[Amended 4-26-2021 by Ord. No. 248]
A. 
The Open Space Lands Acquisition and Preservation Act[1] (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."
[1]
Editor's Note: See 32 P.S. § 5001 et seq.
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.[2] The procedures adopted by the Board shall comply with the provisions of the Act.
[2]
Editor's Note: The New Garden Township Open Space Review Procedures are on file in the Township offices.
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,[3] as amended.
[3]
Editor's Note: Ord. No. 162 was amended by Ord. No. 178 and is on file in the Township offices.
E. 
The exercise of eminent domain in carrying out the provision of the Act is not permitted.