Township of West Brandywine, PA Chapter 29 Trails and Open Space Review Board

[HISTORY: Adopted by the Board of Supervisors of the Township of West Brandywine 10-5-2006 by Ord. No. 06-11; amended in its entirety 5-4-2023 by Ord. No. 2023-02. Subsequent amendments noted where applicable.]

§ 29-1 Creation; membership.

There is hereby created the West Brandywine Township Trails and Open Space Review Commission , which shall consistent of nine appointed members.

§ 29-2 Terms of appointment.

A. The terms of the appointed members shall be for three and five years.

B. The initial terms of members appointed upon enactment of this chapter shall remain consistent with the prior terms of the Open Space Review Board then in existence, including any then-vacant positions that may be filled pursuant to § 29-3 below. Terms shall be staggered and shall expire on December 31 of the applicable year of the respective term.

§ 29-3 Vacancies of terms.

The Board of Supervisors shall fill the term of the membership for the unexpired term.

§ 29-4 Election of officers.

A. The Board of Supervisors shall appoint the Chairperson of the Trails and Open Space Review Commission until such time as they elect their own Chairperson.

B. Upon electing of a Chairperson, the Trails and Open Space Review Commission shall then hold elections for the office of Vice-Chairperson and Secretary.

C. Officers shall be elected for a period of one year and run with the calendar year.

D. The Secretary shall keep minutes of all of the Trails and Open Space Review Commission meetings and provide copies to the Board of Supervisors and Township Secretary.

§ 29-5 Rules and regulations.

A. The Trails and Open Space Review Commission shall adopt bylaws for the conduct of its own meetings and business. Said bylaws shall comply with all applicable statutory regulations, including but not limited to the Sunshine Law.[1]

[1] Editor's Note: See 65 P.S. § 271 et seq.

B. Regular meeting dates and times shall be established.

§ 29-6 Compensation and reimbursement of expenses.

A. All members of the Trails and Open Space Review Commission shall serve without compensation.

B. The Trails and Open Space Review Commission shall receive reimbursements for the necessary and reasonable expenses upon approval by both the Township Manager and Board of Supervisors.

§ 29-7 Powers and duties.

The Trails and Open Space Review Commission shall have the following powers and responsibilities:

A. Identify, review, evaluate and rate the relative desirability of interests; establish the price the Township will pay for particular parcels; and, submit recommendations to the Board of Supervisors for its consideration to acquire such interests in the real property.

B. Recommend to the Board of Supervisors procedures for:

(1) Reviewing open space property interests.

(2) Rating the relative desirability of interests in particular parcels of real property.

(3) Establishing the price the Township will pay for acquisition of real property.

C. Review and recommend:

(1) Maintenance of Township-owned trails, organize Township volunteers to assist with trail maintenance, coordinate and assist custodians of non-Township-owned public trails, such as homeowners associations, conservancy groups and neighboring Township trails groups.

(2) Trail creation and improvements throughout the Township, trails and trail networks that may be occasioned by proposed subdivision and land development applications, and ordinances relating to trails or their use. The trail network shall include but not be limited to walking, hiking, horseback riding, biking, and cross-country skiing.

§ 29-8 Reports and recommendations.

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 February 28 following the year for which the report applies, and said report is 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 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.

C. Review proposed ordinance provisions that relate to the protection, preservation and management of open space in the Township.

D. Coordinate with the Parks and Recreation Board and Planning Commission by evaluating any property being considered for active recreation or passive open space to effect program implementation.

§ 29-9 Procedures for review, rating and valuation of open space.

Act 153 of 1996, and as amended, requires local government units to establish procedures to review, rate and value open space interests as to their relative desirability. While the Board is authorized to establish such procedures, the following shall be reviewed and incorporated by the Open Space Review Board into its procedures and/or recommendations:

A. Township Comprehensive Plan, 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 (landscapes) and each as may be amended from time to time.

B. Orderly engagement and use of qualified professional independent appraisers as approved by the Township Manager/Secretary/Treasurer.

C. Recordation of each interest in real property acquired by the Township at the Chester County Office of Recorder of Deeds.

D. 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.

E. Submit to the Coatesville Area School District, in compliance with Act 153, a copy of the deed reflecting the open space property interests acquired and certified by the Chester County Recorder of Deeds.

F. Exercise of the power of eminent domain in carrying out the provisions of the Act, through this chapter, is not permitted by the Open Space Review Board.

G. Compliance with the Act regarding the termination or sale of open space property interests acquired under the Act, through this chapter.

H. Compliance with all other provisions of PA Act 153 of 1996, as amended.

§ 29-10 Appropriation and expenditure of Township funds.

The Trails and Open Space Review Commission does not have any authority to expend Township funds. The Board of Supervisors may appropriate funds on an annual basis to support activities of the Trails and Open Space Review Commission. Any expenditures recommended by the Trails and Open Space Review Commission shall conform to the Township budget as well as all applicable Township ordinances, resolutions and federal and state laws governing purchases and expenditures. All expenditures shall be subject to preapproval by the Township Board of Supervisors.