[Amended 4-26-2021 by Ord. No. 248]
A. The Open Space Lands Acquisition and Preservation Act (the "Act"), as amended by Act 153 of 1996, specifically
§ 5007.2 of the Act, provides that: "A local government
shall not acquire interest in real property pursuant to this Act,
unless that local government has established, by ordinance or resolution,
the procedures for reviewing open space properties interest considered
for acquisition by a local governmental unit, for rating the relative
desirability of the interest in particular parcels of real estate,
and for establishing the price the local government will pay."
B. The Board of Supervisors of New Garden Township shall establish the
procedure for the protection of open space, either by purchase of
development rights, securing easements, or direct acquisitions, by
resolution adopted at a duly advertised public meeting. The procedures adopted by the Board shall comply with
the provisions of the Act.
C. It shall be the responsibility of a property owner to consult with
their own personal legal, tax, or other advisors at their own expense.
D. All reasonable costs associated with the acquisition of open space
easements and/or fee interests acquired pursuant to the Act may be
paid from the tax revenues generated by the additional earned income
tax collected under the provisions of Ordinance No. 162, as amended.
E. The exercise of eminent domain in carrying out the provision of the
Act is not permitted.