§ 138l.19. Decision of local government unit.
(a) 180-day deadline. A governing body shall act to adopt or reject an ASA proposal, or any modification of a proposal, within 180 days of the official date of receipt of the ASA proposal, as this date is described in § 138l.16(b) (relating to submitting an ASA proposal form to the local government unit). If the governing body fails to act within this 180-day period, the ASA proposal shall be deemed adopted by the governing body, and any proposed modifications to the ASA proposal shall be deemed rejected by the governing body.
(b) Factors to be considered in reaching decision. The governing body shall consider the following in reaching its decision with respect to an ASA proposal or proposed modifications:
(1) The factors in § 138l.26(a) (relating to factors to be considered by the governing body of the local government unit, the planning commission and the advisory committee).
(2) The inclusion, to the extent feasible, of adjacent viable farmland where the landowner has applied to have the land included.
(3) The exclusion, to the extent feasible, of nonviable farmland and nonfarm land. It is not ordinarily feasible to require the exclusion or surveying-out of the incidental nonviable farm land and nonfarm land that is typically present on a parcel of viable agricultural land.
(i) This nonviable farm land or nonfarm land might include hedgerows, driveways and farm roads, lands containing soils in Land Capability Classes V—VIII, and land upon which farm buildings or residential structures and their curtilages are located.
(ii) The exclusion of nonviable farm land and nonfarm land becomes more feasible as the percentage of these types of land—as a proportion of a parcel’s total acreage—increases and the percentage of viable agricultural land within the parcel decreases.
(4) The existence of utility facilities on land proposed for inclusion in an ASA will not prevent the inclusion of that land in an ASA.
Cross References This section cited in 7 Pa. Code 138l.21 (relating to effective date of the creation or modification of an ASA); and 7 Pa. Code § 138l.51 (relating to seven-year review).
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