For the purpose of this Chapter
14:5, the following definitions describe the meanings of the terms used herein.
CRITICAL FARM
A contiguous parcel of land of at least 200 acres devoted
to active agricultural activity which meets one or more of the following
criteria:
[Added 1-26-2010 by Ord. No. 09-26]
A.
The preservation of the farm will provide for a larger contiguous
area of preserved lands.
B.
The farm is either subject to significant, imminent development
pressure, adjacent to an incorporated jurisdiction or within an identified
municipal green belt.
C.
The conversion of the farm to nonagriculture use is pending
or anticipated and such nonagricultural use is determined to have
a potentially deleterious effect on surrounding or adjacent properties.
FOUNDATION
The Maryland Agricultural Land Preservation Foundation provided
for under Subtitle 5 of Title 2 of the Agricultural Article of the
Annotated Code of Maryland.
PROGRAM
The Queen Anne's County Purchase of Development Rights Program
established hereunder.
There is a Queen Anne's County Purchase of Development
Rights Program ("the Program") to acquire, by gift, purchase, devise,
bequest or grant, on behalf of Queen Anne's County, easements in gross
or other rights to restrict the use of agricultural land and woodland
as may be designated to maintain the character of the land as agricultural
land or woodland.
The Program shall be administered by the Queen
Anne's County Agricultural Preservation Advisory Board and the Queen
Anne's County Department of Economic Development, Agriculture and
Tourism.
Except as hereinafter modified, the Program
shall follow the rules, regulations, procedures and parameters of
the Foundation for the purchase of agricultural land preservation
easements and the rules, regulations and procedures adopted under
or pursuant to Subtitle 5 of Title 2 of the Agricultural Article of
the Annotated Code of Maryland.
Following Round One and Round Two offers under
the Foundation's easement acquisition program, there shall be a Round
3 under the Queen Anne's County Program. The County shall use any
funds available to the program to make offers down the list of applicants
generated under Round Two (and ranked according to the standard Round
Two process) until all available County funds are committed.
[Added 1-26-2010 by Ord. No. 09-26]
As an alternative to the purchase of rights under §
14:5-5 or in combination therewith, the County may use funds available to the program to purchase development rights from a critical farm. The valuation of such development rights shall generally follow the rules, regulations and procedures i) of the Foundation, and ii) adopted under Subtitle 5 of Title 2 of the Agricultural Article of the Annotated Code of Maryland.
Under § 2-513(b)(2) of the Agricultural
Article of the Annotated Code of Maryland, the original owner of property
subject to an easement may, under certain circumstances, apply for
release of lots for the purpose of constructing a dwelling house for
the use only of that landowner or the child of the landowner. Under
the Queen Anne's County program, and subject to the other provisions,
exceptions, requirements and restrictions of said § 2-513,
the right to release of lots shall extend to the original landowner,
a child of the landowner and to a grandchild of the landowner. Any
reference in § 2-513 to "the child" or to "children's lots"
or similar phrase shall be interpreted under the County Program as
"child or grandchild" or "children's or grandchildren's lots."
All easements purchased hereunder shall be in
perpetuity and shall be held by the County Commissioners of Queen
Anne's County.