[HISTORY: Adopted by the Township Board of Trustees of the
Charter Township of Pittsfield 2-25-2015 by Ord. No. 317 as Ch. 39 of the 2015
Pittsfield Charter Township Code. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision — See Ch. 12.
The Board of Trustees finds that:
A.Â
The Township is a desirable place to live, work and visit in large
part because of the availability of farmland and open space and the
relief that wetlands, woods and agricultural fields bring. Scenic
views, agriculture, open spaces and wildlife habitat are all considered
invaluable natural and aesthetic resources and should be protected.
B.Â
The climate, variety of soils and terrain make the Township well
suited to the production of a great number of row crops, specialty
crops and livestock, including many foods available for direct human
consumption. These resources include a significant amount of land
currently in agricultural production, and other woodland, wetland
and open lands adjacent to these farmlands. Such lands provide unique,
aesthetic and economic benefits to the citizens of the Township and
are an important part of the Township's natural and agricultural
heritage. The Township is experiencing substantial residential development,
however, because of its location to the highly urbanized areas of
southeast Michigan, its attractive landscapes and its excellent public
schools. The same characteristics which have made this area so desirable
for agricultural production and recreation also make it attractive
for development.
C.Â
The agricultural industry in the Township provides the opportunity
to harvest locally grown foods to sell at roadside stands, farmers'
markets, local retail food stores and other local outlets in the area.
Land suitable for farming is an irreplaceable natural resource with
soil and topographic characteristics that have been enhanced by generations
of agricultural use. When such land is converted to residential or
other more developed uses which do not require those special characteristics,
a critical community resource is permanently lost to the citizens
of the Township.
D.Â
It is the policy of the state and the Township to protect, preserve
and enhance agricultural and open space lands as evidenced by the
Township Comprehensive Land Use Plan, the Michigan Zoning Enabling
Act, MCL 125.3101 et seq., and other state and local statutes and
policies. Ordinances regulating land use by zoning and subdivision
control enacted by the Township also serve these purposes. These measures
by themselves, however, have not been effective in providing long-term
protection of farmland, natural areas and open space under the pressure
of increasing development.
E.Â
Agriculture in the Township produces a notable array of products,
from corn and soybeans to vegetables, fruit and livestock. The Township's
agricultural acreage contributes to the local economy in direct sales
of agricultural products at the farm gate.
F.Â
Generally, farmland and open space lands which are close to urban
centers have a greater market value for future development than their
market value for farming or open space. Prime agricultural land often
has the same features that are considered valuable components of developable
areas. This fact encourages the speculative purchase of these lands
at high prices for future residential development, regardless of the
current zoning of such lands. Farmland which has a market value greater
than its agricultural value does not attract sustained agricultural
investment and eventually this land is sold by farmers and removed
from agricultural uses.
G.Â
The permanent acquisition by the Township, state, or other qualified
organization, of voluntarily offered interests in farmland and open
space lands within the Township, as provided in this chapter and as
authorized by the Constitution and statutes of the state, will permit
these lands to remain in farmland and open space near developing urban
areas and provide long-term protection for the public interests which
are served by farmland and open space lands in the Township.
H.Â
Properties on which the development rights have been purchased must
remain substantially undeveloped in order to protect their agricultural
use or open space character.
I.Â
Michigan Public Act 262 of 2000 (MCL 324.36201 et seq.) created an
Agricultural Preservation Fund within the State Treasury. Money in
this fund may be used to provide grants to local units of government
to assist in the acquisition of agricultural conservation easements,
provided that the local unit has adopted an ordinance for the purchase
of development rights and that the local unit has a comprehensive
land use plan that includes a plan for agricultural preservation.
Acceptable plans for agricultural preservation can include provisions
for primary agricultural districts, rural uses that allow agriculture,
and open space designations that allow agriculture.
J.Â
The acquisition of interests in farmland and open space lands as
provided in this chapter is a public purpose of the Township.
K.Â
This chapter is authorized by Sections 507 to 509 of the Michigan
Zoning Enabling Act, MCL 125.3507 to 125.3509.
As used in this chapter, the following terms shall have the
meanings indicated:
An interest in and the right to use and possess land for
purposes and activities related to open space, natural habitat, horticultural
and other agricultural uses.
Substantially undeveloped land devoted to the production
of plants and animals useful to humans, including but not limited
to fruits, nuts, vegetables, greenhouse plants, Christmas trees and
lumber, forages and sod crops, herbs, grains and feed crops, dairy
and dairy products, traditional and specialty livestock (including
breeding and grazing), poultry and other similar uses and activities.
The Pittsfield Charter Township Board of Trustees.
An activity which materially alters or affects the existing
conditions or use of any land.
An interest in and the right to use and subdivide land for
any and all residential, commercial and industrial purposes and activities
which are not incidental to agriculture and open space.
A grant by an instrument whereby the owner relinquishes to
the public in perpetuity the right to develop the land as may be expressly
reserved in the instrument, and which contains a covenant running
with the land not to develop, except as this right is expressly reserved
in the instrument.
Farmland and open space land for which the purchase of development
rights easements with tax funds and other monetary sources are authorized
pursuant to this chapter.
Those lands shown in the Township comprehensive land use
plan, or the Official Zoning Map, as being planned or zoned for agricultural
or open space uses, as adopted and amended from time to time by the
Township Planning Commission and Board.
Fee simple ownership.
The United States or any agency thereof, the state or any
agency thereof or any township, city or municipal corporation.
Official Large-Scale Maps describing such areas in detail
are available through the Washtenaw County Metropolitan Planning Commission,
the Washtenaw County Conservation District, and other government agencies,
and are incorporated herein by reference.
Substantially undeveloped land devoted to the maintenance
or enhancement of natural processes (e.g., water quality, plant and
wildlife habitat, groundwater recharge) and/or the scenic enjoyment
of the public.
The party or parties having the fee simple interest in land.
All property under a single ownership that is included in
the application.
Any use contained within a development rights easement essential
to the farming operation or which does not alter the open space character
of the land.
The right to sell portions of a property, or to construct
houses on a property, for residential uses not related to the agricultural
use or open space character of the property.
Land on which there is no more than one residential dwelling
unit (exclusive of housing units directly associated with the farming
operation) for each 40 acres of land.
The Pittsfield Charter Township Supervisor.
The difference between the fair market value of full ownership
of the land (excluding the buildings thereon) and the fair market
value of the agricultural rights plus any residential development
rights to be retained by the owner.
A.Â
The Board of Trustees is hereby authorized to expend revenues to acquire property interests in the farmland and open space lands described and prioritized in § 39-5 of this chapter. The property interest acquired may either be the development rights, or any lesser interest, easement, covenant or other contractual right. Such acquisition may be accomplished by purchase, gift, grant, bequest, devise, covenant or contract, but only at a price which is equal to or less than the appraised value determined as provided in this chapter. The revenues shall be used to acquire such property interests only upon application of the owner and in a strictly voluntary manner.
B.Â
The Township is authorized to enter into cash purchase and/or installment
purchase contracts, and agreements for the receipt of tax deductible
donations of easements, consistent with applicable law. When installment
purchases are made, the Township is authorized to pay interest on
the declining unpaid principal balance at a legal rate of interest
consistent with prevailing market conditions at the time of execution
of the installment contract for the tax-exempt status of such interest.
C.Â
The Board of Trustees is further authorized to contract with recognized
and legally established nonprofit land trusts or other experienced
and qualified nonprofit groups or government agencies to participate
jointly in the acquisition of interests in eligible lands.
D.Â
The Township may contract with recognized and legally established
nonprofit land trusts or other experienced and qualified nonprofit
groups or government agencies that would share in the process of negotiating
easements and establishing both the baseline studies and the procedures
for monitoring of any conservation easements acquired under this chapter.
A.Â
To promote agricultural use of properties on which the Township has
purchased the development rights, it has been determined that such
properties should remain substantially undeveloped.
B.Â
It may be in the best interest of property owners and of the program
to purchase development rights, that property owners retain some residential
development rights so long as the land remains substantially undeveloped.
When property owners retain some development rights their land value
remains higher than it would be if they sold all their development
rights and the value of the development rights to be purchased is
correspondingly reduced.
C.Â
Applications for the sale of development rights may include a provision
to retain the right to build residential dwellings (residential development
rights), provided that no retained residential development rights
would result in more than one dwelling unit per 40 acres of land (exclusive
of housing units directly associated with the farming operation).
This is not to preclude the sale of all the remaining dwelling units
in excess of one dwelling unit per 40 acres of land.
D.Â
The building locations for retained residential development rights
may be restricted in the negotiated conservation easement in order
to protect other important features of the property. Building locations
and lot sizes must also conform to existing zoning in the Township
where the property is located.
A.Â
Revenues shall be used to purchase property interests in the following lands in the following order of their priority subject to the provisions of § 39-7.
B.Â
Primary criteria that all properties must meet: Voluntary application
by the property owner and those lands shown in the Township comprehensive
land use plan, or the Official Zoning Map, as planned or zoned for
agricultural, open space or rural uses.
C.Â
Criteria for selection. The following criteria shall be used in determining
the order in which applications will be prioritized in any selection
round to purchase development rights on all eligible lands for which
complete applications have been received by the Township.
D.Â
This numerical ranking system has been developed to prioritize farm
and open space sites for the purchase of conservation easements. It
is the intention of the users of this system to direct efforts toward
high quality farmland and open space.
E.Â
Appropriateness is determined by favorable natural conditions and
location factors which make farming a viable undertaking both currently
and in the future, or which can support viable natural habitat or
scenic views. Areas targeted for preservation are those lands shown
in the Township comprehensive land use plan or Official Zoning Map
as planned or zoned for agricultural, open space, or rural uses.
F.Â
Description of the system. The farmland ranking system consists of
four sections as follows. The maximum point value is 100, with additional
points possible in the event of a tie.
|
Part
|
Points
| |
|---|---|---|
|
I. Characteristics of the farmland
|
32
| |
|
II. Stewardship of the land
|
24
| |
|
III. Pressure for conversion to nonfarm use
|
12
| |
|
IV. Long-range planning considerations
|
32
| |
|
Total
|
100
|
G.Â
Priorities. The point value arrived at through the use of this system
will be used to prioritize farm sites for purchase of conservation
easements. Higher point values indicate higher priority for purchase.
In the case of a tie using the one-hundred-point scale, the tiebreaking
categories may be used. All property in a single ownership may be
included in one application. Contiguous properties under the same
ownership will be treated as a single entity.
Note: An explanation of terms and parameters used in the system
appears in the Appendix.[1]
|
Part I
Characteristics of the Farmland
| |||
|
Maximum Points = 32
| |||
|
A.
|
Type of agricultural land (See Appendix for explanation of terms)
| ||
|
Category
|
Score
| ||
|
Essential
|
14
| ||
|
Secondary
|
7
| ||
|
Reserve
|
3
| ||
|
B.
|
Size of parcel offered for development rights purchase (See
Appendix)
| ||
|
Acreage
|
Score
| ||
|
80 acres or more
|
8
| ||
|
40 to 79.9 acres
|
5
| ||
|
20 to 39.9 acres
|
2
| ||
|
C.
|
Proximity to existing protected land (See Appendix)
| ||
|
Distance to protected land
|
Score
| ||
|
Adjacent or within 1 mile
|
4
| ||
|
Between 1.1 and 2 miles
|
2
| ||
|
D.
|
Farm buildings
| ||
|
Buildings
|
Score
| ||
|
Usable, functional farm buildings on site
|
4
| ||
|
Usable, functional farm buildings within 2 miles
|
2
| ||
|
Part II
Stewardship of the Land
| |||
|
Maximum Points = 24
| |||
|
A.
|
Conservation plans (See Appendix)
| ||
|
Extent of conservation plan
|
Score
| ||
|
Conservation plan fully implemented or conservation practices
used to the fullest extent necessary
|
8
| ||
|
Conservation plan partially implemented or some practices used
|
4
| ||
|
B.
|
Farming activity
| ||
|
Owner Involvement
|
Score
| ||
|
Owner and employees generate all gross farming revenue from
the site
|
4
| ||
|
Owner and employees generate at least 50% of gross farming revenue
from the site
|
2
| ||
|
Less than 50% of gross farming revenue from the site is by owner
and employees
|
1
| ||
|
C.
|
Commitment to farming (See Appendix)
| ||
|
Indicator
|
Score
| ||
|
Farm is enrolled in P.A. 116 (MCL 324.36101 et seq.) and land
has been in the same ownership for 50 years
|
10
| ||
|
Enrolled in P.A. 116 (MCL 324.36101 et seq.) or in the same
ownership for 50 years
|
6
| ||
|
D.
|
Ownership succession plans (See Appendix)
| ||
|
Plans
|
Score
| ||
|
Projected change within 5 years
|
2
| ||
|
Projected change within 5 to 10 years
|
1
| ||
|
Part III
Pressure for Conversion to Nonfarm Use
| |||
|
Maximum Points = 12
| |||
|
A.
|
Amount of road frontage
| ||
|
Length
|
Score
| ||
|
1,000 feet or more
|
4
| ||
|
501 to 999 feet
|
2
| ||
|
B.
|
Percentage of site containing steep slopes (See Appendix)
| ||
|
Percentage
|
Score
| ||
|
0% to 9.9%
|
4
| ||
|
10% to 19.9%
|
2
| ||
|
C.
|
Proportion of wetlands and/or floodplain
| ||
|
Wetlands/Floodplain
|
Score
| ||
|
0% to 9.9%
|
4
| ||
|
10% to 39.9%
|
2
| ||
|
Part IV
Long-Range Planning Considerations
| |||
|
Maximum Points = 32
| |||
|
A.
|
Current adjacent zoning classification
| ||
|
Percent of Perimeter in Agricultural Zoning
|
Score
| ||
|
90% or more
|
5
| ||
|
75% to 89%
|
3
| ||
|
50% to 74%
|
2
| ||
|
25% to 49%
|
1
| ||
|
B.
|
Current adjacent land use
| ||
|
Percent of Perimeter in Agricultural Use
|
Score
| ||
|
90% or more
|
5
| ||
|
75% to 89%
|
3
| ||
|
50% to 74%
|
2
| ||
|
25% to 49%
|
1
| ||
|
C.
|
Current adjacent enrollment in P.A. 116 (See Appendix)
| ||
|
Percent of Perimeter in P.A. 116
|
Score
| ||
|
90% or more
|
5
| ||
|
75% to 89%
|
3
| ||
|
50% to 74%
|
2
| ||
|
25% to 49%
|
1
| ||
|
D.
|
Proximity to sewer and water lines
| ||
|
Distance
|
Score
| ||
|
1/2 mile or closer
|
5
| ||
|
Over 2 miles to 1 mile
|
2
| ||
|
E.
|
Scenic, historical or architectural features (See Appendix)
| ||
|
Features
|
Score
| ||
|
Farm site provides a vista and has unique historical or architectural
structures
|
4
| ||
|
Farm site has a vista or unique historical or architectural
structures
|
2
| ||
|
F.
|
Natural features
| ||
|
Features
|
Score
| ||
|
Stream corridors, woodlots or rare species present
|
4
| ||
|
G.
|
Groundwater recharge area
| ||
|
Percent of Property Serving as Groundwater Recharge
|
Score
| ||
|
50% to 100%
|
4
| ||
|
10% to 49%
|
2
| ||
|
Part V
Tiebreakers
| |||
|
Maximum Points = 10
| |||
|
A.
|
Ability to attract matching funds (See Appendix)
| ||
|
Funds Availability
|
Score
| ||
|
Matching funds are available
|
5
| ||
|
B.
|
Owner willingness to accept less than market value (See Appendix)
| ||
|
Owner Willingness
|
Score
| ||
|
Owner willing to accept below-market offer
|
5
| ||
[1]
Editor's Note: The Appendix is included as an attachment to this chapter.
The Board of Trustees shall determine the selection of eligible
lands on which development rights are offered for acquisition by their
owners. Selection of eligible lands shall be made by a two-thirds
majority of the Board of Trustees. The Board of Trustees shall conduct
a voluntary property selection process (herein called the "selection
round") generally as follows:
A.Â
In each selection round the development rights on all eligible applicant
properties shall be evaluated for purchase. In all selection rounds,
properties of higher priority shall be purchased with available funds
before properties of lower priority are purchased, provided:
(1)Â
The Board of Trustees may negotiate for a lower price and/or seek
outside funding for the purchase of development rights on any parcel
offered.
(2)Â
In the interest of protecting a significant amount of agricultural
land, the Board of Trustees may determine not to buy all or any of
the development rights on a particular parcel if the Board of Trustees
makes a finding that it is in the best interest of the program to
protect a larger number of acres rather than a smaller number of acres
of higher valued development rights.
(3)Â
The Board of Trustees may receive and act on appeals of any factual
nature by affected property owners.
B.Â
The Board of Trustees shall begin each selection round by giving
notice in one newspaper of general circulation in the Township or
by any manner of publication of notices authorized by statute. The
notice shall describe the properties eligible for purchase in the
selection round; the general procedure to be followed in the selection
process (including an estimated time schedule for the steps in the
process); and shall invite the owners of such properties to make application
for purchase of development rights by the Township and to describe
the property interest which the owner is willing to sell, including
any residential development rights to be retained by the owner. Applications
shall be submitted to a location to be specified by the Board of Trustees
and stamped with the date of receipt.
C.Â
Upon closing of the application period, the Board of Trustees shall
review each application which has been received to determine the eligibility
and priority classification of each property interest and to verify
ownership by tax records.
D.Â
For those properties which meet the requirements of § 39-5, the Board of Trustees shall cause an appraisal of the applicant's property interest to be made. A "before and after" appraisal shall be made to determine the value of development rights. One appraisal shall determine the fair market value of full ownership of the land (excluding buildings thereon), and one shall determine the fair market value of the agricultural rights plus any specifically retained residential development rights.
E.Â
Appraisals shall be made by state certified appraisers selected by
the Board of Trustees. The selected appraiser shall not have a property
interest, personal interest or financial interest in eligible lands.
The same appraiser shall conduct the before and after appraisals.
F.Â
Appraisals shall be in writing and shall be furnished to the respective
owners for review. Errors of fact in any appraisal may be called to
the attention of the appraiser by the Board of Trustees or by owners
of the property appraised, but corrections of the appraisal may be
made only by the appraiser. If an owner of property believes it has
not been adequately appraised, such owner may, within the time allowed
on the selection schedule, have a review appraisal be made at the
owner's expense by a state certified appraiser. The appraisal
shall then be filed with the Board of Trustees. The Board of Trustees
shall use both appraisals to reach an agreement as to the appropriate
value of the development rights.
G.Â
Terms and conditions of sale and information on the effect of the
sale may be discussed by the Board of Trustees with owners prior to
the submission of written applications.
H.Â
Written applications by owners who desire to have their development
rights purchased by the Township shall be submitted on forms provided
by the Township. These written offers shall include any development
options desired to be retained by the owners.
I.Â
After reviewing the applications, the Board of Trustees shall take
final action on such applications.
J.Â
Once selection of a property for the purchase of development rights
has been completed by the Board of Trustees, the Township shall draft
a baseline documentation report describing, through photos, graphics,
and narrative, the condition of the property at the time of the purchase
and recording of the development rights easement. The baseline report
shall contain a signature page for the owner and the Supervisor to
sign attesting that the report is an accurate description of the property.
The actual easement shall feature a similar page for the notarized
signatures of the owner and Supervisor, and shall be recorded with
the county register of deeds.
K.Â
Upon the completion of a purchase of development rights transaction,
the Township Assessor will be notified of the development rights purchase.
A.Â
Development rights acquired pursuant to this chapter shall be held in trust by the Township for the benefit of its citizens in perpetuity, provided that, if the Board of Trustees shall find that, after 25 years having passed since the acquisition of development rights on a property, farmland and open space land described in this chapter can no longer reasonably be used for agricultural use or has lost its open space character as to any interest in land acquired, by virtue of a stringent procedure that shall be developed by the Township, those development rights may be returned to the owner, subject to conditions set forth in Subsection B. The owner shall pay the fair market value of those rights at the time of their return, as determined by a state certified appraiser. Proceeds of such disposition shall only be used for the acquisition of interests in eligible lands as provided in this chapter. A before and after appraisal shall be made to determine the value of development rights, and the Board of Trustees shall not sell the development rights for an amount less than the appraised value of the development rights as follows:
(1)Â
One appraisal shall determine the fair market value of full ownership
of the land (excluding buildings thereon), and one shall determine
the fair market value of the agricultural rights plus any retained
development rights.
(2)Â
Appraisals of the fair market value of full ownership or of a property
interest other than development rights shall be made by state certified
appraisers selected by the Township.
(3)Â
The selected appraiser shall not have a property interest, personal
interest or financial interest in eligible lands.
(4)Â
The Board of Trustees shall take final action on such appraisals.
B.Â
If the Board of Trustees approves a request that farmland and open
space land described in this chapter can no longer reasonably be used
for agricultural use or has lost its open space character, the Township
shall have a right of first refusal to purchase the remaining rights
at the fair market value of the agricultural rights plus any retained
development rights, as determined by a state certified appraiser,
for the purposes of a Township park or other publicly accessible property.
Acquisition of lands for public purposes shall be made with funds
designated for such purchases and not with funds authorized for development
rights acquisition pursuant to this chapter.
C.Â
The Township may convey development rights acquired pursuant to this
chapter to a conservation, open space preservation, historic preservation
or similar organization under terms ensuring that the public benefits
for which the Township purchased the development rights will be maintained.
The costs of appraisal, engineering, surveying, planning, and
financial, legal and other services lawfully incurred incident to
the acquisition of interests in eligible lands by the Township shall
be paid by the Township. The Township shall not be responsible for
expenses incurred by the owner incident to this transaction.
Supplemental or matching funds from other governmental agencies
or private sources may become available to pay a portion of the cost
of acquiring development rights, or some lesser interest in eligible
lands or to supplement or enlarge such acquisition. The Board of Trustees
is hereby authorized to utilize such funds to purchase interests in
eligible lands or to otherwise supplement Township funds in the manner
provided by this chapter and in accordance with the applicable laws
or terms governing such grant.
The Board of Trustees finds and declares that the use of Township
funds for the purpose of paying in whole or in part the cost of acquisition
of interests in eligible lands as set forth herein, including any
costs necessarily incident to such acquisition, and the monitoring
and enforcement of development rights easements, or to participation
with any party for such purposes will promote the public health, safety
and general welfare of the people of the Township.
A.Â
The revenues for purchasing development rights on farmland and open
space land shall be placed in a designated development rights acquisition
fund to be hereafter created in the office of the Treasurer of the
Township (hereinafter "acquisition fund"). Money in such acquisition
fund may be temporarily deposited in such institutions or invested
in such obligations as may be lawful for the investment of Township
money.
B.Â
The revenues and any interest received from the deposit or investment
of such revenues shall be applied and used solely for the purposes
set forth in this chapter.
