offer an incentive for preservation of prime agricultural and forestry land;

provide compensation to the landowner who voluntarily agrees to place agricultural and forestry use covenants on his land;

offer a free market system for financing agricultural and forestry preservation, thus reducing direct cost to the taxpayers;

guide development away from prime agricultural and forestry lands on which viable farming and forestry endeavors are practical; and

act as a source of development rights.

The Board of County Commissioners shall appoint an Agricultural Preservation Advisory Board consisting of five members, at least three of whom shall be owner operators of commercial farms.

The Board of County Commissioners may appoint one or more alternate members for the Agricultural Preservation Advisory Board who may be empowered to sit on the Board in the absence of any member of the Board. A quorum for meetings is three members of whom no more than one shall be an alternate.

The membership of the Board shall consist of at least one resident from each Election District.

The term of a member is five years.

The terms of members are to be staggered as required by the terms provided for members of the Board on July 1, 1985.

At the end of a term, a member continues to serve until a qualified successor is appointed.

A member who is appointed after a term has begun serves only to complete the term or until a qualified successor is appointed.

A member may not serve for more than two consecutive full terms.

The Board shall accept, approve, or reject all applications; promulgate regulations for adoption by the Board of County Commissioners; and develop procedures for the formation of Agricultural Preservation Districts and the withdrawal from an Agricultural Preservation District, subject to the provisions of this Subsection. The procedures shall include the following:

Within an Agricultural Preservation District, the right of eminent domain is limited to those instances where no other viable alternative exists.

Within an Agricultural Preservation District, special assessments shall not be permitted for the support of any public service including, but not limited to, water and sewer service. (Code 1981, Section 17-103; 1985, cs. 715, Section 2.)

The Agricultural Preservation Advisory Board shall designate certain portions of the County as having the greatest potential for maintaining a viable level of agricultural or forest production. The criteria the Board uses shall include, but not be limited to:

The area specified in this Section shall be called the "Designated Agricultural Area". Wooded parcels may be included in the Designated Agricultural Area.

Any person who owns land within a Designated Agricultural Area is not required to join an Agricultural Preservation District. The program is entirely voluntary.

One Transferable Development Right (TDR) per acre of land is allocated within an Agricultural Preservation District created in the Rural Community and Farm and Forest Districts. Provided that no TDRs have previously been sold, two TDRs per acre of land are allocated within an Agricultural Preservation District created in the RD Residential District. See Section 8-1.06.K for provisions regarding allocation of TDRs for properties in the Critical Area.

Five development rights shall be subtracted for each residence located on a parcel in an Agricultural Preservation District.

The Board of County Commissioners shall grant five development rights for each one-acre exception lot authorized in the Rural Community and Farm and Forest District under the provisions of Sections 5-1.02 and 5-1.03 of the County Zoning Ordinance and not previously used.

The conveyance of a development right does not affect the ownership of that property. Once the development right of a property has been conveyed, that property shall be used for agricultural, forestry, or other uses permitted by regulations adopted by the Board of County Commissioners.

The conveyance of a development right restricts the use of that land by all future purchasers, owners, heirs, and assigns to the same extent as the use was restricted by the original conveyor of the development.

An owner of property located within an Agricultural Preservation District is not required to convey TDRs. However, once a TDR is conveyed, the owner may not remove that designated parcel from the Agricultural Preservation District. This restriction applies only to the designated parcel from which the TDR was conveyed and not to other parcels of land owned by the conveyor.

The one-mile radius shall be measured from the perimeter of major Town Centers (North Beach, Chesapeake Beach, Prince Frederick and Solomons) as they exist as of the effective date of this Ordinance

The one-mile radius shall be measured from the center of minor Town Centers as they exist as of the effective date of this Ordinance and as identified as follows:

minimize adverse impacts on water quality that result from pollutants in run off from surrounding land uses;

conserve fish, wildlife and plant habitat; and

establish land-use policies for development in the Chesapeake Bay Critical Area which accommodate growth and also address the fact that, even if pollution is controlled, the number, movement and activities of persons in that area can create adverse environmental impacts.

All waters of and lands under the Chesapeake Bay and its tributaries to the head of tide as indicated on the State wetlands maps, and all State and private tidal wetlands; and

All land and water areas within 1,000 feet beyond the landward boundaries of State or private wetlands and the heads of tides. The wetlands and heads of tide are as indicated on the State wetlands maps and the Critical Area line is as indicated on the Calvert County Critical Area aerial maps.

safeguard the heritage of the County by preserving areas and structures which reflect significant elements of its cultural, social, economic, political or architectural history;

stabilize and improve property values in the area of Historic Districts and strengthen the local economy;

foster civic beauty;

promote the use and preservation of Historic Districts for the education, welfare, and pleasure of the residents of the County;

develop an awareness among property owners of the value of preserving, protecting and restoring areas of historical significance; and

enable the County government to identify and officially designate landscapes, structures and sites of historical and cultural importance to the County in order to make such structures and sites eligible for specific benefits conferred by this and other County ordinances and policies both current and adopted in the future.

If the property is a lot within a recorded subdivision containing more than five lots, the use shall only be permitted if:

Parking and accessory uses such as refuse bins, storage, etc., shall be screened from view from adjoining properties.