[Ord. No. 158, 5/6/2009; Ord. No. 166, 4/6/2011; Ord. No. 173, 3/7/2012]
1. 
There is hereby created an open space committee of the township.
2. 
The purpose of this part is to adopt an open space resources plan that provides criteria and procedures for identifying land that might be targeted for permanent protection as open space. The open space resources plan dated December 2, 2011, and attached hereto and incorporated herein applies these criteria to properties within the township and establishes a list of candidate parcels.[1]
[1]
Editor's Note: The township open space resources plan, dated 12/2/2011, is on file in the township offices.
3. 
The purpose of the open space committee is to secure the maximum feasible amount of permanently protected open space land within the township through a variety of public and private mechanisms, in concert with the future plans and policies of the township and its landowners.
[Ord. No. 158, 5/6/2009]
The committee shall consist of a maximum of seven members appointed by the board of supervisors of the township, all of whom shall be residents of the township.
[Ord. No. 158, 5/6/2009]
One-third of the members of the committee shall be elected each year. The terms of the members shall be for three years. The board of supervisors shall fill vacancies in the term of membership for the unexpired term.
[Ord. No. 158, 5/6/2009]
The members of the committee shall elect a chair, vice-chair and secretary who shall hold office for a period of one year, said year to run with the calendar year. The board of supervisors shall appoint the initial chairperson. Minutes shall be kept of all of the committee meetings and copies shall be provided to the board of supervisors and the township manager. All meetings will be properly advertised in accordance with statutory requirements, including, but not limited to, the "Sunshine Act," 65 Pa.C.S.A. § 701 et seq. The committee shall establish regular meeting dates and criteria for the calling of special meetings.
[Ord. No. 158, 5/6/2009]
For the purpose of this part the following definitions shall apply:
INTEREST IN REAL PROPERTY
Any right in real property, improvements thereto or water, whatsoever, including, but not limited to, a fee simple, easement, remainder, future interest, transferable development right (TDR), lease, license, restriction or covenant of any sort, option or contractual interest or right concerning the use of or power to transfer property.
LAND TRUST
A nonprofit organization that is tax exempt under § 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)), is registered with the Pennsylvania Commission on Charitable Organizations and which has among its primary purposes the acquisition or conservation and preservation of interests in real property for the purpose of achieving open space benefits.
LOCAL LAND TRUST
A land trust incorporated by a local government unit.
OPEN SPACE BENEFITS
The benefits to the citizens of the commonwealth and its local government units which result from the preservation or restriction of the use of selected predominantly undeveloped open space or areas, including, but not limited to:
A. 
The protection and conservation of water resources and watersheds, by appropriate means, including, but not limited to, preserving the natural cover, preventing floods and soil erosion, protecting water quality and replenishing surface and ground water supplies;
B. 
The protection and conservation of forests and lands being used to produce timber crops;
C. 
The protection and conservation of farmland;
D. 
The protection of existing or planned park, recreation or conservation sites;
E. 
The protection and conservation of natural or scenic resources, including but not limited to soils, beaches, streams, flood plains, steep slopes or marshes;
F. 
The protection of scenic areas for public visual enjoyment from public rights of way;
G. 
The preservation of sites of historic, geologic or botanic interest;
H. 
The promotion of sound, cohesive, and efficient land development by preserving open spaces between communities.
OPEN SPACE PROPERTY INTERESTS
Any interest in real property acquired hereunder for the purpose of achieving open space benefits.
RELATED EXPENSES
Incidental expenses incurred as transactional fees in the acquisition of interest in real property for the purpose of achieving open space benefits, including, but not limited to, costs of appraisals, legal services, title searches, document preparation, title insurance, closing fees and survey costs.
[Ord. No. 158, 5/6/2009]
1. 
The committee shall have the following powers and duties:
A. 
Prepare and maintain a mission and objectives statement.
B. 
Prepare and maintain the open space resources plan.
C. 
Identify, review, evaluate and rate the relative desirability of interest in real property to be acquired by the township; submit recommendations to the board of supervisors for its consideration to acquire such interests in real property; recommend the transfer of open space property interests to a land trust or local land trust; and recommend township appropriations to a land trust or local land trust for the acquisition or conservation and preservation of interests in real property and the payment of related expenses.
D. 
As part of an overall township strategy, conduct landowner contacts to secure open space and greenway protection through acquisition, easement donation, and/or landowner agreements/commitments to land management techniques. Such protection may or may not be achieved with expenditure of township funds, and will include direct involvement in public land protection initiatives such as the Chester County Challenge Grant Program.
E. 
Work with township officials to establish a township land trust and develop a coordinated working relationship with the land trust to secure open space interests.
F. 
Develop conceptual plans for protection and management of open space areas and parcels in conjunction with other township committees and groups and outside agencies, as appropriate.
G. 
Establish working relationships with groups (e.g., White Clay Wild and Scenic Management Committee, Brandywine Conservancy, Natural Lands Trust, et al.) that have an interest in protecting the township's open space and natural resources.
H. 
Develop a public education and outreach campaign, using newsletter, website, information meetings, individual contacts, etc., for supporting the protection of open space within the township.
I. 
Review of proposed ordinance provisions that relate to the protection, preservation and management of open space in the township.
J. 
Coordinate with the environmental advisory council, parks and recreation board, historical commission and planning commission by evaluating any property being considered for active recreation or passive open space to effect program implementation.
[Ord. No. 158, 5/6/2009]
1. 
The committee shall submit the following information and reports to the board of supervisors as indicated:
A. 
An annual report to the board of supervisors no later than February 28 following the year for which the report applies, and said report to include a summary of the activities of the committee with particular reference to the extent and adequacy of the open space plan and its effectiveness in view of the public fund expenditures involved and the public objectives to be met.
B. 
Prepare and submit recommendations to the board of supervisors regarding the following:
(1) 
Type of real property (open space) interest to be acquired (fee simple, conservation easement, other).
(2) 
Type of use of real property (open space) to be considered (passive, active, public access, public view, other).
(3) 
Management, covenants and restrictions to be considered.
(4) 
Establishment of a program to purchase open space property interests on an installment or other deferred basis.
(5) 
Proposed ordinance provisions that relate to the protection, preservation and management of open space in the township.
[Ord. No. 158, 5/6/2009; Ord. No. 167, 4/6/2011]
1. 
The Open Space Lands Acquisition and Preservation Act (the "act"), as amended by Act 153 of 1996, specifically § 5007.2 of the Act, 32 P.S. § 5007.2, provides that: "A local government unit shall not acquire interests in real property pursuant to this act, unless that local government unit has by ordinance or resolution established procedures for reviewing open space property interests considered for acquisition by the local government unit, for rating the relative desirability of interests in particular parcels of real estate, and for establishing the price the local government unit will pay."
2. 
The board of supervisors of the township adopts the procedure set forth in the attached open space resources plan for the protection of open space, either by purchase of development rights, securing easements, or direct acquisition.[1]
[1]
Editor's Note: The open space resources plan is on file in the township offices.
3. 
Once the committee identifies a property for further investigation in accordance with the open space resources plan and recommends expenditure of township funds for acquisition and/or related expenses:
A. 
If the township agrees to commence the open space protection process, the supervisors shall adopt an appropriate resolution to proceed with the acquisition process or other expenditure.
B. 
If the township is acquiring an open space property interest, the price to be paid shall be established by an appraisal which shall include the highest and best use market value of the subject property. If easements are being purchased, a conservancy or land trust may assist with determining the property's market value subject to those restrictions. The difference between the property's appraised value and the market value with the restrictions or covenants shall determine the easement value.
C. 
If the township is acquiring an open space property interest, a memorandum of understanding shall be executed between the property owners and the township. This memorandum shall acknowledge a general understanding between the parties to acquire an open space interest in the property and the steps to be undertaken as part of this process. This memorandum shall include, but is not limited to, specifics pertaining to what property interest is to be acquired, the projected development rights, basic process by which the purchase price shall be determined.
D. 
If the property owners desire a second appraisal, a second appraisal may be ordered, at the expense of the property owners.
E. 
The property owners shall not be obligated to convey, nor shall the township be obligated to purchase, any property rights until such time as both parties have entered into an agreement of sale specifying the terms of the acquisition.
F. 
The township solicitor shall prepare or approve the agreement of sale, which shall include the terms and conditions of the easement agreement. The necessary parties to the agreement shall be the property owners, the township, and the entity that will hold any conservation easement. A conservancy, land trust or similar body may advise the township with respect to any appropriate restrictions, conditions, easements or like matters with respect to the property.
G. 
It shall be the responsibility of the property owners to consult with their personal legal, tax or other advisors at their own expense.
H. 
All related expenses associated with the acquisition of the 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. 143, adopted December 15, 2007 (chapter 24, part 2), as from time to time amended.
I. 
Exercise of the power of eminent domain in carrying out the provisions of this act through this part is not permitted.
J. 
Compliance with all other provisions of PA Act 153 of 1996, 32 P.S. § 5001 et seq., as amended.
4. 
In addition to the procedures outlined in the open space resources plan and above, the following shall be reviewed and incorporated by the committee into its procedures and/or recommendations:
A. 
Recordation of each interest in real property acquired by the township in the county office of recorder of deeds.
B. 
Maintenance of records to be filed in the township building of the interests in real property which have been reviewed and acquired by the township.
C. 
Submission to the Avon Grove School District, in compliance with Act 153, a copy of the deed reflecting the open space property interests acquired and certified by the county recorder of deeds.
D. 
In the event the township desires to transfer or dispose of an open space property interest, the township must comply with the requirements of Act 153.
E. 
The committee's scope is limited only to properties located within the boundaries of the township, and shall not consider purchasing of "interests in real property" outside of the township.
[Ord. No. 158, 5/6/2009]
The township may appropriate money from the tax revenues generated by the additional earned income tax collected under the provisions of Ordinance No. 120 as from time to time amended to a land trust or a local land trust for the acquisition or conservation and preservation of interests in real property for the purpose of achieving open space benefits within the township. Money appropriated to a land trust or local land trust may be used for the payment of related expenses.