[HISTORY: Adopted by the Board of Supervisors
of the Township of Pennsbury 9-5-1995. Amendments noted where applicable.]
A.
Pennsbury Township is located in the southeast corner
of Chester County just north of the Delaware state line and just west
of Delaware County, Pennsylvania. Historically Pennsbury has been
an agricultural and livestock breeding community.
B.
The preservation of Pennsbury's open, rural atmosphere
and its rich historic context is of great importance to the Township.
C.
The Township has accommodated its fair share of residential
and commercial development and has established in its zoning and subdivision
ordinances, reasonable provisions for future development.
D.
The Pennsylvania Legislature has strongly fostered
the preservation of agricultural uses within Pennsylvania by enacting
the Agricultural Area Security Act ("AASA"), 3 P.S. § 901
et seq., in which it is stated:
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"It is the declared policy of the Commonwealth
to conserve and protect and to encourage the development and improvement
of its agricultural lands for the production of food and other agricultural
products. It is also the declared policy of the Commonwealth to conserve
and protect agricultural lands as valued natural and ecological resources
which provide needed open spaces for clean air, as well as for aesthetic
purposes."
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E.
The AASA provides for the purchase by counties of
development rights of properties located within established agricultural
security areas, but does not provide for the appropriation of funds
for local municipal acquisition of such rights.
F.
Pennsbury Township has strongly encouraged property
owners to participate in the preservation of agricultural lands, open
space reserves, historic settlements, restrictive covenants, and conservation
easements.
G.
Funding the purchase of development rights by Chester
County is severely limited, so that, under all foreseeable circumstances,
only a minor portion of the lands within the Township will be truly
protected against development by restrictive covenant, easement, or
similar legal instrument.
H.
The Chester County Board of Commissioners has established
the Chester County Heritage Park and Open Space Municipal Grant Program,
and the Township has participated in this program by, inter alia,
appointing a Township open space task force ("OSTF") and the Township's
Open Space, Recreation and Environmental Resources Plan ("Plan")[1].
I.
The Plan contains the following goals and objectives:
(1)
Develop standards and techniques by which to guide
and encourage the conservation of land including acquisition by the
Township (page 25).
(2)
Preserve and protect the natural and scenic resources
of the Township (pages 25-26).
(3)
Preserve the scenic resources of the Township by encouraging
donations of scenic easements in cooperation with local conservation
organizations (page 26).
J.
The Plan contains the following specific recommendations:
(1)
Establish a funding program to assist landowners with
burdens of planning, design, and open space management costs where
permanent Township open space resources protection objectives are
achieved (page 64).
(2)
Encourage private land conservation through public
education of incentives such as federal income, gift, and estate tax
reductions (pages 64-65).
(3)
Encourage private land stewardship efforts and the
foundation of a landowners' cooperative program (page 64).
K.
Several citizens of the Township have volunteered
to be founders and initial directors of a nonprofit entity to be called
the Pennsbury Land Trust ("Trust"), with the following mission:
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"To provide an organization that can serve the
needs of Pennsbury Township in the preservation, conservation and
stewardship of open space including important agriculturally productive
lands and natural areas. To assist the Supervisors and Planning Commission
in decisions regarding open space planning and acquisition. To provide
assistance to landowners in the Township who wish to pursue conservation
objectives in their long and short term plans for their properties.
To establish an 'Endowment Fund' to provide operating revenue for
stewardship and planning activities. To serve as a liaison with conservation
and historic preservation organizations and promote the services that
they can offer, such as the Brandywine Conservancy and the Brandywine
Valley Association. To purchase development rights and to accept lands
and conservation easements from donors, including developers, that
are required to be set aside by subdivision regulation and establish
management procedures with homeowners associations. To work with the
Township staff in efforts to better manage and improve existing open
space areas and trails."
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L.
The activities of the Trust, if effectively implemented,
will constitute a critical element of implementation of the Plan's
recommendations by permanently preserving agricultural areas and other
natural and historic resources within the Township, thereby protecting
the health, safety and welfare of the citizens of the Township and
carrying out the stated public policy of the Commonwealth of Pennsylvania
"to conserve and protect agricultural lands as valued natural and
ecological resources which provide needed open spaces for clean air,
as well as for aesthetic purposes."
The Township Board of Supervisors acknowledges
that the support of the Trust is in the best interest of the citizens
of Pennsbury Township and is expedient and necessary to the proper
care of the Township's best interests and for the maintenance of the
welfare of the Township and its citizens and for the promotion and
support of agricultural activities, being a significant part of the
commerce and trade of the Township; and the Board hereby specifically
authorizes the following:
A.
The Township shall be hereafter authorized to enter
into such contractual arrangements with the Trust as the Supervisors
shall deem to be in the Township's best interests;
B.
The Township shall hereafter be authorized to provide
financial assistance to the Trust, in the form of annual or special
grants and/or in the form of loans, or partly in grants and partly
in loans, upon such terms and conditions as the Supervisors shall
deem to be in the Township's best interests; and
C.
The Township shall be hereafter authorized to provide
technical assistance, professional assistance and/or other services
to the Trust at such cost (including at no cost) as the Supervisors
shall deem to be in the Township's best interests.
