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:
(1) Reviewing various open space property interests;
(2) Rating the relative desirability of interests in particular parcels
of real property; and
(3) Establishing the recommended price for the Township to pay for acquisition
of real property interests.
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.