7 Pa. Code § 138e.61 - Application
(a) A separate
application shall be required for each farmland tract offered for easement
purchase. The application shall consist of a completed application form,
locational maps and a soils report form. A copy of a soils report form is in
Appendix B (relating to Form C Soils Report). If the county program contains
minimum criteria for easement purchase that vary from those in §
138e.16 (relating to minimum
criteria for applications), the application shall also include documentation to
demonstrate the farmland tract meets these minimum criteria.
(b) The county board shall develop and make
available to a county resident an application form which requires the following
information:
(1) The printed name, address,
telephone number and signature of all owners of the farmland tract.
(2) One of the following, as applicable:
(i) If the farmland tract is eligible to be
considered for easement purchase under §
138e.16(a)(1)(i),
the county, local government unit and agricultural security area in which the
farmland tract is located.
(ii) If
the farmland tract is bisected by a dividing line between two units of local
government and is eligible to be considered for easement purchase under §
138e.16(a)(1)(ii),
the county and local government units in which the farmland tract is located,
the agricultural security area in which a portion of that farmland tract is
located, a breakdown of the acreage proposed for easement purchase in each
local government unit and a breakdown of the number of acres of viable
agricultural land in the acreage proposed for easement purchase in each local
government unit.
(iii) If the
farmland tract is bisected by the dividing line between two or more counties
and is eligible to be considered for easement purchase under §
138e.16(a)(1)(iii),
the counties and local government units in which the farmland tract is located,
the agricultural security area in which a portion of that farmland tract is
located, and one of the following:
(A) If
there is a mansion house on the farmland tract, an acknowledgement of this fact
and a designation of the county in which the mansion house is
located.
(B) If there is a mansion
house on the farmland tract, and the mansion house is bisected by the dividing
line between two or more counties, an acknowledgement of this fact and a
designation of the county the landowner has chosen as the situs of assessment
for tax purposes.
(C) If there is
no mansion house on the farmland tract, an acknowledgement of this fact and a
breakdown of the acreage proposed for easement purchase in each county and a
breakdown of the number of acres of viable agricultural land in the acreage
proposed for easement purchase in each county.
(3) The total acreage of the farm as shown on
the deed or instruments of record.
(4) The number of acres in the farmland tract
proposed for easement purchase.
(5)
The street address of the farm, and directions from the nearest State
route.
(6) The most current deed
reference-book, volume and page-or other reference to the place of record of
the deed. In the case of multiple deeds, numbers for all the deeds shall be
provided.
(7) County tax map
numbers, including tax parcel number, or account number of each
parcel.
(8) The date of the
conservation plan, if any, which has been approved by the county conservation
district or county board.
(9) The
date of any nutrient management plan.
(10) The name, address and telephone number
of the person to be contacted to view the farmland tract.
(c) The applicant or the county board shall
provide both of the following locational maps with the application:
(1) A United States Geological Survey
topographical map or a portion of the map showing the location of the farmland
tract, with the farmland tract boundaries clearly and correctly delineated and
showing the location of acreage being excepted from the easement.
(2) A tax map or official map used for tax
assessment purposes showing the farmland tract with all tax parcel numbers
clearly indicated.
(d)
The applicant or the county board shall provide a soils report and a
color-coded soils map for the farmland tract proposed for easement purchase.
The soils report shall also contain a list of soil mapping unit names, symbols
and land capability classes on the farmland tract. The soils map shall use as a
base soil survey maps published by the USDA-NRCS. A county with a digital
mapping database system for soils may provide the soils map in digital form in
an appropriate scale acceptable to the Department. The soils map shall color
code soil types as follows:
Land capability class I = Green
Land capability class II = Yellow
Land capability class III = Red
Land capability class IV = Blue
Land capability class V-VIII = Uncolored
Wetlands = Cross-hatch, or shown on a separate map
(e) If the county program requires
crop yield data or gross annual receipts to determine whether a farmland tract
meets the county program's minimum criteria for easement purchase, the
applicant shall provide a production report for the farmland tract for the most
recent crop year that comparable statistics are available from the Pennsylvania
Agricultural Statistics Service (PASS).
Notes
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