Allebach Property
The Ballot Question
Lower Salford voters will be asked in the May 19, 2026 primary whether to approve an additional 0.25% earned income tax dedicated to open-space purposes.
The ballot language specifically names the Allebach property at 460 Stover Road, Harleysville, but it also authorizes revenue for other open-space land or real-property interests. Permitted purposes include acquiring land, protecting farmland, scenic views, historic sites, rural character, natural resources, creating or enhancing recreation, retiring acquisition-related debt, paying transaction costs, preparing land-use or recreation plans, and using up to 25% of annual revenue for development, improvement, engineering, design, and maintenance of acquired open-space land.1
Tax Increase
The Township’s EIT would rise 50% from 0.50% to 0.75%. Public materials estimate the increase would generate about $2 million per year. A worker earning $100,000 would pay an additional $250 per year for a total of $750 per year. A Township presentation also uses an average estimate of about $203 per year or roughly $18.78–$20.83 per month.2 The EIT applies to earned income such as wages and net profits. The FAQ says it does not apply to pensions, Social Security, or other fixed-income sources.3
Allebach Property
The Allebach property is at 460 Stover Road, tax parcel 50-00-04351-00-9. The sale documents describe the property package as about 62.65 acres, improved with a barn, outbuildings, and other structures. The public maps show the tract bounded or framed by Main Street, Quarry Road, and Stover Road, with Hennings Shopping Center adjacent to the northwestern/Main Street side.2
The Township’s open-space presentation says Lower Salford has 9,408 total acres and 2,065.86 preserved acres, about 22% of the township. It also lists the Allebach property as 62.65 acres, or 0.67% of the township.2
The Agreements
The public shorthand is that the Township is buying and preserving the Allebach farm. That is broadly true, but the legal structure is more nuanced. The final transaction may remove 2.0 to 2.5 acres from the Township’s acquisition for H&A Properties’ adjacent commercial/medical expansion. The Township also may have to coordinate access, right-of-way, and possibly parking easements with H&A.4
Henning's right-of-first-refusal
A 1971 Agreement of Sale between members of the Allebach family and Warren Henning, Sr. included a handwritten right of first refusal ("ROFR") for adjoining remaining Allebach land. It said that if the seller later desired to sell any or all of the adjoining remainder land, the buyer would have a first right to purchase on the same terms and conditions after notice of a bona fide third-party offer. It also said the covenant survived settlement and that the agreement would not be recorded.5
The 2025 Township sale agreement recognized that the property might be subject to that ROFR in favor of Warren Henning, Sr. or his heirs, successors, or assigns. H&A Properties claimed successor status. The sale agreement said the ROFR could not be treated as a permitted title exception, meaning it had to be resolved for the Township transaction to proceed cleanly.6
Agreement of Sale
The base Agreement of Sale is between the Estate of Martha Allebach, through executrices Renae M. Derstine and Karyn L. Hummel, and Lower Salford Township. The purchase price is $21.5 million, with a $100,000 deposit and the balance due at closing.6
The Township’s obligation to close is contingent on several things, including title review, due diligence, Board approval, resolution of the right-of-first-refusal issue, and obtaining funding or financing commitments of at least $21.4 million.6
Tri-Party Agreement
The Tri-Party Agreement among H&A, the Estate, and the Township resolves the ROFR issue by giving H&A a path to receive a carved-out parcel from the Allebach property.4 The parcel is defined as 2.0 acres net of ultimate right-of-way, with H&A able to increase it by up to 0.5 acre, for a possible total of 2.5 acres, if needed for the H&A Expansion Project. H&A pays the Estate $343,177 per acre, and that amount is subtracted from the Township’s purchase price.4
The agreement’s preferred structure is a direct conveyance from the Estate to H&A at the same time the Estate conveys the remainder to the Township. If lot-line mechanics prevent that from happening at closing, the Township and H&A are to work together after closing to restructure the conveyance on the same financial terms.4
Act 319 Enrollment
The property has been enrolled in Act 319 / Clean and Green since at least the 1981 recorded application by Robert C. and Martha Allebach.6 The Agreement of Sale makes the Township responsible for rollback taxes caused by the Township purchase or later Township actions. The Tri-Party Agreement makes H&A responsible for rollback taxes caused by conveyance of the H&A parcel and directs the parties to try to limit rollback taxes to that conveyed parcel.4
After the Purchase
The Agreement of Sale says at least 80% of the acreage, specifically including the Route 63 and Quarry Road viewshed, must remain open space. Open space may include park land, playgrounds, walking trails, and recreational fields. The remaining 20% may be used only for a public works facility and/or senior center. These restrictions are to be secured by a deed restriction enforceable by any lineal descendant of Martha Allebach.6
The public presentation says, more simply, that once purchased the property will be permanently preserved and the Township will be prohibited from selling.2 The contract language is more specific: it preserves at least 80%, allows certain public/recreation/open-space uses, and reserves limited civic-building uses on up to 20%.6
H&A Parcel Plan
The documents suggest the parcel is along the Main Street / Hennings Shopping Center edge of the Allebach tract. H&A owns 290 Main Street, and the public maps show Hennings Shopping Center adjacent to the tract, although Exhibit A is blank. The Tri-Party Agreement says H&A’s desired project includes a restaurant with a drive-through, expansion of the existing St. Luke’s medical facility, and parking to serve both the H&A property and the conveyed parcel.4
This does not necessarily contradict the referendum, but it means voters should understand that the transaction is not simply all 62.65 acres become Township open space without exceptions. The more precise statement is: the Township seeks to acquire and preserve most of the Allebach tract, subject to a negotiated H&A carve-out and the Agreement of Sale’s 80% open-space deed restriction.1,6,4
Outstanding Master Plan
The documents do not yet show a detailed space master plan. Outstanding questions include whether the land will remain an active farm, whether farming would continue by lease, whether specific trails are planned, whether those trails would connect to nearby neighborhoods or other open-space assets, whether recreation amenities such as fields, playgrounds, pavilions, parking, or restrooms are planned, and whether any buildings will be preserved, reused, or demolished.
The sale agreement does include a barn/outbuilding salvage provision. If the Township decides within five years after closing to raze the barn or outbuildings, it must notify the Seller and allow the Seller an opportunity to remove structural components under conditions.6 That provision does not itself prove demolition is planned.
Property Valuation
The public presentation says PJL Realty Advisors appraised the property at $21.8 million as of March 26, 2025. That appraisal was tied to a CKS Engineers conceptual yield plan dated March 24, 2025. The yield plan showed what could be developed under current mixed-use zoning: 6 office/commercial buildings, 156 apartments, 108 twin homes, and 2 single-family residences.2.
The appraisal summary shown in the presentation broke the $21.8 million value into approximately $15.66 million for twins/apartments, $350,000 for detached single-family, and $5.77 million for commercial land.2 This means the Township is not valuing the land as ordinary farmland. The public justification is that the property has substantial development value, and the purchase is intended to prevent that development scenario.
Funding Sources
The purchase overview slide lists:2
- Appraisal price: $21.8 million
- Purchase price: $21.5 million
- Anticipated grant resources: $7.525 million
- Remaining cost offset by proposed bond issuance: $13.975 million
- Price per acre: about $343,176
The referendum presentation models a $21.5 million bond issue at 4.75% interest. Depending on a 20-, 25-, or 30-year term, estimated average annual debt service ranges from about $1.35 million to $1.67 million, compared with estimated open-space EIT revenue of $2 million per year.2 The proposed tax is sized to support debt service, grant matching, transaction costs, maintenance, and future open-space work.2
Timeline of purchase
May 27, 1971 - Allebach-to-Henning sale agreement creates the ROFR
Preston A. and Ada Allebach, and Robert C. and Martha Allebach, agreed to sell 19.33358 acres to Warren Henning, Sr. The handwritten Section 14 gave Henning a right of first refusal on the adjoining remainder land owned by Preston Allebach if the seller later desired to sell it. The agreement also said the covenant would survive settlement and that the agreement would not be recorded.5
January 16, 1981 - Act 319 / Clean and Green application recorded
The Act 319 exhibit attached to the Tri-Party Agreement shows Robert C. and Martha Allebach signing the preferential-assessment recording form for 460 Stover Road on January 16, 1981.4
August 16, 2023 - Lower Salford Planning Commission discussion
Minutes of the meeting include an aside: during discussion of a separate conditional use application (196 Main Street), Michele Fountain of CKS Engineers discussed how if Allebach property were to be developed as all commercial on Main Street, the Township would try to connect the development to the existing Meadowbrook Shopping Plaza.7
March 24–26, 2025 - Yield-plan and Appraisal
The Township presentation materials show a CKS Engineers conceptual yield plan dated March 24, 2025, and a PJL Realty Advisors appraisal opinion as of March 26, 2025, concluding a market value of $21.8 million for the fee-simple interest in the subject property, subject to the CKS yield plan. The valuation summary breaks the value into twins/apartments, detached single-family, and commercial land.2
October 1, 2025 - Agreement of Sale authorized
The Agreement of Sale is dated October 1, 2025 and sets the purchase price at $21.5 million for the 460 Stover Road property package. It includes Township due-diligence, financing, title, ROFR, Act 319 rollback-tax, preservation, naming, building-salvage, and 80% open-space deed-restriction provisions.6 The October 1, 2025 Board of Supervisors agenda listed Resolution 2025-27 - Authorizing the Execution of an Agreement of Sale for the Purchase of 460 Stover Road.8
September 17, 2025 - ROFR notice to H&A
The Tri-Party Agreement says counsel for the Estate notified counsel for H&A by letter dated September 17, 2025 that the Estate had received the Township offer and that H&A was being given 30 days to exercise the ROFR. This is significant because it means the ROFR-clearance process was underway before the October 1 public authorization.4
October 22, 2025 - Montgomery County Open Space Board
Meeting minutes include Lower Salford presentations on other acquisitions and mention the Allebach property as an “upcoming purchase” of 62.65 acres in the context of the township’s total open space holdings.9
October 31, 2025 - ROFR deadline extension
The Tri-Party Agreement says H&A and the Estate agreed around October 31, 2025 to extend H&A’s ROFR exercise deadline until December 20, 2025 so the parties could explore an amicable resolution.4
December 3, 2025 - Board authorizes advertisement of the referendum ordinance.
The December 3, 2025 Board minutes say the Board considered Ordinance 2026-01 - Earned Income Tax Increase for Open Space - Authorization to Advertise. Chairman Bergman explained the 0.25% increase would be for acquisition and maintenance of open space only, and Supervisor Canavan noted that the revenue would be used to purchase the Allebach property, which the Township had under agreement of sale. The motion passed unanimously.10
December 16, 2025 - ROFR deadline extended again.
The Tri-Party Agreement says the Estate extended the H&A ROFR deadline by email dated December 16, 2025 until noon on December 31, 2025.4
December 17, 2025 - Tri-Party Agreement appears on Board agenda.
The December 17 agenda lists Resolution No. 2025-40, authorizing execution of an agreement among the Township, the Estate of Martha Allebach, and H&A Properties, L.P. as an amendment to the Agreement of Sale for 460 Stover Road.11
December 30, 2025 - Special meeting / Tri-Party Agreement approval
A Township packet for the January 21, 2026 meeting includes a search-result reference to a Special Meeting - December 30, 2025 and mentions the relevant motion passing unanimously.12
January 5, 2026 - Public hearing / ordinance adoption scheduled
The ordinance notice states that the Board would hold a public hearing on January 5, 2026 and could vote to adopt the “Earned Income Tax Increase for Open Space” ordinance to place the referendum on the May 19, 2026 primary ballot.13
May 19, 2026 - Referendum date
Ordinance 2026-01 places the 0.25% EIT open-space question on the May 19, 2026 primary election ballot.13
Local Reporting
North Penn Now reports the agreement and characterizes the farm as a scenic/historic “viewshed,” noting it’s zoned mixed-use and had drawn developer interest; it also ties the negotiations to the death of Martha (Clemmer) Allebach in 2023 and describes roughly two years of negotiations.14
The Suburban Realtors Alliance piece adds concrete funding framing: a $21.5M agreement and a proposed 0.25% earned income tax to fund the acquisition, and it explicitly notes the mixed-use zoning context and the scale of development the zoning could enable.15
Emily Neil of WHYY covers the Horsham and Lower Salford ballot questions generally pulling mostly from township sources already cited.16.
The Reporter published letters to the editor from Victor M. Verbeke and former supervisor Kevin Shelly in favor of the preservation effort.17,18