Current through Register Vol. 54, No. 12, March 23, 2024
(a)
Factors. The governing
body of the local government unit, the planning commission and the advisory
committee shall consider the following factors in their respective reviews of
an ASA proposal and proposed modifications:
(1)
Soil quality. Land
proposed for inclusion in an ASA shall have soils which are conducive to
agriculture. This factor will have been satisfied without further consideration
if the land to be included in the ASA meets one or more of the following
standards:
(i) At least 50% of the land
contains soils classified in Land Capability Classes I-IV.
(ii) At least 50% of the land falls within
the Land Capability Class for "unique farmland."
(iii) At least 50% of the land contains soils
that do not meet Land Capability Classes I-IV, but the land is in current
active farm use and is being maintained in accordance with a soil erosion and
sedimentation plan applicable to that land.
(2)
Consistency with comprehensive
plans. The use of land proposed for inclusion in an ASA shall be
compatible with local government unit comprehensive plans.
(3)
Zoning. If the land is
subject to zoning requirements, it shall be zoned so as to permit agricultural
use. The land need not be zoned to exclude other uses. A landowner may propose
to include any land in an ASA, but the land must meet the zoning requirements
of this paragraph.
(4)
Viable agricultural land. Land proposed for inclusion in an
ASA shall be viable agricultural land.
(5)
Extent and nature of farm
improvements. The extent and nature of farm improvements shall be
considered.
(6)
Trends in
agricultural economics. Anticipated trends in agricultural conditions
shall be considered.
(7)
Trends in agricultural technology. Anticipated trends in
agricultural technology shall be considered.
(8)
Other factors. The
governing body of the local government unit, the planning commission and the
advisory committee may consider any other matter that may be relevant to its
review and decision.
(b)
Resource materials. The following are among the resource
materials that may be used in reviewing an ASA proposal and proposed
modifications:
(1) Soil surveys of the
Pennsylvania State University.
(2)
Soil surveys and other information provided by the National Cooperative Soil
Survey.
(3) Soil survey maps
prepared by USDA-NRCS.
(4) The
United States census of agricultural categories of land use classes.
(5) Any other relevant published data, maps,
charts, or results of soil or land use surveys made by any county, State or
Federal agency.
This section cited in 7 Pa. Code §
138l.19 (relating to decision of
local government unit); 7 Pa. Code §
138l.20 (relating to notice of
decision of the local government unit); 7 Pa. Code §
138l.24 (relating to planning
commission action with respect to an ASA proposal); and 7 Pa. Code §
138l.25 (relating to advisory
committee action with respect to an ASA
proposal).
