[Adopted by Bill No. 90-26]
As used in this Article, the following words
have the meanings indicated:
APPLICANT
An owner who applies to sell an easement to the Foundation.
EASEMENT
An encumbrance on land which restricts the owner's rights
to develop or otherwise use the land for other than an agricultural
use.
FOUNDATION
The Maryland Agricultural Land Preservation Foundation.
OWNER
A person with legal title to a parcel of land. "Owner" includes
a successor in interest.
PROGRAM
The supplemental payment program established by this Article.
There is a county supplemental payment program
for owners who sell easements to the Foundation.
The county shall record an easement, at county
expense, on land for which payment is made under the program.
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.
D. The County shall record an easement on the land for which payment is made under the authority of this section
60-8 in accordance with the conditions imposed on easements by the Maryland Agriculture Land Preservation Foundation.
[Adopted by Bill No. 93-2; amended in its
entirety by Bill No. 07-05]
The purpose of the Harford County Agricultural
Land Preservation and Purchase of Development Rights Program is to
preserve productive agricultural land and woodland which provides
for the continued production of food and fiber for the citizens of
the County. This program is to be administered by the Department of
Planning and Zoning and the Harford County Agricultural Land Preservation
Advisory Board.
This program focuses on the purchasing of development rights and family conveyances from agricultural landowners and retiring those rights in perpetuity. If the development rights are 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 as permitted under this program. 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 rights and family conveyances.
This program also allows any owner of agricultural land which meets the minimum qualifying criteria listed in §
60-12 of this article to apply to donate their development rights and family conveyances and have an easement placed on their property under the same terms and provisions contained in this article.
[Added by Bill No.
11-07]
[Amended by Bill No. 11-07]
As used in this article, the following words have the meanings
indicated:
AGRICULTURAL LAND
Land used primarily for agriculture with an agricultural
zoning classification as identified on the most recently approved
Harford County Zoning Maps.
AGRICULTURAL USE
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.
CHILD
Natural or adopted child of the landowner.
CHILD'S LOT
A lot of 2 acres or less, designated for the exclusive residential
use of a child of the landowner of record at the time of easement
sale.
COMMITMENT LETTER
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.
DEVELOPMENT RIGHT
The ability to create a residential lot as permitted under
the existing agricultural zoning classification.
DEVELOPMENT RIGHTS EASEMENT
An encumbrance upon the land which restricts the owner's
rights to develop or otherwise use the land for purposes other than
agricultural uses.
EASEMENT PRIORITY RANKING (EPR)
The criteria used to rank applications submitted to the Agricultural
Land Preservation and Purchase of Development Rights Program.
FAMILY CONVEYANCE
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.
INSTALLMENT PURCHASE AGREEMENT (IPA)
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.
LANDOWNER
An individual(s) who is the owner of record or an entity
which is the owner of record, an entity shall include only those individuals
who were members of the entity at the time the deed of easement was
recorded.
MAXIMUM DEVELOPMENT RIGHT VALUE
The actual easement value paid to the landowner based on
the number of development rights associated with the property, including
family conveyance lots.
MAXIMUM PER ACRE VALUE
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.
MAXIMUM EASEMENT PER ACRE VALUE
The actual per acre price paid to the landowner based on
the total valuation number multiplied by the base multiplication easement
value.
OWNER'S LOT
A lot of 2 acres or less, designated for the exclusive residential
use of the landowner of record at the time of easement sale.
PURCHASE
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.
SALE or SELL
The transfer of property, and title thereto or interest therein,
for a sum of money or the donation of property, and title thereto
or interest therein, for no consideration.
SEVERE ECONOMIC HARDSHIP
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.
SOIL CONSERVATION DISTRICT
A federal, state and county funded organization in Harford
County developed to conserve and protect soil and water quality.
SUBDIVISION
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.
SURVEY
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.
TENANT HOUSE
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.
WOODLAND
A biological community dominated by trees and other woody
plants covering a land area of 1 acre or more.
The Harford County Agricultural Land Preservation
and Purchase of Development Rights 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)Â To maintain the land in agricultural use from the
date that the district is recorded in the land records of Harford
County.
(2)Â 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)Â That the construction of buildings or structures on
the land other than farm buildings 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.
B. Location criteria. The focus of the program will be
on lands agriculturally zoned.
C. 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)Â It adjoins a 50 acre parcel which has been approved
by the County as an agricultural preservation district; or
(2)Â It has been added to one or more adjoining parcels
which together have been approved by the County as agricultural preservation
districts; or
(3)Â The land has an agricultural productivity capability
higher than the County average as determined by the United States
Department of Agriculture.
D. Soil criteria.
(1)Â Properties qualified for the program shall consist
of land which is either used primarily for the production of food,
fiber or timber production or is of such open space character and
productive capacity that continued agricultural production is feasible.
(2)Â Exceptions to the soil criteria noted below include
areas of existing, extensive, specialized production, including but
not limited to dairying, livestock, poultry, fruit or berry production
as recommended by the Agricultural Land Preservation Advisory Board.
(3)Â Soils criteria for lands equal to or greater than
50 acres. 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.
(4)Â Soils criteria for lands less than 50 acres. A minimum
of 60% of the land area proposed for preservation shall consist of
U.S.D.A. Soil Capability Classes I, II, III or IV on cropland and
Pasture and Woodland Groups 1 and 2 on wooded areas.
E. Permitted uses. An owner whose land is in the Harford
County Land Preservation and Purchase of Development Rights Program
shall be permitted to:
(1)Â Use the land for any agricultural use as defined herein
and as permitted in the Harford County Code, including those permitted
in Section 267.43(F) of the Harford County Zoning Code, as amended.
(2)Â Maintain the land for future agricultural use.
(3)Â 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)Â Employ normal agricultural activities and operations
in accordance with good husbandry and agronomic practices, as long
as the activities and operations do not endanger the health and welfare
of the citizens of the County.
(5)Â Sell agricultural products as is permitted under the
Harford County Code.
(6)Â 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 deed of easement
was recorded and that the use is approved by the Soil Conservation
District.
F. Exclusion of lots under district.
(1)Â 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 building permit and the owner/occupancy
permit must be in the owner's name. The owner's lot may not be sold
or transferred within 5 years from the date of recording the district
except in the event of the death or legal incompetence of the owner
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)Â 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 building permit and the owner occupancy permit 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 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)Â 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. All costs associated with establishment of this lot
shall be paid by the landowner, and the district will be amended to
identify the lot(s) excluded.
G. Tenant houses. The landowner may request in writing
a tenant home in accordance with conditions established within Section
267-26(D)(6) 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 home 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.
H. 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)Â 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)Â Severe hardship. If severe economic or personal 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
hardship that the landowner is sustaining and providing the County
with the following:
(a)Â
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)Â
Other information attesting to the severe hardship
that the landowner is sustaining, including by way of example information
from the mortgages, lien holders, creditors, attorneys, the internal
revenue service and other party interests who are qualified to address
the condition of the landowner.
(c)Â
To the extent permitted by law, the County shall
deny public access to the information the landowner has supplied the
County.
(d)Â
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)Â No development plans may be submitted to the Department
of Planning and Zoning prior to the formal termination of the district.
(4)Â A landowner terminating a district shall be required
to pay back to the County the applied tax credit given to the property
while under a district agreement.
All properties in the Harford County Agricultural
Land Preservation and Purchase of Development Rights Program will
be subject to periodic inspections. 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 intention to inspect
the property, and all inspections will be conducted at reasonable
times.
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.