[HISTORY: Adopted by the Board of Supervisors of the Township
of Lancaster 5-2-1995 by Ord. No.
65. Amendments noted where applicable.]
The following terms used in this chapter shall have the meanings
respectively ascribed to them by this section, unless the context
clearly indicates a different meaning.
A unit of 500 or more acres of contiguous or noncontiguous
parcels of land of a minimum size of 10 acres each used for agricultural
products of crops, livestock, and livestock products under the ownership
of one or more persons and designated as such by the Board of Supervisors
of Lancaster Township, Butler County, Pennsylvania.
Crops, livestock and livestock products include, but are
not limited to:
Field crops, including corn, wheat, oats, rye, barley, hay,
potatoes, and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets, onions and mushrooms.
Horticultural specialities, including nursery stock ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, fur-bearing animals, milk, eggs and furs.
Timber, wood and other wood products derived from trees.
Aquatic plants and animals and their by-products.
A complete and accurate list of the name or names of the
owner or owners of each parcel of land to be included in the agricultural
security area and the tax parcel number of each parcel.
The customary and generally accepted activities, practices,
and procedures that farmers adopt, use or engage in year after year
in the production and preparation for market of crops, livestock and
livestock products and in the production and harvesting of agricultural,
agronomic, horticultural, silvicultural, and aquacultural crops and
commodities.
The Township of Lancaster, Butler County, Pennsylvania.
A.Â
The agricultural security area consists of parcels of land named
by the following owners and identified by the Butler County Tax Parcel
Identification Number for assessment purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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200 4F129 7
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200 4F98 46C
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200 4F58 6
|
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200 4F58-7
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200 4F129 12
|
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200 4F129 11
|
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200 4F127 A9BA
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200 4F127 A3
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200 4F131 8C
|
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200 4F127 A4
|
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200 4F127 A4A
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200 4F127 A6
|
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200 4F129 4
|
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200 4F131 1
|
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200 4F98 41
|
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200 4F98 13
|
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200 4F58 130000
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200 4F129 3AB
|
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200 4F129 3AC
|
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200 4F129 3AD
|
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200 4F129 3AA
|
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200 4F129 3A
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200 4F98 14A
|
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200 4F96 7
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200 4F96 15A
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200 4F131 9B
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200 4F131 9
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200 4F129 6
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200 4F98 1
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200 4F48 40000
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200 4F58 8 and 15
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200 4F56 22
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200 4F56 270000
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200 4F56 17
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200 4F56 8
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200 4F129 2
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200 4F131 8CBA
|
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200 4F131 8CB
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200 4F100 A2A
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B.Â
The map prepared and recommended by the Agricultural Security Area
Advisory Committee and the Township Planning Commission is hereby
adopted and approved as the Official Map identifying the agricultural
security area of Lancaster Township, Butler County, Pennsylvania.
Participation in the agricultural security area shall be available
on a voluntary basis to landowners within the jurisdiction of Lancaster
Township. The deletion of land in the agricultural security area shall
only occur after seven years or whenever, pursuant to law, the agricultural
security area is subject to review by the Board of Supervisors of
the Township. The addition of land to the agricultural security area
may occur at any time during the seven-year period, provided that
any proposal for addition shall follow the procedures and requirements
of the proposal for the original agricultural security area.
The Township shall review the agricultural security area seven
years from the effective date of this chapter and every seven years
thereafter. Reviews shall be performed pursuant to the procedures
set forth in law or rules and regulations adopted by resolution of
the Board of Supervisors of the Township.
A.Â
General rule. Lancaster Township shall encourage the continuity,
development and viability of agriculture within such an area by not
enacting local laws or ordinances which would unreasonably restrict
farm structures or farm practices within the area in contravention
of the purposes of the act unless such restrictions or regulations
bear a direct relationship to the public health or safety.
B.Â
Public nuisance. Lancaster Township ordinances defining or prohibiting
a public nuisance[1] shall exclude from the definition of such nuisance any
agricultural activity or operation conducted using normal farming
operations within an agricultural security area, as permitted by the
act, if such agricultural activity or operation does not bear a direct
relationship to the public health and safety.
Limitations on the power of the Commonwealth of Pennsylvania
and its agencies regarding condemnation and certain other actions
and upon political subdivision, authorities, public utilities, or
other bodies regarding condemnations shall be as provided by state
law.
A.Â
No nuisance action shall be brought against an agricultural operation
which has lawfully been in operation for one year or more prior to
the date of bringing such action, where the conditions or circumstances
complained of as constituting the basis for the nuisance action have
existed substantially unchanged since the established date of operation
and are normal agricultural operations, or if the physical facilities
of such agricultural operations are substantially expanded or substantially
altered and the expanded or substantially altered facility has been
in operation for one year or more prior to the date of bringing such
action; provided, however, that nothing herein shall in any way restrict
or impede the authority of the Township from protecting the public
health, safety, and welfare or the authority of a municipality to
enforce state law.
B.Â
The provisions of this section shall not affect or defeat the right
of any person, firm or corporation to recover damages for any injuries
or damages sustained by them on account of any agricultural operation
or any portion of an agricultural operation which is conducted in
violation of any federal, state or local statute or governmental regulation
which applies to that agricultural operation or portion thereof.
If any provision of this chapter or the application thereof
to any person or circumstance is held invalid, such invalidity shall
not effect other provisions or applications of this chapter which
can be given effect without the invalid provision or application and
to this end the provisions of this chapter are declared to be severable.
