Land Subdivision and Land Subdivision and ZoningZoning

Unit: Owning PropertyUnit: Owning Property

Lesson: Land Subdivision and Lesson: Land Subdivision and ZoningZoning

What is Subdivision?What is Subdivision?

• Subdivision is the creation of new property lines

• The division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions (PA Municipal Planning Code)

Subdivision cont’d.Subdivision cont’d.

• Subdivision offers a municipality protection against unwise/poorly planned development

• Subdivision involves: local and county planning commissions, developer, solicitor, engineer, zoning officer, and surveyor

What is Land Development?What is Land Development?

• The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving residential and nonresidential buildings, streets, parking lots, or common areas (PA Municipal Planning Code)

Sewage Facilities Planning Sewage Facilities Planning

• Required for proposals of subdivision/land development and overseen by PA Department of Environmental Protection and local and county planning commissions

ZoningZoning

• A method that a community may use to regulate the use of land and structures (PA Department of Community and Economic Development)

• Started at a local level by the passing of a zoning ordinance

Zoning cont’d.Zoning cont’d.

• Zoning prevents a landowner from using their property in ways that may be unsafe or a nuisance to neighbors

• Keeps certain land uses out of a community, and encourages attractive development

Zoning cont’d.Zoning cont’d.

• Zoning consists of explanations and definitions of terms and objectives

• Consists of a map that specifies boundaries between different zones

Zoning TerminologyZoning Terminology

• Setback – a determined distance from another building, road, or property boundary

• Dwelling – any building or structure used to occupy residents

Zoning Terms cont’d.Zoning Terms cont’d.

• Accessory Structure – a building or structure located on the same lot as a principal use structure that is used for something different

• Nonconforming Lot – any lot that does not meet the minimum width, depth, or area in a zoned district

Zoning Terms cont’d.Zoning Terms cont’d.

• Nonconforming Structure – a structure that does not meet all of the current zoning laws in a district that existed prior to the enactment of the law and/or the amendment to the law

Zoning Terms cont’d.Zoning Terms cont’d.

• Open Space – a space not occupied by a structure that is open to the sky and located on the same lot as a building/structure

• Principal Use – the primary use of a lot

Zoning Terms cont’d.Zoning Terms cont’d.

• Variance – a special way to “adjust” a zoning law due to the area that property is located in because of its topography, location, size or shape

• Helps relieve unnecessary hardships due to “strict” zoning ordinances

Agricultural ZoningAgricultural Zoning

• Special form of zoning where communities wish to preserve their agricultural lands

• Keeps agricultural activities away from non-agricultural areas

• Preserves the prime agricultural soils

Agricultural Zoning cont’d.Agricultural Zoning cont’d.

• Allows for the use of other agricultural land protection programs such as Agricultural Security Areas (ASA’s), Clean and Green, and Conservation Easements (Farmland Preservation)

Agricultural Security AreasAgricultural Security Areas

• A unit of 250 or more acres in a municipality among all farmers used for agricultural production purposes

• May include non-adjacent farmland parcels of at least 10 acres and capable to produce at least $2,000. annually from the sale of agricultural products

Agricultural Conservation Agricultural Conservation Easement Purchase ProgramEasement Purchase Program

• Protects quality farmland from the urbanization of rural areas

• Enables state and county governments to purchase easements (development rights) from property owners

• Prevents the development of protected lands from anything other than agricultural production purposes

Agricultural Conservation Agricultural Conservation Easement Purchase Program Easement Purchase Program

cont’d.cont’d.• Land to be preserved is chosen

by:–Quality of the farmland (soil

capability classes I-IV)–Min. of 50 acres OR 10 acres that is

adjacent to current preserved land–At least ½ of land must be

harvested crops or pasture land

Agricultural Conservation Agricultural Conservation Easement Purchase Program Easement Purchase Program

cont’d.cont’d.

• An ASA of at least 500 acres qualifies for this program at the landowners request

What is an Ordinance?What is an Ordinance?

• a special or strict form of zoning that may result in legal action

• Must be publicly discussed and voted on by the municipality

Agriculturally Restrictive Local Agriculturally Restrictive Local Ordinance ExamplesOrdinance Examples

• Farm Size and Ownership - animal #’s• Financial Matters – may require to post

excessive bond payments for expansion• Water Supply Protection – increased

setbacks may be imposed• Air Quality/Noxious Odors – may impose

standards on odor problems• Construction and Expansion Limitations –

restriction of construction of new buildings and roads

What is a Nuisance Lawsuit?What is a Nuisance Lawsuit?

• Involves a neighbor suing a farmer to force him to stop doing a certain activity or enterprise because the neighbor cannot enjoy his/her property

Right to Farm LawRight to Farm Law

• This policy helps to reduce the loss of agricultural enterprises through nuisance ordinances

• Protects existing farms and enterprises from “newcomers”

• Reinforces the value and importance of agriculture in an area

Right to Farm Law cont’d.Right to Farm Law cont’d.

• This is NOT an absolute guarantee against a nuisance suit

• A farm is protected if it has been operated for 1 or more years without a nuisance suit filed against it and it is in compliance with its nutrient management plan

Agriculture Communities and Agriculture Communities and Rural Environment (A.C.R.E.)Rural Environment (A.C.R.E.)

• A PA state initiative that was developed to balance the legal processes between production agriculture and the non-farm community

• Helps “represent” the farmer during local ordinance review

Lesson ClosureLesson Closure

• Discuss the importance of subdivision and zoning

• Define various terms dealing with zoning

• Discuss certain agricultural zoning laws/regulations

Lesson Closure cont’d.Lesson Closure cont’d.

• Discuss agricultural security areas

• Identify the importance of the Right To Farm Law

• Discuss the effects of nuisance ordinances on agriculture