(A) In accordance with the procedures set forth in this chapter, the township and the Township Agricultural Preservation Board may conduct an annual voluntary application and selection process for property owners who wish to sell or otherwise convey development rights/agricultural conservation easements under the Township Farmland Preservation Program.
(B) The Township Agricultural Preservation Board shall begin each application cycle by giving notice at least 90 days in advance of the application deadline that the township is accepting applications to the Township Farmland Preservation Program. Notification shall be given in a newspaper of general circulation within the township.
(C) The application may require information from the County Conservation District and the township in addition to the property owner.
(D) Upon receipt of the application, the Clerk shall forward the application to the Township Agricultural Preservation Board for scoring, review and recommendation. In the event that a Township Agricultural Preservation Board, as defined in this chapter, has not been established, the Township Board shall forward the application to the Township Planning Commission for review and recommendation.
(E) Submission of an application shall signify the intent to sell or otherwise convey development rights associated with the applicants’s property to the township if mutually agreeable terms are reached. The application shall remain active until such time as the applicant rescinds his or her application in writing or in the event that either the scoring criteria or application requirements are modified.
(F) At the close of the application deadline, an initial determination of eligibility shall be made by the Township Agricultural Preservation Board or designated staff. Property owners shall be notified in the event that applications do not meet eligibility requirements. Each eligible application shall be evaluated and scored according to selection criteria established by the Township Agricultural Preservation Board and approved by the Township Board prior to the application cycle.
(G) The Agricultural Preservation Board shall rank parcels according to the selection criteria score and, if necessary, individually re-evaluate and re-prioritize top scoring applications with the purpose of identifying which applicant’s development rights should be purchased first in light of available funding. The Preservation Board shall disclose, in writing, on each effected application its reason(s) for re-prioritization.
(H) The final ranking and prioritization of applications shall be submitted to the Township Board for its approval prior to undertaking initial negotiations with landowners.
(I) Agricultural value shall be based on a price established by the Township Agricultural Preservation Board using a state certified appraiser or a points-based appraisal method established in § 154.10 of this chapter.
(J) Upon mutual agreement to the terms of the purchase by the property owner and the Township Agricultural Preservation Board, but not before approval of the Township Board, a title search shall be conducted to establish that there exist no hindrances or encumbrances on the applicant’s clear title to the selected property affecting the ability of the applicant to sell or otherwise convey associated development rights. Any question as to clear title shall be resolved by the applicant to the satisfaction of the Township Board prior to closing on the sale or conveyance and prior to creation of the required agricultural conservation easement. Mutual agreement as to terms of the purchase referenced above shall be in writing and shall be contingent upon the applicant’s ability to convey clear title to development rights and upon willingness of all persons and entities with any interest in the property to record the required agricultural conservation easement as drafted by the Township Board.
(K) Each proposed purchase or other conveyance of development rights/agricultural conservation easement is subject to approval by the Township Board. In its discretion, the Township Board may modify any recommendation for purchase or other conveyance of development rights by the Township Agricultural Preservation Board.
(L) The required agricultural conservation easement must be properly executed and recorded at the County Register of Deeds’ office simultaneously with the sale or other conveyance of any development rights.
(M) Compliance with restrictions set forth in agricultural conservation easements shall be monitored in accordance with procedures and guidelines established by the Agricultural Preservation Board and strictly enforced by the township.
(Prior Code, Ch. XXXI, § 7) (Ord. passed 8-16-2004)