[HISTORY: Adopted by the Mayor and Council of the Borough of Chester as indicated in article histories. Amendments noted where applicable.]
Article I Open Space Trust Fund
Article II Open Space Property and Facilities
[Adopted 12-17-2003 by Ord. No. 2003-20]
There is hereby established a reserve in the Borough's general capital fund which shall be now and designated as the "Open Space Trust Fund." A separate bank account shall be opened and maintained exclusively for this purpose.
Source of funds. The reserve for the Open Space Trust Fund shall be funded through the dedication to the Fund of an amount fixed at $0.01 per $100 of assessed valuation of each annual tax levy commencing with the year 2011. The Borough may also accept donations and testamentary bequests for inclusion in the Open Space Trust Fund. Any and all interest accrued shall remain in the reserve for the Open Space Trust Fund and may be utilized for the purposes thereof.
[Amended 4-5-2011 by Ord. No. 2011-6]
Use of funds. The funds accumulated within the Open Space Trust Fund may be used, as directed by the Borough Council, to acquire land, easements and/or development rights within the Borough of Chester for open space conservation or recreation purposes. Such funds may also be used for development of lands within the Borough of Chester acquired for open space conservation or recreation purposes; maintenance of lands within the Borough of Chester acquired for open space conservation or recreation purposes; and payment of debt service on indebtedness issued or incurred by the Borough of Chester for any of the foregoing purposes.
Lands, easements and development rights acquired by the Borough of Chester using revenue raised pursuant to § 172-2 shall be used exclusively for the purposes authorized thereunder. No property or interest in land acquired with funds from the Open Space Trust Fund shall be leased, sold or otherwise disposed of by the Borough unless same has been authorized by the Borough Council in the manner prescribed by law.
[Adopted 4-16-2010 by Ord. No. 2010-8]
The Borough, with and without the assistance of State, County, and/or Borough Open Space Trust Funds and/or grants, has and may continue to acquire title to property within the Borough for purposes of providing residents and others with access to open space. The Borough may also create, renovate, and/or maintain structures and/or improvements situated thereon in accordance with applicable state and county guidelines, if any. The purpose of this article is to clarify regulations and responsibilities for such property and facilities.
If property and/or improvements thereon are designated by resolution of the governing body as a park or parkland, the maintenance of, control and authority over that designated property and/or improvement(s) thereon shall be by the Borough Recreation Commission, pursuant to Chapter 9 hereof. Otherwise, non-designated property and/or improvements thereon owned by the Borough shall be within the sole control and authority of the Mayor and Council.
The Mayor and Council may adopt by resolution, from time to time, applications, guidelines and/or rules and regulations governing the use of Borough open space and/or improvements thereon.