Pennsylvania Act 1965-515 — COVENANTS TO PRESERVE LAND USE - PROPERTY TAX ASSESSMENTS

Act text

COVENANTS TO PRESERVE LAND USE - PROPERTY TAX ASSESSMENTS
             Act of Jan. 13, (1966) 1965, P.L. 1292, No. 515          Cl. 16
                                  AN ACT

     Enabling certain counties of the Commonwealth to covenant with
        land owners for preservation of land in farm, forest, water
        supply, or open space uses.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Definitions.--For the purposes of this act the
     following definitions shall apply:
        (1)  "Farm land." Any tract or tracts of land in common
     ownership of at least twenty acres in area, used for the raising
     of livestock or the growing of crops. ((1) amended Oct. 26,
     1972, P.L.1030, No.254)
        (2)  "Forest land." Any tract or tracts of land in common
     ownership of at least twenty-five acres in area used for the
     growing of timber crops.
        (3)  "Water supply land." Any land used for the protection of
     watersheds and water supplies, including but not limited to land
     used for the prevention of floods and soil erosion, for the
     protection of water quality, and for replenishing surface and
     ground water supplies.
        (4)  "Open space land." Any land, including farm, forest and
     water supply land, in common ownership, of at least ten acres in
     area, in which site coverage by structures, roads and paved
     areas does not exceed three percent. Open space land includes
     land the restriction on the use of which could (i) conserve
     natural or scenic resources, including but not limited to soils,
     beaches, streams, wetlands, or tidal marshes; (ii) enhance the
     value to the public of abutting or neighboring parks, forests,
     wildlife preserves, nature reservations, or other public open
     spaces; (iii) augment public recreation opportunities; (iv)
     preserve sites of historic, geologic, or botanic interest; (v)
     promote orderly urban or suburban development; or (vi) otherwise
     preserves open space without structures, roads and paved areas
     exceeding three percent of site coverage. ((4) amended Oct. 26,
     1972, P.L.1030, No.254)
        (5)  "Municipality." Any city, borough, town or township.
        Section 2.  Planning Requirements.--No land shall be subject
     to the provisions of this act unless designated as farm, forest,
     water supply, or open space land in a plan adopted following a
     public hearing by the planning commission of the municipality,
     county or region in which the land is located.
        (2 amended Dec. 28, 1972, P.L.1656, No.352)
        Section 3.  Covenant for Farm, Forest, Water Supply or Open
     Space Uses.--All counties are hereby authorized to enter into
     covenants with owners of land designated as farm, forest, water
     supply, or open space land on an adopted municipal, county or
     regional plan for the purpose of preserving the land as open
     space. Such covenants and extensions thereof shall take effect
     upon recording in the office of recorder of deeds. The land
     owner may voluntarily covenant for himself and his successors
     and assigns in right, title and interest that the land will
     remain in open space use as designated on the plan for a period
     of ten years commencing with the date of the covenant. The
     county shall covenant that the real property tax assessment, for
     a period of ten years commencing with the date of the covenant,
     will reflect the fair market value of the land as restricted by
     the covenant. The board to which assessment appeals are taken
     shall take into consideration the covenant's restriction upon
     the land in fixing the assessment.
        (3 amended Oct. 26, 1972, P.L.1030, No.254 and Dec. 28, 1972,
     P.L.1656, No.352)
        Section 4.  Renewal and Termination of Covenant.--Each year
     on the anniversary date of entering the covenant, it shall be
     extended for one year unless:
        (1)  At least thirty days prior to any anniversary date of
     entering the covenant the land owner notifies the county that he
     wishes to terminate the covenant at the expiration of ten years
     from the anniversary date, or
        (2)  At least thirty days prior to an anniversary date of
     entering the covenant the county notifies the land owner that it
     wishes to terminate the covenant at the expiration of ten years
     from the anniversary date, on the sole ground that the plan
     designating the land as farm, forest, water supply, or open
     space land has been amended officially so that the designation
     is no longer in accord with the plan.
        Notification of the desire to terminate the covenant shall be
     by registered mail.
        (4 amended Oct. 26, 1972, P.L.1030, No.254)
        Section 5.  County Procedures.--The county governments shall
     establish procedures governing covenants between land owners and
     counties for preservation of land in the uses covered by this
     act.
        Section 6.  Breach of Covenant by Land Owner.--(a)  If the
     land owner, his successors or assigns, while the covenant is in
     effect, alters the use of the land to any use other than that
     designated in the covenant, such alteration shall constitute a
     breach of the covenant and the land owner at the time of said
     breach, shall pay to the county, as liquidated damages, the
     difference between the real property taxes paid and the taxes
     which would have been payable absent the covenant, plus compound
     interest at the rate of five percent per year from the date of
     entering the covenant to the date of its breach or from a date
     five years prior to the date of its breach whichever period is
     shorter. Such liquidated damages shall be a lien upon the
     property collectible in the manner provided by law for the
     collection of unpaid real property taxes. The acquisition by
     lease, purchase or eminent domain, and use of rights of way or
     underground storage rights in such land by a public utility or
     other body entitled to exercise the power of eminent domain or
     by a wireless or cellular telecommunications provider who
     satisfies the conditions under subsection (b) shall not
     constitute an alteration of use or a breach of covenant.
        (b)  Use of the land covered by the covenant by a wireless or
     cellular telecommunications provider shall not constitute an
     alteration of use or breach of the covenant when the following
     conditions are satisfied:
        (1)  The land so used does not exceed one-half of one acre.
        (2)  The land does not have more than one communication
     tower.
        (3)  The land is accessible.
        (4)  The land is not sold or subdivided. A lease of land
     shall not be considered a subdivision under this clause.
        (c)  Use of land under this section for wireless services
     other than wireless telecommunications may only qualify if such
     wireless services share a tower with a wireless
     telecommunications provider as provided for in subsection (b).
        (d)  A landowner may lease a tract of land restricted by an
     open-space covenant under the provisions of this act for
     wireless or cellular telecommunications purposes without
     subjecting the entire tract to liquidated damages, provided that
     the conditions of subsection (b) are satisfied. Liquidated
     damages shall be imposed upon the tract of land leased by the
     landowner for wireless or cellular telecommunications purposes,
     and the fair market value of that tract of land shall be
     adjusted accordingly.
        (e)  The wireless or cellular communications provider shall
     be solely responsible for obtaining required permits in
     connection with any construction on a tract of land which it
     leases pursuant to the provisions of this section for
     telecommunications purposes. No permit requested pursuant to
     this section shall be denied by a municipality for any reason
     other than failure to strictly comply with permit application
     procedures.
        (6 amended May 31, 1996, P.L.332, No.50)
        Section 7.  Severability; Inconsistent Laws.--If any section,
     provision or clause of this act shall be declared invalid or
     inapplicable to any persons or circumstances such action shall
     not be construed to affect the rest of the act or circumstances
     not so affected. All laws or portions of laws inconsistent with
     the policy and provisions of this act are hereby repealed to
     that extent.
        Section 8.  Effective Date.--This act shall take effect
     immediately.