It has come to our attention that most if not all local municipalities with a dedicated Open Space tax received the attached records request. The request seeks multiple records pertaining to the Township’s Open Space fund and tax from its inception to the present. Below are some general comments to consider when answering this request.

Items 1 through 2 (total amount collected and spent) are requests that may require the creation of a new record compiling the annual data. The Right-to-Know Law (“RTKL”) specifically states an agency is not required to create a new record to compile information in response to a request. Therefore, unless there currently exists a record with this information compiled, there is no requirement for the Township to create a new record. However, as the Township should have records showing this information on an annual basis, the correct way to respond to the request would be to provide those annual records.

Item 4 requesting the Year of implementation requires providing the document that contains the plan, whether it is part a comprehensive plan, the Township Official Map, or some other form. That record should show the date of implementation, which can be verified by the implementation date being prior to the date of the first expenditure from the fund. As stated above there is no requirement under the RTKL to create a new record; however, as the RTKL does not prohibit the creation of a record, it may be in the Township’S best interest to simple provide the date of implementation in the Township’s response letter.

Item 5 requesting the type of tax can be addressed in the same manner as item 4, either provide the whole record(s) showing this information and possible additional information then requested, or simply provide the answer in the Township’S response letter.

Item 6 requesting the total acreage again may not be compiled in an existing record. This request can be addressed by providing the individual records from each transaction. Prior to providing these individual transaction records the Township should consider if as with items 4 and 5, the Township should consider creating a new record compiling the acreage for its response to this request.

Finally, the requestor has requested this information be provided in electronic form. The RTKL requires the agency provide the records in the form requested by the requestor only if the record currently exists in that form. If any of these records are not in electronic form, the Township should contact the requestor to inform him of this fact and determine how those records can be provided to the requestor.

If you have any questions regarding how to respond to this request or which records are appropriate for use in you response please contact me.

Vincent M. Pompo
Voice (610) 430-8000
Fax (610) 692-6210
vpompo@lambmcerlane.com

Robert T. McClintock
Voice (610) 430-8000
Fax (610) 692-6210
bmcclintock@chescolaw.com