Bucks County Act 515

The question of Act 515 came up in conversation today. This act is designed to preserve land use.
The original source can be found here.

COVENANTS TO PRESERVE LAND USE – PROPERTY TAX ASSESSMENTS

Act of Jan. 13, (1966) 1965, P.L. 1292, No. 515 Cl. 16
AN ACT

Enabling certain counties of the Commonwealth to covenant with
land owners for preservation of land in farm, forest, water
supply, or open space uses.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. Definitions.–For the purposes of this act the
following definitions shall apply:
(1) “Farm land.” Any tract or tracts of land in common
ownership of at least twenty acres in area, used for the raising
of livestock or the growing of crops. ((1) amended Oct. 26,
1972, P.L.1030, No.254)
(2) “Forest land.” Any tract or tracts of land in common
ownership of at least twenty-five acres in area used for the
growing of timber crops.
(3) “Water supply land.” Any land used for the protection of
watersheds and water supplies, including but not limited to land
used for the prevention of floods and soil erosion, for the
protection of water quality, and for replenishing surface and
ground water supplies.
(4) “Open space land.” Any land, including farm, forest and
water supply land, in common ownership, of at least ten acres in
area, in which site coverage by structures, roads and paved
areas does not exceed three percent. Open space land includes
land the restriction on the use of which could (i) conserve
natural or scenic resources, including but not limited to soils,
beaches, streams, wetlands, or tidal marshes; (ii) enhance the
value to the public of abutting or neighboring parks, forests,
wildlife preserves, nature reservations, or other public open
spaces; (iii) augment public recreation opportunities; (iv)
preserve sites of historic, geologic, or botanic interest; (v)
promote orderly urban or suburban development; or (vi) otherwise
preserves open space without structures, roads and paved areas
exceeding three percent of site coverage. ((4) amended Oct. 26,
1972, P.L.1030, No.254)
(5) “Municipality.” Any city, borough, town or township.
Section 2. Planning Requirements.–No land shall be subject
to the provisions of this act unless designated as farm, forest,
water supply, or open space land in a plan adopted following a
public hearing by the planning commission of the municipality,
county or region in which the land is located.
(2 amended Dec. 28, 1972, P.L.1656, No.352)
Section 3. Covenant for Farm, Forest, Water Supply or Open
Space Uses.–All counties are hereby authorized to enter into
covenants with owners of land designated as farm, forest, water
supply, or open space land on an adopted municipal, county or
regional plan for the purpose of preserving the land as open
space. Such covenants and extensions thereof shall take effect
upon recording in the office of recorder of deeds. The land
owner may voluntarily covenant for himself and his successors
and assigns in right, title and interest that the land will
remain in open space use as designated on the plan for a period
of ten years commencing with the date of the covenant. The
county shall covenant that the real property tax assessment, for
a period of ten years commencing with the date of the covenant,
will reflect the fair market value of the land as restricted by
the covenant. The board to which assessment appeals are taken
shall take into consideration the covenant’s restriction upon
the land in fixing the assessment.
(3 amended Oct. 26, 1972, P.L.1030, No.254 and Dec. 28, 1972,
P.L.1656, No.352)
Section 4. Renewal and Termination of Covenant.–Each year
on the anniversary date of entering the covenant, it shall be
extended for one year unless:
(1) At least thirty days prior to any anniversary date of
entering the covenant the land owner notifies the county that he
wishes to terminate the covenant at the expiration of ten years
from the anniversary date, or
(2) At least thirty days prior to an anniversary date of
entering the covenant the county notifies the land owner that it
wishes to terminate the covenant at the expiration of ten years
from the anniversary date, on the sole ground that the plan
designating the land as farm, forest, water supply, or open
space land has been amended officially so that the designation
is no longer in accord with the plan.
Notification of the desire to terminate the covenant shall be
by registered mail.
(4 amended Oct. 26, 1972, P.L.1030, No.254)
Section 5. County Procedures.–The county governments shall
establish procedures governing covenants between land owners and
counties for preservation of land in the uses covered by this
act.
Section 6. Breach of Covenant by Land Owner.–(a) If the
land owner, his successors or assigns, while the covenant is in
effect, alters the use of the land to any use other than that
designated in the covenant, such alteration shall constitute a
breach of the covenant and the land owner at the time of said
breach, shall pay to the county, as liquidated damages, the
difference between the real property taxes paid and the taxes
which would have been payable absent the covenant, plus compound
interest at the rate of five percent per year from the date of
entering the covenant to the date of its breach or from a date
five years prior to the date of its breach whichever period is
shorter. Such liquidated damages shall be a lien upon the
property collectible in the manner provided by law for the
collection of unpaid real property taxes. The acquisition by
lease, purchase or eminent domain, and use of rights of way or
underground storage rights in such land by a public utility or
other body entitled to exercise the power of eminent domain or
by a wireless or cellular telecommunications provider who
satisfies the conditions under subsection (b) shall not
constitute an alteration of use or a breach of covenant.
(b) Use of the land covered by the covenant by a wireless or
cellular telecommunications provider shall not constitute an
alteration of use or breach of the covenant when the following
conditions are satisfied:
(1) The land so used does not exceed one-half of one acre.
(2) The land does not have more than one communication
tower.
(3) The land is accessible.
(4) The land is not sold or subdivided. A lease of land
shall not be considered a subdivision under this clause.
(c) Use of land under this section for wireless services
other than wireless telecommunications may only qualify if such
wireless services share a tower with a wireless
telecommunications provider as provided for in subsection (b).
(d) A landowner may lease a tract of land restricted by an
open-space covenant under the provisions of this act for
wireless or cellular telecommunications purposes without
subjecting the entire tract to liquidated damages, provided that
the conditions of subsection (b) are satisfied. Liquidated
damages shall be imposed upon the tract of land leased by the
landowner for wireless or cellular telecommunications purposes,
and the fair market value of that tract of land shall be
adjusted accordingly.
(e) The wireless or cellular communications provider shall
be solely responsible for obtaining required permits in
connection with any construction on a tract of land which it
leases pursuant to the provisions of this section for
telecommunications purposes. No permit requested pursuant to
this section shall be denied by a municipality for any reason
other than failure to strictly comply with permit application
procedures.
(6 amended May 31, 1996, P.L.332, No.50)
Section 7. Severability; Inconsistent Laws.–If any section,
provision or clause of this act shall be declared invalid or
inapplicable to any persons or circumstances such action shall
not be construed to affect the rest of the act or circumstances
not so affected. All laws or portions of laws inconsistent with
the policy and provisions of this act are hereby repealed to
that extent.
Section 8. Effective Date.–This act shall take effect
immediately.