The application to and administration of the Critical Farms Program in Carroll County is subject to the requirements of Md. Code, Agriculture Article, Title 2, Subtitle 5 § 2-517 and COMAR 15.15.01.01. The county may impose additional requirements for eligibility into the program.
(A) Ranking.
(1) Once minimum eligibility requirements have been met and the application deemed complete, the Program Manager shall evaluate and score the farm, based on a priority scoring system in effect at the time of application and recommended by the Advisory Board and approved by the County Commissioners.
(2) The application shall be presented to the Advisory Board within 60 days of the Program Manager deeming it complete. The Advisory Board shall decide whether or not to include the farm in the ranking system.
(B) Preliminary approval.
(1) Whenever the uncommitted funds of the Carroll County Agricultural Land Preservation Program may be sufficient to allow the funding of an option to purchase a development rights easement, the Program Manager will provide the County Commissioners with the individual applicant or a list of the active applicants with ranking.
(2) The County Commissioners may grant preliminary approval to one or more applicants. The County Commissioners may also determine that a property does not have a score which is high enough to justify an option to purchase a development rights easement through this program.
(C) Easement valuation. After preliminary approval, the County Commissioners shall authorize an appraisal of fair market value of the land only, conducted according to the guidelines of the Maryland Agricultural Land Preservation Program and shall consider any appraisal obtained and submitted by the applicant. The appraisal shall be reviewed by a qualified reviewer and approved by the Program Manager. The appraisal shall then be used by the county as the basis for approving an easement value.
(D) Option to purchase easement.
(1) Upon final approval by the County Commissioners, the county shall agree in writing to extend to the applicant an option to purchase a development rights easement, in an amount equal to 52.5% of the agreed upon fair market value of the land only, which option shall extend for a period of five years.
(2) The option shall be recorded in the Land Records of Carroll County.
(E) Easement sale. The recorded option to purchase will require that the applicant and any heirs or assigns actively pursue for a period of five years the sale of an easement to the MALPF or other non-county agency approved by the Program Manager at an asking price no lower than the amount of the option to purchase the easement extended by the county. Any offer from the Foundation or other agency that equals or exceeds the amount of the option must be accepted by the applicant.
(1) If MALPF or other agency purchases a development rights easement from the applicant during this five-year period, the full amount of the county option shall be repaid at the settlement of the easement. Settlement of an easement and payment of the proceeds to the county shall release the applicant from any additional obligation of the option to purchase by the county.
(2) If a development rights easement has not been purchased by MALPF or other agency within five years, the applicant may rescind the option to purchase by repaying to the county within 30 days the full selling price of the option, plus interest for the entire period of the option, at the legal rate in effect at the time of rescission. If the applicant does not cancel the option, the county will exercise the option contained in the agreement and purchase the development rights easement for such consideration as has already been established. The terms of the easement agreement will be the standard easement terms of MALPF, the county, or other agency standard deed of easement.
(Ord. 2022-13, passed 8-25-2022)