Lower Nazareth Township moves toward voter referendum for open space tax

On Feb. 13, 2019, Lower Nazareth Township supervisors will consider asking voters if they want an earned income tax that would be dedicated to acquire open space in the township. (John Best | lehighvalleylive.com contributor)

A property that had been a farm or open space is sold to a developer and, despite objections from many residents at various municipal planning meetings, the warehouse, commercial facility or housing development is built.

That scenario has occurred repeatedly throughout the Lehigh Valley for years.

Lower Nazareth Township's Board of Supervisors took steps Monday to curb that pattern.

The supervisors unanimously voted Monday to advertise that they'll vote at the Feb. 13 meeting on whether to create a ballot referendum imposing a 0.25 percent earned income tax to preserve open space.

If they approve the referendum, it would go on the May 21 primary election ballot.

The earned income tax revenue would be dedicated to acquire and preserve farms, fields, wooded areas or other open spaces.

Although the referendum would be on a primary election ballot, all voters, even those not registered as Republican or Democrat, could vote on the referendum.

"Residents have commented on concerns about development in the township," Supervisors' Chairman James Pennington said.

The Pennsylvania Municipal Planning Code requires municipalities to have a variety of zoning uses, including industrial and commercial uses. If a developer meets the zoning requirements, supervisors are legally required to approve the developments or risk their decisions being appealed, Pennington said.

However, if the township were to acquire land through the open space earned income tax, that land would be preserved in perpetuity and not eligible for development.

About 700 acres of township land has been preserved already through county open space programs, according to Pennington.

A simple majority -- over 50 percent of voters -- is required to pass the referendum.

The referendum does not directly impose the earned income tax. It only authorizes supervisors to impose the tax. If authorized by voters, supervisors would still need to vote to impose the tax.

Pennington said the supervisors plan to hold several public information meetings before the May vote to answer questions and discuss how the earned income tax would work.

"We're going to have some open sessions for people to attend," Pennington said.

Several other townships in Northampton County have opens space earned income tax programs. Last month, Upper Nazareth Township supervisors decided to form a committee to investigate creating an open space preservation plan in their township.

John Best is a freelance writer. Find lehighvalleylive.com on Facebook.

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