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HomeMy WebLinkAboutPDR - Complete Version of Manual - 6-17-08 (2) Policies and Procedures Manual Town of Ithaca Agricultural Land Preservation Program Adopted July 12, 1999 Updated March 13, 2006 and January 7, 2008 Town of Ithaca Planning Department Town of Ithaca Town Board Catherine Valentino, Town Supervisor Mary Russell, Deputy Town Supervisor Edward Conley, Councilman Carolyn J. Grigorov, Councilwoman David L. Klein, Councilman William Lesser, Councilman Thomas P. Niederkorn, Councilman Agriculture Committee Christiann Dean, Chair Elsie McMillan, Vice Chair James S. Ainslie Jamie Baker Jennifer Bokaer-Smith & John Bokaer-Smith Nelson Eddy Debbie Teeter & Alan Teeter Planning Department Jonathan Kanter, AICP, Director of Planning George R. Frantz, AICP, Assistant Town Planner Susan E. Ritter, Environmental Planner Michael Smith, Planner Table of Contents Introduction 1 Statement of Purpose 2 General Policies 3 Program Administration 3 Confidentiality 3 Minimum Criteria for Applications 4 Map: Purchase of Agricultural Conservation Easements: Target Areas 5 Costs 6 Maintenance of Land for Agricultural Purposes 6 Program Participation 7 Application Process 7 Criteria for Ranking Candidate Parcels 8 Appraisal Procedure 9 Purchase Decisions 11 Purchase Offers 11 Easement Documentation Requirements 12 Administration of Acquired Easements 13 Pre-Closing Inspections 13 Easement Inspections 13 Enforcing Easements 15 Permitted Uses - General 16 Subdivision of Land Subject to an Easement 17 Subdivision Procedures/Requirements 19 Annual Report 20 Appendix A 21 Appendix B 27 Appendix C 33 (blank page) Introduction The Town of Ithaca Agricultural Land Preservation Program is an initiative to preserve the Town’s farmland resources for future generations by purchasing the development rights to the land. It is a voluntary program through which a willing buyer -- the Town Board on behalf of all Town residents -- would purchase from willing sellers the development rights to their land. In exchange for a monetary consideration the landowner would convey to the Town of Ithaca an agricultural conservation easement. Just what are “development rights” is a question many people ask. Ownership of land conveys to an individual or individuals a variety of rights. Examples of such rights include the right to sell or lease, enter onto the premises, mineral rights, or easements for utilities or access. Landowners have the ability to convey such rights, through sale, lease or other mechanism, to other parties, while retaining ownership of the land. Another right that comes with land ownership is the right to develop the land to the extent allowed by law, including zoning and subdivision regulations. Through the Agricultural Land Preservation Program, the Town of Ithaca would purchase the right to develop the participating landowner’s property to eliminate the potential for development, and permanently preserve it for future agricultural use. The landowner would retain all other rights to their land, including the right to farm, rent, sell or give it away. An important consideration for all landowners is the ability to control access to their land. After the sale of their development rights, landowners retain the right to control access to their land. The sale of development rights to the Town of Ithaca would not convey to the Town the right to allow the public access to the landowner’s property for hunting, fishing or other activities. Conversely, the sale of development rights to the Town does not limit a landowner in the right to allow public access to the land. Depending on individual circumstances, the sale or donation of an agricultural conservation easement to the Town of Ithaca may have positive tax benefits for the landowner, and can also be a useful tool in estate planning and the transfer of a farm to the next generation. The various tax- related and estate planning implications of conveying an agricultural conservation easement however are too numerous and complex to be discussed in this document. Farmers and farmland owners should consult their own advisors on these issues before conveying an easement to the Town of Ithaca. Finally, the Town of Ithaca recognizes that a decision by a farmer or farmland owner to participate in the purchase of development rights program is a both a major business decision and a critical personal decision on the part of the farmer and his or her family. All potential program participants are thus urged to carefully consider the pros and cons of participating in the program. Among other issues, landowners need to carefully consider the exclusion from the proposed coverage of the easement of any land which they may wish to develop for non-farm purposes in the future. 2 Statement of Purpose The purpose of the Town of Ithaca Agricultural Land Preservation Program is to: 1. Protect the Town’s viable agricultural lands by acquiring agricultural conservation easements that prevent the development or improvement of the land for any purpose other than agricultural production. 2. Provide agricultural landowners with monetary compensation in exchange for their relinquishment of the right to develop their property. 3. Protect the Town’s farmers and agricultural landowners from incompatible non- agricultural land uses that may render farming impracticable. 4. Encourage a long-term commitment to preservation of agricultural land by landowners through financial incentives and stabilization of land use patterns favorable to agriculture. 5. Enhance the economic viability of the Town’s agricultural economy. 6. Maximize agricultural conservation easement purchase funds that protect the investment of taxpayers in said easements. 7. Concentrate financial resources in a manner that will ensure the purchase of agricultural conservation easements for the protection of the largest amount of agricultural land possible. 8. Execute all agreements or other documents necessary to affect the purchase of agricultural conservation easements in the name of the Town of Ithaca. 3 General Policies Program Administration The Town Board administers the Town of Ithaca Agricultural Land Preservation Program. The Town Board adopts all rules and regulations for the administration of the Program, and shall execute all agreements and other documents necessary to affect the purchase of agricultural conservation easements in the Town of Ithaca. The Town of Ithaca Agricultural Land Preservation Advisory Committee, or successor Committee, acting in an advisory capacity to the Town Board, is responsible for: a. advising the Town Board on all proposed policies, rules and regulations for the administration of the Program; b. reviewing all applications for participation in the Program; c. making recommendations to the Town Board regarding all agricultural conservation easement acquisitions. The Town of Ithaca Planning Department, and the Town Budget Officer, are responsible for providing Program support staff to the Agricultural Land Preservation Advisory Committee or successor Committee and Town Board. Confidentiality The Town of Ithaca recognizes that a decision by a farmer or farmland owner to participate in the purchase of development rights program is a both a major business decision and a critical personal decision on the part of the farmer and their family. It is thus the policy of the Town of Ithaca that in the implementation of its Agricultural Land Preservation Program all contacts, correspondence or information exchanged between Town elected and appointed officials and Town staff shall be considered confidential to the extent allowed by state and federal laws governing access to public documents. 4 Minimum Criteria for Applications The following are the minimum criteria for eligibility to participate in the Agricultural Conservation Easement Program: 1. The agricultural conservation easement shall be perpetual in duration. 2. The parcel under consideration for an easement shall be comprised of at least twenty (20) acres of contiguous land, unless said tract is at least ten (10) acres in size and is contiguous to a property which has a perpetual agricultural or other conservation easement in place which is held by the Town of Ithaca or other “qualified conservation organization” as defined by Section 170(h)(3) of the Internal Revenue Code, or any similar, successor statute. 3. The candidate parcel shall be located within the areas identified on the map entitled “Purchase of Agricultural Conservation Easements: Target Areas, Town of Ithaca, Tompkins County, New York” as approved by the Town Board and amended from time to time by formal resolution. Parcels not meeting the above criteria are not eligible for consideration for the purchase of agricultural conservation easements by the Town of Ithaca. Landowners however may, if they so desire, offer to donate such easements to the Town of Ithaca. The Town Board in considering such offers of donated easements will take into account: 1. The impact of accepting the proffered easement on intended long-term development patterns within the Town of Ithaca, as outlined in the Town’s comprehensive plan, zoning ordinance, and other land use policy statements. 2. The impact of accepting the proffered easement on the optimum utilization of the Town’s existing public water and sewer infrastructure systems. 3. Whether the acceptance of such an easement would significantly enhance the protection of adjacent lands already protected by an agricultural conservation easement. 4. Whether the acceptance of such an easement would significantly further the Town’s goal of protecting its viable agricultural lands and enhancing the economic viability of the Town’s agricultural economy. Offers of donated easements will be reviewed by the Town of Ithaca Agricultural Land Preservation Advisory Committee or successor Committee prior to any action by the Town Board. An offer to donate an easement shall consist of a letter offering the donation and a completed application submission. The Town Board, after considering the recommendation of the Agricultural Land Preservation Advisory Committee or successor Committee, will decide whether or not to accept the proffered easement donation. Upon 5 6 a Town Board decision to accept an easement donation, the prospective donor will be notified and asked to submit a request for appraisal. The appraisal will be utilized to determine the value of the easement donation to the Town. Costs In order to minimize the cost to the individual farm land owner and encourage participation in the Agricultural Land Preservation Program the Town of Ithaca will be responsible for the following costs incidental to the transfer of development rights: 1. agricultural conservation easement purchase price; 2. cost of first appraisal; 3. cost of any necessary land surveys; 4. necessary legal fees incurred by the Town of Ithaca for title search, preparation of documents, including easement, and all recording fees; 5. necessary advertising fees as may be required by law. The Town of Ithaca will cover the above costs for both purchased and donated easements. Landowners are responsible for their own attorney costs. Maintenance of Land for Agricultural Purposes Land on which the Town of Ithaca has acquired an agricultural conservation easement, but which is subsequently withdrawn from active use as agricultural land, must be maintained in a state where it would be readily available for agricultural use at a future date. Participants in the Agricultural Land Preservation Program who remove land from active agricultural use will be required to implement a regular program of mowing, the frequency and timing of which is set forth in the easement document. Exceptions to the requirement that land be maintained through regular mowing would be: 1. use of the land for the propagation and growing of trees and shrubs for horticultural purposes, including Christmas trees; 2. the planting of fruit or nut trees; 3. the planting of trees for future harvesting for timber, pulpwood, biomass or other wood products or wood uses. 7 Program Participation Application Process The application process for participation in the Agricultural Land Preservation Program begins when the applicant completes and submits the AGRICULTURAL EASEMENT APPLICATION FORM (Appendix A) to the Town Planning Department. Applications for participation in the program are received on a rolling basis throughout the year. The Planning Department will: 1. review the application for completeness and accuracy and contact the applicant to resolve any questions regarding completeness and accuracy; 2. once determining that the application is complete the Planning Department shall: a. prepare a summary report with a preliminary evaluation of the candidate parcel based on the eligibility and ranking criteria set forth elsewhere for distribution to the Agricultural Land Preservation Advisory Committee or successor Committee; b. forward to the Natural Resource Conservation Service/Tompkins County Soil & Water Conservation District offices the Request for Review Form; c. forward said application to the Chair of the Agricultural Land Preservation Advisory Committee or successor Committee. The summary report prepared by the Planning department shall include: a. a description of the farm including location size and type of operation; b. a location map showing the candidate parcel and all properties within five hundred (500) feet of its boundaries, zoning designation(s) for the parcel and surrounding properties, and any surrounding properties which have agricultural conservation easements in place or are being actively considered for such an easement(s); c. its score and ranking compared to other farms within the purchase of agricultural conservation easement target areas. The Planning Department will then facilitate the scheduling of a meeting of the full Agricultural Land Preservation Advisory Committee or successor Committee for the purpose of reviewing the application and making a recommendation to the Town Board as to whether the parcel warrants further consideration, and whether the Town Board should authorize the preparation of a formal appraisal of the property. The Agricultural Land Preservation Advisory Committee or successor 8 Committee in its evaluation will apply the eligibility criteria outlined above in making its recommendation to the Town Board. If more than one application is being considered in the course of any one meeting the Agricultural Land Preservation Advisory Committee or successor Committee shall make a recommendation to the Town Board regarding the prioritization of multiple applications. The Agricultural Land Preservation Advisory Committee or successor Committee in doing so shall take into consideration the number of points each parcel has been awarded under the criteria for ranking candidate parcels set forth below. Criteria for Ranking Candidate Parcels The following criteria were developed to allow the objective ranking of applications should the number of landowners who desire to sell an agricultural conservation easement to the Town of Ithaca in any one year exceed the number the Town could accommodate. Should there be a need to prioritize easement acquisition, the Town Board will utilize the criteria to establish a list of properties ranked according to their importance to the implementation of the overall purchase of agricultural conservation easements program. The criteria are comprised of a combination of factors to rank individual applications for participation in programs. They include: 1. development potential of the farmland tract based on factors such as amount of available road frontage, amount of non-agricultural development in the vicinity, proximity to public water and/or sewer service, soil suitability for onsite septic systems; 2. the size of the farmland tract on which the development rights are being offered for sale; 3. quality of soils with regard to suitability for agricultural uses, based on both USDA Soil Survey information and the amount of land in crops, orchards, pastures or grazing; 4. location of the candidate farmland tract relative to farms which already have agricultural conservation easements, or which are being considered for easement purchase: a key goal of the Town’s program is to create large contiguous areas of easement-protected farmland; 5. some indication of commitment to stewardship of the land, such as enrollment in soil conservation programs, the County Agricultural District program, or adherence to organic farming principles. The Town of Ithaca will use, fair, equitable, objective and non-discriminatory procedures in applying its criteria and ranking agricultural parcels for determining purchase priorities. Appendix B contains the criteria and points schedule used to rank candidate parcels for acquisition of agricultural conservation easements. 9 Appraisal Procedure An offer to purchase an agricultural conservation easement shall be based on one or more appraisal reports that estimate both market value and the farmland value of the candidate parcel. All appraisals shall be conducted by an appraiser who: 1) is a general certified real estate appraiser in the State of New York; 2) is qualified to appraise property for easement purchase; 3) is acceptable to the Town of Ithaca. The completed appraisal shall be used to determine the value of the easement. The purchase price offered for the purchase of the easement may not exceed the appraised value of the easement, however it can be less. Appraisals shall be conducted using the comparable sales method if comparable sales information is available. The entire acreage of the farmland shall be included in the determination of the value of an agricultural conservation easement, less the value of any acreage which was subdivided prior to the conveyance of said easement. Where a farmland tract involves land that was subdivided prior to the conveyance of said easement, the appraisal shall take into account any potential increase in the value of the subdivided land accrued from the placement of an easement on the remaining farmland. The value of a building or other improvement on the farmland tract may be considered in determining the easement value, however the value of said building or improvement shall appear separately in the appraisal report. For each appraisal the appraiser shall prepare a narrative report which contains, at a minimum, the following information, in the following format: I. Introduction i) Table of contents ii) Affidavit of Appraiser iii) Summary of Salient Facts and Conclusions iv) Purpose of the Appraisal v) Definition of Value Appraised vi) Appraisal Problem 10 II Property Description i) Description of the Subject Property, including a legal description; a location map; tax map parcel number; property zoning information; taxes and assessed valuation, including any exemptions; description of land improvements; description of building improvements; a soils map ii) Area or Neighborhood Analysis iii) Economic Trends iv) Sales History of Property III Valuation Analysis and Conclusions i) Present use of Property ii) Valuation Methodology: Market Value a. comparable sales data b. locational map of comparable sales iii) Market Value Estimate iv) Valuation Methodology: Farmland Value (v) Farmland Value Estimate (vi) Value of Improvements (vii) Easement Value (viii) Professional Qualifications of the Appraiser. At least four comparable sales shall be used for all appraisals. If the appraiser cannot obtain sufficient comparable sales data within the Town of Ithaca, the appraiser may use comparable sales data from other towns within Tompkins County. The appraiser shall note within their appraisal report that they could not obtain sufficient comparable sales data from within the Town of Ithaca. The use of comparable sales data that require adjustment of 50 percent or more is permitted only with the approval of the Town Board or its designated agent. Pertinent data for each comparable sale used in the preparation of the appraisal shall be stated in the appraisal report including but not limited to: date of sale; purchase price; road frontage in feet; topographical information; and soil conditions. The appraisal shall include an analysis comparing the pertinent data for each comparable sale to the subject farmland tract. In compiling comparable sales used to estimate the farmland value of the candidate parcel, the appraiser may use sales of land that are confined to agricultural use because of legal restrictions or physical impairments that make the land valuable only for agricultural use. Data may be gathered from farm real estate markets where farms have no apparent development value, with the approval of the Town Board or its designated agent. 11 The appraiser shall report whether the farmland tract has any public or private land use restrictions, or is in a floodplain, or has any physical attributes that may constrain its development for non-agricultural purposes. The location of each comparable sale used in the appraisal report shall be shown accurately on the comparable sales map and sufficiently identified and described. If adequate comparable sales data does not exist, then farmland values may be determined based on crop production or through capitalization of rental income information. The appraiser shall submit to the Town a least one original and four copies of their appraisal report, all of which shall be bound. Purchase Decisions The final decision regarding the purchase of an agricultural conservation easement shall rest with the Town Board. The Board will make its final purchase decision based on: 1. Consistency with the map “Purchase of Agricultural Conservation Easements: Target Areas, Town of Ithaca, Tompkins County, New York;” 2. Cost factors, including a) cost per acre of easement; and b) availability of funding; 3. Ranking of candidate parcel relative to other parcels under consideration for easement acquisition; 4. Proximity to other lands subject to easements; 5. Unusual or special circumstances specific to a candidate parcel, including but not limited to pending sale, potential foreclosure or estate settlement. The decision of the Town Board shall be made by a majority vote of the Board by resolution.. In the event that the Town Board decides not to make an offer to purchase an agricultural conservation easement on the farmland tract, the applicant shall be notified in writing. Purchase Offers Upon a decision by the Town Board to make an offer for the purchase of an agricultural conservation easement, the Board or its designated agent will meet with the applicant to discuss the offer. At this meeting the appraisal report will be reviewed with the applicant. If at that time the applicant indicates they are willing to continue with the easement sale, a formal offer by the Town Board shall be submitted in writing to the applicant and accompanied by the appraisal 12 report. The offer may be equal to or less than the appraised value of the easement. All contacts, correspondence or information exchanged between Town elected and appointed officials and Town staff during such negotiations shall be considered confidential to the extent allowed by state and federal laws governing access to public documents. Within thirty (30) days of receipt of the written offer from the Town Board an applicant may either: 1. accept the offer; 2. reject the offer; or 3. reject the offer, but secure an independent appraisal of the candidate parcel easement value, at their expense, in which event the applicant shall notify the Town of his or her intent to secure an independent appraisal, and have up to 30 days to retain an independent appraiser. The failure of the applicant to act within thirty (30) days of receipt of the written offer shall constitute rejection of the offer. The acceptance of a purchase offer by the applicant in a timely manner shall then constitute a binding contract of sale to the Town. The contract shall be subject to the ability of the applicant to provide good title to the premises, free of any encumbrances such as liens, mortgages, options rights of others to surface mineable rock, gravel or other extractable mineral resources, adverse ownership interests and other encumbrances which in the Town’s judgement would adversely impact the Town’s interest in the farmland tract. Easement Documentation Requirements All owners of farmland on which an agricultural conservation easement is being acquired shall execute a deed conveying the easement, in recordable form. The deed shall contain an accurate legal description setting forth the metes and bounds of the farmland tract subject to the easement, in form and substance acceptable to the Town and its attorney. All candidate parcels on which an easement is to be acquired, if required by the Town, shall be surveyed by a licensed land surveyor, unless the legal description setting forth the metes and bounds of the farmland tract subject to the easement conforms to a boundary survey completed within the past ten years. 13 Administration of Acquired Easements Pre-Closing Inspection Upon the formal acceptance of a purchase offer and prior to the acquisition of an agricultural conservation easement the Town Board or its designated agent will conduct an inspection of the candidate parcel for the purpose of documenting: 1. location, type and general condition of all buildings, ponds, farm lanes, and other improvements; 2. location and type of all pipelines, overhead utility lines and other such improvements; 3. location and type of all conservation related improvements on the property, including but not limited to terraces, dikes, drainage swales, visible drainage tiles and filter strips; 4. location and general character of existing hedgerows, woodlots, including an approximation of the type, size and age of existing trees; 5. other features of the property which may be affected by or affect the agricultural conservation easement under consideration. All inspections shall be performed between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, on a day and at a time mutually agreeable to the Town and the landowner. The landowner, at their option, may accompany the Town’s agent(s) on the inspection. Inspections may include the taking of photographs and/or use of videotaping by the Town’s agent(s). Any photos or images taken in the course of an inspection shall be the property of the Town of Ithaca. Within ten (10) days of completing an inspection, the Town Board or its designated agent(s) shall prepare a written report of the inspection documenting all relevant findings. Said inspection report shall be submitted to the landowner for their review and comment at least ten (10) days in advance of the closing date. The inspection report shall be signed by the landowner, and the Town Supervisor, prior to or at the time of closing. Easement Inspections The Town Board shall be responsible for inspecting lands on which agricultural conservation easements have been applied, and for enforcing the provisions of any agricultural conservation easements. The Town Board or its designated agent(s) will have the right to inspect lands on which agricultural conservation easements have been applied, and enforce the provisions of any agricultural conservation easement. These inspections will also be an opportunity for the landowner to discuss any issues or concerns 14 relating to the agricultural conservation easement, with the Town Board or its designated agent. The Town Board or its designated agent(s) shall inspect all lands on which agricultural conservation easements have been applied on an annual basis in order to ensure compliance with the applicable deed of restriction. The following procedure shall be used in the conduct of such inspections: 1. Written notice of said annual inspection shall be mailed by certified mail to the landowner at least ten (10) days prior to the inspection; 2. All inspections shall be performed between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays, or on a day and at a time mutually agreeable to the Town and the landowner; 3. Within ten (10) days of completing an inspection, the Town Board or its designated agent(s) shall prepare a written report that shall: a. identify the tract inspected; b. identify the owner(s) of the land; c. describe any modifications in the number, type, location and use of any new structures on the land since the filing of the agricultural conservation easement; d. outline any conservation practices being observed on the restricted land; e. include a statement of whether the provisions of the easement are being adhered to by the landowner. 4. The inspection report shall be submitted to the Town Board for its review and approval within 20 days of the inspection, or at the next regularly scheduled Town Board meeting. 5. Upon its approval by the Town Board a copy of the completed inspection report shall be mailed within ten (10) days of Town Board action. In the event that there is reasonable cause to believe that any provision of the agricultural conservation easement has been or is being violated, the Town Board or its designated agent(s) may inspect the land without prior notice. 15 Enforcing Easements In the event of the discovery of a violation of the terms of the agricultural conservation easement, either through an inspection or by other means, the Town Board or its designated agent(s) shall within ten (10) days send written notice of said violation, by certified mail, to the landowner. Said notice shall set forth the following information: a. a copy of the inspection report; b. a copy of the easement document; c. a description of the action or condition which constitutes the alleged violation; d. a statement of the measures necessary to correct the violation. Sixty days after the mailing of a notice of violation, the Town Board shall have all remedies available in law and equity. Because of the inability to ascertain damages to the Town because of breach, among other remedies the Town may commence and prosecute an action in the appropriate court seeking an order to require the correction of violation, to enjoin further violation of the terms of the easement, and other appropriate relief. At its discretion the Town Board will not commence such action under the following circumstances: 1. It determines that the violation has been corrected; or 2. It has approved a plan for mitigating or remediating the violation, the implementation of said plan to be undertaken at the owner’s expense; or 3. It determines that the owner of the restricted land has commenced taking the actions necessary to correct the violation; and 4. It determines that the corrective actions cannot be reasonably completed within 60 days; and 5. It has established a period not to exceed one (1) year within which the corrective measures shall be completed. If the violation has not been corrected within the timeframe established under (4) above the Town Board may commence and prosecute an enforcement action as outlined above. If, in the opinion of the Town Board, the easement can be amended in a manner that both corrects the violation, and results in an amended easement which results in equal or greater protections to agricultural lands, the Town Board amend the easement. The decision whether or not to amend an agricultural conservation easement shall be solely at the discretion of the Town Board. 16 The owner of the land on which the agricultural conservation easement is held shall bear all costs associated with the correction of a violation of the easement, including: 1. Costs of the work required and materials used to correct the violation; 2. Administrative costs incurred by the Town of Ithaca; 3. Court costs and reasonable attorney fees incurred by the Town of Ithaca in enforcing the easement. Permitted Uses - General Unless specifically prohibited by specific easement language, the following uses are to be permitted and are defined as customary, supportive and agriculturally compatible uses of farm properties, and are limited to the following: A. The direct sale to the public of agricultural products produced principally on the farm; B. Any and all structures contributing to the production, primary processing, direct marketing and storage of agricultural products produced principally on the farm; C. Structures associated with the production of energy for use principally on the farm including wind, solar, hydroelectric, methane, wood, alcohol fuel, and fossil fuel systems and structures and facilities for the storage and treatment of animal waste; D. Subject to the regulations set forth in the Town of Ithaca Zoning Ordinance, the provision of services or production and sale, principally by persons in residence, of agricultural goods, services, supplies and repairs and/or conduct of traditional trades and the production and sale of home occupation goods, arts and crafts, so long as these uses remain incidental to the agricultural and open space character of the farm and are limited to occupying or adjoining residential and/or principally agricultural structures of the Property; limited in site coverage to one-half of one percent of the area of the Property; E. Structures and facilities associated with irrigation, farm pond impoundment, and soil and water conservation; F. Subject to the regulations set forth in the Town of Ithaca Zoning Ordinance, the accommodation of tourists and visitors within principally family residential and/or agricultural structures otherwise permitted under the Ordinance so long as the accommodation of tourists and visitors is undertaken as a part-time or off-season minor enterprise and is incidental to the agricultural and open space character of the Property; 17 G. Subject to the limits set forth in the Town of Ithaca Zoning Ordinance, residential dwelling units, including the existing dwelling or dwellings, any future dwelling or dwellings which the grantor intends to build, and accessory buildings and improvements including but not limited to apartments located within the primary residence, swimming pools, storage sheds, garages, tennis courts or other outdoor recreational facilities. The grantor may maintain and repair residential buildings and their accessory buildings and improvements without prior notice to the Town of Ithaca. Notice shall be provided by the grantor to the Town of Ithaca prior to the replacement or enlargement of existing residential buildings and their accessory buildings and improvements, or the construction of new residential buildings, accessory buildings or other improvements. The Town Board or its designated agent(s) shall have the opportunity at such time to review such proposals to ensure compliance with the terms of the easement, prior to the issuance of any building permit by the Code Enforcement Officer; H. Subject to the limits set forth in the Town of Ithaca Zoning Ordinance Department of Health regulations and in the agricultural conservation easement itself, farm support housing for use by farm tenants, employees, seasonal employees and family members, including but not limited to single- and multi-family structures, camping trailers and recreational vehicles, upon prior notice to the Town of Ithaca; I. Other similar uses upon written approval of the Town of Ithaca Town Board. Subdivision of Lands Subject to an Easement Land subject to an agricultural conservation easement may be subdivided, provided the owner(s) meet(s) the criteria listed herein below. Subdivisions contrary to these criteria will not be permitted. Liability for all expenses incurred for such subdivision shall be the sole responsibility of the landowner(s). The burden of proof that any proposed subdivision of land subject to an agricultural conservation easement conforms to and complies with the Act, the Regulations and the present Subdivision Guidelines shall be upon the applicant(s)/ landowner(s). The Town of Ithaca may attach reasonable appropriate conditions upon any subdivision approval of land subject to an agricultural conservation easement as may be necessary to insure perpetual compliance with the Act, the Regulations, the Deed of Agricultural Conservation Easement, and the present Subdivision Guidelines. The owner(s) of a tract of land subject to an agricultural conservation easement may subdivide the property, provided that the following general criteria are met: (1) The subdivision furthers an agricultural purpose, including the expansion of an existing agricultural operation, and all farm tracts created by the subdivision are and will remain economically viable for agricultural production; and 18 (2) The subdivision is consistent with the Statement of Purpose of the Town of Ithaca Agricultural Land Preservation Program, under all of the relevant circumstances; and (3) The subdivision conforms with all applicable State and Town of Ithaca planning, zoning, subdivision and other requirements, including the Town of Ithaca Subdivision Regulations, State Environmental Quality Review Act, Article 25AAA of the Agriculture and Markets Law, and relevant provisions of General Municipal Law Section 239; and (4) The number of new parcels which may be created through subdivision of land on which the Town of Ithaca has an agricultural conservation easement shall depend on the area of the land under easement, and shall not exceed the number allowed by the following schedule: Land area on which Total number of Town has easement farm tracts permitted 0 to 29 acres 0 30 to 59 acres 1 60 to 89 acres 2 90 to 159 acres 3 160 to 239 acres 4 240 acres or larger 1 farm parcel per 60 acres (5) The subdivision meets the following specific criteria: (a) The subdivision will not have an adverse impact on: (a) soil and water conservation projects that have been installed on the land; (b) water rights and water access points; (c) the utilization and availability of farm structures, barns and infrastructure. (b) All tracts created by the subdivision shall be appropriately shaped and located in such a fashion that they are economically viable for agricultural production, and such subdivision shall not render agricultural production of any of the resulting farm tracts less efficient (for example, fields and contour strips shall not be split). (c) At least forty percent (40%) of the soils in each parcel resulting from the subdivision must be harvested cropland, orchard, pasture or grazing land. (d) Fifty percent (50%) of the soils in each parcel resulting from the subdivision must be in USDA Soil Classes I-IV. (e) In the case where an easement allows one additional residential structure, the owner shall indicate on which subdivision parcel the one allowed residential structure might be constructed. 19 (f) No subdivision of land subject to an easement shall become final until the owner has secured final subdivision approval from the Town of Ithaca Planning Board. (g) The Town Board consents to the subdivision. Subdivisions for the sale or exchange of parcels of land by adjacent property owners both or all of which are under a form of preservation easement containing covenants analogous to or as restrictive as those in the easements held by the Town of Ithaca are permitted, subject to the balance of the general and specific criteria. The farm residence and associated farm buildings shall all be on one tract of at least 100 acres, or, if the original tract is less than 100 acres in size, on a tract of equal or larger size than the original. Subdivision Procedures/Requirements: Landowner(s) should submit plans for proposed subdivision to the Town Planning Department staff at least 30 days in advance of proceeding with detailed subdivision mapping. Staff will then review the proposed plat for consistency with the policies of the Agricultural Land Preservation Program, the requirements of the Town of Ithaca Zoning Ordinance and Town of Ithaca Subdivision Regulations. In this regard, landowner(s) is/are advised to carefully consider, prior to the submission of an application for the purchase by the Town of the original agricultural conservation easement, the exclusion from the proposed coverage of the easement of any land which the landowner(s) may wish to develop for non-farm purposes in the future. Following a preliminary review and discussion with Planning Department staff, the applicant (s) shall, in accordance with the Town of Ithaca Subdivision Regulations, submit a subdivision application for review and consideration of approval by the Planning Board. In addition to the requirements of the Town of Ithaca Subdivision Regulations, applicants shall also submit the following documents: 1. A letter of intent signed by the landowner(s) requesting the subdivision review and explaining the reasons for such a subdivision, including evidence that the agricultural economic viability of the resulting parcels will not be diminished as a result of the proposed subdivision. 2. Size and soils information for the proposed parcels, which information should be obtained from the Natural Resources Conservation Service (NRCS) or Tompkins County Soil & Water Conservation District (TCSWCD) offices. The Town of Ithaca Agricultural Land Preservation Advisory Committee or successor Committee shall receive copies of all such subdivision requests within five (5) working days of receipt of an application by the Planning Department. The Agricultural Land Preservation Advisory Committee or successor Committee shall have 30 days to review the application and make a written recommendation to approve, approve with specific conditions or modifications, or 20 disapprove the proposed subdivision. The Agricultural Land Preservation Advisory Committee or successor Committee shall conduct its discussion of the proposed subdivision in an open meeting, and hear arguments for or against said subdivision from interested parties, prior to making its recommendation to the Planning Board. The applicant(s) shall have the burden of demonstrating, by a preponderance of the evidence, that the criteria set out in these Subdivision Guidelines, as well as their commitments under the easement to the Town of Ithaca, have been satisfied. If the applicant fails to do so, the Board shall not approve the application. The request for subdivision will be reviewed at a public hearing before the Planning Board per the procedures outlined in NYS Town Law and the Town of Ithaca Subdivision Regulations. The Planning Board shall not consider a proposed subdivision until the Agricultural Land Preservation Advisory Committee or successor Committee has made its recommendation, or the 30-day time period has expired. The applicant agrees that any required time period under State law or Town Subdivision Regulations for action by the Planning Board is automatically increased by such 30- day period. Annual Report & Records Management The Town Board shall prepare an annual report on all activities related to the Agricultural Land Preservation Program, and make such report available to the public. The report will be completed and made available for public review on or before April 1, and cover the activities of the Program during the previous year. All original, final, or legal documents associated with the acquisition of agricultural conservation easements and implementation of the Agricultural Land Preservation Program shall be filed in the office of the Town Clerk. 21 APPENDIX A TOWN OF ITHACA AGRICULTURAL EASEMENT APPLICATION FORM GENERAL INFORMATION: Name(s): _________________________________________________________________________ Address: __________________________________________________________________________ Street City State Zip Home Telephone: ( ) - Best time to contact: _______________ Work Telephone: ( ) - Best time to contact: _______________ Home Address if Different: ________________________________________________________________ Street City State Zip Total acreage of farmland tract: _____________________ Town Tax Map Parcel Number(s): ________________________________________________________ Do you own and farm this tract? Yes_______ No_______ If not, name of tenant farmer: Relationship to applicant of tenant farmer, if any:_____________________________________________ What year was the property first purchased by a family member? ________________________________ Are there any utility right-of-ways or easements through this property that you are aware of? ___________ If so, what are they? _____________________________________________________________________ Total acreage offered for easement purchase: _________________ (Please subtract out any exclusion) Reason for exclusion: ___________________________________________________________________ _____________________________________________________________________________________ Are you interested in the possibility of donating all or a portion of your conservation easement? Yes __________ No __________ Possibly, I would like more information __________ Deed Reference(s): Book ______ Page ______ ; Book _______Page ______ ; Book _______ Page ______; Book _______ Page _______: Book _______ Page _______: Book _______ Page _______: 22 (blank page) 23 Is parcel enrolled in the Tompkins County Agricultural District program? Yes ________ No _______ Are you aware of any land in your immediate area with an agricultural or other type of perpetual conservation easement? If so, please describe: __________________________________________________________________ SOIL CONSERVATION PLAN INFORMATION: The applicant is required to request a review of their conservation plan by the Natural Resource Conservation Service. Enclosed with this application are the instructions to request such a review. The NRCS/TCSWCD Acknowledgment Form must be included with this application to deem it complete. FARM DESCRIPTION Please briefly describe your farming operation. Please include any other rented land, etc. This is to give the Town the “overall” picture of your total operation. (Continue on back if needed.) Please complete the following table showing the land use of the farmland tract offered for easement purchase as a part of this application. Cropland or Orchard Pasture “Other” Land Wooded Excluded Total ________ac. plus ________ac. plus _________ac. plus _________ac. minus ________ac. = _________ Please specify what you have categorized as “other land” (land occupied with home site, buildings, ponds, wetlands, etc.): ________________________________________________________________________ “Excluded” land is land which is not being offered for an easement conveyance. Your “Total” amount should equal the total acreage offered for easement purchase. 24 (blank page) 25 APPRAISAL AND PURCHASE STATEMENT: Applicants, selected by the Town Board in a competitive evaluation among all applications, will be offered an appraisal to determine the development and agriculture values of the property. Those applicants who accept the appraisal offer will be required to complete an appraisal request form. Applicants may accept or reject the Town’s appraisal. If rejected, applicants may order another appraisal from a qualified appraiser at their own expense. The Town Board may offer less, but no more, than the appraised value of the property; or the Board may decide not to make an offer after an appraisal has been completed. Applicants reserve the right to accept or reject the offer by the Town. SIGNATURES: It is necessary for ALL owners of the farmland tract to give their approval and consent to this application. I/we have read and understand the “Appraisal and Purchase Statement” and to the best of my/our knowledge, the information submitted in this application is true and correct. Signed: Date: Date: Date: Date: Date: 26 (blank page) 27 Appendix B Criteria for Ranking Candidate Parcels for Purchase of Agricultural Conservation Easements. ATTRIBUTE POINTS Development Potential (Max. 70 pts.) Amount of road frontage - road frontage of 1.5 miles or more 30 - 1.25 to 1.5 miles 26 - 1.0 to 1.25 miles 22 - 0.75 to 1.0 mile 18 - 0.5 to 0.75 mile 14 - 0.25 to 0.5 mile 10 - 500 feet to 0.25 mile 6 - less than 500 feet 0 Extent of non-agricultural uses in area (ten or more developed lots of 10 acres or less) - adjacent to within 1/4 mile of property boundary 20 - within 1/4 mile to 1/2 mile of property boundary 15 - within 1/2 mile to 3/4 mile of property boundary 10 Proximity to public water, sewer - public water or sewer within 1,000 feet. or less 20 - public water or sewer within 1,000 feet to 1/2 mile 16 - public water or sewer within 1/2 mile to 3/4 mile 12 - public water or sewer within 3/4 mile to 1 mile 8 - public water or sewer within 1 mile to 1 1/2 mile 4 - public water or sewer 1 1/2 mile or farther away 0 Farmland Potential (Max. 80 pts.) Acreage of tract being offered for easement - 100 acres or more 25 - 50 acres to 99 acres 18 - less than 50 acres 13 Percent of land offered for easement used at time of application for crops, orchards, grazing or pasture - 90% to 100% 25 - 80% to 89% 20 - 70% to 79% 15 - 60% to 69% 10 - 50% to 59% 5 - 49% or less 0 Land coverage by soils class as defined by USDA Soil Survey for Tompkins County 75% or more of tract covered by Class I and II soils 30 50% to 74 % of tract covered by Class I and II soils 24 50% or more of tract covered by Class I, II, and III soils 15 less than 50% of tract covered by Class I, II, and III soils 0 28 (blank page) 29 Scenic/Environmental Resources on Property (Max. 20 pts.) - 30% or more of the tract's boundary adjoins a State or Town park or bikeway 8 - 15% to 30% of the tract's boundary adjoins a State or Town park or bikeway 4 - 30% or more of the tract's boundary adjoins a privately held natural preserve 8 - 15% to 29% of tract's boundary adjoins a privately held natural preserve 4 - a portion of the tract is within a Tompkins County Unique Natural Area 4 Stewardship (Max. 30 pts.) Enrolled in T.C. Agricultural District Program 10 Participation in NRCS/TCSWCD soil/water conservation programs - An approved soil/water conservation plan in place, implemented and up to date 10 - An approved soil/water conservation plan in place and partially implemented 5 - No approved plan in place, or approved plan in place but not implemented 0 Certified as an organic farm operation by Northeast Organic Farmers Association 10 (NOFA), (OCIA) or other organization 10 Clustering Potential (helps create contiguous tracts of farmland) (Max. 80 pts) Proximity to existing protected tracts of farmland - adjacent to tract with PACE easement in place 20 - within 1/4 mile of tract with PACE easement in place 16 - within 1/2 mile of tract with PACE easement in place 12 - within 1 mile of tract with PACE easement in place 8 - more than 1 mile from tract with PACE easement in place 0 If more than 1 mile from existing protected tract, then proximity to farms also under consideration for PACE acquisition - adjacent to tract with PACE easement acquisition pending 20 - within 1/4 mile of tract with PACE easement acquisition pending 16 - within 1/2 mile of tract with PACE easement acquisition pending 12 - within 1 mile of tract with PACE easement acquisition pending 8 - more than 1 mile from tract with PACE easement acquisition pending 0 Amount of parcel located within Town of Ithaca AG-Agricultural zoning district - tract is zoned AG-Agricultural 10 - at least 70 % of tract is zoned AG - Agricultural 8 - at least 50% of tract is zoned AG-Agricultural 6 - less than 50% of tract is zoned AG-Agricultural 4 - no portions of tract are zoned AG-Agricultural 0 Percentage of surrounding area in agricultural or open space uses - 75% or more of tract's boundaries adjoin land in agriculture or open space use 15 - 50% to 74% of tract's boundaries adjoin land in agriculture or open space use 10 - 25% to 49% of tract's boundaries adjoin land in agriculture or open space use 5 - less than 25% of tract's boundaries adjoin land in agriculture or open space use 0 30 (blank page) 31 Percentage of adjoining land enrolled in County Agricultural District assessment program - 75% or more of tract's boundaries adjoin lands enrolled in Ag. District 15 - 50% to 74% of tract's boundaries adjoin land enrolled in Ag. District program 10 - 25% to 49% of tract's boundaries adjoin land enrolled in Ag. District program 5 - less than 25% of tract's boundaries adjoin land enrolled in Ag. District program 0 Other (Max. 60 pts) Landowner willing to sell rights below market value 25 Landowner willing to receive payments in installments 25 Transfer of property via sale, estate settlement, or foreclosure imminent 10 32 (blank page) 33 Appendix C Request for Review Form Natural Resource Conservation Service/ Tompkins County Soil & Water Conservation District For Application To The Town of Ithaca Agricultural Land Preservation Program Review of Conservation Plan(s) T-________ , T-________ , T-________ , T-________ , T-________ Owner Location of farm(s) Is there a District Cooperator Form on file for this farm? _______ Yes ______ No A Conservation Plan must cover all cropland, orchard, grazing land or pasture. Please check appropriate line: An approved Conservation Plan has been fully implemented or has been kept up to date. An approved Conservation Plan has been partially implemented. A Conservation Plan has been approved, but has not been implemented. There are no approved plan(s) for this farm on file. Comments: Signature of Reviewing Representative Date