Loading...
HomeMy WebLinkAboutSubdivision Guidelines26 403 CONSTRUCTION OF BUILDINGS; CHANGE IN USE (a) New Buildings or structures: The construction or use of a building or other structure on the restricted land other than a building or structure existing on the date of the granting of the easement is prohibited, except that: (1) The erection of fences for agricultural production and protection of watercourses such as lakes, streams, springs and reservoirs is permitted. (2) The construction of one additional residential structure is permitted under Section 404 (relating to construction of one additional residential structure). (3) The construction or use of a building or other structure for agricultural production is permitted. The county program may restrict the maximum building coverage. (4) The replacement of a residential structure existing on the restricted land on the date of the granting of the easement is permitted if the preexisting residential structure is razed or removed and the replacement residential structure is erected within the curtilage of the residential structure it replaces. (b) Existing buildings or structures (1) A renovation or modification of an existing residential structure, or an addition to an existing residential structure, is permitted if it would not increase the curtilage of the residential structure. (2) A renovation or modification of an existing agricultural building or structure, or an addition to an existing agricultural building or structure, is permitted. The county program may restrict the maximum building coverage 404 CONSTRUCTION OF ONE ADDITIONAL RESIDENTIAL STRUCTURE (a) In addition to the structures existing on the restricted land at the date of the granting of the easement, one additional residential structure may be constructed on the restricted land, if the following apply: (1) The residential structure is constructed and used as the landowner’s principle residence an immediate family member or for or for the purpose of providing necessary housing for seasonal or full-time farm employees. (2) No other residential structure has been constructed on the restricted land under authority of Section 14.1(c)(6)(iv)of the Act (3 P.S. § 914.1(c)(6)(iv)) and this 27 section after the date of the granting of the easement. (3) The residential structure and its curtilage occupy no more than 2 acres of the restricted land. (4) The location of the residential structure and its driveway will not harm the economic viability of the preserved farm for agricultural production. (5) The location of the residential structure shall be sited in a manner that protects the prime, unique, and important soils to the greatest extent practicable. (6) The right to the additional residential structure has not been relinquished and extinguished by current or previous owner in accordance with subsection (c)(6)(iv) of the Act. (b) The replacement of a residential structure constructed under authority of 14.1(c)(6)(iv) of the Act and this section is permitted. (c) Reservation of right to construct after subdivision. If the restricted land is subdivided prior to the construction of a residential structure under authority of Section 14.1(c)(6)(iv) of the Act and this section, the landowner shall do the following: (1) Inform the county board of the specific subdivided tract with respect to which the right to construct and use such a residential structure is reserved. (2) Ensure that the deed to the subdivided tract with respect to which the right to construct and use such a residential structure is reserved clearly sets forth the reservation of this right. (3) Ensure that the deeds to the remaining subdivided tracts recite that no such residential structure may be constructed on the remaining subdivided tracts. 405 SUBDIVISION OF RESTRICTED LAND Authority to prohibit subdivision. A county program may prohibit the subdivision of restricted land if the landowner can accomplish the construction and use of a principal residence or housing for seasonal or full-time farm employees in accordance with Section 14.1(c)(6)(iv) of the Act (3 P. S. § 914.1(c)(6)(iv)), under the applicable subdivision and land development ordinance, by a land development other than subdivision. (a) General - The following conditions shall apply to subdivision of lands eased through the Franklin County Agricultural Land Preservation Program whether the easement be held solely by the State, solely by the County, or held jointly by the State and County. 28 (1) The prohibitions, restrictions, and conditions, of subdivision of eased land as set forth in this section shall be recited verbatim in the deed for all subdivided and remaining parcels. (2) No restriction, prohibition or condition of this section shall prevent a landowner from subdividing eased lands for the purpose of constructing one additional residential structure as authorized by Section 14.1 (c)(6)(iv) of the Act (3 P.S. Section 914.1 (c)(6)(iv)). Provided that such a subdivision complies with the conditions of Subsection 404 (a)(1-3) of this program. (3) All costs associated with subdivision shall be the responsibility of the landowner. (4) Nothing in this section shall relieve the landowner of any municipal, county or state regulations, procedures or requirements necessary for the subdivision of land. (b) Requirement to allow subdivision of land - A county program must allow subdivision of restricted land if subdivision is for a residence for the landowner, an immediate family member, or an employee, unless the right to the residence has been relinquished and extinguished in accordance with Section (c) (6) (iv) of the Act. The right includes both construction of the additional residential structure or subdivision of the existing residential structure and is limited to two acres or less. (c) Subdivision Restrictions - Except as provided for in Subsection 405 (a)(2) of this section, no subdivision of eased land shall be permitted unless all of the following conditions are met: (1) Approval of a subdivision shall be requested, in writing, of and granted by the County Board and by the State Board. (2) Subdivision shall not harm the economic viability, as defined in this program, of any parcel created by or remaining after subdivision. (3) Subdivision shall not convert land that has been devoted primarily to agricultural use to another primary use except that, without regard to this requirement, a county program may permit one tract to be created by subdivision for the purpose of the construction of a principal residence for the landowner or an employee of the farm. (4) Each parcel created or remaining as a result of subdivision shall have all of the following: (i) Fifty percent (50%) of its soils in USDA Soil Capability Class I-IV. 29 (ii) Fifty percent (50%) of its area utilized for crop or pasture land. (iii) Site characteristics (including but not limited to slopes, topography, shape, location of roads, streams, wetlands, ponds, access) that allow for practicality and reasonable efficiency of agricultural activity. (5) No parcel of less than 100 acres may be created by subdivision or shall remain after subdivision of the original parcel. (d) Procedures and Requirements of Subdivision - Landowners proposing to subdivide eased land shall be subject to following procedures and requirements. (1) Requests for subdivision approval shall be submitted, in writing, to the County Board in care of the Franklin County Planning Commission. Requests shall include the following: (i) Written request for subdivision approval including description of subdivision and reason for subdivision. (ii) A map or sketch of a scale sufficient to clearly show the following: (1) Location of cropland, pasture land, woodland and other lands. (2) Roads, streets, driveways, utility right-of-way, streams. (3) Location of existing buildings, sheds, barns, dwellings and other structures. (4) Delineation of proposed subdivision. (5) Indication of which parcel either created by subdivision or remaining after subdivision on which the additional residential structure permitted by Section 14.1 (c)(6)(iv) of the Act (3 P.S. Section 914.1 (c)(6)(iv)) and this section may be constructed. (2) The County Board will note receipt of the request for subdivision approval at the next regularly scheduled meeting following the submission of the request for subdivision approval to the Franklin County Planning Department. (3) The County Board may agree to permit a parcel of land subject to an Agricultural Conservation Easement to be subdivided after the granting of such easement after appropriate review as follows: 30 (i) Upon receipt of the application, the County Board shall cause to be forwarded written notification thereof to the County Planning Department1 and the local municipal office, herein referred to as the reviewing agencies. Each reviewing agency shall have 60 days from receipt of such notification to review, comment, and make recommendations on the proposed application to the County Board. (ii) After reviewing the application and the comments and recommendations submitted by the reviewing agencies, the County Board shall approve or reject the application to subdivide within 120 days after the date of its filing unless the time is extended by mutual agreement of the landowner and reviewing agencies. (iii) If the application to subdivide land is approved by the County Board, a copy of the application, along with the comments and recommendations of the reviewing agencies, shall be forwarded to the State Board for review and approval of disapproval. When reviewing an application to subdivide land subject to an Agricultural Conservation Easement, the State Board shall consider only whether the application complies with the conditions under which subdivisions are permitted by the approved county program. The State Board shall notify the County or Board of its decision regarding the application. (iv) If the application to subdivide is rejected by the County Board, the application shall be returned to the landowner with a written statement of the reasons for such rejection. Within 30 days after the 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). (e) Failure of the County Board to render a decision to approve or disapprove a subdivision within the time frame described in Sub-Section 405(c)(3) of this article shall constitute approval of request to subdivide that the parcels created by and remaining after subdivision comply with Sub-Section 405(b)(2), 405(b)(3), 405(b)(4) and 405(b)(5) of this section. (f) Approval of the County Board, or failure to act by the County Board as per Sub-Section 405(d) shall not be construed to provide approval of the State Board or any other Governmental Unit with authority to approve or disapprove subdivisions. 1The County Planning Department administers the Farmland Protection Program and provides staff and services for any county planning activities. 31 (g) Subdivisions approved prior to the construction of additional residential structure. (I) If County Board and State Board approval is granted for subdivision of eased land prior to the construction of one additional residential structure as permitted by Section 14.1(c)(6)(iv) of the Act and this section, the landowner must do the following. (1) Ensure that the deed to the parcel created by or remaining after subdivision upon which the additional residential structure may be constructed clearly reserves the right to construct this residential structure. (2) The parcel for which the right to construct the allowed additional residential structure shall be the same parcel indicated in Sub-Section 405(c)(1)(ii)(5). (3) Ensure that the deeds to all other parcels created by subdivision or remaining after subdivision clearly state that no residential structures of any kind may be constructed on the eased parcels. (4) Prior to recording deeds to parcels created by subdivision or remaining after subdivision, the landowner requesting subdivision approval shall forward copies of the deed for each such parcel for County Board review and approval. (5) Within fifteen (15) days of recording deeds to tracts created by subdivision or remaining after subdivision, the landowner at the time of subdivision shall forward a copy of all recorded deeds to all parcels by subdivision or remaining after subdivision to the County Board in care of the Franklin County Planning Commission. 406 CHANGE IN OWNERSHIP (a) All properties within Franklin County upon which conservation easements are placed shall recite in verbatim the language of the easement as set forth in the deed whenever interest in said properties is conveyed or transferred to another person (§ 14.1(j) (1-3)). (b) All persons conveying or transferring land subject to an agricultural conservation easement shall notify the County Board and the Department of Agricultural within 30 days of a change in ownership of the restricted land and the price per acre or portion thereof received by the landowner from said person, together with the volume and page in which the transfer has been recorded by the Franklin County Recorder of Deeds.