(A) Many creative and practical methods should be used to preserve open space in the borough, especially as a means to avoid the need for extremely expensive purchase of land by the borough.
(B) These methods include the following.
(1) Purchase. This involves actual purchase of land by a public agency, and is the most expensive method. Purchase permanently preserves the land and provides complete control over it. Condemnation should be avoided whenever possible because of the expense, delay and ill-will that often results. To spread out costs over time, sales agreements could provide for the purchase of land in install merits in a form of “owner-financing”.
(1) Leasing. Leasing can make sense to respond to recreation needs in the short-run, especially when the owner is not willing to sell the land. Another option instead of a formal lease is to pay a landowner to allow certain recreational use of the land during certain times of the year.
(2) Mandatory dedication. The borough requires all proposed residential developments to dedicate a certain portion of the tract as permanent open space and/or recreation, and/or to pay recreation fees “in-lieu-of” dedicating land. New commercial and industrial uses should be required to pay recreation fees to compensate or the recreation demand caused by the additional employees.
(3) Conservation easements. This method allows a private property owner to continue to own and use their land, while selling or donating the right to develop it. Restrictions on tree cutting and use of pesticides might also be included. The land is then maintained by its owner, without any public expense. The property can then be sold to others, provided that it continues to be preserved. This method may be significantly less expensive than outright public purchase, but does not allow public access, unless it is written into the easement document, to the land. A conservation easement often appeals to people who wish to preserve the land, but want to retain all fishing and hunting rights for themselves. This method also allows a landowner to protect the privacy of the land around their home. This method would be especially appropriate along the Bushkill Creek.
(4) Scenic easements. This method is more limited than a “conservation easement” because it allows limited development to occur as long as certain major scenic views are protected. “Facade easements” are a related method that ensure the exterior of a historic building is preserved.
(5) Agricultural easements. This method is very similar to a “conservation easement” except that it is intended for prime active farmland. The owner gives up the right to develop the land permanently or for a set number of years in return for a certain amount of money. The county is currently participating in a statewide program that purchases these agricultural easements. However, this program has very limited funding. Therefore, a property must rank very high on the basis of certain criteria in order to be eligible. This method of preservation is especially appropriate in areas where there is the best chance to preserve large areas of open space.
(6) Donations. Certain landowners may be willing to sell land at a price below market value or donate land or donate “conservation easements.” The federal income tax benefits of this method should be well publicized to landowners. This method is often most attractive to persons who own land that has physical limitations on development.
(7) Tax abatements. Certain property owners may be forced to sell their land for development because they cannot afford to pay the taxes. In response, the county allows real estate tax reductions under the PA Farm Land and Forest Land Assessment Act of 1974 (Clean and Green), 72 P.S. §§ 5490.1 et seq., and the Open Space Covenant Act (Act 515 of 1965, P.L. 1292) for large properties if the owners agree not to develop their land for a seven year period. The owner may break this restriction only after paying significant penalties.
(8) Zoning. Section 92.057 describes ways zoning can be used to help preserve open space.
(Ord. passed 8-3-2015)