SOUTH WHITEHALL TWP., Pa. — South Whitehall residents may soon get a chance to choose whether to raise taxes to fund open space preservation.
The township Board of Commissioners is looking to put an open space tax referendum on the November 2024 ballot.
“I think it's important to do this,” Commissioner Monica Hodges said at the board’s Nov. 1 meeting. “We've been hearing this for years. I think now's the time.”
The discussion of an open space tax comes after a months-long study of how the township can preserve its natural, historical and agricultural resources, called South Whitehall Landscapes.
At the wrap-up meeting for that plan, a presentation given by township staff said South Whitehall had 4,900 acres of undeveloped land as of 2022, and only 730 acres had been preserved.
There is not yet a formal proposal for how the tax would work. But township staff have suggested the approved referendum could raise the township’s earned income tax by 0.15% starting in 2025.
Board President Diane Kelly said she thinks there are a “great deal of residents” who want to preserve open space. But she said a public education campaign will be needed to explain what the tax would do.
“I certainly would like to see a plan laid out to make sure that we do that effectively and reach as many of our residents and stakeholders as we possibly can,” Kelly said.
“Rather than having to go through a multi-month process here, if it's similar, use what they've already done.”Commissioner Jacob Roth, referring to Lower Macungie's referendum
Commissioner Jacob Roth referenced Lower Macungie Township’s successful effort to pass an open space tax referendum in 2021 as a potential model for South Whitehall.
“They have a template for what we want to do,” Roth said. “Rather than having to go through a multi-month process here, if it's similar, use what they've already done.”
Township staff plan to present a draft ordinance for the referendum in the coming months.
Lower Macungie’s open space tax
Lower Macungie Township voters in November 2021 passed a referendum to increase the earned income tax by 0.15% “for the limited purposes of purchasing open space and paying off debt for open space.” Some of the funds can also be used to maintain the spaces.
In the referendum, open space is defined as “greenways, active recreation areas, and passive open space used to preserve forests, parks, urban gardens, and other green places.”
Lower Macungie Director of Planning and Community Development Nathan Jones said part of township's efforts are focused on preserving land on South Mountain.
“That's as much of an open space preservation effort as it is a stormwater management effort, since that's where a good amount of water from our creeks and streams comes from," Jones said. "And by keeping it forested, it reduces our flooding.”
The township is currently updating its official map and will identify all remaining open space on it. Jones said marking land for potential future public use on an official map is a legal tool that allows municipalities a “seat at the table” when it comes to negotiations for buying land.
If owners of land marked for potential public use want to develop the property, they must first allow the municipality up to a year to try to work out a deal to acquire the land.
After a year, the landowner is then free to develop the land following normal procedures.
Jones said the township can’t afford to buy all the undeveloped land, so commissioners will rank the properties to identify which ones are a priority to preserve.
“It's about finding the balance of preserving the properties that are both affordable to do so and carry the highest value,” Jones said.
Is farmland open space?
Although Lower Macungie’s referendum does not explicitly name farmland as a type of open space, Jones said some of the funds are going towards buying agricultural land then leasing it to farmers.
Jones said he thinks it is important to preserve farmland because of the quality soil in the region.
“It's also about maintaining the quality of life for the residents and ensuring that the character of the community is preserved,” Jones said. “And that the agriculture that's part of our historic heritage, part of the community identity, is still built into what we do here.”
“We are a land use rights state. And if someone wishes to improve or subdivide their property, they have the right to do that. But we did receive a mandate from the voters.”Lower Macungie Director of Planning and Community Development Nathan Jones
Jones described the implementation of the referendum as a “balancing act” because the Commonwealth’s land use laws often favor the rights of landowners.
“Pennsylvania's development laws are very clear,” Jones said. “We are a land use rights state. And if someone wishes to improve or subdivide their property, they have the right to do that. But we did receive a mandate from the voters.”
Jones said Lower Macungie Township has preserved nearly 1000 acres of land since the program was implemented.
Lower Macungie’s referendum will be in effect for three more years before it has to go on the ballot again. Voters will decide whether to renew the tax in 2026.
Other open space and farmland preservation efforts
There are currently four municipalities in Lehigh County and eight municipalities in Northampton County that have imposed taxes for open space preservation programs.
One of those municipalities is neighboring North Whitehall Township.
Voters there approved a Farmland & Open Space Tax in the 2019 primary election. The referendum increased the assessed property tax by 0.1 mill, generating about $140,000 in revenue annually, according to the township website.
Although the township plans to expand the program to include all types of open space, the funds are currently only being used to assist the Lehigh County Agricultural Preservation program, the township website states.
Lehigh County’s program works by buying the development rights of properties, meaning even if the property is sold, it can only ever be used for farming and related agricultural activities.
The county's program has preserved more than 27,000 acres of farmland.
Staff writer Jay Bradley contributed to this report.
