Borough of Trappe, PA Chapter 53 Open Space and Environmental Resource Protection

[HISTORY: Adopted by the Borough Council of the Borough of Trappe as indicated in article histories. Amendments noted where applicable.]

Article I Adoption of Plan

[Adopted 6-6-1995 by Res. No. 95-10 (Part 9, Ch. 3, of the 1987 Code)]

§ 53-1 Background and findings.

A. The County of Montgomery has made available, under a grant program, monies for purchase of property for open space, park and recreational facilities in the Borough of Trappe; and

B. As a condition of the grant program, the Borough of Trappe is obligated to adopt an Open Space and Environmental Resource Protection Plan; and

C. The Planning Commission of the Borough of Trappe, with the aid and assistance of the Planning Commission of Montgomery County, has proposed an Open Space and Environmental Resource Protection Plan; and

D. The aforesaid Open Space and Environmental Resource Protection Plan has been presented to the public, at public hearings jointly held by the Borough of Trappe Planning Commission and the Borough Council, on two different occasions; and

E. There have been revisions to the said Open Space and Environmental Protection Plan as a result of the public meetings.

§ 53-2 Adoption of plan with certain conditions.

The Open Space and Environmental Resource Protection Plan as proposed by the Montgomery County Planning Commission and the Borough of Trappe Planning Commission is hereby adopted, subject to the following conditions:

A. The express intention of Borough Council is not to condemn any land for open space and environmental resource as set forth in the plan; and

B. If any property owner whose property is designated as open space and for environmental resource protection as set forth in the plan does not desire to sell the property to the Borough, the Borough will not seek to purchase the same in fee or for an easement.

§ 53-3 Council reserves certain rights.

Council reserves the right to amend and revise the plan by resolution to incorporate additional rights-of-way, easements, or property available for open space and environmental resource protection that would be compatible with the Open Space and Environmental Resource Protection Plan hereby adopted, and to delete such property or properties, in the future, by resolution, that are not otherwise compatible with the Open Space and Environmental Resource Protection Plan as the Plan is instituted hereafter.

§ 53-4 Council recognizes possible need for future review, modification and revision of plan.

Council recognizes that the Open Space and Environmental Resource Protection Plan is a planning tool that will be reviewed, modified, and revised to accommodate the objectives as set forth in the aforesaid Plan, and the realities of obtaining rights-of-way, easements, and properties for the development of the open space and environmental resource protection as set forth in the Plan.