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Schuykill reviews ag zone plans

Plans submitted to the Schuylkill County Planning Commission to subdivide land in the agriculture zone into lots for private homes must now place a "Agriculture Nuisance Disclamer" clause on the deeds as a "buyer beware" notice to eliminate complaints filed by the new owners of noise and smell from nearby farm lands.

The Schuylkill County Planning Commission has drafted language to be added to municipal review letters regarding subdivision land development plans located in areas zoned Agricultural. These letters will appear on review notices the planning board sends to local planning boards who have their own zoning ordinances and are not governed by the county zoning ordinance. The planning board also suggests that municipalities which have their own zoning ordinances add the county's section dealing with "Agriculture Nuisance Disclamer" clause.The county's interpretation of the Agriculture Nuisance Disclamer reads, "Lands within the Agricultural District are located within an area where land is used for commercial agricultural production. Owners and residents may be subjected to inconveniences arising from normal agricultural operations including but not limited to noise, odors, dust, the operation of machinery of any kind including aircraft, the storage and disposal of manure and the application of fertilizers, soil amendments, herbicides, and pesticides. Owners, occupants and users of this property should be prepared to accept such inconveniences and hereby put an official notice of the Pennsylvania's 'Right To Farm Law" may bar them from obtaining legal recourse against such normal agricultural operations."The board reviewed the subdivision plan submitted by Sherry K. Blyler and Britney J. Blyler, Upper Mahantongo Township Wednesday, granting the applicants 90 days to complete their plan before final approval is given. However, the board noted the plan did not contain the Agricultural Nuisance Disclaimer which is required to be placed on the deed of any new lot that is created within the Agricultural District and shall be disclosed to any buyer of a lot prior to sale.The board reviewed the subdivision plan of Anna Kaczmarczyk and Joseph A. Cocco Jr. submitted to the East Union Township Planning Commission. They seek a two-lot subdivision on property located on Iron Street and zoned Agricultural District. They seek to divide their property into two lots, one containing 1.01 acres and the second lot the residue containing 14 acres and both are not for development. The county board reviewed the plan and under the Pennsylvania Municipalities Planning Code offered a comment to the local planning board before it grants final approval. It stated the UPI (Uniform Parcel Identifier) number for this tract must first be certified by the Schuylkill County Assessment Office prior to recording in the county's Recorder of Deeds Office.The board also reviewed the application of Miller Real Estate Development Company LLC, which has applied to NPDES (National Pollutant Discharge Elimination System) Bureau for a public water supply permit for its Evergreen Estates Subdivision in East Brunswick Township.The board was notified by Ryan Township Supervisors that its component one planning module was reviewed by PennDOT and found to be consistent with Ryan Township's official sewage facilities plan.Federal Communications Commission (FCC) notified the county board that a new tower submission packet has been filed by Verizon Wireless to located the tower in the village of Pitman, Eldred Township.All nine members of the board were in attendance, Gary Bender, chairman; Charles Ross, vice chairman; James Setlock, secretary; Anthony Prudenti, David Briggs, Bob Lettich, Gerald Lengel, John Malinchok and Kenneth Lehman; also, Executive Director Susan Smith, County Engineer Lisa Mahall, Assistant County Solicitor Glenn Roth and Assistant Planner Jackie Pellish.