Improvements to the Open Space Law: What You Need to Know

Improvements to the Open Space Law: What You Need to Know

To what lengths would you go to save open space?

Background & Intention: Legislation Enacted, Development Pressure Increases Appetite Open Space Act 442 of 1967 gave power to counties and municipalities to buy open space, but specifics undefined. Chester County started the race for County preservation with 1989 O.S. Referendum which had 80% approval.

Background & Intention: The Rush to Protect PA Open Space 4 million acres of PA farmland had been lost to development since 1950. Realization in the late 80 s and 90s, PA was loosing an acre an hour. It appeared that there was a bulldozer outside every window. Communities felt powerless to control how their communities grew.

The Race for Open Space Begins You Can Do it!

Act #153 of 1996 Gave Municipalities Clarified Power to Acquire Open Space Clarified the option to go to the electorate with a ballot question for the purchase of land or easements. Allowed for a direct borrowing or the imposition of an Earned Income Tax (E.I.T) for this purpose. Between 1988 and 2012 there were 154 ballot measures in PA. 122 passed for almost $1.4 BILLION in conservation funding.

Changing Realities: Changing Needs Open Space priority targets were accomplished. Question of resources needed to maintain, enhance and plan for open space were mounting. Act 115 was passed to address the changing needs of Open Space committed municipalities. Municipal leaders continue to need help understanding how the new flexible funding can be used.

Act 115 PA s Open Space Law Improved Act 115 of 2013 provides greater flexibility and clarity to local municipalities in managing their open space programs. Law clarifies the steps that must be taken in repealing and open space referendum. It amended PA s Open Space Law, Act 442 of 1967, which authorizes the Commonwealth and its local government units to preserve, acquire, or hold land for open space uses and provides for municipal referenda for dedicated open space taxes.

New Allowable Uses of Open Space Tax Revenues In addition to acquiring land & conservation easements, dedicated open space tax dollars may now be used to: Develop, improve, design, engineer & maintain open space acquired with dedicated open space taxes. Prepare the resource, recreation, or land use plan needed to acquire open space under the law. Use up to 25% of Open Space taxes may be used for these purposes.

Common Questions Can funds resulting from passage of a #153 ballot question, but accumulated prior to the passage of the new legislation, be used for the purposes allowed by Act 115? How careful do communities with current enacted #153 open space programs need to be in regards to the original ballot language? Since the Bill didn t include definitions for develop, improve, design, engineer or maintain could you clarify what is meant to be permitted? When, if ever, does a community, with current #153 open space programs funded and in progress, have to go back to the voters when using the funding for new purposes.

Population: 17,349 Total housing units: 7,105 Square Miles: 55 Median Household Income: $110,000 General Fund Budget (2015): $21 million

Enacted in 2007 with a 62% electoral vote in favor of the 0.25% increase to the EIT Township has collected approximately $12 million in Open Space EIT revenue to date Township has expended over $13 million in Real Estate Capital Purchases for Open Space Preservation

Preserved 250 acres of land since 2007.

Purpose: to develop, improve, design, engineer and maintain property acquired pursuant to [Act 153] for open space benefit or benefits In accordance with Act 115 Whitemarsh Township established a maintenance fund 25% of annual revenue from the tax levy after annual debt service and acquisition fees are satisfied

Contracted with the Natural Land s Trust in 2014 to perform a Stewardship Assessment.

Maintenance + Environmental Education Advisory Boards and Commissions Parks and Recreation Public Works Stewardship Groups Volunteers Citizens and Business

Continue to evaluate planning and maintenance opportunities of Open Space lands purchased under Act 153. Partner with Preservation leaders such as the Natural Land s Trust to provide guidance on best management practices for these properties. Utilize Open Space Tracts as an environmental asset to educate the public as well as a recreation amenity for the community.

A Stewardship Plan is the first step in ensuring that Open Space sustains its environmental and ecological benefits while fulfilling its potential as a recreational and educational resource for the community. It guides the management, monitoring, and interpretation of its natural resources of the Park or Preserve.

Stewardship and Trail Plans Provide recommendations on: stewardship of natural resources monitoring impacts appropriate preserve uses trail system layout site amenities parking, signage, seating, and passive recreational amenities connections to adjoining lands partnership opportunities

Trails Issues Natural Features