[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.]
There is hereby created the West Brandywine
Township Trails and Open Space Review Commission , which shall consistent
of nine appointed members.
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.
The Board of Supervisors shall fill the term
of the membership for the unexpired term.
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.
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.
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.
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.
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.
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.
