[HISTORY: Adopted by the Board of Supervisors
of the Township of Pennsbury 9-2-2003 by Ord. No. 2003-4. Amendments noted where
applicable.]
This chapter shall be known as the "Pennsbury
Township Preservation Of Open Space Benefits Ordinance."
It is the purpose of this chapter that Pennsbury
Township may take action to preserve land for open space benefits.
The Board of Supervisors of Pennsbury Township has deemed it important
for the Township to promote conservation of open space and natural
resources, including farmland, forests, water resources and watersheds,
undeveloped areas, scenic areas, and historic resources. The acquisition
and/or resale of real property interests authorized by this chapter
are hereby declared to be for the public benefit, for the advancement
of the public health, safety, morals and general welfare of the citizens
of Pennsbury Township, and for the promotion of sound land development
by preserving suitable open space, protecting and conserving natural
cover, preventing floods and soil erosion, and protecting water quality
and supplies.
For the purpose of this chapter, the following
definitions shall apply:
Any right in real property, improvements thereto or water,
whatsoever, including but not limited to a fee simple, development
right, easement, remainder, future interest, lease, license, restriction
or covenant of any sort, option or contractual interest or right concerning
the use of or power to transfer property.
The benefits to the residents of Pennsbury Township, through
the promotion of sound, cohesive and efficient land development and
by the preservation or restriction of the use of selected undeveloped
open space areas, including but not limited to the protection and
conservation of natural resources, including but not limited to natural
cover, soils, steep slopes, water sheds, streams, floodplains, or
marshes; the protection of scenic resources, including but not limited
to areas for public visual enjoyment from public rights-of-way; the
protection and conservation of forests and farmland; the preservation
of sites of historic, geologic or botanic interest; the protection
of existing or planned park, recreational or conservation sites.
Any interest in real property acquired hereunder for the
purpose of achieving open space benefits.
The establishment of this Board and the specific responsibilities,
procedures and review criteria of this Board shall be created by resolution.
The Board shall include one member of the Planning Commission, one
member of the Pennsbury Land Trust and three Pennsbury Township residents.
The purpose of the Open Space Review Board shall be to identify, review,
evaluate and rate the relative desirability of interests and submit
recommendations to the Pennsbury Township Board of Supervisors for
its consideration to acquire such interests in the real property.
Land uses which are not inconsistent with the achievement
of open space benefits.
The establishment of eased areas for visual access, programmed
access, educational access and/or trail access for passive or active
recreational, educational and public enjoyment that would otherwise
not be available.
The removal of development rights from specified lands so
that the development potential, which they represent, is removed.
Pennsbury Township shall not acquire any interest
in real property under provisions of this chapter unless real property
has been designated for open space in a Township resource, recreation
or land use plan.
Pennsbury Township Board of Supervisors shall by resolution establish a five-member Open Space Review Board responsible for reviewing Township parcels for open space benefits. This Open Space Review Board shall use such procedures and criteria as set forth in that resolution to identify, review, evaluate and rate the relative desirability of interests and submit recommendations to the Pennsbury Township Board of Supervisors for its consideration to acquire such property interests. Proceedings of the Board shall remain confidential until such time as the Board makes its recommendation to the Board of Supervisors pursuant to § 109-11 below.
A.
Pennsbury Township may acquire any interest in real
property by purchase, contract, condemnation, gift, devise or otherwise,
for any of the following purposes:
(1)
To protect and conserve farmland and undeveloped areas
of the Township;
(2)
To protect and conserve water resources and watersheds;
(3)
To protect and conserve forests, wildlife or other
environmentally significant area by controlling contiguous or nearby
lands in order to protect the scenic, aesthetic or watershed values
of the area;
(4)
To limit the use of real property so as to achieve
open space benefits.
B.
In the event of sale of any real property interest
acquired pursuant to this chapter, the net proceeds shall be used
solely for the forgoing purposes or for acquisition, maintenance and/or
repair of Township parkland, recreational or nature preserve sites.
Pennsbury Township, pursuant to this chapter,
may authorize the establishment of a program to purchase open space
property interests on an installment or other deferred basis. The
obligation of the Township to make payments on an installment or other
deferred basis shall not be subject to the requirements of § 602
(b) or (c) of the act of July 12, 1972 (P.L. 781, No. 185), known
as the "Local Government Unit Debt Act."[1] A landowner who enters into an installment agreement with
the Township shall receive, in addition to the selling price, interest
in an amount or at a rate set forth in the purchase agreement. Debt
pursuant to this chapter shall be retired on or before December 31,
2009.
[1]
Editor's Note: Said Act was repealed 12-19-1996
(P.L. 1158, No. 177). See now 53 Pa.C.S.A. §§ 8021
to 8029.
If development rights are acquired under this
chapter, they shall be retired so that the development potential,
which they represent, is removed from future use.
Pennsbury Township, under this chapter, shall
be authorized to acquire fee simple property interests in land to
be held for public purposes of, but not limited to, the establishment
of parks, recreational areas, conservation sites or nature preserves.
The use of the power of eminent domain by Pennsbury
Township to acquire interests in real property for the purposes of
this chapter shall be exercised in accordance with the provisions
of the Eminent Domain Code of the Commonwealth of Pennsylvania as
may be permitted by law.
Interests in real property to be acquired pursuant
to the provisions of this chapter shall be designated by the Pennsbury
Township Board of Supervisors upon recommendation of the Open Space
Review Board. After such designation, said interests shall not be
acquired until a public hearing is held to set forth the interests
to be acquired and their proposed open space benefits. In all cases
where a public hearing is held in accordance with this section, notice
to the public shall be given by publication one time at least 14 days
prior to the hearing in a newspaper of general circulation for the
Chester County area, and written notice shall be conspicuously posted
at the Township Building to notify potentially interested residents.
