[HISTORY: Adopted by the Board of Supervisors
of the Township of Halfmoon 5-22-2003 by Ord. No. 2003-02. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any agreement, lease, purchase or other contract between
the landowner and Halfmoon Township for the purpose of acquiring a
conservation or preservation easement over land to prevent residential,
nonagricultural and non-farm-based commercial, commercial mining,
and industrial development.
The customary and generally accepted activities, practices,
and procedures that farmers adopt, use, or engage in year after year
in the production and preparation for market crops, livestock, and
livestock products and in the production and harvesting of agricultural,
agronomic, horticultural, silvicultural, and aquacultural crops and
commodities.
A group of two or more residential units in an area not exceeding
more than two acres per dwelling unit with adjoining or abutting areas.
A nonpossessory interest of a holder in real property, whether
appurtenant or in gross, imposing limitations or affirmative obligations,
the purposes of which include, but are not limited to, retaining or
protecting for the public and economic benefit the natural scenic
or open space values of real property; assuring its availability for
agricultural, forest, recreational or open space use; protecting,
conserving or managing the use of natural resources; protecting wildlife;
maintaining or enhancing land, air or water quality or preserving
the historical, architectural, archeological or cultural aspects of
property.
Owner or owners of the legal title of the land.
Land which has been designated for open space uses in a resource,
recreation or land use plan recommended by the Planning Commission,
and adopted by the Board of Supervisors, and which may exhibit the
characteristics and/or uses as follows:
Farmland, working farms and agricultural uses;
Forests and land being used to produce timber
crops;
Scenic areas for public visual enjoyment from
public rights-of-way;
Undeveloped land areas between communities that
are primarily residential;
The presence of natural and scenic resources,
including but not limited to soils, streams, floodplains, steep slopes
or marshes;
Presence of water resources and watershed areas,
including natural covers which help prevent floods and soil erosion
thereby protecting water quality and replenishing surface water and
groundwater supplies; or
Sites of particular historic, geologic, animal
habitat or botanic interest.
A nonpossessory interest in an historical building.
The purposes of the open space preservation
program of Halfmoon Township are to obtain for the citizens of the
Township those open space benefits that result from the preservation
or restriction of use of undeveloped open space. These purposes will
be advanced by using funds provided as the result of the open space
referendum to acquire conservation and preservation easements on appropriate
properties in the Township. Open space benefits include:
A.
Preservation of water resources and watersheds;
B.
Preservation of forest land;
C.
Preservation of farmland;
D.
Preservation of wildlife habitat;
E.
Preservation of existing or planned conservation,
park or recreation sites;
F.
Preservation of natural and scenic resources;
G.
Preservation of scenic viewscapes;
H.
Preservation of sites of historic, geologic, animal
habitat or botanic interest;
I.
Promotion of sound and efficient land development
by preserving open space between communities.
The Board of Supervisors shall appoint an Open
Space Preservation Board (OSPB) to assist the Board of Supervisors
in devising and implementing procedures for preserving open space
and for efficient use of funds provided under the open space preservation
program.
A.
Duties.
[Amended 8-14-2003 by Ord. No. 2003-3; 8-11-2005 by Ord. No.
2005-03; 6-12-2008 by Ord. No. 2008-4]
(1)
Recommendations. The OSPB shall be advisory to the
Board of Supervisors and shall make recommendations concerning:
(a)
Terms and conditions of agreements for the purpose
of acquiring conservation and preservation easements;
(b)
Procedures and criteria for selecting properties
for conservation and preservation easements;
(c)
Specific properties to be selected for conservation
and preservation easements;
(d)
Application and acceptance procedures;
[Amended 9-12-2013 by Ord. No. 2013-11A]
(f)
Termination of agreements.
(2)
Membership.
[Amended 4-12-2012 by Ord. No. 2012-01]
(a)
The OSPB shall be comprised of seven residents
of the Township who shall be appointed by the Board of Supervisors.
The membership shall include one sitting member of the Board of Supervisors,
one sitting member of the Planning Commission, and five additional
residents of the Township (the "resident members"). Terms of office
of the resident members of the OSPB shall be staggered four-year terms.
Upon expiration of a term, serving members shall be eligible to be
reappointed at the discretion of the Board of Supervisors. In the
event of a vacancy, the Board shall appoint a resident to fill such
vacancy for the unexpired portion of the term.
(b)
For members of the OSPB representing the Board
of Supervisors and the Planning Commission, terms of service shall
be for a one-year period with appointments made at the annual reorganization
meeting for the Board of Supervisors. The Board of Supervisors may
solicit input from the Planning Commission for its representative
member.
(3)
Alternate members. The Board of Supervisors may appoint
up to two members whom shall be residents of the Township to serve
as alternate members of the Open Space Preservation Board. Alternate
members shall have no voting rights unless a member of the Open Space
Preservation Board has been excused from any proceedings of the Board
due to conflict of interest in a matter before the Board or if the
alternate member is attending a meeting of the Board on behalf of
a regular member who cannot attend.
(4)
Officers. The OSPB shall elect a Chair and Vice Chair.
[Amended 4-12-2012 by Ord. No. 2012-01]
(5)
Recording Secretary. The Board of Supervisors shall
appoint a Recording Secretary, who shall take and record minutes of
proceedings of the Open Space Preservation Board. The Board of Supervisors
may affix such reasonable compensation as the Board of Supervisors
shall deem appropriate for work provided to the Open Space Preservation
Board.
(6)
Meetings. The OSPB shall meet on the call of the Chair.
The Chair shall call an organizational meeting in January of each
year, at which meeting the OSPB shall elect a Chair and Vice Chair.
If a member misses more than three consecutive meetings, that member
may be replaced at the discretion of the Board of Supervisors.
[Amended 4-12-2012 by Ord. No. 2012-01]
(7)
Rules. Four members of the OSPB are required to constitute
a quorum. Business shall be transacted by majority vote of those members
in attendance.
[Amended 4-12-2012 by Ord. No. 2012-01]
B.
Records.
[Amended 4-12-2012 by Ord. No. 2012-01]
(1)
Repository
of records. The Program Administrator shall establish and maintain
a repository of records of the interest in real property that have
been or are acquired by the OSPB. This repository of records shall
include, but not be limited to:
(a)
All materials received from landowners applying for conservation
or preservation easements;
(b)
The minutes of meetings of the OSPB at which applications for conservation
easements are considered or acted upon;
(c)
The minutes of meetings of the Board of Supervisors at which selection
of the properties for conservation or preservation easements are considered;
and
(d)
Complete records of properties to which conservation or preservation
easements have been awarded. These shall include the agreements establishing
the conservation or preservation easements, records of payments to
landowners, records of any subdivisions and reports of compliance
monitoring.
(2)
Record
of interest in the office of the Recorder of Deeds. The Program Administrator
shall record each interest in real property acquired by the Township
in the Recorder of Deeds' office of Centre County, Pennsylvania.
(3)
Notice
to school district. The Program Administrator shall also submit to
the school district within which the property is located a copy of
the deed reflecting the open space property interest acquisition certified
by the County Recorder of Deeds.
C.
Administration.
[Added 6-12-2008 by Ord. No. 2008-4; amended 9-12-2013 by Ord. No.
2013-11A]
(1)
Program administration.
(a)
The Program Administrator is an employee of the Township and as such
will go through the Township’s selection, hiring, promotion
and termination process as any other employee and their job description.
(c)
The Program Administrator shall be responsible for the posting of
all notices that are required under and subject to public notice.
(d)
The Program Administrator is responsible for carrying out the requirements
specified in this chapter.
The purpose of the conservation and preservation
easements shall be to preserve, maintain, conserve, promote and protect
agriculture, farm land, agricultural activities, and open space lands
for all of the purposes recited in this chapter, including forest
land, farm land, natural and scenic resources, water resources, recreation
and wildlife habitat and shall be implemented by use of agreements
between the Township and the landowner.
A.
Open space land. The subject land shall be currently open space land as defined in § 163-1 of this chapter. The land shall be conducive for the continuation of the current open space uses.
B.
Permitted uses. The landowner may make all use of
the subject land subject to zoning restrictions and applicable law
that is consistent with the intent of keeping the subject land open
space land. The phrase "keeping the subject land open space land"
includes the right to maintain any and all existing buildings, roads,
fences, fish ponds, and drainage ditches, and to construct and operate
barns, fences and other structures or facilities necessary or useful
to agriculture and related activities, subject to obtaining all consents
and permits lawfully required therefor. Future uses consistent with
these purposes shall be permitted, subject to zoning restrictions,
without restriction. Future uses that are inconsistent with these
purposes, or that have the potential to interfere or conflict with
these purposes, shall not be permitted under the terms of any conservation
and preservation agreement between the Township and landowner.
C.
Prohibited uses. Residential, commercial, industrial, nonagricultural and non-farm-based commercial mining uses as defined in Chapter 255, Zoning, of the Code of the Township of Halfmoon are prohibited uses of the open space land. The subject land shall not be used for any purposes that interfere or conflict with the intent of keeping the premises open space land:
(1)
Timber restriction. Any timber cutting on the subject
land for the landowner's personal or agricultural use shall be without
restriction. Timber cutting operations where lumber is sold for use
off the property shall be in compliance with the state regulations
as set forth under "Best Management Practices of Pennsylvania Forests."
(2)
Commercial mining restriction. The landowner is permitted
to quarry and/or mine materials in a total amount per year of 10,000
tons for agricultural or maintenance uses on the subject land. No
material shall be mined or quarried for sale off the subject land.
D.
Open space land use restrictions.
[Amended 3-10-2016 by Ord. No. 2016-01]
(1)
Farm structures. Nothing in this chapter shall prevent the construction of farm structures necessary for the production, storage, or keeping of livestock and agricultural products. All permits for buildings and/or zoning shall be issued in accordance with Chapter 255, Zoning, requirements in effect at the time of the application for permit.
(2)
Farm worker housing. Nothing in this chapter shall prevent construction
of single-family residences or dormitory housing for farm workers
up to a maximum of two residences or dormitory housing for up to a
maximum of eight workers for each 60 acres included in the leased
premises. It is strongly recommended that if such residences are built
that they be clustered. If this option is exercised and one or more
of these dwellings arc to be sold, the land upon which these dwellings
arc built shall not be less than two acres per dwelling unit, including
all rights-of-way, whether in fee simple or otherwise, and shall be
subdivided and shall be included in the 10% exception for non-open
space use as described in Subsection F.[1]
[Amended 11-14-2019 by Ord. No. 2019-05]
[1]
Editor’s Note: Former Subsection F, Subdivision exception
for lands placed in the open space program, was repealed 3-10-2016
by Ord. No. 2016-01.
(3)
Permits. A tax parcel of 11 acres or greater in size, which when placed into the open space preservation program did not contain a residence of any type, may be eligible for the issuance of zoning, building and septic permits for one single-family residence and permitted accessory uses, provided all applicable building and zoning regulations have been satisfied, and subject to the caveat in Subsection E(1)(h), below.
[Amended 11-14-2019 by Ord. No. 2019-05]
E.
Open space land subdivision restrictions.
[Amended 12-11-2003 by Ord. No. 2003-4; 3-10-2016 by Ord. No. 2016-01]
(1)
Subdivision exception for land to remain in open space program:
(a)
Eleven-acre minimum parcel for subdivision.
(b)
No parcel containing less than 11 acres shall be subdivided
from the leased premises.
(c)
Subdivided lands remain subject to the easement and provisions
of the ordinance.
(d)
No sewer or zoning permits. New tax parcels created after the implementation of this lease shall be ineligible for sewer, building and zoning permits for residential use until after this lease expires, except as provided in Subsection D above.
(e)
Township permit requirements. Once the lease expires, any subdivided
parcel(s) shall be subject to compliance with Township requirements
before obtaining septic, building, zoning or other permits.
(f)
Lot additions. It is strongly recommended that any subdivided
parcel be done as a lot addition to adjoining property that is in
the open space preservation program.
(g)
Septic systems. Soil testing for a septic system is not required
for this type of open space subdivision.
(h)
Where a parcel in the open space program containing a single-family dwelling is subdivided pursuant to Subsection D(3), above, the resulting parcel without the dwelling shall not be improved with a single-family dwelling. Where a parcel has a single-family dwelling located on it at the time the property is placed in the open space program, the owner may subsequently raze and rebuild the dwelling on the same parcel.
[Added 11-14-2019 by Ord.
No. 2019-05]
(2)
Subdivision exception for land to be removed from the open space
program:
(a)
The landowner having 60 acres or more in the program may subdivide
up to 10% of land leased under the open space preservation program
for non-open-space uses, and this option may be granted at any time
during the lease term.
(b)
This grant/option may be used more than once with a maximum
total land subdivided being not more than 10% of the total land leased.
(c)
The subdivided parcels shall conform to all subdivision, land
development and zoning regulations of the Township.
(d)
The landowner(s) shall pay for all costs of amending associated
with amending the open space lease and subdivision.
(e)
Repayment of advance. In the event an advance was paid under § 163-8 on the subdivided portion, such advance shall be repaid on that portion at the amount paid per acre when the advance was made. The reimbursement is due and payable at the time of recordation of the subdivision or deed.[2]
[2]
Editor's Note: Former Subsection F, Subdivision exception
for lands placed in the open space program, which immediately followed
this subsection, was repealed 3-10-2016 by Ord. No. 2016-01.
B.
Application process for entering into easement agreements under Subsection A(1). By August 31 of the year before they wish the easement to become effective, landowners that wish to enter into an agreement to create a conservation or preservation easement shall submit a completed application to the administrative offices of the Township of Halfmoon. A parcel shall only be eligible for placement in the open space program if it is not enrolled in another open space program; this provision shall not prevent the property from being placed in an open space program in partnership between Halfmoon Township and a third-party agency or sponsor. In order to protect the interest of the Township, any easement agreement with the Township must have the first lien position on the property. If mortgage or other encumbrances exist on the applicant's property, the applicant shall be responsible for obtaining consent from the encumbrance holder allowing the conservation easement to be recorded in first position. This may include, but is not limited to, subordination agreements, lien releases or mortgage lender approvals. The applicant shall be responsible for obtaining such documentation and for all costs associated with such documentation, including document preparation fees, recording fees, and appraisal fees, if determined to be necessary.
[Amended 12-11-2003 by Ord. No. 2003-4; 7-14-2011 by Ord. No. 2011-01; 11-14-2019 by Ord. No. 2019-05]
(1)
Application. The application shall include all of the following:
(a)
A completed application form showing the names of the owners,
the location of the tract, and the area of the tract;
(b)
A list of all liens on the property and those that hold the
liens with their contact information:
(c)
A copy of a recorded deed;
(d)
A disclosure of any other conservation or open space programs
in which the owner has pending an application to enroll the property;
(e)
An aerial photograph of the property with an overlay drawing
of the tract showing the location of the structures, roads and other
man-made features; the location and acreage of both tillable land
and nontillable land included in the property; present uses of the
land; and natural features. The applicant will add the man-made and
prominent natural features, and the present land uses, as required.
To facilitate preparation of this drawing, the Township will provide
a representation of the parcel as shown on the Tax Map;
(f)
If the landowner is willing to offer the Township options for
any other interest in his or her real property, such as the lease
or sale or permanent easements to the Township, this desire should
be indicated in the application;
(g)
The application form shall include a section for authorization
for Township officials to make on-site inspections of the property
as part of the application review;
(h)
The application form shall include a section for authorization
for the Township and its Solicitor to conduct a title search of the
property and for the landowner to cooperate in any way in order to
complete said search. A portion of the tax revenues received by the
Township pursuant to and authorized by Resolution 1999-21 and Act
153 shall be used to pay the costs and fees incurred by the Township
for the title search, which said title search is necessary for the
Township to purchase open space property interests from a landowner.
However, any additional costs or costs associated by insuring the
Township's easement is in first lien position shall be borne
solely by the applicant.
(i)
The application form shall include a section for authorization
where the applicant indicates that to be eligible to be admitted to
the program, the applicant must authorize the obtaining of title insurance
satisfactory to the Township Solicitor. The applicant will be responsible
for obtaining and providing 100% of the cost of the title insurance
policy or title binder upon successful entry into the program.
(j)
The application form shall include a warranty by the applicant
that the property is not already enrolled in another open space program,
and that the applicant shall not put the property into another open
space program if the Township accepts the application.
[Added 11-14-2019 by Ord.
No. 2019-05]
(2)
Selection process.
(a)
Open Space Preservation Board. In selecting properties to be
recommended for conservation or preservation easements, the Open Space
Preservation Board (OSPB) shall:
[1]
Verify that the tract is designated for open space uses in a
resource, recreation or land use plan adopted by the Board of Supervisors
and currently in effect. A copy of the land rating plan will be given
to the applicant upon submitting the application. The land rating
system shall be reviewed by the Open Space Preservation Board on an
annual basis with any suggested modifications, changes, or additions
submitted to the Board of Supervisors for approval.
[2]
Rank the tract according to the land rating system developed
for this purpose.
[3]
The OSPB shall conduct an on-site inspection of the properties
prior to the application being approved.
(b)
The Planning Commission.
[1]
The Planning Commission shall receive and review recommendations
from the OSPB on which landowners should be extended offers to enter
into agreements creating conservation or preservation easements on
their property. The Planning Commission may request any supporting
information from the OSPB.
[2]
After reviewing and considering the recommendations from the
OSPB, the Planning Commission shall make its own recommendations.
(c)
The Board of Supervisors. After receiving recommendations from
the OSPB and the Planning Commission, the Board of Supervisors, at
its discretion, shall direct the Township Solicitor to order a title
search and to render a title opinion within 30 days from receipt of
the OSPB and Planning Commission recommendations. If, when conducting
the title search, the Township Solicitor sees there are any prior
liens on the property which would not allow for the Township conservation
easement to be in first lien position upon its recording, the Township
Solicitor shall notify the Program Administrator as well as prepare
the documentation necessary to effectuate the Township's first
lien position. The Program Administrator shall then contact the applicant
regarding what documentation is necessary and the costs for same.
(d)
Prior to the Township acquiring any interest under the leasing
process, the applicant must obtain title insurance. The applicant
will be responsible for obtaining and providing 100% of the cost of
the title insurance policy or title binder upon successful entry into
the program satisfactory to the Township Solicitor. In the event the
Township Solicitor discovers a defect in the landowner's title or
the Solicitor recommends that the landowner's title to the property
is not satisfactory, Halfmoon Township assumes no liability and/or
responsibility to correct that title.
(e)
Upon receipt of the title opinion and executed documentation
deemed necessary by the Township Solicitor to effectuate the Township's
first lien position, the Board of Supervisors shall take the following
actions:
[1]
The Board of Supervisors shall hold a public hearing(s) at which
time the Township shall set forth the easements to be arranged and
the expected open space benefits. Prior to the public hearing, notice(s)
of the public hearing(s) shall be given to all owners of interest
in real property being considered for a conservation or preservation
easement, and to any other local government in which the property
is located, in written form, not less than seven days prior to the
public hearing(s) or more than 30 days prior to the public hearing(s).
[2]
Within 30 days of the last public hearing for any application,
the Board of Supervisors shall decide, based upon the results of the
land rating system, financial resources available, title search, title
opinion, and first lien documentation and comments derived from public
hearing(s), which landowners will be offered agreements to create
conservation or preservation easements and shall formally extend those
offers to the landowners in written form.
[3]
Agreements between landowners and the Township establishing
a conservation easement shall be signed within 45 days of the date
of the last public hearing held on the application.
[4]
Upon the execution of the agreement, the parties shall cause
to be recorded in the Office of the Centre County Recorder of Deeds,
at the owner's expense, a memorandum of lease in a form approved
by the Township, indexed to the owner and Township, that prominently
states that the party's lease agreement gives notice to the public
that the property is subject to a conservation easement in favor of
the Township, and that further prominently states that the lease requires
the advance approval of the Township for any transfer of ownership
of the property. The lease agreement also provides to Halfmoon Township
a right of first approval to purchase the property in the event of
the early termination of the conservation easement.
(f)
In the event the Township Solicitor discovers a defect in a
landowner's title, the landowner cannot secure first lien position
for the Township, or the Solicitor recommends that the landowner's
title to the property is not satisfactory, Halfmoon Township assumes
no liability and/or responsibility to correct that title.
C.
Procedure for subdivision exception under Subsection A(2).
[Amended 7-14-2011 by Ord. No. 2011-01]
(1)
Open Space Preservation Board.
(a)
Applications, and any supporting information,
shall be submitted to the OSPB.
(b)
If the application concerns a subdivision exception,
applications shall include an explanatory letter detailing the landowner's
proposal, and a drawing of the proposed subdivision. The drawing shall
include all proposed buildings and/or structures. The OSPB shall request
any additional information from the applicant as may be necessary
to consider the application.
(c)
The OSPB shall consider the application, and
supporting information, at a public meeting, and make its recommendation
directly to the Board of Supervisors.
(d)
The OSPB shall also submit a copy of the application,
supporting information, and its recommendation to the Planning Commission.
(2)
Planning Commission. After receiving the application,
supporting information, and OSPB recommendations, the Planning Commission
shall make its own recommendations directly to the Board of Supervisors.
The Planning Commission may request any supporting information from
the OSPB.
(3)
Board of Supervisors.
(a)
After receiving the recommendations from both
the OSPB and the Planning Commission, the Board of Supervisors shall
make the final decision on applications submitted under this section.
(b)
When considering applications for subdivisions
under the ten-percent exception, the Board of Supervisors shall make
its decision based upon whether the proposed subdivision creates a
use of the subject premises that is conducive to continuing the current
use of the open space as a whole cohesive unit.
Halfmoon Township shall have the right to prevent
and correct violations of an easement agreement:
A.
Right of entry. With reasonable advance notice to landowner, as provided herein, Halfmoon Township and/or its representatives may enter the property for the purpose of inspecting for violations to ensure that all provisions of the agreement have been and are being met by the landowner, under terms set forth in the easement agreement. Said entry is limited to one visit every five years, which shall be for a duration of up to six hours to physically inspect the premises. Said entry shall be preceded by written notice to the landowner of Halfmoon Township's desire to enter the premises. To the extent a landowner refuses to allow the Township right of entry for such inspection, such refusal shall constitute a violation under the lease and Halfmoon Township can exercise remedies identified in Subsection C below.
[Amended 11-20-2014 by Ord. No. 2014-02]
B.
Flyovers and aerial photography. Halfmoon Township
has the right to monitor the premises and all activities that take
place on or near the premises at any time by an aerial survey. This
right allows Halfmoon Township and/or its designated representatives
to fly over the premises for the purposes of visual inspection and/or
aerial photography, providing that said overflights are conducted
in such a way so as not to disturb or interfere with the landowner's
agricultural operations and/or other bona fide business activities,
and the landowner's right to the quiet and peaceable enjoyment of
his or her property. In the event such usual inspection and/or aerial
photograph reveal noncompliant activity, Halfmoon Township and/or
its representatives shall have an additional right to inspect the
property.
C.
Remedies. If Halfmoon Township determines that a violation may exist,
it may, at its discretion, take enforcement action, including the
imposition of all reasonable costs and attorneys' fees for such
enforcement. Except when an ongoing or imminent violation could irreversibly
diminish or impair the open space value or character of the premises,
Halfmoon Township shall give the landowner written notice of the violation
and 90 days to correct it before filing any legal action. If a court
with jurisdiction determines that a violation may exist or has occurred,
Halfmoon Township may obtain an injunction to stop it, temporarily
or permanently. A court may also issue an injunction requiring the
landowner to restore the easement premises to its condition prior
to the violation. Further, a court, in addition, may impose a fine
in an amount not to exceed the cost of restoration. The failure of
Halfmoon Township to discover a violation or to take immediate legal
action shall not constitute a waiver of its rights of enforcement
nor bar it from enforcing the provisions of the agreement at a later
time.
[Amended 11-20-2014 by Ord. No. 2014-02]
[Amended 7-14-2011 by Ord. No. 2011-01; 9-12-2013 by Ord. No.
2013-11A]
The term of a conservation or preservation easement
lease shall be for an initial term of 99 years, unless terminated
at an earlier date or extended to a later date under the provisions
set forth in the lease. The form of the lease shall be substantially
in the form as resolved by the Board of Supervisors by resolution
of the Township. The Board of Supervisors may modify the form of the
lease by resolution, upon published notice of its intent to modify
the form of the lease and receipt of the recommendation of the OSPB
on the proposed modification. All costs associated with any amendments
needed on the lease after its recording shall by borne by the leaseholder.
[Added 8-11-2005 by Ord. No. 2005-03; amended 6-12-2008 by Ord. No.
2008-4; 9-12-2013 by Ord. No. 2013-11A]
The purpose of the conservation and preservation easements shall
be to preserve, maintain, conserve, promote and protect agriculture,
farmland, agricultural activities, and open space lands for all of
the purposes recited in this chapter, including forestland, farmland,
natural and scenic resources, water resources, recreation and wildlife
habitat, and shall be implemented by use of agreements between the
Township and the landowner. In order to promote this program, the
Board of Supervisors from time to time may permit holders of conservation
leases or applicants for conservation leases to apply for an advance
payment option.
A.
The Board of Supervisors, after review of the financial resources
available, may from time to time give notice that advance lease payments
may be available to holders of conservation lease agreements and applicants
for new conservation lease agreements.
B.
If the Board of Supervisors deems advance payments may be available,
advance payments will only be given under the following conditions:
C.
Review process.
(1)
The Open Space Preservation Board and Municipal Planning Commission
shall submit a recommendation for advance payment to the Board of
Supervisors.
(2)
The Board of Supervisors, after receiving comment from the Open Space
Preservation Board and the Planning Commission, shall review the recommendations
of both boards as well as the Township's Treasurer modeling as
to what the advance payment would implicate as to the future financial
condition of the Open Space Program. If, after review of all documentation,
the Board of Supervisors wishes to grant an advance payment, it shall
set the matter for public hearing at a regular Board of Supervisors
meeting.
(3)
The Board of Supervisors may make a final determination on the application
after the public hearing.
(4)
Calculation of the amount of advance rent payment. The total amount
for an advanced payment shall be calculated using the annual rental
amount in effect during the year in which the advance payment is made.
There shall be no adjustment in the amount of the payment to compensate
for any anticipated increase in the CPI during the period for which
the advanced payment is made.
(5)
Date of payment of advanced payments. The payment of any advance
rent due on any conservation lease agreement shall be made on or before
December 31 of the fiscal year that such an agreement has been approved
by both the Township and the landowner.
(6)
Requests for advance payments that extend beyond the term of the
lease. No request for an advanced payment shall be approved if the
period for which payment is requested extends beyond the term of the
lease.
[Added 8-11-2005 by Ord. No. 2005-03; 7-14-2011 by Ord. No. 2011-01]
The purpose of conservation and preservation easements shall
be to preserve, maintain, conserve, promote and protect agriculture,
farm land, agricultural activities and open space lands for all the
purposes recited in this chapter. The Township of Halfmoon recognizes
that over time and from time to time events beyond the control of
the Township of Halfmoon and any landowner may cause and have the
effect of the need for the termination of a lease or conservation
agreement(s) between the Township of Halfmoon and any landowner or
equivalent. Therefore, the Township of Halfmoon does make provisions
for such in this section.
A.
Lack of desirability and/or suitability. In the event
that the leased premises are no longer desirable or suitable for open
space under the Township open space preservation program, this lease
may be terminated with the assent of the landowner and the Open Space
Preservation Board, in conjunction with the approval of the Board
of Supervisors and the approval of the Planning Commission, procured
under the review process in the applicable Township ordinance, and
in accordance with applicable law. In the event of a termination of
a lease on this basis, the Board of Supervisors shall determine, with
the approval of the Planning Commission, that it is essential for
the orderly development of an area to terminate or sell the open space
property interest. The Township shall offer to transfer said interest
to the original property owner from whom said interest was acquired,
or his/her estate if the original property owner or his estate is
the current property owner, at a price which is equal to the price
paid by the Township to the original property owner for said interest.
If the Township's offer is not accepted within 90 days, the Township
shall then sell the open space interests, after the question is put
to the electorate and a majority of the voters participating in said
election asset, at public sale in accordance with applicable law.
B.
Financial hardship (landowner option). In a case where a landowner has land leased under the open space preservation program that is used to generate his primary source of income, and can no longer use such land because of market conditions or high taxes, the landowner may petition the Board of Supervisors for a determination of financial hardship. Upon determination by the Board of Supervisors that continuation of the lease is a financial hardship to the landowner, the Board may agree to terminate the lease in conformance with § 163-9C and D and applicable law.
C.
Township right to purchase. In the event of a request for termination or a decision by the Board of Supervisors to terminate a lease, not based on lack of suitability or desirability, the Township shall have the first right of refusal to purchase the real property interest if the landowner decides to sell his/her real property interest. The Board of Supervisors shall obtain at least one appraisal on the subject real property by a person authorized to perform an appraisal, and the Supervisors may require the landowner to obtain an environmental impact statement. The price paid by the Township for said property cannot exceed the price established by the appraisal; however, if more than one appraisal is obtained, the price paid cannot exceed the average of those appraisals. The price paid must also not exceed the maximum base price as established by § 163-15. The Township may purchase such interest on an installment or other deferred basis. If such interest is purchased on an installment or other deferred basis, then the owner of the interest shall receive, in addition to the selling price, interest at the rate set forth in the purchase agreement. All real property acquired in fee simple shall be sold by law within two years of the date of acquisition, subject to restrictive covenants or easements limiting the land to open space uses.
[Amended 11-14-2019 by Ord. No. 2019-05]
D.
Request for termination lease having advanced payments
paid on lease.
(2)
Penalty
clause. If such request for termination is accepted under provisions
of this chapter by the Board of Supervisors, the Board of Supervisors
shall make an assessment upon the property. The assessment shall not
be less than the total lease payments paid in advance on any lease
for the remaining term of any lease that has been paid in advance.
Said assessment shall be delivered to the Treasurer of the Township
prior to the execution of any termination of lease that has been accepted
by the Board of Supervisors.
E.
Mutual agreement. Nothing stated in this chapter shall prevent the Township of Halfmoon and the landowner from entering into an agreement to terminate the lease and convey the property from the landowner to the Township in fee simple at such price and upon such terms as agreed upon between the landowner and the Board of Supervisors, subject to the requirement of § 163-15.
[Added 11-14-2019 by Ord.
No. 2019-05]
[Amended 11-11-2009 by Ord. No. 2009-7]
The Board of Supervisors shall organize a review of the activities
of the open space preservation program at least one every five years.
The Board of Supervisors may, at its discretion, organize such a review
at less than a five-year interval with or without a recommendation
to do so from the Open Space Preservation Board.
A.
To organize such a review the Board of Supervisors shall appoint
an ad hoc review committee.
B.
The membership of the review committee shall include:
(1)
A Chair who is a member of the Board of Supervisors who is not also
a member of the Open Space Preservation Board.
(2)
A member of the Open Space Preservation Board.
(3)
A member of the Township Planning Commission who is not also a member
of the Open Space Preservation Board.
(4)
One or two citizens of Halfmoon Township who are interested in the
open space preservation program.
(5)
A conservation leaseholder whose land is conserved through the open
space preservation program.
(6)
A representative of the Centre Regional Planning Agency who is not
the planner assigned to Halfmoon Township.
(7)
One or two representatives of governmental agencies or nonprofit
organizations who are familiar with land conservation practices.
(8)
One or more individuals with special expertise in finance and/or
areas that the Board of Supervisors believes would be useful in conducting
the review.
C.
The review committee shall be charged to:
(1)
Review the past activities of the open space preservation program,
especially during the most recent five-year period, with respect to:
(a)
Whether the lands conserved provide the open space benefits outlined in § 163-2 of this chapter and are consistent with the objectives outlined in the specific intent section of the Township's open space preservation and land use plan; and
(b)
Whether the program has made the most efficient use of the funds
available.
(2)
The review committee shall offer comment on these past activities
and, if appropriate, make recommendations for improvements.
(3)
Consider possible future changes in conservation objectives and in
funds that may be available and, if appropriate, make recommendations
as to the future direction of the open space preservation program.
(4)
Undertake other tasks as directed by the BOS.
D.
The Program Administrator shall provide to the review committee all
information relating to the open space preservation program that is
necessary to conduct a comprehensive review. This shall include, at
a minimum, the following:
(1)
A current map of the Township showing:
(a)
The parcels preserved by a conservation lease;
(b)
The parcels preserved by a conservation easement held by the
Township;
(c)
The parcels preserved by fee simple acquisition by the Township;
(d)
The remaining parcels that are eligible to be preserved; and
(e)
The parcels that were eligible for preservation at the beginning
of the open space preservation program but that have since been subdivided
or developed so as to be ineligible.
(2)
A table of information about the program that shows, for each year
the program was in operation, the following:
(a)
The number of parcels and the total number of acres newly preserved
by conservation lease, conservation easement or fee simple acquisition
during each year;
(b)
The total number of parcels and the total number of acres preserved
by the program at the end of each year;
(c)
The amount of funds received by the program during each year;
(d)
The rental payment per acre in effect during each year;
(e)
The amount paid for annual leases during each year;
(f)
The amount paid for advance payments on leases during each year;
(g)
The amount paid for conservation easements, fee simple acquisitions,
and other expenses during each year;
(h)
The total amount spent by the program during each year; and
(i)
The balance remaining in the open space preservation program
accounts at the end of each year.
Nothing in this chapter limits, expands, modifies,
or preempts the rights, powers, duties and liabilities of operators
or other persons under the Surface Mining Conservation and Reclamation
Act [Act of May 31, 1945 (P.L. 1198, No. 418)][1] or the Bituminous Mine Subsidence and Land Conservation
Act [Act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1)][2]. This chapter does not limit or restrict any coal mining
activity which was permitted or for which an application for permit
was filed prior to the recording of a conservation easement. A conservation
interest affecting real property containing a workable coal seam or
from which an interest in coal has been severed may not be recorded
or effective unless the grantor or owner of the easement signs a statement
printed on the conservation lease agreement stating that the easement
may impair the development of such coal interest.
[Added 6-12-2008 by Ord. No. 2008-4]
A.
Eligible acquisitions. The Township is authorized to expend funds
approved under the open space referendum to acquire property interests
to achieve the purposes set forth:
(1)
Acquisition of conservation easements or fee simple land acquisitions
of privately owned properties that are consistent with and for the
purposes of the open space preservation program of Halfmoon Township.
[Amended 11-20-2014 by Ord. No. 2014-02]
(2)
Fee simple land acquisitions of privately owned properties on which
a conservation lease may be terminated that are consistent with and
for the purposes of the open space preservation and land use plan,
and provide for the public benefit.
[Amended 11-20-2014 by Ord. No. 2014-02]
(3)
An acquisition by the Township under this chapter may be accomplished
by purchase, contract, gift, devise or matching gift or otherwise
in accordance with applicable law. An acquisition may also be held
jointly with another entity or individual to the extent allowed by
law.
B.
Ineligible acquisitions:
(1)
[1]Lands already under the protection of a permanent conservation
easement where no additional significant public benefit is proposed
or may be gained.
[1]
Editor’s Note: Former Subsection B(1), regarding parcels not consistent with open space preservation, and former Subsection B(2), regarding applications without written consent of the Board of Supervisors, were repealed 11-20-2014 by Ord. No. 2014-02. This ordinance also provided for the redesignation of Subsection B(3), (4), (5) and (6) as Subsection B(1), (2), (3) and (4), respectively.
(2)
Leases and other instruments where preservation will not be in perpetuity,
excepting those lease(s) issued under other provisions of this chapter.
(3)
Land used for disposal of sewage of any kind, including sewage-based
spray or drip irrigation use; exception: existing primary and secondary
sewage disposal sites required for residential uses existing at the
time of enrollment.
(4)
Any current or former landfill site that is known or suspected to
be contaminated with hazardous substances or hazardous waste, and
any property which may be adversely affected by any such site.
C.
Conservation easement/fee simple application and completion procedures.
(1)
Submit the acquisition application. The applicant shall submit an
application prior to consideration of any request (an "acquisition
application").
(a)
A complete application package ("application package") consists
of the following documents:
(2)
Application review.
[Amended 11-20-2014 by Ord. No. 2014-02]
(a)
The Township's application review will begin upon receipt
of a complete application package to the Open Space Program Administrator.
(b)
The Open Space Program Administrator will submit the application
package to the Open Space Preservation Board at its next regular meeting
to begin its review:
[1]
Verify that the tract is designated for open space uses in a
resource, recreation, or land use plan adopted by the Board of Supervisors
and currently in effect.
[2]
Rank the tract in accordance with the land rating system developed
for this purpose.
[3]
Complete a financial evaluation by using the Open Space Preservation
Program Forecasting Model to determine the program's ability
to appropriately fund the proposed purchase and maintain all lease
payments in perpetuity.
[4]
The Open Space Preservation Board shall recommend if an offer
shall be extended to create a conservation or preservation easement
on the property. The recommendation shall include the terms and conditions
of an agreement between the Township and the landowner and shall submit
recommendations to the Planning Commission.
(c)
The Planning Commission.
[1]
The Planning Commission shall receive and review recommendations
from the Open Space Board on which landowners should be extended offers
to enter into agreements creating conservation or preservation easements
on their property. The Planning Commission may request supporting
information from the Open Space Board.
[2]
After reviewing and considering the recommendation from the
Open Space Board, the Planning Commission shall make its own recommendations
directly to the Board of Supervisors on which landowners should be
extended offers to enter into agreements.
(d)
The Board of Supervisors.
[1]
After receiving recommendations from both the Open Space Board
and the Planning Commission, the Board of Supervisors shall take the
following actions:
(e)
The Township shall require that an appraised value of the easement
or fee simple acquisitions be determined for each transaction. The
appraisers shall be certified by the Pennsylvania Department of State,
Bureau of Professional and Occupational Affairs, as a certified general
appraiser having met all the qualifications as required by Act 1990-98
of July 10, 1990, of the Commonwealth of Pennsylvania or its equivalent.
The selected appraisers will not have a property interest or personal
or financial interest in the selected parcel.
[1]
For the purposes of defined "appraised value:" Appraised value
shall be determined based on the average of two appraisals, one paid
for by the property owner, and one paid for by the Township. If the
higher appraisal is less than 10% greater than the lower appraisal,
then the appraised value shall be the average of the two. If the higher
appraisal is more than 10% greater than the lower appraisal, a third
appraisal shall be sought from an appraiser at the discretion of the
Board of Supervisors. The appraised value then would be the average
of the two closest appraisals.
[2]
All appraisals shall meet the requirements set by the Board
of Supervisors by resolution.
(3)
Land survey. The Township shall require that a survey be completed
for each acquisition application. A professional land surveyor registered
in the Commonwealth of Pennsylvania shall perform a survey of the
proposed application land and any trail features on the property.
(a)
The survey performed shall be completed to a standard that is
suitable for recording and shall be recorded with the legal interest
acquired (fee simple/deed or conservation easement). The survey process
shall be as follows:
[1]
Survey. A minimum of three bids will be submitted to the Township
upon the Township giving public notice of request for bids.
[2]
The Township will submit to the applicant a copy of the bids
received.
[3]
The Township and the applicant shall give notice to the surveyor
if such are not already available to visibly mark the boundary monuments
in the field, provide the boundary information in an electronic format
that can be converted for use with Arc View® Geographic Information
System Software.
[4]
The surveyor will provide the Township with a copy of the Arc
View® files delineating the property/easement boundaries and all
public access areas within the property/easement.
[5]
The surveyor will provide the Township with three copies of
the survey map in a paper format acceptable to the Township Engineer.
(4)
Complete and submit baseline documentation report. The baseline documentation
report checklist is provided in the application package and shall
be submitted with the required information at the time of application
by the applicant. A checklist is included to ensure the applicant
completes a minimum baseline documentation report that meets the Township's
requirements.
(6)
Agreement of sale. The Township shall submit the agreement of sale
to the applicant for approval prior to execution. The applicant or
its agent is responsible to review the document to determine its consistency
with the acquisition application.
(7)
Settlement. Scheduling of the acquisition settlement is the sole
responsibility of the applicant.
(8)
Post acquisition settlement. The Township shall record the applicable
deed transfer documents or conservation easements and the declaration
of covenants, conditions and restrictions at the Centre County Recorder
of Deeds, within 30 days of the acquisition settlement. Furthermore,
the Township shall provide a certified copy to the applicant within
10 days of receipt of the documents from the Centre County Recorder
of Deeds evidencing that the documents have been recorded.
(a)
For conservation easements, a United States Federal 1099-S verification
form shall be submitted to the Township within 30 days of settlement
or before the end of the calendar year within which the transaction
was completed.
(9)
Requests for funds from the Township. Requests for the release of
Township funds cannot be processed until all required information
has been received, reviewed and accepted. The Township reserves the
right to request further documentation for any reason prior to processing
the final funding request. Upon approval of a reimbursement request,
the Township will initiate a request for payment of the funds. The
funds will be made available to the applicant as soon as possible,
usually less than 45 days after the payment request has been initiated.
(10)
Public benefit accountability. The OSPB or its designee shall
provide an annual update, in writing, to the Board of Supervisors
on the status of public benefit, including public access and use that
has occurred on the parcel over the past year.
D.
Declaration of covenant, conditions and deed restrictions, conservation
easement and other documentation requirements.
(1)
Declaration of covenant form. In cases of fee simple acquisitions,
at the time the deed is recorded at the Centre County Recorder of
Deeds, the Township shall record a declaration of covenants, conditions
and restrictions ("declaration"). The declaration shall be in a form
approved by resolution of the Township. The Board of Supervisors may
modify the form of the declaration by resolution, upon published notice
of its intent to modify the form of the declaration and receipt of
the recommendation of the OSPB on the proposed modification, including
public access requirements if so requested by the applicant.
(2)
Conservation easement form. When acquiring a conservation easement,
the form of the conservation easement shall be in the form approved
by resolution of the Township. The Board of Supervisors may modify
the form of the conservation easement, upon published notice of its
intent to modify the form and receipt of the recommendation of the
OSPB on the proposed modification, including public access requirements
if so requested by the applicant.
(4)
Title insurance and fee reimbursement. Prior to the Township acquiring
any interests under the acquisition process, the applicant must obtain
title insurance satisfactory to the Township Solicitor. The Township
will reimburse up to 100% of the cost of title insurance policy or
title binder for each successful acquisition application.
(6)
Baseline documentation fee reimbursement. The Township will reimburse
50% of costs associated with the compilation and reproduction of the
documentation which the Township requires in support of a complete
acquisition application.
[Amended 11-20-2014 by Ord. No. 2014-02]
[1]
Editor’s Note: Former § 163-13, Statement of voluntary
participation, added 6-12-2008 by Ord. No. 2008-4, and § 163-14,
Review and selection process, added 6-12-2008 by Ord. No. 2008-4,
were repealed 11-20-2014 by Ord. No. 2014-02.
[Added 6-12-2008 by Ord. No. 2008-4; amended 11-20-2014 by Ord. No.
2014-02; 11-14-2019 by Ord. No. 2019-05]
A.
Maximum base price of acquisition.
(1)
The direct financial cost from all sources to purchase an interest
in the property in the following amounts:
(a)
Eligible acquisition applications are limited to maximum base purchase price for fee simple acquisitions, not to exceed the appraised value, as determined in accordance with § 163-9.
(b)
Any such price shall be subject to the annual easement and acquisition
threshold as established by the Board of Supervisors.
B.
Maximum base price of permanent conservation easement.
(1)
The direct financial cost to purchase a permanent conservation easement
in the following amounts:
(a)
Eligible permanent conservation easement applications are limited
to maximum base purchase price not to exceed $4,000 per acre for tillable
land and $1,000 per acre for nontillable land, or the appraised value
of the easement, whichever is less.
(b)
Any such price shall be subject to the annual easement and acquisition
threshold as established by the Board of Supervisors.
[Added 6-12-2008 by Ord. No. 2008-4]
A.
Options. Payment for a conservation easement or fee simple acquisition
may be made in a lump sum cash purchase, installment purchase or in
another manner of payment consistent with applicable law.
B.
When installment purchases are made, the following procedure will
apply:
(1)
Installment sales with a payment period of five years or less. Installment
sales in which the final payment for the easement purchase is to be
made no longer than five years from the date of contract of sale is
fully executed are subject to the following requirements:
(a)
Purchases may be made in the name of the Township, the Township
and the commonwealth, or the Township, commonwealth and a conservation
organization or jointly by the commonwealth, Centre County and a conservation
organization.
(b)
The Township will provide the written agreement of sale for
purchases to the applicant.
(c)
The installment payment terms, including the dates of payments,
payment amounts and interest rate on the outstanding balance shall
be negotiated between the applicant and the Township.
(d)
The interest rate to be paid on the outstanding balance shall
be established by the Township and shall be stated in the agreement
of sale. The Township is authorized to pay interest on the declining
unpaid principal balance at the legal rate of interest consistent
with prevailing market conditions at the time of execution of the
installment contract, or such lesser amount as may be negotiated.
(2)
Installment sales with a payment period of more than five years. Installment sales, other than those installment sales described in Subsection B(1)(a), in which the final payment for the easement purchase is to be made more than five years from the date the contract of sale is fully executed are subject to the following provisions:
(a)
Purchases may be made in the name of the Township, the Township
and the commonwealth, or the Township, commonwealth and Centre County
or a conservation organization or jointly by the commonwealth, Centre
County and the Township and a conservation organization.
(b)
The Township will provide the written agreement of sale for
purchases to the applicant.
(c)
The installment payment terms, including the dates of payments,
payment amounts and interest rate on the outstanding balance shall
be negotiated between the landowner and the Township.
(d)
The interest rate to be paid on the outstanding balance shall be established by the Township, and shall be stated in the agreement of sale. (This amount shall not exceed the adjustment of term rate as listed in § 163-7, Lease, Appendix C, § 4.03(b), Paragraph 2).[1]
[1]
Editor's Note: Appendix C is on file at the Township offices
(e)
The Township's share of the easement purchase price, exclusive
of interest, shall be transferred for deposit into an irrevocable
escrow account or deposit in another manner provided by law. From
such account payments will be made during the term, once each fiscal
year.
[Added 6-12-2008 by Ord. No. 2008-4]
A.
The OSPB or its designated appointee shall inspect all restricted
land within the Township at least annually to determine compliance
with the applicable deed of easement. The first inspection shall be
completed within one year of the date of sale and shall be included
in the annual report of the OSPB following that one-year period.
B.
Written notice of an inspection to be conducted shall be mailed,
by certified mail, to the owner at least 30 days prior to the inspection.
C.
Inspections shall be conducted between the hours of 8:00 a.m. and
6:00 p.m. on a date and time that is not a legal holiday recognized
by the commonwealth, agreeable to the Township and the landowner.
D.
Within 30 days of conducting an inspection, the OSPB or its designee
shall prepare a written inspection report setting forth the following
information:
(1)
The identification of the land inspected.
(2)
The name of the owner of the land at the time the easement was originally
acquired and the name of the current owner of the land inspected.
(3)
A description of modifications in the number, type, location or use
of any structures on the land since the date of the filing of the
deed of easement.
(4)
A description of the deviations from the conservation plan observed
on the restricted land.
(5)
A statement of whether the provisions of the deed of easement are
being observed.
(6)
A statement indicating whether a structure permitted under the easement
has been constructed on the restricted land and, if such a structure
has been constructed, the month and year construction was completed
and a description of the structure and its location on the land.
E.
A copy of the inspection report shall be mailed, by certified mail,
to be owner within five days of issuance.
F.
The Township may inspect the restricted land, jointly or severally,
without prior notice if they have reasonable cause to believe that
any provision of the easement has been or is being violated.
[Added 6-12-2008 by Ord. No. 2008-4]
The OSPB or its designee shall file the following with the Board
of Supervisors by July 1 of each year:
[Added 6-12-2008 by Ord. No. 2008-4]
If an individual, organization or agency having fee simple ownership
of a tract of land on which the Township has acquired a conservation
easement intends to transfer ownership of that land, the landowner
shall submit to the Township a written request for approval of that
transfer along with a copy of the proposed deed of transfer at least
60 days before the proposed date of transfer. The landowner shall
not execute the transfer until the Township has provided written approval
of the request under the following conditions:
A.
No changes in the conservation easement held by the Township or in
the declaration of covenants, conditions and restrictions agreed to
by the landowner and the Township at the time of creation of the conservation
easement may be made without the approval of the Township. These documents
shall be made a part of the transfer of ownership agreement;
B.
Availability of public access shall remain the same or may be increased;
and
C.
The Township shall have no role in negotiating sale prices between
the landowner and the prospective landowner.
[Added 6-12-2008 by Ord. No. 2008-4]
The Board shall recognize the obligations of the Township for
resale of fee simple interests in open space acquired pursuant to
Act 153[1] and this chapter, and the Board shall recognize compliance
with all other mandatory provisions of the Act.
[1]
Editor's Note: See 32 P.S. § 5001 et seq.
