Attachment A

Draft:  9/21/04

ORDINANCE NO.  04-A.1(  )

 

AN ORDINANCE TO AMEND APPENDIX A.1, ACQUISITION OF CONSERVATION EASEMENTS PROGRAM, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Appendix A.1, Acquisition of Conservation Easements Program, of the Code of the County of Albemarle is amended as follows:

 

By Amending:

 

Sec. A.1-108     Ranking criteria.

Sec. A.1-111     Purchase of conservation easement.

 

APPENDIX A.1. 

 

Acquisition of Conservation Easements Program

 

Sec. A.1-108.  Ranking criteria.

 

            In order to effectuate the purposes of the ACE program, parcels for which conservation easement applications have been received shall be ranked according to the criteria and the point values assigned as provided below.  Points shall be rounded to the first decimal.

 

            A.        Open-space resources

 

                        1.         The parcel adjoins an existing permanent conservation easement, a

national, state or local park, or other permanently protected open-space: two (2) points, with one additional (1) point for every five hundred (500) feet of shared boundary; or the parcel is within one-quarter (1/4) mile, but not adjoining, an existing permanent conservation easement, a national, state or local park, or other permanently protected open-space: two (2) points,

 

                        2.         Size of the parcel: one (1) point for each fifty (50) acres.

 

            B.         Threat of conversion to developed use.

 

                        1.         The parcel is threatened with forced sale: five (5) points. 

 

                        2.         The parcel is threatened with other hardship: three (3) points.

 

                        3.         The number of division rights to be eliminated on the parcel: one-half (1/2) point for each division right to be eliminated, which shall be determined by subtracting the number of retained division rights from the number of division rights.

 

            C.         Natural, cultural and scenic resources

                       

                        1.         Mountain protection: one (1) point for each twenty (20) acres within a ridge area boundary.  For purposes of this section, the term “ridge area boundary” means the area that lies within one hundred (100) feet below designated ridgelines shown on county mountain overlay district elevation maps.

                       

2.         Working family farm, including forestry: five (5) points if at least one family member’s principal occupation and income (more than half) is farming or foresting the parcel; three (3) points if at least one family member produces farm products derived from the parcel.

 

                        3.         The parcel adjoins a road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points, with one (1) additional point for each six hundred (600) feet of road frontage; or the parcel adjoins a public road: two (2) points, with one (1) additional point for each one thousand (1000) feet of road frontage; or, the parcel is substantially visible from, but is not contiguous to, a public road designated either as a Virginia scenic highway or byway, or as an entrance corridor under section 30.6.2 of Chapter 18 of the Albemarle County Code: two (2) points.

                       

4.         The parcel contains historic resources: three (3) points if it is within a national or state rural historic district or is subject to a permanent easement protecting a historic resource; two (2) points if the parcel is within the primary Monticello viewshed, as shown on viewshed maps prepared for Monticello and in the possession of the county; two (2) points if the parcel contains artifacts or a site of archaeological or architectural significance as determined by a qualified archaeologist or architectural historian under the United States Department of Interior’s professional qualification standards

                       

                        5.         The parcel contains an occurrence listed on the state natural heritage inventory: five (5) points; or the parcel is within one-quarter (1/4) mile of an occurrence list on the State Natural Heritage Inventory: two (2) points.

 

                        6.         The parcel contains capability class I, II or III soils (“prime soils”) for agricultural lands or ordination symbol 1 or 2 for forest land, based on federal natural resources conservation service classifications found in the United States Department of Agriculture Soil Survey of Albemarle County, Virginia: one (1) point for each fifty (50) acres containing such soils to a maximum of five (5) points.

 

                        7.         The parcel is within the South Fork Rivanna Reservoir Watershed, the Chris Greene Lake Watershed, or the Totier Creek Reservoir Watershed: three (3) points; or the parcel adjoins the Ivy Creek, Mechums River, Moormans River, Rocky Creek (of the Moormans River), Wards Creek (of the Moormans River), Doyles Creek, Buck Mountain Creek, South Fork Rivanna Reservoir River, North Fork Rivanna River, Totier Creek Reservoir, Swift Run (of the North Fork Rivanna River), Lynch River (of the North Fork Rivanna River, Rivanna River, Jacob’s Run, or the Hardware River, Rockfish River, James River, any waters designated as “Exceptional Waters” by the Virginia Water Control Board, any public water supply reservoir or emergency water supply reservoir : one-half (1/2) point for each one thousand (1000) feet of frontage.

 

                        8.         The parcel adjoins a waterway designated as a state scenic river: one-half

(1/2) point for each one thousand (1000) feet of frontage.

 

9.         The parcel is subject to a permanent easement whose primary purpose is to establish or maintain vegetative forest buffers adjoining perennial or intermittent streams, as those terms are defined in Chapter 17 of the Albemarle County Code: one (1) point for each one thousand (1000) feet of buffer that is between thirty-five (35) and one hundred (100) fifty (50) feet wide; one and one-half (1½) points for each one thousand (1000) feet of buffer that is greater than fifty (50) feet but not more than one hundred (100) feet wide; two (2) points for each one thousand (1000) feet of buffer that is greater than one hundred (100) feet wide.  If the owner voluntarily offers in his application to place the parcel in such a permanent easement, then the above-referenced points may also be awarded.

 

                        10.        The parcel is within a sensitive groundwater recharging area identified in a county-sponsored groundwater study: one (1) point.

 

                        11.        The parcel is within an agricultural and forestal district: two (2) points.

 

D.        County fund leveraging.  State, federal or private funding identified to leverage

the purchase of the conservation easement: one (1) point for each ten (10) percent of the purchase price for which those funds can be applied. 

 

(Ord. 00-A.1(1), 7-5-00; Ord. 02-A.1(1), 12-11-02)

Sec. A.1-111.  Purchase of conservation easement.

 

            Each conservation easement shall be purchased as follows:

 

A.        Identification of initial pool. From the list of applications received under section A.1-110(D), the board of supervisors shall designate the initial pool of parcels identified for conservation easements to be purchased.  The purchase price may be supplemented by non-county funding.  The size of the pool shall be based upon the funds available for easement purchases in the current fiscal year and the purchase price of each conservation easement in the pool established under section A.1-111(B). 

 

B.         Determining purchase price.  The purchase price of a conservation easement shall be calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in the table below.  The average annual adjusted gross income shall be based on the aggregate of the annual adjusted gross income of each owner of record and the members of his or her immediate family in each of the three (3) most recent tax years.  In the case of a parcel owned by an entity such as a corporation, partnership, limited liability company, trust or estate, the average annual adjusted gross income of the owner shall be based on the aggregate annual adjusted gross incomes of the shareholders, partners, members, grantor, beneficiaries or decedent, as the case may be.

 

B.         Determining purchase price.  The purchase price of a conservation easement shall be calculated by multiplying the appraised value by the applicable percentage of appraised value set forth in the table below.  The average annual adjusted gross income shall be determined as follows:

 

            1.         Single individual.  If the parcel is owned by a single owner of record who is a natural person (an “individual”), the average annual adjusted gross income shall be the average of that individual’s federal adjusted gross income for the three (3) preceding tax years.  For purposes of this calculation, the federal adjusted gross income of a spouse (provided that the individual and the spouse file joint returns) or dependent child (provided that the child is claimed on the individual’s federal income tax return) of an individual shall be included in that individual’s federal adjusted gross income.      

 

            2.         Multiple individuals, C-corporations having ten or fewer shareholders, S-corporations, partnerships, limited liability companies, trusts, or estates.  If the parcel is owned by more than one owner of record who is an individual or is owned by a C-corporation having ten (10) or fewer shareholders, S-corporation, partnership, limited liability company, trust, estate (an “entity”) or any combination thereof, the average annual adjusted gross income shall be based on a weighted average of federal adjusted gross income for the three (3) preceding tax years.  The weighted average for each tax year shall be calculated by multiplying each individual’s respective percentage ownership interest in the parcel or in the entity by that person’s federal adjusted gross income, and then adding together the results.  For purposes of this calculation, the federal adjusted gross income of a spouse (provided that the individual and the spouse file joint returns) or dependent child (provided that the child is claimed on the individual’s federal income tax return) of an individual shall be included in that individual’s federal adjusted gross income.      

 

            3.         C-corporations having more than ten shareholders and other entities not identified in subsection 2. If the parcel is owned by a C-corporation having more than ten (10) shareholders or another entity not identified in subsection 2, the average annual adjusted gross income shall be the average of that C-corporation’s or other entity’s federal adjusted gross income for the three (3) preceding tax years.

 

 

Average Annual Adjusted Gross Income

Percentage of Appraised Value

$ 0 - $50,000 $0 - $55,000

100%

$50,001 - $60,000 $55,001 -$65,000

94%

$60,001 - $70,000 $65,001 - $75,000

88%

$70,001 - $80,000 $75,001 - $85,000

82%

$80,001 - $90,000 $85,001 - $95,000

76%

$90,001 - $100,000 $95,001 - $105,000

70%

$100,001 - $110,000 $105,001 - $115,000

64%

$110,001 - $120,000 $115,001 - $125,000

58%

$120,001 - $130,000 $125,001 - $135,000

52%

$130,001 - $140,000 $135,001 - $145,000

46%

$140,001 - $150,000 $145,001 - $155,000

40%

$150,001 - $160,000 $155,001 - $165,000

34%

$160,001 - $170,000 $165,001 - $175,000

28%

$170,001 - $180,000 $175,001 - $185,000

22%

$180,001 - $190,000 $185,001 - $195,000

16%

$190,001 - $200,000 $195,001 - $205,000

10%

$200,001 or more  $205,001 or more

4%

 

C.         Invitation to offer to sell.  The board shall invite the owner of each parcel included in the initial pool to submit an offer to sell to the county a conservation easement on that parcel for the purchase price, and/or to donate to the county the balance of the fair market value of the conservation easement, subject to the terms and conditions of a proposed deed of easement.  The purchase price shall not be subject to negotiation.  The invitation shall be in writing and shall include the purchase price, the proposed deed of easement, and the date by which a written offer must be received by the program administrator in order for it to be considered.  The invitation also may include a form offer to be returned by the owner if the owner desires to offer to sell a conservation easement.

 

D.        Offer to sell.  Each owner who desires to sell and/or donate a conservation easement shall submit a written offer that must be received by the program administrator by the date contained in the invitation to offer to sell.  The offer should include a statement substantially stating the following: “(The owner) offers to sell and/or donate a conservation easement to the County of Albemarle, Virginia for the sum of (purchase price), subject to the terms and conditions set forth in the proposed deed of easement enclosed with the invitation to offer to sell.”  Nothing in this appendix shall compel an owner to submit an offer to sell.

 

E.         Acceptance.  An offer to sell a conservation easement shall be accepted by the board of supervisors only in writing, and only following an action by the board authorizing acceptance.  An offer shall not be accepted by the board if the proposed easement would be inconsistent with the policies and goals of the comprehensive plan at the time the offer is received.  Nothing in this appendix requires the board to accept an offer to sell a conservation easement.

 

F.         Easement established.  A conservation easement shall be established when the owner and an authorized representative of the holder of the easement have each signed the deed of easement.  The deed shall be recorded in the office of the clerk of the circuit court of the County of Albemarle.  A single conservation easement may be established for more than one parcel under the same ownership. 

 

G.         Offers not made; offers not accepted; invitation to other owners.  If an owner invited to submit an offer elects not to do so, or if his offer to sell is not accepted by the board of supervisors, then the board shall send an invitation to offer to sell to the owner of the next highest ranked parcel remaining on the list of parcels identified in section A.1-110(E). 

 

H.        Costs.  If the board of supervisors accepts an offer to sell, the county shall pay all costs, including environmental site assessments, surveys, recording costs, grantor’s tax, if any, and other charges associated with closing.  Provided, however, the county shall not pay fees incurred for independent appraisals, legal, financial, or other advice, or fees in connection with the release and subordination of liens to the easement purchased by the county.

I.          Reapplication.  An owner who fails to submit an offer to sell or whose offer to sell was not accepted may reapply in any future year.

 

(Ord. 00-A.1(1), 7-5-00; Ord. 02-A.1(1), 12-11-02)

 

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