§ 136.5. Application procedures.
(a) Application forms for certification of agricultural or cemetery land are available from the Department.
(b) The landowner shall have received a notice of an assessment for water or sewer lines in a right-of-way fronting on or crossing the land before the application is submitted.
(c) If the land is in agricultural use, the application shall include documentation sufficient to establish that the land to be certified has been devoted to agricultural use for 3 years prior to the installation of lines and up until the present time. The documentation may include, but is not limited to:
(1) Records of production of or income from agricultural commodities or farm products.
(2) Evidence of assessment under the Pennsylvania Farmland and Forest Land Assessment Act (72 P. S. § § 5490.1—5490.13).
(3) Convenants prepared under the act of January 13, 1966 (P. L. (1965) 1292, No. 515) (16 P. S. § § 11941—11947).
(4) Voluntary crop and livestock reports.
(d) If the land is in cemetery use, the application shall include documentation sufficient to establish that the land to be certified has been devoted to cemetery use for 3 years prior to the installation of lines and up until the present time. The documentation may include but is not limited to:
(1) Articles of incorporation or charter.
(2) Perpetual care fund.
(3) Burial records.
(4) Pre-need sales records.
(e) If the agricultural land is not 10 acres in area, the application shall include documentation sufficient to establish the fact. The documentation may include but is not limited to:
(1) Copy of owner’s deed.
(2) County tax map.
(3) Professional land surveyor’s map.
(f) If the agricultural land is less than 10 acres in area but produces anticipated yearly gross income of at least $2,000, the application shall include documentation sufficient to establish the fact. The documentation may include, but is not limited to:
(1) Soil surveys and calculations.
(2) Farm schedules from income tax records.
(3) Receipts and invoices.
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