(A) Application and evaluation procedure.
(1) The submission of an application to offer a conservation easement for sale under the Purchase of Development Rights (PDR) program is not a binding contractual offer to convey any interest in the landowner's property, but shall be revocable at will by the landowner prior to the execution of an option agreement or purchase agreement, without penalty. The following steps describe the application process:
(a) Applicant obtains and reviews a package of information, including application form and ranking factors (contained in division (D) below).
(b) Applicant submits a complete application package with a non-refundable processing fee no later than December 14. No incomplete applications will be processed. A complete checklist of information and documents required is contained in the application package. The following information or documents are required to complete an application form:
1. County tax map and parcel number and the zoning designation of the parcel;
2. Applicant's proof of ownership and acreage in production over the past two years;
3. Copy of lease with a farm operator if land is rented;
4. Copies of any certified nutrient management plan(s), conservation plan, and/or forestry plan;
5. Record of any existing conservation easements, or copy of management plan for habitat (usually prepared/endorsed by a conservation organization or agency), if any;
6. Other supporting documentation, including deeds or surveys;
7. Signature of all landowners if parcel has more than one owner;
8. Permission from the landowner for the following individuals to enter the property, upon reasonable notice: the Program Administrator, an independent appraiser, and other staff or technical specialists assigned to evaluate or appraise the property.
(2) The following describes the process for evaluating and ranking eligible parcels for purchase of development rights offers.
(a) The Program Administrator will coordinate the activities required for determining the eligibility of parcels and ranking all applications. A ranking form to facilitate this process is contained in division (D) below.
(b) Some of the information needed to score the ranking factors can be obtained from public records. Other information will be determined as follows:
1. Acreages and distances to specified features will be calculated using geographic information system databases maintained by USDA's Farm Service Agency;
2. Verification of best management practices will be determined through site visits conducted by the NRCS certified technical service providers or other certified professionals designated by the PDR Committee;
3. Evaluation of habitat supporting threatened or endangered species will be verified through Virginia Department of Natural Heritage databases and staff;
4. The preliminary estimated value of development rights will be determined by a land appraiser certified in appraising conservation easements.
(c) Prior to final score determination, owners will have the opportunity to review the calculations and provide any missing information which affects their score. The landowner will be informed of the ranking of their land with regard to the score of the #1 ranked property to provide a basis for the landowner to decide whether or not to continue to compete in the PDR evaluation process. When the preliminary value has been documented, a landowner must also submit what percentage of the development rights value, if any, they wish to donate before a final score can be calculated.
(d) After a property receives a final score under the ranking system, the complete evaluation and application will be presented to the PDR Committee. The Committee may request an explanation of how a score was determined by any of the agencies, departments, or independent entities conducting the evaluation and scoring.
(e) After reviewing each scored application and documentation of the evaluation, the Committee will approve the ranking that determines the order of offers to purchase development rights. Based on the rankings, they will recommend a pool of properties which the program manager will present to the Board of Supervisors for decisions on funding.
(f) Up to six ranked parcels will comprise a pool of candidates for each round of funding. The highest ranking property will be eligible for purchase first if enough money is available for the entire tract. In the event there are not sufficient funds to purchase the highest ranking property, the Committee and landowner will endeavor to locate alternative sources of funds for the purchase. After 18 months, if funding is still not available, the Committee will decide if it is still viable to continue with this purchase or move to an alternate property. All qualifying applications not selected will be returned to the applicants to be updated and resubmitted in future rounds at the landowner's discretion. Changes to the ranking process will only apply to applications submitted in subsequent application rounds.
(g) If a reliable source of future funding is established, the PDR Committee may allow purchase of development rights through a series of annual payments.
(B) Calculation of the value of development rights.
(1) Calculation. The value of the development rights of any tract or parcel is calculated by determining the fair market value of the property subject to the existing zoning, easements or land use regulations, and subtracting the value of the property without development rights and without provision for repurchasing those rights or exchanging properties at a future date.
(a) The specific terms of the easement agreement must be established before the value of development rights can be calculated.
(b) The PDR Program Administrator shall arrange for an appraisal of the property by an independent appraiser with experience in valuing conservation easements for the county's option or purchase agreement.
(c) Completed appraisals shall be reviewed and approved by the PDR Committee and the agency to which the easement will be conveyed.
(C) Purchase of development rights and establishment of conservation easement.
(1) Purchase offer. The formal offer to purchase will be jointly made to the landowner in writing by the prospective grantee of the easement and the County Administrator after approval by the Board of Supervisors.
(a) The amount of the offer will be subject to available funding. It shall be conditioned upon the absence of any defects in title or other restrictions or encumbrances which may, in the opinion of the prospective grantee's counselor the County Attorney, adversely affect either party's interests in accomplishing the purposes of this chapter.
(b) The amount of each offer will be based upon the appraised value of the conservation easement, adjusted by any portion of that value that will be donated, if any, to the grantee. The offer shall include the purchase price, a schedule of payments if they are to extend over several years, the proposed deed of easement, and the date by which a written acceptance must be received by the County Administrator.
(c) The Board of Supervisors may only approve purchase agreements for which there is available funding, or option agreements contingent upon funding becoming available based on priority rankings determined through the evaluation process described herein and in division (D) below.
(2) Conservation easement. Once an offer to purchase a conservation easement has been accepted by the landowner, the following actions will occur to establish and record the conservation easement.
(a) The owner and an authorized representative(s) of the holder(s) of the easement each sign the deed of easement.
(b) The deed shall be recorded in the office of the Clerk of the Circuit Court of Northampton County. A single conservation easement may be established for more than one parcel under the same ownership.
(c) Within 30 days after the acquisition of development rights, the Planning and Zoning Director shall note the acquisition and date thereof on the official zoning map.
(3) Allocation of costs. The applicant shall pay the grantor's tax, if any, and other costs, including: surveys (if required), recording costs, and other charges associated with closing on properties for which an easement is purchased. Additional costs for which applicant is responsible are: independent appraisals or legal, financial, or other advice, or expenses or fees in connection with the release and subordination of liens to the purchased easement.
(4) Purchase offers not accepted. If an owner elects not to accept a purchase offer, then the County Administrator may make an offer to purchase to the owner(s) of the next highest prioritized parcel(s) remaining on the list of parcels referred by the Board of Supervisors.
(D) Ranking factors for prioritizing Northhampton County parcels for purchase of development rights.
Qualifying Factors | Each tract must meet these qualifications to be considered and ranked | |
Qualifying Factors | Each tract must meet these qualifications to be considered and ranked | |
Prime Agricultural Soils - Bojac or Munden (determination based on 2002 Soils Maps) | At least 50% of tract's soils must have these soil types. | |
Located in A/RB or Conservation District | ||
No existing violations on tract | Applicants found to have violations may reapply after these are fixed. | |
Scored Factors | Points | Clarification/Notes |
Factors that affect Farmland Productivity (43 possible points) | ||
Parcel size | (circle one) | |
50 - 99 acres | 3 | |
100 - 199 acres | 6 | |
200 - 299 acres | 8 | |
300 or more acres | 10 | |
Percent of tract in pasture or crop production (includes field grown ornamentals and/or land with greenhouses) | (circle one) | |
50% or more | 4 | Average over last three years. |
60% or more | 6 | |
80% or more | 10 | |
Proximity to unique commercial (open to public) agricultural support services (such as grain elevators, fertilizer or agricultural chemical mixing and distribution facilities, and packing houses | (circle one) | |
Within one mile | 1 | |
Within 1/2 mile | 2 | |
Contiguous | 3 | |
Scored Factors | Points | Clarification/Notes |
Scored Factors | Points | Clarification/Notes |
Factors that affect Farmland Productivity (43 possible points) | ||
Farm owner interest in farming | (circle one) | |
Owner has at least a three year contract with farm operator/lessee | 4 | |
Owner has financial interest in farm operation (examples: investment in conservation practices, irrigation, drainage or share in a crop) | 6 | |
Tract is farmed by owner or immediate family (father, mother, brother, sister) | 10 | |
Proximity of tract to other farms with perpetual easements | (circle one) | |
Within one mile | 4 | |
Within 1/2 mile | 6 | |
Contiguous | 10 | |
Land Management Factors for Sustainable Agriculture (21 possible points) | ||
BMPs and other conservation measures (add points for each practice verified and calculate total) | (circle each one that applies) | Field verification by NRCS/SWCD or certified technical specialist |
Irrigation | 2 | Capacity exists to irrigate at least 50% of cropland (based on average rainfall). No points unless farm also has adequate collection of runoff. |
Collection of runoff | 2 | Use NRCS methods to calculate adequate retention |
Certified Nutrient Management Program | 3 | Plan implemented in last two years by DCR certified evaluator |
Integrated pest management practices | 2 | Verifiable evidence of good practice, including scouting and records of pesticide use |
Conservation tillage practices | 4 | Including mulch, ridge-till, no-till and strip till, 60% coverage for past 2 of 3 years |
Grass filter strips | 4 | Continuously vegetated, unbreeched,20 foot wide from top edge of ditch (field side) |
100 foot wide riparian buffer | 4 | Continuous along bank of shoreline |
Scored Factors | Points | Clarification/Notes |
Scored Factors | Points | Clarification/Notes |
Factors Protective of Drinking Water and Other Resources (27 possible points) | ||
Groundwater recharge protection acres within recharge area | (circle one) | |
50 - 99 acres | 4 | |
100 - 199 acres | 8 | |
200 - 299 acres | 10 | |
300 or more acres | 13 | |
Proximity to non-farm protected areas, including state or federal parks, wildlife refuges, wildlife management areas or other sensitive natural areas identified in County Comprehensive Plan | (circle one) | |
Within one mile | 2 | |
Within 1/2 mile | 4 | |
Contiguous | 6 | |
(circle each one that applies) | ||
Includes or is adjacent to a perennial stream | 2 | |
Contains a resource protection area | 2 | |
Contains threatened or endangered species or natural heritage site | 2 | DCR Natural Heritage Database |
5% or more of tract has protection for habitat | 2 | Habitat is part of conservation easement program or managed according to a plan prepared by conservation organization/agency |
Cost Effectiveness of Offer (5 points) | ||
Percentage of development rights value donated | (circle one) | Values determined by procedure established by PDR program managing entity |
0 - 8% | 1 | |
9 - 16% | 3 | |
17 - 25% | 5 | |
(Am. Ord. passed 10-18-2011; Am. Ord. passed 5-14-2013)