BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO. 1105

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1 BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, AMENDING ORDINANCE 1099 AND CHAPTER A OF THE EMMAUS BOROUGH CODE, ADDING RESIDENTIAL HANDICAPPED PARKING SIGNS ON THE PUBLIC STREET LOCATED IN FRONT OF 638 WALNUT STREET AND 221 N. 7 TH STREET AND REMOVING RESIDENTIAL HANDICAPPED PARKING SIGNS ON THE PUBLIC STREET LOCATED IN FRONT OF 226 RIDGE STREET WITHIN THE BOROUGH OF EMMAUS. WHEREAS, the Borough of Emmaus, Lehigh County, Pennsylvania, is authorized by the Pennsylvania Borough Code to establish parking restrictions on the public streets located within the Borough; and WHEREAS, Borough of Emmaus Ordinance 1099 and Chapter A of the Emmaus Borough Code establish handicapped parking restrictions on public streets within the Borough; and WHEREAS, the Borough Council of the Borough of Emmaus desires to amend Chapter A to add and remove certain handicapped parking spaces on Borough streets. NOW THEREFORE BE IT ORDAINED, that the Council of the Borough of Emmaus hereby authorizes the addition of the handicapped parking signs and assigned spaces at the following locations: 1. In the public street located in front of the address located at 638 Walnut Street 2. In the public street located in front of the address located at 221 N. 7 th Street BE IT FURTHER ORDAINED, that that the Council of the Borough of Emmaus hereby authorizes the removal of the handicapped parking signs and assigned spaces at the following locations: 1. In the public street located in front of the address located at 226 Ridge Street BE IT FURTHER ORDAINED, that the Borough Council authorizes the Director of Public Works and Chief of Police to remove all signs and street markings for the addresses listed above that indicate assignment of handicapped parking.

2 Ordinance No Page 2 BE IT FURTHER ORDAINED, that all existing Ordinances of the Borough or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed. BE IT FURTHER ORDAINED, that if any section or provision of this Ordinance is declared by any Court of competent jurisdiction to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect the constitutionality, legality or validity of this Ordinance as a whole, nor the constitutionality, legality or validity of any other section or provision of this Ordinance other than the one so declared to be unconstitutional, illegal or invalid. DULY ADOPTED this 7 th day of April, 2014, in lawful session duly assembled. Shane M. Pepe Borough Manager Lee Ann Gilbert President Borough Council AND NOW, this 7th day of April, 2014, the above Ordinance is hereby APPROVED by the Mayor of the Borough of Emmaus in due course. Winfield Iobst Mayor Borough of Emmaus

3 BEFORE THE BOROUGH COUNCIL OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 15, SECTION 209, PROHIBITING LEFT TURNS FROM GREEN DRIVE ONTO CEDAR CREST BOULEVARD WHEREAS, the Borough Council of the Borough of Emmaus has established, through its codified Ordinances, that turning at certain intersections is prohibited or restricted within the Borough; and WHEREAS, the Emmaus Borough Police Department has conducted a traffic study investigating the feasibility of allowing traffic to turn left from the easterly direction of Green Drive onto the northerly direction of Cedar Crest Boulevard within the Borough of Emmaus; and WHEREAS, the traffic study results indicate a significant history of automobile accidents at the intersection, including twenty-seven (27) accidents since 2007, of which eight (8) were recordable accidents to the Pennsylvania Department of Transportation; and WHEREAS, the traffic study results indicate thirteen (13) injuries have occurred at this intersection as a result of automobile accidents since 2007; and WHEREAS, the ensuing recommendation from the Emmaus Police Department is to regulate traffic turning from Green Drive onto Cedar Crest Boulevard; and WHEREAS, the Borough Council now deems it appropriate, and in the best interest of the public health, safety and welfare of the community to add an additional location to those already set forth at Chapter 15, Section 209 of the Codified Ordinances. NOW, THEREFORE, be it hereby ORDAINED and ENACTED that all traffic traveling in an easterly direction on Green Drive shall be prohibited from turning left onto the northerly direction of Cedar Crest Boulevard. BE it FURTHER ORDAINED and ENACTED that there shall be a ninety (90) day trial period immediately upon adoption of this Ordinance. BE it FURTHER ORDAINED and ENACTED that the officers and employees of the Borough are hereby empowered and directed to erect such signs as may be necessary to

4 Ordinance 1106 Page 2 notify the public of this Ordinance and to issue citations for violations thereof pursuant to the Codified Ordinances of the Borough and the Motor Vehicle Code. DULY ADOPTED this 7th day of April, 2014, in lawful session duly assembled. SHANE M. PEPE Borough Manager LEE ANN GILBERT Borough Council President AND NOW, THIS 7 th day of April, 2014, the above Ordinance is APPROVED by the Mayor of the Borough in due course. WINFIELD IOBST, Mayor, Borough of Emmaus

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14 BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE AMENDING THE BOROUGH OF EMMAUS ZONING ORDINANCE OF 1993, AS AMENDED, BY AMENDING THE ZONING MAP OF JUNE 21, 1993, AS AMENDED, FOR THE PURPOSE OF DESIGNATING AS AN AGE QUALIFIED COMMUNITY OVERLAY DISTRICT A ACRE TRACT OF LAND LOCATED TO THE NORTH OF CHESTNUT STREET (SR 0029) AND TO THE WEST OF CEDAR CREST BOULEVARD, THE SAME BEING PART OF THE FORMER INDIAN CREEK GOLF COURSE, EMMAUS, LEHIGH COUNTY, PENNSYLVANIA. SECTION 1: STATEMENT OF LEGISLATIVE FINDINGS WHEREAS, pursuant to Ordinance No. 1098, the Borough of Emmaus, Pennsylvania (hereinafter, Borough ) amended its Zoning Ordinance to provide for a use known as an age qualified community; and WHEREAS, pursuant to Ordinance No. 1098, the use is subject to certain procedural, bulk and design regulations; and WHEREAS, the use may be established only within an approved overlay district, known as an Age Qualified Community Overlay District (hereinafter, AQCOD ); and WHEREAS, The Fields at Indian Creek, LLC (hereinafter, Developer ) is the equitable owner of a part of the property known formerly as the Indian Creek Golf Course and located partly in the Townships of Lower Macungie and Upper Milford and the Borough, all in Lehigh County, Pennsylvania (hereinafter, Development Tract ); and WHEREAS, the Developer proposes to construct an age qualified community on the Development Tract; and WHEREAS, the proposed Development Tract encompasses land having the following Lehigh County PINs: , , and ; and WHEREAS, approximately acres of the total Development Tract, as more particularly described in the attached Exhibit A and as depicted in the attached Exhibit B (the Subject Property ), are located within the Borough; and WHEREAS, pursuant to Section of the Borough of Emmaus Zoning Ordinance of 1993, as amended (hereinafter, Zoning Ordinance ), and Section 1003 of Ordinance No. 1098, the Developer submitted a landowner request to amend the Zoning Ordinance and the Zoning Map of June 21, 1993 (hereinafter, Zoning Map ) so as to designate that portion of the Development Tract located in the Borough as an AQCOD; and 1

15 WHEREAS, this Ordinance has been advertised in accordance with the requirements of the Pennsylvania Municipalities Planning Code, as amended, the Southwestern Lehigh County Comprehensive Plan Intergovernmental Agreement and the Zoning Ordinance; and WHEREAS, this Ordinance has been reviewed by the Borough s Planning Commission and the Lehigh Valley Planning Commission; and WHEREAS, Borough Council has conducted a hearing for public comment and input concerning this Ordinance; and WHEREAS, Borough Council finds that this Ordinance and the proposed Zoning Map amendment are consistent with the criteria enumerated in Section 1003 of Ordinance No for designation of the Development Tract as an AQCOD, subject to land development approval and actual construction in accordance with all applicable Borough regulations, including without limitation, the regulations contained in Ordinance No. 1098; and WHEREAS, Borough Council finds that the exercise of its legislative discretion to approve the proposed Zoning Map amendment is consistent with the public health, safety and general welfare. NOW, THEREFORE, Borough Council does hereby enact and ordain the following amendment to the Zoning Ordinance and the Zoning Map: SECTION 2: ZONING MAP AMENDMENT The Zoning Map of June 21, 1993, as amended, is hereby further amended to designate the acre tract of land described in the attached Exhibit A and depicted in the attached Exhibit B as an AQCOD. The attached Exhibits A and B are incorporated herein by reference and made a part hereof. SECTION 3: PROTANTO REPEAL Unless otherwise specifically stated in this Ordinance, all ordinances in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 4: EFFECTIVE DATE This Ordinance shall become effective upon enactment by the Council of the Borough of Emmaus and approval by the Mayor of the Borough of Emmaus. SECTION 5: SAVINGS CLAUSE To the extent that any word, portion or provision of the text hereof is found by any court of competent jurisdiction to be invalid or void on constitutional or other grounds, such word, phrase, portion or provision shall, if possible, be deemed to be repealed and those remaining valid portions of the text shall remain in full force and effect if same can be accomplished 2

16 without the structure of the Ordinance having been destroyed by the elimination of that word, phrase, portion or provision found to be invalid or void. DULY ENACTED AND ORDAINED this 16th day of June, 2014, by the Council of the Borough of Emmaus, Lehigh County, Pennsylvania, in lawful session duly assembled. ATTEST: BOROUGH OF EMMAUS Shane Pepe, Secretary By: Brian Holtzhafer, Acting Council President AND NOW, this 16th day of June, 2014, the above Ordinance is hereby APPROVED by the Mayor of the Borough of Emmaus in due course. By: Lee Ann Gilbert, Acting Mayor 3

17 BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, AMENDING ORDINANCE 1099 AND CHAPTER A OF THE EMMAUS BOROUGH CODE, ADDING RESIDENTIAL HANDICAPPED PARKING SIGNS ON THE PUBLIC STREET LOCATED IN FRONT OF 404 N. FIFTH STREET AND 556 RIDGE STREET WITHIN THE BOROUGH OF EMMAUS. WHEREAS, the Borough of Emmaus, Lehigh County, Pennsylvania, is authorized by the Pennsylvania Borough Code to establish parking restrictions on the public streets located within the Borough; and WHEREAS, Borough of Emmaus Ordinance 1099 and Chapter A of the Emmaus Borough Code establish handicapped parking restrictions on public streets within the Borough; and WHEREAS, the Borough Council of the Borough of Emmaus desires to amend Chapter A to add and remove certain handicapped parking spaces on Borough streets. NOW THEREFORE BE IT ORDAINED, that the Council of the Borough of Emmaus hereby authorizes the addition of the handicapped parking sign and assigned space at the following locations: 1. In the public street located in front of the address located at 404 N. Fifth Street. 2. In the public street located in front of the address located at 556 Ridge Street. BE IT FURTHER ORDAINED, that all existing Ordinances of the Borough or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed. BE IT FURTHER ORDAINED, that if any section or provision of this Ordinance is declared by any Court of competent jurisdiction to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect the constitutionality, legality or validity of this Ordinance as a whole, nor the constitutionality, legality or validity of any other section or provision of this Ordinance other than the one so declared to be unconstitutional, illegal or invalid.

18 Ordinance No Page 2 DULY ADOPTED this 21st day of July, 2014, in lawful session duly assembled. Shane M. Pepe Borough Manager Lee Ann Gilbert President Borough Council AND NOW, this 21st day of July, 2014, the above Ordinance is hereby APPROVED by the Mayor of the Borough of Emmaus in due course. Winfield Iobst Mayor Borough of Emmaus

19 BEFORE THE BOROUGH COUNCIL OF THE BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 15, SECTION 403, AND ESTABLISHING THAT PARKING SHALL BE PROHIBITED AT ALL TIMES IN A CERTAIN LOCATION ON SOUTH FOURTH STREET. WHEREAS, the Borough Council of the Borough of Emmaus has established, through its Codified Ordinances, that parking shall be prohibited at all times in certain locations throughout the Borough; and WHEREAS, the Borough Council now deems it appropriate and in the best interest of the public health, safety and welfare of the community to add an additional location to those no parking areas already set forth at Chapter 15, Section 403 of the Codified Ordinances; NOW, THEREFORE, be it hereby ORDAINED and ENACTED that the following location on South Fourth Street shall be added to Chapter 15, Section 403 in the Emmaus Borough Codified Ordinances. Section 403. Parking Prohibited at All times in Certain Locations. Parking shall be prohibited at all times in the following location(s): Street Side Location South Fourth Street East and West Bridge located between Railroad Street and Jubilee Street And be it FURTHER ORDAINED and ENACTED that the officers and employees of the Borough are hereby empowered and directed to erect such signs as may be necessary to notify the public of this Ordinance, and to issue citations for violations thereof, pursuant to the Codified Ordinances of the Borough and the Motor Vehicle Code. DULY ADOPTED this 21st day of July, 2014, in lawful session duly assembled. SHANE M. PEPE Borough Manager LEE ANN GILBERT Borough Council President

20 Ordinance No Page 2 AND NOW, this 21st day of July, 2014, the above Ordinance is hereby APPROVED by the Mayor of the Borough of Emmaus. WINFIELD IOBST, Mayor Borough of Emmaus

21 BEFORE THE BOROUGH COUNCIL OF THE BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE AUTHORIZING THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA, TO JOIN WITH OTHER POLITICAL SUBDIVISIONS AS A MEMBER OF THE SUSQUEHANNA MUNICIPAL TRUST, TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE PURPOSE OF JOINING THE TRUST AND TO PARTICIPATE AS A MEMBER OF THE TRUST. PREAMBLE A. A number of political subdivisions within Lehigh County, Pennsylvania, have investigated whether it would be mutually beneficial to cooperate with each other in obtaining workers' compensation insurance. B. The Susquehanna Municipal Trust (the "Trust") has been established for the purpose of (i) seeking the prevention or lessening of claims due to injuries of employees of the Trust's members and (ii) pooling workers' compensation and occupational disease insurance risks, reserves, claims and losses and providing self-insurance and reinsurance therefore. C. The Trust is established pursuant to an intergovernmental cooperation agreement entitled the Susquehanna Municipal Trust - Trust Agreement ("the Agreement"). D. Pursuant to the provisions of Chapter 23, Subchapter A, Intergovernmental Cooperation, of the General Local Government Code, 53 Pa. C.S. 2301, et seq.( Intergovernmental Cooperation Law ), a municipality may enter into an intergovernmental cooperation agreement upon the passage of an Ordinance by its governing body. NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Borough Council (the "Governing Body") of the Borough of Emmaus, Lehigh County, Pennsylvania (the "Political Subdivision"), as follows: 1. The caption and Preamble of this Ordinance set forth above are incorporated herein by reference. 2. This Political Subdivision hereby approves entering into the Agreement, a copy of which is attached hereto and incorporated herein by reference (and which shall be filed with the minutes of the meeting at which this Ordinance was enacted), with the intent and effect that this Political Subdivision shall be bound by the Agreement and shall join and participate in the Trust.

22 Ordinance No Page 2 3. The President or Vice-President of the Governing Body, acting alone or together with the Secretary or Assistant Secretary, are hereby authorized and directed on behalf of the Political Subdivision, (i) to execute and deliver the Agreement, and (ii) to execute and deliver such additional instruments, and to take such further actions, as may be necessary or appropriate to carry forth the Agreement and the transactions to be effected under the Agreement, including payment to the Trust of such amounts as are due by the Political Subdivision pursuant to the Agreement. 4. The Governing Body of the Political Subdivision is hereby authorized to take such other action as may be necessary or appropriate to carry out the purposes of this Ordinance and of the Agreement. 5. As required by the Pennsylvania Intergovernmental Cooperation Act, the following matters are specifically found and determined: (a) The conditions of the Agreement are set forth in the Agreement. (b) This Political Subdivision shall participate in the Trust for a minimum initial term of two (2) years as set forth in the Agreement. (c) The purpose and objectives of the Agreement are as set forth in the Preamble of this Ordinance and in the Agreement; (d) The manner and extent of financing the Agreement are that (i) no borrowing will be required by the Political Subdivision, (ii) funds to implement the Political Subdivision's obligations under the Agreement shall come from normal and usual budgeted amounts for such matters, and (iii) other provisions governing the manner and extent of the financing of the Trust shall be as set forth in the Agreement; (e) The Trust shall be managed by its own Plan Committee and Board of Trustees pursuant to the terms of the Agreement; (f) All property, real or personal, of the Trust, shall be acquired, managed, licensed or disposed of by the Trust in accordance with the terms of the Agreement; and (g) The Trust created by the Agreement shall be empowered to enter into contracts for policies of group insurance and employee benefits, including social security, pursuant to the terms of the Agreement. 6. The provisions of this Ordinance are severable and if any section, sentence, clause or part or provision hereof shall be held to be illegal, invalid or unconstitutional by any court of

23 Ordinance No Page 3 competent jurisdiction, such decision of the court shall not affect the remaining sections, clauses, parts or provisions of this Ordinance. It is hereby declared to be the intent of the Political Subdivision that such Ordinance would have been enacted if such illegal, invalid or unconstitutional section, sentence, clause, part or provision had not been included herein. 7. Nothing contained in this Ordinance shall be construed to affect any suit or proceeding in any court, or any rights acquired or liability incurred, or any cause of action existing prior to the enactment of this Ordinance. 8. This Ordinance shall become effective immediately upon enactment hereof. DULY ORDAINED AND ENACTED this 21st day of July, 2014, by the Borough Council of the Borough of Emmaus, Lehigh County, Pennsylvania. BOROUGH OF EMMAUS Attested by: Shane M. Pepe Borough Manager By: Lee Ann Gilbert Council President (SEAL) AND NOW, this 21st day of July, 2014, the above Ordinance is hereby APPROVED by the Mayor of the Borough of Emmaus. Winfield Iobst Mayor

24 BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE AMENDING THE BOROUGH OF EMMAUS ZONING ORDINANCE OF 1993, AS AMENDED, TO ADD DEFINITIONS FOR BREW PUB AND CRAFT BREWERY; PROVIDE FOR BREW PUB AND CRAFT BREWERY USES AS CONDITIONAL USES IN THE HIGHWAY COMMERCIAL (B-H), LIGHT INDUSTRIAL (I-L) AND CENTRAL COMMERCIAL (B-C) ZONING DISTRICTS; AND PROVIDE USE, BULK AND PERFORMANCE REGULATIONS FOR BREW PUB AND CRAFT BREWERY USES. SECTION 1: STATEMENT OF LEGISLATIVE FINDINGS WHEREAS, pursuant to the Borough Code and the Pennsylvania Municipalities Planning Code, both as amended, the Borough of Emmaus (hereinafter, Borough ) has adopted a comprehensive Zoning Ordinance; and WHEREAS, Borough Council (hereinafter, Council ) acknowledges and concurs with opportunities afforded through the Pennsylvania Municipalities Planning Code, as amended, as the means and methodology to promote and allow smart growth and to enhance commercial development opportunities in the Borough; and WHEREAS, the Borough has developed successfully a vibrant and innovative, downtown community which attracts unique businesses and enhances the quality of life; and WHEREAS, the development of the Borough s downtown and commercial districts create substantial revenue for the Borough; and WHEREAS, new and innovative businesses relating to the art of craft brewing are increasingly popular and attract visitors and customers to the municipalities in which they are located; and WHEREAS, Council wishes to authorize both craft breweries and brew pubs, recognizing that a craft brewery may contain a brew pub, and that in other circumstances the brew pub may stand alone with the associated, craft brewery located off-site; however under all circumstances it is Council s desire that both a brew pub and a craft brewery be in common ownership; and WHEREAS, Council desires to attract such businesses and to ensure that they are located in appropriate zoning districts and subject to appropriate regulation; and 1

25 Ordinance No WHEREAS, Council desires to draw a clear distinction between business uses related to the art of craft brewing and more traditional uses such as taverns, night clubs and restaurants. NOW THEREFORE, Borough Council does hereby enact and ordain as follows: SECTION 2: TEXT AMENDMENT Chapter 27 of the Codified Ordinance of the Borough of Emmaus, titled ZONING is hereby amended as follows: 1. Part 2, Definitions, Section 202, titled Terms Defined, is hereby amended to add the following definitions: BREW PUB A restaurant owned, operated and maintained by the owner(s) of a craft brewery which, in addition to food, sells or dispenses craft brewery product manufactured by the brew pub owner or a craft brewery in common ownership with the brew pub owner. Such sales may include the sale of craft brewery product for on-site and off-site consumption as well as off-site wholesale distribution. It is not necessary that the craft brewery product be manufactured on-site; however, the product may be manufactured on-site and dispensed from storage tanks or other vessels directly to consumers. To constitute a brew pub, the total beverage alcohol volume sold shall be in craft brewery product manufactured by the brew pub or craft brewery owner(s). A brew pub shall meet all applicable licensing requirements of governmental agencies. CRAFT BREWERY A small, independent brewery that manufactures beer, lager beer, ale, porter or similar fermented malt beverage, including alcoholic cider and containing no less than one-half of one per centum or more of alcohol by volume, and whose flavor derives from traditional or innovative brewing ingredients and their fermentation. The manufacture of craft brewery product shall not exceed 40,000 barrels annually. Permitted activities of a craft brewery may include a brew pub and a tap room for the purpose of tasting, or otherwise sampling, and promoting the sale of its craft beers to consumers. A craft brewery may offer its product for retail and wholesale distribution. A craft brewery shall meet all applicable licensing requirements of governmental agencies. 2. Part 3, Districts, Section 306, titled Table of Permitted Uses by Zoning District, is hereby amended to add Brew Pub and Craft Brewery as conditional uses in the Highway Commercial (B-H), Light Industrial (I-L) and Central Commercial (B-C) Zoning Districts under the classification of COMMERCIAL USES. Existing page 536, of the Codified Ordinance, the same being the relevant page of the Table of Permitted Uses by Zoning District is deleted in its entirety and Exhibit A is substituted therefore. 2

26 Ordinance No Part 4 Additional Requirements for Specific Uses, Section 402, titled Additional Requirements for Specific Principal Uses is amended to add the following: ZZ. Brew Pub. A Brew Pub, as defined herein, is a conditional use and as such shall meet all of the requirements of a Conditional Use under Sections 118 and 120 of this Ordinance as well as all other applicable Ordinance requirements of the District(s) in which the use is located. For the purpose of parking, a Brew Pub shall meet, in addition to all other applicable requirements of Part 6 of this Ordinance, the specific parking requirements for a Restaurant. The definition notwithstanding, in the Central Commercial (B-C) Zoning District, a Brew Pub shall be limited to the production of 15,000 gallons of craft brewery product annually. AAA. Craft Brewery. A Craft Brewery, as defined herein, is a conditional use and as such shall meet all of the requirements of a Conditional Use under Sections 118 and 120 of this Ordinance as well as all other applicable Ordinance requirements of the District(s) in which the use is located. For the purpose of parking, a Craft Brewery shall meet, in addition to all other applicable requirements of Part 6 of this Ordinance, the specific parking requirements for a Tavern or Nightclub. The definition notwithstanding, in the Central Commercial (B-C) Zoning District, a Craft Brewery shall be limited to the production of 15,000 gallons of craft brewery product annually. SECTION 3: EFFECTIVE DATE This Ordinance shall become effective after enactment by the Council of the Borough of Emmaus and mayoral approval. SECTION 4: PROTANTO REPEAL Unless otherwise specifically stated in this Ordinance, all ordinances in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 5: SAVINGS CLAUSE To the extent that any word, portion or provision of the text hereof is found by any court of competent jurisdiction to be invalid or void on constitutional or other grounds, such word, phrase, portion or provision shall, if possible, be deemed to be repealed and those remaining valid portions of the text shall remain in full force and effect if same can be accomplished without the 3

27 Ordinance No structure of the Ordinance having been destroyed by the elimination of that word, phrase, portion or provision found to be invalid or void. DULY ENACTED AND ORDAINED this 2nd day of September, 2014, by the Borough Council of the Borough of Emmaus of Lehigh County, Pennsylvania, in lawful session duly assembled. BOROUGH OF EMMAUS BY: Lee Ann Gilbert, Council President ATTEST: Shane Pepe Secretary AND NOW, this 2nd day of September, 2014, the above Ordinance is hereby APPROVED by the Mayor of the Borough of Emmaus in due course. Winfield Iobst, Mayor Borough of Emmaus 4

28 (27, 306(2), cont d) (27, 306(2), cont d) TYPES OF USES (See Definitions in Part 2) BUISNESS DISTRICTS B-L B-H I-L B-C COMMERCIAL USES, CONTINUED Auto, boat or manufactured homes sales ( 402)[Ord.940] N SE N N Bakery P P P P Bed and breakfast use ( 402) P P P P Betting use N SE N N Beverage distributor P P P P Brew Pub N C C C Billboard (see 1 off-premises signs in 708) N SE N N Business services P P P P Bus terminal, intercity, as a principal use ( 402) N N P N Car wash ( 402) P P P N Commercial outdoor recreation (includes miniature golf course, golf driving range) P P P N Commercial indoor recreation (includes bowling alley, roller or ice skating, batting practice and closely similar uses, but not including an amusement arcade ) P P P P Construction company headquarters/storage P P P P Convenience store P P N N Communications antennae, commercial ( 402) N SE SE N Craft Brewery N C C C Custom crafts or artisan s studio P P P P Exercise club P P P SE Financial Institution ( 402) which may include drive-through service P P P SE Flea market P P P P Funeral home with thirty thousand (30,000) square feet minimum lot area P P P P Heliport (except as provided under accessory uses in this table) N N N N P = Permitted by right (zoning decision by Zoning Officer) C = Conditional use (zoning decision by Borough Council with review by Planning Commission) SE = Special exception use (zoning decision by Zoning Hearing Board) N = Not Permitted ( 402) = See additional requirements in 402 ( 403) = See additional requirements in Restricted to lots adjacent (see definition) to residential districts Page Revised 8/18/2014 EXHIBIT A

29 BEFORE THE BOROUGH COUNCIL OF THE BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 15, SECTION 201, ESTABLISHING A MAXIMUM SPEED LIMIT ON A PORTION OF NORTH SEVENTH STREET, AND SECTION 210, ESTABLISHING A RIGHT TURN ONLY DURING CERTAIN HOURS ON SCHOOL DAYS FROM PINE STREET TO MACUNGIE AVENUE WHEREAS, the Borough Council of the Borough of Emmaus, Lehigh County, Pennsylvania has established, through its Codified Ordinances, that maximum speed limits are established on portions of specific streets; and WHEREAS, the Borough Council now deems it appropriate and in the best interest of the public health, safety and welfare of the community to add an additional speed limit on a certain street in the Borough; WHEREAS, the Borough Council has established, through its Codified Ordinances, that turning at certain intersections may be prohibited or restricted; and WHEREAS, the Borough Council now deems it appropriate and in the best interest of the public health, safety and welfare of the community to add an additional turning restriction at a certain street in the Borough; NOW, THEREFORE, be it hereby ORDAINED and ENACTED that the following location on North Seventh Street shall be added to Chapter 15, Section in the Emmaus Borough Codified Ordinances. Section 201. Maximum Speed Limits Established on Certain Streets. 1. Maximum speed limits are established on portions of specified streets, as follows, and it shall be unlawful for any person to drive a vehicle, on any part of a street where a maximum speed limit applies, at a higher speed than the maximum prescribed for that part of the street. The speed limit shall be twenty-five (25) miles per hour with the exception of the highways listed below: Add: Street Between Maximum Speed Limit North Seventh Street Lawrence Drive 15 MPH and Donald Drive Donald Drive North Seventh St. 15 MPH and Macungie Ave.

30 Ordinance No Page 2 And be it FURTHER ORDAINED and ENACTED that the following location on Pine Street shall have a turning restriction from 7:00 AM 8:00 AM on days in which the Emmaus High School is in session and shall be added to Chapter 15, Section in the Emmaus Borough Codified Ordinances. Section 210. Right Turns Only Permitted at Certain Intersections. 1. It shall be unlawful for the driver of any vehicle, traveling upon the first-named street at any of the following intersections, in the direction or directions indicated in each case, to make other than a right turn, at any time stated, both left turns and straight-across traffic being prohibited. Add: Not to make left turns into or travel Vehicles Traveling on Direction of Travel Times straight across Pine Street East 7:00 AM - Macungie Ave 8:00 AM School Days (Emmaus High School in session) And be it FURTHER ORDAINED and ENACTED that the officers and employees of the Borough are hereby empowered and directed to erect such signs as may be necessary to notify the public of this Ordinance, and to issue citations for violations thereof, pursuant to the Codified Ordinances of the Borough and the Motor Vehicle Code. DULY ADOPTED this 15th day of September, 2014, in lawful session duly assembled. SHANE M. PEPE Borough Manager LEE ANN GILBERT Borough Council Vice President

31 Ordinance No Page 3 AND NOW, this 15th day of September, 2014, the above Ordinance is hereby APPROVED by the Mayor of the Borough of Emmaus. WINFIELD IOBST, Mayor Borough of Emmaus

32 BEFORE THE BOROUGH COUNCIL OF THE BOROUGH OF EMMAUS LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE AMENDING CHAPTER STANDING OR PARKING ON ROADWAY FOR LOADING OR UNLOADING AND A HANDICAPPED PARKING OF THE CODIFIED ORDINANCES WHEREAS, the Borough Council of the Borough of Emmaus has established, through its Codified Ordinances, that vehicle traffic is regulated and directed at certain locations throughout the Borough; and WHEREAS, the Borough Council recently adopted Ordinance 1099, amending numerous Sections of the Emmaus Borough Codified Ordinances; and WHEREAS, it is the intention of Borough Council to amend 408 of Chapter 15 of the Emmaus Borough Codified Ordinances to correct clerical errors in Ordinance 1099; and WHEREAS, Borough of Emmaus Ordinance 1099 and Chapter A of the Emmaus Borough Code establish Handicapped Parking restrictions on public streets within the Borough; and WHEREAS, the Borough Council of the Borough of Emmaus desires to amend Chapter A to remove certain Handicapped Parking spaces on Borough streets. NOW, THEREFORE, BE IT HEREBY ORDAINED AND ENACTED, that Chapter 15 of the Codified Ordinances is amended as follows: 408 as established by Ordinance 675 and amended by Ordinance 815 and Ordinance Standing or Parking on Roadway for Loading or Unloading. This entire Subsection shall be amended to read as follows: 408. Standing or Parking on Roadway for Loading and Unloading. It shall be unlawful for any person to stop, stand or park a vehicle (other than a pedalcycle) on the roadway side of any edge or curb of any street, except that standing or parking for the purpose of loading or unloading persons or property shall be permitted between the hours of 6:00 AM and 8:00 PM, and for no longer than necessary for loading or unloading. Such allotted times may be amended, only as adopted by Ordinance and listed hereafter: Allowed Times to Street Side Between Load and Unload (Reserved)

33 Ordinance No Page 2 BE IT FURTHER ORDAINED, that the Council of the Borough of Emmaus hereby authorizes the removal of the Handicapped Parking sign and assigned space at the following location: 1. In the public street located in front of the address located at 48 N. Sixth Street BE IT FURTHER ORDAINED, that the Borough Council authorizes the Director of Public Works and Chief of Police to remove all signs and street markings for the address listed above that indicate assignment of Handicapped Parking. BE IT FURTHER ORDAINED, that all existing Ordinances of the Borough or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed. BE IT FURTHER ORDAINED, that if any section or provision of this Ordinance is declared by any Court of competent jurisdiction to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect the constitutionality, legality or validity of this Ordinance as a whole, nor the constitutionality, legality or validity of any other section or provision of this Ordinance other than the one so declared to be unconstitutional, illegal or invalid. DULY ADOPTED this 6th day of October, 2014, in lawful session duly assembled. Shane M. Pepe Borough Manager Lee Ann Gilbert Borough Council President AND NOW, this 6th day of October, 2014, the above Ordinance is hereby APPROVED by the Mayor of the Borough of Emmaus in due course. Winfield Iobst, Mayor Borough of Emmaus

34 BEFORE THE BOROUGH COUNCIL OF THE BOROUGH OF EMMAUS, LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO AN ORDINANCE REPEALING SECTIONS 351 THROUGH 356 OF CHAPTER 1 OF THE CODIFIED ORDINANCES INVOLVING THE CIVIL SERVICE COMMISSION RULES AND REGULATIONS AND ADOPTING AMENDED RULES AND REGULATIONS WHEREAS, the Borough Council of the Borough of Emmaus has through its Codified Ordinances, established rules and regulations for the Civil Service Commission pursuant to 53 P.S. Sec et seq., and WHEREAS, the Borough Council deems it appropriate and in the best interests of the public health, safety, and welfare of the community to further define and describe the Commission s responsibilities, regulations, penalties, and violations; and WHEREAS, Borough Council deems it necessary to repeal Ordinance No. 906, as previously amended by Ordinance No. 933, by Ordinance No. 970, and by Ordinance No. 1016, involving Sections 351 through 356, and Ordinance 1095, and to adopt the amended Civil Service Rules and Regulations as hereinafter described; NOW THEREFORE, be it hereby ORDAINED and ENACTED that Sections 351 through 356 of Chapter 1 of the Codified Ordinances for the Borough of Emmaus, are hereby repealed for the Civil Service Commission, and are replaced with the amended Civil Service Rules and Regulations in the following manners: CHAPTER 1: DEFINITION OF TERMS Section 1.1: Definitions Unless otherwise expressly stated, the following words and phrases, wherever used in the Rules and Regulations, shall be construed to have the meaning indicated herein: Applicant Any individual who applies in writing to the Commission in response to a legally advertised notice of vacancy and/or examination for any position in the Police Department. Appointing Authority The Borough Council of the Borough of Emmaus, Lehigh County, Pennsylvania.

35 Borough Council The Borough Council of the Borough of Emmaus, Lehigh County, Pennsylvania. Certification The submission to the appointing authority pursuant to their request of three names taken from the eligibility list developed by the Civil Service Commission. Certification List The list of names of persons who have passed all civil service examinations, successfully completed the polygraph examination and background investigation, and have been certified by the Commission to be officially referred to Borough Council for consideration of employment. Chairperson The Chairperson of the Civil Service Commission of the Borough of Emmaus, Pennsylvania. Commission The Civil Service Commission of the Borough of Emmaus, Pennsylvania. Elector A duly qualified voter who is a constituent of the Borough of Emmaus. Eligible A person whose name is recorded on a current eligibility list or furlough list. Eligibility List The list of names of persons who have passed all civil service examinations for a particular position in the Police Department, but have not yet been administered a background investigation or polygraph examination. Examination The series of tests given to applicants to determine their qualifications for a position in the Police Department. Furlough List The list containing the names of persons temporarily laid off from positions in the Police Department because of a reduction in the number of officers. However, if the furloughed employee does not express his intent in writing to remain on the list, his name will be removed after two (2) years. Municipal Police Department Any municipal or governmental body Police Department from any state which has a selection process for its police officers equivalent to or similar to the Commonwealth of Pennsylvania s Civil Service Statute contained in the Borough Code. A Municipal Police Department shall not include school police, private police, part-time police, college or university police or any other Police Department which does not specifically meet the aforesaid definition of a Municipal Police Department (including Police Departments which do not have three or more officers and thus do not have a civil service requirement). Police Officer For purposes of the Rules and Regulations, an entry level sworn fulltime position in a Police Department. Position A particular job or assignment within the Police Department including, but not limited to juvenile, detective, canine officer, etc. These positions are not ranks and the position 2

36 is not protected by civil service. Assignment to a position shall be made by the Borough Council or its designee and the term of assignment shall be at will. Probationer An officer in the Police Department who has been appointed from an eligibility list, but who has not yet completed the work-test period. Rank A position of authority over other police officers. Ranks shall be designated by the Borough Council. Where the Borough Council has not designated a priority of ranks, the priority shall be the same as in the military (or paramilitary organization). Reduction in Rank A change to a different position or rank where the employee fulfilled all of the requirements of the Rules and Regulations for both the prior and current position or rank. However, a decrease in salary without a change to a different position or rank shall not necessarily constitute a reduction in rank. Removal The permanent separation of a police officer from the Police Department. Secretary The Secretary of the Civil Service Commission of the Borough of Emmaus, Pennsylvania. State Police Any Police Department of any state with general law enforcement powers over the state as a whole. Suspension The temporary separation without pay of a police officer from the Police Department. Vice Chairperson The person who shall serve in the absence of the Chairperson of the Civil Service Commission of the Borough of Emmaus, Pennsylvania. Section 1.2: Gender The words he, his, him and men when used in the Rules and Regulations represent both the masculine and feminine genders. CHAPTER 2: THE COMMISSION Section 2.1: Civil Service Commission The Commission shall consist of three Commissioners who shall be qualified electors of the Borough of Emmaus. Pursuant to the Borough Code, the Commissioners were originally appointed by the Borough Council to serve for the terms of two, four and six years, and as terms expire, Commissioners shall be appointed for terms of six years. 3

37 Any vacancy occurring on the Commission for any reason whatsoever shall be filled by the Borough Council for the unexpired term within the period of thirty (30) days after such vacancy occurs. Members of the Commission (or alternates), before entering upon the discharge of the duties of their office, shall take an oath or affirmation of office pursuant to 53 P.S.C.S (relating to form of oaths of office) to support the Constitution of the United States and of the Commonwealth of Pennsylvania and to perform their official duties with fidelity. No Civil Service Commissioner shall receive compensation. Section 2.2: Appointment and Duties of Alternate Members of the Civil Service Commission Borough Council may appoint no more than three (3) qualified electors of the Borough to serve as alternate members of the Commission. The term of the office of the alternate member shall be for six (6) years. An alternate may participate in any proceedings or discussions of the Commission but shall not be entitled to vote as a member of the Commission unless designated as a voting alternate member as hereinafter set forth. If by reason of absence or disqualification of a member a quorum is not reached, the Chair shall designate as many alternate members of the Commission to sit on the Commission as may be needed to provide a quorum. An alternate member of the Commission shall continue to serve on the Commission in all proceedings involving the matter or case for which the alternate was initially designated until the Commission has made a final determination of the matter or case. Designation of an alternate member pursuant to this section shall be made on a case by case basis in rotation according to declining seniority among the alternates. No action of the Commission may be valid unless it shall have the concurrence of at least two (2) members. Section 2.3: Offices Incompatible with Civil Service Commissioner No Commissioner shall at the same time hold an elective or appointed office under the United States government, the Commonwealth of Pennsylvania or any political subdivision of the Commonwealth, including the Borough of Emmaus, except that one member of the Commission may be a member of the teaching profession. Section 2.4: Organization of Commission; Quorum The Commission first appointed shall organize within ten days of its appointment and shall elect one of its members as the Chair, one as Vice Chair, and one as the Secretary. The Commission shall thereafter meet and organize on the first Monday of each even-numbered year. 4

38 Each Commissioner shall be notified in writing of each and every meeting. Three members of the Commission shall constitute a quorum and no action of the Commission shall be valid unless it shall have the concurrence of at least two members (or alternates). Section 2.5: Duties of Chairperson The Chairperson, or in his absence the Vice-Chairperson, shall preside at all meetings and hearings of the Commission, decide all points of order or procedure and perform any duties required by law or the Rules and Regulations. Section 2.6: Duties of Secretary The Secretary shall carry on at the direction of the Commission all official correspondence of the Commission, send out all notices required by law and the Rules and Regulations, keep a record of each examination or other official action of the Commission, and perform all other duties required by law or the Rules and Regulations. If the Secretary is unavailable, or if, in the sole discretion of the Chairperson, the Chairperson determines that it is appropriate to expedite the business of the Commission, the Chairperson may assume the ministerial duties of the Secretary. Section 2.7: Commission Meetings Except for the biannual organizational meeting, all other meetings shall be held either at the call of the Chairperson or at the call of two members of the Commission. All meetings shall be open to the public except as provided by applicable law. At least forty-eight (48) hours written notice of each public meeting shall be given to each member. Meeting notices to the public shall conform to law and the Rules and Regulations. The order of business of all Commission meetings shall include but not be limited to: A. Roll call B. Approval of minutes of previous meetings C. Public comment D. Unfinished business E. Hearing of cases F. New business G. Communications and reports Section 2.8: Clerks and Supplies 5

39 Borough Council shall furnish the Commission with supplies and clerical assistance as may be necessary for the Commission to fulfill its duties. In addition, the Commission shall select and retain counsel to serve as its Solicitor and any other consultants or experts, including physicians and psychiatrists/psychologists, as necessary. The elected and appointed officials of the Borough shall assist the Commission with all reasonable and appropriate expenses including payment of reasonable compensation for any counsel or experts retained by the Commission. Section 2.9: Amendment of Rules and Regulations The Commission may propose to amend, revise, void or replace the Rules and Regulations for any reason by action of a majority of the Commission at any properly convened meeting of the Commission. Before any changes to the Rules and Regulations become effective, those changes must be approved by the Borough Council. The Rules and Regulations, and any amendments thereto, shall be made available to the public for distribution or inspection. Section 2.10: Solicitor The Civil Service Commission shall appoint its own Solicitor whose fees shall be paid by the Borough. The Borough shall have the authority to place a reasonable limit on the amount allowed each year for the services of the Commission Solicitor. Section 2.11: Minutes and Records The Commission shall keep minutes of its proceedings and records of examinations and other official action. All recommendations of non-appointed applicants for appointment received by the Commission shall be kept and preserved for a period of five (5) years. All records for all appointed applicants shall be kept for the life of their appointment and five (5) years thereafter. All records and written causes of removal filed with the Commission, except as otherwise provided in Section 1191 of the Borough Civil Service Law, shall be open to public inspection and subject to reasonable regulation as hereinafter stated. Any and all records related to disciplinary action filed with the Commission shall only be open to public inspection upon completion of the disciplinary proceeding and a finding that at least one of the charges was sustained. Upon request of the police officer during the pendency of a disciplinary action, these records shall be open to public inspection subject to reasonable regulation. The Secretary shall keep minutes of its proceedings showing the vote of each member upon each question. If the member is absent or fails to vote, the Secretary shall indicate that fact in the minutes. Section 2.12: Investigations 6

40 The Commission shall have the power to initiate and conduct investigations concerning all matters relating to the administration and enforcement of the Rules and Regulations. The Chairperson of the Commission is authorized to administer oaths and affirmations in connection with such investigations. Section 2.13: Subpoenas The Commission shall have the power to issue subpoenas over the signature of the Chairperson, or his designee, to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of such witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expenses of the Commission. All officers in public service and employees of the Borough of Emmaus shall attend and testify when required to do so by the Commission. If any person shall refuse or neglect to obey any subpoena issued by the Commission, upon conviction of such refusal or neglect in a summary proceeding, that person shall be sentenced to pay a minimal fine of $ or a fine not to exceed the maximum penalty permitted by law and in default of the payment of such fine and cost shall be imprisoned not to exceed thirty (30) days. If any person shall refuse or neglect to obey any subpoena, the Commission may apply by petition to the Court of Common Pleas of Lehigh County for its subpoena, requiring the attendance of such persons before the Commission or the court to testify and to produce any records and papers necessary and in default thereof shall be held in contempt of court. Section 2.14: Annual Report The Commission shall make an annual report to the Borough Council containing a brief summary of its work during the year, which shall be available for public inspection. CHAPTER 3: APPLICATIONS AND QUALIFICATIONS FOR INITIAL EMPLOYMENT AS A POLICE OFFICER Section 3.1: Public Notice Public notice of the time and place of every examination, together with the information as to the rank to be filled, shall be given by publication once in a newspaper of general circulation, at least two (2) weeks prior to each examination, and a copy of the notice shall be prominently 7