7 Pa. Code § 138l.32. Automatic inclusion of certain parcels bisected by the dividing line between local government units.

§ 138l.32. Automatic inclusion of certain parcels bisected by the dividing line between local government units.

If a parcel of farmland is bisected by the dividing line between two local government units, the entire parcel shall be automatically included in an ASA—whether in the initial creation of the ASA or by modification of an existing ASA—if the following apply:
   (1)  The two local government units are in the same county.
   (2)  The parcel meets the eligibility requirements for inclusion in an ASA.
   (3)  A proposal for creation or modification of an ASA has been submitted to the governing body of one of the local government units in which the parcel is located, as set forth in this chapter, seeking the following:
     (i)   In the case of a proposal for the creation of an ASA: the inclusion of the entire parcel in the ASA.
     (ii)   In the case of a proposal for the modification of an existing ASA, where no portion of the parcel is within that existing ASA: the inclusion of the entire parcel within the ASA.
     (iii)   In the case of a proposal for the modification of an existing ASA, where a portion of the parcel is part of the existing ASA: the inclusion of the remainder of the parcel within the ASA.
   (4)  A majority of the parcel’s viable agricultural land lies within the local government unit to which the proposal for creation or modification of an ASA has been submitted.
   (5)  The local government unit in which the minority of the parcel’s viable agricultural land is located has not approved the creation of an ASA within its borders.
   (6)  The governing body of the local government unit adopts a proposal for creation or modification of an ASA that includes—at a minimum—that portion of the parcel located within that government unit.

Cross References

   This section cited in 7 Pa. Code §  138l.15 (relating to ASA located in more than one local government unit); and 7 Pa. Code §  138l.21 (relating to effective date of the creation or modification of an ASA).

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