Sec. 2B-14. Recordation.

   (a)   The County Attorney must record each agricultural easement in the County land records. The recordation of an agricultural easement is not subject to any County transfer or recordation tax.

   (b)   Each agricultural easement must:

      (1)   be recorded in the form required by the Office;

      (2)   run with the land and bind the landowner and each assignee, transferee, mortgagee, and any other party who obtains title to the property; and

      (3)   be recorded so that the easement is senior in priority to all liens, including any instrument securing permanent financing.

   (c)   Each deed that transfers title to land on which an agricultural easement is recorded must:

      (1)   be a two-party deed; and

      (2)   expressly state that the property is subject to an agricultural easement and cite the recorded easement. (2008 L.M.C., ch. 37, § 1; 2015 L.M.C., ch. 36, § 1.)

ARTICLE 4. BUILDING LOT TERMINATION EASEMENTS .

Sec. 2B-15. Authority and Purpose.

   (a)   A building lot termination (BLT) easement is a form of agricultural easement that generally terminates remaining development rights by extinguishing the right to build a dwelling unit on an eligible buildable lot.

   (b)   The County Executive or a designee may create and buy building lot termination easements to achieve the goals of the County Preservation of Agriculture and Rural Open Space Functional Master Plan to preserve remaining farmland in, prevent the further fragmentation of, and minimize residential use of the Agricultural Reserve. (2008 L.M.C., ch. 37, § 1.)

Sec. 2B-16. Requirements for BLT easement.

   (a)   Except as expressly provided in this Article, Article 3 applies to any BLT easement.

   (b)   A BLT easement may only be created on a buildable lot which is:

      (1)   located in the Rural Density Transfer (RDT) zone;

      (2)   zoned for residential density no higher than one dwelling unit per 25 acres; and

      (3)   capable of being served by an individual sewage treatment unit which meets the requirements of Chapter 27A and applicable regulations issued under that Chapter.

   (c)   Notwithstanding Section 2B-7(d)(1), a BLT easement may be created on a buildable lot smaller than 50 contiguous acres.

   (d)   In addition to the application process in Section 2B-7, the County may accept a gift of a BLT easement.

   (e)   The County must be the grantee of each BLT easement.

   (f)   Notwithstanding any other provision in this Chapter:

      (1)   each BLT easement, once created, must not expire or be terminated;

      (2)   land under a BLT easement must not be subdivided or used for any residential, commercial, or industrial purpose unless the BLT easement expressly allows that subdivision or use; and

      (3)   land under a BLT easement may contain non-residential accessory agricultural uses and structures, subject to the terms of each easement. (2008 L.M.C., ch. 37, § 1.)

Sec. 2B-17. BLT Account.

   (a)   The Office must create a separate account under the Fund, entitled the BLT Account.

   (b)   The BLT Account must contain payments made to comply with conditions of approval which the Planning Board has imposed for certain plans, and may also contain funds received through donation, appropriation, bond proceeds, or any other source.

   (c)   Funds in the BLT Account must be spent only on BLT easements. Funds in the BLT Account may be used in conjunction with other funds to buy BLT easements. (2008 L.M.C., ch. 37, § 1; 2015 L.M.C., ch. 36, § 1; 2016 L.M.C., ch. 8, § 1.)

ARTICLE 5. ADMINISTRATION .

Sec. 2B-18. Regulations.

   (a)    The County Executive must issue regulations under Method 1 to implement this Chapter.

   (b)    The regulations must specify the:

      (1)   method of easement valuation;

      (2)   method of buying easements;

      (3)   terms of payment for easements; and

      (4)   method of ranking offers to purchase easements. (2008 L.M.C., ch. 37, § 1.)