[HISTORY: Adopted by the Board of Supervisors of the Township of
East Bradford 12-8-1998 by Ord. No. 6-1998.
Amendments noted where applicable.]
There is hereby created the East Bradford Township Open Space Review
Board which shall consist of five members appointed by the Board of Supervisors
of East Bradford Township, which may include one member of the Parks and Recreation
Board.
A.
The term of membership shall be five years, except as
originally established herein.
B.
The initial members of the Open Space Review Board shall
be appointed to terms of office as follows: one member for a term to expire
December 31, 1999; one member for a term to expire December 31, 2000; one
member for a term to expire December 31, 2001; one member for a term to expire
December 31, 2002; and one member for a term to expire December 31, 2003.
The Board of Supervisors shall fill vacancies in the term of membership
for the unexpired term.
A.
The Chairperson of the Open Space Review Board shall
be appointed by the Board of Supervisors until such time as the Open Space
Review Board members, by majority vote, elect their own Chairperson, and all
other necessary officers, including a Secretary. All officers shall be elected
for a period of one year, that period of office to be coterminous with the
calendar year.
B.
The Secretary shall keep minutes of all meetings of the
Open Space Review Board and make a copy of those minutes available to the
Board of Supervisors by providing a copy to the Township Secretary.
The Open Space Review Board shall adopt rules and regulations for the
conduct of its own meetings and business. Said rules and regulations shall
comply with all applicable statutory regulations, including but not limited
to the Sunshine Act.[1] The Open Space Review Board shall establish regular meeting dates
and criteria for the calling of special meetings.
[1]
Editor's Note: See 65 P.S § 271 et seq.
All members of the Board shall serve without compensation, but may be
reimbursed for necessary and reasonable expenses as approved by the Board
of Supervisors.
The Open Space Review Board shall have the following powers and responsibilities:
A.
To identify, review, evaluate and rate the relative desirability
of interests; establish the price the township will pay for particular parcels;
and submit recommendations to the Board of Supervisors for its consideration
to acquire such interests in the real property.
The Open Space Review Board shall submit the following information and
reports to the Board of Supervisors unless otherwise indicated herein:
A.
An annual report to the Board of Supervisors not later
than February 28 following the year for which the report applies, and said
report to include a summary of the activities of the Open Space Review Board
with particular reference to the extent and adequacy of the program and its
effectiveness in view of the public expenditure involved and the public objectives
to be met.
B.
Prepare and submit recommendations to the Board of Supervisors
regarding the following:
(1)
Type of real property (open space) interest to be acquired
(fee simple, conservation easement, other).
(2)
Type of use of real property (open space) to be considered
(passive, active, public access, public view, other).
(3)
Management, covenants and restrictions to be considered.
(4)
Establishment of a program to purchase open space property
interests on an installment or other deferred basis.
C.
Review proposed ordinance provisions that relate to the
protection, preservation and management of open space in the township.
D.
Coordinate with the Parks and Recreation Board and Planning
Commission by evaluating any property being considered for active recreation
or passive open space to effect program implementation.
Act 153 of 1996, and as amended,[1] requires that local government units establish procedures to review, rate and value open space interests as to their relative desirability. While the Board is authorized (in §§ 98-7 and 98-8 above) to establish such procedures, the following shall be reviewed and incorporated by the Open Space Review Board into its procedures and/or recommendations:
A.
Township Comprehensive Plan, Open Space, Recreation and
Environmental Resources Plan; other township plans and studies related to
land use and planning for the township; and the Chester County Comprehensive
Land Use Plan (Landscapes), and each as may be amended from time to time.
B.
Orderly engagement and use of qualified professional
independent appraisers.
C.
Recordation of each interest in real property acquired
by the township at the Chester County Office of Recorder of Deeds.
D.
Maintenance of records to be filed in the Township Building
of the interests in real property which have been reviewed and acquired by
the township.
E.
Submit to the West Chester Area School District, in compliance
with Act 153, a copy of the deed reflecting the open space property interests
acquired and certified by the Chester County Recorder of Deeds.
F.
Exercise of the power of eminent domain in carrying out
the provisions of the Act, through this chapter, is not permitted.
G.
Compliance with the Act regarding the termination or
sale of open space property interests acquired under the Act, through this
chapter.
H.
Compliance with all other provisions of
PA Act 153 of 1996, as amended.
[1]
Editor's Note: See 32 P.S. § 5001 et seq .
