(A) The Township Supervisor shall nominate and the Township Board shall appoint a seven member body under this chapter to be named the “Hopkins Township Agricultural Preservation Board”. The seven voting members shall be residents of the township. The appointed Board should include, if available:
(1) One Township Board member;
(2) Three individuals with agricultural interests;
(3) One individual with real estate or development interests;
(4) One individual with local conservation interests; and
(5) One member of the Township Planning Commission.
(B) Members of the Township Preservation Board shall serve three-year terms, with the exception that the appointment from the Township Board and the Planning Commission shall be made on an annual basis. The initial terms shall be staggered so that one of the agricultural representatives and the real estate representative shall serve initial one year terms, that another agricultural representative and the representatives from the Township Board and Planning Commission shall serve initial two year terms and that the third agricultural representative and the local conservation representative shall serve initial three year terms. Any member may be removed by the Township Supervisor for inefficiency, neglect of duty or malfeasance in office, but only after an appropriate hearing and approval by the Township Board. Members shall be compensated for attending meetings, for mileage and for other approved expenses in accordance with the standing rules of the Township Board as they pertain to township boards and committees.
(C) The Township Agricultural Preservation Board shall oversee the township’s Farmland Preservation Program and shall be responsible for:
(1) Establishing selection criteria for ranking and prioritizing applications to the program. Selection criteria shall be approved by the Township Board prior to each application cycle;
(2) Establishing a points-based appraisal formula for determining the value of development rights/agricultural conservation easements. The formula shall be subject to approval by the Township Board;
(3) Reviewing and scoring all applications according to the selection criteria previously approved by the Township Board;
(4) Ranking and prioritizing top-scoring applications and making recommendations to the Township Board for purchase of development rights;
(5) Approving restrictions and permitted uses under agricultural conservation easements consistent with this chapter;
(6) Establishing prices to be offered for development rights and authorizing negotiations for their acquisition. All proposed acquisitions of development rights/agricultural conservation easements shall be approved by the Township Board; and
(7) Establishing monitoring procedures and overseeing monitoring for compliance with all agricultural conservation easements. Enforcement of compliance shall be the responsibility of the Township Board.
(D) Individual Township Agricultural Preservation Board members may not sell development rights to farmland under this chapter during their terms of office. Individual Township Agricultural Preservation Board members shall disclose any potential conflict of interest and may not vote when a conflict exists. Conflicts of interest include, but are not limited to, situations where:
(1) The member is a relative of the applicant;
(2) The Board member has a business association or ties with the applicant; and
(3) The Board member, a relative or business associated could receive financial gain or benefit from the acceptance of the application.
(E) To the extent of available funding and as approved by the Township Board after consultation with the Township Agricultural Preservation Board, the township may contract with qualified and experienced individuals or entities for consulting or staffing services.
(F) The Township Agricultural Preservation Board shall provide the Township Board with an annual administrative report. The annual report shall set forth any recommended changes to the selection criteria, the number of applications for the year, a listing of eligible properties and value of development rights under consideration, a listing of development rights acquired, the results of monitoring for compliance with the requirements of conservation easements and any other information relevant to evaluation of activities of the Board and status of the Agricultural Preservation Program under this chapter.
(Prior Code, Ch. XXXI, § 4) (Ord. passed 8-16-2004)