7 Pa. Code § 138l.26. Factors to be considered by the governing body of the local government unit, the planning commission and the advisory committee.

§ 138l.26. Factors to be considered by the governing body of the local government unit, the planning commission and the advisory committee.

(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.

Cross References

   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).

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