Pennsylvania Code › Title 7 - AGRICULTURE › Part V-C - Farmland and Forest Land › Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM › RESPONSIBILITY OF OWNER › Section 138e.226 - Procedure for review of request to subdivide restricted land

Current through Register Vol. 54, No. 28, July 13, 2024
A landowner may obtain review of a request for approval to
					 subdivide a tract of restricted land in accordance with the following
					 procedure:
(1) The landowner shall
				  submit an application to the county board, in a form and manner prescribed by
				  the county board, requesting review and approval of the subdivision of a tract
				  of restricted land.
(2) The county
				  board shall note the date upon which the application is received.
(3) Upon receipt of the application, the
				  county board shall forward written notice of the application to the county
				  zoning office (if such an office exists), county planning office and county
				  farmland preservation office. For purposes of this subsection, the foregoing
				  offices shall be referred to as the "reviewing agencies."
(4) The county board shall note the date upon
				  which each reviewing agency receives the written notice described in paragraph
				  (3).
(5) Each reviewing agency
				  shall have 60 days from receipt of the written notice described in paragraph
				  (3) within which to review, comment and make recommendations on the proposed
				  application to the county board. The county board may not consider comments and
				  recommendations received beyond this deadline unless the landowner agrees in
				  writing.
(6) The county board shall
				  have 120 days from receipt of the application for approval to subdivide within
				  which to review the application, review comments and recommendations submitted
				  by the reviewing agencies and approve or reject the application. This 120-day
				  deadline may be extended by the mutual agreement of the landowner and the
				  reviewing agencies. If the county board fails to approve or reject an
				  application within the 120-day deadline or an extension thereof, the
				  application shall be deemed approved.
(7) If the application is rejected by the
				  county board, the county board shall return the application and a written
				  statement of the reasons for the rejection to the landowner. Within 30 days
				  after 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.)
(8) If the application is approved by the
				  county board, the county board shall promptly forward a copy of the application
				  and the comments and recommendations of the reviewing agencies to the State
				  Board for review and approval or disapproval.
(9) The State Board will provide the county
				  board and the landowner with written notice of the date, time and location of
				  the meeting at which the State Board shall review and consider the application.
				  This notice will be forwarded by regular mail at least 14 days in advance of
				  the State Board meeting.
(10) In
				  its review of an application requesting approval of the subdivision of a tract
				  of restricted land, the State Board will consider only whether the application
				  complies with the conditions under which subdivisions are permitted by the
				  county program.
(11) The State
				  Board will provide both the county board and the landowner with written notice
				  of its decision regarding the application for approval of the subdivision of a
				  tract of restricted land. If the application is disapproved, the notice shall
				  contain a statement of the reasons the application does not comply with the
				  conditions under which subdivisions are permitted by the county
				  program.