[HISTORY: Adopted by the Harford County Council
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Tax credit for agricultural preservation — See Ch. 123.
[Adopted by Bill No. 90-26]
As used in this Article, the following words
have the meanings indicated:
An owner who applies to sell an easement to the Foundation.
The Department of Planning and Zoning.
An encumbrance on land which restricts the owner's rights
to develop or otherwise use the land for other than an agricultural
use.
The Maryland Agricultural Land Preservation Foundation.
A person with legal title to a parcel of land. "Owner" includes
a successor in interest.
The supplemental payment program established by this Article.
There is a county supplemental payment program
for owners who sell easements to the Foundation.
A.
The Department shall adopt regulations that establish:
A.
Unless the owner gives written notice to the Department
that the owner does not wish to participate in the program, an owner's
application to sell an easement to the Foundation constitutes an application
to participate in the program.
B.
Not later than forty-five (45) calendar days after
an applicant receives an offer from the Foundation to purchase an
easement, the Department shall give the applicant written notification
of the amount of the supplemental payment to be made to the applicant.
C.
If the applicant sells an easement to the Foundation
and if funds for the program are available, the county shall pay the
applicant the amount of the supplemental payment, as determined by
the regulations adopted under this Article. Acceptance of the supplemental
payment constitutes sale by the applicant of an easement to the county,
subordinate to the easement held by the Foundation.
D.
At the time of settlement of a payment under the program,
the owner and the county may agree on either a lump-sum payment or
a schedule of payments over a period of up to ten (10) years.
E.
If a schedule of payments is agreed upon, the Treasurer
shall retain in a separate account an amount sufficient to pay the
owner according to the schedule.
The county shall record an easement, at county
expense, on land for which payment is made under the program.
A.
An owner who has received payment under the program
and who has requested that the Foundation approve termination of an
easement shall file a copy of the request with the Department.
B.
Approval by the County Council of a request to terminate
an easement under the Agriculture Article, § 2-514, of the
Annotated Code of Maryland, constitutes approval to withdraw from
the program.
C.
If withdrawal from the program is approved, the owner
shall repurchase the easement from the county by paying an amount
equal to the total payment the owner received under the program, plus
interest. The interest rate used to calculate the amount of interest
shall be the same as the current redemption rate established by or
under the authority of the Tax-Property Article, § 14-208,
of the Annotated Code of Maryland.
D.
Upon repurchase of the easement by the owner, the
county shall reconvey and release its easement to the owner.
An owner who receives a partial release of or
exclusion from an easement under the Agriculture Article, § 2-513,
of the Annotated Code of Maryland may receive a partial release of
or exclusion from the County's easement on the same land, to the same
extent as the release or exclusion from the Foundation, upon payment
to the County for the portion released or excluded at the price per
acre that the County paid under the program for the easement.
[Added by Bill No. 91-80]
A.
The County is authorized to purchase development rights
from land owners who are in an Agriculture Preservation District and
have offered during the first cycle of 1991 their development rights
for sale to the state.
B.
Funds for the purchase of these development rights
shall be committed or expended by June 30, 1992.
C.
The priority ranking for the purchase of development
rights shall be the point rating system currently utilized by the
Harford County Agricultural Land Preservation Advisory Board.
[Adopted by Bill No. 93-2; amended in its
entirety by Bill No. 07-05]
The purpose of the Harford County Agricultural Land Preservation
Program is to preserve productive agricultural land and woodland which
provides for the continued production of food, fiber, and forest products
for all citizens of the County and for future generations in exchange
for equity paid to landowners for preserving their land. Secondarily,
citizens Countywide benefit from the program with a permanent solution
to suburban sprawl; by protecting open space, wetland, stream and
river buffers, aquifer recharge areas, forest canopy, wildlife and
habitat corridors; and limiting the need for community services such
as additional schools, police, library and other services that would
be required if these lands were developed. This program is to be administered
by the Department of Planning and Zoning and the Harford County Agricultural
Land Preservation Advisory Board. Land within incorporated municipalities
shall not be eligible for this program.
The program focuses on the purchasing of development potential, from agricultural landowners and retiring that potential in perpetuity. If the development potential is purchased by the program, an easement is placed on the property. Under this easement, all future residential subdivision of the property is restricted except for owner/child lots or as otherwise permitted under this program. Additionally, future residential, commercial, industrial, and institutional uses are restricted by the easement except those associated with an agricultural use and as permitted by Section 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended. This is a voluntary program that permits any owner of agricultural land which meets the minimum qualifying criteria listed in Section 60-12 of this article to apply to sell their development potential.
This program also allows any owner of agricultural land which meets the minimum qualifying criteria listed in Section 60-12 of this article to apply to donate their development potential and have an easement placed on their property under the same terms and provisions contained in this article.
[1]
Editor's Note: This bill also amended the title of this article
from "Agricultural Land Preservation and Purchase of Development Rights
Program" to "Agricultural Land Preservation Program."
[Amended by Bill Nos. 11-07; 24-002]
As used in this article, the following words have the meanings
indicated:
Land with a primarily agricultural use, including woodland.
Any property zoned other than AG (Agricultural) that enters
into an easement under this program shall be subject to all laws applicable
to AG (Agricultural) zoned properties until the next comprehensive
zoning review, during which said property shall be rezoned to AG (Agricultural)
at the request of the County.
A minimum 5 year conservation easement in which no monetary
value has been exchanged for its placement on the land.
Any use of land which directly contributes to the production,
processing or storage of agricultural products as defined by the United
States Department of Agriculture, including uses currently permitted
within the Agricultural District of the Harford County Zoning Code
that are directly related to agricultural activities.
A factor utilized in the valuation worksheet to convert the
valuation number to a dollar value.
Natural or adopted child of the landowner.
A lot of 2 acres or less, designed for the exclusive residential
use of a child of the landowner of record at the time the deed of
easement is recorded.
An offer made in writing, from the County to the applicant
of record, specifying the ranking of the property and monetary value
being offered for the proposed easement.
The number of dwelling units permitted per acre of land remaining
on the property as verified by the Department of Planning & Zoning.
The ability to convert land to any non-agricultural use,
in accordance with the Zoning Code, beyond the uses existing at the
time the County makes an offer to purchase an easement. Development
potential includes, but is not limited to, development rights, family
conveyances, density, commercial, industrial, and institutional development.
The ability to create a residential lot as permitted under
the existing agricultural zoning classification.
An encumbrance upon the land which restricts the owner's
rights to develop or otherwise use the land for purposes other than
agricultural uses.
The criteria used to rank applications submitted to the Agricultural
Land Preservation Program.
A permitted lot for any member of the immediate family of
the owner of record as of February 8, 1977. Immediate family shall
be limited to fathers, mothers, brothers, sisters, sons, and daughters.
Value of the easement offered to a landowner which shall
be the lesser of the three value calculations including the formula
value, residential density value cap, per acre value cap.
The total valuation number multiplied by the base multiplier
to establish a price per acre as derived from the valuation worksheet.
A 5 member board appointed by the County Executive and confirmed
by the County Council.
An association or other legal entity comprised of owners
of land or dwellings, organized to own, operate or maintain open space
or facilities used in common by such owners.
A written agreement between Harford County and the landowner
of record at the time of easement sale that pays the landowner over
a 10, 20, or 30 year time frame, as agreed upon by the County and
landowner, for the placement of a conservation easement on their property.
An individual(s) who is the owner of record of property located
in Harford County at the time the deed of easement is recorded. If
the owner of record at the time the deed of easement is recorded is
not an individual, then the Department shall specify in the deed of
easement the individual(s) who have the right to create an owner's
lot or child's lot hereunder.
A one-time cash incentive payment paid to the landowner at
the time of settlement, as defined under Section 60-12.N hereof.
A perennial stream with a drainage area of more than 400
acres, as depicted on the Harford County Hydrology/Drainage Area Map.
A perennial or intermittent stream as defined by the Zoning
Code of Harford County with a drainage area of less than 400 acres.
A lot of 2 acres or less, designated for the exclusive residential
use of the landowner of record at the time the deed of easement is
recorded.
An amount that is established by the Department of Planning
and Zoning with the advice of the Harford County Agricultural Land
Preservation Advisory Board as the per acre value not to be exceeded
in any easement agreement.
The acquiring of property, and title thereto or interest
therein, in exchange for money, or the acceptance of a donation of
property, and title thereto and interest therein, for no consideration.
The actual easement value paid to the landowner based on
the number of development rights or density, as appropriate, associated
with the property, including family conveyance lots.
The transfer of property, and title thereto or interest therein,
for a sum of money, or the acceptance of a donation of property, and
title thereto and interest therein, for no consideration.
A state of financial peril of a landowner, whether caused
by a natural disaster, the disability of the landowner or some other
occurrence. Severe economic hardship can be evidenced by bankruptcy
proceedings or other documentation.
A federal, state and county funded organization in Harford
County developed to conserve and protect soil and water quality.
The act of dividing property into smaller portions through
the County residential subdivision process as provided for in Section
2.59 of the Subdivision Regulations, as amended.
A legal metes and bounds description of acreage along with
a recordable plat of the entire property entering into the easement
program, showing all easement encroachments, driveways, streams, buildings,
dwellings, fence lines and the demarcation of wood lines, performed
by a licensed surveyor in the State of Maryland. It shall include
exceptions to any commitment for title insurance unless waived by
the Department of Planning and Zoning, and the survey should be in
such form and substance so that there is no survey exception to the
title commitment or title insurance policy.
A dwelling unit located on agricultural property that is
used either for occupancy by immediate members of the family owning
or operating the agricultural use or by employees engaged in agricultural
activities on the property.
Point system score calculated on the valuation worksheet
for each applicant to derive an easement value using such factors
as property size, soil quality, development potential, applied practices,
and natural features.
A biological community dominated by trees and other woody
plants covering a land area of 1 acre or more.
A.
The County Executive shall appoint an Agricultural
Land Preservation Advisory Board, who is confirmed by the County Council.
The Agricultural Land Preservation Advisory Board shall consist of
5 members, at least 3 of whom shall be owner-operators of farms who
earn 50% or more of their income from farming.
B.
Each member of the Agricultural Land Preservation
Advisory Board shall be appointed for a 5 year term of office.
C.
No member shall serve for more than 2 consecutive
full terms. Appointment to fill a vacancy shall be for the remainder
of the unexpired term.
D.
The Chairman of the Agricultural Land Preservation
Advisory Board shall be appointed by the County Executive.
E.
The Agricultural Land Preservation Advisory Board
shall have the following responsibilities to the County Agricultural
Land Preservation Program:
[Amended by Bill Nos. 10-23; 24-002]
(1)
To advise the County with respect to the establishment of agricultural
preservation districts and the purchases of easements by the County.
(2)
To assist the County in reviewing the status of agricultural preservation
districts and easements.
(3)
To advise the County concerning priorities for agricultural land
preservation and to assist the County in development criteria for
evaluating agricultural land applying to the Program.
(4)
To promote the preservation of agricultural land within the County
by offering information and assistance to farmers with respect to
the establishment of agricultural preservation districts and the purchase
of easements.
(5)
To advise the County in review and approval of various requests as
allowed by the conservation easements and districts in such matters
as owner/child lots, allowed uses, etc.
(6)
To work with the Maryland Environmental Trust to promote the Trust
in the County and to solicit donations to the Trust of conservation
easements on land that meets the Trust's criteria.
[Amended by Bill Nos. 12-45; 17-005; 20-008; 24-002]
A.
Conditions for establishment. A landowner participating in the Harford
County Agricultural Land Preservation Program agrees:
(1)
To maintain the land in agricultural use or in a properly managed
state so that it is available for continued agricultural use from
the date that the easement is recorded in the land records of Harford
County.
(2)
To not allow any subdivision of the land, other than that outlined
in the easement as owner/child lots or as otherwise permitted by this
program.
(3)
To not allow any commercial, industrial, or institutional uses, other than those associated with an agricultural use, as defined in Section 267-4 (Definitions) of the Harford County Zoning Code, as amended and as permitted by Section 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended.
(4)
Prior to settlement, to consolidate all parcels and/or lots included
within the easement subject to purchase.
(5)
To implement and maintain a soil and water conservation plan as prepared by the Soil Conservation District, except when the land is substantially wooded, in which case, the inclusion of land in the agricultural preservation easement shall be subject to Section 60-12A(8).
(6)
To establish an easement on the property which creates an encumbrance
upon the lands and binds future owners, heirs, successors or assigns
and which precludes the utilization of the land for non-agriculturally
related uses. Any agricultural uses currently permitted would be allowed
to continue under the agreement. The easement agreement shall not
provide for public access to any privately owned land.
(7)
That construction of new buildings or structures on the land, other
than farm buildings, that did not exist at the time of district or
easement establishment is contingent upon the written application
and approval by the Department of Planning and Zoning, subject to
review by and recommendation of the Agricultural Land Preservation
Advisory Board.
(8)
For those landowners whose property contains 10 or more acres of
contiguous woodlands, the landowner shall maintain a Forest Stewardship
Plan prepared by a licensed forester.
B.
Use criteria. Properties qualified for the program shall consist
of land which is either used primarily for the production of food,
fiber or forest products or is of such open space character and productive
capacity that continued agricultural production is feasible.
C.
Size criteria. The County may not purchase an agricultural preservation
easement of less than 20 acres from a landowner unless:
(1)
It is contiguous to an easement that is 20 acres or greater; or
(2)
The landowners on the adjoining property(s), which are less than
20 acres but total at least 20 acres, apply and accept the County's
offer to purchase an easement; or
(3)
The property is contiguous with at least 20 acres of land owned by
a county, state or federal government agency that is compatible with
agriculture.
D.
Soil Criteria.
(1)
At least 50% of the land area proposed for preservation, less the
acreage contained within the 100 year floodplain as delineated on
the Flood Hazard Boundary Maps, produced by the Federal Emergency
Management Administration and state or federal designated wetlands,
shall consist of U.S.D.A Soil Capability Classes I, II or III on cropland
and Pasture or Woodland Groups 1 and 2 on woodland areas.
(2)
Exceptions to the soil criteria noted above include areas of existing,
extensive, specialized production, including but not limited to, dairying,
livestock, poultry, turf, nursery, horse, forest products, fruit or
berry production as recommended by the Agricultural Land Preservation
Advisory Board.
E.
Ownership criteria. The County shall not purchase easements on land
owned by a homeowners' association or a public utility.
F.
Development potential criteria. The County shall not purchase easements
on land that is designated as open space or otherwise lacks development
potential. Landowners must demonstrate the development potential of
such landowner's property, and that such development potential
complies with all federal, state and County laws to achieve said potential.
Such determination shall be made at the discretion of the Director
of Planning and Zoning, and upon the review and recommendation of
the Agricultural Land Preservation Advisory Board.
G.
Permitted uses. Properties zoned other than AG (Agricultural) at
the time of easement settlement will be treated as an agricultural
overlay district. A landowner whose land is in the Harford County
Agricultural Land Preservation Program shall be permitted to:
(1)
Use the land for any agricultural use as defined herein and as permitted in the Harford County Zoning Code, including those permitted in Section 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended.
(2)
Maintain the land for future agricultural use.
(3)
Operate at any time machinery used in agricultural production or
the primary processing of agricultural products. Such operations shall
not be considered a nuisance, either public or private, as a result
of changed land uses in and around the preserved property.
(4)
Employ normal agricultural activities and operations in accordance
with good husbandry and agronomic practices.
(5)
Sell agricultural products as is permitted under the Harford County
Code.
H.
Exclusion of lots under easement.
(1)
Owner's lot. The landowner of record at the time of easement
sale may, at any time after the easement sale, request the exclusion
of 2 acres or less for the exclusive residential use of that landowner.
A letter must be provided to the Department of Planning and Zoning
requesting this exclusion and verifying the owner's intention
to live in this dwelling. This request is subject to review and recommendation
by the Agricultural Land Preservation Advisory Board. In addition,
the initial building permit and the initial certificate of occupancy
shall be in the landowner's name. The owner's lot may not
be sold or transferred for a period of 5 years from the date of issuance
of the initial certificate of occupancy except in the event of the
death or legal incompetence of the landowner or if the lot is part
of bankruptcy proceedings; or with the approval of the Department
of Planning and Zoning, subject to review and recommendation of the
Agricultural Land Preservation Advisory Board.
(2)
Child's lot. The landowner of record at the time of the easement
sale may, at any time after the easement sale, request the exclusion
of 2 acres or less for the exclusive residential use of the child.
A letter must be provided to the Department of Planning and Zoning
from both the landowner and the child requesting this exclusion and
verifying that it is the intention of the child to live in this dwelling.
This request is subject to review and recommendation by the Agricultural
Land Preservation Advisory Board. In addition, the initial building
permit and the initial certificate of occupancy shall be in the child's
name. The child lot may not be sold or transferred for a period of
5 years from the date of issuance of the initial certificate of occupancy
except in the event of the death or legal incompetence of the child
or if the lot is part of bankruptcy proceedings; or with the approval
of the Department of Planning and Zoning, subject to review and recommendation
of the Agricultural Land Preservation Advisory Board.
(3)
Number of permitted lots. The total number of lot exclusions may
not exceed 1 dwelling unit per 25 acres or 4 lots per easement property,
whichever is less. Lots shall not exceed 2 acres in size and shall
include all County right-of-way requirements. The inclusion of County
right-of-way requirements in the lot size calculation may be waived
by the Director of Planning and Zoning for good cause shown, with
the review and recommendation of the Agricultural Land Preservation
Advisory Board. The total number of lot exclusions shall never be
more than the development rights or density purchased by the County
from the landowner of record at the time of easement sale. All costs
associated with the establishment of the lot(s) shall be paid by the
landowner. In addition, any landowner of an easement requesting a
lot exclusion shall be required to repay the County for the lot excluded.
This repayment shall be equal to the amount paid per acre by the County.
I.
Tenant houses. The landowner may request in writing a tenant house in accordance with conditions established in Section 267-27D(5) of the Harford County Zoning Code, as amended. This request shall be submitted to the Department of Planning and Zoning. Prior to a decision by the Department, the request will be subject to the review and recommendation of the Agricultural Land Preservation Advisory Board, who will consider the documented need for such a structure. The tenant house may not be subdivided off the property contained in the easement.
J.
Application to sell development potential.
(1)
The owner of agricultural land meeting the criteria for participating
in this program may, by written application, offer to sell to the
County an easement on the entire contiguous acreage of the agricultural
land, saving and excepting therefrom any property used for nonagricultural
purposes existing at the time of application.
(2)
For each parcel being offered, the applicant shall include a general
description of the parcel, including acreage and the current use of
the land, and this shall be accompanied by a map or plat for each
subject parcel at a scale no smaller than 1 inch equals 600 feet.
In addition, a certified copy of the soil conservation plan, made
or revised within 10 years of the date of the application, shall be
provided. This plan shall list soil conservation and water quality
problem areas on the land. The application form shall be publicly
available and on file with the Department of Planning and Zoning.
(3)
All applications to sell development potential to the County shall
be submitted to the Department of Planning and Zoning by May 1st.
Within 30 calendar days after this deadline, the Department shall
forward all applications to sell development potential to the Agricultural
Land Preservation Advisory Board for its review.
(4)
Each application shall be reviewed and ranked by the Agricultural
Land Preservation Advisory Board in accordance with the County's
Easement Priority Ranking System (EPR). All applications will be ranked
first to last with the first application being the application with
the highest EPR score. A final easement offer will then be determined
for each application.
K.
Easement priority ranking system (total number of possible points
335).
The easement priority ranking system ("EPR") shall include quantifiable
evaluation of soil productivity, land features and size, development
potential and location, and other related criteria.
|
(1)
|
Soil Productivity & Site Index Score (maximum 100
points)
|
=_____ /100 PTS.
|
|
(2)
|
Farm & Forest Capability (maximum 50 points)
| |
|
(a)
|
Cropland and pasture
| |
|
80% - 100%
|
=_____/25 PTS.
| |
|
60% - 79%
|
=_____/20 PTS.
| |
|
40% - 59%
|
=_____/15 PTS.
| |
|
20% - 39%
|
=_____/10 PTS.
| |
|
Less than 20%
|
=_____/5 PTS.
| |
|
(b)
|
Forest and tree cover
| |
|
Over 50 acres
|
=_____/25 PTS.
| |
|
35 - 50 acres
|
=_____/20 PTS.
| |
|
20 - 35 acres
|
=_____/15 PTS.
| |
|
10 - 20 acres
|
=_____/10 PTS.
| |
|
5 - 10 acres
|
=_____/5 PTS.
| |
|
(3)
|
Land Use Compatibility (maximum 120 points)
| |
|
(a)
|
Development factors
| |
|
Number of developments rights, family conveyances,
and/or density remaining on the property (minus 1 for main dwelling)
(maximum 30 points)
| ||
|
*Commercial zoned properties receive 30 points
| ||
|
16 or more
|
=_____/30 PTS.
| |
|
11 to 15
|
=_____/25 PTS.
| |
|
7 to 10
|
=_____/20 PTS.
| |
|
3 to 6
|
=_____/15 PTS.
| |
|
Less than 3
|
=_____/10 PTS.
| |
|
(b)
|
Proximity to priority areas (maximum 30 points)
| |
|
Within a priority preservation area
|
=_____/25 PTS.
| |
|
Within 1 mile or inside the development envelope
|
=_____/20 PTS.
| |
|
Within a designated rural legacy area
|
=_____/15 PTS.
| |
|
Within or adjacent to a rural village
|
=_____/10 PTS.
| |
|
Within or adjacent to non-AG zoning
|
=_____/5 PTS.
| |
|
(c)
|
Property size (maximum 30 points)
| |
|
Greater than 200 acres
|
=_____/30 PTS.
| |
|
100 to 199 acres
|
=_____/20 PTS.
| |
|
50 to 99 acres
|
=_____/10 PTS.
| |
|
20 to 49 acres
|
=_____/5 PTS.
| |
|
Within development envelope (any size)
|
=_____/10 PTS.
| |
|
(d)
|
Protected land contiguous to site (maximum 30 points)
| |
|
Site is contiguous to land which is protected by
a recorded conservation easement
|
=_____/15 PTS.
| |
|
Site is contiguous to federal, state or County owned
land
|
=_____/10 PTS.
| |
|
Site is contiguous to in-term protected land district
|
=_____/5 PTS.
| |
|
(4)
|
Agricultural & Natural Resource Features (maximum
65 points)
| |
|
(a)
|
Current Soil Conservation Plan approved by the District
or current Forest Stewardship Plan prepared by a Maryland licensed
forester. Landowner must supply a copy (maximum 10 points)
| |
|
Meets current requirements and practices applied
|
=_____/10 PTS.
| |
|
Updated within 10 years and practices partially
applied
|
=_____/5 PTS.
| |
|
No current plans
|
=_____/0 PTS.
| |
|
(b)
|
Land management of properties assessed Agricultural
per SDAT (maximum 10 points)
| |
|
Fulltime owner/operator of an agricultural operation
|
=_____/10 PTS.
| |
|
Part-time owner/operator or land rented by full-time
farmer
|
=_____/5 PTS.
| |
|
Assessment other than agricultural
|
=_____/0 PTS.
| |
|
(c)
|
Forest habitat connectivity/green infrastructure
(maximum 15 points)
| |
|
(Per Harford County Green Infrastructure Plan)
|
=_____/15 PTS.
| |
|
Core area(s) of at least 1 acre present on the property
|
=_____/10 PTS.
| |
|
Hub area(s) of at least 1 acre present on the property
|
=_____/5 PTS.
| |
|
Corridor area(s) of at least 1 acre present on the
property
|
=_____/0 PTS.
| |
|
No mapped features present on the property
| ||
|
(d)
|
Water quality benefits (maximum 15 points)
| |
|
Frontage on major stream, river or bay (at least
100')
|
=_____/15 PTS.
| |
|
Frontage on a minor stream (at least 300')
and/or wetlands present on the property
|
=_____/10 PTS.
| |
|
Stream frontage less than those listed above, or
within 1/2 mile of a major stream
|
=_____/5 PTS.
| |
|
No mapped features present on the property
|
=_____/0 PTS.
| |
|
(e)
|
Special conditions (maximum of 15 point sliding
scale)
| |
|
Examples: High-value property, high risk of loss,
significance of AG operation, young/beginning operator, other: __________
|
=_____/PTS.
|
L.
Value of easement.
(1)
The valuation worksheet shall include quantifiable evaluation of
density or development potential and location, productivity features
and size, natural resource features, and other related criteria, but
not its underlying zoning classification.
(3)
The
base multiplier value, the residential density value cap, and the
per acre value cap shall be reviewed by the Agricultural Land Preservation
Advisory Board every 6 months taking into consideration market conditions,
funding and demand. Upon the recommendation of the Agricultural Land
Preservation Advisory Board, the Department of Planning and Zoning
shall establish a base multiplier value, a per acre value cap and
a residential density value cap that the County is willing to pay
a landowner.
M.
Valuation worksheet.
|
Base Value for Farm
|
+ 100
| ||
|
Size (Acreage - Existing Non-Agricultural Uses/10)
| |||
|
(1% of base for every 10 acres)
|
+_____
| ||
|
Available Residential Density Units Including Family Conveyances
| |||
|
Residential density units -1 for main dwelling x 6% of base
(max. of 1000)
|
+_____
| ||
|
Non-AG or residential zoned area acres x 12% of base (max. of
1000)
|
+_____
| ||
|
Natural Resources
| |||
|
Average crop & forest productivity (LESA & Site Index
Score)
|
+_____
| ||
|
Cropland & pasture soils (soil acs. x weight/farm acs.)
x 100 based on GIS boundaries
| |||
|
Class I soils
|
_____
|
x 1.0
|
+_____
|
|
Class II soils
|
_____
|
x 0.72
|
+_____
|
|
Class III soils
|
_____
|
x 0.50
|
+_____
|
|
Class IV soils
|
_____
|
x 0.18
|
+_____
|
|
Woodland group (woodland acs. x weight/farm acs.) x 100 based
on GIS boundaries
| |||
|
Class I woodland
|
_____
|
x 1.0
|
+_____
|
|
Class II woodland
|
_____
|
x 0.72
|
+_____
|
|
Water Resources
| |||
|
(10% of base if 300-linear feet of minor streams onsite); or
(20% of base if 100-linear feet of major streams, rivers, or
bay onsite)
|
+_____
| ||
|
Land Management
| |||
|
Current Soil Conservation Plan or Forest Stewardship Plan
| |||
|
(10% of base if yes, landowner must supply a copy)
|
+_____
| ||
|
Total valuation number
|
=_____
| ||
|
Formula Value
| |||
|
Total valuation number _____
|
x base multiplier value_____
|
= price/acre
| |
|
Price/acre_____
|
x total acreage_____
|
=_____
| |
|
Per Acre Value Cap
| |||
|
Per acre value cap_____
|
x total acreage
|
=_____
| |
|
Residential Density Value Cap*
| |||
|
Residential density units permitted**
|
x value cap _____
|
+
| |
|
Residential density units not permitted**
|
x value cap _____
|
= _____
| |
|
*Only applies to agricultural & residential zoning categories
| |||
|
**Per the Maryland Sustainable Growth & Agricultural Preservation
Act of 2012
| |||
|
Location Incentive
| |||
|
Location incentive value _____
|
x total acreage
|
= _____
| |
|
Final Easement Offer
| |||
|
(Least of the above formula value, per acre value cap, or residential
density value cap + location incentive if applicable)
|
= _____
| ||
N.
Location incentive payments.
(1)
The purpose of the location incentive payments is to encourage landowners
in areas with greater development pressure to enter into the Agricultural
Land Preservation Program.
(2)
Notwithstanding anything contained herein, the applicant shall receive
a one-time cash incentive if any portion of the property subject to
the easement is located within an "agricultural preservation incentive"
area of the County. If a property is located within more than one
(1) "agricultural preservation incentive" area, then the landowner
shall only be eligible to receive one (1) incentive payment.
(3)
The agricultural preservation incentives areas will consist of the
following areas:
(a)
Within the development envelope as delineated on the land use
map contained within the Harford County Master Plan;
(b)
Within one mile of the development envelope as defined above;
(c)
All other areas within the County and outside of the priority
preservation area (PPA) as delineated by the priority preservation
area plan contained within the Harford County Master Plan; and
(d)
Outside of the development envelope, any property zoned other
than AG (Agricultural) or adjacent to a property zoned other than
AG (Agricultural).
(4)
This one-time cash incentive shall be calculated pursuant to a formula
approved by the Department of Planning and Zoning with advisement
by the Agricultural Land Preservation Advisory Board.
(5)
This one-time cash incentive shall not affect the points system or
ranking of the subject property.
O.
Offers.
(1)
After determination of the EPR score and easement value, offers will
be made to qualified applicants. The County shall make offers to applicants
a minimum of 1 time per year, subject to the availability of funds
and qualified applicants. Offers shall be made in July of each year.
The applicant with the highest EPR score should receive the first
offer, the applicant with the second highest score should receive
the second offer and so on until all funds are expended. However,
the County has the flexibility to modify this procedure if adequate
funding is not available for the next landowner in line. In this case,
the County may make an offer to the next highest score whose maximum
easement value does not exceed available funding.
(2)
The Department of Planning and Zoning will send each qualified landowner
a commitment letter stating their EPR ranking and the easement value.
All applicants must notify the Department of their intention to accept
or reject the offer, and they must specify their payment alternative.
The applicant's response must be in writing and received by the
Department within 15 days of receipt of the commitment letter.
(3)
Those applicants not receiving an offer shall automatically be considered
for the next round of easement sale offers. All offers to purchase
easements from agricultural landowners must be approved by the Harford
County Board of Estimates and the County Council. Accepted offers
shall be submitted to the County Council for their review in September
of each year. As the Harford County Agricultural Land Preservation
Program is strictly voluntary, no landowner shall be required to accept
any offer made by the County to purchase an easement nor shall the
County be required to purchase an easement on lands not meeting the
County's minimum EPR score of 150 points.
P.
Payment alternatives.
(1)
There are 2 payment options available through the Agricultural Land
Preservation Program. Installment purchase agreements (IPA) allow
landowners to receive the total value of their easement over a 10,
20 or 30 year time period as agreed upon by the County and landowner.
Landowners may also request a cash payment in which the landowner
will receive the total value of the easement at the time of settlement.
After a payment option is selected, it cannot be changed and it is
contractual with the landowner at the time of settlement.
(2)
If the landowner requests that the easement be purchased in a manner
other than through the IPA method, the County, after considering past
and future IPA obligations and considering whether funds are available,
shall offer to pay the landowner in cash for the easement. If funds
are not available for the cash purchase of the easement, the landowner
shall automatically be considered for the next round of easement sale
offers.
(3)
Once a landowner agrees to accept a County offer to purchase an easement,
a contract between the County and the individual seller will be written.
This contract will include the total amount of money that the County
has agreed to pay the landowner and sets the terms of that agreement.
Q.
Installment purchase agreement (IPA). IPAs include the total amount
of money that the County has agreed to pay the landowner and establishes
the terms of that agreement, including the fixed interest rate that
the landowner will receive as part of the annual payments. The interest
rate is determined by the strip treasury rate the day prior to settlement.
The installment purchases shall be for 10, 20 or 30 years as agreed
upon by the County and landowner, and the landowner will receive a
final balloon payment of the principal and all unpaid interest upon
the expiration of the installment pay out period. This agreement is
exempt from the provisions of Sections 9, 10 and 11 of Article 31
of the Annotated Code of Maryland.
R.
Settlement.
(1)
Settlement shall be made by the County before June 30th of the same
fiscal year in which the offer was made.
(2)
Prior to the selection of a mutually agreeable settlement date, the
County shall be in receipt of the title and title commitment from
the assigned title company, a survey provided by the landowner and
all other subordination agreements or other documentation related
to obtaining a clear title.
S.
Easement recordation. Once all necessary documents have been properly
signed, a deed of easement, restricting in perpetuity future development
on the property, shall be recorded in the Harford County land records
along with a recorded plat of the easement property. The form of the
deed of easement shall be similar to the deed of easement attached
hereto and incorporated herein by reference. All easements shall run
concurrent with the land. The County shall pay all reasonable costs
at settlement for the following: title report; title insurance; and
recordation fees, if applicable.
T.
Additions to existing easements. A landowner whose property is subject
to an easement under this section may apply to add additional land
that is contiguous to the existing easement subject to the following
conditions:
(1)
The additional land must be eligible for the Harford County Agricultural
Land Preservation Program. Upon the recommendation of the Agricultural
Land Preservation Advisory Board, the Department of Planning and Zoning
may make exceptions to the size criteria or development potential
criteria. The County shall not pay for additions to existing easements
with no development potential but may accept such additional land
as a donation;
(2)
The additional land shall be consolidated with the existing easement
parcel and may not be subdivided from the original easement property
in the future, except as otherwise permitted under this section;
(3)
The owner shall provide a legally sufficient survey of the additional
land at their expense.
(4)
An amendment to the original deed of easement shall be recorded in
the land records of Harford County;
(5)
The easement on the additional land may be donated to the program
for no monetary consideration, or the County may elect to make an
offer to purchase the easement;
(6)
Any payment for additions to existing conservation easements shall
be based on the current valuation system; and
(7)
All purchased additions to existing easements shall be approved by
the Harford County Board of Estimates and the County Council but may
occur outside of the scheduled round of offers, not subject to the
ranking criteria, if funding is available and subject to the approval
of Planning and Zoning with advisement from the Agricultural Land
Preservation Advisory Board.
U.
Agricultural subdivision. A landowner whose property is subject to
an easement under this section shall be entitled to subdivide the
property into smaller parcels subject to the following conditions:
(1)
No additional dwellings shall be permitted on parcels created through
the subdivision of the property;
(2)
All remaining parcels shall be at least 50 acres, except that parcels
of less than 50 acres may be created if combined with an adjacent
easement parcel or if approved by the Department of Planning and Zoning,
with the review and recommendation of the Agricultural Land Preservation
Advisory Board;
(3)
No tenant house shall be permitted to be subdivided from the original
property, as the property existed at the time the deed of easement
was recorded; and
(4)
The subdivision of the property will not be inconsistent with any
soil conservation or water quality plan in existence prior to the
subdivision.
V.
Boundary line adjustments. A landowner whose property is subject
to an easement under this section may request an adjustment to boundary
lines with an adjacent parcel. Boundary line adjustments with adjacent
non-easement properties require an exchange of equal acreage from
the non-easement parcel. All such requests are subject to approval
by the Director of Planning and Zoning with advisement from the Agricultural
Land Preservation Advisory Board.
W.
Reports. To aide in budget preparation for the next fiscal year,
The County Treasurer shall submit to the Agricultural Land Preservation
Advisory Board by December 1 of each year, a report detailing the
following information:
(1)
All revenues received under the transfer tax and investment income,
(2)
The revenues expended for agricultural preservation listed by payment
method to include a breakdown of all cash payments, and past fiscal
year, current fiscal year, and future committed IPA payments,
(3)
Cost incurred to administer the Agricultural Land Preservation Program
and
(4)
Remaining balance available for new easement purchases.
X.
Tax credit. Landowners may be eligible for a tax credit under Section 123-43.3.1 (Harford County agricultural preservation tax credits) of the Harford County Code, as amended.
[Amended by Bill No. 24-002]
The Harford County Agricultural Land Preservation Program also
allows a landowner the option of establishing an agricultural preservation
district. An agricultural preservation district is a minimum 5 year
agreement by the landowner not to develop their land. If a landowner
applying to establish an agricultural preservation district does not
meet the state's minimum size criteria but otherwise qualifies
for their program, the landowner may establish an agricultural preservation
district through the County program.
A.
Conditions for establishment. A landowner agrees:
(1)
To maintain the land in agricultural use or in a properly managed
state so that it is available for continued agricultural use from
the date that the district is recorded in the land records of Harford
County.
(2)
That the district agreement creates an encumbrance upon the land
and binds future owners, heirs, successors or assigns, and which precludes
the utilization of the land for non-agriculturally related uses for
a minimum of 5 years. Any agricultural uses currently permitted would
be allowed to continue under this agreement as permitted by the Harford
County Zoning Code.
(3)
That the construction of new buildings or structures on the land,
other than farm buildings, that did not exist at the time of district
establishment is contingent upon the written application and approval
of the Department of Planning and Zoning, subject to review by and
recommendation of the Agricultural Land Preservation Advisory Board.
B.
Use criteria. Property qualified for the program shall consist of
land which is either used primarily for the production of food, fiber
or forest products or is of such open space character and productive
capacity that continued agricultural production is feasible.
C.
Location criteria. To qualify for an agricultural preservation district
the property shall be zoned agricultural under the Harford County
Zoning Code.
D.
Size criteria. An agricultural preservation district shall be a minimum
of 50 contiguous acres. However, a parcel of less than 50 acres may
qualify as a district if:
(1)
It is contiguous to an easement that is 50 acres or greater; or
(2)
It adjoins a 50 acre parcel which has been approved by the County
as an agricultural preservation district; or
(3)
It has been added to one or more adjoining parcels which together
have been approved by the County as agricultural preservation districts;
or
(4)
The property is contiguous to at least 50 acres of land owned by
a County, state, or federal government agency that is compatible with
agriculture; or
(5)
The land has an agricultural productivity capability higher than
the County average as determined by the United States Department of
Agriculture.
E.
Soil criteria.
(1)
At least 50% of the land area proposed for preservation, less the
acreage contained within the 100 year floodplain as delineated on
the Flood Hazard Boundary Maps, produced by the Federal Emergency
Management Administration and state or federal designated wetlands,
shall consist of U.S.D.A. Soil Capability Classes I, II or III on
cropland and Pasture or Woodland Groups 1 and 2 on woodland areas.
(2)
Exceptions to the soil criteria noted above include areas of existing,
extensive, specialized production, including but not limited to, dairying,
livestock, poultry, turf, nursery, horse, forest products, fruit or
berry production as recommended by the Agricultural Land Preservation
Advisory Board.
F.
Ownership criteria. An agricultural preservation district is not
permitted on land owned by a homeowners' association or a public
utility.
G.
Development potential criteria. An agricultural preservation district
is not permitted on land that is designated open space or otherwise
lacks development rights or family conveyances.
H.
Permitted uses. An owner whose land is in an agricultural preservation
district shall be permitted to:
(1)
Use the land for agricultural use as defined herein and as permitted in the Harford County Code, including those permitted in Section 267-73 (Agricultural/commercial) of the Harford County Zoning Code, as amended.
(2)
Maintain the land for future agricultural use.
(3)
Operate at any time machinery used in agricultural production or
the primary processing of agricultural products. Such operations shall
not be considered a nuisance, either public or private, as a result
of changed land uses in and around the preserved property.
(4)
Employ normal agricultural activities and operations in accordance
with good husbandry and agronomic practices.
(5)
Sell agricultural products as is permitted under the Harford County
Code.
(6)
Use the land for additional conservation easements and mitigation
offsets, such as but not limited to wetlands and afforestation, provided
that the use does not impair any agricultural use on the land, that
the use is not greater than 10% of the total acreage of the property
as the property existed at the time the district was established and
that the use is approved by the Soil Conservation District.
I.
Exclusion of lots under district.
(1)
Owner's lot. The landowner of record at the time of district
establishment may, at any time after the district has been established,
request the exclusion of 2 acres or less for the exclusive use of
that landowner. A letter must be provided to the Department of Planning
and Zoning requesting this exclusion and verifying the owner's
intention to live in this dwelling. This request is subject to review
and recommendation by the Agricultural Land Preservation Advisory
Board. In addition, the initial building permit and the initial certificate
of occupancy shall be in the landowner's name. The owner's
lot may not be sold or transferred within 5 years from the date of
recording the district agreement except in the event of the death
or legal incompetence of the landowner or if the lot is part of bankruptcy
proceedings; or with approval of the Department of Planning and Zoning,
subject to review and recommendation of the Agricultural Land Preservation
Advisory Board.
(2)
Child's lot. The landowner of record at the time of district
establishment may, at any time after the district has been established,
request the exclusion of two acres or less for the exclusive residential
use of the child. A letter must be provided to the Department of Planning
and Zoning from both the landowner and the child requesting this exclusion
and verifying that it is the intention of the child to live in this
dwelling. This request is subject to review and recommendation by
the Agricultural Land Preservation Advisory Board. In addition, the
initial building permit and the initial certificate of occupancy must
be in the child's name. The child lot may not be sold or transferred
within 5 years from the date of recording the district agreement except
in the event of the death or legal incompetence of the child or if
the lot is part of bankruptcy proceedings; or with approval of the
Department of Planning and Zoning, subject to review and recommendation
of the Agricultural Land Preservation Advisory Board.
(3)
Number of permitted lots. The total number of lot exclusions may
not exceed 1 dwelling unit per 25 acres or 4 lots per district property,
whichever is less. Lots shall not exceed 2 acres in size and shall
include all County right-of-way requirements. The inclusion of County
right-of-way requirements in the lot size calculation may be waived
by the Director of Planning for good cause shown, with the review
and recommendation of the Agricultural Land Preservation Advisory
Board. The total number of lot exclusions shall never be more than
the development rights and family conveyances at the time of district
establishment. All costs associated with the establishment of the
lot(s) shall be paid by the landowner, and the district will be amended
to identify the lot(s) excluded.
J.
Tenant houses. The landowner may request in writing a tenant house
in accordance with conditions established within Section 267-27(D)(5)
of the Harford County Zoning Code, as amended. This request shall
be submitted to the Department of Planning and Zoning. Prior to a
decision by the Department, the request will be subject to review
and recommendation of the Agricultural Land Preservation Advisory
Board, who will consider the documented need for such a structure.
The tenant house may not be subdivided off of the property while in
the district. Nor may it be subdivided if the property is going to
proceed to settlement under any preservation program.
K.
Termination and alteration of districts. The following provisions
are applicable only to land in agricultural preservation districts
on which an easement is not held by the County or the state.
(1)
A landowner may terminate his property's inclusion in an agricultural
preservation district at any time after 5 years from the establishment
of the district. Notice of intention to terminate must be submitted
to the County at least 6 months prior to district termination.
(2)
Severe economic hardship. If severe economic hardship occurs, the
County may, on an individual basis, release the landowner's property
from an agricultural preservation district at any time. The landowner
shall petition the County, stating succinctly the severe economic
hardship that the landowner is sustaining and providing the County
with the following:
(a)
A recent financial statement which shows the owner's complete
assets and liabilities and a statement under the penalty of perjury
that the information contained in the financial statement is true
and accurate.
(b)
Other information attesting to the severe economic hardship
that the landowner is sustaining, including by way of example information
from the mortgagees, lien holders, creditors, attorneys, the internal
revenue service and other party interests who are qualified to address
the condition of the landowner.
(c)
To the extent permitted by law, the County shall deny public
access to the information the landowner has supplied the County.
(d)
The question of whether severe economic hardship exists will
be decided by the Department of Planning and Zoning with concurrence
from the County Attorney and the Agricultural Land Preservation Advisory
Board.
(3)
No development plans may be submitted to the Department of Planning
and Zoning prior to the formal termination of the district.
(4)
A landowner terminating a district shall be required to pay back
to the County the applied tax credit given to the property while under
the district agreement.
[Amended by Bill No. 24-002]
All properties in the Harford County Agricultural Land Preservation Program will be subject to an inspection at least once every 5 years. Inspections will be conducted to determine if the owner is complying with the terms of the easement. A representative of the Department of Planning and Zoning will conduct the inspection. At least 1 month prior to the inspection, the Department shall give the landowner notice, by mail, of its intention to inspect the property, and all inspections will be conducted at reasonable times. Any violation of the terms of this Chapter 60 shall be subject to enforcement proceedings under Section 1-23 (General penalty) and Section 267-14 (Violations and penalties) of this Code.
The Department of Planning and Zoning shall
be required to conduct a minimum of 2 community outreach meetings
per year. The community outreach meeting shall be held in an effort
to instruct and encourage participation in County, state and federal
land preservation programs.
[Added by Bill No. 24-002]
The Department of Planning and Zoning, under the review of the
Agricultural Land Preservation Advisory Board, shall prepare a program
manual to implement the standards and requirements of this article.
The program manual shall comply with best management practices for
agricultural land preservation. The program manual shall be publicly
available upon request.
