Pennsylvania Act 1994-100 — AGRICULTURAL AREA SECURITY LAW - OMNIBUS AMENDMENTS

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