Open Space Preservation

OPEN SPACE PREVENTION PLAN

THE IMPORTANCE OF OPEN SPACES

It is important to preserve open spaces in Palmer Township for the following major reasons:

to maintain the natural environmental processes and balances, ensuring adequate groundwater and high water quality,
to provide an important psychological relief from developed areas,
to preserve areas of scenic beauty, and protect the semi-rural character of outlying areas,
to preserve lands that are not naturally suited for development,
to provide land for active and passive recreation, both presently and in the distant future, and
to preserve habitat for birds, fish and other wildlife.

Open space can be preserved in public ownership, private ownership or by a semi-public organization, such as an association of adjacent homeowners. The difference is how much use is allowed by the general public.

LAND PRESERVATION METHODS

Many creative and practical methods should be used to preserve open space in the Township, especially as a means to avoid the need for extremely expensive purchase of land by the Township. These methods include:

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 installments in a form of "owner-financing."

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.

Mandatory Dedication - Palmer requires all proposed residential developments to dedicate a certain portion of the tract as permanent open space,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.

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 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 and Schoeneck Creeks.
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.
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. Northampton 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 the north-western areas of Palmer where land is less expensive and where there is the best chance to preserve large areas of open space over the long-run.
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.
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 State Acts 319 and 515 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.
Zoning – The following section describes ways zoning can be used to help preserve open space.

DEVELOPMENT REGULATIONS

The Township's zoning regulations should be used to preserve open space, especially on lands that are clearly physically unsuitable for building. Zoning mainly preserves open space through limitations on how intensely land can be developed and through incentives and disincentives. For example, a higher overall density might be permitted if a developer preserves key areas of a tract in open space. However, every landowner must be permitted some reasonable use of their land.

It is essential to ensure that all development respects the natural features of the land. Also, areas that are clearly unsuitable for development need to be protected. The most important natural features include creek valleys, wetlands, flood-prone areas, riparian buffer zones, wooded areas and steep sloped lands.

The following are certain key requirements and methods that should be used to accomplish these objectives:

Continue to require large lot areas in areas with slopes of 15 to 25 percent

Seek to avoid any earth disturbance on slopes over 25 percent Strictly enforce the Township's regulations on flood-prone land (especially areas vulnerable to a "100-Year flood")

Seek to have all paving and buildings setback at least 50 to 75 feet from the banks of each creek

Carefully review all development plans and activities to help ensure that the Federal and State wetland regulations are enforced

Carefully control unnecessary tree cutting

Encourage the development of carefully controlled golf courses, riding academies and similar low intensity uses throughout the Township that would result in open space being preserved.

Consider using an "Official Map" to reserve land that the Township wishes to acquire in the near future. This is discussed in the "Putting This Plan into Action" section of this report.

ACQUISITION OF OPEN SPACE

Recreation and conservation lands are very expensive to purchase (not to mention the high cost to develop facilities and maintain them). The preceding sections described ways that development regulations and other incentives can be used to help preserve and obtain land without expensive purchase.

If the Township considers purchasing land, this Plan recommends that the following criteria be carefully considered:

Is it physically suited for active recreation (including being relatively flat and well-drained)?

Would it be well-located to serve current and future neighborhoods?

Is the land adjacent to a public school, allowing multiple use?

Is it protected from development by existing regulations (such as floodplains or wetlands)?

Does it have highly scenic qualities, especially if its in a location that is very visible (such as along a major road or on a ridge)?

Would it provide an important link between existing recreation areas and neighborhoods and/or connecting to natural features in adjacent municipalities.

Would it be desirable for passive recreation?

Could it be purchased for a reasonable price (especially if the seller will "donate" some of the value in return for Federal income tax benefits)?

Does it involve a willing seller, as opposed to condemnation?

Would it be developed in the near future if not purchased?

Does it involve environmentally sensitive areas that could be developed under existing regulations (such as forests or steep slopes)?

Palmer should work with the Wildlands Conservancy, Northampton County , Bushkill Stream Conservancy and possibly local fish and game organizations to acquire key areas of passive open space. This especially includes lands along the Lehigh River and the Bushkill and Schoeneck Creeks. Other important open spaces should be sought through the land dedication requirements in the Subdivision Ordinance.

Lands along creeks are important to preserve because they combine many important and highly sensitive natural features. These include wetlands, steep slopes, flood prone areas, high water table soils and wooded areas. Also, lands along these waterways have tremendous potential in the long-run for recreation, especially for hiking, bicycling, fishing, walking, cross-country skiing and nature study.

Many environmentally sensitive areas such as lands along the Bushkill and Schoeneck Creeks that are not suitable for active recreation should be preserved. Especially if these lands are in small parcels, it may be difficult for the Township to oversee and provide even minimal maintenance to them.

TRAILS

Walking, bicycling and cross-country skiing are becoming increasingly popular. In response, a full set of safer routes for bicycling, jogging and walking are needed throughout the Township, especially for children to reach recreation areas. Although these routes will not be created in a short period of time, attention should be placed on developing key links that eventually will fit into a regional system.

Trails should connect the existing Township bike/walking trails, major parks, major neighborhoods, the public schools and key shopping areas. These trails should include both recreation trails within parks and more transportation oriented trails between key l ocations to help reduce traffic congestion.

As new developments are proposed, pedestrian and bicycle access should be a consideration. If the local streets would not provide adequate connections from the development towards major attractions in the area (such as a park or school), then the developer should be required to develop a bike/walking trail for these connections. Also, bikeway systems should be considered within new industrial parks, in place of sidewalks along the public streets.

This Plan seeks to avoid the need for bicyclists, walkers and joggers to travel along major roads. The intent is to steer these people onto local streets and separate trails. However in certain areas, pedestrian and bicycle travel will continue to use the shoulders of these major roads because there are no alternatives. Bicycling and walking along roads is especially hazardous when the road is heavily traveled, and does not have much shoulder (such as Greenwood Avenue ) or if the road is narrow.

Along selected roads, in cooperation with Penn DOT and adjacent developers, shoulders should be made wide and smooth enough for bicycles and pedestrians. These shoulders should be well-marked and possibly sloped so that they are not used by vehicles.

Consideration should be given to requiring that large industrial parks include bike/walking trails through their development (especially along the Schoeneck Creek) in place of having to construct sidewalks.

Specific trail recommendations are discussed in the “Recreation Facilities Plan” section of this report.

IMPORTANT NATURAL FEATURES

Land varies greatly in the amount of development that it can naturally support. Some land, such as flood-prone and very steeply-sloped land, should remain completely in open space. Other lands are suitable for moderate development, while some lands are able to support intense uses.
Development in Palmer Township should only be allowed in a manner which carefully respects the natural features of the land. Environmentally sensitive lands should be preserved in open space to maintain environmental balances. The table on the following pages provides guidelines on how important natural features can be protected.

The "Environmentally Sensitive Areas Map" in the appendix shows the most important natural features in the Township. The tables on the pages 36 & 37 summarize why the Township's natural features are important, and what strategies should be followed to protect them.

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