[Adopted 2-12-2025 by Ord. No. 368-2025]
A.
Membership. The Open Space Committee shall consist of a maximum of seven members appointed by the Board of Supervisors, all of whom shall be residents of the Township, and which shall include within its membership one member of the Township Planning Commission, one member of the Township Park and Recreation Board, and one member of either the Township Environmental Advisory Council or Historical Commission.
B.
Terms. Members of the Open Space Committee shall serve for a term of three years, except that the initial appointments shall be so staggered that approximately 1/3 of the membership shall expire each year, and the terms of their successors shall be three years each.
C.
Vacancies. When a member of the Open Space Committee appointed as a member of the Planning Commission, the Park and Recreation Board, or either the Environmental Advisory Council or Historical Commission shall, for any reason, no longer be a member of such commission, board or council, such member shall also no longer continue as a member of the Open Space Committee, effective the end date of the membership on such commission, board, or council. When any such vacancy occurs, the Board of Supervisors shall appoint a replacement from the respective commission, board, or council the vacating member no longer serves. When any vacancies shall occur in the membership of the Open Space Committee, the Board of Supervisors shall fill such vacancies in the membership for the remaining unexpired term.
A.
The members of the Open Space 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.
B.
The secretary shall keep minutes of all of the Committee meetings and copies shall be provided to the Board of Supervisors and the Township Manager.
C.
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 Open Space Committee shall establish regular meeting dates and criteria for the calling of special meetings.
D.
The Open Space Committee shall reorganize as the first order of business in its initial meeting of each calendar year.
All members of the Open Space Committee shall serve without compensation but shall be entitled to reimbursements for necessary and reasonable expenses upon the approval of the Board of Supervisors.
The Open Space Committee shall have the following powers and duties:
A.
To identify, review, evaluate and rate the relative desirability of parcels of real estate.
B.
To make recommendations with respect to the price that the Township would pay for particular parcels of real estate.
C.
To submit recommendations to the Board of Supervisors for its consideration to acquire such interests in real property.
D.
To recommend to the Board of Supervisors review criteria and procedures for:
E.
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.
F.
Establish working relationships with land trusts, conservancies, non-profit organizations, and other groups that have an interest in protecting the Township's open space and natural resources.
G.
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.
H.
Review of proposed ordinance provisions that relate to the protection, preservation and management of open space in the Township.
I.
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.
J.
The Open Space Committee shall review and make a recommendation for every property where the expenditure of open space tax funds is considered pursuant to this article. The Committee may also evaluate properties for consideration for acquisition of real property rights using other funding sources (e.g., general fund, park, open space and recreation fee-in-lieu funds, or any other funds) for open space and preservation purposes as directed by the Board of Supervisors, which shall follow the same procedure for review as set forth by this article.
The Open Space 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 March 31 following the year for which the report applies, and said report to include a summary of the activities of the Open Space Committee with particular reference to the extent and adequacy of the program 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)
Types of real property (open space) interests to be acquired (such as fee simple, conservation easement, restrictive covenant agreement, or other).
(2)
Type of use of real property (open space) to be considered (such as passive recreation, active 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 interests, including but not limited to installment or other deferred basis.
C.
Proposed ordinance provisions that relate to the protection, preservation, and management of open space in the Township.
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 Committee, while authorized to establish such procedures, shall incorporate the following procedures and/or recommendations into its protocol:
A.
The Open Space Committee shall give due consideration to the Township's Comprehensive Plan, the Township Parks, Recreation, and Open Space Plan, other Township plans and studies related to land use and plannling 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 Open Space Committee shall retain qualified professional independent appraisers as the need for such expertise may arise.
C.
The Open Space Committee 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 Open Space Committee 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 Open Space Committee shall submit to the appropriate school district, in compliance with the Open Space Lands Acquisition and Preservation Act, a certified copy of all deeds reflecting acquisition by the Township of open space property interests pursuant to the Act.
F.
The Open Space Committee shall recognize that under the provisions of the Open Space Lands Acquisition and Preservation Act, the Township is not entitled to exercise the power of eminent domain.
G.
The Open Space Committee shall recognize the obligations of the Township for the resale of fee simple interests in open space acquired pursuant to the Open Space Lands Acquisition and Preservation Act and this chapter.
H.
The Open Space Committee shall recognize compliance with all other mandatory provisions of the Open Space Lands Acquisition and Preservation Act.
All members shall be required to sign and abide by the Township's social media policy. Failure to comply with the policy may result in removal from the Committee.