Oxford Borough Code Of Ordinances
Find Oxford Borough's 
Code of Ordinances Online
Follow the instructions below:
Click on
Keystate Publishers, Inc.
link below:
Keystate Publishers, Inc.
When you open the website, click on "Codes of Ordinances Online"
When that page opens you will be prompted to "search ordinances for phrase". For example you might enter animal or dog control.
Then it will ask you to select municipality:
Enter Oxford Borough.
If you need help please call Betsy Brantner at:
610-932-2500, ext. 302.
BOROUGH OF OXFORD POLICE DEPARTMENT
THE RIDING OF BICYCLES, SCOOTERS AND SKATEBOARDS IS PROHIBITED ON NORTH AND SOUTH THIRD STREET BETWEEN CHASE STREET AND SOUTH STREET.
OTHER STREETS UPON WHICH THE RIDING OF BICYCLES, SCOOTERS AND SKATEBOARDS IS PROHIBITED ARE AS FOLLOWS:
STREETS BETWEEN
BROAD STREET S. THIRD STREET and FOURTH STREET
HODGSON STREET PENN AVENUE and FOURTH STREET
LINCOLN STREET MARKET STREET and BOROUGH LINE
LOCUST STREET S. THIRD STREET and PENN AVENUE
MARKET STREET THIRD STREET and FIFTH STREET
OCTORARA ALLEY THIRD STREET and SECOND STREET
PINE STREET THIRD STREET and LANCASTER AVE
THE RIDING OF SKATEBOARDS IS PROHIBITED ON
ALL PUBLIC STREETS THROUGHOUT THE BOROUGH.
PENALTY
BICYCLES and SCOOTERS: VIOLATORS SHALL BE SUBJECT TO A FINE OF NOT MORE THAN $1000.00 (PLUS COST) and/or TO A TERM OF IMPRISONMENT NOT TO EXCEED 30 DAYS.
SKATEBOARDS: VIOLATORS SHALL BE SUBJECT TO THE CONFISCATION OF THEIR SKATEBOARD FOR A PERIOD NOT TO EXCEED 15 DAYS FOR A FIRST OFFENSE. SUBSEQUENT OFFENSES INCLUDE THE CONFISCATION OF THE VIOLATOR’S SKATEBOARD FOR A PERIOD OF NOT MORE THAN 30 DAYS AND A FINE OF $25.00 (PLUS COSTS).
BOROUGH OF OXFORD CODE OF ORDINANCES
CHAPTER 15: PART 12A and B
A FULL AND COMPLETE COPY OF THE ORDINANCE IS AVAILABLE AT THE BOROUGH HALL OR THE POLICE STATION
ORDINANCES ADOPTED IN 2011
ORDINANCE NO. 840 -2011
AN ORDINANCE OF THE BOROUGH OF OXFORD, CHESTER COUNTY, PENNSYLVANIA, AMENDING THE EXISTING BOROUGH ZONING ORDINANCE, CHAPTER 27 OF THE CODE OF THE BOROUGH OF OXFORD, REGARDING WIRELESS COMMUNICATIONS FACILITIES.
BE IT ENACTED AND ORDAINED by the Council of the Borough of Oxford, Chester County, Pennsylvania, that certain provisions of the Chapter 27, Zoning Ordinance of the Borough of Oxford, as amended, be amended as follows:
SECTION 1. Part 2, Definitions, §202, Definitions of Terms, add the following new terms and definitions:
Commercial Communications Antenna – A device used to collect and/or transmit wireless communications or radio signals, including panels, microwave dishes (for other than satellite communication), and single poles known as "whips."
Commercial Communications Antenna Support Structure – Any pole, telescoping mast, tower, tripod, lattice construction steel structure or any other structure which supports or has attached to it one or more commercial communications antennae.
Communications Tower – See “Commercial Communications Antenna Support Structure."
FCC – Federal Communications Commission.
FAA – Federal Aviation Administration.
Wireless Communications Facility – Any one or a combination of a commercial communications antenna support structure, commercial communications antenna, wireless communications equipment building or cabinet, parking and/or other structures and equipment involved in receiving or transmitting wireless communications or radio signals.
SECTION 2. Part 10, I General Industrial District, §27-1004, Uses Permitted by Special Exception, new subsection L shall be added as follows:
L. Newly constructed/installed communications tower, in accordance with §27-1305.
SECTION 3. Part 11, PC/LI Planned Commercial/Light Industrial District, §27-1104, Uses Permitted by Special Exception, new subsection C shall be added as follows:
C. Newly constructed/installed communications tower, in accordance with §27-1305.
SECTION 4. Part 13, Supplemental Land Use Regulations, delete §27-1305, Antennas and Antenna Towers.
SECTION 5. Part 13, Supplemental Land Use Regulations, add new §27-1305, Wireless Communication Facilities, as follows:
Section 27-1305. Wireless communications facilities.
A. Purpose. The purpose of these standards for constructing and locating wireless communications facilities is:
(1) to accommodate the need for wireless communications antennae while regulating the location and number of towers in the Borough;
(2) to minimize adverse visual effects of towers through careful design, location, and vegetative screening;
(3) to avoid potential damage to adjacent properties from tower failure through engineering and careful locating tower structures;
(4) to maximize the use of any new or existing transmission tower, as well as other tall structures, to reduce the number of towers needed to serve the community; and
(5) to limit radiation emitted by wireless communications equipment so that it will not adversely affect human health.
B. Commercial communications antenna mounted on existing support structure, permitted as of right
(1) Commercial communications antennae attached to or mounted on an existing public utility building, structure or pole; existing communications tower; water tower; or other nonresidential building or structure are permitted by right in any zoning district. A zoning permit shall be required for such purpose, to be issued by the Zoning Officer on the basis of his determination that the proposed antenna complies with the applicable standards of this section. The applicant shall pay a fee for such permit in an amount as established by resolution of Borough Council. Where the Zoning Officer deems it necessary to consult with the Borough Engineer or other technical and/or legal expertise in his review of the proposal, the applicant shall be responsible for paying the cost of such consultation.
(2) The height of the communications antenna and any apparatus attaching the antenna to such structure shall not exceed by more than ten (10) feet the height of such existing structure.
(3) The communications antenna shall be constructed to simulate the architectural facade and/or color of the building or object to which it is attached.
(4) The applicant proposing to locate a communications antenna on an existing building or structure shall demonstrate to the satisfaction of the Zoning Officer that the following standards can be met:
(a) A structural engineer registered in Pennsylvania shall attest to the structural integrity of the existing structure and its adequacy to accept the total number of antennae, including any that may already exist on the structure and the proposed antenna. Where the Zoning Officer deems it necessary to consult with the Borough Engineer or other technical expertise in his review of the proposal, the applicant shall be responsible for paying the cost of such consultation.
(b) The attachment of the proposed antenna, in combination with any antennae already located on the structure, will not have a deleterious visual impact on surrounding properties.
(c) The servicing and maintenance requirements of the attached antenna or antennae can be met without creating negative impacts on surrounding properties in relation to physical damage, traffic, parking, or similar conditions.
(5) The telecommunications provider shall prove to the satisfaction of the Zoning Officer that:
- Such location is necessary to satisfy the functional requirements of the provider’s wireless communications system; and
- Where applicable, such location will obviate the need for the erection of a tower in a zoning district where a tower is permitted by special exception.
Documentation provided to the Zoning Officer may be in the form of background studies and analyses conducted by the applicant in the course of verifying the suitability of the site for the applicant’s purposes, and may be supplemented by a propagation study or other supporting evidence. Any such analysis or study shall be conducted by a qualified radio frequency engineer.
(6) As part of the Zoning Officer's approval of the installation of one or more
antennae on an existing structure, the Zoning Officer may also authorize the location of the receiving and transmitting equipment necessary to the
operation of the antenna or antennae within an existing building on the site. Where such location within an existing building is not feasible, the Zoning Officer may authorize, for each unrelated company with an antenna located on the structure, the location of up to three (3) metal cabinets, each measuring not more than six (6) feet in height and five (5) feet in width, placed on a concrete pad not exceeding 10 by 20 feet in area or an equipment structure not exceeding 350 square feet in area located on the site to house the receiving and transmitting equipment necessary to the proper functioning of the antenna or antennae. The cabinets or equipment structure shall be located within a side or rear yard only, provided that the pad and the boxes are set back from the property line by a minimum of twenty (20) feet, or such additional distance as the Zoning Officer determines is necessary to eliminate any discernible noise at the property line from the operation of the equipment boxes. The combined height of the pad and boxes shall not exceed eight (8) feet. The screening requirements contained in §27-1214.2 and §27-1214.3 of this Chapter shall apply to any metal cabinet or equipment structure permitted under the terms of this section.
C. Newly constructed/installed communications tower, permitted by special exception
(1) Use, bulk, and height regulations.
(a) A communications tower may be permitted, in addition to other permitted uses on the same lot, in the I General Industrial District, the PC/LI Planned Commercial/Light Industrial District, or on any parcel used exclusively for municipal use when authorized as a special exception, following review and recommendation by the Planning Commission, so long as the height of the tower does not exceed one hundred ten (110) feet, measured from undisturbed ground level, and the proposed development otherwise conforms to all other area and bulk requirements of the zoning district for which it is proposed and the provisions of this section.
(b) Where a communications tower is permitted as a special exception under the terms of this chapter, one single-story wireless communications equipment structure not exceeding 350 square feet in area or up to three (3) metal cabinets, each measuring not more than six (6) feet in height and five (5) feet in width, placed on a concrete pad not exceeding 10 by 20 feet in area, to house the receiving and transmitting equipment necessary to the proper functioning of the facility may be located on the site selected for installation of the tower for each unrelated company sharing antenna space on the tower. The cabinets or equipment structure shall be located within a side or rear yard only, provided that the pad and the boxes are set back from the property line by a minimum of twenty (20) feet, or such additional distance as the Zoning Officer determines is necessary to eliminate any discernible noise at the property line from the operation of the equipment boxes. The combined height of the pad and boxes shall not exceed eight (8) feet. The screening requirements contained in §27-1214.2 and §27-1214.3 of this Chapter shall apply to any metal cabinet or equipment structure permitted under the terms of this section.
(2) Standards for review of a communications tower.
(a) The applicant shall demonstrate, using technological evidence, that the communications tower must be located where it is proposed in order to serve the needs of the community, based on all providers of the service in the area. Such evidence shall include propagation diagrams and radio frequency studies and the data upon which diagrams and studies rely, submitted with the application at the time of filing, indicating that the height and location are the lowest height and best location to affect the efficient provision of communication services.
(b) The applicant proposing a communications tower is required to
demonstrate that it contacted the owners of tall structures within a one (1) mile radius of the proposed site, whether within or outside the Borough, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. Tall structures include, but are not limited to, buildings in excess of four (4) stories, water towers, utility poles, support structures of other communications companies and other high structures. The Zoning Hearing Board may deny the application to construct a new tower if the applicant has not made a good faith effort to locate the antenna on an existing tall structure and has not demonstrated that there are no available alternatives. Evidence that one or more of the following was the reason for not selecting such tall structure is required to demonstrate a good faith effort:
[i] The proposed antennae and related equipment would exceed the structural capacity of the existing tall structure, and its reinforcement cannot be accomplished at a reasonable cost.
[ii] The proposed antennae and related equipment would cause radio frequency interference with other existing equipment for that existing tall structure, and the interference cannot be prevented at a reasonable cost.
[iii] Such existing tall structures do not have adequate and permitted location, space, access, or height to accommodate the proposed equipment or to allow it to perform its intended function.
(c) In order to reduce the number of antenna support structures needed in the community in the future, the applicant shall demonstrate that the proposed communications tower shall be designed to accommodate other users, including other cellular communications companies and/or local police, fire, and emergency responders.
(d) The minimum distances between the base of a communications tower or any guy wire anchors of the communications tower and any adjoining property line or street right-of-way line shall equal 40% of the proposed communications tower's height. Where the property on which a communications tower is proposed to be located is contiguous to an educational use, child day-care facility, or residential use, the minimum distance between the base of the communications tower and any such adjoining uses shall equal 100% of the proposed height of the communications tower, unless it is proven to the Zoning Hearing Board, through an engineering study prepared at the applicant's expense by a professional engineer specializing in structural engineering and licensed to practice in Pennsylvania, that in the event of tower failure, the communications tower is designed to collapse upon itself within a setback area less than the required minimum setback without endangering such adjoining uses and their occupants; provided that no setback shall be less than 40% of the communications tower height or the minimum setbacks for the zoning district, whichever is greater.
(3) Special development regulations.
(a) A land development plan shall be required for any proposed communications tower, showing the antenna, antenna support structure, building, fencing, buffering, access, and all items required in the Borough Subdivision and Land Development Ordinance.
(b) A fence with a lockable gate shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of six (6) feet in height.
(c) The applicant proposing a communications tower must demonstrate that the communications tower and any other equipment or building in support of the communications tower has been designed to blend in with or mimic existing features in the landscape such as trees, light poles, clock towers, and flag poles.
(d) The applicant shall provide a landscape plan prepared by a registered landscape architect showing landscaping that will be installed to screen and buffer as much of the support structure and any other ground level features (such as a building) as possible. The landscape plan may incorporate the use of fences and walls to screen and buffer the communications tower site. The proposed landscaping shall comply with the following provisions:
[i] Existing vegetation shall be preserved to the maximum extent possible.
[ii] Where the proposed communications tower site abuts residential zoning districts, residential uses, public land, or streets, the abutting property boundary shall be landscaped with at least one row of deciduous trees, not less than three and one-half (3-1/2) inches in caliper, spaced not more than thirty (30) feet apart and within twenty-five (25) feet of the site boundary, as well as at least one (1) row of evergreen trees or shrubs, at least fourteen (14) feet high when planted and spaced not more than fifteen (15) feet apart and within forty (40) feet of the property boundary. Alternatives such as walls or fences may be permitted by the Zoning Hearing Board based on security or other reasons.
[iii] Where applicable, the plan shall demonstrate compliance with the screening requirements of §27-1305.C(1)(b).
(e) All communications towers located within 750 feet of a structure shall be constructed in compliance with a minimum ninety (90) mile per hour wind load or such greater wind load as is appropriate in the opinion of the Borough Engineer.
(f) In the event future technological advances in the telecommunications industry permit a reduction in the size or configuration of the communications tower, as a condition of approval of any application or permit authorizing the communications tower's erection and installation, the applicant shall be deemed to have agreed to a reduction in the size of the communications tower at such time as such technology becomes an industry standard. In such event, the Zoning Officer shall require the communications tower to be brought into compliance with such industry standards within a reasonable time, but not exceeding six (6) months from the date of the Zoning Officer's notice to the owner to do so.
(g) No sign or other structure shall be mounted on any wireless
communications facility, except as may be required by the FCC, FAA, or other governmental agency.
(h) Wireless communications facilities shall be fully automated, requiring not more than one (1) weekly visit by maintenance personnel, and shall require a minimum of two (2) parking spaces.
D. General regulations.
(1) All commercial communications towers, antennae, and associated equipment shall be maintained and kept in good repair as required by applicable Federal and State law and Borough regulations.
(2) All applicants for and operators of any communications tower or communications antenna located within the Borough and regulated by the FCC shall provide a copy of a valid operator's license from the FCC for the transmission of radio frequencies from such tower or antenna constructed within the Borough. All such information shall be accompanied by a certification signed by an authorized officer of the provider telecommunications company stating that, after due inquiry, the information being supplied is true and correct to the best of his/her knowledge, information, and belief. The telecommunications company shall also provide the Zoning Officer with a copy of the site lease agreement authorizing the location of the communications tower or antenna, unless said telecommunications company is the legal owner of the site.
(3) Proof of inspection. The owner of a communications tower erected under this section and all collocators shall submit to the Zoning Officer proof of the annual inspection of the communications tower and antennae by an independent professional engineer as required by the ANSIEUfIW-222-E Code. Based upon the results of such an inspection, the Zoning Officer or the Code Enforcement Officer may require removal or repair of all or any portion of a wireless communications facility. The provisions of the Borough Building Code may be applied in requiring such repair or removal. In the event the annual inspection(s) referred to are not performed in a timely manner, the communications tower owner and each communications company located thereon shall be subject to the civil enforcement proceedings of this chapter.
(4) Any communications tower or communications antenna shall be dismantled within sixty (60) days following the expiration date of the operator's license from the FCC provided to the Borough or cessation of
use. As a condition of approval of any communications tower, the Zoning Hearing Board may require financial security for the dismantling and removal of such communications tower.
(5) The applicant shall demonstrate that the proposed communications tower and communications antenna are safe and the surrounding areas will not be negatively affected by communications support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturer.
(6) No communications support structure may be lighted except when required by the FAA.
(7) All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the communications antenna or tower site, unless otherwise permitted in the zoning district in which the antenna or tower site is located.
(8) Interference. In the event that any wireless communications facility causes interference with the radio, television, or cellular phone reception of any Borough resident for a period of three (3) continuous days, the resident shall notify either the telecommunications provider or the Zoning Officer of such interference, and the telecommunications provider, at its sole expense, shall thereafter remediate such interference and ensure that any interference problems are promptly corrected. Upon receipt of any such complaint, the telecommunications provider shall promptly notify the Zoning Officer thereof in writing and describe its plan to mitigate the interference. Failure of the telecommunications provider to correct such interference shall constitute a violation of this section, subjecting it to the penalty and enforcement provisions of this chapter.
SECTION 6. If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of Borough Council that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
SECTION 7. All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.
SECTION 8. This amendment shall take effect and be in full force and effect 5 days from and after the date of its final passage and adoption.
ENACTED AND ORDAINED this day of , 2011.
OXFORD BOROUGH COUNCIL
___________________________ By:
ANDREW ATKINSON, President
ATTEST:
BEATRICE V. BRANTNER, Secretary
APPROVED THIS _____ DAY OF _________________, 2011.
_______________________________
GEOFFREY HENRY, Mayor
ORDINANCE NO. 841-2011
AN ORDINANCE OF THE BOROUGH OF OXFORD, CHESTER COUNTY, PENNSYLVANIA, AMENDING THE EXISTING BOROUGH ZONING ORDINANCE, CHAPTER 27 OF THE CODE OF THE BOROUGH OF OXFORD, REGARDING ADULT USES.
BE IT ENACTED AND ORDAINED by the Council of the Borough of Oxford, Chester County, Pennsylvania, that certain provisions of the Chapter 27, Zoning Ordinance of the Borough of Oxford, as amended, be amended as follows:
SECTION 1. Chapter 27, Zoning, Part 14, Adult Use Regulations, §27-1402, Designation of Uses, shall be amended to read as follows:
The following uses are designated as regulated adult uses and may be permitted when approved as a special exception by the Zoning Hearing Board under the terms of this Part 14:
- Adult bookstores.
- Adult mini-motion-picture theaters.
- Adult motion-picture theaters.
- Cabarets.
- Massage parlors.
- Drug paraphernalia stores.
SECTION 2. Chapter 27, Zoning, Part 14, Adult Use Regulations, §27-1405, Special Use Permits, shall be amended to read as follows:
§27-1405. Special Exception Requirements.
1. No uses described in this Part shall be established unless approved as a special exception by the Zoning Hearing Board in accordance with the terms of this Part 14 and §27-1905.C of this chapter.
2. Any application for special exception approval shall be submitted in accordance with the terms of §27-1906 of this chapter. Conduct of the hearing shall be in accordance with §27-1904.
3. A special exception approval granted under the provisions of this section shall be conditioned such that it shall only apply to the current property owner or applicant and shall not be transferable or assignable to another property, subsequent owner of the property in question or applicant.
4. Should any regulated use listed in §27-1402 of this Part cease or discontinue operation for a period of 90 or more consecutive days, it may not resume nor may it be replaced by any other regulated use listed in §27-1402 unless it complies with all the requirements of this chapter.
SECTION 3. Chapter 27, Zoning, Part 10, I General Industrial District, §21-1004, Uses Permitted by Special Exception, shall be amended to add new Subsection L, Adult Uses, as follows:
L. Adult uses, as designated and regulated by Part 14 of this chapter.
SECTION 4. If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of Borough Council that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
SECTION 5. All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.
SECTION 6. This amendment shall take effect and be in full force and effect 5 days from and after the date of its final passage and adoption.
ENACTED AND ORDAINED this day of , 2011.
OXFORD BOROUGH COUNCIL
By:
ANDREW ATKINSON, President
ATTEST:
BEATRICE V. BRANTNER, Secretary
APPROVED THIS _____ DAY OF _________________, 2011.
____________________________________________
GEOFFREY HENRY, Mayor
ORDINANCE NO. 842-2011
AN ORDINANCE OF THE BOROUGH OF OXFORD, CHESTER COUNTY, PENNSYLVANIA, AMENDING THE EXISTING BOROUGH ZONING ORDINANCE, CHAPTER 27 OF THE CODE OF THE BOROUGH OF OXFORD, REGARDING TATOO PARLORS.
BE IT ENACTED AND ORDAINED by the Council of the Borough of Oxford, Chester County, Pennsylvania, that certain provisions of the Chapter 27, Zoning Ordinance of the Borough of Oxford, as amended, be amended as follows:
SECTION 1. Chapter 27, Zoning, Part 2, Definitions, §27-202, Definition of Terms, shall be amended to add the following definition:
Tattoo parlor – A commercial personal service use where tattoos are provided to customers. Tattooing shall include any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin. This definition shall not apply to medical doctors or doctors of veterinary medicine in performance of their professional duties.
SECTION 2. Chapter 27, Zoning, Part 7, C-1 Planned Commercial District, §27-702, Uses Permitted by Right, Subpart D, shall be amended to read as follows:
D. Personal or household service establishment, such as, but not limited to, barbershop, beauty shop, laundry and dry-cleaning shop, shop renting household goods and appliances, tailor shop, and tattoo parlor.
SECTION 3. Chapter 27, Zoning, Part 11, PC/LI Planned Commercial/Light Industrial District, §27-1102, Uses Permitted by Right, Subpart B, shall be amended to read as follows:
B. Retail stores and service establishments, excluding retail gasoline/diesel fuel facilities, and personal service shops (e.g., barber shop, beauty salon, shoe repair, tailor, dressmaking, laundry, dry cleaning, and tattoo parlor).
SECTION 4. If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of Borough Council that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
SECTION 5. All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.
SECTION 6. This amendment shall take effect and be in full force and effect 5 days from and after the date of its final passage and adoption.
ENACTED AND ORDAINED this day of , 2011.
OXFORD BOROUGH COUNCIL
By:
ANDREW ATKINSON, President
ATTEST:
BEATRICE V. BRANTNER, Secretary
APPROVED THIS _____ DAY OF _________________, 2011. _______________________________
GEOFFREY HENRY, Mayor
ORDINANCE # 843 -2011
AN ORDINANCE OF THE BOROUGH OF OXFORD, CHESTER COUNTY, PENNSYLVANIA, AMENDING THE POLICE PENSION FUND OF THE BOROUGH OF OXFORD, PENNSYLVANIA, TO REFLECT COMPLIANCE WITH ACT 51
WHEREAS, the Borough of Oxford previously established the Police Pension Fund/Retirement Plan of the Borough of Oxford, Pennsylvania; and
WHEREAS, Act 51, referred to as the Emergency and Law Enforcement Personnel Death Benefits Act, requires certain modifications of the Police Pension Fund.
NOW, THEREFORE, be it ordained and enacted by the Borough of Oxford that the Police Pension Fund be and hereby is amended as follows:
SECTION 1. The following definition of “Act 51” shall be added to Article 1, Definitions, of the Police Pension Fund:
Act 51 means the act of October 9, 2009, amending the act of June 24, 1976 (P.L. 424, No. 101) referred to as the Emergency and Law Enforcement Personnel Death Benefits Act, further providing for death benefit eligibility and repealing certain provisions of the Municipal Police Pension law and the Municipal Pension Plan Funding Standard and Recovery Act.
SECTION 2. The following paragraph from subsection (a) in the DEATH BENEFITS SECTION of Article V shall be deleted in its entirety:
If the participant dies in the line of duty, the survivor annuity shall begin on the first day of the month on or after the date of the Participant’s death. The survivor annuity shall be equal to one hundred percent (100%) of the Participant’s Salary as of the date of his death.
SECTION 3. The following sentence shall be added to Article V, DEATH BENEFITS SECTION, subsection (a), as follows:
If the participant dies in the line of duty, any survivor benefit shall be payable outside of the Plan in accordance with Act 51 by the Commonwealth of Pennsylvania
SECTION 4. If any sentence, clause, section or part of this ordinance is, for any reason, found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of Borough Council that this ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
SECTION 5. All ordinances or parts of ordinances conflicting with any provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.
SECTION 6. This amendment shall take effect and be in full force and effect 5 days from and after the date of its final passage and adoption.
ENACTED AND ORDAINED this ________ day of _____________________________, 2011.
OXFORD BOROUGH COUNCIL
By:
ANDREW ATKINSON, President
ATTEST:
BEATRICE V. BRANTNER, Secretary
APPROVED THIS _____ DAY OF _________________, 2011.
_______________________________GEOFFREY HENRY, Mayor
ORDINANCE #844-2011
ORDINANCE AUTHORIZING THE BOROUGH OF OXFORD TO ENTER
INTO AN AGREEMENT REGARDING THE USDA LETTER OF CONDITIONS TO
OXFORD AREA SEWER AUTHORITY AND FULTON BANK BRIDGE LOAN OMMITMENT, WHICH ESTBLISHES A GUARANTEE BY OXFORD BOROUGH OF 44% OF THE PERMANENT FINANCING FOR FUNDING IMPROVEMENTS FOR THE OXFORD AREA SEWER AUTHORITY AND OTHER PROVISIONS
BE IT ORDAINED AND IT IS HEREBY ORDAINED AND ENACTED by the Council of the Borough of Oxford, Chester County, Commonwealth of Pennsylvania by the authority granted to them by the Borough Code as follows:
WHEREAS Oxford Borough is one of four member municipalities which form the Oxford Area Sewer Authority, consisting of the Borough of Oxford, Lower Oxford Township, East Nottingham Township and West Nottingham Township, collectively referred to herein as the Member Municipalities. The Authority’s purpose is to provide public sewer service to portions of the Member Municipalities and in connection with that the Authority and the Member Municipalities have approved a Regional 537 Plan addressing public sewer needs and improvements for meeting those needs.
WHEREAS to fund the improvements the Authority has secured approval from the U.S. Department of Agriculture for a loan in the amount of $27,000,000.00. The U.S. Department of Agriculture requires a guarantee from each of the Member Municipalities in their proportionate share.
WHEREAS the U.S. Department of Agriculture loan is for permanent financing. Accordingly, he Sewer Authority is required to seek interim, bridge or construction financing to build the projects for construction of the improvements.
WHEREAS Fulton Bank has issued a commitment letter for a bridge loan for the construction of the improvements and as a part of that commitment, is requiring that, in the event the interim loan with Fulton Bank should become a permanent loan by reason of the U.S. Department of Agricultural loan not closing, then, in that event, Fulton Bank would seek the same percentage of guarantee from the Borough of Oxford as the U.S. Department of Agriculture is demanding.
NOW THEREFORE BE IT ORDAINED AND ENACTED by the Council of the Borough of Oxford as follows:
Section 1. Approval of Improvements.
The Council of the Borough of Oxford hereby approves the Oxford Area Sewer Authority’s improvements to the public sewer system.
Section 2. Authorization to Enter into Agreement.
The Council of the Borough of Oxford hereby approves the entering into the following agreement: Agreement Regarding USDA Letter of Conditions to Oxford Area Sewer Authority and Fulton Bank Bridge Loan Commitment.
Section 3. Incorporation of Agreement.
The form of the agreement as is attached hereto and incorporated herein by reference but said form may be modified subsequently at the direction and approval of the Borough Solicitor.
Section 4. Authorization to Execute the Agreement.
The proper officers of the Council of the Borough of Oxford are hereby authorized, empowered and directed on behalf of the Borough of Oxford to execute the agreement in its final form when delivered to them as approved by their Solicitor.
Section 5. Terms of the Agreement.
The terms of the Agreement include a guarantee of 44% of the permanent financing of up to $27,000,000.00 at an interest rate of 4% by Oxford Borough, a commitment to adopt a connection ordinance, execute necessary documents for the financing, the anticipation that Oxford Area Sewer Authority will enter into an Agreement and to take whatever action is necessary for the Oxford Area Sewer Authority to close on the permanent loan.
Section 6. Amendments to the Agreement.
The Council of the Borough of Oxford is hereby authorized to execute such amendments to the above-captioned Agreement as is deemed necessary from time to time and as deemed appropriate by the Borough Solicitor to carry out the purposes of this Ordinance and the incorporated Agreement.
Section 7. Severability.
The provisions of this Ordinance are severable and if any of its provisions are ruled by court invalid or unconstitutional, such decision shall not affect or impair any of the remaining provisions of this Ordinance. It is declared to be the intention of Oxford Borough that this Ordinance would have been adopted if such invalid or unconstitutional provision had not been included.
ENACTED AND ORDAINED this day of , 2011.
OXFORD BOROUGH COUNCIL
By:
ANDREW ATKINSON, President
ATTEST:
BEATRICE V. BRANTNER, Secretary
APPROVED THIS _____ DAY OF _________________, 2011.
_____________________________________________
GEOFFREY HENRY, Mayor
