[HISTORY: Adopted by the Board of Supervisors of the Township
of West Vincent 7-26-1999 by Ord.
No. 99. Amendments noted where applicable.]
A.
Establishment; membership. There is hereby created the West Vincent
Township Open Space Review Board, which shall consist of five members
appointed by the Board of Supervisors of the Township of West Vincent,
and which shall include within its membership one member of the Township
Planning Commission and one member of the Township Environmental Advisory
Council.
[Amended 5-15-2017 by Ord. No. 177]
B.
Terms.
(1)
The term of membership shall be five years, except as originally
established herein.
(2)
The initial members of the Open Space Review Board shall be appointed
to terms of office as follows:
(b)
One member who, at the time of appointment, shall be a member
of the Township Planning Commission, for a term to expire 12-31-2001;
(c)
One member who shall, at the time of appointment, be a member
of the Township Environmental Advisory Council, for a term to expire
12-31-2002;
(d)
One member for a term to expire 12-31-2003; and
(e)
One member for a term to expire 12-31-2004.
C.
Vacancies. When a member of the Open Space Review Board appointed
as a member of the Planning Commission or Environmental Advisory Council
shall, for any reason, no longer be a member of such commission or
council, such member shall also no longer continue as a member of
the Open Space Review Board, effective the end date of the membership
on such commission or council. When any vacancies shall occur in the
membership of the Open Space Review Board, the Board of Supervisors
shall fill such vacancies in the membership for the remaining unexpired
term.
[Amended 5-15-2017 by Ord. No. 177; 3-19-2018 by Ord. No. 181]
D.
Chairperson; secretary.
(1)
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, shall 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 coterminus with the calendar year. The Open Space Review Board
shall reorganize as the first order of business in its initial meeting
of each calendar year.
(2)
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 as a matter of course.
E.
Rules and regulations; meetings. 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 Pennsylvania
Sunshine Law.[2] The Open Space Review Board shall establish regular meeting
dates and criteria for the calling of special meetings.
[2]
Editor's Note: See the Sunshine Act, 65 Pa.C.S.A. § 701
et seq.
F.
Compensation and reimbursement of expenses. All members of the Open
Space Review Board shall serve without compensation but may be reimbursed
for necessary and reasonable expenses, as approved by the Board of
Supervisors.
General powers and responsibilities. The Open Space Review Board
shall have the following general powers and responsibilities:
A.
To identify, review, evaluate and rate the relative desirability
of parcels of real estate; to make recommendations with respect to
the price that the Township would pay for particular parcels of real
estate; to submit recommendations to the Board of Supervisors for
its consideration to acquire such interests in real property.
B.
To recommend to the Board of Supervisors procedures for:
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 March
31 following the year for which the report applies, 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.
Periodic recommendations to the Board of Supervisors regarding the
following:
(1)
Types of real property interests to be acquired (such as fee simple,
conservation easement, restrictive covenant agreement, or other).
(2)
Type of use of real property to be considered (such as active recreation,
passive recreation, agricultural land preservation, natural resources
preservation, or other).
(3)
Documentation to achieve the objectives for use and/or preservation
of specific parcels of real property.
(4)
Proposals for the purchase of specific open space property interest,
including but not limited to 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 Environmental Advisory Council and Planning Commission
by evaluating any property being considered for active recreation,
passive recreation, or other open space preservation uses.
Review, rating and evaluation of interests in open space lands.
The Open Space Lands Acquisition and Preservation Act, as amended
by Act 153 of 1996 (32 P.S. § 5001 et seq.), requires local
government units to establish procedures for the review, rating and
evaluation of interests in open space lands, reflecting the relative
preservation desirability of perspective open space parcels. The Open
Space Review Board, while authorized to establish such procedures,
shall incorporate the following procedures and/or recommendations
into its protocol:
A.
The Board shall give due consideration to the Township's Comprehensive
Plan, the Township 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
(known as the "Landscapes" Plan), as each may be from time to time
amended.
B.
The Board shall retain qualified professional independent appraisers
as the need for such expertise may arise.
C.
The Board and the Township Board of Supervisors shall record any
and all interests in the real property acquired by the Township at
the Chester County Recorder of Deeds Office.
D.
The Board shall maintain such records as are appropriate, including
but not limited to records of all interests in real property which
have been acquired by the Township.
E.
The Board shall submit to the Owen J. Roberts School District, in
compliance with the Act, a certified copy of all deeds reflecting
acquisition by the Township of open space property interests pursuant
to the Act.
F.
The Board shall recognize that under the provisions of the Act, the
Township is not entitled to exercise the power of eminent domain.
G.
The Board shall recognize the obligations of the Township for the
resale of fee simple interests in open space acquired pursuant to
the Act and this chapter.
H.
The Board shall recognize compliance with all other mandatory provisions
of the Act.
