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Cecil County Office of Planning & Zoning Use The Hyperlinks to Navigate the Presentation Next.

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Presentation on theme: "Cecil County Office of Planning & Zoning Use The Hyperlinks to Navigate the Presentation Next."— Presentation transcript:

1 Cecil County Office of Planning & Zoning Use The Hyperlinks to Navigate the Presentation Next

2 Purpose Qualifications for PreservationQualifications for Preservation Programs that the County administers: Preservation Districts Maryland Agricultural Land Preservation Foundation Purchase of Development Rights Transfer of Development Rights Frequently Asked Questions Contact Us PreviousPrevious | NextNext

3 Purpose To provide information on the land preservation programs facilitated by Cecil County. Show the application & ranking process. A brief overview of other land preservation programs in Cecil County. Cecil County’s agricultural preservation goals. Answer Questions Previous Previous | Table of Contents | NextTable of Contents Next

4 Qualifications for Preservation Parcel Size Soils Criteria and Soils Conservation Plan Ownership Previous Previous | Table of Contents | NextTable of Contents Next

5 Parcel Size Each program has it’s own set of qualification requirements, but in general the FARM must be at least 50 acres in size. If you have multiple contiguous parcels that add up to 50 acres, the farm would meet the acreage requirement. Depending on the program parcels under 50 acres may qualify. In general, the programs are looking for farms of exceptional value, and contiguous to property already in an easement or district. Previous

6 Soils Criteria and Conservation Plan The property must meet the soils criteria, which is: A majority (>50%) of soils of the entire property must be of Class I, II, or II; A majority (>50%) of soils of the wooded areas only must be of Group 1 or 2; or A combination of qualifying Class & Group Soils shall be a 60% aggregate of qualifying Class soils on pasture & cropland AND qualifying Group soils in Woodland areas. A current soil conservation plan must be on file with the Soil Conservation office. Soil Conservation Plans are valid for 10 years, and the current owner must have the plan filed. If you do not have a Soil Conservation please contact the Soil Conservation office can be reached at 410-398-4411 ext. 3 Anyone new looking to go through preservation should make their first call to Soil Conservation. Previous

7 Property Ownership A number of farms have set up the ownership in Family Trusts, LLC’s, Revocable Estates and so on for various reasons. If your farm is set up in this manner then we would need the paperwork showing who has ownership in the business entity. One person may represent the business entity provided that a resolution form all the members giving their consent to submit an application is attached. If the paperwork we have on file is dated, we may ask if anything has changed or been updated from time to time. Previous

8 Preservation Districts AboutApplication Previous Previous | Table of Contents | NextTable of Contents Next

9 About Preservation Districts First formalized step for intention to preserve land. Applicant agrees to enter into district for a period of no less than 5 years, and not to develop their property. Property owner receives a 50% tax credit on the land value of the property. OPTIONAL PROGRAM District Properties are given priority for land preservation opportunities. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

10 Preservation Districts Application Simple two page application Complete as much of the application as you can, staff will assist you as much as possible. Applications go through a series of hearings. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

11 MALPF Maryland Agricultural Land Preservation Foundation AboutApplicationScoring & RankingCalculationsOffersEasement SettlementSummary Previous Previous | Table of Contents | NextTable of Contents Next

12 About MALPF MALPF is by far the most popular land preservation program in Cecil County. Started in 1977, first easements in Cecil County occurred in the early 1980s. Applications are due to MALPF on July 1 st. Easement application acceptance is based off of funding. Joint cooperation between the County and State for facilitation and monitoring Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

13 MALPF Application Application Notification is sent out from the Office of Planning & Zoning to all district properties. If requested, an application is prepared by staff, as much as possible. Applicants must decide asking price, we cannot advise you on what price to ask. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

14 Application Scoring & Ranking Once all applications are received by the deadline they are scored on the following factors: Land Evaluation (i.e. soil productivity) ~ 37% Farm Quality & Potential of Property ~33% Preservation Status 20% Development Pressure & Potential 10% This scoring method was adopted in February 2005. Asking price does not factor in to application scoring. MALPF limits the number applications may be submitted for each cycle. APAB reviews rankings and selects finalists. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

15 MALPF Calculations MALPF orders appraisals on the submitted applications. MALPF staff calculates the Agricultural Value (AV) of each property. The Fair Market Value (FMV) minus the AV equals the Easement Value. NEW FOR FY2015 – MALPF offers are capped at 75% of FMV. MALPF offers the lowest of Asking Price, Easement Value or 75% of FMV. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

16 Offers Two Rounds: Round One (Details)Details Guaranteed for each County and made to the top priorities of each. Offers must be accepted or declined in 30 days. Accepted offers move to easement acquisition, declined offers must wait 2 years to reapply. Declined funds are offered to the next highest priority. Round Two (Details)Details Remaining applicants re-ranked in one statewide list. Asking price becomes a determining factor. Same acceptance and denial process as round one. Round continues till all funds for the easement cycle are used. Example of how this process works. Example of how this process works Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

17 Round 1 Offers Once MALPF determines the allowed price per acre for the properties, offers will be made to each County’s priority properties. The property ranked number 1 would get the first offer, property ranked number 2 would get the second offer, and so on until Round One funding is used up. Depending on funding this would be likely only one or two properties. The funds that were offered and subsequently denied will be offered to next top priority. Again this would continue until all Round 1 offers are used up. It is highly unlikely that applicants to be offered an easement would run out before round 1 dollars are to be used up. In such a scenario those funds would move on to round two. Previous

18 Round 2 Offers Once Round 1 offer are complete, the remaining applications from the entire state are re-ranked. This re- ranking is based off of the greatest percentage of discount from Fair Market Value. Again, the only way to accurately know the amount of discount is to have an appraisals done, which MALPF pays the $1,500 to $2,000 per property cost for the County’s finalists. The re-ranked properties are on a state wide list thus there are no guarantees a Cecil County application will get a Round 2 offer. Previous

19 Example MALPF has $46 million dollars to spend to acquire easements. That is split in half between Round One & Round Two dollars. Then the Round One dollars are split evenly among the counties. The Round Two dollars are spent via a statewide ranking, not guaranteeing any specific dollar amount to each county. Previous

20 MALPF Easement Settlement The County is not involved with the intimate details of the easement settlement process. A baseline inspection is completed by County staff and will be used for comparison for inspections in future years. It is advised that the applicant have an financial professional aid them in determining acceptance of funds for tax implications and other financial planning purposes. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

21 Summary of MALPF State program that is administered by both County & State staffs. A new application must be submitted each cycle. All applications are scored and ranked. Offers are based on the lowest of asking price, easement value or the 75% cap. Top ranked county applications are made round 1 offers. Round 2 offers are based off of best value, but competing with farms across the state. Once and easement is established it will be subject to inspection Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

22 PDR PDR Purchase of Development Rights AboutApplicationSettlement Previous Previous | Table of Contents | NextTable of Contents Next

23 About the PDR PDR is to preserve agricultural lands in Cecil County, and supplement existing federal, state, and local programs. Funding levels for the PDR program are allocated from the County’s yearly operating budget and could vary year to year. To date the PDR program has preserved 457+ acres with very limited funding. PDR funds have been used as a match for other preservation programs in recent years. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

24 PDR Application District landowners notified around Labor Day of any year. If requested, County staff will prepare as much of the application possible. The application is similar to MALPF’s a major difference is that the land owner must select a payment type. Application deadline is the last business day of each year. There is some flexibility in selecting finalists in the PDR program. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

25 PDR Settlement The County Council will make the final decision PDR easement. After Council approval 2 appraisals will be completed. Offer’s are made after the appraisals. After Settlement is anticipated to be complete in the early summer. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

26 TDR TDR Transfer of Development Rights AboutCalculationsProcessTDR Bank Previous Previous | Table of Contents | NextTable of Contents Next

27 About the TDR program Adopted in 2007, the program allows for a farm in a sending area to transfer their development rights to a receiving area. Accomplished through the subdivision process, or rights could be sold to a TDR bank administered by County Government. As an incentive, the TDR program allows for more development rights to be transferred from sending areas than base zoning would allow if the sending area parcel was to be subdivided. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

28 TDR Calculations Every property is different based off of the locations of the sending and receiving parcels, but in general: ZoningAcres required for 1 dwelling unit (Major Subdivision) Number of Dwelling Units per 50 acres NAR105 NAR using TDR 510 SAR202 SAR using TDR 316 Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

29 TDR’s through subdivision process TDR density is proposed by the developer and approved by the developer Planning Commission. The project moves forward through subdivision process. Prior to the Director of Planning & Zoning signing the record plat: 1. The agreement transferring the development rights is executed and recorded in land records; and 2. A Deed of Easement to ensure the long term protection of the sending parcel must be recorded. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

30 TDR Bank Initially funded through VLT, or the general fund, the TDR bank is to be a self-perpetuating. Once development rights are acquired by County, they can be sold to qualifying receiving parcel or retired. If selling development rights to the TDR bank is a viable option, please send a letter of interest to the Office of Planning & Zoning ASAP. Previous Previous | Section Index | Table of Contents | NextSection Index Table of Contents Next

31 FAQ Is there a major change occurring to the land preservation program? If I offer an enormous discount to buy my development rights, will that move me up on the list? Is there anything I can do to improve my ranking score? Are state regulations (Tier Map, PlanMaryland) going to affect my preservation application? Is the ag-preservation program recertification in jeopardy? Previous Previous | Table of Contents | NextTable of Contents Next

32 Is there a major change occurring to the land preservation program? No. The APAB and County staff are assessing our land preservation efforts, and exploring alternatives to improve the program. Previous

33 If I offer an enormous discount to buy my development rights, will that move me up on the list? The preservation program uses a County tailored version of the Land Evaluation & Site Assessment (LESA) model developed by NRCS. Price is not a factor in that model, but price is being explored as a potential factor to the ranking system. Pricing in any ranking system so that the best value for a quality farm, and not the cheapest farm is purchased. Previous

34 Items that can be done to improve your score: 1. Have and implement a Soil Conservation Plan. In the past cycle an applicant could’ve been in the list of 8 finalists sent to the state if the Soil Conservation Plan was implemented. 2. If you haven’t already done so, place your farm in to a preservation district. Although not a lot of points are assigned, they’re easy points. 3. Let us know about your farming operation. If the farm is full or part time, and if it is owner or renter operated. 4. If your neighbor is interested, have them apply for easement too. 5. Consider donating part of your farm to an easement program. The more of your farm that adjoins an easement or district, the better the score Previous

35 Are state regulations (Tier Map, PlanMaryland) going to affect my preservation application? Possibly. County leadership and staff are working with the various state departments to resolve, what have been lightening rod issues, over the previous months and will continue to do so over the coming months. Previous

36 Is the ag-preservation program recertification in jeopardy? We will be working with MDP and MALPF to ensure that we meet the requirements of recertification Previous

37 Is the County ending the agricultural preservation program? The simple answer is absolutely not. In fact, the County’s Agricultural Preservation Advisory Board or APAB and County staff are assessing our land preservation efforts, and exploring all possibilities to improve the program. For far too long an apathetic attitude, due to a lack of funding, support, and outreach, towards land preservation has been dominant in Cecil County. It is my hope that tonight’s presentation is the first of many outreach efforts to revive the enthusiasm for agricultural land preservation. I have to support of County Administration, APAB, & MALPF, but the most important support I can get is from each of you. Both as individuals and as an agricultural community as I cannot do this alone. Previous

38 Contact Us If you would like more information or you are interested in Agriculture Land Preservation Programs in Cecil County, contact us via the below information: Stephen O’Connor, AICP Agricultural Lands Preservation Coordinator Department of Planning and Zoning Cecil County Government 200 Chesapeake Blvd, Suite 2300 Elkton, Maryland 21291 P: 410-996-5220 E: soconnor@ccgov.org Previous Previous | Table of ContentsTable of Contents


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