For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTIVE FARM. A parcel of land which is currently being used for agricultural production.
AGRICULTURAL PRODUCTION. Shall also include, but not be limited to, the production for commercial purposes of crops, livestock and livestock products, and nursery and greenhouse products, including the processing or retail marketing of these crops, livestock and livestock products, and nursery and greenhouse products, if more than 50% of those processed or merchandised products are produced by the farm operator, and the raising and stabling of horses for commercial purposes, and shall also include any of the following: dairying, pasturage, growing crops, bee keeping, horticulture, floriculture, orchards, plant nurseries, viticulture, silviculture, aquaculture and animal and plant husbandry; the breeding, raising, training and general care of livestock for uses other than food, such as sport or show purposes; and construction and maintenance of barns, silos and other structures ancillary to agricultural production, the use of farm machinery, the primary processing of agricultural products and the sale of agricultural products produced on the land where the sales are made.
APPLICATION. The documentation and information submitted to the Woodford County Rural Land Board by a landowner on the approved application form offering to donate or sell a conservation easement on eligible land.
BATCH APPLICATION. Two (2) or more applications submitted by 2 or more property owners of contiguous parcels.
COMPREHENSIVE PLAN. The land use plan, and amendments thereto, most recently adopted by the Woodford County Fiscal Court pursuant to KRS 100.197.
CONSERVATION EASEMENT. A non-possessory interest in real property, which is acquired for the purpose of retaining and enhancing agriculture; preserving natural, scenic or open space values of real property; preserving areas or structures of architectural or historical interest; restricting or preventing the development or improvement of the land for purposes other than agricultural production; or other like or similar purposes, but does not include any real property owned or leased by the government for the purpose of or devoted to parks and recreation.
CONSERVATION EASEMENT VALUE. The value of a conservation easement on a parcel of land as determined by the difference between the unrestricted value of the tract and its value as restricted by a conservation easement. The unrestricted value of the tract shall be determined as of date of application.
CONTIGUOUS. Two (2) parcels of land sharing any common boundary at any point.
DEVELOPMENT RIGHT. The right that was held by the property owner having title to a tract of real property under its highest and best potential use.
PERPETUITY. With respect to donated conservation easements shall be defined according to the IRS code.
PRIME FARMLAND SOILS. Soils as defined by the USDA - NRCS soil survey.
RESTRICTED FUNDS. Any appropriations, bequests or donations of funds to purchase conservation easements including costs of title work, stewardship, appraisals, and appraisal reviews that the donor explicitly specifies may not be subject to release pursuant to the provisions of § 154.66. These funds may be contributed by WRLB to a partner organization that holds conservation easements in Woodford County.
RURAL SERVICE AREA. The areas outside of the Urban Service Boundaries of Versailles and Midway.
STATEWIDE IMPORTANT SOILS. Soils as defined by the USDA - NRCS soil survey.
UNRESTRICTED FUNDS. Any appropriations, bequests or donations of funds to purchase Conservation Easements that may be subject to release pursuant to the provisions of § 154.67.
(Ord. 2009-06, passed 7-14-2009; Am. Ord. 2023-05, passed 5-23-2023)