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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 4, entitled "Finances," Chapter 475, entitled "Taxation," by creating a new Article XI, entitled "Allegheny County Farmland and Forest Land Assessments," in order to establish County policy for reviewing the preferential treatment for tax purposes of properties used as agricultural or forest reserve, or which are subject to agricultural use.
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WHEREAS, Allegheny County currently offers preferential treatment for land meeting the requirements of Act 156 of 1998, under the Clean and Green Program; and
WHEREAS, Allegheny County has never enacted legislation specifically requiring any type of review of the County's administration of this program, consistent with the terms of Act 156; and
WHEREAS, it is the desire of Allegheny County Council, in cooperation with the Chief Executive, to create specific guidelines for the review of the County's administration of the Clean and Green Program;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Allegheny County Clean and Green Program
The Allegheny County Code of Ordinances, Division 4, entitled "Finances," Chapter 475, entitled "Taxation," is hereby amended and supplemented by the creation of a new Article XI, entitled "Allegheny County Farmland and Forest Land Assessments," as follows:
§475-60. Establishment of Program Review Guidelines.
Within thirty (30) days of the enactment of this Ordinance, the Chief Executive and the Office of Property Assessments shall draft guidelines for the review of the Clean and Green Program. Such guidelines shall be consistent with the terms of Act 156 of 1998 and §475-61 of this Article, and shall be provided to the Allegheny County Council, in resolution form, for approval. The Clean and Green Program review guidelines shall not be implemented before Council approves this resolution.
§475-61. Review Program.
At a minimum, the review procedures established by the Chief Executive and the Office of Property Assessments must provide for the following:
A. A review, no less frequently than once every two years, of each application received for preferential treatment under the Clean and Green program;
B. A visit by a County assessor to each property enrolled in the Clean and Green program no less frequently than once every two years for the purpose of determining whether the property continues to be eligible for program participation;
C. Specific guidelines for assessors to apply in determining whether a property still meets the eligibility requirements set forth by applicable state law;
D. Specific procedures for notifying the owners of properties participating in the Clean and Green program of the results of the review required by this section;
E. Specific procedures governing the timing and process of removing a participating property from the Clean and Green program; and
F. Reapplication procedures for property owners who successfully appeal the removal of their property from the Clean and Green program, or whose properties change in condition after being removed such that they again become eligible for participation.
Section 2. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.