act-1994-0-100•Pennsylvania Act 1994-100 — AGRICULTURAL AREA SECURITY LAW - OMNIBUS AMENDMENTS
Pennsylvania Act 1994-100 — AGRICULTURAL AREA SECURITY LAW - OMNIBUS AMENDMENTS
act-1994-0-1001994 Pa. Act 100Law
Act text
AGRICULTURAL AREA SECURITY LAW - OMNIBUS AMENDMENTS
Act of Nov. 23, 1994, P.L. 648, No. 100 Cl. 03
Session of 1994
No. 1994-100
HB 2520
AN ACT
Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
act authorizing the creation of agricultural areas,"
providing for definitions, for decision on proposed area, for
agricultural security areas and for installment purchase
programs; further providing for evaluation criteria and
decision on proposed area; and further authorizing investment
of State money.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "agricultural security area"
and "planning commission" in section 3 of the act of June 30,
1981 (P.L.128, No.43), known as the Agricultural Area Security
Law, amended December 14, 1988 (P.L.1202, No.149), are amended
and the section is amended by adding a definition to read:
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section, unless the
context clearly indicates otherwise:
* * *
"Agricultural security area." A unit of [500] 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 this 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 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.
* * *
"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[, or if a county planning commission
or agency, then that entity which has been designated by the
county governing body to establish and foster a comprehensive
plan for land management and development within the county].
* * *
Section 2. Section 5(a), (a.2), (a.3) and (d) of the act,
amended or added December 14, 1988 (P.L.1202, No.149) and April
13, 1992 (P.L.100, No.23), are amended to read:
Section 5. 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 [500] 250 acres of viable agricultural land
proposed to be included in the area. The proposed area may also
consist of two or more noncontiguous tax parcels or accounts:
Provided, That each tax parcel or account is at least ten acres.
* * *
(a.2) Proposals for agricultural security areas in more than
one local government unit.--If the land included in a proposal
for an agricultural security area is situated in more than one
local government unit, the proposal shall be submitted to, and
approval of the proposal shall be sought from, the governing
body of each such local government unit affected. The governing
bodies may cooperate in the review of a proposed agricultural
security area and may provide joint public notices, a joint
agricultural security area advisory committee and a joint public
hearing on the security area. A rejection by a governing body
shall exclude that portion of the proposal which is situated
within the local government unit. However, such rejection shall
not preclude the approval of the remaining portion of the
proposal as an agricultural security area by the governing body
of the other affected local government units, provided that the
total acreage approved is at least [500] 250 acres and that such
approved portion meets all other requirements imposed under this
act for agricultural security areas.
(a.3) Fees.--[A] Except as provided in this subsection, a
governing body shall not require landowners included 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. 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 the last 36 months based on
the recommendations of the Agricultural Security Area Advisory
Committee and the planning commission.
* * *
(d) Report by planning commission.--
(1) For a planning commission which is not a county
planning commission, the following shall apply:
(i) The governing body shall, upon the termination
of the 15-day period provided in subsection (b)(3), refer
such proposal and proposed modifications to the planning
commission.
(ii) The planning commission shall have up to 45
days to review the proposal and proposed modifications
and report to the governing body the potential effect of
such proposal and proposed modifications upon the local
government's planning policies and objectives.
(iii) The failure of the planning commission to
submit a report within 45 days shall be deemed to
constitute approval of the proposed agricultural security
area by the planning commission.
(2) For a county planning commission, the following
shall apply:
(i) The governing body shall, upon the termination
of the 15-day period provided in subsection (b)(3), refer
such proposal and proposed modifications to the county
planning commission.
(ii) The county planning commission shall have up to
45 days to review the proposal and proposed modifications
and report to the governing body its recommendations
concerning the proposal and proposed modifications.
(iii) The failure of the county planning commission
to submit a report within 45 days shall be deemed to
constitute approval of the proposed agricultural security
area by the county planning commission.
* * *
Section 3. Section 7(a) of the act, amended December 14,
1988 (P.L.1202, No.149), is amended to read:
Section 7. Evaluation criteria.
(a) Factors to be considered.--The following factors shall
be considered by the planning commission, advisory committee,
and at any public hearing:
(1) Land proposed for inclusion in an agricultural
security area shall have soils which are conducive to
agriculture. This factor will have been satisfied without
further consideration if at least 50% in the aggregate of the
land to be included in an agricultural security area falls
into one of the following categories: land whose soils are
classified in Soil Conservation Service Capability Classes I
through IV, excepting IV(e); land which falls within the Soil
Conservation Service classification of "unique farm land"; or
land whose soils do not meet Capability Classes I through IV
but which is currently in active farm use and is being
maintained in accordance with the soil erosion and
sedimentation plan applicable to such land.
(2) Use of land proposed for inclusion in an
agricultural security area shall be compatible with local
government unit comprehensive plans. Any zoning shall permit
agricultural use but need not exclude other uses.
(3) The landowner may propose to include all of his
land, regardless of zoning, in an agricultural security area.
[(3)] (4) The land proposed for inclusion in the
agricultural security area, and any additions which are
proposed subsequently, shall be viable agricultural land.
[(4)] (5) Additional factors to be considered are the
extent and nature of farm improvements, anticipated trends in
agricultural economic and technological conditions and any
other matter which may be relevant.
* * *
Section 4. Section 8(e) and (f) of the act, amended April
13, 1992 (P.L.100, No.23), are amended to read:
Section 8. Decision on proposed area.
* * *
(e) Participation.--Participation in the agricultural
security area shall be available on a voluntary basis to
landowners within the jurisdiction of the governing body
including those not among the original petitioners. The deletion
of land in the agricultural security area shall only occur after
seven years or whenever the agricultural security area is
subject to review by the governing body.
(f) Additions of land to agricultural security area during
seven-year period.--The addition of land to the agricultural
security area may occur at any time during the seven-year period
provided for in section 9[: Provided, That any]. Land may be
added to an existing agricultural security area located entirely
outside the local government unit in which the proposed land is
located: Provided That, prior to the submission of the proposal,
the local government unit in which the proposed land is located
and each local government unit in which the existing
agricultural security area is located have adopted an ordinance
or resolution allowing all land to be part of an individual
agricultural security area located or to be located in all such
local government units. Any proposal for such addition, and for
approval or disapproval thereof, shall follow all the procedures
and requirements of sections 5, 6 and 7 and this section for
proposal, consideration and decision as to approval or
disapproval of the original agricultural security area except
that there shall be no requirement that any proposal for such
addition include at least 250 acres of viable agricultural land.
If the land comprising the additional proposal could be added to
more than one existing agricultural security area, or shall lie
in more than one [township] local government unit, the proposal
shall be considered as an addition to the agricultural security
area which was first approved. Land added to an existing
agricultural security area during any seven-year period shall be
reviewed at the same time as all other land in the agricultural
security area.
[(f)] (g) Notification to secretary.--Within ten days of the
recording of the agricultural security area, the governing body
shall notify the Secretary of Agriculture that the area has been
approved and recorded, modified or terminated. Such notification
shall be in writing and shall include the number of landowners,
the total acreage of the area, the date of approval by the
governing body and the date of recording. The notification shall
include only one landowner when land is under multiple ownership
or is comprised of multiple parcels or accounts.
Section 5. Section 14.1(e)(1)(iii) and (g) of the act,
amended or added December 14, 1988 (P.L.1202, No.149) and April
13, 1992 (P.L.100, No.23), are amended and subsections (b) and
(h) are amended by adding paragraphs to read:
Section 14.1. Purchase of agricultural conservation easements.
* * *
(b) County programs.--After the establishment of an
agricultural security area by the governing body, the county
governing body may authorize a program to be administered by the
county board for purchasing agricultural conservation easements
from landowners whose land is within an agricultural security
area.
* * *
(5) The governing body of the county may authorize the
establishment of a program for the purchase of agricultural
conservation easements on an installment or other deferred
basis. The obligation of the county to make payment on an
installment or other deferred basis shall not be subject to
the requirements of section 602(b) or (c) of the "Local
Government Unit Debt Act."
* * *
(e) Easement purchase.--
(1) The State board may reject the recommendation made
by a county for purchase of an agricultural conservation
easement whenever:
* * *
(iii) The farmland which would be subject to the
agricultural conservation easement is not located within
a duly established agricultural security area of 500 or
more acres established or recognized under this act.
* * *
(g) Purchase price.--The price paid for purchase of an
agricultural conservation easement in perpetuity shall not
exceed the difference between the nonagricultural value and the
agricultural value determined pursuant to subsection (f) at the
time of purchase, unless the difference is less than the State
or county boards' original appraised value in which case the
State or county boards' original easement value may be offered.
The price paid for purchase of an easement for a term of 25
years shall not exceed one-tenth of the difference between the
nonagricultural value and the agricultural value determined
pursuant to subsection (f) at the time of purchase. The purchase
price may be paid in a lump sum, in installments over a period
of years, or in any other lawful manner of payment. If payment
is to be made in installments or another deferred method, the
person selling the easement may receive, in addition to the
selling price, interest in an amount or at a rate set forth in
the agreement of purchase, and final payment of all State money
shall be made within, and no later than, five years from the
date the agricultural conservation easement purchase agreement
was fully executed. The county may provide for payments on an
installment or other deferred basis and for interest payments by
investing its allocation of State money for purchases approved
by the State board under subsection (h)(11) in securities
deposited into an irrevocable escrow account or in another
manner provided by law.
(h) Allocation of State moneys.--The State board shall make
an annual allocation among counties, except counties of the
first class, for the purchase of agricultural conservation
easements.
* * *
(11) Whenever the State board approves the
recommendation made by a county for purchase of an
agricultural conservation easement on an installment or other
deferred basis and final payment is to be made more than five
years from the date the agricultural conservation easement
purchase agreement is fully executed, the moneys allocated to
the county for the purchase of such easement, exclusive of
interest, shall be transferred to the county and may be
invested by the county in the manner provided by law.
Transfer of the moneys to the county shall relieve the
Commonwealth of any obligation to pay or assure the payment
of the purchase price and interest.
Section 6. This act shall take effect January 1, 1995.
APPROVED--The 23rd day of November, A. D. 1994.
ROBERT P. CASEY
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