[27 Pa.B. 6782]
[Continued from previous Web Page] Land which has been devoted primarily to agricultural use--Acreage which is a part of restricted land and is harvested cropland, grazing or pasture land, land used for the production of timber and wood products, land containing nonresidential structures used for agricultural production, or other acreage immediately available for agricultural production, and which excludes any acreage upon which immediate agricultural production is impracticable due to residential structures and their curtilages, wetlands, soil quality, topography or other natural or manmade features, and which further excludes any tract of 2 acres or less designated as the site upon which the landowner's principal residence or housing for seasonal or full-time employes is permitted under section 14.1(c)(6)(iv) of the act.
Landowner--The person holding legal title to a particular farmland tract.
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.
Nonagricultural value--The sum of the following:
(i) The market value determined by the State or county board's appraiser.
(ii) One-half of the difference between the market value determined by the applicant's appraiser and the market value determined by the State or county board's appraiser, if the market value determined by the applicant's appraiser exceeds the market value determined by the State or county board's appraiser.
Nonprofit land conservation organization--A nonprofit organization dedicated to land conservation purposes recognized by the Internal Revenue Service as a tax-exempt organization under the Internal Revenue Code (26 U.S.C.A. §§ 1--7872).
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 commodities. 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 purposes.
Nutrient management plan--A written site-specific plan which incorporates best management practices to manage the use of plant nutrients for crop production and water quality protection consistent with the Nutrient Management Act.
Pennsylvania Municipalities Planning Code--53 P. S. §§ 10101--11201.
Person--A corporation, partnership, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.
Restricted land--Land which is subject to the terms of an agricultural conservation easement acquired under the act.
Secretary--The Secretary of the Department.
Soils available for agricultural production--Soils on land that is harvested cropland, pasture or grazing land, or land upon which no structure, easement, roadway, curtilage or natural or manmade feature would impede the use of that soil for agricultural production.
Soils report--A report which identifies and sets forth the amount of each land capability class found on a farm land tract.
State Board--The State Agricultural Land Preservation Board.
State matching funds--Funds allocated to a county by the State Board under section 14.1(h)(3), (4) or (5)(i) of the act, the expenditure of which is contingent upon the appropriation and expenditure of county matching funds.
State-certified general real estate appraiser--A person who holds a current general appraiser's certificate issued under the Real Estate Appraisers Certification Act (63 P. S. §§ 457.1--457.19).
Subdivision--The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development.
Title report--A report prepared by a person authorized by the Insurance Department to engage in the sale of title insurance or an attorney setting forth the existence of any liens, restrictions or other encumbrances on a farmland tract. The term does not include the title search, but does include the title binder or the title commitment, or both.
USDA--The United States Department of Agriculture.
USDA-NRCS--The Natural Resources Conservation Service of the USDA. This entity was formerly known as the Soil Conservation Service.
REQUIREMENTS FOR CERTIFICATION OF COUNTY PROGRAM § 138e.15. Farmland ranking system.
(a) System required. The county board shall adopt a farmland ranking system meeting the requirements of this section for use in prioritizing applications for the appraisal of properties meeting the minimum criteria in § 138e.16 (relating to minimum criteria for applications). This farmland ranking system may include additional or substitute criteria as approved by the State Board.
(b) Review and approval of system. The county board shall set forth its farmland ranking system in its county program and submit the county program to the State Board for review and approval in accordance with the act.
(c) Land Evaluation and Site Assessment (LESA) system. The farmland ranking system shall evaluate tracts being considered for appraisal on a 100-point scale, using the two-part LESA system described in this section. The weighted Land Evaluation (LE) score shall be calculated in accordance with subsection (d). The weighted Site Assessment (SA) score shall be calculated in accordance with subsection (e). The total of the weighted LE and weighted SA scores equals the farmland ranking score. The county board shall establish in the county program the weighted values to be given the LE score and the SA score, as well as the weighted values to be given the three general categories--development potential (DP), farmland potential (FP) and clustering potential (CP)--of factors to be considered in calculating the SA score. The weighted values set forth in the county program shall total 100%, and shall be within the following ranges:
Minimum Maximum Weighted Weighted Value Value Land Evaluation (LE) 40% 70% Site Assessment (SA)
Developmental Potential10% 40% Site Assessment
Farmland Potential10% 40% Site Assessment
Clustering Potential10% 40% A flow chart summarizing the farmland ranking system is set forth at Appendix A.
(d) Land Evaluation (LE).
(1) Source of soils data. A farmland ranking system shall designate either or both of the following as the source of the soils data used in LE:
(i) The county soil survey, as published by the USDA-NRCS in cooperation with the Pennsylvania State University and the Department.
(ii) The Soil and Water Conservation Technical Guide published and updated by the USDA-NRCS.
(2) Relative value of soil. The county program shall set forth a relative value for each soil mapping unit in the county. The relative value shall be on a 100-point-scale--with 100 points assigned to the best soils for agricultural production and all other soils assigned relative values of less than 100 points.
(3) Calculation of average relative value. The average relative value of the soils on a tract being considered for appraisal shall be calculated by multiplying the relative value of each soil mapping unit within the tract by the total acreage of the soil mapping unit within the tract, adding these products and then dividing that sum by the total acreage of the tract.
Example: A 60-acre tract has 10 acres within soil mapping units with relative values of 95, 20 acres within soil mapping units with relative values of 90 and 30 acres within soil mapping units with relative values of 80. The sum of the relative values is calculated as follows:
10 acres x 95 = 950 acres
20 acres x 90 = 1,800 acres
30 acres x 80 = 2,400 acres
Total 5,150 acresThe 5,150 acre sum is then divided by the total acreage of the tract (60 acres) to determine the average relative value:
5,150 acres divided by 60 acres = 85.83
In this example, the average relative value of the soils on the tract is 85.83.
(4) Calculation of weighted LE score. The weighted LE score of a tract being considered for appraisal shall be the product of the average relative value of the soils on the tract multiplied by the weighted value assigned to the LE score under the county program.
Example. The average relative value of the soils on the tract described in the example in paragraph (3) is 85.83. The county program assigns a weighted value to the LE score of 60% (.60) of the farmland ranking score. The weighted LE score for this tract would be 51.5, calculated as follows:
85.83 x .60 = 51.5
(e) Site Assessment (SA).
(1) General categories of factors. The county programs shall require the evaluation of three general categories of factors in determining the SA score, and shall specify the individual factors to be considered under each of these general categories. These categories are as follows:
(i) Development Potential (DP) factors. Factors that identify the extent to which development pressures are likely to cause conversion of agricultural land to nonagricultural uses.
(ii) Farmland Potential (FP) factors. Factors that measure the potential agricultural productivity and farmland stewardship practiced on a tract.
(iii) Clustering Potential (CP) factors. Factors that emphasize the importance of preserving blocks of farmland to support normal farming operations and help to shield the agricultural community from conflicts with incompatible land uses.
(2) Scoring scale. The county program shall require that each of the three general categories of factors described in paragraph (1) ranks tracts on a 100-point scale. The total combined maximum score under these categories shall be 300 points.
(3) Development Potential (DP) factors.
(i) Number. The county program shall specify no less than 3 and no more than 10 factors to be considered in scoring the DP of a tract being evaluated for appraisal. Three of these factors shall be the factors described in subparagraphs (ii)--(iv), unless substitute factors are approved by the State Board in accordance with subparagraph (v).
(ii) Required factor: availability of sanitary sewer and public water. The county program shall require that the availability of sanitary sewer and public water to a tract be considered in scoring its DP. A farmland tract is more likely to be surrounded by incompatible land uses or be converted to nonagricultural use if it is in an area which is suitable for onlot sewage disposal or if it is in an area which has access to public sewer and water service or is expected to have access to the service within 20 years. The tract shall receive a relatively higher score than a tract that does not have sanitary sewer and public water.
(iii) Required factor: road frontage. The county program shall require that the public road frontage of a tract be considered in scoring DP. Frontage on public roads increases the suitability of a tract for subdivision or development, and is a measure of the capability of a tract to be developed or improved for nonagricultural use. A tract with extensive road frontage shall receive a relatively higher score than a tract with less public road frontage.
(iv) Required factor: extent of nonagricultural use in area. The county program shall require that the extent of nonagricultural use adjoining or in the area of a tract be considered in scoring DP. Consideration shall be given to whether adjacent land uses affect normal farming operations and whether surrounding, but not necessarily adjoining, land uses affect the ability of the landowner to conduct normal farming operations on the tract, or whether the impacts are likely to occur within the next 20 years. Urban uses are generally considered incompatible with agricultural uses. A tract with extensive nonagricultural uses in the area shall receive a relatively higher score than a tract that is more distant from the nonagricultural uses.
Example: A county program may require that the percentage of adjacent land in nonagricultural use or the distance to urban centers or growth areas, or both, be considered in scoring DP.
(v) Substitute or additional factors. Subparagraphs (ii)--(iv) notwithstanding, a county program may set forth substitute or additional factors to be considered in scoring development potential, if the factors are reviewed and approved by the State Board.
(vi) Weight of individual factors. The county board shall establish and set forth in its county program the number of points that may be awarded under any individual factor in scoring DP. The number of points may vary from factor to factor.
(4) Farmland Potential (FP) factors.
(i) Number. The county program shall specify no less than 4 and no more than 10 factors to be considered in scoring the FP of a tract being evaluated for appraisal. Four of these factors shall be the factors described in subparagraphs (ii)--(v), unless substitute factors are approved by the State Board in accordance with subparagraph (vi).
(ii) Required factor: percentage of certain types of land. The county program shall require that the percentage of harvested cropland, pasture and grazing land on a tract be considered in scoring FP. Large amounts of productive farmland--harvested cropland, pasture and grazing land--make a farm more viable. If a large percentage of a tract is not used as productive farmland, the tract should receive a lower farmland potential score.
(iii) Required factor: stewardship of land. The county program shall require that the stewardship of the land and the use of conservation practices and best land management practices be considered in scoring the FP of a tract. A score will not be awarded under this factor unless sound soil and water conservation practices are in place with respect to at least 50% of the tract. The implementation of soil erosion control, sedimentation control, nutrient management and other practices demonstrating good stewardship of the tract shall be considered under this factor.
(iv) Required factor: size of tract on application. The county program shall require that the size of a tract described in the easement purchase application be considered in scoring the FP of the tract. In general, a farmland tract with higher acreage should be assigned a relatively higher value than a tract having less acreage.
(v) Required factor: historic, scenic and environmental qualities. The county program shall require that the designation or listing of a tract by local/State/Federal authorities as an historically or culturally-significant location, or a scenic area or open space be considered in scoring the FP of a tract. Tracts adjoining designated protected areas such as flood plains, wildlife habitat, parks, forests and educational sites shall also be considered under this factor. The county program shall specify whether a tract shall receive a relatively higher or relatively lower score based upon its historic, scenic or environmental qualities.
(vi) Substitute or additional factors. Subparagraphs (ii)--(v) notwithstanding, a county program may set forth substitute or additional factors to be considered in scoring FP, if the factors are reviewed and approved by the State Board. The additional factors may include a factor that awards points based upon the landowner's offer to sell the easement at a reduced price.
(vii) Weight of individual factors. The county board shall establish and set forth in its county program the number of points that may be awarded under any individual factor in scoring FP. The number of points may vary from factor to factor.
(5) Clustering Potential (CP) factors.
(i) Number. The county program shall specify no less than three and no more than ten factors to be considered in scoring the CP of a tract being evaluated for appraisal. Three of these factors shall be the factors described in subparagraphs (ii)--(iv), unless substitute factors are approved by the State Board in accordance with subparagraph (v).
(ii) Required factor: consistency with planning map. The county program shall require that the location of a tract with respect to those areas of the county identified as important agricultural areas of the county in the planning map described in § 138e.17 (relating to planning and development map) be considered in scoring the CP of the tract. A tract that is within an identified important agricultural area shall receive a higher score than tracts that are distant from these areas. Tracts located within the designated areas are more viable for agricultural use and are more likely to be compatible with county and local comprehensive plans.
(iii) Required factor: proximity to restricted land. The county program shall require that the proximity of a tract to land already under agricultural conservation easement--whether held by a county, the State, jointly by the county and State, a unit of local government, or by a nonprofit land conservation organization--be considered in scoring the CP of the tract. A tract that is close to the restricted land shall receive a higher score than tracts that are more distant from the restricted land. Clustering easement purchases will develop a mass of farmland which supports normal farming operations and reduces conflicts with incompatible land uses.
(iv) Required factor: percentage of adjoining land in an agricultural security area. The county program shall require that the percentage of a tract's boundary that adjoins land in an agricultural security area be considered in scoring the CP of the tract. The higher the percentage, the higher the score shall be. Areas where agriculture has been given protection by the municipality, at the request of the landowners, provides an environment conducive to farming.
(v) Substitute or additional factors. Subparagraphs (ii)--(iv) notwithstanding, a county program may set forth substitute or additional factors to be considered in scoring clustering potential, if the factors are reviewed and approved by the State Board. The additional factors may include a factor that awards points for the establishment of new clustering areas.
(vi) Weight of individual factors. The county board shall establish and set forth in its county program the number of points that may be awarded under any individual factor in scoring CP. The number of points may vary from factor to factor.
(6) Calculation of weighted Site Assessment (SA) score. The SA score of a tract being considered for appraisal shall be calculated as follows: The product of the DP score multiplied by the weighted value for that category is the weighted DP score. The product of the FP score multiplied by the weighted value for that category is the weighted FP score. The product of the CP score multiplied by the weighted value for that category is the weighted CP score. The sum of these three weighted scores is the weighted SA score.
Example: A county program assigns weighted values of 10% to DP, 20% to FP and 30% to CP. The DP, FP and CP scores for a particular tract are 92, 85 and 80, respectively. The weighted DP score equals the DP score (92) multiplied by its weighted value (10%): 9.2. The weighted FP score equals the FP score (85) multiplied by its weighted value (20%): 17. The weighted CP score equals the CP score (80) multiplied by its weighted value (30%): 24. The weighted SA score is the sum of these three weighted scores (9.2 + 17 + 24): 50.2.
(f) Calculation of farmland ranking score. The sum of the weighted LE score and the weighted SA score equals the farmland ranking score.
(g) Use of farmland ranking score. The farmland ranking score shall determine the order in which tracts are selected by the county board for appraisal. Selection for appraisal shall be made in descending order of farmland ranking score.
§ 138e.17. Planning and development map.
(a) The county board shall, in consultation with the county planning commission, prepare and adopt a map identifying the important agricultural areas of the county. The scale of the map shall be such that it can be used to locate specific land proposed for easement purchase.
(b) The county board shall encourage the formation of agricultural security areas in the important agricultural areas identified in the map described in subsection (a).
(c) The planning and development map shall identify areas in the county devoted primarily to agricultural use where development is occurring or is likely to occur in the next 20 years. The identification of these areas shall be made in consultation with the county planning commission, and any other body the county board deems appropriate.
PROCEDURE FOR PURCHASING AN EASEMENT § 138e.62. Evaluation of application.
(a) The county board shall review the application to determine if it is complete and meets the minimum criteria in §§ 138e.11--138e.21 (relating to requirements for certification of county program).
(b) If the application is complete and the minimum criteria are met, an agent or member of the county board shall view the farmland tract and discuss the county program with the applicant.
(c) The county board shall evaluate timely applications which meet the minimum criteria and rank them according to the county farmland ranking system.
§ 138e.64. Appraisal.
(a) An offer to purchase an easement shall be based upon one or more appraisal reports which estimate the market value and the farmland value of the farmland tract, as those terms are defined in § 138e.3 (relating to definitions). The initial appraisal shall be at the county board's expense. This expense may be reimbursed as a cost incident to easement purchase in accordance with section 14.1(h)(6) of the act (3 P. S. § 914.1(h)(6)) and § 138e.68 (relating to title insurance).
(b) An appraisal of market value and farmland value shall be based on an analysis of comparable sales, and shall be conducted in accordance with standards in the most recent edition of the Uniform Standards of Professional Appraisal Practice, published by the Appraisal Standards Board of the Appraisal Foundation. If an appraiser cannot practicably conduct an appraisal based on an analysis of comparable sales, the appraiser may conduct an appraisal using another methodology only if that methodology is an acceptable methodology under the Uniform Standards of Professional Appraisal Practice and the appraisal report clearly describes the information considered, the appraisal procedures followed and the reasoning that supports the analyses, opinions and conclusions.
(c) The value of a building or other improvement on the farmland tract will not be considered in determining the easement value.
(d) The appraiser shall be a State-certified general real estate appraiser who is qualified to appraise a property for easement purchase. An appraiser shall be selected by a county board on the basis of experience, expertise and professional qualifications.
(e) The appraiser shall supply a minimum of three copies of a narrative report which contains the following information and is in the following format:
(1) Introduction.
(i) A letter of transmittal.
(ii) The appraiser's certificate of value as to market value, farmland value and easement value.
(iii) A table of contents.
(iv) A summary of salient facts and conclusions.
(v) The purpose of the appraisal.
(vi) The definitions, including definitions of market value, farmland value and easement value.
(2) Description of property.
(i) A brief area of neighborhood description.
(ii) A description of appraised property.
(A) A legal description.
(B) Property data and zoning.
(C) A brief description of improvements.
(D) Color photos of subject property's fields and improvements.
(E) Tax map or official map used for tax assessment purposes showing the subject property and its relationship to neighboring properties.
(F) A legible sketch or aerial photograph of subject property showing boundaries, roads, driveways, building locations, rights of way and land use.
(G) A location map showing the location of the subject farmland tract in a county or municipality.
(H) Soils map showing property boundaries.
(3) Analyses and conclusions.
(i) An analysis of highest and best use.
(ii) The valuation methodology market value.
(A) Comparable sales data.
(B) An adjustment grid.
(C) A locational map of comparable sales showing the location of the subject farmland tract with respect to the comparables. A single locational map shall be submitted with respect to each county from which comparable sales are drawn.
(iii) The market value estimate.
(iv) The valuation methodology: farmland value.
(A) Comparable sales data.
(B) An adjustment grid.
(C) A locational map of comparable sales showing the location of the subject farmland tract with respect to the comparables. A single locational map shall be submitted with respect to each county from which comparable sales are drawn.
(v) A farmland value estimate.
(vi) The easement value.
(vii) An appendix containing a brief statement of the appraiser's professional qualifications and a copy of the appraiser's current certification issued in accordance with the Real Estate Appraisers Certification Act (63 P. S. §§ 457.1--457.19).
(f) The appraiser shall supply information concerning comparable sales as follows:
(1) At least three comparable sales shall be used for estimating market value and at least three comparable sales shall be used for estimating farmland value in an appraisal. If the appraiser cannot obtain sufficient comparable sales data within the same county as the subject farmland tract, the appraiser may use comparable sales from other counties, with the approval of the county board. The use of comparable sales which require adjustment of 50% or more is permitted only with the approval of the county board.
(2) Pertinent data for each comparable sale used in the preparation of the appraisal shall be stated in the appraisal report, including the date of sale, the purchase price, zoning, road frontage in feet (for determining market value) and soil mapping units (for determining farmland value). The appraisal shall include an analysis comparing the pertinent data for each comparable sale to the subject farmland tract. This analysis shall be in the form of a narrative statement of the information considered and the reasoning that supports the analyses, opinions and conclusions, and an adjustment grid assigning, when practicable and within the Uniform Standards of Professional Appraisal Practice referenced in subsection (b), approximate dollar values to adjustment shown on the adjustment grid.
(3) The location of each market value comparable sale used in the appraisal report shall be shown accurately on a comparable sales map depicting the entire county in which the comparable sale is located, and shall be sufficiently identified and described so it may be located easily. If the comparable sales map depicts the county in which the property that is the subject of the appraisal is located, that property shall also be sufficiently identified and described so it may be located easily.
(4) The location of each farmland value comparable sale used in the appraisal report shall be shown accurately on a comparable sales map depicting the entire county in which the comparable sale is located, and shall be sufficiently identified and described so it may be located easily. If the comparable sales map depicts the county in which the property that is the subject of the appraisal is located, that property shall also be sufficiently identified and described so it may be located easily. If a farmland value comparable sales map and a market value comparable sales map would depict the same county, they may be combined in a single map.
(5) For comparable sales used to estimate the farmland value, the appraiser may use sales of land that are confined to agricultural use because of agricultural conservation easements or other legal restrictions or physical impairments that make the land valuable only for agricultural use. Comparable sales shall be in primarily agricultural use. Data may also be gathered from farm real estate markets when farms have no apparent developmental value.
(6) The appraiser shall set forth the reasons the farmland comparable sales are confined primarily to agricultural use. Examples of these reasons include:
(i) The farmland tract has public or private land use restrictions.
(ii) The farmland tract is within a flood plain or a wetland (in whole or in part).
(iii) The farmland tract is landlocked, subject to additional easements, subject to restrictive zoning or has other physical attributes which limit its developmental capability.
(7) The appraiser shall provide at least one original and two copies of each report to the county board. The original of each report and all copies shall be bound with rigid covers.
(8) The appraisal shall include the entire acreage offered for easement sale. If, following completion of the appraisal, acreage is added to or deleted from the proposed easement sale for any reason, the appraisal shall be revised accordingly or the appraiser shall agree in writing to the use of a per acre value to account for the change in easement value resulting from such a change in acreage.
(9) If acreage is voluntarily withheld from the easement sale by the landowner through subdivision accomplished in accordance with the Pennsylvania Municipalities Planning Code, the appraiser shall, in making the estimate of agricultural conservation easement value, take into account any increase in the value of the subdivided acreage because of the placement of the easement on the remaining farmland.
§ 138e.67. Requirements of the agricultural conservation easement deed.
(a) The owners of the subject farmland tract shall execute a deed conveying the easement. This deed shall include the provisions of § 138e.241 (relating to deed clauses).
(b) The deed shall be in recordable form and contain:
(1) A legal description setting forth the metes and bounds of the farmland tract subject to the easement.
(2) At least one course and distance referencing affixed marker or monument of a type commonly placed in the field by a surveyor. Fixed markers may include iron pins, pk nails, spikes, concrete monuments or stones.
(c) The legal description may not contain a closure error greater than 1 foot per 200 linear feet in the survey.
(d) The farmland tract on which an easement is to be purchased shall be surveyed unless the legal description contained in the deed recorded in the land records of the county in which the farmland tract is located satisfies the requirements of subsections (b) and (c). A survey required by this paragraph shall comply with the boundary survey measurement standards for a Class A-2 survey as published by the Pennsylvania Society of Land Surveyors.
(e) For purchases made entirely with State funds, the Commonwealth shall be the sole grantee.
(f) For purchases made using a combination of State and county funds, the grantees shall be the Commonwealth and the county providing the funds under joint ownership as defined in the act.
(g) A copy of the proposed deed shall be submitted to the State Board for approval prior to execution and delivery.
§ 138e.70. Summary report.
(a) General. A recommendation by the county board for the purchase of an easement shall be accompanied by a summary report consisting of a narrative report and appendix as described in subsections (b) and (c).
(b) Narrative report. The narrative report shall consist of the following:
(1) A description of the farm, including the name of all landowners, location in relation to the nearest town, number of acres proposed for purchase and type of agricultural production on the farm.
(2) A description of the quality of the farmland tract, including the soil capability classes of the soils available for agricultural production.
(3) The farmland ranking score, including a statement of the relative ranking of the farmland tract among other tracts considered by the county in the same round of applications.
(4) A description of the likelihood of conversion to other uses if the easement is not purchased.
(5) A description of the nature and scope of developmental pressure in the municipality or area.
(6) A description of the nature and scope of conservation practices and best land management practices, including soil erosion and sedimentation control and nutrient management.
(7) A discussion of the purchase price summarizing the appraisals, including the agricultural and nonagricultural value, negotiations for purchase and the percentage of the appraised easement value accepted by the landowner.
(8) A statement of costs as described in § 138e.69 (relating to statement of costs).
(9) A certification by the county board that the information presented to the State Board is true and correct.
(c) Appendix. The appendix of the summary report shall, at a minimum, consist of the following:
(1) The application form.
(2) Locational maps, including tax, topographic and soils maps.
(3) A soils report.
(4) Any crop report required by the county program.
(5) Any livestock report required by the county program.
(6) An evaluation of the farmland ranking score, showing how the farm scored in comparison to other farms.
(7) A quitclaim deed, or a subordination, release or letter approving the purchase from a mortgagee, lienholder or owner of rights in surface mineable coal.
§ 138e.72. Transactions affecting ownership of easement.
(a) General prohibition. Neither the Commonwealth nor the county may sell, convey, extinguish, lease, encumber or restrict in whole or in part its interest in an agricultural conservation easement for 25 years from the date of the purchase of the easement. This prohibition will not be construed to prevent a public entity, authority or political subdivision from exercising the power of eminent domain and condemning restricted land in accordance with section 14.1(c)(5) of the act (3 P. S. § 914.1(c)(5)).
(b) Disposition of proceeds. Upon the sale, conveyance, extinguishment, lease, encumbrance or other disposition of the easement, the Commonwealth and the county shall receive a pro rata share of the proceeds based upon their respective contributions to the purchase price.
STATE BOARD REVIEW OF A PURCHASE RECOMMENDATION § 138e.91. Recommendation for purchase.
A county board shall make its recommendation for purchase of an easement by submitting the following documents to the Director, Bureau of Farmland Protection, Department of Agriculture, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408:
(1) Twenty-two copies of the summary report prepared in accordance with § 138e.70 (relating to summary report), including the following items:
(i) A cover letter from the county (optional).
(ii) A narrative summary.
(iii) A current United States Geological Survey (USGS) topographical map that clearly and legibly shows the subject property location and boundaries, location of neighboring easements and exclusions withheld from the subject property.
(iv) The Soil Report Form ''C'' (a form provided by the Department), both pages. See Appendix B (relating to Form C Soils Report).
(v) The list of soil mapping unit names, symbols and land capability classes on the subject property.
(vi) A legible, uncolored soil map of the subject property.
(vii) A tax map showing the subject property location and boundaries, exclusions withheld from the subject property, utility rights-of-way and access road rights-of-way.
(viii) A summary table showing the individual farmland ranking scores by category for applications selected for county appraisal, including an indication of the easement purchase status of higher-ranking applicants.
(ix) A copy of Exhibit B from the agreement of sale, modified to include interest, total acres and per acre easement cost.
(x) The 22 copies submitted shall be individually collated and three-hole punched, but not stapled.
(2) The appraisal reports.
(3) The signed agreement of sale, including the proposed legal description, a statement of cost, the proposed deed of agricultural conservation easement, a contract or integrity clause and a nondiscrimination clause.
(4) The title insurance report or commitment.
(5) A letter certifying that the adjoining landowners were provided with notice and opportunity to be heard in a manner consistent with administrative agency law with respect to the proposed easement purchase, including one copy of the notification letter required under § 138e.71 (relating to notification of owners of land adjoining proposed easement purchase) and a list of the adjoining landowners.
(6) A completed and signed IRS Form W-9, Request for Taxpayer Identification Number and Certification for individual grantors.
(7) A letter from the grantors stating the percent of ownership of each grantor for the purpose of issuing IRS Form 1099.
(8) A copy of the approved soil conservation plan that is required to be in place with respect to the land under § 138e.241(2) (relating to deed clauses).
(9) A copy of the nutrient management plan that has been developed, certified, reviewed and approved in accordance with the Nutrient Management Act (3 P. S. §§ 1701--1718), if the nutrient management plan is required under the Nutrient Management Act for any portion of the property that is the subject of the recommendation for purchase.
§ 138e.92. Review and decision.
(a) The State Board will acknowledge receipt of the recommendation for purchase of an easement. The State Board will notify the county board if the recommendation for purchase is incomplete or incorrect and request that additional necessary clarification, information or documentation be supplied.
(b) Within 60 days of receipt of a complete recommendation for purchase, the State Board may approve, disapprove or table the purchase. The State Board may delay its action on a recommendation for purchase beyond this 60-day deadline if any of the conditions excusing the delay, as set forth in section 14.1(e)(2) of the act (3 P. S. § 914.1(e)(2)), occur. If State Board action is delayed as a result of any of these conditions, the 60-day period shall be extended until applicable issues in section 14.1(e)(2) of the act are resolved to the satisfaction of the State Board, whereupon the State Board will act on the recommendation of the county board at its next scheduled meeting.
(1) If the recommendation for purchase is approved, the State Board will execute the agreement of sale.
(2) If the recommendation for purchase is disapproved or tabled, the State Board will notify the county board in writing of the reasons for disapproval or tabling. The State Board will mail this written notification within 10 days of the disapproval or tabling. If the recommendation for purchase has been disapproved, the county board may resubmit the recommendation if the purchase recommendation has been revised to address the State Board's reasons for disapproval. The resubmittal shall be treated as a new recommendation for purchase.
(3) The county board may withdraw its recommendation for purchase from the State Board prior to action by the State Board. The county board may resubmit the recommendation for consideration. The resubmittal will be treated as a new recommendation for purchase.
(4) Failure of the State Board to act on a recommendation for purchase within 60 days of its receipt constitutes approval by the State Board.
(c) Following the end of each 7-year period within which recertification of a county program is required under section 14.1(b)(4) of the act, the State Board will not approve a county board's recommendation for purchase until the county program has been approved for recertification in accordance with that section and the procedure described in § 138e.44 (relating to periodic recertification of county programs). The State Board may postpone the deadline for recertification of any county's program by up to 12 months and during the period of postponement, may approve a county board's recommendation for purchase.
(d) A decision of the State Board to disapprove a purchase shall be an adjudication subject to 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law). The owner of the farmland tract proposed for easement purchase or the county board may appeal a decision of the State Board to disapprove the purchase of an easement. An appeal shall be made to the Secretary and shall be filed in writing within 30 days of the State Board's action. An appeal from the decision of the State Board shall be governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).
RESPONSIBILITY OF OWNER § 138e.226. Procedure for review of request to subdivide restricted land.
A landowner may obtain review of a request for approval to subdivide a tract of restricted land in accordance with the following procedure:
(1) The landowner shall submit an application to the county board, in a form and manner prescribed by the county board, requesting review and approval of the subdivision of a tract of restricted land.
(2) The county board shall note the date upon which the application is received.
(3) Upon receipt of the application, the county board shall forward written notice of the application to the county zoning office (if such an office exists), county planning office and county farmland preservation office. For purposes of this subsection, the foregoing offices shall be referred to as the ''reviewing agencies.''
(4) The county board shall note the date upon which each reviewing agency receives the written notice described in paragraph (3).
(5) Each reviewing agency shall have 60 days from receipt of the written notice described in paragraph (3) within which to review, comment and make recommendations on the proposed application to the county board. The county board may not consider comments and recommendations received beyond this deadline unless the landowner agrees in writing.
(6) The county board shall have 120 days from receipt of the application for approval to subdivide within which to review the application, review comments and recommendations submitted by the reviewing agencies and approve or reject the application. This 120-day deadline may be extended by the mutual agreement of the landowner and the reviewing agencies. If the county board fails to approve or reject an application within the 120-day deadline or an extension thereof, the application shall be deemed approved.
(7) If the application is rejected by the county board, the county board shall return the application and a written statement of the reasons for the rejection to the landowner. Within 30 days after receipt of the statement of rejection, the landowner may appeal the rejection in accordance with 2 Pa.C.S. Chapter 5 Subchapter B (relating to practice and procedure of local agencies) and Chapter 7 Subchapter B (relating to judicial review of local agency action.)
(8) If the application is approved by the county board, the county board shall promptly forward a copy of the application and the comments and recommendations of the reviewing agencies to the State Board for review and approval or disapproval.
(9) The State Board will provide the county board and the landowner with written notice of the date, time and location of the meeting at which the State Board shall review and consider the application. This notice will be forwarded by regular mail at least 14 days in advance of the State Board meeting.
(10) In its review of an application requesting approval of the subdivision of a tract of restricted land, the State Board will consider only whether the application complies with the conditions under which subdivisions are permitted by the county program.
(11) The State Board will provide both the county board and the landowner with written notice of its decision regarding the application for approval of the subdivision of a tract of restricted land. If the application is disapproved, the notice shall contain a statement of the reasons the application does not comply with the conditions under which subdivisions are permitted by the county program.
[Pa.B. Doc. No. 97-2077. Filed for public inspection December 26, 1997, 9:00 a.m.]
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