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FREQUENTLY ASKED QUESTIONS
Regarding open space planning and protection in Chadds Ford Township.

Why is it important to have an Open Space Plan? An Open Space Plan identifies the critical lands and resources within the Township that are worthy of protection, since they provide drinking water, scenic views, and wildlife habitat and that protect locally and nationally significant historic resources. A plan to protect these resources is required by Pennsylvania Act 153 (“Open Space Lands, Acquisition and Preservation”) prior to expenditures of open space tax revenue. This formal Open Space Plan is also an important and required (by Pennsylvania Act 247, “Municipalities Planning Code”) component of a broader comprehensive plan, which will be a future effort for Chadds Ford Township. Finally, such a plan is often necessary for a successful application for grant funding to protect open space.

What is the purpose of the Open Space Survey I received in the Civic Association newsletter? The Chadds Ford Township Open Space Survey of Residents was sent to all Township residents in the Fall edition of the Civic Association’s newsletter, the Chadds Ford Times. This Survey just the beginning of our efforts to seek public input regarding open space and recreational issues as we continue with the early stages of an Open Space Plan for the Township. Another opportunity to provide input is the forthcoming meeting on open space protection in Chadds Ford – Monday, December 4, 2006 at the Township building. There will be additional meetings as well as development of the Plan progresses. We need to hear what residents have to say about these issues, to inform and shape the Open Space Plan.

How can I find out the results of the Survey? The results of the Survey will be posted on the Open Space Committee’s website and will be discussed at the December 4, 2006 public meeting. We encourage all residents to attend the public meetings to discuss the open space issues facing Chadds Ford Township, now and in the future.

What were the results of the May 2005 Open Space Referendum? The Referendum, another measure of public support for open space protection, asked Township voters the following question pursuant to Pennsylvania Act 153, “Shall the Chadds Ford Township Municipal Tax be increased by .28 mill for the special purpose of financing the acquisition of land for open space, property dedication rights, and/or conservation easements by Chadds Ford Township?” Of the 646 votes cast, 463 were “yes” votes – a 72 % approval rating.

Isn’t the financial ability of a township too limited for land preservation? Our modest open space tax generates revenue for a fund that will continue to grow and be “ready money” to respond to an open space protection opportunity, including adherence to grant match requirements established by governmental organizations or other funders.

Why do we need to protect open space in Chadds Ford when the Brandywine Conservancy, an established organization, is in our backyard doing the same thing? Chadds Ford’s open space protection efforts will have a more narrow geographical focus than the Conservancy’s, as there may be small parcels or historic buildings worthy of protection outside the Conservancy’s realm as a regional organization. On the other hand, there may be larger tracts in Chadds Ford that are suitable for protection by the Conservancy. In these cases, it will be up to the landowner and his or her financial situation. Another consideration is that the Conservancy typically accepts donations of development rights, whereas the Township, with open space revenues, could purchase development rights and place easements on similar parcels identified as important in Chadds Ford’s Open Space Plan.

Is there a formal process to determine what open space resources are preserved? As previously noted, Pennsylvania Act 153 requires that land protected using revenue from the open space referendum be identified in a plan. Chadds Ford’s Open Space Plan, currently under development, is discussed every month at the Open Space Committee’s meeting, plus there are several other venues for public input into the Plan (e.g., Survey, public meetings). Act 153 also specifies that no funds from the open space tax may be expended until a public hearing is held by the Board of Supervisors.

Exactly what is to be preserved and why? Through the open space planning process, the Open Space Committee and the Brandywine Conservancy are identifying the Township’s key natural, historic, and cultural assets for protection. This is a long list that builds on an earlier inventory by the Natural Lands Trust of the Township’s critical and sensitive lands. In total, these resources include, but are not limited to, large woodlands, wetlands, floodplains, scenic vistas, and historic structures, sites, and fords. These resources are worthy of protection because, for example, many scenic fields, streams, and extensive resources are important to Chadds Ford’s history and character; they also provide habitat for numerous types of wildlife, enhance property values when they are protected, and replenish wells when rainwater and snowmelt infiltrate to groundwater aquifers (see Glossary of terms) below fields and woods.

Will land preservation purchases stop development? That would be an unrealistic goal. There’s too much land and too little money. Land and easement purchases have helped preserve the important parts of our communities. Growth may be inevitable…sprawl is not.

Will the public have access to the properties preserved by their tax dollars? If not, why should they pay for an easement? If an easement is secured by the Township, the property owner retains ownership of the land, and it is private unless public access is specifically allowed. What is preserved is the resource value of the land. The future development of the land is controlled so the Township would not have to suffer irresponsible development that could adversely affect our water supply, create more flooding and traffic on our roads, and alter the rural character and quality of life of Chadds Ford.

What if I’ve worked hard to build a nest egg for my retirement years and hope to leave my estate to my children for their future? What incentive do I have to consider open space proposals when I can’t benefit now or even benefit my family in the future? Depending on his or her particular financial and family situation, a landowner can realize benefits now – from protecting land through selling it outright, selling an easement, donating an easement, or some combination thereof. There could be future estate tax benefits as well. Many families also realize a non-financial benefit – the legacy of open land staying that way in perpetuity.

Does land preservation benefit only rich landowners and affluent communities? It has been charged that land preservation using public funds is an elitist concept, which benefits only rich landowners or affluent communities. However, many landowners are land rich but cash poor, and because they value their undeveloped land as a resource to themselves, their community, and the environment, land preservation programs keep the landowner’s options open. Although there is often a developer to sell to, an important option is to sell development rights and continue to occupy and use the land.

Does the Route 1 overlay zoning negate the need for this type of land conservation? The short answer is, no. Unlike easements, zoning ordinances are not implemented in perpetuity and can be changed anytime. Also, the purchase of development rights or the granting of a conservation easement can protect resources such as aquifers and scenic vistas, in addition to those protected by the overlay zoning.

Isn’t two-acre-zoning an adequate guarantee of open space in the Township? Zoning that establishes two-acre house lots (i.e., “cookie cutter” zoning), even if not readily visible, results in a significantly fragmented landscape. As already identified by the Natural Lands Trust, and as will be further documented in the Township’s Open Space Plan, Chadds Ford’s open lands contain critical resources that should not be broken up by development.

Sources for the above FAQ’s include:
The Brandywine Conservancy
The Chadds Ford Township Open Space Committee
The Heritage Conservancy