Strategy Description:

This strategy explores land use models (e.g. sliding scale zoning and land area ratios), the Pennsylvania experience – how these models have worked, when it is appropriate to use the models and when it is not, a model process to implement effective agriculture zoning, and other programs that will complement the land use controls.

Key Components:

• Understand the Pennsylvania models that have been effective in preserving prime agriculture areas.

• Recent revisions to the PAMPC have given special emphasis to agriculture preservation.

• A broad definition of agricultural operation – "an enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock, and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural, and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock products of commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry."

• Changes in Article VI – Zoning: added zoning ordinances may contain provisions to promote and preserve prime agricultural land, defined as "land used for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services County Soil Survey." (PAMPC definitions). The changes state that zoning ordinances may not restrict agricultural operations or changes to or expansions of agricultural operation in geographic areas where agriculture has traditionally been present, unless the agricultural operation will have a direct adverse effect on the public health and safety and may not violate or exceed the provisions of the Nutrient Management Act, the Agricultural Area Security Law, or the law protecting agriculture operations from nuisance suits and ordinances (PAMPC Section 603.h).

• Two effective agriculture zoning models are popular in Pennsylvania: sliding scale zoning and fixed-area ratio zoning. The two models have the following common features:

• Provide minimum and maximum lot areas for uses other than farming – homes and farm support businesses
• Limit the number of development rights on a parcel
• Locate dwelling or non-farm uses on areas of the farm property which are the least suitable for agriculture use
• The area remaining after all development rights have been used may not be further subdivided.

• Sliding scale zoning: Using a sliding scale the number of development rights varies with the size of the farm parcel. The following example shows the sliding scale used in Shrewsbury Township, York County:

• Fixed-Area Ratio: The number of development rights is based on a set ratio of rights to the total acreage. Examples include one development right for every 10 acres or one development right for every 25 acres. The size is often based on the county’s definition of a productive farm.

• The most notable use of these techniques has been in York and Lancaster Counties. The York County experience reflects wide-spread use of sliding scale zoning. The technique has been tested in court with successful results. The fixed-area ratio has been used extensively in Lancaster County. Both of the models have been successful in preserving agriculture land.

• Large lot zoning with a minimum lot size of ten acres has not been as effective in preserving agriculture lands and in some court cases have been seen as overly restrictive, principally because they have not made an adequate connection to agriculture preservation.

• Determine if effective agriculture zoning is appropriate. Three factors are important in this assessment.

• The concentration of prime agricultural soils and critical mass of productive agriculture operations. For effective agriculture zoning to work, a concentration of contiguous farm parcels and farming activity is needed. Isolated parcels that are experiencing development pressure would be ill-suited for effective agriculture zoning.

• The concentration of agriculture easements.

• The desire by the farming community to continue the farming activity or a viable market for farmland in the long-term.

• Work with the farm community to determine the most desirable method for effective agriculture zoning. The Pennsylvania Agriculture Extension service is prepared to provide services to explore these options with the community.

• Consider inviting farmers who are located in areas that have adopted the effective agriculture zoning to speak with the community regarding their experiences. In most cases, the value of the agriculture land has gone up but the tax rate has gone down.

• Develop several scenarios with the community to determine which will be most accepted. Expect resistance and the need for training – allow time for the ideas to spread through informal communication networks and opportunities to answer questions and assess impacts.

• Build political will as well as community support. It is very often difficult to reach total consensus on this issue, and at some point it will be up to the governing bodies to decide whether to endorse a technique or not.

• Embrace other methods to preserve agriculture resources:

• Support the purchase of agriculture conservation easements.

• Encourage farmers to participate in the agriculture security and clean and green programs.

• Explore the use of transferable development rights (TDR). The TDR program is not new in Pennsylvania; however, it is one of the least used techniques enabled in the PAMPC (Section 619.1). The technique has recently been put to use in Bucks, Chester, York, and Lancaster counties. The TDR program will have its greatest success in areas were vacant lands in urban areas are in high demand and the supply is dwindling. The program takes considerable administrative management.

• Elements of a TDR program are:

• The municipality or the County establishes the procedure for the transfer.
• The concept allows the transfer of development rights (permitted number of rights) from one area (sending area) to another area (receiving area).
• The concept is used by parcel owners who want to preserve farmland and /or open space and still receive payment for the permitted development rights. The receiving area property owner is permitted to develop his or her land at a greater density.

• Process to create a TDR program:

• Begin with a clear set of preservation goals.
• Designate receiving areas in growth areas outside boroughs or villages (may lose control of density/community character) or interchange areas.
• Establish a sending to receiving ratio to establish an incentive to sell and to determine the size of the receiving areas.
• Establish a maximum density for receiving areas. The transfer of development rights assumes the areas will be more dense than existing zoning allows; however, a cap should be placed on how much additional density would be allowed commensurate with the existing and planned infrastructure.
• Establish the number of development rights to be allocated to each sending area and record them in the County Recorder’s Office.
• Make the process manageable from an administrative and implementation perspective.
• Prepare land use regulations to establish the process.

Regional Application:

The use of the strategy is applicable to concentrated areas of farming activity where there is a strong desire to retain and sustain the activity for the long-term. Many of the ideas that are listed in this strategy would be applicable to the preservation of open spaces and conservation areas. These ideas have been used by communities for these purposes; however, not all of the suggestions have been tested through the legal system.

Implementation:

The implementation of the majority of these ideas would be coordinated with the multi-municipal and county comprehensive planning process and captured as part of land use regulation development.

Indicators:

• Number of agriculture conservation easements and acres
• Number of conservation easements and acres
• Number of agriculture security areas and acres
• Number of acres in clean and green
• Number of zoning ordinances with effective agriculture zoning districts
• Number of zoning ordinances with TDRs
• Number of designated sending and receiving areas
• Growth tracking in the receiving areas

Planning process funding in Pennsylvania may come from a variety of sources including general or special funds at the local and county level, State grants (Land Use Planning and Technical Assistance Grants), and Community Development Block Grants.