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Council authorizes acquisition of Ashley Court open space for stormwater maintenance
Summary
Council approved a resolution to acquire open-space parcels in the Ashley Court development (by eminent domain process) to secure access and permit maintenance of a stormwater channel tied to MS4 requirements and a planned stream-restoration project.
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New Freedom Borough Council approved a resolution authorizing acquisition of open-space parcels associated with the Ashley Court development so the borough can maintain a stormwater channel and complete a planned stream-restoration project. The action follows the borough solicitor's work on documents needed to pursue an eminent-domain process because the prior developer (Altieri Enterprises) is defunct and not authorized to do business in Pennsylvania.
Council members said the parcels are not buildable and that acquiring them would enable the borough to maintain the stormwater basin and channel to meet regulatory and practical needs. Staff and the solicitor explained that the acquisition would allow the borough to extend a stream-restoration project running from Pleasant Avenue north toward Railroad Borough and to better position the borough to meet forthcoming MS4 (municipal stormwater) permit requirements.
The solicitor advised council that because the owner entity no longer operates, an easement is not obtainable from a responsible party, which is why acquisition is being pursued. He also noted a statutory allowance for reimbursement of legal or engineering fees to any property owner that contests the taking, up to $4,000. Council discussion addressed maintenance expectations (limited edge mowing and initial cleanup) and budget timing; staff said the immediate maintenance would be handled by public works and the longer-term restoration is in project-development stages, with no final cost available yet.
Council voted to authorize the resolution and directed staff and solicitor to proceed with the necessary filings for acquisition and the related engineering work. Council members characterized the action as proactive groundwork for future MS4 compliance and stream-restoration work rather than a new, open-ended spending commitment.

