Ordinance No. 106
AN
ORDINANCE OF KENNETT TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA CREATING AN
ENVIRONMENTAL ADVISORY COUNCIL
WHEREAS, Kennett Township has
maintained an Open Space Committee composed of volunteers that have worked on
matters concerning the identification, protection and development of open space;
WHEREAS, the General Assembly
of Pennsylvania enacted legislation, Act 148 of 1973, 53 P.S.
§11501,
et seq. (hereinafter referred to as the "Act"), authorizing municipalities to
establish, by ordinance, an Environmental Advisory Council to advise the
municipality's planning commission, park and recreation board and electoral
affiliates on matters dealing with protection, conservation, management,
promotion and use of natural resources located within the municipality's
territorial limits;
WHEREAS, Kennett Township is
committed to the identification, preservation and protection of the natural
resources within the Township in order to enhance the Township and provide
guidance and information to residents of the Township in the use of natural
resources;
WHEREAS, Kennett Township
wishes to replace the Open Space Committee with an Environmental Advisory
Council having the purpose and composition as established under the Act.
NOW, THEREFORE, pursuant to
the authority conferred by the Act, the Board of Supervisors of Kennett Township
does hereby enact and ordain the Environmental Advisory Council Ordinance, as
follows:
SECTION 1.
Environmental Advisory Council.
The Kennett Township Environmental Advisory Council is hereby created,
having the powers and operating procedures set forth in this ordinance, and
shall continue in existence until this ordinance is revoked.
The Kennett Township Open Space Committee is hereby abolished.
SECTION 2.
Powers of the Environmental Advisory Council.
The
Environmental Advisory Council shall have the following powers:
a.
To identify environmental problems and recommend plans and programs to
the Board of Supervisors, the Planning Commission and other committees and
boards of the Township for the promotion and conservation of the natural
resources and for the protection and improvement of the quality of the
environment within the Township.
b.
To make recommendations as to the possible use of open land areas of the
Township.
c.
To promote a community environmental program.
d.
To keep an index of all open space areas, publicly or privately owned,
including, but not limited to, flood prone areas, wetlands and other unique
natural areas, for the purpose of obtaining information on the proper use of
such areas.
e.
To advise the Board of Supervisors and Planning Commission and Kennett
Township Land Trust or similar organizations in the acquisition of property,
both real and personal, and/or development rights, by gift, purchase, grant,
bequest, easement, devise or lease in matters dealing with the protection,
conservation, management, promotion and use of natural resources located within
the Township's territorial limits.
f.
To perform such other duties and responsibilities authorized by the Act
and delegated by the Board of Supervisors.
SECTION 3.
Members and Term of Office.
a.
The Environmental Advisory Council shall be composed of at least five
(5), but no more than seven (7), residents of the Township who shall be
appointed by the Board of Supervisors.
Any vacancies in the membership of the Council shall be filled by the
Board of Supervisors.
b.
Duly appointed Council members shall serve for a term of three (3) years,
except that the initial appointments to the Council shall be so staggered that
the terms of approximately one-third (1/3) of the membership shall expire each
year, the terms of their successors to be three (3) years each.
Council members' terms of office shall expire on the first Monday in
January following the last of their term of office.
c.
The Board of Supervisors shall designate the chairperson of the Council.
The council may elect such other officers having specific
responsibilities as the Council determines necessary to effectively carry out
the Council's powers.
d.
Whenever possible, one member of the Council shall also be a member of
the Kennett Township Planning Commission.
SECTION 4.
Expenses.
Members of the Council shall
receive no compensation for their services, but shall be reimbursed for the
expenses actually and necessarily incurred by them in the performance of their
duties.
SECTION 5.
Reports.
The Council shall keep records
of its meetings and activities and shall make an annual report which shall be
made available in a manner consistent with the availability of annual reports by
councils and committees of Kennett Township, including the Board of Supervisors.
SECTION 6.
Appropriations and External Funding.
a.
The Board of Supervisors may appropriate funds for
the expenses incurred by the Council.
Appropriations may be expended for such administrative, clerical printing
and legal services as may from time to time be required and as shall be within
the limit of funds appropriated to the Council.
The whole or part of any funds so appropriated in any year may be placed
in a conservation fund allowed to accumulate from year to year, or be expended
in any year.
b.
The Council may seek funding for specific programs and projects pursued
by the Council on behalf of the Township, with the approval of the Board of
Supervisors. Sources of funding
include grants and other forms of financial assistance from County and State
agencies.
ENACTED AND ORDAINED
this 20th day of May, 1996.
KENNETT TOWNSHIP
BOARD OF SUPERVISORS
Attest:
______________________
______________________
Charles G. Shoemaker
Secretary-Treasurer
______________________
James C. Henderson
______________________
Michael E. Elling