Unconsolidated
Pennsylvania Statutes
AGRICULTURAL
AREA SECURITY
§ 901. Short title.
§ 902. Statement of legislative findings.
§ 903. Definitions.
§ 904. Agricultural Security Area Advisory Committee.
§ 905. Agricultural security areas.
§ 906. Public hearings.
§ 907. Evaluation criteria.
§ 908. Decision on proposed area.
§ 909. Review of area.
§ 910. Appeals.
§ 911. Limitation on local regulations.
§ 912. Policy of Commonwealth agencies.
§ 913. Limitation on certain governmental actions.
§ 914. [Repealed.]
§ 914.1. Purchase of agricultural conservation easements.
§ 914.2. Agricultural conservation easement purchase fund.
§ 914.3. Commonwealth indebtedness.
§ 914.4. Legislative report.
§ 915. Rules and regulations.
[Note:
See 7 Pa. Code §
138.1 et seq. on the Agricultural Area Security Program.]
§ 901. Short title.
This act shall be known and may be cited as the
"Agricultural Area Security Law."
§ 902. Statement of
legislative findings.
It is the declared policy of the Commonwealth to conserve
and protect and to encourage the development and improvement of its
agricultural lands for the production of food and other agricultural products.
It is also the declared policy of the Commonwealth to conserve and protect
agricultural lands as valued natural and ecological resources which provide
needed open spaces for clean air, as well as for aesthetic purposes. Article VIII, section 2 of the
Constitution of Pennsylvania provides that the General Assembly may, by
law, establish standards and qualifications for agricultural reserves.
Agriculture in many parts of the Commonwealth is under urban pressure from
expanding metropolitan areas. This urban pressure takes the form of scattered
development in wide belts around urban areas, and brings conflicting land uses
into juxtaposition, creates high costs for public services, and stimulates land
speculation. When this scattered development extends into good farm areas,
ordinances inhibiting farming tend to follow, farm taxes rise, and hopes for speculative
gains discourage investments in farm improvements. Many of the agricultural
lands in the Commonwealth are in jeopardy of being lost for any agricultural
purposes. Certain of these lands constitute unique and irreplaceable land
resources of Statewide importance. It is the purpose of this act to provide
means by which agricultural land may be protected and enhanced as a viable
segment of the Commonwealth's economy and as an economic and environmental
resource of major importance.
It is further the purpose of this act to:
§ 903. Definitions.
The following words and phrases when used in this act shall
have the meanings given them in this section, unless the context clearly
indicates otherwise:
"Advisory committee."
An
Agricultural Security Area Advisory Committee.
"Agricultural conservation
easement."
An
interest in land, less than fee simple, which interest represents the right to
prevent the development or improvement of the land for any purpose other than
agricultural production. The easement may be granted by the owner of the fee
simple to any third party or to the Commonwealth, to a county governing body or
to a unit of local government. It shall be granted in perpetuity as the
equivalent of covenants running with the land. The exercise or failure to
exercise any right granted by the easement shall not be deemed to be management
or control of activities at the site for purposes of enforcement of the act of October 18, 1988
(P.L. 756, No. 108), known as the "Hazardous Sites Cleanup Act."
"Agricultural
production."
The
production for commercial purposes of crops, livestock and livestock products,
including the processing or retail marketing of such crops, livestock or
livestock products if more than 50% of such processed or merchandised products
are produced by the farm operator.
"Agricultural security
area."
A unit of
250 or more acres of land used for the agricultural production of crops,
livestock and livestock products under the ownership of one or more persons and
designated as such by the procedures set forth in this act or designated as
such pursuant to the act of January 19, 1968 (1967 P.L. 992, No. 442), entitled
"An act authorizing the Commonwealth of Pennsylvania and the counties
thereof to preserve, acquire or hold land for open space uses," prior to
the effective date of the amendatory act, by the governing body of the county
or governing body of the municipality in which such agricultural land is
located on the basis of criteria and procedures which predate the effective
date of this amendatory act: Provided, That an owner of land designated as such
under the authority of the act of January 19, 1968 (1967 P.L. 992, No. 442) may
withdraw such land from an agricultural security area by providing written
notice of withdrawal to the county governing body or governing body of the
municipality in which such land is located within 180 days of the effective
date of this amendatory act.
"County board."
The
County Agricultural Land Preservation Board.
"County governing body."
The
county board of commissioners or other designated council of representatives
under home rule charters.
"County planning
commission."
A
planning commission or agency which has been designated by the county governing
body to establish and foster a comprehensive plan for land management and
development within the county.
"Crops, livestock and
livestock products."
Include
but are not limited to:
1.
Field crops, including
corn, wheat, oats, rye, barley, hay, potatoes and dry beans.
2.
Fruits, including
apples, peaches, grapes, cherries and berries.
3.
Vegetables, including
tomatoes, snap beans, cabbage, carrots, beets, onions and mushrooms.
4.
Horticultural
specialties, including nursery stock ornamental shrubs, ornamental trees and
flowers.
5.
Livestock and
livestock products, including cattle, sheep, hogs, goats, horses, poultry,
furbearing animals, milk, eggs and furs.
6.
Timber, wood and other
wood products derived from trees.
7.
Aquatic plants and
animals and their byproducts.
"Crops unique to the
area."
Include,
but are not limited to, crops which historically have been grown or have been
grown within the last five years in the region and which are used for
agricultural production in the region.
"Department."
The
Department of Agriculture of the Commonwealth.
"Description of the proposed
area."
A
complete and accurate list of the name or names of the owner or owners of each
parcel of land to be included in the proposed agricultural security area, the
tax parcel number or account number of each parcel and the number or account
number of acres (including partial acres, to the nearest thousandth) contained
in each parcel. Such description shall use county tax map references for
determining boundaries of each parcel, and no survey of parcels shall be
required, except when an individual parcel included in the agricultural
security area shall represent less than the entire amount of contiguous land
contained in the property of an owner.
"Eligible counties."
Counties
whose easement purchase programs have been approved by the State Agricultural
Land Preservation Board. For the purpose of annual allocations, an eligible
county must have its easement purchase program approved by the State
Agricultural Land Preservation Board by January 1 of the year in which the
annual allocation is made. Counties of the first class are not eligible under
any circumstances.
"Farmland value."
The price
as of the valuation date for property used for normal farming operations which
a willing and informed seller who is not obligated to sell would accept for the
property, and which a willing and informed buyer who is not obligated to buy
would pay for the property.
"Fiscal year."
Fiscal
year of the Commonwealth
"Fund."
The
Agricultural Conservation Easement Purchase Fund established by the act of May
13, 1988 (P.L. 398, No. 64), entitled "An act amending the act of June 18,
1982 (P.L. 549, No. 159), entitled 'An act providing for the administration of
certain Commonwealth farmland within the Department of Agriculture,' providing
for the disposition of proceeds from the sale of certain land, equipment or
facilities."
"Governing body."
The
governing body of a local government unit.
"Immediate family
member."
A
brother, sister, son, daughter, stepson, stepdaughter, grandson, granddaughter,
father or mother of the landowner.
"Joint ownership."
Joint
tenancy in an agricultural conservation easement purchase as the interests of
the parties appear.
"Local government unit."
Any city,
borough, township or town.
"Market value."
The price
as of the valuation date for the highest and best use of the property which a
willing and informed seller who is not obligated to sell would accept for the
property, and which a willing and informed buyer who is not obligated to buy
would pay for the property.
"Normal farming
operations."
The
customary and generally accepted activities, practices, and procedures that
farmers adopt, use, or engage in year after year in the production and
preparation for market of crops, livestock, and livestock products and in the production
and harvesting of agricultural, agronomic, horticultural, silvicultural, and
aquacultural crops and commodites. The term includes the storage and
utilization of agricultural and food processing wastes for animal feed and the
disposal of manure, other agricultural waste and food processing waste on land
where the materials will improve the condition of the soil or the growth of
crops or will aid in the restoration of the land for the same purpose.
"Planning commission."
A local
government planning commission or agency which has been designated by the
governing body of the local government unit to establish and foster a
comprehensive plan for land management and development within the local
government unit.
"Secretary"
The
Secretary of Agriculture of the Commonwealth.
"State board"
The State
Agricultural Land Preservation Board.
"Viable agricultural
land."
Land
suitable for agricultural production and which will continue to be economically
feasible for such use if real estate taxes, farm use restrictions, and
speculative activities are limited to levels approximately those in commercial
agricultural areas not influenced by the proximity of urban and related
nonagricultural development.
§ 904. Agricultural Security
Area Advisory Committee.
The governing body of any local government may establish an
Agricultural Security Area Advisory Committee which shall consist of three
active farmers, each representing a different private or corporate farm, and
one citizen residing within the unit of local government and one member of the
governing body of such local government, who shall serve as the chairman of the
committee. Such a committee shall be established when a proposal is received by
the governing body for the creation of an agricultural security area. Pursuant
to this act the members of such committee shall be appointed by and shall serve
at the pleasure of the chairman of the governing body. The members shall serve
without salary, but the governing body may entitle each such member to
reimbursement for his actual and necessary expenses incurred in the performance
of his official duties. Such committee shall advise the governing body and work
with the planning commission in relation to the proposed establishment,
modification, and termination of agricultural security areas. In particular,
the committee shall render expert advice relating to the desirability of such
action, including advice as to the nature of farming and farm resources within
the proposed area and the relation of farming in such area to the local
government unit as a whole.
§ 905. Agricultural security
areas.
(a) Proposals for creation.-Any owner or owners of land
used for agricultural production may submit a proposal to the governing body
for the creation of an agricultural security area within such local government
unit, provided that such owner or owners own at least 250 acres of viable
agricultural land proposed to be included in the area. The proposed area may
also consist of any number of noncontiguous tax parcels or accounts: Provided,
That each tax parcel or account is at least ten acres or has an anticipated
yearly gross income of at least $2,000 from the agricultural production of
crops, livestock and livestock products on such parcel or account.
(a.1) Submitting the proposal.-Such proposal for creation
of an agricultural security area shall be submitted in such manner and form as
may be prescribed by the governing body of the local government unit wherein
the proposed area is situated and shall include a description of the proposed
area, including the boundaries thereof. Such proposal to the governing shall be
submitted by certified mail with return receipt requested. The return receipt
shall serve as notice of the official receipt of the proposal by the governing
body and shall verify the official submission date.
(a.2) Proposals for agricultural security areas in more
than one local government unit.-
(a.3) Fees.-Except as provided in this subsection, a
governing body shall not require landowners including in a proposed
agricultural security area to pay any fees in connection with the application
for or the review of agricultural security areas as required in this section
and sections 6, 7, 8 and 9. [3 P.S. § 906, 907, 908, and 909 infra.]
A governing body may by resolution
impose reasonable filing fees in connection with the administration and review
of an agricultural security area application that proposes to include
substantially the same lands as proposed in a previously submitted application that
the governing body had rejected within 36 months based on the recommendations
of the Agricultural Security Area Advisory Committee and the planning
commission.
(b) Notice.-[to be inserted.]
(c) Modification proposals.-[to be inserted.]
(d) Report by planning commission.-[to be inserted.]
(e) Referral to advisory committee.-[to be inserted.]
§ 906. Public hearings.
(a) Hearings.-The governing body shall hold a public
hearing relative to the proposed agricultural security area upon receipt of the
reports from the advisory committee and the planning commission or upon
expiration of the 45-day period as provided in section 5 [section 905 supra.].
(b) Place of hearing.-The hearing shall be held at a place
within the proposed area or otherwise readily accessible to the proposed area,
such as a municipal building.
(c) Notice of hearing.-Pursuant to the act of July 3, 1986 (P.L. 388, No.
84), known as the "Sunshine Act," a hearing notice shall be
published in a newspaper having a general circulation within the proposed area.
In addition, notice shall be given in writing to those landowners who proposed
modifications pursuant to section 5(c) or whose land is included in proposed
modifications, and to all landowners within the proposed agricultural security
area. Notice also shall be given by posting such notice in five conspicuous
places within, adjacent or near to the proposed area. Such notice shall contain
the following information:
(i) The original proposal.
(ii) Any written amendments proposed during the review period. (Iii) Any
recommendations proposed by the Agricultural Security Area Advisory Committee
and the planning commission.
§ 907. Evaluation criteria.
(a) Factors to be considered.-The following factors shall
be considered by the planning commission, advisory committee, and at any public
hearing:
(b) Resource materials.-In considering the viability
factors as set forth in this section, various resource materials shall be used,
including, but not limited to, the following:
§ 908. Decision on proposed
area.
[to be inserted.]
§ 909. Review of area.
(a) Review by governing body.-The governing body shall
review any area created under section 8 seven years after the date of its
creation and every seven years thereafter. In conducting such review, the
governing body shall ask for the recommendations of the planning commission,
the county planning commission and the advisory committee, and shall, at least
120 days prior to the end of the seventh year and not more than 180 days prior
to such date, hold a public hearing at a place within the area or otherwise
readily accessible to the area. Prior to the commencement of such review,
notice thereof shall be given by publication in a newspaper having a general
circulation within the area, by notice posted in five conspicuous places
within, adjacent to or near the area and by notice, in writing, to all persons
owning land within the area that the agricultural security area will be
reviewed in accordance with law. All such notices shall be given 30 days before
the commencement of such review. Persons wishing to modify the area shall
submit proposed modifications within 30 days of the date of such notices.
Thereafter, in conducting such review the governing bodies shall follow all the
procedures and requirements of sections 5, 6, 7, and 8 [3 P.S. §§ 905-908] for
the consideration of the agricultural security area and proposed modifications
thereto. Within ten days of its action of termination or modification, the
governing body shall file a notice of termination or modification with the
recorder of deeds, who shall record such notice in such manner and place as has
been provided in the original recording of the agricultural security area. The
governing body shall also file a notice of termination or modification with the
planning commissions of the county and of the local government unit. If the
governing body does not act, or if a modification of an area is rejected, the
area shall be deemed to be readopted without modification for another seven
years.
(b) Interim review.- [to be inserted.]
§ 910. Appeals.
Any party in interest aggrieved by a decision or action of
the governing body relating to the creation, composition, modification,
rejection or termination of an agricultural area may take an appeal to the
court of common pleas, in the manner provided by law within 30 days after such
decision or action.
§ 911. Limitation on local
regulations.
(a) General rule.-Every municipality or political
subdivision within which an agricultural security area is created shall
encourage the continuity, development and viability of agriculture within such
an area by not enacting local laws or ordinances which would unreasonably
restrict farm structures or farm practices within the area in contravention of
the purposes of this act unless such restrictions or regulations bear a direct
relationship to the public health or safety.
(b) Public nuisance.-Any municipal or political subdivision
law or ordinance defining or prohibiting a public nuisance shall exclude from
the definition of such nuisance any agricultural activity or operation
conducted using normal farming operations within an agricultural security area
as permitted by this act if such agricultural activity or operation does not
bear a direct relationship to the public health and safety.
§ 912. Policy of Commonwealth
agencies.
It shall be the policy of all Commonwealth agencies to
encourage the maintenance of viable farming in agricultural security areas and
their administrative regulations and procedures shall be modified to this end
insofar as is consistent with the promotion of public health and safety, with
the provisions of any Federal statutes, standards, criteria, rules,
regulations, or policies, and any other requirements of Federal agencies,
including provisions applicable only to obtaining Federal grants, loans, or
other funding.
§ 913. Limitation on certain
governmental actions.
(a) Approval required for condemnation and for certain
other actions by an agency of the Commonwealth.-
(b) Approval required for condemnation by a political
subdivision, authority, public utility or other body.-
(c) Notice.-
(d) Review by Agricultural Lands Condemnation Approval
Board and other bodies.-
(e) Public hearings.-
(f) Findings and decisions.-
(g) Injunctions.-
(h) Emergencies excepted.-
§ 914. [Repealed.]
§ 914.1. Purchase of
agricultural conservation easements.
[to be inserted.]
§ 914.2. Agricultural
conservation easement purchase fund.
[to be inserted.]
§ 914.3. Commonwealth
indebtedness.
[to be inserted.]
§ 914.4. Legislative report.
[to be inserted.]
§ 915. Rules and regulations.
[to be inserted.]
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