2021-02-24 Meeting Packet

WEST WHITELAND TOWNSHIP BOARD OF SUPERVISORS Agenda Wednesday, February 24, 2021, 6:30 p.m. Join Zoom Meeting https://us02web.zoom.us/j/87023118961?pwd=YlJxNW5aU1czUnlkWTIwQnFBNEpJQT09 Meeting ID: 870 2311 8961 Passcode: 723813 One tap mobile +16465588656 Etiquette for virtual meetings https://www.westwhiteland.org/DocumentCenter/View/1719/WWT-Virtual-Meeting-Etiquette Zoom instructions

Call To Order Pledge of Allegiance

ANNOUNCEMENTS: The Board of Supervisors met prior to tonight’s meeting to discuss matters of personnel and litigation

PUBLIC COMMENT: Comments from audience about items not on the agenda

HEARINGS & PLANS: 1. Dunwoody Drive Outdoor (Catalyst) Conditional Use (to be continued to 3/10) 2. Raj Real Estate Land Development 3. Arrandale Barn Condo Agreement Amendment CONSENT AGENDA: 1. Approval of February 10, 2021 Minutes 2. Resolution 2021-15 Disposition of Media 3. Final Escrow Release – 109 Coeway Lane BUSINESS: 1. 2020 Recap a. State of the Township Report b. Financial Review c. Required PA Municipalities Planning Code Report for 2020 2. Review of 2021 Township Priorities and Projects 3. Authorization to Advertise Traffic Ordinance Amendment 4. Authorization to Advertise – Verizon Franchise Agreement 5. Approval of Police Policy – Active Shooter 6. Accounts Payable Warrant Report 7. Township Commission Updates from Board Liaisons 8. Staff Updates – planning for DARA expansion; ADL staff training

Adjournment Next Meeting: March 10, 2021 Next Ordinance: 459 Next Resolution: 2021-15

***Note: Meeting Packets can be found on Township website***

West Whiteland Township Board of Supervisors Guidelines for Virtual Meetings West Whiteland ◄ IU 1 1,Eiih ► 2/24/2021

The Board of Supervisors welcomes the opportunity to listen to citizens’ comments on matters involving Township business. To maintain a respectful and productive atmosphere for public discussion during a virtual meeting, the following guidelines will apply:

1) Meeting participants are asked to mute their device to improve the sound quality for everyone else.

2) Those with questions or comments for anyone at the meeting are expected to keep the substance and tone respectful.

3) Only one person speaks at a time.

4) Participants who wish to speak are asked to click “raise hand” – or press * 9 on their phone. Please wait to be recognized by the Chair before speaking.

5) Commenters will share their name and address for the minutes.

6) In the interest of time, the Board may limit speakers to three minutes each.

When meetings involve long agendas and/or topics about which many people may want to comment, the following additional ground rules may apply:

7) The Board has discretion to decide that first preference for speaking will be given to West Whiteland residents, followed by non-residents if time permits. The Chairman will announce at the beginning of the meeting when this procedure will apply and ask that all speakers give their name and address.

8) Participants will refrain from asking questions or responding out of turn to the speakers or the Supervisors.

9) Speakers will be asked to keep their comments as brief as possible and limit repetition of comments to allow time for others to get their turn.

10) Time limits may be set when needed due to the length of the agenda.

MEMORANDUM

DATE: February 19, 2021 West Whiteland TO: Board of Supervisors FROM: Justin Smiley, AICP Township Planner/Historical Commission Liaison

SUBJECT: Amending the Declaration of Condominium of Arrandale at Oaklands for the Arrandale Barn

Motion: To approve the amendment for Section 3.2(b) of the Declaration of Condominium of Arrandale at Oaklands.

Arrandale Associates proposes amending the Declaration of Condominium of Arrandale at Oaklands to permit the demolition of certain portions of the Arrandale Barn in a manner that retains the barn’s historic features, and to make other amendments to establish the treatment, maintenance, and ownership of the barn until it is renovated.

The Arrandale Farm complex (est. 1810) is located at 600 W. Lincoln Hwy. in the Oaklands Corporate Center. In 1995, due to the historic nature of the Arrandale Farm complex, the structures were included in a condominium agreement between the owners of Oaklands Corporate Center and the Township, with the intention of preserving the farm’s core structures during the development of the corporate center. The condominium agreement included the Arrandale Manor House, Stone & Frame Tenant House, and the Arrandale Barn. The Arrandale farm complex served as the headquarters for Arrandale Associates, developers of the Oaklands Corporate Center, until recently. Through the years the condominium agreement has been amended to convey changes in ownership and maintenance of the historic structures.

Both the manor house (site 120) and tenant house (Site 122) are listed on the Township’s Historic Survey and have been maintained and preserved rather well over the last 30 years under Arrandale Associates ownership as directed by the condominium agreement. However, the barn, which is not currently listed on the Township’s Historic Survey has deteriorated during that same timeframe. Over the past several years, ownership has used the barn as a storage building for their business and has maintained and stabilized some of the barn’s structural deficiencies – per the Section 3.2(b) - but maintains that fully rehabilitating the larger elements of the barn is cost prohibitive. Arrandale Associates contacted the Township in 2018 to request approval for the demolition of the Arrandale Barn because of its poor condition, safety concerns with its proximity to Collegium Charter School and the difficulty it created for them to sell the associated Manor House.

Since the initial demolition request, Arrandale Associates has allowed Township Staff, Historical Commission Members and the Township’s historical consultant to access the barn and observe both the interior and exterior conditions. The Arrandale barn is quite large, with several distinctive additions and features making its preservation more challenging. This coordination between the Township and ownership has assisted both parties to develop a plan for the barn’s proposed reuse that retains the most significant portions, including the main original barn section and barnyard walls. The amendment to the condominium agreement is the first step to further detail the rehabilitation of certain portions of the barn that will assist in the preservation of the structure and the entire farm complex.

The Township Historical Commission reviewed the amendment at their meeting of January 11, 2021. Following discussion, the Commission unanimously passed a motion declaring their support of the amendment with minor edits to reference exhibits to the amendment and recommending Board approval.

The draft amended declaration is included in the meeting packet. Staff supports Board action on the Motion as stated above and can provide a complete copy of the original Declaration and supporting documentation at your request.

Attachments 1. Amendment to Declaration showing revisions (redline), dated January 15, 2021.

2 REVIEW DRAFT – 1.15.21 (with Township comments) PREPARED BY & RETURN TO: RILEY RIPER HOLLIN & COLAGRECO Attn: Jeffrey T. Cronin, Esquire 717 Constitution Drive, Suite 201 P.O. Box 1265 Exton, PA 19341 610-458-4400

UPI No.: 41-4-30.2; 41-4-28.2

AMENDMENT TO DECLARATION OF CONDOMINIUM OF ARRANDALE AT OAKLANDS

THIS AMENDMENT TO DECLARATION OF CONDOMINIUM ("Amendment") is made this ___ day of January, 2021 ("Effective Date"), by ARRANDALE ASSOCIATES, a Pennsylvania limited partnership ("Declarant") with the consent of RHA ASSOCIATES, L.L.C., a Delaware limited liability company (“RHA”), PRC-PRECISE REAL ESTATE COMPANY, L.P., a Pennsylvania limited partnership (“PRC”), and joinder of WEST WHITELAND TOWNSHIP, a Pennsylvania township of the second class (“Township”).

BACKGROUND

A. On January 13, 1995, Declarant recorded the Declaration of Condominium of Arrandale at Oaklands in the Office of the Chester County Recorder of Deeds at Record Book 3852, Page 1060, as amended by Amendment to Declaration of Condominium of Arrandale at Oaklands recorded in the Office of the Chester County Recorder of Deeds at Record Book 3868, Page 580 on March 6, 1995, as amended by Amendment to Declaration of Condominium of Arrandale at Oaklands Condominium recorded in the Office of the Chester County Recorder of Deeds at Record Book 4096, Page 63 on October 15, 1996 (collectively, the "Declaration"), by which the "Property" (as such terms is defined in the Declaration) was submitted to the terms of the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101, et seq. ("Act"), and to the covenants, restrictions and easements set forth in the Declaration.

B. The Condominium initially consisted of two (2) Units, identified as Unit 1 and Unit 2 as identified on the Plats and Plans, both of which Units were initially owned by the Declarant.

C. By Deed dated January 4, 1995 and recorded in the Office of the Chester County Recorder of Deeds at Record Book 3852, Page 1122 on January 13, 1995, the Declarant conveyed Unit 2, together with a proportionate undivided interest in the Common Elements (as defined in the Declaration) of 50%, to RHA, following which conveyance, Declarant remained as the owner of Unit 1 and RHA Associates, L.L.C. became the owner of Unit 2.

D. By Amendment to Declaration of Condominium of Arrandale at Oaklands Condominium recorded in the Office of the Chester County Recorder of Deeds at Record Book 4096, Page 63 on October 15, 1996, Declarant exercised certain Special Declarant Rights reserved in Article XIII of the Declaration by converting certain Convertible Real Estate and adding certain Additional Real Estate to the Condominium to create Unit 3 containing approximately 6.337 acres, more or less, and reallocating each Unit’s Percentage Interest and votes in the Association, such that each Unit was allocated 33 1/3 Percentage Interest and 33 1/3 votes in the Association.

E. By Deed dated June 28, 2013 and recorded in the Office of the Chester County Recorder of Deeds at Record Book 8755, Page 463 on July 1, 2013, 100 Arrandale Associates L.P. conveyed Unit 3 to PRC.

F. Section 3.2 of the Declaration provides certain covenants benefitting the Township and enforceable by the Township which covenants run with the land, including, inter alia, Sections 3.2(a) and 3.2(b) of the Declaration.

G. Section 3.2(a) of the Declaration provides that the exterior of the existing two-story manor house located on Unit 1, shown as “two-story frame office building” on the Plats and Plans, shall be preserved and maintained by the Owner of Unit 1 in a manner consistent with the United States Secretary of the Department of the Interior’s Standards and Guidelines for Rehabilitating Historic Buildings, with particular emphasis on the northern and western facades thereof.

H. Section 3.2(b) of the Declaration provides that the Owner of Unit 1 shall (i) stabilize and maintain the existing principal barn and existing stone wall located on Unit 1, and shown on the Plats and Plans as “two story stone barn and eight-foot wall”, in a manner consistent with the “Standards and Guidelines for Rehabilitating Historic Buildings”, with particular emphasis on the preservation and maintenance of the northern and eastern facades thereof, and (ii) exercise best efforts, in good faith, to find a suitable adaptive use and user for the barn.

I. Section 3.2(g) of the Declaration provides that the restrictive covenants contained in Section 3.2, including Section 3.2(b) referenced herein, are enforceable by the Township in the same manner as zoning regulations and may not be released, terminated, discharged or modified except by writing containing the express joinder of the Township, acting by and through its governing body.

J. Declarant desires, and the Township agrees, as evidenced by Township’s joinder to this Amendment, to amend the Declaration to permit demolition of certain portions of the barn in a manner that retains the barn’s historic and stable features, and to make such other amendments to the Declaration as are provided herein, upon the terms and conditions provided herein.

K. Section 5.1 of the Declaration provides that any amendments to the Declaration, subject to any exceptions provided in § 3219 of the Act, shall require the consent of Unit Owners entitled to cast at least sixty-seven percent (67%) of the votes in the Association.

L. In accordance with the provisions of § 3219 of the Act, Section 3.2(g) of the Declaration, and Section 5.1 of the Declaration, Declarant, RHA and PRC, with joinder by the

1076079.1 2 Township, unanimously desire to amend the Declaration as provided herein for the purposes delineated herein.

NOW THEREFORE, Declarant, with the joinder and consent of RHA, PRC and the Township, intending to be legally bound, hereby amends the Declaration as follows:

1. The foregoing Background Paragraphs are incorporated herein by this reference as if fully set forth herein. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such terms in the Declaration.

2. Section 3.2(b) of the Declaration is hereby amended to add the following language after the last sentence of the paragraph:

“Notwithstanding the foregoing, subject to satisfaction of the conditions herein contained, the Owner of Unit No. 1 may demolish certain structural aspects of the barn in a manner that allows for construction of a new building within the existing barn envelope while retaining the barn’s historic and stable features, as more specifically described in the next sentence and within Exhibit “A” and as depicted on Exhibit “B”, each of which are attached hereto and incorporated herein. In furtherance of the foregoing, the Owner of Unit No. 1 shall retain as much of the existing exterior stone east gable end wall and adjacent east section of the north stone wall as is reasonably practicable. The Owner of Unit No. 1 may demolish the existing timber floor, the roof framing, the west wall and such other portions of the barn for which preservation is not reasonably practicable (other than the barn’s historic and stable features to be retained) to allow for construction of a new structure within the footprint of the remaining existing barn shell, as more specifically described below and in Exhibit “A” attached hereto and incorporated herein. Additionally, the Owner of Unit No. 1 may demolish and/or remove the left front (east) out-shed flanking the barn. The Owner of Unit No. 1 may construct a new building within the existing barn footprint utilizing modern construction methods and materials compatible with the historic materials of the barn as reasonably determined by the Township. The demolition of any portion(s) of the barn requires a demolition permit from the Township, and the Owner of Unit No. 1 shall secure such demolition permit from the Township. The Township agrees that the Township will not unreasonably withhold its approval of such demolition permit to allow for use of the existing barn footprint as described above. Notwithstanding any other provisions in the Declaration to the contrary, including without limitation Section 8.1 hereof, in the event of damage, destruction, collapse or crumbling of the barn resulting from natural conditions or other hazard prior to commencement of the new construction within the existing footprint, the Owner of Unit No. 1 shall have no obligation to rebuild, reconstruct or restore the barn to its prior condition. In such circumstance, the sole obligation of the Owner of Unit No. 1 shall be to salvage the northeast stone wall of the barn to the greatest

1076079.1 3 extent reasonably practicable and secure the ruins of the remainder of the collapsed barn to allow for construction of a new structure within the footprint of the remaining existing barn shell as referenced in Exhibit A to the extent feasible.”

3. Except as expressly modified hereby, the terms and conditions of the Declaration shall remain in full force and effect and are unchanged hereby. This Amendment may be executed in counterparts which, in aggregate, shall constitute one original.

[SIGNATURE PAGES FOLLOW]

1076079.1 4 IN WITNESS WHEREOF, Declarant, in its capacity as Declarant and the Owner of Unit 1, intending to be legally bound, has executed this Amendment as of the Effective Date.

WITNESS: DECLARANT:

ARRANDALE ASSOCIATES, a Pennsylvania limited partnership

By: OAKLANDS BUSINESS PARKS, INC. its general partner

______By: ______Name: Title:

COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CHESTER :

On this ______day of January, 2021, before me, the undersigned officer, personally appeared ______, who acknowledged her/himself to be the ______of OAKLANDS BUSINESS PARKS, INC., a Pennsylvania corporation, General Partner of ARRANDALE ASSOCIATES, a Pennsylvania limited partnership and, being authorized to do so, acknowledged that s/he executed the foregoing instrument on behalf of the corporation for the purposes therein contained.

Notary Public

[AMENDMENT TO DECLARATION OF CONDOMINIUM OF ARRANDALE AT OAKLANDS DECLARANT SIGNATURE PAGE]

1076079.1 5

JOINDER AND CONSENT

RHA ASSOCIATES, L.L.C., a Delaware limited liability company ("RHA"), intending to be legally bound, in its capacity as the Owner of Unit 2 of the Condominium, hereby approves and consents to the foregoing Amendment to Declaration of Condominium of Arrandale at Oaklands.

WITNESS: RHA:

RHA ASSOCIATES, L.L.C., a Delaware limited liability company

______By: ______Name: Title:

COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CHESTER :

On this ______day of January, 2021, before me, the undersigned officer, personally appeared ______, who acknowledged her/himself to be the ______of RHA ASSOCIATES, L.L.C., a Delaware limited liability company and, being authorized to do so, acknowledged that s/he executed the foregoing instrument on behalf of the corporation for the purposes therein contained.

Notary Public

[AMENDMENT TO DECLARATION OF CONDOMINIUM OF ARRANDALE AT OAKLANDS RHA JOINDER AND CONSENT]

1076079.1 6 JOINDER AND CONSENT

PRC-PRECISE REAL ESTATE COMPANY, L.P., a Pennsylvania limited partnership ("PRC"), intending to be legally bound, in its capacity as the Owner of Unit 3 of the Condominium, hereby approves and consents to the foregoing Amendment to Declaration of Condominium of Arrandale at Oaklands.

WITNESS: PRC:

PRC-PRECISE REAL ESTATE COMPANY, L.P., a Pennsylvania limited partnership

By: ITC-INTERNATIONAL TRADING CORPORATION, its general partner

By: ______Name: Title:

COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CHESTER :

On this ______day of January, 2021, before me, the undersigned officer, personally appeared ______, who acknowledged her/himself to be the ______of ITC-INTERNATIONAL TRADING CORPORATION, a Pennsylvania corporation, General Partner of PRC-PRECISE REAL ESTATE COMPANY, L.P., a Pennsylvania limited partnership and, being authorized to do so, acknowledged that s/he executed the foregoing instrument on behalf of the corporation for the purposes therein contained.

Notary Public

[AMENDMENT TO DECLARATION OF CONDOMINIUM OF ARRANDALE AT OAKLANDS PRC JOINDER AND CONSENT]

JOINDER AND CONSENT

1076079.1 7

WEST WHITELAND TOWNSHIP, a Pennsylvania township of the second class (the "Township"), intending to be legally bound, solely for the purpose set forth in the Background Paragraphs and Paragraph 2 of the foregoing Amendment to Declaration of Condominium of Arrandale at Oaklands (“Amendment”), hereby approves and consents to the foregoing Amendment.

WITNESS: TOWNSHIP:

WEST WHITELAND TOWNSHIP, a Pennsylvania township of the second class

______By: ______Name: Title:

COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CHESTER :

On this ______day of January, 2021, before me, the undersigned officer, personally appeared ______, who acknowledged her/himself to be the ______of WEST WHITELAND TOWNSHIP, a Pennsylvania township of the second class and, being authorized to do so, acknowledged that s/he executed the foregoing instrument on behalf of the corporation for the purposes therein contained.

Notary Public

[AMENDMENT TO DECLARATION OF CONDOMINIUM OF ARRANDALE AT OAKLANDS TOWNSHIP JOINDER AND CONSENT]

EXHIBIT “A”

1076079.1 8

Standards of Construction and Maintenance of Existing Barn

Treatment of specific elements of existing barn:

a. Retain and repair as much of the existing barn fabric and massing as possible, paiiicularly the exterior walls and detail features. b. The main barn s interior floor and roof sh1.1cture may be replaced with a modern structure within the massing envelope of the original barn. c. The existing south forebay overlooking the barnyard may be reduced in size; returned to its earlier, sh01ier cantilevered form with new floor, wall, and roof framing. d. The existing east and n011h stone walls shall be retained and repaired. e. The leaning west stone wall may require reconsh1.1ction if stabilizing it in place is not feasible. The final wall design and materials shall be compatible with barn's historic character as approved by the Township. f. The front no1ihwest comer out-shed walls will be retained. The floor and roof framing may be reconstructed. The distinctive west cantilevered wood-frame extension will be retained and restored. g. The front northeast corner out-shed may be demolished. The adjacent north stone wall of the barn shall be repaired as needed and the shed basement filled in. h. The rear, east-side addition may be renovated using the existing stmcture with new exterior cladding. The 24-inch-high raised floor at the lower-level pass through section could be lowered to create a flat floor. 1. Exterior design, windows, cladding, finish materials, and details should be compatible with the barn's historic character, as approved by the Township.

j. Preservation of the barn yard stone wall shall be in accordance with Township regulations (Fire Marshal & Codes).

Standards of maintenance until renovation of existing barn:

a. Repair all roof and wall openings. b. Secure all door and window openings to be weathertight and prevent intn1sion. c. Maintain the entire exterior envelope to be weathertight at all times. d. Maintain the site and barnyard clear of vegetation. e. Remove invasive vegetation that ma) grow on the building. f. Provide bracing if stn1c.tural movement occurs or to prevent movement. g. Allow access by the Township to the bain site and interior to verify maintenance.

1076079.1 9 EXHIBIT “B”

Rendering of Existing Barn Preservation Areas

1076079.1 10

MEMORANDUM

DATE: February 19, 2021 West Whiteland TO: Board of Supervisors FROM: John R. Weller, AICP Director of Planning and Zoning

SUBJECT: 4 Tabas Lane Preliminary land development plan

APPLICANT: RAJ Real Estate, LLC 81 Margil Farm Dr. Downingtown, PA 19335

SITE ADDRESS: 4 Tabas La. Exton, PA 19341

TAX PARCEL: 41-5-175

ZONING: TC, Town Center

DESCRIPTION: Construction of a 1-story, 13,297 sq.ft. storage building on a 3-acre lot with an existing retail commercial building, which is to remain.

EXPIRES: February 24, 2021

Motion: To approve the land development plan entitled “RAJ Real Estate, LLC / 4 Tabas Lane” as depicted on the 12-sheet plan set prepared by Vastardis Consulting Engineers, LLC dated July 2, 2020 and most recently revised November 19, 2020 (“Plan”) subject to the 17 waivers and conditions listed below:

1 SSM advises that their estimated construction cost for sidewalks is $9.00/linear foot. The subject property has 530 ft. of frontage on Tabas La., resulting in an estimated cost/donation amount of $9 x 530 = $4,770. 4. Waiver of §281-34.B(4) of the S/LDO to allow the parking lot landscaping as currently shown, pursuant to comment #7 of the Theurkauf Design and Planning (“Theurkauf”) review dated December 22, 2020. 5. Waiver of §281-35.B(6) of the S/LDO to allow the placement of the loading area as currently shown without the enclosure and screening required by this section. 6. Waiver of §281-67.B(1)(c) of the S/LDO to allow building façade design as proposed. 7. The “Zoning Requirement” chart on Sheet 1 of the Plan shall be corrected. 8. Prior to the issuance of any building permit, the Applicant shall provide documentation that the stormwater management facilities comply with the managed release concept requirements of the Pennsylvania Department of Environmental Protection, pursuant to comments #14 and #15 of the SSM review dated December 18, 2020. 9. The Plan shall be revised to show all storm sewer piping with a minimum diameter of fifteen inches, pursuant to comment #18 of the SSM review dated December 18, 2020. 10. The Applicant shall resolve the groundwater concerns described in comment #6 of the SSM review dated December 18, 2020 to the satisfaction of the Township as advised by SSM. 11. Payment of a fee in lieu of dedication of permanent open space in the amount of $12,337.002 to be paid in full at or before such time that application is made for the first Building Permit pursuant to this project. 12. Payment of a traffic impact fee in the amount of $3,658.95, pursuant to Township Ordinance No. 427 and comment #2 of the Traffic Planning and Design review dated September 24, 2020. Said fee shall be paid in full at or before such time that application is made for the first Building Permit pursuant to this project. 13. The Applicant shall secure any and all necessary permissions from adjoining property owners to allow the construction of the stormwater management system prior to the issuance of the first Building Permit pursuant to this project. 14. All remaining consultant and Staff concerns shall be resolved to the satisfaction of the Township. 15. Execution and recording of the Township’s Stormwater Facilities Maintenance Agreement and Landscaping Restrictive Covenant, pursuant to Township practice. If the Applicant makes no material revisions or additions to the standard form of the said documents, then the Board hereby authorizes the Township Manager to sign these forms on behalf of the Township. 16. Execution of a Developer Agreement and a Financial Security Agreement pursuant to Township practice. The amount of such security shall be based upon construction cost estimates for the site improvements, including landscaping, to be provided by the Applicant, which shall be reviewed and deemed sufficient by SSM and Theurkauf. If the Applicant makes no material revisions or additions to the standard form of the said agreements, then the Board hereby authorizes the Town- ship Manager to sign these forms on behalf of the Township. 17. Payment of all outstanding Township invoices within 45 days of the date of final plan approval or at time of application for a building permit, whichever comes first.

2 As specified by §281-47.C of the S/LDO, the “inflation calculator” on the website of the Bureau of Labor Statistics shows that $910 in July 2019 is now worth $927.77, which is the fee amount per 1,000 sq.ft. of floor area on the ground floor. The fee required here is $927.77 x 13.297, rounded to the nearest whole dollar. 2 The subject property covers 3.01 acres in the Town Center (“TC”) zoning district along the east side of Tabas La., a private street serving several light industrial properties adjacent to the Laborers’ Training facility. The property is the site of Apna Bazar, a 15,104 sq.ft. multi- tenant retail space and is nearly level, sloping gently down from east to west. There are no wooded areas, FEMA-designated floodplains, or regulated steep slopes on the property.

The Applicant is proposing a 13,297 sq.ft. (about 180’ x 75’) storage building that will be ancillary to the existing commercial operation on the site, which is to remain; the parking lot will be enlarged and improved. The Zoning Officer has determined that the proposed building is permitted in the TC zoning district as being ancillary to the existing permitted use, pursuant to §325-13.B(2)(d) of the West Whiteland Township Zoning Ordinance (“Zoning”). There are existing non-conformities on the property, and there is a minor error in the “Zoning Requirement” chart3 on Sheet 1, but the proposed development will not create any new aspects of non-conformity nor worsen any existing non-conformity; no Zoning relief is needed to allow the project.

The Applicant presented this project to the Planning Commission at the meetings of August 4, 2020 and February 2, 2021. During discussion, the Commission considered the need for sidewalks, observing that the Township’s Bicycle and Pedestrian Plan does not show sidewalks along Tabas La. and ultimately concluding that sidewalks need not be provided here but that the Applicant should make a contribution to the Township’s sidewalk fund equivalent to the cost of the sidewalk that could be required; this is included as condition #3 of the Motion above. The Commission expressed concern about the awkward intersection of Lincoln Hwy. and Tabas La. – particularly given the proximity of the Chester Valley Trail – but it was agreed that this Applicant is not able to resolve this issue. In response, Staff agreed to convene a meeting at the intersection with County officials to discuss what options exist for improving the intersection. At the conclusion of discussion at the February 2 meeting, the Commission unanimously passed a motion recommending that the Board approve the plan with the waivers and conditions as listed above in the Motion.

Tonight is the Applicant’s first presentation of this plan to the Board.

Consultant Reviews

• SSM review dated December 18, 2020. Comments #1 through #4 state that SSM has no objection to any of the requested waivers but defers to other consultants in some cases. Most of the remaining comments direct minor corrections and revisions or note the need for review by other consultants. Comment #6 advises that existing springs on the site may impact the design of the building and notes that the Applicant has agreed to conduct additional testing concerning this issue “prior to finalization of the site development drawings…” The Applicant had not completed this testing by the time of the Planning Commission meeting, but they stated that any findings would not affect the size or placement of the proposed building or paved areas, so the Commission was content to make the testing a condition of plan approval (condition #10 of the Motion). Comments #14 through #21 address the stormwater management facilities. These appear generally satisfactory, and SSM agrees with the Applicant in that infiltration of runoff is not suitable for this site. SSM expressed concerns about whether the design complies with the requirements of the state Department of Environmental Protection

3 It appears that the chart has not been updated to reflect the Zoning amendment of April 22, 2020: there is no longer a required setback from private streets, and the side and rear yard setback requirements shown are not correct. Even so, the proposed development is consistent with the current Zoning, and the lot line setbacks shown for the proposed building comply with the current provisions of §325-13.C(5)(a). 3 (“DEP”) for the managed release concept strategy. The Applicant informed the Planning Commission that they were confident that DEP would find the system to be satisfactory, so the Commission agreed to make this issue a condition of approval (condition #8 of their Motion above). Finally, comment #18 notes that some of the storm sewer piping is smaller than required. The Applicant has agreed to provide compliant pipe, as stated in condition #9 of the Motion. • Theurkauf review dated December 22, 2020. Comment #1 reviews the pedestrian accommodations, expressing concern about the lack of a connection to Lincoln Hwy. While this is true, we cannot require the Applicant to improve property that they do not control. The remaining comments about the on-site pedestrian accommodations are generally satisfactory. Comment #2 addresses compliance with the Town Center architectural design standards. The principal concern is the lack of windows on the lower part of the building. The Planning Commission discussed the design, noting that the use and location of this building suggested that the design was less of a concern than would normally be the case and concluding with a recommendation to waive this provision to allow the design as proposed (condition #6 of the Motion). The review also addresses the existing building. The Planning Commission and Staff agree that the existing building would be an issue only if the Applicant were proposing changes to it. Since that is not the case, these comments are not relevant. Comments #3 and #4 address the landscaped buffers and screens. Comment #3a notes that the new loading area cannot be screened from Tabas La. and suggests that it be relocated to a place where it can be screened. The Planning Commission found this recommendation infeasible and instead support a waiver (condition #5 of the Motion) to allow the landscaping as shown. Comment #3b directs additional plantings around the dumpster enclosure, #4b directs clarification on shrub size, and #4c directs three additional trees to satisfy the perimeter buffer requirement. It appears that the buffer plantings are otherwise satisfactory. Most of the remaining comments document resolution of earlier concerns, although minor revisions and corrections are directed in comments #13 and #15 through #18. • Stubbe Consulting review dated December 18, 2020. Comment #1 states that additional information is required to determine compliance with the limits on overnight lighting. Comments #2 and #3 advise that that additional information is needed to determine compliance with minimum standards. Comment #4 expresses concern about the landscaping interfering with the lighting, particularly as the landscaping matures, and comment #6 questions whether a proposed lamppost near the stormwater basin has an adequate footing. Comment #5 directs the addition of specific notes to the plan. • Traffic Planning and Design (“TPD”) review dated January 4, 2021. Comment #1 raises concerns about the intersection of Tabas La. and Lincoln Hwy. The Commission discussed this matter and determined that this Applicant cannot be directed to resolve this issue since they do not have the legal right to improve the intersection. The Applicant has similar limitations regarding the recommendation to widen Tabas La. (comment #9). Staff will coordinate a meeting with TPD, the County, and other stakeholders – unrelated to the review of this project – to determine how best to mitigate these concerns. Comment #2 addresses the loading areas. We note that the “loading area” on the south side of the building is actually a garage door allowing vehicle access into the

4 building: it is not, in fact, a loading area. The plan shows that if the loading area at the northwest corner of the building is in full use, the north access to the site will be blocked. General Note 29 on Sheet 1 addresses this by stating that there will be limits on both the size of trucks that will use the dock bays as well as hours of use. TPD is concerned about the practicality and enforceability of this solution. While these are valid concerns, we note that even if the north driveway is blocked the site is fully accessible from the south driveway: a blockage would not create a public hazard. The Planning Commission and Staff are therefore agreeable to the design as proposed, noting that the enforcement of any restrictions will be incumbent upon the property owner (not the Township) and in their own interest. Comment #12 questions the placement of the trash dumpster at the southeast corner of the proposed building. We agree that the location is not ideal, but the Applicant prefers this location and we find that this is a private concern and not a matter of public interest. Comment #13 raises the same concern about sidewalks as comment #1 of the Theurkauf review. Comments #8, #14, and #15 describe minor additions and revisions to the drawing that should be executed prior to recording of the plan. Prior reviews have advised that the traffic study provided by the Applicant is acceptable and that the traffic impact fee for this project is $3,658.95 • Director of Public Works memorandum dated January 4, 2021. Mr. Otteni recommends removal of several signs and directs a correction to the stormwater facility maintenance provisions on Sheet 10. • Chester County Planning Commission review dated August 11, 2020. Comment #1 states that this project is consistent with the County Comprehensive Plan. The remaining comments in the “Watersheds” and “Primary Issues” sections are addressed by either our regulations or in our consultant and Staff comments.

The Fire Marshal and Chief of Police have advised that they have no comments on this project.

Staff Comment

While there are a number of remaining issues, Staff is of the opinion that they are sufficiently minor to be addressed as conditions of approval. Staff has no objection to Board action on the Motion tonight.

The review period for this plan will expire prior to the next Board meeting. If you elect not to act on this plan tonight, it will be necessary to secure an extension from the Applicant in to prevent a deemed approval.

Attachments 1. SSM review dated December 18, 2020. 2. Theurkauf review dated December 22, 2020. 3. Stubbe Consulting review dated December 18, 2020. 4. TPD review dated January 4, 2021. 5. Director of Public Works memo dated January 4, 2021. 6. Chester County Planning Commission review dated August 11, 2020. 7. Plan set dated July 2, 2020, most recently revised November 19, 2020. 8. Warehouse rendering provided by Applicant, undated. 9. Draft motion prepared by Staff, dated January 15, 2021.

5 Spotts, Stevens and McCoy 1047 N. Park Road > Reading PA 19610 610.621.2000 > F. 610.621.2001 > SSMGROUP.COM ( > SSM

December 18, 2020

Mr. John R. Weller, AICP Director of Planning and Zoning West Whiteland Township 101 Commerce Drive Exton, PA 19341

RE: RAJ Real Estate, LLC (4 Tabas Lane) Final Land Development Plan SSM File 101008.0322

Dear Mr. Weller:

We have reviewed the above referenced application, consisting of the following:  Vastardis Consulting Engineers, LLC Plan Set (12 sheets), dated January 6, 2020, most recently revised November 19, 2020 and  Warehouse Storage Building Rendering Raj Real Estate is proposing to construct a 13,297 square foot building for storage purposes at 4 Tabas Lane. Currently on the site is a 15,104 sq. ft. retail commercial building which is proposed to remain as is. The tract is 3.009 acres and zoned Town Center Mixed Use. Issues regarding traffic and pedestrian circulation, landscaping, and lighting will be addressed by Traffic Planning and Design, Theurkauf Design and Planning, and Stan Stubbe, respectively. We have the following comments.

WAIVERS REQUESTED 1. Sections 270-20.A, C & D – These sections require various volumes of stormwater runoff infiltration. We support the waiver request based on the conclusions of the previously submitted Carbonate Geology and Infiltration reports. 2. Section 281-35.D & E – To allow the required perimeter buffer and screen widths to be reduced as shown per the parking setbacks allowed by §325-13.C(5)(c) of the Town Center Zoning regulations and as allowed by SALDO. The applicant has indicated they will be installing perimeter fencing to provide additional screening. Theurkauf Design and Planning should comment on this request. 3. Section 281-31.A – To not provide sidewalks along Tabas Lane. We have no objection to this request. 4. Section 281-34.B – A partial waiver request to not plant a shade tree in the parking islands on the top of the proposed basin where the sidewalk is proposed. Theurkauf Design and Planning should comment on this request.

ENGINEERING | SURVEYING | ENVIRONMENTAL SERVICES Mr. John Weller | West Whiteland Township SSM File 101008.0322 December 18, 2020 Page 2 of 3 ( > SSM

COMPLIANCE WITH ZONING ORDINANCE 5. All new construction shall comply with the architectural design standards established by Section 281- 67 of the SALDO, Section 325-13.D(3). It is our understanding that Theurkauf Design and Planning is reviewing the plans for these requirements. COMPLIANCE WITH ZONING ARTICLE XV: CARBONATE AREA DISTRICT 6. Regarding Section 325-77.A(4), SSM observed springs on the site at the northern side of this property immediately after the construction of the Cube Smart project. The plans and design must also demonstrate how groundwater seepage and perched groundwater conditions will be addressed. The plan now notes that the applicant will perform “preliminary test excavations in the northern section of the property, in the near future, and prior to the finalization of the site development drawings, …If springs or high groundwater are encountered, the plans and design will incorporate methods to address this condition.” We recommend that the Township does not approve the plans until the tests are complete and that we be notified 3 working days prior to the tests being competed so that we may be present. In addition, the tests shall be overseen by a licensed geologist, engineer or soil scientist that has experience in evaluating soil tests pits for a seasonal high or perched water table.

COMPLIANCE WITH SUBDIVISION AND LAND DEVELOPMENT ORDINANCE 7. The type and size of curbing to be installed shall be provided, Section 281-17.E(3)(c) and shall be in accordance with the details in Attachment 4, Appendix D. 8. The words “are correct” shall be removed from the engineer/surveyor’s Certification of Accuracy. The engineer’s signature, seal and date shall be provided in the Certificate of Accuracy prior to the Township endorsing the plan, Section 281-17.G. 9. The “Owner’s Affidavit” that has been replaced by the new one shall be removed. 10. The design of the proposed site element screens shall be in accordance with the provisions contained in Section 281-35.G. Details of the fence around the dumpster pad shall be provided. 11. An improvements agreement and guarantee will be required, Section 281-54. The design engineer shall submit a site construction cost estimate for review. 12. Proposed buildings which require land development approval, but are not conditional uses shall submit conceptual architectural documentation to West Whiteland Township which demonstrates compliance with the architectural design standards for the Town Center Mixed Use District, Section 281-67.A(2). It is our understanding that Theurkauf Design and Planning is reviewing the plans for these requirements. 13. Architectural documentation submitted to the Township for review shall include shadow projections created by façade articulations in accordance with the Section 281-67.B. It is our understanding that Theurkauf Design and Planning is reviewing the plans for these requirements.

COMPLIANCE WITH STORMWATER MANAGEMENT ORDINANCE 14. Section 270-19 requires site designs to address water quality. Since infiltration is not feasible on this site, water quality BMPs must be provided in accordance with the Managed Release Concept (MRC) outlined by PaDEP. Calculations that are consistent with the MRC and PaDEP NPDES permit Mr. John Weller | West Whiteland Township SSM File 101008.0322 December 18, 2020 Page 3 of 3 ( > SSM

requirements must be submitted for review. We note that the issuance of an NPDES permit for this project will satisfy Section 270-19. 15. To verify that the design is consistent with the Managed Release Concept (MRC) requirements, complete MRC calculations must be provided for review. The Managed Release Concept Design Summary sheet from PaDEP must be provided and completed for each MRC BMP. 16. The applicant shall provide the Township with the “letter of adequacy” from the Chester County Conservation District for the E&S Plan prior to the Township endorsing the plan, Section 270- 17.A(1)(a). 17. The applicant shall provide the Township with a copy of the required NPDES Permit prior to the Township endorsing the plan, Section 270-17.A(1)(b). 18. Storm sewers shall have a minimum diameter of 15 inches except within BMPs, e.g. underdrain systems, Section 270-29.E(2). Eight inch diameter PVC storm sewers are specified throughout the development. 19. The applicant statement of Section 270-32.A(3) and the design engineer signature block of Section 270-32.A(4) shall be signed prior to the Township endorsing the plan. 20. A stormwater operation and maintenance agreement shall be provided, Section 270-43. 21. Note 2 under the OS01 detail on sheet 10 shall be removed.

GENERAL 22. The curb entrance returns shall be tangent to Tabas Lane. 23. The driveway crossing trench restoration detail does not appear to be applicable. However, the same detail would be appropriate for trench repair within Tabas Lane with the following modifications: a. The paving cross section shall be in accordance with Attachment 4 – Appendix D Street Section Detail. b. Asphalt paving specifications shall use Superpave nomenclature. 24. All asphalt paving specifications listed on the plans shall use Superpave nomenclature. 25. The typical road rehabilitation detail appears to not be applicable and therefore shall be removed. If the design engineer believes that it is applicable, they should contact the author of this letter to discuss where it is applicable and appropriate modifications may be required. Please contact me if you have any questions.

Sincerely, Spotts, Stevens and McCoy

Kent D. Morey, P.E. Senior Engineer [email protected] cc: Mark Stabolepszy, P.E.

M E M O R A N D U M

TO: John Weller, AICP, West Whiteland Township Director of Planning and Zoning Justin Smiley, AICP, Township Planner Nicholas L. Vastardis, P.E., Vastardis Consulting Engineers, Inc.

FROM: Edward A. Theurkauf, RLA, ASLA, APA Kelsey Stanton Murphy, ASLA

DATE: December 22, 2020

SUBJECT: REVIEW COMMENTS – RAJ REAL ESTATE LAND DEVELOPMENT PLAN DATED 12-14-20

Please note our review comments pertaining to the following documents that we received by email on 12-14-20 and to a site visit on 5-14-18:

• Land Development Plan consisting of 12 sheets; • Elevation Rendering; • Landscape Cost Estimates dated 11-25-20; and • Response Letter dated 12-11-20 from Vastardis Consulting Engineers, Inc.

Comments that have been addressed are so noted. New comments are in bold.

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1. Pedestrian Accessibility – Section 325-13.A.1 of the zoning ordinance (ZO) establishes the Town Center District as a mixed use, pedestrian-oriented area. Section 325-37.A.7.a.2 (ZO) requires walkable access to community facilities and commercial areas. Sections 281-31.A (SLDO) and 281-69 (SLDO) require sidewalks along all streets, with additional specific standards within the Town Center District. With no provision for pedestrian access from offsite proposed, the plan fails to meet the core purpose of the Town Center District and the objective standards of the zoning and land development ordinances: a. Pedestrians access the farmers market from Tabas Lane and the Chester Valley Trail (CVT), yet no sidewalks to the site are proposed. The plan shall be revised to extend a six foot wide sidewalk along the Tabas Lane property frontage with connections into the site to achieve even rudimentary ordinance compliance. As a matter of public safety, the sidewalk should extend along Tabas Lane to Route 30 and the Chester Valley Trail. b. Per section 281-69.C (SLDO), sidewalks serving commercial buildings shall be at least 6 feet wide, and 11-foot-wide sidewalks are required between parking areas and the entrances to commercial buildings. The plan indicates an 11-foot-wide sidewalk in front of the market entrance and a 6-foot-wide sidewalk along the south market façade. This issue has been resolved. c. The plan proposes a trash can in front of the south storage building entrance. It shall relocate the trash can to provide clear pedestrian access to building entrances. d. Section 281-69.A.1 (SLDO) requires crosswalks with decorative surface treatments such as masonry unit pavers, colored concrete or stamped asphalt across all intersections. The plan shall provide a detail or specification consistent with Town Center standards for the crosswalk between the market and storage building. e. 20% of all sidewalks shall have decorative surface treatments in accordance with section 281-69.C.4 (SLDO). The plan has been revised to specify stamped colored concrete for the storage building sidewalk. This issue has been resolved.

2. Architecture – Section 325-13.D (ZO) requires that buildings comply with the Town Center architectural standards of section 281-67 (SLDO). The following shall be addressed: a. Section 281-67.B.1.c (SLDO) states that within the first 12 vertical feet of a façade, the maximum façade length without windows, glass display windows, or glass storefronts shall not exceed 100 horizontal feet. With the exception of the main building entrance, the submitted architectural rendering indicates no windows within 12 feet of the storage building’s ground floor. b. The proposed development of the site into a mixed use complex requires the existing building to meet the architectural standards of the Town Center. The market building

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has massive corrugated metal façades without architectural interest and meets none of the architectural criteria of the Exton Town Center. The Township shall determine whether the existing building must be modified to comply with Town Center standards, and if not how it will be screened from a new building that meets those standards, and from the street and adjacent properties in the Town Center District. The plan should be revised to mitigate the existing building’s appearance and scale: • Architectural treatments should be employed, such as horizontal/vertical façade offsets, changes in surface material, first floor windows, glass storefronts, and roofline variations in accordance with section 281-67 of the subdivision and land development ordinance (SLDO); or • Vegetative site element screens should be provided along the north, east, and Tabas Lane building facades to conceal views of the noncompliant building from off site. This strategy could include architectural green walls with climbing plants where space for plantings is limited.

The proposed building shall be redesigned for compliance with Town Center architectural standards. The Township shall determine required modifications to the existing building.

3. Site Element Screening – In accordance with sections 281-70.A and 281-35.G (SLDO), site element screens are required as follows:

a. Loading and Utility Screens – Section 281-35.G (SLDO) requires high vegetated screens around loading areas. In addition, section 281-35.B.6 (SLDO) requires all loading and utility equipment to be completely screened from view from adjacent streets. Per section 281-35.B.3 (SLDO), fencing may be used in conjunction with required landscaping, not to replace it. The plan shall be revised as follows prior to approval: • The storage building loading area would be visible from Tabas Lane as proposed. The plan shall be reconfigured so that the loading area is not visible from the road. • The plan proposes fencing to screen the existing building’s equipment, in place of the required high screen. The plan shall indicate a high screen consisting of large evergreen shrubs around the equipment in addition to the fencing. b. Trash Area Screen – Section 281-35.G.1 (SLDO) requires high screens around trash areas without decorative enclosures. The plan indicates a dumpster area with a wooden fence enclosure and no space for required screen vegetation adjacent to the proposed building. The plan shall be revised to provide a high vegetated screen with large

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evergreen shrubs or evergreen trees between the dumpster enclosure and the proposed adjacent residential development, in which case we would support a waiver to permit a partial screen. c. Storage Building Screen – Section 281-35.G.1.b (SLDO) requires high screens for storage buildings without decorative façade treatments. If Exton Town Center architectural standards were met, no screen would be required. The plan has been revised to indicate a complete high screen around the north and east storage building facades. The south and west facades shall be revised per comment 3 to comply with Town Center architectural standards. A high screen will be required wherever the storage or loading function of the building is evident from the exterior. d. Parking Lot Screens – Section 281-35.G.1 (SLDO) requires low screens around parking lots. The plan has been revised to indicate a complete low screen around the south parking lot. This issue has been resolved.

4. Perimeter Buffers – Section 281-35.E (SLDO) requires 25-foot-wide vegetated perimeter buffers along property lines and around stormwater basins as follows: Buffer/Length Plant Type Required Qty. Proposed Qty. North/245 LF Shade Trees 2 2 Evergreen Trees 5 10 Large Shrubs 25 0 East/480 LF Shade Trees 5 8 Evergreen Trees 10 11 Large Shrubs 24 12* South/250 LF Shade Trees 3 0 Evergreen Trees 5 0 Large Shrubs 13 25 Basin/340 LF Shade Trees 3 0 Evergreen Trees 7 0 Large Shrubs 17 17 *Equivalent value of proposed small shrubs a. The surplus evergreen trees in the north buffer are equivalent to the monetary value of the shrub requirement. Thus we find the north buffer plantings acceptable per section 281-33.D.9 (SLDO).

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b. The east buffer would comply with shrub planting requirements if proposed shrubs were specified as minimum 3 feet tall at planting. The plan shall be revised accordingly. c. Required trees cannot be provided in the south buffer as shown. The required south buffer shade trees have been proposed in the east buffer. However, the required evergreen buffer trees are missing, and the equivalent value of shrubs in excess of south buffer requirements does not fully compensate for the missing trees. The plan shall be revised as follows to improve buffering: • Provide three required south buffer evergreen trees in the east buffer to increase visual screening between the site and the proposed adjacent residential development. • If perimeter fencing per the waiver request note on sheet 1 is to be provided, then the plan shall show the fence location and details. d. The basin has been redesigned as a naturalistic basin. No buffer is required.

5. Naturalistic Basin Requirements – Section 281-35.F.4 (SLDO) allows naturalistic basins without perimeter buffers. The basin has been redesigned with 4:1 side slopes and 100% native vegetation. This issue has been resolved.

6. Street Trees – Section 281-36.D (SLDO) requires street trees as follows: Street/Length Required Qty. Proposed Qty. Tabas Lane/530 LF 11 11 A waiver is requested to permit street trees elsewhere on the site due to the existing building’s proximity to Tabas Lane. We support a waiver on street tree location to allow this.

7. Parking Lot Landscape Islands - Section 281-34.B.4 (SLDO) states that each island shall contain one shade tree. Three parking lot islands opposite the market building entrance are missing the required shade trees due to a proposed sidewalk and subsurface basin. Three trees in excess of requirements are proposed in the divider strip. We would support a waiver to permit trees as proposed.

8. Divider Strip Shade Trees – Section 281-37.C.2.a (SLDO) requires shade trees in parking lot divider strips as follows: Divider Strip/ Length Required Qty. Proposed Qty. Main Parking Lot/ 189 LF 4 7 In addition to the trees, the strip is planted with ground cover plantings. This issue is resolved. 1350 Elbow Lane • Chester Springs, PA 19425 phone 484-888-5574 email [email protected] www.theurkauf.com Page | 6 REVIEW COMMENTS – RAJ REAL ESTATE LAND DEVELOPMENT PLAN DATED 12-14-20

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9. Building Façade Landscaping – In accordance with section 281-37.D (SLDO), plantings shall be placed between parking lots and buildings as follows: Façade/Length Plant Type Required Qty. Proposed Qty. Storage South/74 LF Shade Trees 1 0 Perennials 74 15 Retail South/68 LF Shade Trees 1 3 Perennials 68 50 Retail East/156 LF Shade Trees 3 2 Perennials 156 240 Overall, the required quantities of façade plantings are proposed. We consider this issue resolved.

10. Tree Protection and Compensatory Planting – This issue is resolved.

11. Landscaping/Infrastructure Conflicts – Section 281-36.D.5 (SLDO) prohibits tree plantings that interfere with sidewalks, lights, and utilities. Trees shall be planted at least 15 feet from overhead wires and at least 10 feet from underground utilities. If trees are located closer than 10 feet to a sidewalk, root barriers in accordance with section 281-36.D.5.a (SLDO) are required. The following shall be addressed: a. Overhead Wires – The plan has relocated trees to at least 15 feet away from overhead wires. This issue has been resolved. b. Underground Utilities – Four Hornbeam trees, three Thuja, nine Cryptomeria, and one Birch tree are shown within 10 feet of proposed underground gas and sanitary sewer lines. The plan shall resolve conflicts between utilities and required trees. c. Potential Lighting Conflicts – The landscape plan shall be revised to indicate proposed light fixtures. d. Root Barriers – The required root barriers have been provided. This issue has been resolved.

12. Exton Town Center Site Furnishings – In accordance with section 281-68 (SLDO), site furnishings are required for commercial developments as follows: Building/Area Furnishing Required Qty. Proposed Qty. Ex. Retail/15,100 SF Benches 3 3 Bicycle Racks 1 1 Trash Cans 3 3

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Building/Area Furnishing Required Qty. Proposed Qty. Storage/13,297 SF Benches 3 3 Bicycle Racks 1 1 Trash Cans 3 3 This issue is resolved.

13. Species Mix Requirements – Section 281-33.D.7.b.2 (SLDO) states that when 100 or more shrubs are required, no more than 30% may be of one species. 35.5% (50/141) of shrubs are Virginia Sweetspire. The plan shall indicate the required species mix.

14. Plant Cultural Requirements – The plan has replaced Red Maple with ‘Urban Pinnacle’ Bur Oak along Tabas Lane. This issue has been resolved.

15. Landscaping Size Requirements – Section 281-33.D.1 (SLDO) states that shade and street trees shall have a minimum 2-inch caliper. Section 281-33.D.4.b (SLDO) requires small shrubs to be at least 24 inches tall or 18 inches wide, depending on variety. The planting schedule shall be revised as follows: a. One ‘Skyline’ Honeylocust is specified at minimum 1.5-inch caliper. It shall be specified at minimum 2-inch caliper. b. ‘Zabeliana’ Cherry Laurel is specified at minimum 18-inch height or spread. It shall be specified at minimum 24-inch height. c. Required small shrubs are specified at minimum 24-inch height or spread. They shall be specified at minimum 24-inch height only.

16. Landscape Architecture Seal – Section 281-33.C.6.g (SLDO) requires landscaping plans to include the signature and seal of the Pennsylvania registered landscape architect preparing the plans. The required signature and seal have not been provided.

17. Plan Error – The plan provides a detail for 6-foot-high black panel fencing around the market building utility equipment, but labels the fencing as 10-foot-high chain link with plastic slats. The plan shall revise the fencing label for consistency with the detail.

18. Cost Estimate – The landscaping cost estimate shall be revised to reflect Township landscaping size standards, basin plantings, the plant schedule, and current costs as indicated in bold as follows:

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Name Size Qty Unit Installed Cost Subtotal Acer campestre 'Queen Elizabeth' Min. 2" cal. 3 ea $ 375.00 $ 1,125.00 Betula nigra 'Dura Heat' Min. 8' ht. 2 ea $ 275.00 $ 550.00 Betula nigra 'Dura Heat' Min. 2" cal. 5 ea $ 375.00 $ 1,875.00 Carpinus betulus 'Fastigiata' Min. 2" cal. 9 ea $ 375.00 $ 3,375.00 Gleditsia tricanthos f. inermis 'Skyline' Min. 2" cal. 5 ea $ 375.00 $ 1,875.00 Nyssa sylvatica 'Wildfire' Min. 2" cal. 5 ea $ 375.00 $ 1,875.00 Quercus macrocarpa 'Urban Pinnacle' Min. 2" cal. 3 ea $ 400.00 $ 1,200.00 Quercus palustris Min. 2" cal. 1 ea $ 350.00 $ 350.00 Ulmus americana 'Valley Forge' Min. 2" cal. 9 ea $ 375.00 $ 3,375.00 Picea abies Min. 7' ht. 12 ea $ 325.00 $ 3,900.00 Cryptomeria japonica 'Radicans' Min. 7' ht. 9 ea $ 325.00 $ 2,925.00 Thuja plicata 'Green Giant' Min. 7' ht. 5 ea $ 325.00 $ 1,625.00 Itea virginica 'Henry's Garnet' Min. 24" ht. #5 cont. 50 ea $ 55.00 $ 2,750.00 Ilex verticillata Min. 24" ht. #5 cont. 17 ea $ 55.00 $ 935.00 Prunus laurocerasus 'Schipkaensis' Min. 36" ht. B&B 8 ea $ 175.00 $ 1,400.00 Prunus laurocerasus 'Zabeliana' Min. 24" ht. #5 cont. 25 ea $ 55.00 $ 1,375.00 Thuja occidentalis 'Emerald Green' Min. 4' ht. B&B 17 ea $ 105.00 $ 1,785.00 Viburnum spp. Min. 36" ht. B&B 24 ea $ 75.00 $ 1,800.00 Chasmanthium latifolium #1 cont. 50 ea $ 12.00 $ 600.00 Liriope muscari 'Big Blue' 4" plug 240 ea $ 4.25 $ 1,020.00 Panicum virgatum #1 cont. 60 ea $ 10.50 $ 630.00 Basin seed mixes (ERNMX-180 and ERNMX-180-1) n/a 5100 sf $ 0.15 $ 765.00 Landscaping Total $ 37,110.00

19. Conclusion – The noted issues shall be resolved prior to plan approval.

Please call if there are any questions.

1350 Elbow Lane • Chester Springs, PA 19425 phone 484-888-5574 email [email protected] www.theurkauf.com

STUBBE CONSULTING LLC IEEE 1438 Shaner Drive Phone: 610 972-9803 Pottstown, PA 19465 FAX: 610 326-1402 [email protected] December 18, 2020

Mr. Ed. Theurkauf, ASLA, RLA, APA Theurkauf Design & Planning LLC 1350 Elbow Lane Chester Springs, PA 19425 Subject: Raj Real Estate, LLC, 4 Tabas Lane, West Whiteland Twp. Fifth Site-Lighting Review Dear Ed., On 12/14/20, West Whiteland Township transmitted a link to an 11/19/20 plan set, for the Raj Real Estate, LLC Application at 4 Tabas Lane. Revised proposed site lighting, on Sheet 6, Lighting Plan, and lighting details on Sheet 7, Lighting and Landscaping Details, consists of 9 fully-shielded 3000K area luminaires, with Type IV and V distribution, mounted at nominally 18' AFG, in single and double per pole configurations, on bishop's crook arms, atop round-tapered aluminum poles; and 12 fully-shielded 3000K luminaires with Type IV forward-throw distribution, facade- mounted at 12' AFF. The following comments and recommendations, some repeated from this office's 09/08/20 review, are offered for Township consideration, based on the requirements contained in SLDO Chapter § 281-48, Lighting Control, and reasonable and customary engineering practices: 1. Lighting Control - § 281-48.C.(3)(c) requires lighting to be controlled by automatic switching devices to extinguish outdoor lighting by 11 p.m. until dawn, or within 1 hour of the close of business. Plan General Note 1. specifies that all pole-mounted lighting is to be automatically extinguished nightly by 11 p.m.. General Note 2. specifies that wall-mounted luminaires are to operate dusk-to-dawn. a. Wall-Mounted Lighting - It is recommended consideration be given to requesting that Applicant provide Township with suitable justification why the 12 wall-mounted luminaires are specified to remain on dusk to dawn, or whether having only selected luminaires all night would satisfy the need for sufficient all-night lighting; whether, if the lighting is for security, motion detection would suffice; and, regardless of the specified arrangement, to specify on Plan the device or devices proposed to effect the dusk-to-dawn or alternative control. b. Area-Lighting - It is recommended Applicant be requested to specify on Lighting Plan the manufacturer and catalog number of the device or devices to be used to automatically extinguish the pole-mounted lighting nightly, and where the device or devices are to be located. It is further recommended that specified control device be requested to contain memory capability to save on/off settings in the event of a power outage. 2. Illuminance Plots - The plotted isometric illuminance values are based on the use of 4000K sources, rather than the specified 3000K sources. Helping municipalities insist on responsible outdoor lighting

If specified 3000K luminaires have a lower light output than the previously specified 4000K sources, it is recommended Applicant be requested to provide relevant iso-footcandle plots, or correction factor. 3. Lighting Coverage - The paved area on the crosswalk just below the "Proposed Bike Rack" label, is not totally within the plotted iso-candle curves, and it is therefore uncertain whether the Ordinance required 0.2 footcandle minimum will be achieved in this area. It is recommended Applicant be requested to provide suitable evidence that a minimum of 0.2 footcandles will be achieved. 4. Landscaping - Potential lighting and landscaping conflicts. It is recommended Applicant be requested to plot luminaire locations on Sheet 5, Landscaping Plan, and to have the landscaping and lighting disciplines review plan for potential light blockage at or before tree maturity, and to take appropriate remedial action if and where judged to be necessary. 5. Plan Notes It is recommended Applicant be requested to add the following notes to Lighting Plan: a. Proposed variations from specified lighting equipment, luminaire mounting heights and locations shall be submitted for Township review and approval, prior to installation. b. West Whiteland Township reserves the right to conduct one or more post- installation inspections of installed lighting, and if deemed necessary, to require appropriate remedial action, at no cost to Township. 6. Footing Adequacy - There is a Type A-2 luminaire proposed to be located plan-west of the proposed retention basin. It is recommended Applicant be requested to provide Township with assurance that the specified footing design is adequate for this location, or to take appropriate corrective action. If there are questions or concerns regarding this review and its recommendations, please advise. Sincerely, Stubbe Consulting LLC

C. Stanley Stubbe

Copy: Mr. Justin Smiley - Township Planner

TRAFFIC PLANNING AND DESIGN, INC.

WWW.TRAFFICPD.COM January 4, 2021

Ms. Mimi Gleason, Township Manager West Whiteland Township 101 Commerce Drive Exton, PA 19341

RE: 4 Tabas Lane – RAJ Real Estate Land Development Plan Review – Warehouse Facility West Whiteland Township, Chester County TPD# WWT-00204

Dear Mimi:

In our role as Township Traffic Engineer, Traffic Planning and Design, Inc. (TPD) reviewed the following items, which were received in our office on December 14, 2020: • Land Development Plans (Sheets 1-12) prepared by Vastardis Consulting Engineers, LLC, (VCE) dated July 2, 2020, last revised November 19, 2020; • Response letter prepared by VCE dated December 11, 2020.

Based on our review, we offer the following comments using the same numbering system as our July 28, 2020 and September 24, 2020 review letters for those comments not yet addressed. Comments that were addressed are not shown.

Traffic Study Comments

1. As indicated in our previous reviews, some of the signs along Lincoln Highway at the intersection with Tabas Lane can be eliminated or relocated outside of the sight triangle to improve sight distance. In addition, sight distance could be improved by providing painted radii and relocating the stop bar closer to Lincoln Highway. A plan needs to be provided showing the signs and pavement markings within the sight triangles with recommendations for removal/relocation of signs and pavement markings to improve sight distance.

The previous response letter indicated the Applicant does not intend to address the sight distance issues for the intersection of Lincoln Highway and Tabas Lane because this is “out of the scope of the development of this property.” However, in our opinion, the intersection of Lincoln Highway and Tabas Lane is within the scope of the development of this property since this intersection is the only way to access the proposed warehouse. In addition, the proposed warehouse will add traffic to the intersection.

2500 East High Street, Suite 650 610.326.3100 Pottstown, PA 19464 [email protected]

Ms. Mimi Gleason January 4, 2021 Page 2

Previous Plan Comments

2. The depth of the loading areas on both the west and south sides of the building is only 15-18 feet which is inadequate to stack an automobile, let alone a truck, without the vehicle extending into the circulation aisle. Note 29 has been added to Sheet 1 which states, “Loading trucks larger than 30’ are prohibited from accessing the site. Loading trucks must access the proposed warehouse after hours.” We have numerous issues with this plan to address this safety issue:

a. It is impractical to assume that no loading or unloading will occur during the hours that the warehouse and/or market is open and there is no way to enforce these two prohibitions.

b. The plans show no signing to convey the message to drivers or to aid in enforcement.

c. The note is vague and does not indicate the hours of the restriction.

d. Even 30 foot long trucks extend into the circulation aisles which reduces traffic to one way flow at both the northwest and southeast corners of the building. This issue is particularly acute at the northwest corner of the building because it forces motorists exiting the site to watch for three things at once (on-coming traffic, a truck pulling out of either one of the two loading docks, and incoming pedestrians returning from the nearby retail establishments on Lincoln Highway). This unsafe condition is further magnified if a van, parked at the loading dock closest to CubeSmart, pulls out of this space but sight distance to/from the van is obstructed by a 30 foot long box truck parked next to it.

In our opinion, the following revisions represent a better method to address this safety issue:

i. Reduce the width of the circulation aisle on the south side of the building from 29 feet to 24 feet so that the depth of the pull-in area to the garage door can be increased to approximately 23 feet with standard MUTCD R5-2 NO TRUCKS signage prohibiting trucks from using this pull-in area to the garage door.

ii. Provide and maintain 4 inch wide white thermoplastic striping to provide a uniform 24 foot wide circulation aisle between the circulation aisle on the west side of the proposed storage building and the 24 foot wide northern access point.

iii. Use crosshatch striping to designate loading zones for the two loading docks on the west side of the proposed building. In our opinion, the loading zone needs to be offset at least two feet from the 4 inch wide striping recommended in ii. In doing this, the size of the vehicle that can be accommodated in the loading zone furthest from the CubeSmart will be less than the size of the truck that can be accommodated in the loading zone closest to the CubeSmart. In our opinion, this differential should address the sight distance issue presented in 2.d.

2500 East High Street, Suite 650 610.326.3100 Pottstown, PA 19464 [email protected]

Ms. Mimi Gleason January 4, 2021 Page 3

iv. Post MUTCD R5-2 NO TRUCK signs above the two loading docks with the length restriction for that particular loading dock attached to each based on the results of iii.

v. Standard MUTCD R5-2 NO TRUCK signs with the length restriction must be installed facing inbound traffic at the two access points.

vi. With these revisions, it may be possible to eliminate the hourly restriction signage provided a note is added to the plans that trash and recycling pick-ups will be limited to non-operating hours with the times noted.

8. The bollard spacing must be clearly labeled on the plans indicating spacing of thirty inches on center from the center of the parking space. This will provide a spacing of approximately five feet between all bollards, which will help to prevent vehicles from passing between the bollards and allow pedestrians to pass through. In addition, the bollards must be provided at the same spacing along the handicap loading areas.

9. Scaling the plans yields an existing width of approximately 18 to 19 feet for Tabas Lane. Tabas Lane needs to be widened to a minimum of 28 feet with curbing to comply with Section 281-25 of the West Whiteland Township Subdivision and Land Development Ordinance (SALDO). While Tabas Lane is a private road, Section 281-25.C of the SALDO indicates “the width for private streets shall not be less than that required for a local street.” At a minimum, the Applicant needs to widen along the site frontage.

11. The following comments pertain to the truck turning templates: b. The delivery truck template indicates only the smallest sized box trucks with an overall length of 30 feet and two axles will serve both the proposed warehouse and the existing market. With a longer loading zone, larger trucks can be permitted at the existing market, but truck turning templates would need to be provided to justify this increase. In addition, the truck turning templates provided assumed no trucks would be parked at the loading dock on the west side of the new building when another truck pulled in. Revisions to the truck template for access to these loading docks need to be revised to address this issue and to address any size restrictions from Comment 2.iii.

c. If completed, the revision in Comment 2.i will address Comment 11.c from 9/24/2020.

12. Truck templates have been provided for the proposed dumpster pad located near the southeast corner of the storage building as requested. In addition, the response letter indicates that this dumpster will serve both the warehouse and existing market. In our opinion, it is impractical to assume that the market will use the dumpster in this location due to its distance from the market. Therefore, it is likely that an additional dumpster will be provided in the market loading area in the future, which will impact delivery truck access. The practicality of the dumpster location, ability of the Township to enforce dumpster placement in the future, and dumpster location impacts to deliveries to the site should be discussed with the Township.

2500 East High Street, Suite 650 610.326.3100 Pottstown, PA 19464 [email protected]

Ms. Mimi Gleason January 4, 2021 Page 4

13. The need for sidewalk and/or a proposed trail along Tabas Lane to provide a connection to the Chester Valley Trail as shown on the Township’s Bicycle and Pedestrian Connections Map is strongly recommended particularly with the proximity of a Dunkin Donuts and a Primo Hoagies in such close proximity on Lincoln Highway serving as an attraction for employees and customers alike.

14. There are still several locations within the parking lot where the curb radii are less than five feet. The radii should be revised to be a minimum of five feet in all locations. In addition, a note should be provided on the plans indicating that all radii shall be a minimum of five feet.

15. All radii within the parking lot must intersect the adjacent curbing at a tangent to provide a smooth transition. The response letter indicates the radii have been revised accordingly. However, there are still several radii with the kinks as currently shown. For example, the corner radii on the Tabas Lane driveways are only provided for approximately half of the length of the radii and must be revised to provide a full radius that intersects the driveway and Tabas Lane at tangent points.

We reserve the right to make additional comments upon receipt of subsequent submissions.

Sincerely,

Kevin L. Johnson, P.E. President

Cc: John Weller, AICP Justin Smiley, AICP Ted Otteni, P.E. Jerry Baker, P.E. Eric Hammond, TPD

2500 East High Street, Suite 650 610.326.3100 Pottstown, PA 19464 [email protected]

MEMORANDUM

DATE: January 4, 2021

TO: John Weller, Director of Planning and Zoning

FROM: Theodore D. Otteni, P.E. West Whiteland Director of Public Works

SUBJECT: 4 Tabas Lane RAJ Real Estate Self Storage Facility Land Development Review

I have reviewed the twelve-sheet plan set with a revision date of 11/19/20 for the above referenced project and offer the following comments:

1. “Pedestrian Crossing” warning signs (W11-2, W16-7P) are not required within parking lots. They may be removed from the plan.

2. Sheet 10 – PCSWM Permanent BMP Inspection Table: a. All six of the listed components should be inspected by a registered professional engineer “Annually for the first 5 years, once every 3 years after that” (presently only the Bioretention basin states this)

3. I have no other comments on the proposed plan at this time.

THE COUNTY OF CHESTER COMMISSIONERS PLANNING COMMISSION Marian D. Moskowitz Government Services Center, Suite 270 Josh Maxwell 601 Westtown Road Michelle Kichline P. O. Box 2747 West Chester, PA 19380-0990 Brian N. O’Leary, AICP (610) 344-6285 Fax (610) 344-6515 Executive Director

August 11, 2020

John R. Weller, AICP, Director of Planning & Zoning West Whiteland Township 101 Commerce Drive Exton, PA 19341

Re: Preliminary/Final Land Development - Raj Real Estate LLC, 4 Tabas Lane # West Whiteland Township – LD-07-20-16407

Dear Mr. Weller:

A Preliminary/Final Land Development Plan entitled "Raj Real Estate LLC, 4 Tabas Lane", prepared by Vastardis Consulting Engineers LLC, and dated July 2, 2020, was received by this office on July 14, 2020. This plan is reviewed by the Chester County Planning Commission in accord with the provisions of Section 502 of the Pennsylvania Municipalities Planning Code. We offer the following comments on the proposed land development for your consideration.

PROJECT SUMMARY:

Location: the east side of Tabas Lane, south of East Lincoln Highway Site Acreage: 3.01 Lots/Units: 1 Existing Building, 1 Proposed Building Non-Res. Square Footage: 13,297 Proposed Land Use: Warehouse, Retail New Parking Spaces: 91 Municipal Land Use Plan Designation: BP Business Park; and Character Area 1-Lincoln Highway and Whitford Road Corridors Plan UPI#: 41-5-175

PROPOSAL:

The applicant proposes the construction of a 13,297 square foot storage and retail building, containing four 813 square foot retail spaces and a 10,045 square foot storage facility. The existing 15,104 square foot commercial building will remain. Ninety-one (91) parking spaces will be provided. The project site, which will be served by public water and public sewer, is located in the TC Town Center Mixed Use zoning district.

RECOMMENDATION: The County Planning Commission recommends that the issues raised in this letter should be addressed, and all Township issues should be resolved before action is taken on this land development plan.

email: [email protected] • website: www.chescoplanning.org Page: 2 Re: Preliminary/Final Land Development - Raj Real Estate LLC, 4 Tabas Lane # West Whiteland Township – LD-07-20-16407

COUNTY POLICY:

LANDSCAPES:

1. The project site is located within the Suburban Center Landscape designation of Landscapes3, the 2018 County Comprehensive Plan. The vision for the Suburban Center Landscape is regional economic, population and transportation centers with varying land uses, accommodating substantial future growth of medium to high intensity. Repurposing obsolete structures and sites and encouraging sustainable development will be critical as suburban centers grow, and transportation infrastructure and amenities will need to expand to create an integrated multimodal network. The proposed storage and retail building is appropriately located in a Suburban Center Landscape designation.

WATERSHEDS:

2. Watersheds, the water resources component of Landscapes3, indicates the proposed development is located within the Valley Creek (West) subbasin of the Brandywine Creek watershed. Watersheds’ highest priority land use objectives within this watershed are: reduce stormwater runoff, restore water quality of “impaired” streams, and protect vegetated riparian corridors. Watersheds can be accessed at www.chesco.org/water.

N Note: The CCPC makes e11ery efbrt 10 ensure Im age Info: Date Taken : 2017 c::J Parcel lhis map ts free of errOl"S but does not guarantee Parcel Info: Parcel(s): 41-5 ♦ 175 lhe map ot its features to be spatially or temporally (Main) Address: 4 Tabas LN . Source : CCPC, 2020 accurate. Municipality: VVest Wliteland Twp. Other Parcels + Page: 3 Re: Preliminary/Final Land Development - Raj Real Estate LLC, 4 Tabas Lane # West Whiteland Township – LD-07-20-16407

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Site Plan Detail, Sheet 1: Preliminary/Final Land Development - Raj Real Estate LLC, 4 Tabas Lane

PRIMARY ISSUES:

3. The Chester Valley Trail crosses Tabas Lane (a private road) to the immediate south of the Tabas Lane/East Lincoln Highway intersection. It is our understanding, according to information provided by the Chester County Department of Facilities, that there are no known issues and very few, if any, complaints from trail users about this particular crossing. However, this project, if approved, will result in additional vehicular traffic using Tabas Lane. Additionally, there is likely to be increased trail usage in this area in the immediate future due the number of new residential units being proposed and constructed in this area of the Township. We suggest that the Township engineer evaluate the design of the existing intersection and trail crossing, in order to determine if any long-term improvements are required to ensure safe pedestrian access at this location.

4. Prior to granting final plan approval, the Township should ensure that this proposal meets all applicable landscaping standards set forth in the Township Subdivision and Land Development Ordinance. While the Relief Requested table on Sheet 1 indicates the applicant is requesting a waiver to reduce the required perimeter buffer (which is further discussed in comment #9), a landscaping plan was not included with the current plan submission. Landscapes3 recommends that developments in the Suburban Center Landscape include extensive landscaping in parking areas (page 37).

Page: 4 Re: Preliminary/Final Land Development - Raj Real Estate LLC, 4 Tabas Lane # West Whiteland Township – LD-07-20-16407

5. The Township should verify that the design and location of any proposed outdoor lighting conforms to Township ordinance requirements (a lighting plan was not included with the plan submission). The illumination should be directed inward from the periphery of the site and be oriented to reduce glare and visual impact on the adjoining roadways and land uses.

6. The site is underlain by carbonate geology in which the presence or potential may exist for formation and/or expansion of solution channels, sinkholes and other karst features. These features can present risk of collapse and groundwater contamination that often can be overcome and avoided with careful stormwater management design. The location, type, and design of stormwater facilities and best management practices (BMPs) should be based on a site evaluation conducted by a qualified licensed professional that ascertains the conditions relevant to formation of karst features, and the PA BMP Manual or other design guidance acceptable to the Municipal Engineer.

7. The proposed land development appears to be in proximity to three hazardous liquid transmission pipelines. Applicants should be aware that the actual pipeline locations may not always be within the center of the easement or right-of-way. To minimize risks before and during construction, the project designer should contact the Pennsylvania One Call Center at 811 or http://www.pa1call.org/pa811, consistent with the provisions of Section 4(2) of Act 287 (Underground Utility Protection Act), prior to finalizing the design. The PA One Call Center should also be contacted at least 3 business days, but not more than 10 days, prior to any excavation. More information about pipeline safety can be found at the Chester County Pipeline Information Center at: http://www.chescoplanning.org/pic/introduction.cfm.

ADMINISTRATIVE ISSUES:

8. Land disturbance and land development activities that occur within Chester County must comply with the County-wide Act 167 Stormwater Management Plan for Chester County, PA (July 2013) and the associated Act 167 stormwater management ordinance standards adopted by each municipality.

9. The Relief Requested table on Sheet 1 indicates that the applicant is requesting one waiver from Chapter 270-Stormwater Management of the Township Code, pertaining to infiltration in a carbonate geology area, along with three waivers from the design standards in Article IV of the Township Subdivision and Land Development Ordinance. Waiver requests should only be granted following the determination that the proposed project either meets the purpose of these requirements or does not create the impacts that these provisions are intended to manage.

10. The applicant should contact the office of the Chester County Conservation District (CCCD) for information and clarification on erosion control measures. The provisions of the Commonwealth Erosion Control Regulations may apply to the project and may require an Earth Disturbance Permit or a National Pollutant Discharge Elimination System permit for discharge of stormwater from construction activities.

11. A minimum of four (4) copies of the plan should be presented at the Chester County Planning Commission for endorsement to permit recording of the final plan in accord with the procedures of Act 247, the Pennsylvania Municipalities Planning Code, and to meet the requirements of the Recorder of Deeds and the Assessment Office.

Page: 5 Re: Preliminary/Final Land Development - Raj Real Estate LLC, 4 Tabas Lane # West Whiteland Township – LD-07-20-16407

This report does not review the plan for compliance to all aspects of your ordinance, as this is more appropriately done by agents of West Whiteland Township. However, we appreciate the opportunity to review and comment on this plan. The staff of the Chester County Planning Commission is available to you to discuss this and other matters in more detail.

Sincerely,

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DATE: January 15, 2021 West Whiteland TO: Planning Commission FROM: John R. Weller, AICP Director of Planning and Zoning

SUBJECT: 4 Tabas Lane Draft motion

APPLICANT: RAJ Real Estate, LLC 81 Margil Farm Dr. Downingtown, PA 19335

SITE ADDRESS: 4 Tabas La. Exton, PA 19341

TAX PARCELS: 41-5-175

DESCRIPTION: Construction of a 1-story, 13,297 sq.ft. storage building on a 3-acre lot with an existing retail commercial building, which is to remain.

To recommend that the Board of Supervisors approve the land development plan entitled “RAJ Real Estate, LLC / 4 Tabas Lane” as depicted on the 12-sheet plan set prepared by Vastardis Consulting Engineers, LLC dated July 2, 2020 and most recently revised November 19, 2020 (“Plan”) with the following waivers and subject to the following conditions:

1. The Plan is approved as a final plan pursuant to §281-10.H of the West Whiteland Township Subdivision and Land Development Ordinance (“S/LDO”). 2. Waiver of §270-20.A, -20.C, and -20.D of the Stormwater Management Ordinance from various infiltration requirements, pursuant to comment #1 of the Spotts, Stevens and McCoy (“SSM”) review dated December 18, 2020. 3. Waiver of §281-31 of the S/LDO such that sidewalks need not be provided; however, the Applicant shall make a donation to the Township sidewalk fund equivalent to the construction cost of the sidewalks that could be required pursuant to this section. Said donation shall be paid in full at or before such time that application is made for the first Building Permit pursuant to this project 4. Waiver of §281-34.B(4) of the S/LDO to allow the parking lot landscaping as currently shown, pursuant to comment #7 of the Theurkauf Design and Planning (“Theurkauf”) review dated December 22, 2020. 5. Waiver of §281-35.B(6) of the S/LDO to allow the placement of the loading area as currently shown without the enclosure and screening required by this section. 6. Waiver of §281-67.B(1)(c) of the S/LDO to allow building façade design as proposed. 7. The “Zoning Requirement” chart on Sheet 1 of the Plan shall be corrected. 8. Prior to the issuance of any building permit, the Applicant shall provide documentation that the stormwater management facilities comply with the managed release concept requirements of the Pennsylvania Department of Environmental Protection, pursuant to comments #14 and #15 of the SSM review dated December 18, 2020. 9. The Plan shall be revised to show all storm sewer piping with a minimum diameter of fifteen inches, pursuant to comment #18 of the SSM review dated December 18, 2020. 10. The Applicant shall resolve the groundwater concerns described in comment #6 of the SSM review dated December 18, 2020 to the satisfaction of the Township as advised by SSM. 11. Payment of a fee1 in lieu of dedication of permanent open space, pursuant to §281- 47.C of the S/LDO. Said fee shall be paid in full at or before such time that application is made for the first Building Permit pursuant to this project 12. Payment of a traffic impact fee in the amount of $3,658.95, pursuant to Township Ordinance No. 427 and comment #2 of the Traffic Planning and Design review dated September 24, 2020. Said fee shall be paid in full at or before such time that application is made for the first Building Permit pursuant to this project. 13. All remaining consultant and Staff concerns shall be resolved to the satisfaction of the Township. 14. Any other conditions as may be agreed to in the course of tonight’s discussion. 15. Execution and recording of the Township’s Stormwater Facilities Maintenance Agreement and Landscaping Restrictive Covenant, pursuant to Township practice. If the Applicant makes no material revisions or additions to the standard form of the said documents, then the Board should authorize the Township Manager to sign these forms on behalf of the Township. 16. Execution of a Developer Agreement and a Financial Security Agreement pursuant to Township practice. The amount of such security shall be based upon construction cost estimates for the site improvements, including landscaping, to be provided by the Applicant, which shall be reviewed and deemed sufficient by SSM and Theurkauf. If the Applicant makes no material revisions or additions to the standard form of the said agreements, then the Board should authorize the Township Manager to sign these forms on behalf of the Township. 17. Payment of all outstanding Township invoices within thirty days of the date of final plan approval or at time of application for a building permit, whichever comes first.

1 The fee amount is calculated at the time of final approval of the land development plan by the Board of Supervisors and is based upon the Consumer Price Index. Assuming that the Applicant timely receives such approval, Staff estimates the fee to be approximately $12,300. 2

WEST WHITELAND TOWNSHIP

RESOLUTION NO. 2021 - 15

WHEREAS, by virtue of Resolution 2009-09 adopted April 8, 2009, the Board of Supervisors of Whiteland Township declared its intent to follow the schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on December 16, 2009, and,

WHEREAS, in accordance with Act 428 of 1968, each individual act of disposition shall be approved by resolution of the governing body of the municipality;

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the Township of West Whiteland, Chester County, Pennsylvania, in accordance with the above-cited Municipal Records Manual, hereby authorizes reformatting of the following public records:

RECORDS TO BE DESTROYED:

OFFICE RECORD TITLE DATES MEDIA/File Size

Administration Board of Supervisors (Zoom) January 27, 2021 788 MB of data

Planning Historical Commission (Zoom) January 11, 2021 779 MB of data

ADOPTED this 24th day of February, 2021.

WEST WHITELAND TOWNSHIP BOARD OF SUPERVISORS

______Rajesh Kumbhardare, Chairperson ATTEST:

______Mimi Gleason, Township Manager Theresa Santalucia, Vice-Chairperson

______Joshua Anderson, Supervisor

101 Commerce Drive West Whiteland Tel: (610) 363–9525 Exton, Pennsylvania 19341 ------<~◄■ -i',1¢J.i#ll£1b~-- www.westwhiteland.org

MEMORANDUM

DATE: February 19, 2021

TO: Board of Supervisors Mimi Gleason, Township Manager

FROM: Marie Guarnere, Director Codes Administration

SUBJECT: Todd Schneider, 109 Coeway Lane Final Escrow Release

Motion: To approve the final escrow release in the amount of $4,567.00, and to authorize the Township Manager to execute the Certificate of Completion releasing the balance to Todd Schneider, 109 Coeway Lane.

This projected consisted of construction of a 2,160 sf pole barn and associated driveways. The property originally had a single-family home that was converted to office use. The pole barn will be used for storage.

In June 2019, the Township accepted the Developer and Financial Security Agreements for this project, and financial security in the amount of $30,316.00 for non-structure improvements. The project has been completed, and all conditions and waivers have been reviewed and been determined complete. Copies of the review letters are attached. Staff is requesting the Board’s approval to release the final escrow amount of $4,567.00

101 Commerce Drive West Whiteland Tel: (610) 363–9525 Exton, Pennsylvania 19341 ------<~◄■ -i',1¢J.i#ll£1b~-- www.westwhiteland.org

February 18, 2021

Ms Marie Guarnere, Director West Whiteland Township Codes Department 101 Commerce Dr. Exton, PA 19341

In re: Project closeout 109 Coeway Lane Tax Parcel No. 41-2-66

Dear Ms Guarnere:

I have reviewed the conditions of approval of the final land development plan for this project as communicated to Mr. Todd Schneider in correspondence from this office dated February 28, 2019, and I have determined that all of the conditions of approval have been satisfied. To the best of my knowledge, there are no outstanding conditions relative to this project that would prevent final closeout.

I have no further comments.

Regards,

John R. Weller

John R. Weller, AICP Director of Planning & Zoning / Zoning Officer West Whiteland Township

Correspondence (misc)\2021\210218 – ESC 109 Coeway MEMORANDUM TO: Marie Guarnere West Whiteland FROM: Beth Jones, Finance Director SUBJECT: 109 Coeway Lane, Final Escrow Release DATE: February 18, 2021

This memo confirms that there are no outstanding invoices owed by the developer to the Township for the project at 109 Coeway Lane.

MEMORANDUM TO: Board of Supervisors Mimi Gleason West Whiteland FROM: Pam Gural-Bear DATE: 2/18/2021 SUBJECT: 2020 State of the Township Report

Recommended Motion: None necessary, for discussion only

For the second year, we have put together an annual State of the Township report describing, at a high level, what was accomplished in the last year. We continue to look for different ways to gather and present information for public consumption, and this report is part of that effort.

Katie Pusey, Public Information Assistant, gathered the information from each Township department and prepared the report. We all welcome your feedback on the report and suggestions for how and where to disseminate it. West Whiteland State of the Township -2020

Visit our website: westwhiteland.org West Whiteland --·- -·-- 2020 Snapshot

Population: 18,400+ (26,000+ daytime) Public Schools: West Chester Area School District Home of Collegium Charter School: 2,900+ students; 2nd largest Median Household Income: $111,000 brick and mortar charter school in PA Area Served: Residents primarily in Exton and West Chester, with a small number in the Downingtown and Malvern zip codes

Median Housing Value: $333,000 per home Pedestrian network: 14 miles of trails, 51 miles of sidewalks Township Real Estate Tax Millage: 0.714 (lowest in West Chester Area School District)

Land Use: 34% residential; 20% open space/recreation; 19% transportation; 14% commercial/industrial; 6% institutional; 6% vacant 94 miles of roads: 67 miles Township roads, 27 miles state roads

Historical Resources: 213 sites, of which 5 were approved for refurbishment in ~ 2020 SEPTA

Exton Train Station with SEPTA (Paoli-Thorndale) and Amtrak service; Whitford Train Station with SEPTA (Paoli-Thorndale) service Open Space and Recreation: 1,800+ acres of protected open space comprised of County and Township parks, homeowners’ associations and land trusts SEPTA/Krapf bus service to West Chester, King of Prussia, Eagleview, Paoli, Downingtown and Coatesville Parks: 11 public parks, including Exton Park (700 acres) ... """" Chester Valley Trail runs through Exton Crossroads and Exton Park, connecting to King of Prussia. The Police Department of 27 officers received and responded to 9,958 incidents in 2020 and collected and disposed of 318 pounds of unused medication in their first full year of accreditation.

MISSION: To provide our community with local government services that prioritize safety, sustainability and quality of life. Board of Supervisors: Rajesh Kumbhardare, Theresa Santalucia, Joshua Anderson West Whiteland --·- -·-- 2020 Finances

Operating 2020 Revenue Expenses Surplus / Deficit Reserves Operating General Fund – 01 $11.23 M $11.31 M -$81 K $9.4 M Budget Sewer Operating – 02 $3.67 M $3.37 M $303 K $4.2 M Snapshot* Solid Waste - 12 $0.79 M $0.85 M -$56 K $0.42 M Total $15.69 M $15.53 M $166 K $14.02 M

Expenses by Department* ($ millions) Rated Aaa by Moody’s

Fire & Ambulance, West Whiteland Township has a Aaa (Stable Outlook) Finance & Admin $.50M, 3% bond rating. This is Moody’s highest possible rating. $1.4M, 9% The Township has maintained this rating since 2016 Planning & Codes and the rating was recently renewed with a stable $1.03M, 7% Public Works outlook in the summer of 2020. $4.4M, 29% Debt Service In determining its rationale for the rating, Moody’s $1.14M, 7% pointed to West Whiteland’s strong and growing tax base, healthy reserves, sound financial policies and strong management. Conservative budgeting, low debt levels, long-term planning, and a commitment to maintaining strong reserves all contributed to Moody’s Police confidence in West Whiteland’s ability to sustain a $6.9M, 45% strong financial position.

* These are unaudited numbers and may change slightly once the 2020 the independent audit completed. The Covid pandemic impacted the Township’s revenues slightly, as reflected in the projected negative year-end balance for the General Fund. The deficit for the Solid Waste Fund was planned and reserves were used to make-up the deficit.

Pandemic Response • Due to the spread of Covid-19, the Township followed state guidelines and closed the municipal building to walk-in visitors in March 2020. Public meetings became virtual and most non-uniform staff began to work from home. • Essential workers continued to provide essential services, and staff was available by appointment.  Police continued working but limited 1:1 contact when possible. STAY H@M E  STAY SAFE Public Works did essential maintenance of roads, sewers and parks.  Codes reviewed building permit plans so contractors would be ready to work when restrictions were lifted.  Emergency management kept emergency responders and other staff supplied with PPE.  Finance paid bills and staff and monitored Township finances.  Admin pushed info to the public about COVID and safety measures. Community Infrastructure • Completed several projects to improve pedestrian and roadside safety, as well as enhance neighborhood aesthetics.  In coordination with Chester County, completed the bike/ped path connecting the Chester Valley Trail and Exton Train Station, as well as traffic signal modifications to facilitate pedestrian crossings at Rte 100 and Commerce Dr.  Coordinated with PennDOT for the implementation of two Green Light Go grants funding upgrades to the traffic signal at Ship and Swedesford Rds. and adding backup connections to signals for use during power outages.  Coordinated with Aqua for paving of 3 Township roads (Hunter, Gary, E. Belvidere)  Refreshed pavement markings, such as crosswalks and stop bars, at 13 heavily traveled intersections • Performed maintenance to stormwater management facilities to ensure proper functioning, including clearing significant storm debris and accumulated material partially obstructing 2 bridges and 3 culverts • Progressed planning for two projects to increase mobility:  Additional northbound lane on Whitford Road between Lincoln Highway and Waterloo Blvd  Awarded $940,000 state grant for construction of the north leg of the “Ship Road Couplet” road and trail project; construction is expected in 2022 in conjunction with the construction of the south leg by a developer • Awarded $1.5M RACP grant for a new Public Works Facility; begin architectural and engineering design

Development Followed principles established in "Development by Design” to discuss possible new projects. The most significant of these included the Exton Square Mall site, the undeveloped portion of the Valley Creek Corporate Center and the former Weston Solutions campus on King Rd. • Implemented recommendations in the “Act 209” transportation capital improvement plan Development by Design  The Ship Rd. Couplet is currently in design phase and is being reviewed as part the Ship Run and 690 E. Lincoln Hwy. development projects. Conditional use approval is anticipated in Feb. 2021, with land development review ending in the third quarter of 2021. If approved, construction on the new road and trail improvement would start in Spring 2022.  Traffic Signal Improvements to Springdale Dr. & Lincoln Hwy. as part of the Exton Knoll Development  Right turn lane along Whitford Rd., between Lincoln Hwy. & Waterloo Blvd., and traffic signal modifications as part of the Primrose Daycare Development • Contracted with the Urban Land Institute (ULI) to gather information, interview community stakeholders and produce specific recommendations regarding the future of the Exton Crossroads area. The findings will be presented in the first quarter of 2021. • Approved development projects which, in total for 2020, allowed for the preservation of an additional 19.8 acres of open space and recreational areas; payment of approximately $24,000 in fees in lieu of dedication of open space; and the preservation and continued use of three historic structures

Sustainability • Adopted a resolution supporting a 100% renewable energy future (Ready for 100) in August 2020 • Participated in the Clean Energy Future Steering Committee – the West Chester Area Council of Governments (WCACOG) initiative towards the plan to transition to renewable energy. • Installed an electric vehicle (EV) charging station in the municipal building parking lot • Conducted an HVAC audit and performed the PECO Energy Audit for the municipal building

Public Safety • Re -instituted a full-time traffic unit consisting of two officers • Welcomed a new chief of police, Lee Benson, following the retirement of Chief Joe Catov after 42 years of service • Implemented CRIMEWATCH to help provide transparency and keep our citizens informed • Maintained annual proofs of compliance required for police department accreditation

Communications • Conducted focus groups with residents and businesses, which will guide new efforts to inform constituents about Township priorities and seek feedback • Completed website redesign with an updated look and easy access to pertinent information

Finance • Initiated and completed the 2020 bond issuance process to fund the new public works facility, Exton Park development and municipal building capital improvements and to save money by refinancing a 2007 note • Reaffirmed Aaa rating (highest available) from Moody’s during the 2020 analyst’s review of the bond issuance

Recreation • Worked with Exton Little League to secure new ballfields at Boot Road Park North (to be dedicated as Joe Catov Park), funded and built by Michels and Energy Transfer to replace fields at Meadowbrook Manor Park that remain temporarily closed due to pipeline construction • Installed portable roofs for shade on the dugouts at Boot Road Park to protect players from UV rays, with help from the sunshade grant. • Kicked off a holiday lights contest that was embraced by the community, especially after the cancellation of many regular events due to Covid-19.

MISSION: To provide our community with local government services that prioritize safety, sustainability and quality of life. Board of Supervisors: Raj Kumbhardare, Theresa Santalucia, Joshua Anderson MEMORANDUM TO: Board of Supervisors West Whiteland FROM: Beth Jones, Finance Director ~ SUBJECT: 2020 Year-End Unaudited Financial Report DATE: February 18, 2021

Motion: No motion needed. For discussion purposes only.

Overview:

Operating 2020 Revenue Expenses Surplus/ Deficit Reserves

General Fund - 01 $11.23 M $11.31 M -$81 K $9.4 M

Sewer Operating - 02 $3.67 M $3.37 M $303 K $4.2 M

Solid Waste - 12 $0.79 M $0.85 M -$56 K $0.42 M

Total $15.69 M $15.53 M $166 K $14.02 M

The numbers in the chart above are unaudited and will change when period 13 (or year-end adjustments) are made during the preparation of our audited financial statements. Expect some slight changes to both revenue and expenses.

General Fund Revenue: During our 2021 budget conversations, there was discussion of a potential small deficit for 2020 in the general fund (01). At this time, we continue to project a small deficit related to Covid impacts. While actuals very slightly exceeded budget for earned income tax (EIT) revenue, actuals for property tax collection, property transfer taxes, local services tax (LST), and building permits were down compared to budget.

Line Item 2020 Budget 2020 Unaudited Actuals Difference EIT $6,250,000 $6,268,764 +$18,764 Property Tax $1,191,000 $1,135,078 -$55,921 Property Transfer Tax $950,000 $780,224 -$169,775 LST $905,000 $848,915 -$56,084 Building Permits $1,000,000 $631,673 -$368,326

The property tax not paid in 2020 is still owed to the Township and has been forwarded to the County for delinquency collections, as is the typical year-end process. The differences for building permits and property transfer tax were related to the complete shut-down of construction and real estate at the beginning of the pandemic. Both line items have been healthy since re-opening. The Township saw inconsistent month-to-month variances between

2019 LST collection and 2020 – some up, some down – and most likely related to inconsistent work schedules for many retail and restaurant employees in the Township. When employees worked and got paid, the Township received LST. When their stores/restaurants were closed, no LST came into the Township. This contrasts with EIT monthly collections which trended up, compared to 2019, during most months of the pandemic.

Also of note is interest from investments (CDs, CP, and money markets) came in $61,000 less than budgeted due to the precipitous drop in interest rates during 2020 and revenue from vehicle code and ordinance violations was down due to changes in enforcement related to Covid precautions.

General Fund Expenses: From the start of the pandemic, all Township departments worked to contain costs and reduce expenditures in preparation of needing to mitigate decreases in revenue. A review of the unaudited actuals shows many expense items coming in at less than budgeted. Some areas saw significant savings: solicitors, overtime, some salary line items, codes third party inspections, planning contracted services, and fleet supplies.

General Fund Note: The general fund deficit showing on page 9 of the attached reports is $3.81M. That net amount reflects general fund reserves (not operating revenue) being used, as approved by the Board in December 2020. The reserves were used to fully fund the OPEB Trust ($800K) and transfer $3M from general fund reserves to the Public Service Fund (65) for planned future uses. The Township’s general fund does not have a separate reserve fund from which to show these uses of reserves. When the annual audit is complete, there will be a note included to discuss the planned use of reserves and mitigate the impact of readers seeing a large deficit.

Sewer Fund: The sewer fund was budgeted to end 2020 at $477K positive. Currently, the fund sits at $303K positive. We expect the revenue amount to increase as there are uncollected sewer fees ($216K in commercial billing for Q4 2020, billed in Feb 2021) that will be booked to 2020 as a period 13 entry in preparation of the annual audit work. The addition of the $216K is not anticipated to bring actuals in line with budgeted. Commercial sewer billing is based on water usage. With many retail locations, restaurants, and office locations closed or opened only on a limited basis, the actual billing amounts in 2020 were less than budgeted. As with the general fund’s investment income, the sewer fund’s investment income also took a hit and came in $31K less than budgeted. The salaries expense was over budget due to the reallocation of some Public Works staff.

Solid Waste Fund: The solid waste fund typically receives about $100K in “904 grant money” annually. The Township budgeted to receive $98K in 2020. However, due to the pandemic and extended grant report submission deadlines, the Township did not receive any grant money from the state this year. It is anticipated that the monies (approximately $93K) will be received in 2021.

The solid waste fund saw increased revenue from bag sales (+$43K over budget). Savings in general supplies were significant ($27K less than budget). However, solid waste tipping fees and hauler contracts were over budget by $26K, eliminating the gains due to general supply savings. The fund ended 2020 with a $56K deficit, but it’s important to note that had the grant money been received the fund would have been positive by ~$37K.

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FROM 2020 01 TO 2020 13 ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______

3000 REAL ESTATE TAXES ______

013000 7001 TAX LIEN FROM CHESTER COUNTY -15,000 0 -15,000 -18,343.80 .00 3,343.80 122.3% 013000 7101 REAL ESTATE TAXES-CURRENT -1,191,000 0 -1,191,000 -1,135,078.30 .00 -55,921.70 95.3% 013000 8586 PAYMENT LIEU OF TAXES -8,176 0 -8,176 -8,119.30 .00 -56.70 99.3% TOTAL REAL ESTATE TAXES -1,214,176 0 -1,214,176 -1,161,541.40 .00 -52,634.60 95.7%

3100 ACT 511 TAXES ______

013100 7300 REAL ESTATE TRANSFER TAX -950,000 0 -950,000 -780,224.34 .00 -169,775.66 82.1% 013100 7400 EARNED INCOME TAX-CURRENT -6,250,000 0 -6,250,000 -6,268,764.66 .00 18,764.66 100.3% 013100 7450 LOCAL SERVICES TAX -905,000 0 -905,000 -848,915.93 .00 -56,084.07 93.8% TOTAL ACT 511 TAXES -8,105,000 0 -8,105,000 -7,897,904.93 .00 -207,095.07 97.4%

3210 LICENSES & PERMITS ______

013210 7610 TRANSIENT RETAILERS -2,000 0 -2,000 -125.00 .00 -1,875.00 6.3% 013210 7820 STREET OPENING PERMITS -20,000 0 -20,000 -18,500.00 .00 -1,500.00 92.5% 013210 8590 CABLE TV FRANCHISE FEE -405,000 0 -405,000 -405,934.21 .00 934.21 100.2% 013210 9409 PA TRAINING FEE -3,000 0 -3,000 -2,251.00 .00 -749.00 75.0% 013210 9410 BUILDING PERMITS -1,000,000 0 -1,000,000 -631,673.75 .00 -368,326.25 63.2% 013210 9412 ZONING FEE 0 0 0 -200.00 .00 200.00 .0% 013210 9435 FIRE/RENTAL PREVENTION INSPECT -5,600 0 -5,600 -2,480.52 .00 -3,119.48 44.3% TOTAL LICENSES & PERMITS -1,435,600 0 -1,435,600 -1,061,164.48 .00 -374,435.52 73.9%

3410 INTEREST ______

013410 8510 INTEREST FROM INVESTMENTS -230,000 0 -230,000 -168,782.02 .00 -61,217.98 73.4% 013410 8514 UNREALIZED GAIN/LOSS 0 0 0 -9,158.06 .00 9,158.06 .0% TOTAL INTEREST -230,000 0 -230,000 -177,940.08 .00 -52,059.92 77.4%

3520 VIOLATIONS ______

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FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______

013520 8110 VEHICLE CODE VIOLATION -70,000 0 -70,000 -52,347.46 .00 -17,652.54 74.8% 013520 8112 FALSE ALARM -3,700 0 -3,700 -2,210.00 .00 -1,490.00 59.7% 013520 8120 VIOLATIONS OF ORD.STATUES -76,000 0 -76,000 -50,869.55 .00 -25,130.45 66.9%

TOTAL VIOLATIONS -149,700 0 -149,700 -105,427.01 .00 -44,272.99 70.4%

3540 INTERGOVERNMENTAL REVENUE ______

013540 8350 FEDERAL/STATE/COUNTY GRANTS -38,000 0 -38,000 -5,049.87 .00 -32,950.13 13.3% 013540 8530 PUBLIC UTILITY REALTY TAX -8,000 0 -8,000 -9,006.28 .00 1,006.28 112.6% 013540 8542 FIRE RELIEF - ACT 205 -166,000 0 -166,000 -167,108.01 .00 1,108.01 100.7% 013540 8550 LIQUOR LICENSE FEES -6,000 0 -6,000 -5,400.00 .00 -600.00 90.0% 013540 8575 ACT 205 PENSION -414,760 0 -414,760 -388,982.82 .00 -25,777.18 93.8%

TOTAL INTERGOVERNMENTAL REVENUE -632,760 0 -632,760 -575,546.98 .00 -57,213.02 91.0%

3610 CHARGES FOR SERVICES ______

013610 9300 LAND DEVELOPMENT -6,000 0 -6,000 -8,225.00 .00 2,225.00 137.1% 013610 9340 ZONING HEARING BOARD -7,000 0 -7,000 -6,121.57 .00 -878.43 87.5% 013610 9455 PLANNER FEE -12,000 0 -12,000 -13,921.25 .00 1,921.25 116.0%

TOTAL CHARGES FOR SERVICES -25,000 0 -25,000 -28,267.82 .00 3,267.82 113.1%

3620 MISCELLANEOUS ______

013620 7910 TRANSFER -119,700 0 -119,700 -119,700.00 .00 .00 100.0% 013620 9149 INSURANCE REFUNDS 0 0 0 -25,704.53 .00 25,704.53 .0% 013620 9150 INSURANCE COMPANY REFUNDS -30,000 0 -30,000 -1,613.95 .00 -28,386.05 5.4% 013620 9155 REIMBURSABLE OVERTIME -30,000 0 -30,000 -4,560.00 .00 -25,440.00 15.2% 013620 9360 POLICE ACCIDENT REPORTS -9,000 0 -9,000 -5,310.00 .00 -3,690.00 59.0% 013620 9460 MISCELLANEOUS REVENUE -38,400 0 -38,400 -37,402.39 .00 -997.61 97.4% 013620 9471 EXTON PARK FARM LEASE -11,300 0 -11,300 -11,300.00 .00 .00 100.0%

TOTAL MISCELLANEOUS -238,400 0 -238,400 -205,590.87 .00 -32,809.13 86.2%

3670 GENERAL GOVERNMENT ______

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FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______

013670 9202 RENTAL FEES -25,000 0 -25,000 -12,520.00 .00 -12,480.00 50.1%

TOTAL GENERAL GOVERNMENT -25,000 0 -25,000 -12,520.00 .00 -12,480.00 50.1%

4010 LEGISLATIVE/EXECUTIVE ______

014010 3002 PENSION CONTRIBUTION 21,258 0 21,258 21,258.00 .00 .00 100.0% 014010 3003 WORKERS' COMPENSATION 650 0 650 548.92 .00 101.08 84.4% 014010 3110 SALARIES 267,000 0 267,000 268,988.67 .00 -1,988.67 100.7% 014010 3111 SUPERVISORS SALARIES 13,500 0 13,500 12,848.34 .00 651.66 95.2% 014010 3119 INCENTIVE 13,000 0 13,000 8,164.37 .00 4,835.63 62.8% 014010 3153 LONG TERM DISABILITY 600 0 600 449.67 .00 150.33 74.9% 014010 3156 HEALTH INSURANCE 70,500 0 70,500 68,903.96 .00 1,596.04 97.7% 014010 3158 LIFE INSURANCE 870 0 870 810.24 .00 59.76 93.1% 014010 3183 OVERTIME 1,000 0 1,000 343.85 .00 656.15 34.4% 014010 3210 OFFICE SUPPLIES 1,700 0 1,700 1,322.62 .00 377.38 77.8% 014010 3245 SUPPLIES 1,000 0 1,000 350.63 .00 649.37 35.1% 014010 3314 SOLICITORS 100,000 0 100,000 77,216.86 .00 22,783.14 77.2% 014010 3340 COMMUNICATIONS 35,000 0 35,000 29,842.26 .00 5,157.74 85.3% 014010 3351 PROPERTY INSURANCE 2,500 0 2,500 2,352.41 .00 147.59 94.1% 014010 3352 LIABILITY INSURANCE 11,100 0 11,100 8,948.57 .00 2,151.43 80.6% 014010 3361 UTILITIES 550 0 550 583.55 .00 -33.55 106.1% 014010 3380 EXPENSE-UNEMPLOYMENT 12,000 0 12,000 10,548.42 .00 1,451.58 87.9% 014010 3420 DUES 7,000 0 7,000 5,379.59 .00 1,620.41 76.9% 014010 3422 TRAINING/SEMINAR/SCHOOLS 6,000 0 6,000 2,550.00 .00 3,450.00 42.5% 014010 3424 MEETING EXPENSES 2,000 0 2,000 1,717.40 .00 282.60 85.9% 014010 3450 CONTRACTED SERVICES 50,000 0 50,000 43,998.49 .00 6,001.51 88.0% 014010 3531 TRANSFER TO TECHNOLOGY FUND 12,000 0 12,000 12,000.00 .00 .00 100.0% 014010 3548 DONATION-CHESTER COUNTY LIBRAR 9,500 0 9,500 9,500.00 .00 .00 100.0%

TOTAL LEGISLATIVE/EXECUTIVE 638,728 0 638,728 588,626.82 .00 50,101.18 92.2%

4050 FINANCE ______

014050 3002 PENSION CONTRIBUTION 22,923 0 22,923 22,923.00 .00 .00 100.0% 014050 3003 WORKER'S COMPENSATION 300 0 300 292.48 .00 7.52 97.5% 014050 3110 SALARIES 256,700 0 256,700 244,022.87 .00 12,677.13 95.1%

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FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______014050 3153 LONG TERM DISABILITY 950 0 950 685.48 .00 264.52 72.2% 014050 3156 HEALTH INSURANCE 44,500 0 44,500 43,941.47 .00 558.53 98.7% 014050 3158 LIFE INSURANCE 1,300 0 1,300 1,199.92 .00 100.08 92.3% 014050 3183 OVERTIME 1,000 0 1,000 911.27 .00 88.73 91.1% 014050 3210 OFFICE SUPPLIES 1,100 0 1,100 1,021.52 .00 78.48 92.9% 014050 3311 AUDITING SERVICES 15,500 0 15,500 15,500.00 .00 .00 100.0% 014050 3340 COMMUNICATIONS 900 0 900 923.34 .00 -23.34 102.6% 014050 3351 PROPERTY INSURANCE 1,700 0 1,700 5,268.09 .00 -3,568.09 309.9% 014050 3352 LIABILITY INSURANCE 7,000 0 7,000 5,974.15 .00 1,025.85 85.3% 014050 3361 UTILITIES 650 0 650 643.99 .00 6.01 99.1% 014050 3420 DUES 650 0 650 783.74 .00 -133.74 120.6% 014050 3422 TRAINING/SEMINAR/SCHOOLS 5,000 0 5,000 3,800.82 .00 1,199.18 76.0% 014050 3424 MEETING EXPENSES 600 0 600 140.55 .00 459.45 23.4% 014050 3450 CONTRACTED SERVICES 108,000 0 108,000 105,202.95 .00 2,797.05 97.4% 014050 3531 TRANSFER TO TECHNOLOGY FUND 30,000 0 30,000 30,000.00 .00 .00 100.0% 014050 3807 INVESTMENT & BANK EXPENSES 16,000 0 16,000 13,685.95 .00 2,314.05 85.5%

TOTAL FINANCE 514,773 0 514,773 496,921.59 .00 17,851.41 96.5%

4092 MUNICIPAL BLDG ______

014092 3232 GENERATOR DIESEL 1,000 0 1,000 .00 .00 1,000.00 .0% 014092 3245 SUPPLIES 14,000 0 14,000 13,262.48 .00 737.52 94.7% 014092 3361 UTILITIES 69,150 0 69,150 61,574.39 .00 7,575.61 89.0% 014092 3364 SANITARY FACILITIES 2,700 0 2,700 4,864.00 .00 -2,164.00 180.1% 014092 3365 SOLID WASTE 2,800 0 2,800 2,729.88 .00 70.12 97.5% 014092 3384 EQUIPMENT RENTAL 500 0 500 .00 .00 500.00 .0% 014092 3422 TRAINING/SEMINAR/SCHOOLS 500 0 500 160.12 .00 339.88 32.0% 014092 3450 CONTRACTED SERVICES 74,000 0 74,000 80,189.72 .00 -6,189.72 108.4% 014092 3451 CONTRACTED SERVICES-HVAC 40,000 0 40,000 19,764.87 11,686.57 8,548.56 78.6%

TOTAL MUNICIPAL BLDG 204,650 0 204,650 182,545.46 11,686.57 10,417.97 94.9%

4100 POLICE DEPARTMENT ______

014100 3002 PENSION CONTRIBUTION 712,435 0 712,435 712,435.00 .00 .00 100.0% 014100 3003 WORKERS' COMPENSATION 130,000 0 130,000 130,897.82 .00 -897.82 100.7% 014100 3110 SALARIES 3,597,000 0 3,597,000 3,793,269.44 .00 -196,269.44 105.5%

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FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______014100 3153 LONG TERM DISABILITY 9,600 0 9,600 7,165.35 .00 2,434.65 74.6% 014100 3156 HEALTH INSURANCE 685,500 0 685,500 687,346.29 .00 -1,846.29 100.3% 014100 3158 LIFE INSURANCE 13,150 0 13,150 12,545.11 .00 604.89 95.4% 014100 3183 OVERTIME 175,000 0 175,000 165,087.42 .00 9,912.58 94.3% 014100 3185 REIMBURSABLE OVERTIME 30,000 0 30,000 4,125.19 .00 25,874.81 13.8% 014100 3191 UNIFORM MAINTENANCE 12,000 0 12,000 8,572.45 .00 3,427.55 71.4% 014100 3192 PHYSICAL EXAMINATIONS 1,500 0 1,500 150.00 .00 1,350.00 10.0% 014100 3196 NEW HIRE EXPENSES 16,000 0 16,000 12,071.96 .00 3,928.04 75.4% 014100 3210 OFFICE SUPPLIES 5,500 0 5,500 2,991.99 .00 2,508.01 54.4% 014100 3213 EQUIPMENT 36,480 0 36,480 31,216.99 3,280.00 1,983.01 94.6% 014100 3216 WEST CHESTER AREA ERT 10,000 0 10,000 9,960.68 .00 39.32 99.6% 014100 3231 GASOLINE 42,000 0 42,000 32,984.43 .00 9,015.57 78.5% 014100 3238 UNIFORMS 13,000 0 13,000 6,958.83 .00 6,041.17 53.5% 014100 3242 OS1 CI SUPPLIES/EQUIPMENT 3,300 0 3,300 2,861.16 .00 438.84 86.7% 014100 3245 SUPPLIES 34,000 0 34,000 29,647.14 .00 4,352.86 87.2% 014100 3314 SOLICITORS 75,000 0 75,000 51,193.60 .00 23,806.40 68.3% 014100 3340 COMMUNICATIONS 800 0 800 869.87 .00 -69.87 108.7% 014100 3351 PROPERTY INSURANCE 31,100 0 31,100 28,652.15 .00 2,447.85 92.1% 014100 3352 LIABILITY INSURANCE 55,700 0 55,700 40,802.58 .00 14,897.42 73.3% 014100 3361 UTILITIES 12,500 0 12,500 13,339.68 .00 -839.68 106.7% 014100 3374 EQUIPMENT REPAIRS 7,000 0 7,000 6,085.46 .00 914.54 86.9% 014100 3420 DUES 3,000 0 3,000 2,025.00 .00 975.00 67.5% 014100 3422 TRAINING/SEMINAR/SCHOOLS 20,000 0 20,000 12,133.29 .00 7,866.71 60.7% 014100 3450 CONTRACTED SERVICES 18,300 0 18,300 18,373.81 .00 -73.81 100.4% 014100 3453 EQUIPMENT MAINTENANCE 2,500 0 2,500 951.00 .00 1,549.00 38.0% 014100 3490 FLEET ALLOCATION 49,000 0 49,000 42,228.60 .00 6,771.40 86.2% 014100 3531 TRANSFER TO TECHNOLOGY FUND 135,400 0 135,400 135,400.00 .00 .00 100.0% 014100 3532 OPEB CONTRIBUTION 245,000 0 245,000 800,000.00 .00 -555,000.00 326.5% 014100 3552 TRANSFER TO EQUIPMENT REPL 131,300 0 131,300 131,300.00 .00 .00 100.0%

TOTAL POLICE DEPARTMENT 6,313,065 0 6,313,065 6,933,642.29 3,280.00 -623,857.29 109.9%

4110 FIRE DEPARTMENT ______

014110 3003 WORKERS' COMPENSATION 48,000 0 48,000 24,175.00 .00 23,825.00 50.4% 014110 3149 VOLUNTEER FIRE 5,200 0 5,200 2,903.77 .00 2,296.23 55.8% 014110 3231 GASOLINE 0 0 0 506.27 .00 -506.27 .0% 014110 3351 PROPERTY INSURANCE 8,000 0 8,000 9,902.79 .00 -1,902.79 123.8% 014110 3352 LIABILITY INSURANCE 11,800 0 11,800 8,643.99 .00 3,156.01 73.3% 014110 3361 UTILITIES 400 0 400 259.37 .00 140.63 64.8%

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FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______014110 3501 TWP CONTRIBUTION TO FIRE CO 122,000 0 122,000 122,000.00 .00 .00 100.0% 014110 3541 DONATION-UWCHLAN AMBULANCE 19,000 0 19,000 19,000.00 .00 .00 100.0% 014110 3543 DONATION-GOOD FELLOWSHIP AMBUL 9,000 0 9,000 9,000.00 .00 .00 100.0% 014110 3550 TRANSFER TO WWFC EQUIP REPLACE 170,000 0 170,000 170,000.00 .00 .00 100.0% 014110 3905 FIRE RELIEF - ACT 205 166,500 0 166,500 167,108.01 .00 -608.01 100.4%

TOTAL FIRE DEPARTMENT 559,900 0 559,900 533,499.20 .00 26,400.80 95.3%

4130 CODE ADMINISTRATION ______

014130 3002 PENSION CONTRIBUTION 24,913 0 24,913 24,913.00 .00 .00 100.0% 014130 3003 WORKERS' COMPENSATION 8,900 0 8,900 8,676.45 .00 223.55 97.5% 014130 3110 SALARIES 279,500 0 279,500 201,538.32 .00 77,961.68 72.1% 014130 3153 LONG TERM DISABILITY 1,250 0 1,250 834.55 .00 415.45 66.8% 014130 3156 HEALTH INSURANCE 76,700 0 76,700 65,980.09 .00 10,719.91 86.0% 014130 3158 LIFE INSURANCE 1,600 0 1,600 1,272.55 .00 327.45 79.5% 014130 3183 OVERTIME 1,000 0 1,000 445.05 .00 554.95 44.5% 014130 3201 INSPECTION 3RD PARTY 150,000 0 150,000 57,406.20 .00 92,593.80 38.3% 014130 3210 OFFICE SUPPLIES 2,100 0 2,100 912.94 .00 1,187.06 43.5% 014130 3231 GASOLINE 2,000 0 2,000 565.96 .00 1,434.04 28.3% 014130 3245 GENERAL SUPPLIES 3,500 0 3,500 44.85 .00 3,455.15 1.3% 014130 3314 SOLICITORS 5,000 0 5,000 4,719.65 .00 280.35 94.4% 014130 3340 COMMUNICATIONS 500 0 500 515.79 .00 -15.79 103.2% 014130 3351 PROPERTY INSURANCE 3,400 0 3,400 3,213.57 .00 186.43 94.5% 014130 3352 LIABILITY INSURANCE 4,700 0 4,700 3,442.96 .00 1,257.04 73.3% 014130 3361 UTILITIES 2,300 0 2,300 1,214.73 .00 1,085.27 52.8% 014130 3366 HYDRANT EXPENSES 130,000 0 130,000 105,449.84 .00 24,550.16 81.1% 014130 3385 EDUCATION-TRAINING FEE 2,500 0 2,500 1,066.50 .00 1,433.50 42.7% 014130 3420 DUES 250 0 250 85.00 .00 165.00 34.0% 014130 3422 TRAINING/SEMINAR/SCHOOLS 2,500 0 2,500 733.82 .00 1,766.18 29.4% 014130 3450 CONTRACTED SERVICES 20,000 30,000 50,000 103,433.41 .00 -53,433.41 206.9% 014130 3490 FLEET ALLOCATION 2,000 0 2,000 2,815.24 .00 -815.24 140.8% 014130 3531 TRANSFER TO TECHNOLOGY FUND 17,000 0 17,000 17,000.00 .00 .00 100.0% 014130 3552 TRANSFER TO EQUIPMENT REPL 7,200 0 7,200 7,200.00 .00 .00 100.0%

TOTAL CODE ADMINISTRATION 748,813 30,000 778,813 613,480.47 .00 165,332.53 78.8%

4140 PLANNING & ZONING ______

014140 1451 REIMBURSEABLE PROFESSION FEES 0 0 0 17,369.50 .00 -17,369.50 .0%

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FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______014140 3002 PENSION CONTRIBUTION 17,178 0 17,178 17,178.00 .00 .00 100.0% 014140 3003 WORKERS' COMPENSATION 200 0 200 194.98 .00 5.02 97.5% 014140 3110 SALARIES 188,600 0 188,600 196,253.02 .00 -7,653.02 104.1% 014140 3125 ZONING HEARING BOARD SALARIES 300 0 300 240.00 .00 60.00 80.0% 014140 3153 LONG TERM DISABILITY 650 0 650 494.04 .00 155.96 76.0% 014140 3156 HEALTH INSURANCE 38,500 0 38,500 36,127.55 .00 2,372.45 93.8% 014140 3158 LIFE INSURANCE 950 0 950 872.94 .00 77.06 91.9% 014140 3183 OVERTIME 3,000 0 3,000 69.53 .00 2,930.47 2.3% 014140 3210 OFFICE SUPPLIES 825 0 825 395.83 .00 429.17 48.0% 014140 3245 SUPPLIES 3,000 0 3,000 44.85 .00 2,955.15 1.5% 014140 3314 SOLICITORS 37,000 0 37,000 44,163.00 .00 -7,163.00 119.4% 014140 3316 COURT REPORTER 9,000 0 9,000 7,374.25 .00 1,625.75 81.9% 014140 3340 COMMUNICATIONS 12,000 0 12,000 8,017.37 .00 3,982.63 66.8% 014140 3351 PROPERTY INSURANCE 1,500 0 1,500 1,381.93 .00 118.07 92.1% 014140 3352 LIABILITY INSURANCE 5,700 0 5,700 4,175.49 .00 1,524.51 73.3% 014140 3361 UTILITIES 400 0 400 342.37 .00 57.63 85.6% 014140 3420 DUES 3,000 0 3,000 2,625.30 .00 374.70 87.5% 014140 3422 TRAINING/SEMINAR/SCHOOLS 3,500 0 3,500 497.00 .00 3,003.00 14.2% 014140 3450 CONTRACTED SERVICES 70,000 0 70,000 50,801.69 .00 19,198.31 72.6% 014140 3531 TRANSFER TO TECHNOLOGY FUND 9,000 0 9,000 9,000.00 .00 .00 100.0%

TOTAL PLANNING & ZONING 404,303 0 404,303 397,618.64 .00 6,684.36 98.3%

4300 HIGHWAYS ______

014300 3002 PENSION CONTRIBUTION 45,720 0 45,720 45,720.00 .00 .00 100.0% 014300 3003 WORKERS' COMPENSATION 25,800 0 25,800 25,151.96 .00 648.04 97.5% 014300 3110 SALARIES 517,500 0 517,500 455,234.07 .00 62,265.93 88.0% 014300 3153 LONG TERM DISABILITY 2,300 0 2,300 1,646.79 .00 653.21 71.6% 014300 3156 HEALTH INSURANCE 77,500 0 77,500 71,903.39 .00 5,596.61 92.8% 014300 3158 LIFE INSURANCE 3,000 0 3,000 2,635.54 .00 364.46 87.9% 014300 3161 SOCIAL SECURITY/MEDICARE TAX 0 0 0 -489.71 .00 489.71 .0% 014300 3183 OVERTIME 30,000 0 30,000 8,661.05 .00 21,338.95 28.9% 014300 3191 UNIFORM MAINTENANCE 4,000 0 4,000 1,940.91 .00 2,059.09 48.5% 014300 3192 PHYSICAL EXAMINATIONS 1,000 0 1,000 1,140.00 .00 -140.00 114.0% 014300 3210 OFFICE SUPPLIES 1,100 0 1,100 531.80 .00 568.20 48.3% 014300 3231 GASOLINE 3,000 0 3,000 891.58 .00 2,108.42 29.7% 014300 3232 DIESEL 16,000 0 16,000 12,110.33 .00 3,889.67 75.7% 014300 3245 GENERAL SUPPLIES 30,000 0 30,000 28,285.91 .00 1,714.09 94.3% 014300 3246 FLEET MAINTENANCE SUPPLIES 35,000 0 35,000 14,529.67 .00 20,470.33 41.5%

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FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______014300 3306 MS4s 20,000 20,000 40,000 33,591.60 .00 6,408.40 84.0% 014300 3313 ENGINEERING 15,000 0 15,000 14,521.00 .00 479.00 96.8% 014300 3340 COMMUNICATIONS 900 0 900 937.52 .00 -37.52 104.2% 014300 3351 PROPERTY INSURANCE 19,900 0 19,900 16,746.02 .00 3,153.98 84.2% 014300 3352 LIABILITY INSURANCE 16,500 0 16,500 12,086.94 .00 4,413.06 73.3% 014300 3361 UTILITIES 27,350 0 27,350 21,000.71 .00 6,349.29 76.8% 014300 3365 SOLID WASTE 2,300 0 2,300 2,256.34 .00 43.66 98.1% 014300 3384 EQUIPMENT RENTAL 15,000 0 15,000 5,632.57 .00 9,367.43 37.6% 014300 3410 WHITFORD VILLAGE ISLAND 450 0 450 .00 .00 450.00 .0% 014300 3420 DUES 700 0 700 683.00 .00 17.00 97.6% 014300 3422 TRAINING/SEMINAR/SCHOOLS 3,000 0 3,000 1,660.50 .00 1,339.50 55.4% 014300 3450 CONTRACTED SERVICES 6,000 0 6,000 4,612.24 .00 1,387.76 76.9% 014300 3455 CONTRACTED VEHICLE MAINTENANCE 20,000 0 20,000 15,182.70 .00 4,817.30 75.9% 014300 3490 FLEET ALLOCATION 86,000 0 86,000 73,196.24 .00 12,803.76 85.1% 014300 3491 FLEET REIMBURSEMENT -164,000 0 -164,000 -140,762.00 .00 -23,238.00 85.8% 014300 3531 TRANSFER TO TECHNOLOGY FUND 34,000 0 34,000 34,000.00 .00 .00 100.0% 014300 3552 TRANSFER TO EQUIPMENT REPL 109,000 0 109,000 109,000.00 .00 .00 100.0% 014300 3668 DRAINAGE 15,000 0 15,000 10,413.33 .00 4,586.67 69.4% 014300 3680 ROAD&BRIDGE RESURFACING 20,000 0 20,000 18,740.43 .00 1,259.57 93.7%

TOTAL HIGHWAYS 1,039,020 20,000 1,059,020 903,392.43 .00 155,627.57 85.3%

4520 PARKS & RECREATION ______

014520 3002 PENSION CONTRIBUTION 13,651 0 13,651 13,651.00 .00 .00 100.0% 014520 3003 WORKERS' COMPENSATION 7,500 0 7,500 7,311.61 .00 188.39 97.5% 014520 3110 SALARIES 111,100 0 111,100 103,314.58 .00 7,785.42 93.0% 014520 3144 PART TIME PERSONNEL SALARIES 6,500 0 6,500 5,849.42 .00 650.58 90.0% 014520 3153 LONG TERM DISABILITY 600 0 600 464.35 .00 135.65 77.4% 014520 3156 HEALTH INSURANCE 38,500 0 38,500 31,246.32 .00 7,253.68 81.2% 014520 3158 LIFE INSURANCE 720 0 720 713.40 .00 6.60 99.1% 014520 3183 OVERTIME 12,000 0 12,000 5,505.52 .00 6,494.48 45.9% 014520 3191 UNIFORM MAINTENANCE 1,300 0 1,300 678.88 .00 621.12 52.2% 014520 3210 OFFICE SUPPLIES 450 0 450 222.52 .00 227.48 49.4% 014520 3231 GASOLINE 700 0 700 535.10 .00 164.90 76.4% 014520 3232 DIESEL 5,300 0 5,300 3,984.57 .00 1,315.43 75.2% 014520 3245 GENERAL SUPPLIES 32,000 0 32,000 23,812.12 .00 8,187.88 74.4% 014520 3340 COMMUNICATIONS 400 0 400 374.94 .00 25.06 93.7% 014520 3351 PROPERTY INSURANCE 7,900 0 7,900 5,178.54 .00 2,721.46 65.6% 014520 3352 LIABILITY INSURANCE 6,800 0 6,800 4,981.28 .00 1,818.72 73.3%

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 West Whiteland Township PAGE 9 10:37:49 2020 ACTUALS, UNAUDITED glflxrpt

FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 01 GENERAL FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______014520 3361 UTILITIES 14,600 0 14,600 15,815.56 .00 -1,215.56 108.3% 014520 3365 SOLID WASTE 2,130 0 2,130 1,948.65 .00 181.35 91.5% 014520 3384 EQUIPMENT RENTAL 800 0 800 80.00 .00 720.00 10.0% 014520 3420 DUES 200 0 200 155.00 .00 45.00 77.5% 014520 3422 TRAINING/SEMINAR/SCHOOLS 3,000 0 3,000 663.50 .00 2,336.50 22.1% 014520 3450 CONTRACTED SERVICES 90,000 0 90,000 66,936.70 3,865.00 19,198.30 78.7% 014520 3490 FLEET ALLOCATION 10,000 0 10,000 8,445.72 .00 1,554.28 84.5% 014520 3531 TRANSFER TO TECHNOLOGY FUND 9,000 0 9,000 9,000.00 .00 .00 100.0% 014520 3552 TRANSFER TO EQUIPMENT REPL 32,500 0 32,500 32,500.00 .00 .00 100.0% 014520 3702 TRANSFER/CAPITAL IMPROVEMENTS 50,000 0 50,000 .00 .00 50,000.00 .0% 014520 3758 RECREATION PROGRAMS 20,000 0 20,000 .00 .00 20,000.00 .0%

TOTAL PARKS & RECREATION 477,651 0 477,651 343,369.28 3,865.00 130,416.72 72.7%

4810 DEBT SERVICE ______

014810 3534 TRANSFER/DEBT 1,150,000 0 1,150,000 1,113,985.81 .00 36,014.19 96.9% 014810 9065 TRANSFER TO PUBLIC SERVICE 0 0 0 3,000,000.00 .00 -3,000,000.00 .0%

TOTAL DEBT SERVICE 1,150,000 0 1,150,000 4,113,985.81 .00 -2,963,985.81 357.7%

TOTAL GENERAL FUND -4,733 50,000 45,267 3,881,178.42 18,831.57 -3,854,742.99 %

TOTAL REVENUES -12,055,636 0 -12,055,636 -11,225,903.57 .00 -829,732.43 TOTAL EXPENSES 12,050,903 50,000 12,100,903 15,107,081.99 18,831.57 -3,025,010.56

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 West Whiteland Township PAGE 1 10:36:23 2020 ACTUALS, UNAUDITED glflxrpt

FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 02 SEWER FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______

3410 INTEREST ______

023410 8510 INTEREST FROM INVESTMENTS -48,000 0 -48,000 -16,611.82 .00 -31,388.18 34.6% 023410 8514 UNREALIZED GAIN/LOSS 0 0 0 -292.46 .00 292.46 .0%

TOTAL INTEREST -48,000 0 -48,000 -16,904.28 .00 -31,095.72 35.2%

3640 SERVICE FEE REVENUE ______

023640 9520 SEWER FEES -3,226,000 0 -3,226,000 -2,898,413.18 .00 -327,586.82 89.8% 023640 9521 SEWER LATE FEES -30,000 0 -30,000 -8,089.24 .00 -21,910.76 27.0% 023640 9525 INDUSTRIAL WASTE SURCHARGE -3,600 0 -3,600 -2,176.66 .00 -1,423.34 60.5% 023640 9527 SEWER CERTIFICATIONS -8,000 0 -8,000 -10,865.00 .00 2,865.00 135.8% 023640 9530 CLOVER MILL PAYMENT -184,000 0 -184,000 -168,856.35 .00 -15,143.65 91.8%

TOTAL SERVICE FEE REVENUE -3,451,600 0 -3,451,600 -3,088,400.43 .00 -363,199.57 89.5%

3800 CONTRIBUTIONS ______

023800 7910 TRANSFER -780,000 0 -780,000 -565,000.00 .00 -215,000.00 72.4% 023800 9460 MISCELLANEOUS REVENUE -2,000 0 -2,000 -50.00 .00 -1,950.00 2.5%

TOTAL CONTRIBUTIONS -782,000 0 -782,000 -565,050.00 .00 -216,950.00 72.3%

4290 SANITARY SEWER SYSTEM ______

024290 3002 PENSION CONTRIBUTION 72,657 0 72,657 72,657.00 .00 .00 100.0% 024290 3003 WORKERS' COMPENSATION 18,800 0 18,800 18,327.78 .00 472.22 97.5% 024290 3110 SALARIES 722,200 0 722,200 835,483.84 .00 -113,283.84 115.7% 024290 3153 LONG TERM DISABILITY 3,000 0 3,000 2,282.05 .00 717.95 76.1% 024290 3156 HEALTH INSURANCE 140,200 0 140,200 127,361.50 .00 12,838.50 90.8% 024290 3158 LIFE INSURANCE 4,000 0 4,000 3,446.66 .00 553.34 86.2% 024290 3161 SOCIAL SECURITY/MEDICARE TAX 0 0 0 -1,040.80 .00 1,040.80 .0% 024290 3183 OVERTIME 22,000 0 22,000 12,850.69 .00 9,149.31 58.4%

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 West Whiteland Township PAGE 2 10:36:23 2020 ACTUALS, UNAUDITED glflxrpt

FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 02 SEWER FUND APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______024290 3191 UNIFORM MAINTENANCE 3,500 0 3,500 1,492.77 .00 2,007.23 42.7% 024290 3192 PHYSICAL EXAMINATIONS 250 0 250 .00 .00 250.00 .0% 024290 3210 OFFICE SUPPLIES 1,000 0 1,000 473.08 .00 526.92 47.3% 024290 3231 GASOLINE 700 0 700 95.60 .00 604.40 13.7% 024290 3232 DIESEL 5,800 0 5,800 5,436.35 .00 363.65 93.7% 024290 3245 GENERAL SUPPLIES 47,000 0 47,000 44,082.92 1,410.59 1,506.49 96.8% 024290 3311 AUDITING SERVICES 6,500 0 6,500 6,000.00 .00 500.00 92.3% 024290 3313 ENGINEERING 15,000 0 15,000 4,534.55 .00 10,465.45 30.2% 024290 3314 SOLICITORS 10,000 0 10,000 9,972.45 .00 27.55 99.7% 024290 3324 PA ONE CALL 6,000 0 6,000 4,254.14 1,745.86 .00 100.0% 024290 3340 COMMUNICATIONS 9,600 0 9,600 9,994.22 .00 -394.22 104.1% 024290 3351 PROPERTY INSURANCE 28,900 0 28,900 23,602.80 .00 5,297.20 81.7% 024290 3352 LIABILITY INSURANCE 18,500 0 18,500 13,552.03 .00 4,947.97 73.3% 024290 3361 UTILITIES 133,100 0 133,100 108,833.78 .00 24,266.22 81.8% 024290 3365 SOLID WASTE 1,140 0 1,140 1,121.04 .00 18.96 98.3% 024290 3374 EQUIPMENT REPAIRS 123,000 0 123,000 49,613.49 17,620.44 55,766.07 54.7% 024290 3384 EQUIPMENT RENTAL 1,500 0 1,500 192.50 .00 1,307.50 12.8% 024290 3420 DUES 700 0 700 463.50 .00 236.50 66.2% 024290 3422 TRAINING/SEMINAR/SCHOOLS 3,000 0 3,000 705.50 .00 2,294.50 23.5% 024290 3439 INDUSTRIAL WASTE DISCHARGE 3,500 0 3,500 4,676.72 .00 -1,176.72 133.6% 024290 3450 CONTRACTED SERVICES 37,000 0 37,000 37,733.65 .00 -733.65 102.0% 024290 3458 CONTRACTED TREATMENT - DARA 900,000 0 900,000 891,751.28 .00 8,248.72 99.1% 024290 3460 CONTRACTED TREATMENT-W. GOSHEN 1,180,000 0 1,180,000 852,466.11 .00 327,533.89 72.2% 024290 3490 FLEET ALLOCATION 17,000 0 17,000 14,076.20 .00 2,923.80 82.8% 024290 3531 TRANSFER TO TECHNOLOGY FUND 49,000 0 49,000 49,000.00 .00 .00 100.0% 024290 3533 TRANSFER 5,000 0 5,000 5,000.00 .00 .00 100.0% 024290 3534 TRANSFER/DEBT 95,000 0 95,000 95,000.00 .00 .00 100.0% 024290 3552 TRANSFER TO S.C. FOR EQUIP REP 30,000 0 30,000 30,000.00 .00 .00 100.0% 024290 3610 I & I REPAIR COST 45,000 0 45,000 .00 6,386.50 38,613.50 14.2% 024290 3612 ROOT CONTROL 12,000 0 12,000 11,726.30 .00 273.70 97.7% 024290 3620 BARKWAY EGPS (MILL VALLEY) 15,000 0 15,000 .00 .00 15,000.00 .0% 024290 3807 INVESTMENT & BANK EXPENSES 18,000 0 18,000 20,121.78 .00 -2,121.78 111.8%

TOTAL SANITARY SEWER SYSTEM 3,804,547 0 3,804,547 3,367,341.48 27,163.39 410,042.13 89.2%

TOTAL SEWER FUND -477,053 0 -477,053 -303,013.23 27,163.39 -201,203.16 57.8%

TOTAL REVENUES -4,281,600 0 -4,281,600 -3,670,354.71 .00 -611,245.29 TOTAL EXPENSES 3,804,547 0 3,804,547 3,367,341.48 27,163.39 410,042.13

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FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 12 SOLID WASTE APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______

3410 INTEREST ______

123410 8510 INTEREST -5,000 0 -5,000 -1,476.43 .00 -3,523.57 29.5%

TOTAL INTEREST -5,000 0 -5,000 -1,476.43 .00 -3,523.57 29.5%

3540 INTERGOVERNMENTAL REVENUE ______

123540 8539 SECTION 904 OF ACT 101 -98,000 0 -98,000 -3,927.53 .00 -94,072.47 4.0%

TOTAL INTERGOVERNMENTAL REVENUE -98,000 0 -98,000 -3,927.53 .00 -94,072.47 4.0%

3640 SERVICE FEE REVENUE ______

123640 9375 REFUSE BAGS -525,000 0 -525,000 -568,895.00 .00 43,895.00 108.4% 123640 9377 HAULING-LICENSE -275 0 -275 -500.00 .00 225.00 181.8% 123640 9460 MISCELLANEOUS REVENUE -6,800 0 -6,800 .00 .00 -6,800.00 .0% 123640 9467 RECYCLE BINS -2,000 0 -2,000 -750.00 .00 -1,250.00 37.5% 123640 9481 SERVICE FEES -215,000 0 -215,000 -215,931.78 .00 931.78 100.4% 123640 9482 SOLID WASTE LATE FEES -2,700 0 -2,700 -543.10 .00 -2,156.90 20.1%

TOTAL SERVICE FEE REVENUE -751,775 0 -751,775 -786,619.88 .00 34,844.88 104.6%

4310 PWD SOLID WASTE DIVISION ______

124310 3002 PENSION CONTRIBUTION 3,053 0 3,053 3,053.00 .00 .00 100.0% 124310 3110 SALARIES 32,000 0 32,000 23,381.58 .00 8,618.42 73.1% 124310 3153 LONG TERM DISABILITY 150 0 150 89.07 .00 60.93 59.4% 124310 3158 LIFE INSURANCE 200 0 200 137.72 .00 62.28 68.9% 124310 3183 OVERTIME 500 0 500 61.64 .00 438.36 12.3% 124310 3210 OFFICE SUPPLIES 1,100 0 1,100 455.28 .00 644.72 41.4% 124310 3245 GENERAL SUPPLIES 27,200 0 27,200 .00 .00 27,200.00 .0% 124310 3314 SOLICITORS 500 0 500 320.25 .00 179.75 64.1% 124310 3340 COMMUNICATIONS 1,100 0 1,100 1,217.45 .00 -117.45 110.7%

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 West Whiteland Township PAGE 2 10:31:52 2020 ACTUALS, UNAUDITED glflxrpt

FROM 2020 01 TO 2020 13

ACCOUNTS FOR: ORIGINAL TRANFRS/ REVISED AVAILABLE PCT 12 SOLID WASTE APPROP ADJSTMTS BUDGET ACTUALS ENCUMBRANCES BUDGET USED

______124310 3365 SOLID WASTE 201,000 0 201,000 212,689.03 .00 -11,689.03 105.8% 124310 3420 DUES 150 0 150 150.00 .00 .00 100.0% 124310 3422 TRAINING/SEMINAR/SCHOOLS 1,000 0 1,000 .00 .00 1,000.00 .0% 124310 3450 CONTRACTED SERVICES 588,500 0 588,500 603,857.06 .00 -15,357.06 102.6% 124310 3531 TRANSFER TO TECHNOLOGY FUND 2,000 0 2,000 2,000.00 .00 .00 100.0% 124310 3807 INVESTMENT & BANKING EXPENSES 700 0 700 620.92 .00 79.08 88.7%

TOTAL PWD SOLID WASTE DIVISION 859,153 0 859,153 848,033.00 .00 11,120.00 98.7%

TOTAL SOLID WASTE 4,378 0 4,378 56,009.16 .00 -51,631.16 %

TOTAL REVENUES -854,775 0 -854,775 -792,023.84 .00 -62,751.16 TOTAL EXPENSES 859,153 0 859,153 848,033.00 .00 11,120.00

West Whiteland -----<<€wa1•m1"1m:ru;mo+~--

TOWNSHIP MISSION: To provide the community with local government services that prioritize safety, sustainability and quality of life.

VALUES: • Service to the community as our top priority • Openness to ideas and feedback • Integrity and fairness in our decisions and interactions • Camaraderie and teamwork among staff • Respect for all people Priorities and Services MISSION: To provide the community with local government services that prioritize safety, What we do and why we do it West Whiteland sustainability and quality of life. ------<<{lill!ll'l:t!llll'lll}-11:JEIII►>>---- PRIORITY FOCUS AREAS

Strengthening community Fostering a sense of place around resilience and connections Exton Crossroads

CURRENT CHALLENGES / OVERLAPPING NEEDS

Maintaining public safety Delivering reliable administrative services

FOUNDATIONAL PRIORITIES / ONGOING NEEDS

VALUES: Service to the community as our top priority · Openness to ideas and feedback · Integrity and fairness in our decisions and interactions · Camaraderie and teamwork among staff · Respect for all people Priorities and Services MISSION: To provide the community with local government services that prioritize What we do and why we do it safety, sustainability and quality of life. West Whiteland ---~mMm111•m11m~-~ ---

Strengthening community resilience and connections Fostering a sense of place around Exton Crossroads

• pioneering recycling program to reduce waste and control costs • proactive community engagement and public outreach • using Development by Design to build a vision for Exton Crossroads’ evolving look and feel • well-maintained local roads, sewer • planning and projects for multi-modal transportation connections and storm water infrastructure • zoning to guide vibrant mixed-use, bike/ped- • open space & recreation network to play, exercise, and learn outdoors friendly redevelopment around Exton • development regulations to support Crossroads family-friendly neighborhoods • historic preservation to deepen community identity

• work towards the Ready for 100 goal of 100% renewable energy by 2050

Maintaining public safety Delivering reliable administrative services

• effective police protection and services to community • support the Resolution for Social Justice through continuing education to add to • police/community interactions to build partnerships and trust staff’s understanding about, and skills to overcome, systemic racism and implicit bias

• support the Resolution for Social Justice through quality police protection to people • skilled staff with resources, training and encouragement to meet high standards of all races and striving to eliminate systemic racism and bigotry • sound financial planning to keep costs manageable and services reliable • traffic safety to reduce serious motor vehicle crashes and facilitate pedestrian safety • professional systems to stay on top of requirements and best practices • support for local fire and ambulance companies and attention to fire prevention • streamlined processes to meet the needs of constituents and co-workers • consistently enforced codes to ensure safe buildings and an attractive community • responsive and friendly customer service • coordinated emergency planning and training

VALUES: Service to the community as our top priority · Openness to ideas and feedback · Integrity and fairness in decisions and interactions · Camaraderie and teamwork among staff · Respect for all people 2021 PRIORITY PROJECTS AND INITIATIVES

Strengthening community resilience and identity Fostering a sense of place around Exton Crossroads

Planning/projects for multi-modal transportation connections pioneering recycling program to reduce ✓ Advocate for funding for Rt 100 lane by Exton Train Station using Development by Design to build a waste and control costs ✓ Complete new Whitford Rd lane btw Waterloo & Lincoln Hwy vision for Exton Crossroads’ evolving ✓ Encourage use of “Recycle Coach” ✓ Complete design/permitting for Ship Rd Couplet (road & trail) look and feel ✓ Manage transition to single stream ✓ Update the community about Twp’s recycling, weekly bulk trash and County open space/recreation network to play, exercise, learn outdoors planning and vision for the Crossroads processing recycled material ✓ Complete Exton Park Phase 1 • Develop presentation on “Development 101”, explaining what Twp can and ✓ Rename Boot Road Park North in honor of Joe Catov can’t do well-maintained local roads, sewer and • Explain how/why mixed-use storm water infrastructure historic preservation to deepen community identity development can help the Crossroads ✓ Complete revisions for MS4 permit, ✓ Complete update to historic resources study ✓ Hold small group discussions to get input including GIS layers in Traisr ✓ Explore options for Pennypacker House (by Exton Park) about where people work, shop, dine, ✓ Complete Swedesford Chase basin retrofit walk and bike: ✓ Call attention to development renovations to historic structures ✓ Complete design of Clover Mill pump • Share ULI presentation, get feedback ✓ Research history of post-WWII developments station upgrade on community’s desires for Crossroads ✓ Complete inflow & infiltration study and • Decide on first step(s) to implement start remediation work towards 100% renewable energy by 2050 recommendations from ULI report ✓ Evaluate HVAC in Twp Building and new PW garage ✓ Monitor DARA initiation of design for treatment plant expansion ✓ Begin transitioning fleet to hybrid/electric where feasible ✓ Support Clean Energy Future initiative to engage the WC area community about energy efficiency and renewable energy 2021 Priority Projects and Initiatives

Maintaining public safety Delivering reliable administrative services effective police protection and services to community proactive community engagement and public outreach ✓ Maintain police department accreditation ✓ Work with PR consultant to improve Twp messaging and public interaction ✓ Resume community engagement efforts, first virtually, later in-person ✓ Hold open houses and meet with HOA’s to discuss Twp services and initiatives ✓ Collaborate with Chester County Library on new resident welcome packets police/community interactions to build partnerships and trust ✓ Resume community engagement efforts, first virtually and then in-person skilled staff with the resources, training & encouragement to meet high standards support the Board’s Resolution for Social Justice through quality police ✓ Begin construction of new Public Works Facility protection to all races and striving to eliminate systemic racism and bigotry ✓ Rearrange space in Twp Building to improve workflow and communication ✓ Reinforce training and staff discussions to improve internal communication and build ✓ Reinforce training re: policies, best practices, and bias awareness understanding and comfort level with racial and cultural differences ✓ Monitor calls and data traffic enforcement to reduce serious crashes and facilitate pedestrian safety sound financial planning to keep costs manageable and services reliable ✓ Maintain traffic safety unit to promote the safety of drivers, bikers and walkers ✓ Present 5-year operations forecast, taking into account COVID uncertainty ✓ Update Township’s Vehicles and Traffic Ordinance ✓ Present and discuss staffing analysis to BOS support for local fire company and attention to fire prevention professional systems to stay on top of requirements and best practices ✓ Continue WWFC funding & authorization for Twp staff to respond to fire calls ✓ Shop around for integrated general ledger and billing software that will support ✓ Develop plan for and implement fire prevention inspections & education paperless invoicing and payments ✓ Increase community awareness about fire safety and code regulations ✓ Master and optimize new software for permits, infrastructure, payroll, HR, A/P, sewer billing, file storage, workflow and project management support for local ambulance companies ✓ Reinforce network security ✓ Support implementation of county-wide Fire & EMS strategic plan streamlined processes to meet the needs of constituents and co-workers consistently enforced codes to ensure safe buildings and attractive community ✓ Rollout SharePoint invoice tracking system ✓ Transition to online permitting ✓ Complete staff transitions from network drives to SharePoint & OneDrive ✓ Simplify permitting process and reports, add consistency to documentation and ✓ Make tangible progress in transition from paper to electronic file storage inspection standards for staff, and improve or maintain BCEGS score ✓ Evaluate code and rental property ordinances for updates and compliance responsive and friendly customer service coordinated emergency planning and training ✓ Streamline points of entry to reduce visitor confusion and ease strain on staff when the Township Building reopens to the public ✓ Adopt updated Emergency Operations Plan and organize training

MEMORANDUM

DATE: February 12, 2021

TO: Board of Supervisors Mimi Gleason, Township Manager West Whiteland FROM: Theodore D. Otteni, P.E., Director of Public Works .... i'fiiil ►

SUBJECT: Authorization to Advertise Update Township Code: Chapter 300 – Vehicles and Traffic

MOTION: To authorize advertisement of an amendment to Chapter 300, Article II, §300-8 and §300-11 of the West Whiteland Township Code to establish 25 MPH speed limit on select Township roads and to update the list of intersections presently controlled by “Stop” signs on Township roads.

In conjunction with the Police Department, the Department of Public Works reviewed sections of the Traffic and Vehicles chapter in the Township Code and is recommending changes.

Section 300-8, Speed Limits Established In response to concerns from residents, several roads have been determined to warrant a posting of a 25 MPH speed limit. The following streets will be added to the existing list of streets to be posted with a 25 MPH speed limit:

• Birchwood Drive • Fringetree Drive • Gypsie Lane • Pendula Court • Silverbell Court • Snowberry Way • Sweet Briar Road • Torrey Pine Court • Twin Oaks Lane • Whiteland Woods Boulevard

Section 300-11, Stop Intersections This update incorporates and updates the code to add locations where stop signs have been approved over time per land development plans and to address safety concerns as well as address grammatical changes. This update also incorporates the elimination of several stop sign controlled intersections that have been replaced with traffic signals. No new stop signs are proposed to be installed with this update. WEST WHITELAND TOWNSHIP CHESTER COUNTY, PENNSYLVANIA

ORDINANCE NO.

AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 300 (VEHICLES AND TRAFFIC) OF THE CODE OF ORDINANCES OF WEST WHITELAND TOWNSHIP AMENDING §300-8.A(1) TO ADD SPEED LIMITS TO SPECIFIED STREETS; AMENDING §300-11.A TO MAKE ADDITIONS AND DELETIONS TO EXISTING STOP INTERSECTIONS; ADDING A NEW §300-20.1 TO ADDRESS VIOLATIONS AND PENALTIES; AND DELETING INCONSISTENT OR OBSOLETE PROVISIONS OF THE CHAPTER.

AND NOW, this day of , 2021, it is hereby ENACTED and ORDAINED by the Board of Supervisors of West Whiteland Township, Chester County, Pennsylvania, as follows:

Section 1. Article II, “Traffic Regulations”, of Chapter 300 of the West Whiteland Township Code of Ordinances, §300-8.A(1), is hereby amended by the addition of the following speed limits:

ADDITIONS:

Name of Street From To Birchwood Drive Entire length Fringetree Drive Entire length Gypsie Lane Entire length Pendula Court Entire length Silverbell Court Entire length Snowberry Way Entire length Sweet Briar Road Entire length Torrey Pine Court Entire length Twin Oaks Lane Entire length Whiteland Woods Boulevard Entire length

Section 2. Article II, “Traffic Regulations”, of Chapter 300 of the West Whiteland Township Code of Ordinances, §300-11.A, is hereby amended by the addition of the following stop intersections:

ADDITIONS:

Stop Street Direction of Travel Through Street Anthonys Drive North Valley Hill Road Beau Drive North West Boot Road Bell Court East Landers Court Belmont Avenue North and South Brookhill Road Bentley Court East Bowen Drive Biddle Drive East Valley View Drive Birchwood Drive South Silverbell Court Birchwood Drive South Whiteland Woods Boulevard Bond Court East Preston Court Bonnie Blink Drive South King Road Bonnie Blink Drive North North and South Pullman Drive Bowen Drive South Sunrise Boulevard Bowman Avenue South Southern Drive Briar Road West Hillside Drive Briar Road East Laurel Lane Bridle Path North Polo Run Brookhill Road West Cardinal Avenue Brookhill Road East and West Bowman Avenue Burgoyne Road South West Boot Road Burgundy Lane East Spruce Drive Burgundy Lane West Tapestry Circle Burke Road South South Whitford Road Cardinal Avenue South Southern Drive Clearbrook Road North East Boot Road Colfelt Court South Bowen Drive Colwyn Terrace East Whiteland Drive Commerce Drive East Iron Lake Boulevard Conifer Drive South West Boot Road Copeland Road North West Boot Road Country Lane North East Boot Road Country Lane West Estate Drive Creamery Way East South Whitford Road Creamery Way East and West Driveway for Buildings A & B/C Deer Lane North Southern Drive Downing Court West Woodledge Lane Dunwoody Drive East Phoenixville Pike East Belvidere Circle South West Boot Road East Belvidere Circle North East and West Belvidere Circle East Cub Hunt Lane West West Woodbank Way East Oak Lane South West Swedesford Road East Woodbank Way West Woodbank Way East Woodbank Way West West Woodbank Way Ellis Circle North Rolling Drive Stop Street Direction of Travel Through Street Erin Drive North Brittany Place Erin Drive South Kirkland Avenue Estate Drive North and South Country Lane Exton Lane South East Swedesford Road Far Hill Circle North Long Ridge Lane Firethorne Circle East South Balderston Drive Flintshire Terrace East East and West Belvidere Circle Fringetree Drive West Torrey Pine Court Full Cry Court West West Woodbank Way Glen Echo Road North Gypsie Lane Grand Oak Lane South Spruce Drive Green Valley Road East North Ship Road Greentree Lane South East Boot Road Grove Avenue South South Whitford Road Grovenor Court West Grove Avenue Grubbs Mill Road East Grove Road Heather Road East Locust Lane Heather Road West Hillside Drive Hendricks Avenue North Walsh Avenue Hillcrest Road South East Boot Road Hillside Drive North East Swedesford Road Horizon Court North Sunrise Boulevard Howell Court North Sunrise Boulevard Huffman Drive West North Whitford Road Jacobs Court East Trimble Lane Jeffers Circle North Clover Mill Road Jennifer Lane North Spruce Drive John Young Way West Thomas Jones Way John Young Way East Campbell Boulevard Jones Court West Bowen Drive Julieanna Drive North West Boot Road Keva Drive North Waterloo Boulevard King Road East and West Ship Road King Road South East Boot Road Kirkland Avenue North and South East Boot Road Kirkland Avenue West Pottstown Pike Landers Court North Sunrise Boulevard Lee Place South Waterloo Boulevard Lennon Way South and West Grove Avenue Liam Lane West Burke Road Locust Lane North East Swedesford Road Long Ridge Lane East Watch Hill Road Longwood Drive East North Whitford Road McGregor Drive West and South Douglas Drive Merion Terrace West East Belvidere Circle Stop Street Direction of Travel Through Street Miller Way North Waterloo Boulevard Morgan Circle East Palomino Drive Namar Avenue North Walsh Avenue National Road West South Whitford Road Neils Drive West Grand View Drive New Mill Lane West Jeffers Circle North Cote Circle West Watch Hill Road North Laurel Lane North East Swedesford Road North Laurel Lane South Brookview Road North Pullman Drive North and South Pullman Drive North Pullman Drive East Bonnie Blink Drive North Ship Road North Valley Hill Road Oak Lane South Dogwood Drive Old Mill Lane North Clover Mill Road Old Phoenixville Pike West Phoenixville Pike Old Pottstown Pike North and South Pottstown Pike Old Valley Road East North Ship Road Palomino Drive North and South Southern Drive Pendula Court North Whiteland Woods Boulevard Pine Needle Drive East Spackman Lane Polo Run East Grove Avenue Prairie Lane West Beau Drive Preston Court South Bowen Drive Quail Run South Watch Hill Road Quinn Court East Landers Court Rockland Drive West Route 100 Route 100 (off ramp) South Waterloo Boulevard Ship Road North and South South Pullman Drive Ship Road South East Boot Road Shoen Road West North Whitford Road Silverbell Court South Fringetree Drive Snowberry Way East Pendula Court Snowberry Way North Whiteland Woods Boulevard Sonnet Lane North West Boot Road Sorber Drive North Kirkland Avenue South Pullman Drive East Ship Road South Pullman Drive West Bonnie Blink Drive South Pullman Drive East and West North Pullman Drive South Whitford Road North Grove Avenue Spackman Lane East South Whitford Road Spackman Lane South West Boot Road Springdale Drive West South Ship Road Spruce Drive East North Whitford Road Station Place South East Boot Road Summit Drive North Springdale Drive Stop Street Direction of Travel Through Street Sunrise Boulevard East North Ship Road Sunset Lane East Memory Lane Sylvania Road East North Ship Road Thomas Road West Whitford Hills Road Thomas Jones Way North and South Creamery Way Torrey Pine Court South Whiteland Woods Boulevard Township Line Road West Valley View Drive Trimble Lane North Sunrise Boulevard Trimble Lane South East Swedesford Road Tulio Drive East and West Grand View Drive Valley Hill Road West North Ship Road Valley View Drive North Township Line Road Walkertown Road North Howard Road Walkertown Road South Mountain View Drive Walkertown Road West Route 100 Watch Hill Road North and South Long Ridge Lane Watch Hill Road South Shoen Road Waterwillow Road South Woodmint Drive West Belvidere Circle East East Belvidere Circle West Belvidere Circle North and West West Belvidere Circle West Belvidere Circle South West Boot Road West Cub Hunt Lane East West Woodbank Way West Oak Lane North Shoen Road West Oak Lane South West Swedesford Road West Swedesford Road East and West West Oak Lane West Woodbank Way North Constitution Drive West Woodbank Way East Woodbank Way Whiteland Drive North West Boot Road Whiteland Woods Boulevard South Burke Road Whiteland Woods Boulevard East Route 100 Whitford Hills Road East North Whitford Road Woodmint Drive North Waterwillow Road Wrights Lane West North Whitford Road Wycklow Road South Sussex Road

Section 3. Article II, “Traffic Regulations”, of Chapter 300 of the West Whiteland Township Code of Ordinances, §300-11.A, is hereby amended by the deletion of the following stop intersections:

DELETIONS:

Stop Street Direction of Travel Through Street Balderston Drive South Spruce Drive Balderston Drive South Westfield Drive Belden Boulevard North Lincoln Highway Belmont Avenue North Brookhill Road Belvidere Circle East East Belvidere Circle Belvidere Circle West West Belvidere Circle Belvidere Circle South Boot Road Briar West Hillside Drive Briar East Laurel Lane Brookhill Road West Bowman Avenue Burgoyne Road South Boot Road Burke Road South Whitford Road Clearbrook Road West Boot Road Colwyn Terrace North Whiteland Drive Copeland Road North Boot Road Country Lane North Boot Road Creamery Way East Whitford Road Crest Avenue South Howard Road Crest Avenue West Estate Drive Cub Hunt Lane, East West West Woodbank Way Cub Hunt Lane, West East West Woodbank Way East Belvidere Circle South Boot Road East Belvidere Circle North Belvidere Circle Ellis Drive North Rolling Drive Estate Drive South and North Country Lane Exton Lane South Swedesford Road Firehorne Circle East South Balderston Drive Flintshire Terrace East Belvidere Circle Full Cry Court South West Woodbank Way Glen Echo Road North Gypsy Lane Grant Road East Crest Avenue Grant Road West Route 100 Greentree Lane South Boot Road Grove Avenue South Whitford Road Grove Road North Boot Road Heather East Locust Lane Heather West Hillside Drive Hillcrest Road South Boot Road Hillside Drive North Swedesford Road Howard Road West Route 100 Huffman Drive West N. Whitford Road King Road South Boot Road Kirkland Avenue Both Kirkland (1375) Kirkland Avenue North and South Boot Road Kirkland Avenue West Route 100 Stop Street Direction of Travel Through Street Laurel Lane North Swedesford Road Laurel Lane South Brookview Road Locust Lane North Swedesford Road Longwood Drive East Whitford Road MacGregor Drive North Douglas Drive MacGregor Drive South Douglas Drive Michele Drive West Lisa Drive National Road West Whitford Road Oak Lane East Dogwood Drive Oak Lane North Shoen Road Oak Lane West South West Swedesford Road Old Phoenixville Pike North and South King Road Old Pottstown Pike North and South Route 100 Route 100 South Shoen Road Route 100 Swedesford Road (off-ramp) Scott Drive East Stewart Drive Ship Road North and South Swedesford Road Ship Road North Valley Hill Road Ship Road South Boot Road Shoen Road West Whitford Road Sonnet Lane North Boot Road South Pullman Drive East North Pullman Drive Spackman Lane East Whitford Road Spackman Lane South Boot Road Springdale Drive West Ship Road Springdale Drive West and East Summit Drive Spruce Drive East Whitford Road Summit Drive North Springfield Drive Thomas Jones Way South and North Creamery Way Township Line Road East and West Valley View Road Township Line Road East Valley View Road Valley Hill Road West Ship Road Valley View Road North Township Line Road Waterwillow Road (SB) South Woodmint Drive West Belvidere Circle North Belvidere Circle West Belvidere Circle South Boot Road West Swedesford Road West Oak Lane Whiteland Drive North Boot Road Whitford Road South Boot Road Woodbank Way, East West Woodbank Way Woodbank Way, East West West Woodbank Way Woodbank Way, West East Woodbank Way Woodbank Way, West North Constitution Drive Woodmint Drive (NB) North Waterwillow Road Wrights Lane West Whitford Road

Section 4. Article II, “Traffic Regulations”, of Chapter 300 of the West Whiteland Township Code of Ordinances is hereby amended by the deletion of the following paragraphs:

300-8.B.; 300-9.B.; 300-10.B.; 300-11.B.; 300-12.B; 300-13.B.; 300-14.B.; 300-15.C.; 300-16.B; and 300-18.B.

Section 5. Section 300-17 of Article II, “Traffic Regulations”, of Chapter 300 of the West Whiteland Township Code of Ordinances is hereby amended by the deletion of the following sentence:

Any person who shall violate any provision of this section shall, upon conviction thereof, be sentenced to pay a fine of $25 together with costs of prosecution.

Section 6. Article II, “Traffic Regulations”, of Chapter 300 of the West Whiteland Township Code of Ordinances is hereby amended by the addition of the following section:

300-20.1. Violations and penalties

Unless otherwise provided for in this chapter, any person who shall violate any of the provisions of this article shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than the maximum fine permitted by the Pennsylvania Vehicle Code for that violation, together with the costs of prosecution, or upon default of payment of the fine and costs, or as otherwise required by law, shall be sentenced to a term of imprisonment in the county prison for not more than the period permitted by the Pennsylvania Vehicle Code for such violation, or both.

Section 7. The ordinance shall be effective five (5) days from the date of enactment.

ENACTED and ORDAINED this day of , 2021 by the Board of Supervisors of West Whiteland Township.

WEST WHITELAND TOWNSHIP BOARD OF SUPERVISORS

Rajesh Kumbhardare, Chair

ATTEST: Theresa Santalucia, Vice-Chair

Mimi Gleason, Joshua Anderson, Supervisor Township Manager Adrian Copiz verizonv' Assistant General Counsel 1320 N. Courthouse Road, 9th Floor Arlington, Virginia 22201 703-558-9831 [email protected] RECEIVED By U.S. Postal Service Certified Mail MAY O2 2019 April 30, 2019 WE.Si WHliELAND iWP. 1 Board of Supervisors L West Whiteland Township 222 N01th Pottstown Pike Exton, PA 19341

Re: Franchise Renewal Notice Requesting Com111e11ce111e11t ofFormal Renewal Proceedings under Section 626 ofthe Co11111111nicatio11s Act

Dear Board of Supervisors:

Verizon Pennsylvania LLC ("Verizon") appreciates the opportunity to provide competitive cable service in West Whiteland Township ("Township"). Our records indicate that the cable television franchise granted by the Township and held by Verizon expires on December 12, 2021. Section 626 of the Communications Act of 1934, as amended, delineates formal procedures to be followed to renew cable television franchises that must be invoked 30 - 36 months prior to franchise expiration or ce1tain protections may be lost. As we are now in that time frame, by way of this letter Verizon gives notice that it seeks renewal of its cable television franchise and respectfully requests that the Township commence renewal proceedings pursuant to Section 626(a).

While Verizon seeks to preserve its rights under the formal renewal process, the Communications Act also authorizes franchise renewal through good faith, informal negotiations. Section 626(h) contemplates an alternative renewal process that also affords public notice and opportunity for comment but . does not require strict adherence to the substantive and procedural requirements outlined in the statute. I have enclosed a copy of Section 626 of the Communications Act for your review. The informal approach may be mutually beneficial. With the understanding that proceeding in this manner will not waive any of the rights of the parties under the formal process, Verizon is agreeable to discussing the terms of a renewal agreement with the Township on an informal basis at a mutually convenient time.

Verizon is proud to serve the residents of West Whiteland Township. We will contact you shortly to schedule a meeting to determine how best to proceed. We look forward to meeting with you and . working with you on the franchise renewal.

Very truly yours,

~ I Adrian Copiz

Enclosure: Communications Act Section 626 (47 U.S.C. § 546)

cc: Lamb McErlane Comm11nlcatiol!S .A.ct of 1'1_34

cable system, (3) The franchising authority may establ_ish a date by which such proposal shall be submitted. (c)(l) Upon submittal by a cable operator of a proposal to the franchising authority for.the renewal ofa franchise pursuant to subsection (b), the franchising authority shall provide prompt public notice of such proposal and, during the 4- month period which begins on th_e date of the submission of the cable operator's proposal pursuant to subsection (b), renew the franchise or, issue a preliminary assessment that the franchise should not be renewed and, at the request of the operator or on its own initiative, commence an administrative proceeding, after providing prompt public notice of such proceeding, in accordance with paragraph (2) to consider whether-- (A) the cable operator has substantially complied with the material tenns of the existing franchise and with applicable Jaw; (B) the qnality of the operator's service, including signal quality, response to consumer complaints, and billing practices, but without regard to the mix or quality of cable services or other seIYices provided ov_er the system, has been reasonable in light of community needs; (C) the operator has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in the operator's proposal; and (D) the operator's proposal is reasonable to meet the future cable related community needs and interests, taking into account the cost of meeting such needs and interests. (2) In any proceeding under paragraph (I), the cable operator shall be afforded adequate notice and tlie cable operator and the franchise aut)i.ority, or its designee, shall be afforded fair opportunity for full participation, including the right to introduce evidence (including evidence related to issues raised in the proceeding under subsection (a)), to require the production of evidence, and to question witnesses. A transcript shall be made of any such proceeding. (3) At the completion of a proceeding under this subsection, the franchising authority shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding, and transmit a copy of such decision to the cable operator. Such decision shall state the reasons therefor. (d) Any denial of a proposal for renewal that has been submitted in compliance with subsection (b) shall be based au one or more adverse :fmdings made with respect to the factors described in subparagraphs (A.) through (DJ of subsection (c)(1), pursuant to the record of the proceeding under subsection (c). A franchising authority may not base a denil!l of renewal on a failure to sul)stantially comply with the material terms of the franchise nnder subsection (c)(l )(A) or on events considered under subsection (c)(l)(B) in any case in which a violation of the franchise or the events considered under subsection (c)(l)(B) occur after the

292 Commtinicat,lons A~tpf.193.4. . '" effective date of this title unless the franchising authority has provided the operator with notice and the opportunity to cure, or in ariy case in which it is documented that the franchising au'thority has_ waived its right to object, or the ca1?le operator gives written noijGe of a failure or inability to cure ·and th~ franchising authority fails to object within a teasonable time after receipt of such notice. (e)(l) Any cable operator whose proposal for renewal has been denied by a final decision ofa franchising authority made pursuant to this section, or has been adversely affected by a failure of the franchising authority to act in accordance with the procedural requirements of this section, may appeal such final decision or failure pursuant to the provisions of section 635. (2) The court shall grarit appropriate relief if the court finds that-- (A) any action of the franchising authority, other than harmless error, is not in compliance wit_h the procedural requirements of this section; or (B) in the event of a final decision of the franchising authority denying the renewal proposal, the operator has demonstrated that the adverse finding of the franchising authcidty with respect to each of the factors ~escribed in subparagraphs (A) through (D) of subsection (c)(I) on which the denial is based is not supported by a preponderance of the evidence, based on the record of the proceeding conducted under subsection (c). (I) Any de<;ision of a franchising authority on a proposal for renewal shall not be considered final unless all administrative review by the State has occurred or the opportunity therefor has lapsed. (g) For purposes ofthi_s sectj9n, the t~rrn "franchise expiration" means the date of the expiration of the term of the franchise, as provided under the franchise, as it was in effect on the date of the enactment of this title. (h) Notwithstanding the provisions of subsections (a) through (g) of this section, a cable operator may submit a proposal for the renewal of a franchise pursuant to this subsection at any time., and a franchising authority may, after affording the public adequate notice and opportunity for comment, grant or deny such proposal 'at any time (including after proceedings pursuant to this section . have commenced). The provisions of subsections (a) through {g) of this section shall not apply to a decision to grant or deny a proposal under this subsection. The denial of a renewal pursuant to this subsection shall not affect action on a renewal proposal that is submitted in accordance with subsections (aJthrough (g). (i) Notwithstanding the provisions of subsections (a) through (h). any lawful action to revoke a cable operator's franchise for cause shall not be negated by the subsequent initiation of renewal proceedings by the cable operator under this section.

293 ORDINANCE NO. _____

ORDINANCE OF THE TOWNSHIP OF WEST WHITELAND AUTHORIZING EXECUTION OF A CABLE FRANCHISE AGREEMENT BETWEEN THE TOWNSHIP AND VERIZON PENNSYLVANIA LLC

WHEREAS, the Franchisee is a “cable operator” and the Township is a “local franchising authority” in accordance with Title VI of the Communications Act (see 47 U.S.C. § 522(5), (10)) and the Township is authorized to grant one or more nonexclusive cable franchises to operate a Cable System within the Township pursuant to Title VI of the Communications Act;

WHEREAS, the Township granted to the Franchisee, effective as of December 12, 2006, a nonexclusive initial Franchise to install, maintain, extend, and operate a Cable System in the Township for a term of ten (10) years with an automatic renewal term of five (5) years (the “Initial Franchise”);

WHEREAS, the Franchisee has operated a Cable System in accordance with the Initial Franchise as of the Effective Date on its existing Telecommunications Facilities consisting of a Fiber to the Premises Telecommunications Network (“FTTP Network”) in the Township which also transmits Non-Cable Services pursuant to authority granted by applicable state law and Title II of the Communications Act, and which are not subject to Title VI of the Communications Act or this Agreement;

WHEREAS, the Franchisee has requested that the Township renew the Franchisee’s Franchise to provide Cable Service to residents of the Township;

WHEREAS, pursuant to and in accordance with applicable federal and state law, the Township undertook a process to determine whether it should renew the Initial Franchise and the terms for such a renewal;

WHEREAS, the Township has examined the past performance of the Franchisee and has identified the Township’s future cable-related needs and interests;

WHEREAS, following good faith negotiations between the parties, the Township and the Franchisee have agreed on the terms for a Franchise Renewal Agreement under which the Franchisee will continue to operate its Cable System in the Township; and

WHEREAS, the Township has determined that this Agreement and the process for consideration of this Agreement complies with all applicable federal, state and local laws and regulations.

NOW THEREFORE, BE IT ORDAINED that the Township Board of Supervisors does hereby approve the cable franchise agreement negotiated with the Franchisee, including all of the terms and conditions contained therein, and does hereby authorize the execution of such agreement.

ENACTED AND ORDAINED this ____ day of ______, 2021.

ATTEST: TOWNSHIP OF WEST WHITELAND

Chairman, Township Board of Supervisors

CABLE FRANCHISE RENEWAL AGREEMENT

BETWEEN

TOWNSHIP OF WEST WHITELAND

AND

VERIZON PENNSYLVANIA LLC

TOWNSHIP OF WEST WHITELAND

TABLE OF CONTENTS

---Page 1. DEFINITIONS ...... 2 2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS ...... 8 3. PROVISION OF CABLE SERVICE ...... 11 4. SYSTEM FACILITIES ...... 12 5. EG SERVICES ...... 13 6. FRANCHISE FEES ...... 15 7. CUSTOMER SERVICE ...... 17 8. REPORTS AND RECORDS ...... 17 9. INSURANCE AND INDEMNIFICATION ...... 18 10. TRANSFER OF FRANCHISE ...... 19 11. RENEWAL OF FRANCHISE ...... 20 12. ENFORCEMENT AND TERMINATION OF FRANCHISE ...... 20 13. MISCELLANEOUS PROVISIONS ...... 22

EXHIBIT A – MUNICIPAL BUILDINGS TO BE PROVIDED FREE CABLE SERVICE……………………………………………………….27

EXHIBIT B – CUSTOMER SERVICE STANDARDS………………………………………..28

THIS CABLE FRANCHISE RENEWAL AGREEMENT (the “Franchise” or “Agreement”) is entered into on this ______, 2021 (the “Effective Date” as set forth in Section 2.3) by and between the TOWNSHIP OF WEST WHITELAND, Chester County, a validly organized and existing political subdivision of the Commonwealth of Pennsylvania (the “Township”), and VERIZON PENNSYLVANIA LLC, a limited liability company duly organized under the applicable laws of the Commonwealth of Pennsylvania (the “Franchisee”).

WHEREAS, the Franchisee has requested that the Township renew the Franchisee’s Franchise to provide Cable Service to residents of the Township;

WHEREAS, the Township has examined the past performance of the Franchisee and has identified the Township’s future cable-related needs and interests;

WHEREAS, the Township has determined that this Agreement and the process for consideration of this Agreement complies with all applicable federal, state and local laws and regulations.

NOW, THEREFORE, in consideration of the Township’s grant of a renewal franchise to the Franchisee, the Franchisee’s promise to continue to provide Cable Service to residents of the Service Area pursuant to and consistent with the Communications Act (as hereinafter defined), pursuant to the terms and conditions set forth herein, the promises and undertakings herein, and

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other good and valuable consideration, the receipt and the adequacy of which are hereby acknowledged,

THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:

1. DEFINITIONS

Except as otherwise provided herein, the definitions and word usages set forth in the Communications Act (as hereinafter defined) are incorporated herein and shall apply in this Agreement. In addition, the following definitions shall apply:

1.1 Access Channel: A video Channel that Franchisee shall make available to the Township without charge for educational or governmental use for the transmission of video programming as directed by Township.

1.2 Affiliate: Any Person who, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control with, the Franchisee.

1.3 Basic Service: Any service tier that includes the retransmission of local television broadcast signals as well as the EG Channel(s) required by this Franchise.

1.4 Cable Service or Cable Services: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(6), as may be amended, which currently states: “the one-way transmission to subscribers of video programming or other programming service, and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.”

1.5 Cable System or System: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(7), as may be amended, which currently states “a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of 1 or more television broadcast stations; (B) a facility that serves subscribers without using any public right- of-way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of [Title II of this Act], except that such facility shall be considered a cable system (other than for purposes of section 621(c)to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with section 653 of this title; or (E) any facilities of any electric utility used solely for operating its electric utility system.” The Cable System shall be limited to the optical spectrum wavelength(s), bandwidth, or future technological capacity that is used for the transmission of Cable Services directly to Subscribers within the Township and shall not include the tangible network facilities of a common carrier subject in whole or in part to Title II of the Communications Act or of an Information Services provider.

1.6 Channel: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(4), as may be amended, which currently states “a portion

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of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation).”

1.7 Communications Act: The Communications Act of 1934, as amended.

1.8 Complaint: Any written communication, including electronic mail, by a Subscriber expressing dissatisfaction with any aspect of Franchisee’s Cable System or cable operations.

1.9 Control: The ability to exercise de facto or de jure control over day-to-day policies and operations or the management of the Franchisee’s affairs.

1.10 Customer Service Standards: The standards for customer service as set forth in Exhibit B.

1.11 Educational Access Channel: An Access Channel available for the use of the local schools in the Township.

1.12 EG: Educational or Governmental.

1.13 FCC: The United States Federal Communications Commission, or successor governmental entity thereto.

1.14 Fiber to the Premise Telecommunications Network (“FTTP Network”): The Franchisee’s network that transmits Non-Cable Services pursuant to the authority granted under the laws of the Commonwealth of Pennsylvania and under Title II of the Communications Act, which Non-Cable Services are not subject to Title VI of the Communications Act, and provides Cable Services from the operation of a Cable System.

1.15 Force Majeure: An event or events reasonably beyond the ability of the Franchisee to anticipate and control. This includes, but is not limited to the following: severe or unusual weather conditions, labor strikes, slowdowns, stoppages, and lockouts, war or act of war (whether an actual declaration of war is made or not), insurrection, riots, act of public enemy, including terrorist attacks, orders of the government of the United States or the Commonwealth of Pennsylvania, actions or inactions of any government instrumentality or public utility other than Franchisee (including condemnation to the extent not foreseeable), accidents for which the Franchisee is not responsible, fire, flood, or other acts of God, or work delays caused by waiting for utility providers to service or monitor utility poles to which the Franchisee’s FTTP Network is attached, and unavailability of materials and/or qualified labor to perform the work necessary to the extent that such unavailability of materials and/or qualified labor was reasonably beyond the ability of the Franchisee to foresee or control.

1.16 Franchisee: Verizon Pennsylvania LLC, and its lawful and permitted successors, assigns, and transferees.

1.17 Government Access Channel: An Access Channel available for the use of the Township for governmental purposes.

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1.18 Gross Revenue: All revenue, as determined in accordance with generally accepted accounting principles, which is derived by the Franchisee or its Affiliates, from the operation of the Cable System to provide Cable Service in the Township, including, but not limited to:

(1) Basic Service fees;

(2) fees charged to Subscribers for any service tier other than Basic Service;

(3) fees charged to Subscribers for premium Cable Services;

(4) fees for video-on-demand and pay-per-view;

(5) fees charged to Subscribers for any optional, per-channel or per-program Cable Services;

(6) revenue from the provision of any other Cable Services;

(7) charges for installation, additional outlets, relocation, disconnection, reconnection and change-in-service fees for video programming;

(8) fees for changing any level of Cable Service programming;

(9) fees for service calls;

(10) early termination fees (solely to the extent such early termination fee can be proportionately attributable to Cable Service);

(11) fees for leasing of Channels;

(12) rental of any and all Subscriber equipment, including digital video recorders, converters and remote control devices;

(13) advertising revenues (on a pro rata basis) as set forth herein;

(14) revenue from the sale or rental of Subscriber lists;

(15) revenues or commissions received from the carriage of home shopping channels (on a pro rata basis as set forth herein) subject to Section 1.18.5 below;

(16) fees for music services that are Cable Services over the Cable System;

(17) fees for DVR;

(18) regional sports programming fees;

(19) late payment fees;

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(20) NSF check charges;

(21) Franchise Fees for the provision of Cable Services over the Cable System in the Township; and

(22) foregone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value consistent with Section 1.18.8, below.

For the avoidance of doubt, advertising revenues shall include the amount of the Franchisee’s gross advertising revenue calculated in accordance with generally accepted accounting principles (i.e., without deducting commissions paid to independent third parties). Advertising and home shopping revenue, as described in Sections 1.18(13) and (15) above, is based upon the ratio of the number of Subscribers as of the last day of the period for which Gross Revenue is being calculated to the number of the Franchisee’s subscribers within all areas covered by the particular revenue source as of the last day of such period. By way of illustrative example, the Franchisee sells two ads: Ad “A” is broadcast nationwide; Ad “B” is broadcast only within Pennsylvania. The Franchisee has 100 Subscribers in the Township, 500 subscribers in Pennsylvania, and 1,000 subscribers nationwide. Gross Revenue as to the Township from Ad “A” is 10% of the Franchisee’s revenue therefrom. Gross Revenue as to the Township from Ad “B” is 20% of the Franchisee’s revenue.

Gross Revenue shall not include:

1.18.1 Revenues received by any Affiliate or other Person in exchange for supplying goods or services used by the Franchisee to provide Cable Service over the Cable System;

1.18.2 Bad debts written off by the Franchisee in the normal course of its business, provided, however, that bad debt recoveries shall be included in Gross Revenue during the period collected;

1.18.3 Refunds, rebates, or discounts made to Subscribers or other third parties;

1.18.4 Any revenues classified, in whole or in part, as Non-Cable Services revenue under federal or state law including, without limitation, revenue received from Telecommunications Services; revenue received from Information Services, including, without limitation, Internet Access service, electronic mail service, internet-derived electronic bulletin board service, or similar online computer services; charges made to the public for commercial or cable television that is used for two-way communication that are classified as Non-Cable Services; and any other revenues classified as Non-Cable Services in accordance with applicable laws or regulations;

1.18.5 Any revenue of the Franchisee or any other Person that is received directly from the sale of merchandise through any Cable Service distributed over the Cable System, notwithstanding that portion of such revenue which represents or can be attributed to a Subscriber

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fee or a payment for the use of the Cable System for the sale of such merchandise, which portion shall be included in Gross Revenue;

1.18.6 The sale of Cable Services on the Cable System for resale in which the purchaser is required to collect cable franchise fees from purchaser’s customer;

1.18.7 Any tax of general applicability imposed upon the Franchisee or upon Subscribers by a local, state, federal, or any other governmental entity and required to be collected by the Franchisee and remitted to the taxing entity (including, but not limited to, sales/use tax, gross receipts tax, excise tax, utility users tax, public service tax, communication taxes, and non-cable franchise fees);

1.18.8 Any forgone revenue that the Franchisee chooses not to receive in exchange for its provision of free or reduced cost cable or other communications services to any Person, including without limitation, employees of the Franchisee and public institutions or other institutions designated in the Franchise; provided, however, that such forgone revenue that the Franchisee chooses not to receive in exchange for trades, barters, services, or other items of value shall be included in Gross Revenue;

1.18.9 Sales of capital assets or sales of surplus equipment that are not deemed to be a Cable Service;

1.18.10 Program launch fees;

1.18.11 Directory or Internet advertising revenue including, but not limited to, yellow page, white page, banner advertisement, and electronic publishing; and

1.18.12 Any fees or charges collected from Subscribers or other third parties for any EG grant.

1.19 Information Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. §153(20), as may be amended in the future, which states “the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.”

1.20 Internet Access: Dial-up or broadband access service that enables Subscribers to access the Internet.

1.21 Non-Cable Services: Any service that is not a Cable Service as defined herein, including, but not limited to, Information Services and Telecommunications Services.

1.22 Normal Operating Conditions: Those service conditions that are within the control of the Franchisee. Those conditions that are not within the control of the Franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the Franchisee include, but are not limited to, special promotions, pay-per- TOWNSHIP OF WEST WHITELAND 6

view events, rate increases, regular peak or seasonal demand periods, and maintenance or rebuild of the Cable System. See 47 C.F.R. § 76.309(c)(4)(ii).

1.23 Person: An individual, partnership, association, joint stock company, trust, corporation, or governmental entity.

1.24 Public Rights-of-Way: The surface and the area across, in, over, along, upon, and below the surface of the public streets, roads, bridges, sidewalks, lanes, courts, ways, alleys, and boulevards, including public utility easements and public lands and waterways used as Public Rights-of-Way, as the same now or may thereafter exist, which are under the jurisdiction or control of the Township. Public Rights-of-Way do not include the airwaves above a right-of- way with regard to cellular or other non-wire communications or broadcast services.

1.25 Service Area: All portions of the Township where Cable Service is being offered.

1.26 Service Interruption: The loss of picture or sound on one or more cable channels.

1.27 Subscriber: A Person who lawfully receives Cable Service over the Cable System with the Franchisee’s express permission.

1.28 Telecommunications Facilities: Franchisee’s existing Telecommunications Services and Information Services facilities and its FTTP Network facilities.

1.29 Telecommunication Services: Shall be defined herein as it is defined under Section 3 of the Communications Act, 47 U.S.C. § 153(46), as may be amended in the future, which states “the offering of telecommunications for a fee directly to the public, or such classes of users as to be effectively available directly to the public, regardless of the facilities used.”

1.30 Title II: Title II of the Communications Act, Common Carriers, as amended, which governs the provision of Telecommunications Services.

1.31 Title VI: Title VI of the Communications Act, Cable Communications, as amended, which governs the provision of Cable Services by Franchisee.

1.32 Township: The incorporated area (entire existing territorial limits) of the Township and such additional areas as may be included in the corporate (territorial) limits of the Township during the term of this Franchise.

1.33 Transfer of the Franchise:

1.33.1 Any transaction in which:

1.33.1.1 the right, title, control or other interest in the Franchisee is transferred, directly or indirectly, from one Person or group of Persons to another Person or group of Persons, so that control of the Franchisee is transferred; or

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1.33.1.2 at least thirty percent (30%) of the equitable ownership of the Franchisee is transferred or assigned; or

1.33.1.3 the rights held by the Franchisee pursuant to this Agreement are transferred or assigned to another Person or group of Persons.

1.33.2 However, notwithstanding subsections 1.33.1.1, 1.33.1.2, and 1.33.1.3, a Transfer of the Franchise shall not include transfer of an ownership or other interest in the Franchisee to the parent of the Franchisee or to another Affiliate of the Franchisee; transfer of an interest in the Franchise or the rights held by the Franchisee under the Franchise to the parent of the Franchisee or to another Affiliate of the Franchisee; any action that is the result of a merger of the parent of the Franchisee; or any action that is the result of a merger of another Affiliate of the Franchisee.

1.34 Video Programming: Shall be defined herein as it is defined under Section 602 of the Communications Act, 47 U.S.C. § 522(20), which currently states programming provided by, or generally considered comparable to programming provided by a television broadcast station.

1.35 Video Service Provider or VSP: Any entity using wired facilities occupying a substantial portion of the Public Rights-of-Way as the primary means of delivery to provide Video Programming services to multiple subscribers within the territorial boundaries of the Township, for purchase, barter, or free of charge, regardless of the transmission method, facilities or technologies used. A VSP shall include, but is not limited to, any entity that provides Cable Services, Video Programming services or internet-protocol based services within the territorial boundaries of the Township.

2. GRANT OF AUTHORITY; LIMITS AND RESERVATIONS

2.1 Grant of Authority: Subject to the terms and conditions of this Agreement and applicable laws and regulations, the Township hereby grants to the Franchisee the right to own, construct, operate, and maintain a Cable System to provide Cable Services along the Public Rights-of-Way within the Township. No privilege or power of eminent domain is bestowed or waived by this grant. Furthermore, consistent with Section 2.2 below, the Township’s grant of authority to provide Cable Services pursuant to this Franchise does not include the authority to provide any Non-Cable Services.

2.2 Township’s Regulatory Authority: The parties recognize that the Franchisee’s FTTP Network has been constructed and is operated and maintained as an upgrade to and/or extension of its existing Telecommunications Facilities for the provision of Non-Cable Services. The jurisdiction of the Township over the Franchisee’s Telecommunications Facilities is governed by federal and state law, and the Township will not assert jurisdiction over the Franchisee’s FTTP Network in contravention of those laws. Therefore, as provided in Section 621 of the Communications Act, 47 U.S.C. § 541, the Township’s regulatory authority under Title VI of the Communications Act is not applicable to the construction, installation, maintenance, or operation of the Franchisee’s FTTP Network to the extent the FTTP Network is constructed, installed, maintained, or operated for the purpose of upgrading and/or extending Verizon’s existing

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Telecommunications Facilities for the provision of Non-Cable Services. This Agreement shall not be construed to limit whatever existing regulatory authority the Township may have under federal and state law with respect to the FTTP Network facilities.

2.3 Term: This Franchise shall become effective on ______, 2021 (the “Effective Date”). The term of this Franchise shall be five (5) years from the Effective Date until ______unless the Franchise is earlier terminated by Franchisee pursuant to the terms of Sections 2.4 or 2.5 of this Agreement or revoked by the Township pursuant to Section 12.4 of this Agreement.

2.4 Termination Generally: If, at any time during the renewal Term, Franchisee experiences a net decline of six percent (6%) or greater of its Subscribers in the Franchise Area in any prior twelve (12) month period (for purposes of clarification, any such twelve (12) month evaluation period shall not commence prior to the Effective Date), Franchisee shall thereafter have the right to terminate the Franchise upon twelve (12) months’ written notice to the Township.

2.5 Modification/Termination Based on VSP Requirements/Competitive Equity:

2.5.1 If there is a change in federal, state, or local law that reduces any material financial and/or operational obligation that the Township has required from or imposed upon a VSP, or if the Township enters into any franchise, agreement, license, or grant of authorization to a VSP to provide Video Programming services to residential subscribers in the Township and the agreement, license or grant of authorization, taken as a whole upon consideration of all of its material obligations, is less burdensome than those imposed by this Franchise, Franchisee and the Township shall, within sixty (60) days of the Township’s receipt of Franchisee’s written notice, commence negotiations to modify this Franchise to create reasonable competitive equity between Franchisee and such other VSPs.

2.5.2 Franchisee’s notice pursuant to Section 2.5.1. shall specify the change in law and the resulting change in obligations. Franchisee shall respond to reasonable information requests from the Township, as may be necessary to review the change in obligations resulting from the cited law.

2.6 Grant Not Exclusive: The Franchise and the rights granted herein to use and occupy the Public Rights-of-Way to provide Cable Services shall not be exclusive, and the Township reserves the right to grant other franchises for similar uses or for other uses of the Public Rights-of-Way, or any portions thereof, to any Person, or to make any such use itself, at any time during the term of this Franchise. Any such rights that are granted shall not materially interfere with existing facilities of the Cable System or the Franchisee’s FTTP Network.

2.7 Franchise Subject to Federal, State, and Local Law: Notwithstanding any provision to the contrary herein, this Franchise is subject to and shall be governed by all applicable provisions of federal, state, and local laws and regulations.

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2.8 No Waiver:

2.8.1 The failure of the Township on one or more occasions to exercise a right or to require compliance or performance under this Franchise, the Communications Act, or any other applicable state or federal law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance by the Township, nor to excuse the Franchisee from complying or performing, unless such right or such compliance or performance has been specifically waived in writing.

2.8.2 The failure of the Franchisee on one or more occasions to exercise a right under this Franchise or applicable law, or to require performance under this Franchise, shall not be deemed to constitute a waiver of such right or of performance of this Agreement, nor shall it excuse the Township from performance, unless such right or performance has been specifically waived in writing.

2.9 Construction of Agreement:

2.9.1 The provisions of this Franchise shall be liberally construed to effectuate their objectives.

2.9.2 Nothing herein shall be construed to limit the scope or applicability of Section 625 Communications Act, 47 U.S.C. § 545.

2.9.3 Should any change to federal or state law have the lawful effect of materially altering the terms and conditions of this Agreement making it commercially impracticable for Franchisee to continue the provision of Cable Services in the Township, then the parties shall modify this Franchise to the mutual satisfaction of both parties to ameliorate the negative effects on the Franchisee and the Township of the material alteration. Any modification to this Franchise shall be in writing and signed by both parties. If the parties cannot reach agreement on the above-referenced modification to the Franchise, then upon either party’s initiative, the parties agree to submit the matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

2.10 Police Powers: Nothing in this Franchise shall be construed to prohibit the reasonable, necessary, and lawful exercise of the police powers of the Township. The Township shall not subject the Franchisee to any ordinances or regulations that are that are in conflict with this Franchise.

2.11 Compliance with Federal and State Privacy Laws: Franchisee shall comply with the privacy provisions of Section 631 of the Communications Act, 47 U.S.C. §551, and all other applicable federal and state privacy laws and regulations. The parties agree that, during the term hereof, Franchisee shall not be subject to any local laws or ordinances which, directly or indirectly, conflict with or exceed the scope of such applicable federal and/or state privacy laws.

2.12 Permits: Nothing herein shall be construed to limit the Township’s lawful authority to require permits and applicable fees for certain activities in the Public Rights-of-Way;

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provided, however, that the Franchisee shall not be required to obtain permits for Cable Service drops for individual Subscribers.

3. PROVISION OF CABLE SERVICE

3.1 Service Area:

3.1.1 Service Area: Subject to the issuance of all necessary permits by the Township, the Franchisee shall offer Cable Service to all residential households in the Service Area and may make Cable Service available to businesses in the Service Area, except: (A) for periods of Force Majeure; (B) for periods of unreasonable delay caused by the Township; (C) for periods of delay resulting from the Franchisee’s inability to obtain authority to access rights-of- way in the Service Area; (D) in areas where developments, buildings or other residential dwelling units are subject to claimed exclusive arrangements with other providers; (E) in areas, developments, buildings or other residential dwelling units where the Franchisee cannot gain access under reasonable terms and conditions after good faith negotiation, as reasonably determined by the Franchisee; (F) in areas, developments, buildings or other residential dwelling units where the Franchisee is unable to provide Cable Service for technical reasons or which require non-standard facilities which are not available on a commercially reasonable basis, including, but not limited to, circumstances where the Franchisee cannot access the areas, developments, buildings or other residential dwelling units by using the Franchisee’s existing network pathways and which would thus require the construction of new trunk, feeder, or distribution lines; (G) in areas where the occupied residential household density does not meet the density requirements set forth in subsection 3.1.1.1; and (H) in areas, developments, buildings or other residential dwelling units that are not habitable or have not been constructed as of the Effective Date.

3.1.1.1 Density Requirement: Subject to Section 3.1.1, above, the Franchisee shall make Cable Services available to residential dwelling units in all areas of the Township where the minimum density is thirty (30) occupied residential dwelling units per mile as measured in strand footage from the nearest technically feasible point on the active FTTP Network trunk or feeder line.

3.2 Availability of Cable Service: Franchisee shall make Cable Service available to all residential dwelling units and may make Cable Service available to businesses within the Service Area in conformance with Section 3.1, the Franchisee shall not discriminate between or among any individuals in the availability of Cable Service. In the areas in which the Franchisee shall provide Cable Service, the Franchisee shall be required to connect, at the Franchisee’s expense, other than a standard installation charge, all residential dwelling units that are within two hundred (200) feet of trunk or feeder lines not otherwise already served by the Franchisee’s FTTP Network. The Franchisee shall be allowed to recover, from a Subscriber that requests such connection, no more than the actual costs incurred in excess of two hundred (200) feet for residential dwelling unit connections that exceed two hundred (200) feet and actual costs incurred to connect any non-residential dwelling unit Subscriber.

3.3 Cable Service to Public Buildings: If there is final determination or ruling of any agency or court having jurisdiction, after exhaustion of all appeals related thereto, that the TOWNSHIP OF WEST WHITELAND 11

provision of free or discounted Cable Service to public buildings pursuant to a cable franchise should no longer be included in the calculation of franchise fees subject to the five percent (5%) statutory cap under the Communications Act, then, subject to Section 3.1 if requested by the Township pursuant to written notice to Franchisee, Verizon shall provide, without charge, one service outlet activated for Basic Service to the following:

3.3.1 Each current municipal building, fire station, and public library as may be designated by the Township in Exhibit A; provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such public building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such public building. Furthermore, Franchisee shall be permitted to recover, from any public building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed.

3.3.2 Each public K-12 school, and each non-public K-12 school that (a) receives funding pursuant to Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 6301 et seq. and (b) is considered a Non-public, Non-Licensed Schools under the Pennsylvania Private Academic Schools Act, 24 P.S. §§ 6702-6721, located in the Township, as may be designated by the Township in Exhibit A; provided, however, that Franchisee shall not be obligated to provide any service outlets activated for Basic Service to home schools; also provided, however, that if it is necessary to extend Franchisee’s trunk or feeder lines more than two hundred (200) feet solely to provide service to any such school building, the Township shall have the option either of paying Franchisee’s direct costs for such extension in excess of two hundred (200) feet, or of releasing Franchisee from the obligation to provide service to such school building. Furthermore, Franchisee shall be permitted to recover, from any school building owner entitled to free service, the direct cost of installing, when requested to do so, more than one outlet, or concealed inside wiring, or a service outlet requiring more than two hundred (200) feet of drop cable; provided, however, that Franchisee shall not charge for the provision of Basic Service to the additional service outlets once installed.

4. SYSTEM FACILITIES

4.1 Technical Requirement: The Cable System shall meet or exceed any and all applicable technical performance standards of the FCC, the National Electrical Safety Code, the National Electric Code and any other applicable federal laws and the laws of the Commonwealth of Pennsylvania, to the extent not in conflict with federal law and regulations.

4.2 System Characteristics: The Franchisee’s Cable System shall meet or exceed the following requirements:

4.2.1 The Cable System shall be operated with operated with an initial digital carrier passband between 57 and 861 MHz.

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4.2.2 The Cable System shall be operated as an active two-way system that allocates sufficient portion of said bandwidth to deliver reliable two-way Cable Services.

4.2.3 The Cable System must conform to all applicable FCC technical performance standards, as amended from time to time, and any other future applicable technical performance standards, and shall comply with all technical standards of the following:

4.2.3.1 National Electrical Code (NEC);

4.2.3.2 National Electrical Safety Code (NESC).

4.3 Interconnection: The Franchisee shall operate its Cable System so that it may be interconnected with other cable systems in the Township. Interconnection of systems may be made by direct cable connection, microwave link, satellite, or other appropriate methods.

4.4 No Interference: The Cable System shall be operated in such a manner as to comply with all applicable FCC requirements regarding (i) consumer electronic equipment and (ii) interference with the reception of off-the-air signals of licensed FCC operators.

4.5 Standby Power: The System shall incorporate equipment capable of providing standby powering of the System.

4.6 Emergency Alert System: The Franchisee shall comply with the applicable requirements of the FCC with respect to the operation of an Emergency Alert System (“EAS”) requirements of the FCC and applicable state and local EAS plans in order that emergency messages may be distributed over the Cable System.

5. EG SERVICES

5.1 EG Set Aside; Interconnection:

5.1.1 In order to ensure universal availability of Educational and Government Access programming, Franchisee shall reserve on the Basic Service Tier capacity for the use of one (1) dedicated Educational Access Channel and one (1) dedicated Government Access Channel (collectively, “EG Channels”) for exclusive use by the Township or its designee. The Township will comply with all laws and regulations related to use of the EG Channels. The parties agree that Franchisee shall retain the right to utilize all such reserved EG Channel capacity, in its sole discretion, during the Term of this Franchise until such time as the Township begins using the EG Channel pursuant to Section 5.1.2 for educational and/or governmental purposes and/or if the Township ceases to use the Access Channel(s) during the term of this Agreement.

5.1.2 The Township reserves the right to obtain from the Franchisee, upon one hundred and twenty (120) days written notice, one EG Channel for exclusive use by the Township. Such notification shall constitute authorization to the Franchisee to transmit such programming within and without the Township. The Franchisee shall assign the EG Channel number to the extent such channel number assignments do not interfere with the Franchisee’s existing or planned channel number line-up and contractual obligations, provided it is understood that the Franchisee specifically reserves the right to make such assignments in its sole discretion. TOWNSHIP OF WEST WHITELAND 13

The EG Channel shall be used for community programming related to educational and/or governmental activities. The Township shall have complete control over the content, scheduling, and administration of the EG Channel and may delegate such functions, or a portion of such functions, to an appropriate designee. The Franchisee shall not exercise any editorial control over EG Channel programming. If an EG Channel provided under this Article is not being utilized by the Township, the Franchisee may utilize such EG Channel, in its sole discretion, after receiving written approval by the Township until such time as the Township elects to utilize the EG Channel for its intended purpose. In the event that the Township decides to exercise its right to use EG capacity, the Township shall provide the Franchisee with ninety (90) days’ prior written notice of such request.

5.1.3 The Township shall comply with the law regarding the non- commercial use of EG Channels.

5.2 The Township and/or its designee shall be solely responsible for operating its switching equipment and the picture and audio quality of all EG Channel programming up to the demarcation points and for ensuring all EG Channel programming is inserted on the appropriate upstream EG Channel. All EG Channel programming shall be transmitted to the Franchisee in baseband or SD-SDI format with either mono or stereo audio signals, and with signals received by Franchisee in stereo cablecast by Franchisee in stereo. Notwithstanding the foregoing, the Franchisee shall not be obligated to provide the Township or its designee with either cablecast equipment and facilities or the personnel responsible for maintaining and operating equipment and facilities on the Township’s side of the demarcation point and used to generate or administer any EG Channel access signals, except as necessary to implement the Franchisee’s responsibilities specified herein. The Township and the Franchisee shall work together in good faith to resolve any connection issues. If the Township issues a franchise to, or renews a franchise with, a competing VSP, the competing VSP may not connect its system to Franchisee’s System for the purposes of obtaining EG Channel programming from the EG Channels transmitted on Franchisee’s System without Franchisee’s prior written consent.

5.2.1 Franchisee may, in its sole discretion, use reasonable efforts to interconnect its Cable System with the existing cable operator(s). If interconnection is pursued, Franchisee may, in its sole discretion, use reasonable efforts to interconnect its Cable System with the existing cable operator(s). If interconnection is pursued, for purposes of providing EG Channels, no earlier than twelve (12) months after written notice by the Township to activate an EG channel, the Township may require the Franchisee to provide a video link, without charge to the Township, to a location within the Township where EG Access programming is originated for the purpose of cablecasting EG programming; provided, however, that the Franchisee shall not be obligated to provide the Township with either cablecast equipment and facilities or personnel responsible for maintaining and operating such equipment and facilities or generating any such EG programming.

5.3 Indemnity for EG: The Township shall require all local producers and users of any of the EG facilities or Channels to agree in writing to authorize the Franchisee to transmit programming consistent with this Agreement and to defend and hold harmless the Franchisee and the Township from and against any and all liability or other injury, including the reasonable cost of defending claims or litigation, arising from or in connection with claims regarding an EG TOWNSHIP OF WEST WHITELAND 14

programming facility, not including the actual FTTP Network, or Channel or EG Channel programming, including claims for failure to comply with applicable federal laws, rules, regulations or other requirements of local, state, or federal authorities; for claims of libel, slander, invasion of privacy, or the infringement of common law or statutory copyright; for unauthorized use of any trademark, trade name, or service mark; for breach of contractual or other obligations owing to third parties by the producer or user; and for any other injury or damage in law or equity. The Township shall establish rules and regulations for use of EG facilities, consistent with, and as required by, Section 611 of the Communications Act, 47 U.S.C. § 531. Notwithstanding the foregoing, the Township shall not indemnify the Franchisee for any damages, liability, or claims resulting from acts of willful misconduct or negligence of the Franchisee, its officers, employees, or agents.

5.3.1 Recovery of Costs: The Franchisee shall be allowed to recover any costs arising from the provision of EG services as set forth in 47 U.S.C. § 622, and to include such costs as a separately billed line item on each Subscriber’s bill. Without limiting the foregoing, if allowed under state and federal laws, Franchisee may externalize, line-item, or otherwise pass- through interconnection costs to Subscribers.

6. FRANCHISE FEES

6.1 Payment to the Township: The Franchisee shall pay to the Township a franchise fee of five percent (5%) of annual Gross Revenue. In accordance with Title VI of the Communications Act, the twelve (12) month period applicable under the Franchise for the computation of the Franchise fee shall be a calendar year. Such payments shall be made no later than forty-five (45) days following the end of each calendar quarter. Specifically, payments shall be due and payable on or before May 15 (for the first quarter), August 15 (for the second quarter), November 15 (for the third quarter), and February 15 (for the fourth quarter). In the event that any Franchise Fee payment is not made on or before the applicable dates, then interest shall be added at the rate of six percent (6%) of the amount of Franchise Fee revenue due to the Township. No acceptance of any payment shall be construed as an accord that the amount paid is the correct amount. The Franchisee shall be allowed to submit or correct any payments that were incorrectly omitted, and shall credit any payments that were incorrectly submitted, in connection with the quarterly Franchise Fee remittances within ninety (90) days following the close of the calendar year for which such payments were applicable. If the Township issues or renews any cable franchise(s) after the Effective Date that provide(s) for a lower percentage of a Franchise Fee, then the percentage of the Franchisee’s Franchise Fee payments shall be immediately thereafter reduced to match such lower percentage over that same time period.

6.2 Supporting Information: Each Franchise Fee payment shall be accompanied by a brief report that provides line items for revenue sources and the amount of revenue received from each source and is verified by a financial manager of the Franchisee showing the basis for the computation.

6.3 Limitation on Franchise Fee Actions: The parties agree that the period of limitation for recovery of any Franchise Fee payable hereunder shall be forty-eight (48) months from the date on which the applicable payment by the Franchisee is due.

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6.4 Audits:

6.4.1 The Township may audit or conduct a Franchise Fee review of the Franchisee’s books and records pertaining directly to the Franchisee’s payment of Franchise Fees in the Township no more than once every three (3) years during the Term. Any audit shall be initiated through written notice to the Franchisee by the Township, and the Township or any auditor employed by the Township shall submit its complete request for records within sixty (60) days of the Township’s notice; provided, however, that the parties shall work cooperatively on an ongoing basis during the audit review in the event the Township or its designated auditor identifies reasonable follow-up records requests to the extent necessary to complete the audit. Subject to the confidentiality provisions of Section 8.1, and execution of a non-disclosure agreement with the Township or an auditor employed by the Township, all records reasonably necessary for any such audit shall be made available by the Franchisee to the Township, in accordance with Section 8.1 hereof, at a designated office of the Franchisee or such other location in the eastern region of the Commonwealth of Pennsylvania mutually agreed upon by the parties.

6.4.2 The Franchisee shall provide the records reasonably necessary for the audit and requested by the Township in a timely manner. Any such audit conducted by the Township or auditor employed by the Township shall be completed in a timely manner. If upon completion of the audit, the Township does not make a claim for additional payments, then the Township shall provide the Franchisee with written documentation of closure of the audit. The Township’s claim for additional Franchise Fee payments or its written notice of the audit closure shall be provided to the Franchisee within sixty (60) days from the date on which the audit is completed by the Township or its auditor in accordance subsection 6.4.1, above, or by such other date as is mutually agreed to by the parties.

6.4.3 Each party shall bear its own costs of an audit; provided, however, that if the results of any audit indicate that the Franchisee underpaid the Franchise Fees by five percent (5%) or more, then the Franchisee shall pay the reasonable, documented, out-of-pocket costs of the audit up to three thousand dollars ($3,000).

6.4.4 If the results of an audit indicate an underpayment of franchise fees, the parties agree that such underpayment shall be remitted to the Township within forty-five (45) days; provided, however, that the Franchisee shall be required to remit underpayments to the Township together with interest at six percent (6%) of the amount correctly due from the date such underpayment would have been due.

6.4.5 Any entity employed by the Township that performs the audit or franchise fee review shall be a professional firm with recognized expertise in auditing franchise fees and shall not be permitted to be compensated on a success-based formula e.g. payment based on an underpayment of fees, if any.

6.5 Bundled Services: If Cable Services are provided to Subscribers in conjunction with Non-Cable Services, then the calculation of Gross Revenues shall be adjusted, if needed, to include only the value of the Cable Services billed to Subscribers, as reflected on the books and records of the Franchisee in accordance with FCC rules, regulations, standards, or

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orders. Franchisee agrees that it will not intentionally or unlawfully allocate such revenue for the purpose of evading payments under this Franchise. The parties agree that tariffed Telecommunications Services that cannot be discounted by state or federal law or regulation are to be excluded from the bundled discount allocation basis.

7. CUSTOMER SERVICE

Customer Service Requirements are set forth in Exhibit B. Such Requirements may be amended by written consent of the parties.

8. REPORTS AND RECORDS

8.1 Open Books and Records: Upon thirty (30) days’ written notice to the Franchisee, the Township shall have the right to inspect the Franchisee’s books and records pertaining to this Agreement or the Franchisee’s provision of Cable Service in the Township at any time during Franchisee’s regular business hours as are reasonably necessary to ensure compliance with the terms of this Franchise. Such notice shall specifically reference the section or subsection of the Franchise that is under review, so that the Franchisee may organize the necessary books and records for appropriate access by the Township. The books and records to be made available for inspection by the Township shall be made available for inspection at a designated office of the Franchisee or such other location in the eastern region of the Commonwealth of Pennsylvania mutually agreed upon by the parties. The Franchisee shall not be required to maintain any books and records for Franchise compliance purposes longer than forty- eight (48) months. Notwithstanding anything to the contrary set forth herein, the Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor disclose any of its or an Affiliate’s books and records not relating to this Agreement or to the provision of Cable Service in the Township. If the Franchisee claims any information to be proprietary or confidential, it shall identify the information and provide an explanation as to the reason it is claimed to be confidential or proprietary. The Township shall treat any information disclosed by the Franchisee as confidential so long as it is permitted to do so under applicable law, and shall only disclose it to employees, representatives, and agents thereof that have a need to know, or in order to enforce the provisions hereof. The Franchisee shall not be required to provide Subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. § 551.

8.2 Records Required: The Franchisee shall at all times maintain the following, which may be inspected pursuant to Section 8.1 above:

8.2.1 Records of all Complaints for a period of forty-eight (48) months after receipt by the Franchisee. Complaints recorded will not be limited to complaints requiring an employee service call;

8.2.2 Records of Significant Outages (as defined in the Customer Service Standards attached as Exhibit B) for a period of forty-eight (48) months after occurrence, indicating date, duration, area, and the number of Subscribers affected, type of outage, and cause;

8.2.3 Records of service calls for repair and maintenance for a period of forty-eight (48) months after resolution by the Franchisee, indicating the date and time service was

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required, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was resolved; and

8.2.4 Records of installation/reconnection and requests for service extension for a period of forty-eight (48) months after the request was fulfilled by the Franchisee, indicating the date of request, date of acknowledgment, and the date and time service was extended.

9. INSURANCE AND INDEMNIFICATION

9.1 Insurance:

9.1.1 The Franchisee shall maintain in full force and effect, at its own cost and expense, during the Franchise term, the following insurance coverage:

9.1.1.1 Commercial General Liability Insurance in the amount of three million dollars ($3,000,000) per occurrence for property damage and bodily injury. Such insurance shall cover the construction, operation, and maintenance of the Cable System, and the conduct of the Franchisee’s Cable Service business in the Township.

9.1.1.2 Automobile Liability Insurance in the amount of one million dollars ($1,000,000) combined single limit each accident for bodily injury and property damage coverage.

9.1.1.3 Workers’ Compensation Insurance meeting all legal requirements of the Commonwealth of Pennsylvania and Employers’ Liability Insurance in the following amounts: (A) Bodily Injury by Accident: one hundred thousand dollars ($100,000); and (B) Bodily Injury by Disease: one hundred thousand dollars ($100,000) employee limit; five hundred thousand dollars ($500,000) disease policy limit.

9.1.2 The Township shall be included as an additional insured as its interest may appear under this Franchise on Commercial General Liability and Automobile Liability insurance policies.

9.1.3 Upon receipt of notice of cancellation from its insurer, the Franchisee shall provide the Township with thirty (30) days’ prior written notice of such cancellation.

9.1.4 Each of the required insurance policies shall be with insurers qualified to do business in the Commonwealth of Pennsylvania, with an A-VII or better rating for financial condition and financial performance by Best’s Key Rating Guide, Property/Casualty Edition.

9.1.5 Upon written request, the Franchisee shall deliver to the Township Certificates of Insurance showing evidence of the required coverage.

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9.2 Indemnification:

9.2.1 The Franchisee agrees to indemnify, save and hold harmless, and defend the Township, its elected and appointed officials, officers, agents, boards, and employees, from and against any and all claims for injury, loss, liability, cost or expense arising in whole or in part from, incident to, or connected with any act or omission of the Franchisee, its officers, agents, or employees, including the acts or omissions of any contractor or subcontractor of the Franchisee, arising out of the construction, operation, upgrade, or maintenance of its Cable System. The obligation to indemnify, save, hold harmless and defend the Township shall include the obligation to pay judgments, injuries, liabilities, damages, penalties, expert fees, court costs and Franchisee’s own attorney’s fees. The Township shall give the Franchisee timely written notice of the Township’s request for indemnification within (a) thirty (30) days of receipt of a claim or action pursuant to this subsection or (b) ten (10) days following service of legal process on the Township or its designated agent of any action related to this subsection. The Township agrees that it will take all necessary action to avoid a default judgment. Notwithstanding the foregoing, the Franchisee shall not indemnify the Township for any damages, liability, or claims resulting from, and Township shall be responsible for, Township’s own acts of willful misconduct, the Township’s breach of obligation under the Franchise, or negligence of the Township, or its elected and appointed officials, officers, agents, boards, and employees.

9.2.2 With respect to the Franchisee’s indemnity obligations set forth in subsection 9.2.1, the Franchisee shall provide the defense of any claims brought against the Township by selecting counsel of the Franchisee’s choice to defend the claim, subject to the consent of the Township, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the Township from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided however, that after consultation with the Township, the Franchisee shall have the right to defend, settle, or compromise any claim or action arising hereunder, and the Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement include the release of the Township, and the Township does not consent to the terms of any such settlement or compromise, the Franchisee shall not settle the claim or action, but its obligation to indemnify the Township shall in no event exceed the amount of such settlement.

10. TRANSFER OF FRANCHISE

Transfer: Subject to Section 617 of the Communications Act, 47 U.S.C. § 537, and applicable federal regulations, no Transfer of the Franchise shall occur without the prior consent of the Township, provided that such consent shall not be unreasonably conditioned or withheld. No such consent shall be required, however, for a transfer in trust, by mortgage, by other hypothecation, by assignment of any rights, title, or interest of the Franchisee in the Franchise or Cable System in order to secure indebtedness, or for transactions otherwise excluded under Section 1.33 above.

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11. RENEWAL OF FRANCHISE

The Township and the Franchisee agree that any proceedings undertaken by the Township that relate to the renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Communications Act, 47 U.S.C. § 546.

12. ENFORCEMENT AND TERMINATION OF FRANCHISE

12.1 Notice of Non-Compliance: If at any time the Township believes that the Franchisee has not complied with the terms of the Franchise, the Township shall informally discuss the matter with the Franchisee. If these discussions do not lead to resolution of the problem in a reasonable time, the Township shall then notify the Franchisee in writing of the exact nature of the alleged noncompliance (for purposes of this Article, the “Noncompliance Notice”). If the Township does not notify the Franchisee of any alleged noncompliance, it shall not operate as a waiver of any rights of the Township hereunder or pursuant to applicable law.

12.2 Franchisee’s Right to Cure or Respond: The Franchisee shall have thirty (30) days from receipt of the Noncompliance Notice to: (i) respond to the Township in writing, if Franchisee contests (in whole or in part) the assertion of noncompliance; (ii) cure such noncompliance; or (iii) in the event that, by its nature, such noncompliance cannot be cured within such thirty (30) day period, initiate reasonable steps to remedy such noncompliance, diligently pursue such remedy to completion, and notify the Township of the steps being taken and the date by which they are projected to be completed. Upon cure of any noncompliance, the Township shall provide written confirmation that such cure has been effected.

12.3 Liquidated Damages: After the time period set forth in Sections 12.1-12.2 above, in the event that the Township finds that an alleged noncompliance continues to exist and that the Franchisee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation, the Franchisee agrees that the Township may recover liquidated damages from the Franchisee in the amounts set forth below following the notice and opportunity to cure provisions set forth in Sections 12.1-12.2 above; provided, however, that if the Franchisee disputes the assessment of any liquidated damages hereunder, the Franchisee may request and the Township agrees to schedule a public hearing with regard to such dispute. Following the notice and opportunity to cure periods in Sections 12.1-12.2 above, the Township shall provide the Franchisee with written notice that it intends to elect the liquidated damage remedies set forth herein. If the Township elects to recover liquidated damages for any item set forth in this Section 12.3 (including customer service violations), the Township agrees that such recovery shall be its exclusive remedy for the time period in which liquidated damages are assessed; provided, however, once the Township has ceased to assess its liquidated damages remedy as set forth in Section 12.3.2, it may pursue other available remedies.

12.3.1 Pursuant to Section 12.2, the following monetary damages shall apply:

For failure to provide Cable Service as set forth in Sections 3.1-3.3...... $150/day for each day the violation continues;

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For failure to maintain the FCC technical standards as set forth in Section 4 ...... $150/day for each day the violation continues; For failure to provide EG Services to the community specified in Section 5.1…………………………………….. $150/day for each day the violation continues; For failure to comply with Franchise Fee audit requirements as set forth in Section 6.4…………………………………$150/day for each day the violation continues; For failure to provide the Township with any reports or records required by the Agreement within the time period required ...... $150/day for each day the violation continues; For failure to meet customer service requirements with regard to Sections 2, 3, and 4 of the Customer Service Standards set forth in Exhibit B ...... $450 for each quarter in which such standards were not met; For failure to carry the insurance specified in Section 10.1.1...... $150/day for each day the violation continues; and For a Transfer specified in Section 11 without required approval...... $150/day for each day the violation continues.

12.3.2 The amount of all liquidated damages per annum shall not exceed fifteen thousand dollars ($15,000) in the aggregate. All similar violations or failures from the same factual events affecting multiple subscribers shall be assessed as a single violation, and a violation or a failure may only be assessed under any one of the above-referenced categories. Violations or failures shall not be deemed to have occurred or commenced until they are not cured as provided in Section 12.

12.3.3 Except as otherwise provided herein, any liquidated damages assessed pursuant to this section shall not be a limitation upon any other provisions of this Franchise and applicable law, including revocation.

12.4 Additional Enforcement Measures: Subject to applicable federal, state and local law, in the event the Township determines that the Franchisee is in default of any provision of this Franchise, the Township may:

12.4.1 Commence an action at law for monetary damages or seek other equitable relief; or

12.4.2 In the case of a substantial noncompliance with a material provision of this Franchise, seek to revoke the Franchise in accordance with Section 12.5 below.

12.5 Revocation: Should the Township seek to revoke this Agreement, and the Township chooses not to impose liquidated damages or ceases to impose liquidated damages, the TOWNSHIP OF WEST WHITELAND 21

Township shall give written notice to the Franchisee of such intent. The notice shall set forth the specific nature of the noncompliance. The Franchisee shall have sixty (60) days from receipt of such notice to object in writing and to state its reasons for such objection. In the event the Township has not received a satisfactory response from the Franchisee, it may then seek termination of this Agreement at a public hearing. The Township shall cause to be served upon the Franchisee, at least thirty (30) days prior to such public hearing, a written notice specifying the time and place of such hearing.

12.5.1 At any designated public hearing at which the Township has informed the Franchisee that revocation is a possible consequence in accordance with the written notice requirements, the Franchisee shall be provided a fair opportunity for full participation, including the rights to be represented by legal counsel, to introduce relevant evidence, and to require the production of evidence. A complete verbatim record and transcript shall be made of such hearing at the Franchisee’s sole cost and expense.

12.5.2 Following the public hearing, the Franchisee shall be provided up to thirty (30) days to submit its proposed findings and conclusions to the Township in writing, and thereafter the Township shall provide a written determination to the Franchisee setting forth: (i) whether an event of default has occurred under this Agreement; (ii) whether such event of default is excusable; and (iii) whether such event of default has been cured by the Franchisee. The Township shall also determine whether it will revoke the Franchise based on the information presented or, in the discretion of the Township, grant additional time to the Franchisee to effect any cure. If the Township determines that it will revoke the Franchise, the Township shall promptly provide the Franchisee with a written determination setting forth the Township’s reasoning for such revocation. The Franchisee may appeal such written determination of the Township to an appropriate court of competent jurisdiction, which will have the power to review the determination of the Township consistent with applicable law. Franchisee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within the time frame permitted by law.

13. MISCELLANEOUS PROVISIONS

13.1 Actions of Parties: In any action by the Township or the Franchisee that is mandated or permitted under the terms hereof, such party shall act in a reasonable, expeditious, and timely manner.

13.2 Binding Acceptance: This Agreement shall bind and benefit the parties hereto and their respective receivers, trustees, successors, and assigns.

13.3 Force Majeure: The Franchisee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by a Force Majeure.

13.3.1 Good Faith Error: The parties hereby agree that it is not the Township’s intention to subject the Franchisee to penalties, fines, forfeitures, or revocation of the

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Franchise for violations of the Agreement where the violation was a good faith error that resulted in no or minimal negative impact on Subscribers.

13.4 Delivery of Payments: The Franchisee may use electronic funds transfer to make any payments to the Township required under this Agreement.

13.5 Notices: Unless otherwise expressly stated herein, notices required under the Franchise shall be mailed first class, postage prepaid, to the addressees below. Each party may change its designee by providing written notice to the other party.

13.5.1 Notices to the Franchisee shall be mailed to:

President Verizon Pennsylvania LLC 900 Race Street, 6th Floor Philadelphia, PA 19107

With a copy to:

Verizon Legal Department 140 West Street, 6th Floor New York NY 10007 Attention: Monica Azare, Vice President and Deputy General Counsel

13.5.2 Notices to the Township shall be mailed to:

West Whiteland Township 101 Commerce Drive Exton, PA 19341 Attention: Township Manager

With a copy to:

Cohen Law Group 413 S. Main Street Pittsburgh, PA 15215

13.6 Entire Agreement: This Franchise and the Exhibits hereto constitute the entire agreement between the Franchisee and the Township and supersedes all prior or contemporaneous agreements, representations, or understanding (whether written or oral) of the parties regarding the subject matter hereof. Any lawful ordinances or parts of ordinances related to the provision of Cable Services over the Cable System in the Township that conflict with the provisions of this Agreement are superseded by this Agreement.

13.7 Amendments: Amendments to this Agreement shall be mutually agreed to in writing by the parties.

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13.8 Captions: The captions and headings of articles and sections throughout this Agreement are intended solely to facilitate reading and reference to the sections and provisions of this Agreement. Such captions shall not affect the meaning or interpretation of this Agreement.

13.9 Severability: If any section, subsection, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, subsection, sentence, paragraph, term, or provision hereof, all of which will remain in full force and effect for the term of the Franchise.

13.10 Recitals: The recitals set forth in this Agreement are incorporated into the body of this Agreement as if they had been originally set forth herein.

13.11 FTTP Network Transfer Prohibition: Under no circumstance including, without limitation, upon expiration, revocation, termination, denial of renewal of the Franchise, or any other action to forbid or disallow the Franchisee from providing Cable Services, shall the Franchisee or its assignees be required to sell any right, title, interest, use, or control of any portion of the Franchisee’s FTTP Network including, without limitation, the Cable System and any capacity used for Cable Service or otherwise, to the Township or any third party. The Franchisee shall not be required to remove the FTTP Network or to relocate the FTTP Network or any portion thereof as a result of revocation, expiration, termination, denial of renewal, or any other action to forbid or disallow the Franchisee from providing Cable Services. This provision is not intended to contravene leased access requirements under Title VI or EG requirements set out in this Agreement.

13.12 Publishing Information: The Township hereby requests that the Franchisee omit publishing information specified in 47 C.F.R. § 76.952 from Subscriber bills.

13.13 Parental Control: The Franchisee shall comply with all applicable requirements of federal law(s) governing Subscribers’ capability to control the reception of any channels being received on their television sets.

13.14 Independent Review: The Township and the Franchisee each acknowledge that they have received independent legal advice in entering into this Agreement. In the event that a dispute arises over the meaning or application of any term(s) of this Agreement, such term(s) shall not be construed by the reference to any doctrine calling for ambiguities to be construed against the drafter of the Agreement.

13.15 If the Township exercises its reasonable, necessary, and lawful police power rights and such exercise results in a material alteration of the terms and conditions of this Agreement that makes it commercially impracticable for Franchisee to continue the provision of Cable Services in the Township, then the parties shall modify this Agreement to the mutual satisfaction of both parties to ameliorate the negative effects of the Township’s exercise of its police power rights on the Franchisee. Any modification to this Agreement shall be in writing and signed by both parties. If the parties cannot reach agreement on how to ameliorate the negative effects of the Township’s exercise of its police power rights, then the parties agree to submit the

TOWNSHIP OF WEST WHITELAND 24

matter to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.

13.16 No Third Party Beneficiaries: Except as expressly provided in this Agreement, this Agreement is not intended to, and does not, create any rights or benefits on behalf of any Person other than the parties to this Agreement.

13.17 Counterparts: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and the parties may become a party hereto by executing a counterpart hereof. This Agreement and any counterpart so executed shall be deemed to be one and the same instrument. It shall not be necessary in making proof of this Agreement or any counterpart hereof to produce or account for any of the other counterparts.

[SIGNATURE PAGE FOLLOWS]

TOWNSHIP OF WEST WHITELAND 25

TOWNSHIP OF WEST WHITELAND

By: ______

Print: ______

Title: ______

Date: ______

VERIZON PENNSYLVANIA LLC

By: ______

Print: ______

Title: President, Verizon Pennsylvania LLC

Date: ______

EXHIBITS

Exhibit A: Municipal Buildings to be Provided Free Cable Service

Exhibit B: Customer Service Standards

TOWNSHIP OF WEST WHITELAND 26

EXHIBIT A

PUBLIC BUILDINGS TO BE PROVIDED FREE CABLE SERVICE

Township Municipal/Public Works Building - 222 North Pottstown Pike, Exton PA Public Works Operations Office - 222 North Pottstown Pike (Rear), Exton PA New Township Municipal/Administration Building - 101 Commerce Drive, Exton PA Municipal Parks Operation Building - 925 Old Valley Road, Exton PA West Whiteland Fire Company - 227 Crest Avenue, Exton PA Chester County Library - 450 Exton Square Parkway, Exton PA Exton Elementary School - 301 Hendricks Avenue, Exton PA Mary C. Howse Elementary School - 641 West Boot Road, West Chester PA Pierce Middle School - 1314 Burke Road, West Chester, PA Church Farm School - 1001 East Lincoln Highway, Exton PA SS Philip and James School -721 East Lincoln Highway, Exton PA Devereaux School - 891 E. Boot Road, West Chester PA Collegium School - 535 James Hance Court, Exton PA Whiteland Woods Pump Station - 191 Birchwood Drive, West Chester, PA Exton Pump Station - 1480 S. Pottstown Pike, West Chester PA Grubbs Mill Pump Station - 559 Grubbs Mill Road, West Chester PA Broad Run Pump Station - 600 Grubbs Mill Road, West Chester PA Clover Mill Pump Station - 652 Clover Mill Road, Exton PA Clover Mill Garage - 650 Clover Mill Road, Exton PA Boot Road Park Office - 110 Darlington Drive, West Chester PA Exton Park Office - 800 E. Swedesford Road, Exton PA

TOWNSHIP OF WEST WHITELAND 27

EXHIBIT B

CUSTOMER SERVICE STANDARDS

These standards shall apply to the Franchisee to the extent it is providing Cable Services over the Cable System in the Township.

SECTION 1: DEFINITIONS

A. Respond: The Franchisee’s investigation of a Service Interruption after receiving a Subscriber call by opening a trouble ticket, if required, and responding to the call.

B. Significant Outage: A significant outage of the Cable Service shall mean any Service Interruption lasting at least four (4) continuous hours that affects at least ten percent (10%) of the Subscribers in the Township.

C. Service Call: The action taken by the Franchisee to correct a Service Interruption the effect of which is limited to an individual Subscriber.

D. Standard Installation: Installations where the Subscriber is within two hundred (200) feet of trunk or feeder lines.

SECTION 2: OFFICE HOURS AND TELEPHONE AVAILABILITY

A. The Franchisee shall maintain a toll-free number to receive all calls and inquiries from Subscribers in the Township and/or residents regarding Cable Service. The Franchisee representatives trained and qualified to answer questions related to Cable Service in the Service Area must respond to customer telephone inquiries during Normal Business the Franchisee’s regular business hours. The Franchisee representatives shall identify themselves by name when answering this number. After Normal Business Hours, the toll-free number may be answered by an Automated Response Unit (“ARU”) or a Voice Response Unit (“VRU”), including an answering machine. Inquiries received after Normal Business Hours shall be responded to by a trained company representative on the next business day.

B. The Franchisee’s telephone numbers shall be listed, with appropriate description (e.g. administration, customer service, billing, repair, etc.), in the directory published by the local telephone company or companies serving the Service Area, beginning with the next publication cycle after acceptance of this Franchise by the Franchisee.

C. The Franchisee may, at any time, use an ARU or a VRU to distribute calls. If a foreign language routing option is provided, and the Subscriber does not enter an option, the menu will default to the first tier menu of English options.

After the first tier menu (not including a foreign language rollout) has run through three (3) times, if customers do not select any option, the ARU or VRU will forward the call to a queue for a live representative. The Franchisee may reasonably substitute this requirement with another method of handling calls from customers who do not have touch-tone telephones.

TOWNSHIP OF WEST WHITELAND 28

D. Under Normal Operating Conditions, calls received by the Franchisee shall be answered within thirty (30) seconds. The Franchisee shall meet this standard for ninety percent (90%) of the calls it receives at all call centers receiving calls from Subscribers, as measured on a cumulative quarterly calendar basis. Measurement of this standard shall include all calls received by the Franchisee at all call centers receiving calls from Subscribers, whether they are answered by a live representative, by an automated attendant, or abandoned after thirty (30) seconds of call waiting.

E. Under Normal Operating Conditions, callers to the Franchisee shall receive a busy signal no more than three percent (3%) of the time during any calendar quarter.

F. At the Franchisee’s option, the measurements above may be changed from calendar quarters to billing or accounting quarters. The Franchisee shall notify the Township of such a change at least thirty (30) days in advance of any implementation. The Franchisee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless a historical record of complaints indicates a clear failure to comply.

SECTION 3: INSTALLATIONS AND SERVICE APPOINTMENTS

A. All installations will be in accordance with the rules of the FCC, the National Electric Code, and the National Electrical Safety Code, including but not limited to, appropriate grounding, connection of equipment to ensure reception of Cable Service, and the provision of required consumer information and literature to adequately inform the Subscriber in the utilization of Franchisee-supplied equipment and Cable Service.

B. The Standard Installation shall be performed within seven (7) business days after the placement of the Optical Network Terminal (“ONT”) on the customer’s premises or within seven (7) business days after an order is placed if the ONT is already installed on the customer’s premises.

The Franchisee shall meet this standard for ninety five percent (95%) of the Standard Installations it performs, as measured on a calendar quarter basis, excluding customer requests for connection later than seven (7) days after ONT placement or later than seven (7) days after an order is placed if the ONT is already installed on the customer’s premises.

C. The Franchisee will offer Subscribers “appointment window” alternatives for arrival to perform installations, Service Calls, and other activities of a maximum four (4) hour scheduled time block during Normal Business Hours. At the Franchisee’s discretion, the Franchisee may offer Subscribers appointment arrival times other than these four (4) hour time blocks, if agreeable to the Subscriber. These hour restrictions do not apply to weekends. The Franchisee may not cancel an appointment with a Subscriber after the close of business on the business day prior to the scheduled appointment. If a technician is running late for an appointment with a Subscriber and will not be able to keep the appointment as scheduled, the Subscriber will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the Subscriber.

TOWNSHIP OF WEST WHITELAND 29

SECTION 4: SERVICE INTERRUPTIONS AND OUTAGES

A. The Franchisee shall exercise commercially reasonable efforts to limit any Significant Outage for the purpose of maintaining, repairing, or constructing the Cable System. Except in an emergency or other situation necessitating a more expedited or alternative notification procedure, the Franchisee may schedule a Significant Outage for a period of more than four (4) hours during any twenty-four (24) hour period only after the Township and each affected Subscriber in the Service Area have been given fifteen (15) days’ prior notice of the proposed Significant Outage. Notwithstanding the foregoing, the Franchisee may perform modifications, repairs, and upgrades to the Cable System between 12:01 a.m. and 6:00 a.m. which may interrupt service.

B. Under Normal Operating Conditions, the Franchisee must Respond to a call from a Subscriber regarding a Service Interruption or other service problem within the following time frames:

(1) Within twenty-four (24) hours, including weekends, of receiving Subscriber calls respecting Service Interruptions in the Service Area and shall diligently pursue to completion.

(2) The Franchisee must begin actions to correct all other Cable Service problems the next business day after notification by the Subscriber or the Township of a Cable Service problem and shall diligently pursue to completion.

C. Under Normal Operating Conditions, the Franchisee shall complete Service Calls within seventy-two (72) hours of the time the Franchisee commences to Respond to the Service Interruption, not including weekends and situations where the Subscriber is not reasonably available for a Service Call to correct the Service Interruption within the seventy-two (72) hour period.

D. The Franchisee shall meet the standard in Subsection D of this Section for ninety percent (90%) of the Service Calls it completes, as measured on a quarterly basis.

E. At the Franchisee’s option, the above measurements may be changed from calendar quarters to billing or accounting quarters. The Franchisee shall notify the Township of such a change at least thirty (30) days in advance of any implementation.

F. Under Normal Operating Conditions, the Franchisee shall provide a credit upon Subscriber request when all Channels received by that Subscriber are out of service for a period of four (4) consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected Subscriber(s) current monthly bill. In order to qualify for the credit, the Subscriber must promptly report the problem and allow the Franchisee to verify the problem if requested by the Franchisee. If Subscriber availability is required for repair, a credit will not be provided for such time, if any, that the Subscriber is not reasonably available.

G. Under Normal Operating Conditions, if a Significant Outage affects all Video Programming Cable Services for more than twenty-four (24) consecutive hours, the Franchisee shall issue an automatic credit to the affected Subscribers in the amount equal to their monthly

TOWNSHIP OF WEST WHITELAND 30

recurring charges for the proportionate time the Cable Service was out, or a credit to the affected Subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the Cable Service was out, whichever is technically feasible or, if both are technically feasible, as determined by the Franchisee provided such determination is non- discriminatory. Such credit shall be reflected on a subsequent Subscriber billing statement.

H. With respect to service issues concerning Cable Services provided to the Township facilities, the Franchisee shall Respond to all inquiries from the Township within four (4) hours and shall commence necessary repairs within twenty-four (24) hours under Normal Operating Conditions and shall diligently pursue to completion. If such repairs cannot be completed within twenty-four (24) hours, the Franchisee shall notify the Township in writing as to the reason(s) for the delay and provide an estimated time of repair.

J. The Franchisee may provide all notices identified in this Section electronically or on-screen.

SECTION 5: CUSTOMER COMPLAINTS

Under Normal Operating Conditions, the Franchisee shall investigate Subscriber complaints referred by the Township within seventy-two (72) hours of receipt. The Franchisee shall notify the Township of those matters that necessitate an excess of seventy-two (72) hours to resolve, but those matters must be resolved within fifteen (15) days of the initial complaint. The Township may require reasonable documentation to be provided by the Franchisee to substantiate the request for additional time to resolve the problem. For purposes of this Section, “resolve” means that the Franchisee shall perform those actions which, in the normal course of business, are necessary to investigate the Subscriber’s complaint and advise the Subscriber of the results of that investigation.

SECTION 6: BILLING

A. Subscriber bills shall be clear, concise, and understandable. Bills shall be fully itemized to include all applicable service tiers and, if applicable, all related equipment charges. Bills shall clearly delineate activity during the billing period, including optional charges, rebates, credits, and aggregate late charges. The Franchisee shall maintain records of the date and place of mailing of bills.

B. A specific due date shall be listed on the bill of every Subscriber whose account is current. Delinquent accounts may receive a bill that lists the due date as upon receipt; however, the current portion of that bill shall not be considered past due.

C. Any Subscriber who, in good faith, disputes all or part of any bill shall have the option of withholding the disputed amount without disconnect or late fee being assessed until the dispute is resolved provided that:

(1) The Subscriber pays all undisputed charges;

(2) The Subscriber provides notification of the dispute to the Franchisee within five (5) days prior to the due date; TOWNSHIP OF WEST WHITELAND 31

(3) The Subscriber cooperates in determining the accuracy and/or appropriateness of the charges in dispute; and

(4) It shall be within the Franchisee’s sole discretion to determine when the dispute has been resolved.

D. Under Normal Operating Conditions, the Franchisee shall initiate investigation and resolution of all billing complaints received from Subscribers within five (5) business days of receipt of the complaint. Final resolution shall not be unreasonably delayed.

E. The Franchisee shall provide a telephone number and address on the bill for Subscribers to contact the Franchisee.

F. The Franchisee shall forward a copy of any Cable Service related billing inserts or other mailing sent to Subscribers to the Township upon written request.

G. The Township hereby requests that the Franchisee omit the Township’s name, address, and telephone number from Subscriber bills as permitted by 47 C.F.R. § 76.952.

SECTION 7: RATES, FEES, AND CHARGES

A. The Franchisee shall not, except to the extent permitted by law, impose any fee or charge for Service Calls to a Subscriber’s premises to perform any repair or maintenance work related to the Franchisee’s equipment necessary to receive Cable Service, except where such problem is caused by a negligent or wrongful act of the Subscriber (including, but not limited to a situation in which the Subscriber reconnects the Franchisee’s equipment incorrectly) or by the failure of the Subscriber to take reasonable precautions to protect the Franchisee’s equipment.

B. The Franchisee shall provide reasonable notice to Subscribers of the possible assessment of a late fee on bills or by separate notice.

SECTION 8: DISCONNECTION /DENIAL OF SERVICE

A. The Franchisee shall not terminate Cable Service for nonpayment of a delinquent account unless the Franchisee provides a notice of the delinquency and impending termination prior to the proposed final termination. The notice shall be provided to the Subscriber to whom the Cable Service is billed. The notice of delinquency and impending termination may be part of a billing statement.

B. Cable Service terminated in error must be restored without charge within twenty- four (24) hours of notice. If a Subscriber was billed for the period during which Cable Service was terminated in error, a credit shall be issued to the Subscriber if the Cable Service termination was reported by the Subscriber.

C. Nothing in these standards shall limit the right of the Franchisee to deny Cable Service for non-payment of previously provided Cable Services, refusal to pay any required deposit, theft of Cable Service, damage to the Franchisee’s equipment, abusive and/or threatening behavior toward the Franchisee’s employees or representatives, or refusal to provide credit history TOWNSHIP OF WEST WHITELAND 32

information or refusal to allow the Franchisee to validate the identity, credit history, and credit worthiness via an external credit agency.

SECTION 9: COMMUNICATIONS WITH SUBSCRIBERS

A. All Franchisee personnel, contractors, and subcontractors contacting Subscribers or potential Subscribers at the homes of such Subscribers or potential Subscribers shall wear a clearly visible identification card bearing their name and photograph. The Franchisee shall make reasonable efforts to account for all identification cards at all times. In addition, all Franchisee representatives shall wear appropriate clothing while working at a Subscriber’s or potential Subscriber’s premises. Every service vehicle of the Franchisee and its contractors or subcontractors shall be clearly identified as such to the public. Specifically, the Franchisee vehicles shall have the Franchisee’s logo plainly visible. The vehicles of those contractors and subcontractors working for the Franchisee shall have the contractor’s/subcontractor’s name plus markings (such as a magnetic door sign) indicating they are under contract to the Franchisee.

B. All contact with a Subscriber or potential Subscriber by a Person representing the Franchisee shall be conducted in a courteous manner.

C. All notices identified in this Section shall be by either:

(1) A separate document included with a billing statement or a message included on the portion of the monthly bill that is to be retained by the Subscriber;

(2) A separate electronic notification;

(3) A separate on-screen notification; or

(4) Any other reasonable written means.

D. The Franchisee shall provide reasonable notice to Subscribers of any pricing changes or additional changes (excluding sales discounts, new products, or offers) and, subject to the foregoing, any changes in Cable Services, including channel line-ups. Such notice must be given to Subscribers and the Township a minimum of thirty (30) days in advance of such changes if within the control of the Franchisee, and the Franchisee shall provide a copy of the notice to the Township including how and where the notice was given to Subscribers.

E. The Franchisee shall provide information to all Subscribers about each of the following items at the time of installation of Cable Services, annually to all Subscribers, at any time upon request, and, subject to Subsection 9.D., at least thirty (30) days prior to making significant changes in the information required by this Section if within the control of the Franchisee:

(1) Products and Cable Services offered;

(2) Prices and options for Cable Services and condition of subscription to Cable Services. Prices shall include those for Cable Service options, equipment rentals, program guides,

TOWNSHIP OF WEST WHITELAND 33

installation, downgrades, late fees, and other fees charged by the Franchisee related to Cable Service;

(3) Installation and maintenance policies including, when applicable, information regarding the Subscriber’s in-home wiring rights during the period Cable Service is being provided;

(4) Channel positions of Cable Services offered on the Cable System;

(5) Complaint procedures, including the name, address, and telephone number of the Township, but with a notice advising the Subscriber to initially contact the Franchisee about all complaints and questions;

(6) Procedures for requesting Cable Service credit;

(7) The availability of a parental control device;

(8) Franchisee practices and procedures for protecting against invasion of privacy; and

(9) The address and telephone number of the Franchisee’s office to which complaints may be reported.

F. Notices of changes in rates shall indicate the Cable Service new rates and old rates, if applicable.

G. Every notice of termination of Cable Service shall include the following information:

(1) The name and address of the Subscriber whose account is delinquent;

(2) The amount of the delinquency for all services billed;

(3) The date by which payment is required in order to avoid termination of Cable Service; and

(4) The telephone number for the Franchisee where the Subscriber can receive additional information about their account and discuss the pending termination.

TOWNSHIP OF WEST WHITELAND 34

West Whiteland Tel: (610) 363–0200 101 Commerce Drive Police Department Fax: (610) 363–6671 Exton, Pennsylvania 19341 www.westwhiteland.org

______

M EMORANDUM To: Board of Supervisors

From: Chief Ralph W. Benson, III

Date: February 17th, 2021

Re: Board of Supervisors Approval of Police Policies

Motion: To approve the policy noted in Chief Benson’s memo dated February 17th, 2021 for inclusion in the West Whiteland Township Police Policy and Procedure Manual.

The below listed policy has been revised and is ready for your review. This policy has been thoroughly vetted and meets current police accreditation standards. This policy was also reviewed and approved by select members of the department, to include a representative of the police officer's association.

• Active Shooter

• Policy since March 5, 2020

• No significant changes

Background:

The police department reviews each policy annually. With each review there are often revisions based upon case law, best practices or procedural changes. The above policies have been revised and are ready for your review.

Ralph W. Benson, II

Chief of Police West Whiteland

DATE 02/24/2021 CHECK # 63522 TO 63559 WARRANT 02242021

GENERAL FUND $ 361,521.94 SEWER FUND $ 56,141.09 SOLID WASTE FUND $ 2,631.38 LIQUID FUELS FUND $ 2,692.56 POST RETIREMENT MEDICAL FUND $ 14,013.39 PUBLIC SERVICE FUND $ 5,628.25 TECHNOLOGY FUND $ 1,555.00 SUBTOTAL $ 444,183.61

DATE 02/24/2021 CHECK # 63560 TO 63565 WARRANT 022421PY

GENERAL FUND $ 11,983.29 SEWER FUND $ 293.67 SUBTOTAL $ 12,276.96

DATE 02/10/2021 CHECK # 63520 TO 63521 WARRANT 20201231

GENERAL FUND $ 1,116.82 SEWER FUND $ 2,025.12 SUBTOTAL $ 3,141.94

TOTAL $ 459,602.51

APPROVED BY THE BOARD OF SUPERVISORS

DATE

RAJESH KUMBHARDARE

THERESA SANTALUCIA

JOSHUA ANDERSON

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:11 |West Whiteland Township |P 1 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 02242021 TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

5328 AETNA 66571 01/17/21 101650 63525 P 02/24/21 404500 3156 HEALTH INSURANCE 421.27 INVOICE: 31361392

VENDOR TOTALS 1,297.41 YTD INVOICED 6,177.78 YTD PAID 421.27

5681 ANTI-DEFAMATION LEAGUE 66576 02/10/21 101655 63526 P 02/24/21 014010 3422 TRAINING/SEMINAR/SCHOOLS 221.00 INVOICE: 4692 66576 02/10/21 101655 63526 P 02/24/21 014050 3422 TRAINING/SEMINAR/SCHOOLS 368.00 INVOICE: 4692 66576 02/10/21 101655 63526 P 02/24/21 014100 3422 TRAINING/SEMINAR/SCHOOLS 147.00 INVOICE: 4692 66576 02/10/21 101655 63526 P 02/24/21 014140 3422 TRAINING/SEMINAR/SCHOOLS 221.00 INVOICE: 4692 66576 02/10/21 101655 63526 P 02/24/21 014130 3422 TRAINING/SEMINAR/SCHOOLS 294.00 INVOICE: 4692 66576 02/10/21 101655 63526 P 02/24/21 014300 3422 TRAINING/SEMINAR/SCHOOLS 514.00 INVOICE: 4692 66576 02/10/21 101655 63526 P 02/24/21 014520 3422 TRAINING/SEMINAR/SCHOOLS 221.00 INVOICE: 4692 66576 02/10/21 101655 63526 P 02/24/21 024290 3422 TRAINING/SEMINAR/SCHOOLS 514.00 INVOICE: 4692

VENDOR TOTALS 2,500.00 YTD INVOICED 2,500.00 YTD PAID 2,500.00

1320 AXON ENTERPRISES, INC 66528 01/25/21 101602 63527 P 02/24/21 014100 3213 E1 FIREARMS & SUPPLIES 2,988.34 INVOICE: SI-17711822 66529 01/25/21 101603 63527 P 02/24/21 014100 3213 E1 FIREARMS & SUPPLIES 1,119.20 INVOICE: SI-1711821 66542 01/30/21 101616 63527 P 02/24/21 014100 3213 E1 FIREARMS & SUPPLIES 1,713.30 INVOICE: SI-1713217

VENDOR TOTALS 5,820.84 YTD INVOICED 9,743.14 YTD PAID 5,820.84

5466 C. SHARKEY ENTERPRISES, INC. 66516 01/03/21 101590 63528 P 02/24/21 014092 3450 CONTRACTED SERVICES 1,900.00 INVOICE: 20210532

VENDOR TOTALS 1,900.00 YTD INVOICED 4,450.65 YTD PAID 1,900.00

684 CHESTER COUNTY POLICE CHIEFS ASSN 66547 02/09/21 101623 63529 P 02/24/21 014100 3420 DUES 225.00 INVOICE: 2021

VENDOR TOTALS 225.00 YTD INVOICED 525.00 YTD PAID 225.00

4498 CNS, INC 66580 02/09/21 101659 63530 P 02/24/21 014092 3450 CONTRACTED SERVICES 2,579.00 INVOICE: 6895

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:11 |West Whiteland Township |P 2 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 02242021 TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

VENDOR TOTALS 7,737.00 YTD INVOICED 39,797.14 YTD PAID 2,579.00

2229 DELAWARE VALLEY HEALTH INS TRUST 66441 01/01/21 101514 63522 P 02/10/21 014010 3156 HEALTH INSURANCE 5,519.00 INVOICE: 19815 66441 01/01/21 101514 63522 P 02/10/21 014050 3156 HEALTH INSURANCE 2,936.96 INVOICE: 19815 66441 01/01/21 101514 63522 P 02/10/21 014100 3156 HEALTH INSURANCE 58,504.82 INVOICE: 19815 66441 01/01/21 101514 63522 P 02/10/21 014130 3156 HEALTH INSURANCE 2,654.01 INVOICE: 19815 66441 01/01/21 101514 63522 P 02/10/21 014140 3156 HEALTH INSURANCE 2,654.01 INVOICE: 19815 66441 01/01/21 101514 63522 P 02/10/21 024290 3156 HEALTH INSURANCE 7,492.54 INVOICE: 19815 66441 01/01/21 101514 63522 P 02/10/21 014300 3156 HEALTH INSURANCE 5,584.91 INVOICE: 19815 66441 01/01/21 101514 63522 P 02/10/21 014520 3156 HEALTH INSURANCE 1,234.86 INVOICE: 19815 66441 01/01/21 101514 63522 P 02/10/21 404500 3156 HEALTH INSURANCE 6,794.81 INVOICE: 19815 66442 02/01/21 101515 63522 P 02/10/21 014010 3156 HEALTH INSURANCE 5,521.01 INVOICE: 19977 66442 02/01/21 101515 63522 P 02/10/21 014050 3156 HEALTH INSURANCE 2,938.03 INVOICE: 19977 66442 02/01/21 101515 63522 P 02/10/21 014100 3156 HEALTH INSURANCE 57,443.75 INVOICE: 19977 66442 02/01/21 101515 63522 P 02/10/21 014130 3156 HEALTH INSURANCE 4,074.65 INVOICE: 19977 66442 02/01/21 101515 63522 P 02/10/21 014140 3156 HEALTH INSURANCE 2,654.98 INVOICE: 19977 66442 02/01/21 101515 63522 P 02/10/21 024290 3156 HEALTH INSURANCE 7,495.28 INVOICE: 19977 66442 02/01/21 101515 63522 P 02/10/21 014300 3156 HEALTH INSURANCE 5,586.95 INVOICE: 19977 66442 02/01/21 101515 63522 P 02/10/21 014520 3156 HEALTH INSURANCE 1,235.31 INVOICE: 19977 66442 02/01/21 101515 63522 P 02/10/21 404500 3156 HEALTH INSURANCE 6,797.31 INVOICE: 19977

VENDOR TOTALS 187,123.19 YTD INVOICED 1,308,558.70 YTD PAID 187,123.19

113 DELAWARE VALLEY WORKERS' COMP TRUST 66570 01/04/21 101649 63531 P 02/24/21 014010 3003 WORKERS' COMPENSATION 54.26 INVOICE: WCPREM21-WWHITE1 66570 01/04/21 101649 63531 P 02/24/21 014050 3003 WORKER'S COMPENSATION 48.53 INVOICE: WCPREM21-WWHITE1 66570 01/04/21 101649 63531 P 02/24/21 014100 3003 WORKERS' COMPENSATION 19,013.65 INVOICE: WCPREM21-WWHITE1 66570 01/04/21 101649 63531 P 02/24/21 014110 3003 WORKERS' COMPENSATION 8,349.38

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:11 |West Whiteland Township |P 3 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 02242021 TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

INVOICE: WCPREM21-WWHITE1 66570 01/04/21 101649 63531 P 02/24/21 014130 3003 WORKERS' COMPENSATION 1,567.08 INVOICE: WCPREM21-WWHITE1 66570 01/04/21 101649 63531 P 02/24/21 014140 3003 WORKERS' COMPENSATION 34.39 INVOICE: WCPREM21-WWHITE1 66570 01/04/21 101649 63531 P 02/24/21 014300 3003 WORKERS' COMPENSATION 4,287.41 INVOICE: WCPREM21-WWHITE1 66570 01/04/21 101649 63531 P 02/24/21 014520 3003 WORKERS' COMPENSATION 1,223.94 INVOICE: WCPREM21-WWHITE1 66570 01/04/21 101649 63531 P 02/24/21 024290 3003 WORKERS' COMPENSATION 3,633.61 INVOICE: WCPREM21-WWHITE1

VENDOR TOTALS 55,786.25 YTD INVOICED 230,284.25 YTD PAID 38,212.25

3620 EASTERN SALT COMPANY INC 66518 01/29/21 101592 63532 P 02/24/21 354380 4320 WINTER MAINTENANCE 1,317.05 INVOICE: INV101718 66519 01/29/21 101593 63532 P 02/24/21 354380 4320 WINTER MAINTENANCE 1,275.51 INVOICE: INV101717

VENDOR TOTALS 2,592.56 YTD INVOICED 25,278.18 YTD PAID 2,592.56

4206 THE HOMER GROUP 66558 01/21/21 101636 63533 P 02/24/21 014130 3210 OFFICE SUPPLIES 40.28 INVOICE: 210051

VENDOR TOTALS 40.28 YTD INVOICED 11,525.91 YTD PAID 40.28

4747 INCARCERATE INC. 66509 02/09/21 101583 63534 P 02/24/21 014100 3245 SUPPLIES 245.92 INVOICE: 020921 66555 01/30/21 101631 63534 P 02/24/21 014100 3245 SUPPLIES 141.06 INVOICE: 013021

VENDOR TOTALS 1,273.89 YTD INVOICED 7,406.69 YTD PAID 386.98

1213 INTERCON TRUCK EQUIPMENT INC 66525 02/09/21 101599 63535 P 02/24/21 014300 3246 FLEET MAINTENANCE SUPPLIE 1,032.48 INVOICE: 1084196-IN

VENDOR TOTALS 1,032.48 YTD INVOICED 1,032.48 YTD PAID 1,032.48

4392 KELLY INDUSTRIAL SUPPLY 66520 02/09/21 101594 63536 P 02/24/21 024290 3245 GENERAL SUPPLIES 56.52 INVOICE: 2168414-IN 66521 01/27/21 101595 63536 P 02/24/21 014300 3246 FLEET MAINTENANCE SUPPLIE 90.76 INVOICE: 2168182-IN

VENDOR TOTALS 212.70 YTD INVOICED 890.99 YTD PAID 147.28

203 L/B WATER SERVICE COMPANY

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:11 |West Whiteland Township |P 4 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 02242021 TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

66581 02/02/21 101660 63537 P 02/24/21 024290 3245 GENERAL SUPPLIES 222.00 INVOICE: 3464944

VENDOR TOTALS 916.16 YTD INVOICED 17,984.16 YTD PAID 222.00

4366 LAW ENFORCEMENT SYSTEMS, INC 66513 02/03/21 101587 63538 P 02/24/21 014100 3245 SUPPLIES 88.00 INVOICE: 212682

VENDOR TOTALS 88.00 YTD INVOICED 88.00 YTD PAID 88.00

2339 MCMAHON ASSOCIATES INC 66515 02/05/21 101589 63539 P 02/24/21 655650 3313 ENGINEERING 5,628.25 INVOICE: 175642

VENDOR TOTALS 8,320.75 YTD INVOICED 117,549.82 YTD PAID 5,628.25

5392 MICHAEL FITAL 66527 02/05/21 101601 63540 P 02/24/21 024290 3191 UNIFORM MAINTENANCE 144.95 INVOICE: 020521

VENDOR TOTALS 269.95 YTD INVOICED 455.07 YTD PAID 144.95

104 O'ROURKE & SONS INC 66517 01/25/21 101591 63541 P 02/24/21 024290 3245 GENERAL SUPPLIES 168.00 INVOICE: R47190

VENDOR TOTALS 168.00 YTD INVOICED 631.00 YTD PAID 168.00

1302 OFFICE DEPOT INC 66544 01/12/21 101620 63542 P 02/24/21 014010 3210 OFFICE SUPPLIES 9.39 INVOICE: 150009729001 66544 01/12/21 101620 63542 P 02/24/21 014050 3210 OFFICE SUPPLIES 7.95 INVOICE: 150009729001 66544 01/12/21 101620 63542 P 02/24/21 014100 3210 OFFICE SUPPLIES 39.74 INVOICE: 150009729001 66544 01/12/21 101620 63542 P 02/24/21 014130 3210 OFFICE SUPPLIES 10.12 INVOICE: 150009729001 66544 01/12/21 101620 63542 P 02/24/21 014140 3210 OFFICE SUPPLIES 5.42 INVOICE: 150009729001 66544 01/12/21 101620 63542 P 02/24/21 014300 3210 OFFICE SUPPLIES 6.50 INVOICE: 150009729001 66544 01/12/21 101620 63542 P 02/24/21 014520 3210 OFFICE SUPPLIES .36 INVOICE: 150009729001 66544 01/12/21 101620 63542 P 02/24/21 024290 3210 OFFICE SUPPLIES 2.89 INVOICE: 150009729001 66544 01/12/21 101620 63542 P 02/24/21 124310 3210 OFFICE SUPPLIES 3.61 INVOICE: 150009729001

VENDOR TOTALS 85.98 YTD INVOICED 1,707.82 YTD PAID 85.98

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:11 |West Whiteland Township |P 5 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 02242021 TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

349 PENNSYLVANIA MUNICIPAL LEAGUE 66572 01/13/21 101651 63543 P 02/24/21 014010 3420 DUES 450.00 INVOICE: 1873 66573 01/13/21 101652 63543 P 02/24/21 014010 3420 DUES 65.00 INVOICE: 1770

VENDOR TOTALS 515.00 YTD INVOICED 1,520.00 YTD PAID 515.00

3301 PECO ENERGY - PAYMENT PROCESSING 66522 01/27/21 101596 63547 P 02/24/21 014092 3361 UTILITIES 4,988.21 INVOICE: 2625161053 0121 66523 01/26/21 101597 63546 P 02/24/21 024290 3361 UTILITIES 646.09 INVOICE: 1737167075 0121 66524 02/03/21 101598 63545 P 02/24/21 014300 3361 UTILITIES 516.64 INVOICE: 2837001011 0221 66579 02/08/21 101658 63544 P 02/24/21 014520 3361 UTILITIES 37.86 INVOICE: 1857133077 0221

VENDOR TOTALS 10,057.95 YTD INVOICED 69,490.69 YTD PAID 6,188.80

111 PENNSYLVANIA ONE CALL SYSTEM INC 66546 01/31/21 101622 63548 P 02/24/21 024290 3324 PA ONE CALL 45.79 INVOICE: 0000894360

VENDOR TOTALS 45.79 YTD INVOICED 4,754.17 YTD PAID 45.79

3596 PETROLEUM TRADERS CORPORATION 66565 01/12/21 101644 63549 P 02/24/21 014300 3232 DIESEL 510.04 INVOICE: 1619221 66565 01/12/21 101644 63549 P 02/24/21 014520 3232 DIESEL 161.51 INVOICE: 1619221 66565 01/12/21 101644 63549 P 02/24/21 024290 3232 DIESEL 178.51 INVOICE: 1619221 66566 01/13/21 101645 63549 P 02/24/21 014300 3232 DIESEL 409.58 INVOICE: 1619667 66566 01/13/21 101645 63549 P 02/24/21 014520 3232 DIESEL 129.70 INVOICE: 1619667 66566 01/13/21 101645 63549 P 02/24/21 024290 3232 DIESEL 143.35 INVOICE: 1619667 66567 02/08/21 101646 63549 P 02/24/21 014300 3232 DIESEL 99.41 INVOICE: 1628296 66567 02/08/21 101646 63549 P 02/24/21 014520 3232 DIESEL 31.48 INVOICE: 1628296 66567 02/08/21 101646 63549 P 02/24/21 024290 3232 DIESEL 34.79 INVOICE: 1628296 66568 02/10/21 101647 63549 P 02/24/21 014300 3232 DIESEL 589.51 INVOICE: 1628297 66568 02/10/21 101647 63549 P 02/24/21 014520 3232 DIESEL 186.68 INVOICE: 1628297 66568 02/10/21 101647 63549 P 02/24/21 024290 3232 DIESEL 206.32 INVOICE: 1628297

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:11 |West Whiteland Township |P 6 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 02242021 TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

VENDOR TOTALS 5,604.60 YTD INVOICED 30,090.98 YTD PAID 2,680.88

895 PIRMA 66444 02/10/21 101518 63524 P 02/10/21 014010 3351 PROPERTY INSURANCE 1,982.54 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014010 3352 LIABILITY INSURANCE 5,092.68 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014050 3351 PROPERTY INSURANCE 1,348.13 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014050 3352 LIABILITY INSURANCE 2,386.89 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014100 3351 PROPERTY INSURANCE 24,662.77 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014100 3352 LIABILITY INSURANCE 38,124.36 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014110 3351 PROPERTY INSURANCE 7,850.85 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014110 3352 LIABILITY INSURANCE 7,802.66 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014130 3351 PROPERTY INSURANCE 2,696.25 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014130 3352 LIABILITY INSURANCE 3,134.75 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014140 3351 PROPERTY INSURANCE 1,189.52 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014140 3352 LIABILITY INSURANCE 3,770.29 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014300 3351 PROPERTY INSURANCE 15,781.00 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014300 3352 LIABILITY INSURANCE 10,909.09 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014520 3351 PROPERTY INSURANCE 6,264.82 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 014520 3352 LIABILITY INSURANCE 4,502.95 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 024290 3351 PROPERTY INSURANCE 22,918.13 INVOICE: R0149PC2021-1 66444 02/10/21 101518 63524 P 02/10/21 024290 3352 LIABILITY INSURANCE 12,238.32 INVOICE: R0149PC2021-1

VENDOR TOTALS 172,656.00 YTD INVOICED 360,490.00 YTD PAID 172,656.00

5682 PA POLICE ACCREDITATION COALITION 66583 01/15/21 101662 63550 P 02/24/21 014100 3420 DUES 100.00 INVOICE: 2021

VENDOR TOTALS 100.00 YTD INVOICED 100.00 YTD PAID 100.00

5424 RAGNASOFT INC 66440 01/01/21 101513 63523 P 02/10/21 706800 3708 COMPUTER MAINTENANCE 1,555.00

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:11 |West Whiteland Township |P 7 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 02242021 TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

INVOICE: RSI-0005292

VENDOR TOTALS 1,555.00 YTD INVOICED 3,110.00 YTD PAID 1,555.00

5532 RHOADS ENERGY CORP 66582 02/11/21 101661 63551 P 02/24/21 014520 3361 UTILITIES 326.38 INVOICE: 10649800

VENDOR TOTALS 628.71 YTD INVOICED 3,393.03 YTD PAID 326.38

5684 RYAN COOMBS 66585 02/06/21 101664 63552 P 02/24/21 014300 3245 GENERAL SUPPLIES 48.74 INVOICE: WJ29942378

VENDOR TOTALS 48.74 YTD INVOICED 48.74 YTD PAID 48.74

37 SIGNAL SERVICE INC 66578 02/05/21 101657 63553 P 02/24/21 354380 3456 TRAFFIC SIGNALS 100.00 INVOICE: 39105

VENDOR TOTALS 11,789.50 YTD INVOICED 88,768.76 YTD PAID 100.00

5660 TOTAL RECYCLE 66556 01/31/21 101632 18 63554 P 02/24/21 124310 3365 SOLID WASTE 2,627.77 INVOICE: 10532

VENDOR TOTALS 2,627.77 YTD INVOICED 2,627.77 YTD PAID 2,627.77

3991 THEURKAUF 66532 01/29/21 101606 63555 P 02/24/21 011000 1451 REIMBURSEABLE PROFESSION 812.94 INVOICE: 0121-09

VENDOR TOTALS 1,912.32 YTD INVOICED 68,499.86 YTD PAID 812.94

811 TOWNE CENTER CLEANERS 66548 02/08/21 101624 63556 P 02/24/21 014100 3191 UNIFORM MAINTENANCE 832.50 INVOICE: JAN2021

VENDOR TOTALS 832.50 YTD INVOICED 9,537.45 YTD PAID 832.50

2354 UNRUH TURNER BURKE & FREES 66549 01/29/21 101625 63557 P 02/24/21 014140 3314 SOLICITORS 1,512.00 INVOICE: 181196 66550 01/29/21 101626 63557 P 02/24/21 014010 3314 SOLICITORS 2,163.00 INVOICE: 181197 66551 01/29/21 101627 63557 P 02/24/21 014100 3314 SOLICITORS 315.00 INVOICE: 181198 66552 01/29/21 101628 63557 P 02/24/21 014140 3314 SOLICITORS 168.00 INVOICE: 181199 66553 01/29/21 101629 63557 P 02/24/21 014140 3314 SOLICITORS 210.00 INVOICE: 181200

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:11 |West Whiteland Township |P 8 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 02242021 TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

66554 01/29/21 101630 63557 P 02/24/21 014100 3314 SOLICITORS 1,746.50 INVOICE: 181201

VENDOR TOTALS 6,114.50 YTD INVOICED 9,497.00 YTD PAID 6,114.50

3412 VILLAGE MEDICAL CTR/ MED CENTER 100 66575 01/31/21 101654 63558 P 02/24/21 014300 3192 PHYSICAL EXAMINATIONS 225.00 INVOICE: 00165071-00

VENDOR TOTALS 225.00 YTD INVOICED 2,222.00 YTD PAID 225.00

70 WHITE GLOVE OF EXTON, INC. 66545 02/04/21 101621 63559 P 02/24/21 014100 3453 EQUIPMENT MAINTENANCE 36.00 INVOICE: WWP121

VENDOR TOTALS 102.00 YTD INVOICED 1,131.00 YTD PAID 36.00

REPORT TOTALS 444,183.61

COUNT AMOUNT ______TOTAL PRINTED CHECKS 38 444,183.61

** END OF REPORT - Generated by Zenobia White **

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:19 |West Whiteland Township |P 1 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 022421PY TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

4836 COMMONWEALTH HERITAGE GROUP, INC. 66592 05/06/20 101671 63560 P 02/24/21 014140 3450 CONTRACTED SERVICES 1,856.31 INVOICE: 402820 66593 05/06/20 101672 63560 P 02/24/21 014140 3450 CONTRACTED SERVICES 850.50 INVOICE: 402720

VENDOR TOTALS .00 YTD INVOICED 23,736.41 YTD PAID 2,706.81

5604 HORIZON HEALTH CARE CONSULTANTS, LTD 66586 10/14/20 101665 63561 P 02/24/21 014010 3450 CONTRACTED SERVICES 1,660.00 INVOICE: 12223 66587 10/12/20 101666 63561 P 02/24/21 014010 3450 CONTRACTED SERVICES 545.00 INVOICE: 12165 2

VENDOR TOTALS .00 YTD INVOICED 8,825.00 YTD PAID 2,205.00

5333 KRATZENBERG & ASSOCIATES 66600 01/18/21 101679 63562 P 02/24/21 014050 3450 CONTRACTED SERVICES 18.00 INVOICE: 011821

VENDOR TOTALS 446.96 YTD INVOICED 1,068.71 YTD PAID 18.00

5680 MCDONOUGH'S TREE SERVICE 66591 12/23/20 101670 63563 P 02/24/21 014520 3450 CONTRACTED SERVICES 1,100.00 INVOICE: 1891

VENDOR TOTALS .00 YTD INVOICED 1,100.00 YTD PAID 1,100.00

3596 PETROLEUM TRADERS CORPORATION 66590 12/30/20 101669 63564 P 02/24/21 014300 3232 DIESEL 839.08 INVOICE: 1616254 66590 12/30/20 101669 63564 P 02/24/21 014520 3232 DIESEL 265.71 INVOICE: 1616254 66590 12/30/20 101669 63564 P 02/24/21 024290 3232 DIESEL 293.67 INVOICE: 1616254

VENDOR TOTALS 5,604.60 YTD INVOICED 30,090.98 YTD PAID 1,398.46

3991 THEURKAUF 66594 12/31/20 101673 63565 P 02/24/21 011000 1451 REIMBURSEABLE PROFESSION 1,497.71 INVOICE: 1220-03 66595 12/31/20 101674 63565 P 02/24/21 011000 1451 REIMBURSEABLE PROFESSION 75.00 INVOICE: 1220-05 66596 12/31/20 101675 63565 P 02/24/21 011000 1451 REIMBURSEABLE PROFESSION 2,000.00 INVOICE: 1220-06 66597 12/31/20 101676 63565 P 02/24/21 011000 1451 REIMBURSEABLE PROFESSION 213.48 INVOICE: 1220-10 66598 12/31/20 101677 63565 P 02/24/21 011000 1451 REIMBURSEABLE PROFESSION 1,000.00 INVOICE: 1220-12 66599 12/31/20 101678 63565 P 02/24/21 011000 1451 REIMBURSEABLE PROFESSION 62.50 INVOICE: 1220-14

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/18/2021 13:19 |West Whiteland Township |P 2 zwhite |PAID WARRANT REPORT |appdwarr

WARRANT: 022421PY TO FISCAL 2021/02 01/01/2020 TO 02/24/2021

VENDOR NAME DOCUMENT INV DATE VOUCHER PO CHECK NO T CHK DATE GL ACCOUNT GL ACCOUNT DESCRIPTION ______

VENDOR TOTALS 1,912.32 YTD INVOICED 68,499.86 YTD PAID 4,848.69

REPORT TOTALS 12,276.96

COUNT AMOUNT ______TOTAL PRINTED CHECKS 6 12,276.96

** END OF REPORT - Generated by Zenobia White **

~ . ••:·:•...• mun Is• · • a tyler erp solution 02/09/2021 14:09 |West Whiteland Township |P 1 zwhite |A/P CASH DISBURSEMENTS JOURNAL |apcshdsb

CASH ACCOUNT: 101000 0001 TRUST CHECK NO CHK DATE TYPE VENDOR NAME VOUCHER INVOICE INV DATE PO WARRANT NET

______63520 02/10/2021 PRTD 2332 ICC GENERAL CODE, IN 101516 PG000023820 WE2141 11/30/2020 20201231 439.00 439.00 014140 3450 CONTRACTED SERVICES

CHECK 63520 TOTAL: 439.00

63521 02/10/2021 PRTD 31 PECO ENERGY COMPANY 101512 9919400400 0121 01/19/2021 20201231 2,702.94 380.86 014300 3361 UTILITIES 296.96 014520 3361 UTILITIES 2,025.12 024290 3361 UTILITIES

CHECK 63521 TOTAL: 2,702.94

NUMBER OF CHECKS 2 *** CASH ACCOUNT TOTAL *** 3,141.94

COUNT AMOUNT ______TOTAL PRINTED CHECKS 2 3,141.94

*** GRAND TOTAL *** 3,141.94

-~ . ••:·:•...• mun Is• · • a tyler erp solution

02/09/2021 14:09 |West Whiteland Township |P 2 zwhite |A/P CASH DISBURSEMENTS JOURNAL |apcshdsb JOURNAL ENTRIES TO BE CREATED CLERK: zwhite

YEAR PER JNL SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC ______2021 2 44 APP 012000-1010 ACCOUNTS PAYABLE 1,116.82 02/10/2021 20201231 ZW AP CASH DISBURSEMENTS JOURNAL APP 101000-0001 TRUST 3,141.94 02/10/2021 20201231 ZW AP CASH DISBURSEMENTS JOURNAL APP 022000-1010 ACCOUNTS PAYABLE 2,025.12 02/10/2021 20201231 ZW AP CASH DISBURSEMENTS JOURNAL ______GENERAL LEDGER TOTAL 3,141.94 3,141.94

APP 101300-0129 DUE FROM GENERAL FUND 1,116.82 02/10/2021 20201231 ZW APP 011330-1243 DUE TO TOWNSHIP FUND 1,116.82 02/10/2021 20201231 ZW APP 101300-0130 DUE FROM SEWER FUND 2,025.12 02/10/2021 20201231 ZW APP 021330-1243 DUE TO TOWNSHIP FUND 2,025.12 02/10/2021 20201231 ZW ______SYSTEM GENERATED ENTRIES TOTAL 3,141.94 3,141.94

______JOURNAL 2021/02/44 TOTAL 6,283.88 6,283.88

-~ . ••:·:•...• mun Is• · • a tyler erp solution

02/09/2021 14:09 |West Whiteland Township |P 3 zwhite |A/P CASH DISBURSEMENTS JOURNAL |apcshdsb JOURNAL ENTRIES TO BE CREATED

FUND YEAR PER JNL EFF DATE DEBIT CREDIT ACCOUNT ACCOUNT DESCRIPTION ______01 GENERAL FUND 2021 2 44 02/10/2021 011330-1243 DUE TO TOWNSHIP FUND 1,116.82 012000-1010 ACCOUNTS PAYABLE 1,116.82 ______FUND TOTAL 1,116.82 1,116.82

02 SEWER FUND 2021 2 44 02/10/2021 021330-1243 DUE TO TOWNSHIP FUND 2,025.12 022000-1010 ACCOUNTS PAYABLE 2,025.12 ______FUND TOTAL 2,025.12 2,025.12

10 TOWNSHIP FUND 2021 2 44 02/10/2021 101000-0001 TRUST 3,141.94 101300-0129 DUE FROM GENERAL FUND 1,116.82 101300-0130 DUE FROM SEWER FUND 2,025.12 ______FUND TOTAL 3,141.94 3,141.94

-~ . ••:·:•...• mun Is• · • a tyler erp solution

02/09/2021 14:09 |West Whiteland Township |P 4 zwhite |A/P CASH DISBURSEMENTS JOURNAL |apcshdsb JOURNAL ENTRIES TO BE CREATED

FUND DUE TO DUE FROM

______01 GENERAL FUND 1,116.82 02 SEWER FUND 2,025.12 10 TOWNSHIP FUND 3,141.94 ______TOTAL 3,141.94 3,141.94

** END OF REPORT - Generated by Zenobia White **

MEMORANDUM

DATE: February 5, 2021 West Whiteland TO: Board of Supervisors FROM: John R. Weller, AICP Director of Planning and Zoning

SUBJECT: Planning & Zoning Department Annual Report

Recommended Motion: No motion necessary; for informational purposes only.

Background: Section 207 of Act 247, the Pennsylvania Municipalities Planning Code (“MPC”), requires municipal planning commissions to “…keep a full record of its business and … make a written report by March 1 of each year … to the governing body.” The report for 2020 has been completed by the Planning & Zoning Department staff on behalf of the Commission and is being provided to you here to fulfill this requirement.

The Board will note that the report documents not only the activities of the Planning Commission but also those of the other Township agencies that the Department supports, namely the Historical Commission and the Zoning Hearing Board.

No action by the Board is required, but staff is happy to discuss the contents with you and to answer any questions you may have.

Attachment:

1. Department of Planning & Zoning: 2020 Annual Report

BOS MMO's - Miscellaneous\2021\210205 - Annl Rept

T O W N S H I P o f W E S T W West Whiteland H I T E L A N D DEPARTMENT of ---:.==,~ii!'!,!!!if~i#II►'!!!)>--- PLANNING & ZONING John R. Weller, AICP, Director Justin Smiley, AICP, Township Planner  2020 ANNUAL REPORT

SUMMARY of ACTIVITY The Township granted final plan approval for the following development during 2020: • 113,653 sq.ft. of industrial space, • 1 two-family dwelling, and • 319 townhouses. There were two amendments to the Township Zoning Ordinance: • Ordinance No. 453, passed on April 22, amended the provisions of the Town Center zoning district to include a Master Plan requirement for large projects. • Ordinance No. 457, passed on October 14, amended the provisions of the Neigh-borhood Commercial zoning district to allow institutional uses. On January 22, the Township passed Ordinance No. 451 to amend the open space provisions of the Subdivision and Land Development Ordinance.

The Township successfully applied to the Pennsylvania Department of Transportation for a grant of $940,000 from the Multi-Modal Fund toward the construction of the portion of the Ship Road Couplet and Chester Valley Trail Connector north of Lincoln Hwy.

From October 21 to 23, the Township hosted and participated in a Technical Assistance Panel by the Urban Land Institute (ULI) focused on the future of the Exton Crossroads area.

PLANNING COMMISSION The Planning Commission met eighteen times during 2020. The Commission re-elected Anita Nardone as chair and elected Mark Gordon as vice-chair at the reorganization meeting on January 7. Joe Altimari, Jeff Glisson, and Ray McKeeman also served as Commission members for the entire year. Glenn Marshall resigned from the Commission in March, with MaryFrances McGarrity and Dan Cote joining the Commission in March and April respectively.

The Commission reviewed six conditional use applications (five more than 2019), six land development plans (eight less than 2019), and four sketch plans (one more than 2019). In addition, conditional Use applications were submitted by Gravers Road Advertising (proposed billboard), Dunwoody Drive Outdoor (another proposed billboard), and PREIT (proposed 354- unit apartment building), but as of the end of the year none of them had made any presentation to the Planning Commission. On the following chart, “approved” in the “Status” column indicates the date of the meeting at which the Commission passed a motion recommending that

Planning & Zoning 1 2020 ANNUAL REPORT the Board of Supervisors approve the plan or conditional use application, not the date of approval by the Board.

# Project Name Type Description Status Construction of a 113,653 sq.ft. addition 475 Creamery Partners, Conditional to an existing building on a 16.7-acre lot 1 Approved 1/21/20 LLC Use at 475 Creamery Way in the Oaklands Corporate Center. 475 Creamery Partners, Land 2 Same as above. Approved 4/14/20 LLC Development Re-subdivision of tract to establish lots 500 & 690 E. Lincoln 3 Subdivision for further development. See 500 E. Approved 10/20/20 Hwy. Lincoln Hwy. and 690 E. Lincoln Hwy. Construction of 95 single-family 500 E. Lincoln Hwy. Conditional 4 detached dwellings and 68 townhouse Approved 10/20/20 (Ship Run Developers) Use dwellings on a 77.7-acre lot. Construction of a 5,590 sq.ft. con- 690 E. Lincoln Hwy. (690 Conditional 5 venience store and gas station on a 3.8- Approved 10/20/20 E. Lincoln Associates) Use acre lot. Subdivision of a 7.2-acre lot at 200 King 6 Boot Road Storage Subdivision Rd. to provide a lot for an existing Under Review dwelling on a commercial property. Construction of 73-unit senior care 7 Columbia Cottage Sketch Plan facility on a 6.0-acre lot at 930-936 E. Reviewed 7/17/20 Boot Rd. Construction of 319 townhouses and Conditional flats and ancillary recreational facilities 8 Exton Knoll Approved 2/4/20 Use on a 56.6-acre tract at 713-921 E. Lincoln Hwy. Land 9 Exton Knoll Same as above Approved 9/23/20 Development Land Construction of two-family dwelling on a 10 Fedor Tract Approved 8/18/20 Development 1.1-acre lot at 1250 Ship Rd. Construction of 37 townhouses on a 9.8- MacIntyre/Stratton 11 Sketch Plan acre lot at northwest corner of Boot Rd. Withdrawn Tract and Pottstown Pk. intersection. Construction of 3 buildings with a total Conditional 12 Public Works Facility footprint of 44,105 sq.ft. on a 25.1-acre Approved 7/14/20 Use vacant lot at 215 Valley Creek Blvd. Construction of a 3-story self-storage Raj Real Estate (4 Tabas Conditional facility covering 24,795 sq.ft. on a 3- 13 Under Review Ln.) Use acre lot with an existing retail commercial use, which is to remain. Construction of a 1-story retail and storage building covering 13,297 sq.ft. Raj Real Estate (4 Tabas Land 14 on a 3-acre lot with an existing retail Under Review Ln.) Development commercial building, which is to remain. 2 options for development of 100.5-acre unbuilt portion of Valley Creek Corp. Ctr. Option 1: 319-unit life-care facility (77 independent living townhouses; 242 Valley Creek Homes, 15 Sketch Plans apartment units in 6 buildings providing Reviewed 9/15/20 LLC various levels of care). Option 2: 344- unit active adult community (116 single- family homes, 96 carriage homes, 132 townhouses). Construction of 75 single-family homes 16 Weston Tract Sketch Plan on the 53.8-acre Weston Solutions tract Reviewed 10/6/20 at 1400 Weston Way.

Planning & Zoning 2 2020 ANNUAL REPORT The preceding section is provided in part to satisfy the reporting requirement of §207(a) of Pennsylvania Act 247, the Municipalities Planning Code.

HISTORICAL COMMISSION The Historical Commission met eleven times during 2020; with the April meeting being cancelled. At the reorganization meeting on January 13, the Commission elected John Kabli as Chair, Julie Bauer as the Vice-Chair, and Roberta Eckman as Secretary/Treasurer. Frank King, Joe McCormick, Jonathan Martin, and John Prendergast served as members for the entire year. There are currently no vacancies on the Commission.

Under the terms of the Township Zoning Ordinance, the Commission advises the Board of Supervisors and the Zoning Hearing Board regarding subdivisions, land developments, conditional use applications, and variance applications involving properties that have or are within 300 feet of an identified historic resource. The Commission also reviews applications for building permits, demolition permits, sign permits, and zoning permits for historic resources. Other Commission activity included the following.

• On December 14, the Commission selected three recipients for the 2020 Historic Preservation Awards for outstanding preservation and rehabilitation of historic resources: Buckman’s Ski & Showboard Shop/Thomas D. Trimble House (site #300), Chase Bank/Malvern Federal (site #302), and Williams Cabins/Icabod’s (site #348). The winners will receive their awards at an event in 2021 when it is safe to meet. This was the eighth consecutive year that the Commission has presented awards. • The Commission provided expert assistance to the owners of the following historic sites: the Morstein manor house (site #001), Morstein Station (site #003), Morstein gatehouse (site #004), Ryerss Infirmary for Dumb Animals (site #044), William Wells Farm house (site #054), Member house in Grove District (site #150), Ivy Cottage (site #205), Pickwick, John Kent Kane Jr. house (site #327), Lochiel Farm manor and tenant house (sites #339 & #341). • Commission members and Township Historical Consultant Phil Yocum visited the Arrandale Barn to assess its condition. The owner intends to sell the property, which includes two additional historic resources that will be used as offices. The Commission would like the barn to be reused, but if reuse proves infeasible then materials salvaged from the structure should be incorportated into any new construction. • Work continued on the update to “A History of West Whiteland,” the Township’s official document of historic resources, which started in 2019. Project consultant Commonwealth Hertitage Group created a GIS survey form for the survey update, which was approved by the PHMC. The Commission also assisted with revising the classification guidelines for historic resources. Due to COVID-related restrictions, the survey was delayed, and it will be necessary to secure an extension from the County. The Consultant anticipates completion of all deliverables – the updates to the survey, the historic resources map, and the “History” document along with support for creating an interactive mapping tool for public use – by summer 2021.

BOARD OF SUPERVISORS – PLANNING ACTIVITY The authority to approve subdivision and land development plans and conditional use applications rests with the Board of Supervisors, which is advised by the Planning and Historical Commissions, a variety of consultants, and Staff. In 2020, the Board approved two conditional

Planning & Zoning 3 2020 ANNUAL REPORT use applications (five more than 2019) and four final land development plans (nine less than 2019).

The following chart lists all plans considered by the Board during 2020 in alphabetic order. The “type” column states how the plan was approved: our Subdivision and Land Development Ordinance deems the first plan submitted for a project to be a “preliminary” plan, but if it shows all the information required for a final plan the Board may approve it as such.

# Project Name Type Description Status Construction of a 113,653 sq.ft. addition 475 Creamery Partners, Conditional to an existing building on a 16.7-acre lot 1 Approved 4/8/20 LLC Use at 475 Creamery Way in the Oaklands Corporate Center. 475 Creamery Partners, Final Land 2 Same as above. Approved 5/27/20 LLC Development 500 & 690 E. Lincoln Final Re-subdivision of tract to establish lots 3 Approved 11/10/20 Hwy. Subdivision for further development. Construction of 319 townhouses and Conditional flats and ancillary recreational facilities 6 Exton Knoll Approved 4/8/20 Use on a 56.6-acre tract at 713-921 E. Lincoln Hwy. Final Land 7 Exton Knoll Same as above. Approved 9/23/20 Development Final Land Construction of two-family dwelling on 8 Fedor Tract Approved 8/26/20 Development a 1.1-acre lot at 1250 Ship Rd.

ZONING The Zoning Hearing Board (ZHB) held hearings for six variance applications, down four from the ten variance applications heard in 2019. Gravers Road Advertising submitted a variance application pursuant to a billboard project, but Staff deemed the application incomplete so the hearing had not been held by the end of 2020. • Church Farm School applied for relief from the sign regulations to allow a larger-than- permitted free-standing sign at the new campus entrance from Valley Creek Blvd. in O/L Office Laboratory district. The hearing was held on June 25, and the Board granted the variance requested with conditions.

• Skyway Outdoor applied for relief from the sign regulations to allow larger-than- permitted window signs for the Gabe’s store in Whiteland Towne Center in the TC Town Center district. The hearing was held on February 28, and the Board granted the variance requested with conditions. • Derek and Hannah Kimmel applied for a variety of dimensional variances to allow the construction of a swimming pool at the rear of their residence at 511 Preston Ct. in the R-1 Residential district. The hearing was on October 8, and the Board granted the variances requested with conditions. • Louis and Elena LaFrance applied for a variety of dimensional variances to allow construction of an addition to an existing non-conforming residence at 936 Cedarwwod Ave. in the R-2 Residential district. The hearing was held on December 17, 2020, and the Board granted the variances requested with conditions. • Three Keys Storage applied for relief from the sign regulations to allow a larger sign area for a wall sign and a momument sign with an LED panel for a storage facility at 1464 Pottstown Pk. in the NC Neighborhood Commercial district. The hearing was held on November 19, and the Board granted the variance requested with conditions.

Planning & Zoning 4 2020 ANNUAL REPORT • Uk Jung applied for relief from the steep slope regulations to allow construction of a driveway to access a proposed residence at 1460 Spackman Ln. in the R-1 Residential district. The hearing began on June 25 and, due to extensive testimony from various parties, continued on August 27; October 1, 8, and 29; November 19; and finally concluded on December 17. The Board denied the variance.

There were no applications for special exceptions or appeals from the determination of the Zoning Officer in 2020.

STAFF and TRAINING Staff attended the following conferences and workshops during 2020. Many of these events provided staff with credits toward maintaining their AICP certification as planners. • Mr. Smiley attended the ESRI User Conference virtually from July 13 to 17. • Mr. Weller virtually attended a presentation on Community Autonomous Vehicle Deployment hosted by the Transportation Management Association of Chester County on September 17. • Mr. Weller and Mr. Smiley attended the annual conference of the Pennsylvania chapter of the American Planning Association (APAPA) virtually on October 19 and 20. • Mr. Weller and Mr. Smiley organized and conducted a tour for the Urban Land Institute Technical Assistance Panel from October 21 to 23. • Mr. Weller and Mr. Smiley attended and presented at the fall meeting of the Chester County Planners’ Forum hosted by the Chester County Planning Commission on October 28 via Zoom. • Mr. Weller virtually attended a presentation by APAPA called “Micromobility Challenges: Sometimes You Feel Like a Scooter and Sometimes You Don’t” on December 2. • Mr. Weller virtually attended a Delaware Valley Regional Planning Commission presentation by Richard Rothstein called “Why Are Communities So Segregated?” on December 9. • Mr. Smiley attended American Planning Association webinars throughout the year to maintain AICP certification.

Planning & Zoning 5 2020 ANNUAL REPORT