KEEGAN, Secretary

Approved this 17th day of October, 2016.

JOHN P. HAGAN, II, Mayor

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