The Board of Trustees finds that:
A. 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. 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. 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. 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. 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. 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. 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. 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. 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. The acquisition of interests in farmland and open space lands as
provided in this chapter is a public purpose of the Township.
K. 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:
AGRICULTURAL RIGHTS
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.
AGRICULTURAL USE
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.
DEVELOPMENT
An activity which materially alters or affects the existing
conditions or use of any land.
DEVELOPMENT RIGHTS
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.
DEVELOPMENT RIGHTS EASEMENT
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.
ELIGIBLE LAND
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.
FARMLAND AND OPEN SPACE LAND
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.
GOVERNMENTAL AGENCY
The United States or any agency thereof, the state or any
agency thereof or any township, city or municipal corporation.
OFFICIAL LARGE-SCALE MAPS
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.
OPEN SPACE CHARACTER
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.
OWNER
The party or parties having the fee simple interest in land.
PARCEL
All property under a single ownership that is included in
the application.
PERMITTED USE
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.
RESIDENTIAL DEVELOPMENT RIGHTS
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.
SUBSTANTIALLY UNDEVELOPED LAND
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.
SUPERVISOR
The Pittsfield Charter Township Supervisor.
VALUE OF DEVELOPMENT RIGHTS
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.
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. 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) 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) 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) The Board of Trustees may receive and act on appeals of any factual
nature by affected property owners.
B. 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. 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. 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. 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. 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. 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. 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. After reviewing the applications, the Board of Trustees shall take
final action on such applications.
J. 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. Upon the completion of a purchase of development rights transaction,
the Township Assessor will be notified of the development rights purchase.
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.