<div class="chunk-title">Sec. 58-72. - Purchase of conservation easements.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">General.</span> The county may purchase conservation easements in agricultural and/or open space
               lands. All applications for the purchase of conservation easements will be evaluated
               based upon the farmland preservation ranking system as described in<a href="" data-chunk-id="COOR_CH58PLDE_ARTIIIFAPRPR_DIV4AGCOEAPR_S58-79FAPRRASY" class="section-link" data-product-id="12776"> section 58-79</a>. Applications will be ranked based upon various site factors. Conservation easements
               may be purchased in accordance with the ranking of farm properties and the availability
               of allocated funds. Compensation for conservation easements will be based on the advisory
               board's determination of the difference between fair market value and agricultural
               or open space value appraisals. The purchase price will be subject to negotiation.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Description.</span> The purchase of conservation easements is legally binding, restricting the owner
               and future owners to agricultural and/or open space use of the land. The conservation
               easements will be held in public trust by the county, or transferred to a private
               nonprofit conservation organization. Conservation easements will be in perpetuity
               and in compliance with the North Carolina Conservation and Historic Preservation Agreements
               Act and applicable federal and state tax laws.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Authority.</span> Buncombe County Soil and Water Conservation District acts as a department of Buncombe
               County. Buncombe County gives Soil and Water Conservation District the authority to
               apply for grant funding on behalf of the county. Buncombe County gives the Soil and
               Water Conservation District director and designated staff signature authority on conservation
               easement applications, and allows Soil and Water Conservation District to use Buncombe
               County's tax ID and DUNs number to apply for conservation easement grant funding on
               behalf of Buncombe County. Buncombe County gives the Buncombe County Soil and Water
               District authority to enter into cooperative agreements with the United States Department
               of Agriculture Natural Resource Conservation Service (USDA NRCS), North Carolina Department
               of Agriculture and Consumer Sciences Agricultural Development and Farmland Preservation
               Trust Fund (NCDA&amp;CS ADFP) or other agencies to facilitate easement purchase.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Minimum eligibility criteria.</span> The agricultural and/or open space land must be at least ten acres in size or contiguous
               to a ten-acre tract for which a perpetual conservation easement exists, and be in
               agricultural and/or open space use.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Application procedure.</span> An application must be submitted to the advisory board or its designee on behalf
               of Buncombe County.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Review and ranking of application.</span> The applications will be ranked by the Soil and Water Conservation District and the
               county planning department. The Soil and Water Conservation District will rank each
               of the applications using the soil assessment and the conservation criteria in the
               farmland preservation ranking system. The Soil and Water Conservation District will
               forward the application and the soil assessment to the planning department which will
               rank each of the applications using the site assessment criteria of the farmland preservation
               ranking system. After the Soil and Water Conservation District and county planning
               department have ranked the application, the Soil and Water Conservation District will
               prioritize applications and make recommendations to the advisory board.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Acquisition.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The Soil and Water Conservation District attorney will obtain two appraisals on tracts
               considered for entry into the program. One appraisal will establish current fair market
               value of the property at its current highest and best use. The second appraisal will
               establish the value of the property for agricultural or open space use. Payment for
               these appraisals will be based upon negotiations with the landowner at the county's
               discretion.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Upon receiving the written appraisals, the Buncombe County Farmland Preservation Coordinator
               will review the appraisals and determine if they meet landowner objectives. The farmland
               preservation coordinator will review the appraisals with the landowner to insure the
               landowner has an understanding of the process and the contents of the appraisals.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The Soil and Water Conservation District attorney will cause any necessary title examinations
               to be performed and all documentation to be prepared. If the property in question
               is subject to mortgage(s) or lien(s), a subordination agreement or waiver must be
               secured from the mortgage or lien holder. Closing will not take place until this requirement
               is met. The Soil and Water Conservation District attorney will assist in securing
               this agreement with the mortgage or lien holder, at the request of the landowners.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Upon preparation of appropriate legal documents covering titles, deeds, surveys, and
               subordination agreements, the closing will be scheduled. Prior to closing, all legal
               documents will be reviewed by the county and the Soil and Water Conservation District
               attorneys for verification and accuracy. At closing, the owner will execute appropriate
               full warranty documents conveying conservation easements to the county in perpetuity.
               After proper recordation of necessary instruments, the landowner will be presented
               a check. The county may bear all closing and related costs.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">Public disclosure.</span> During negotiations concerning the purchase of conservation easements, information
               will be kept confidential, as allowed by law. Following a purchase agreement, information
               may be made public as provided by law.
               </p>
            		
            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="797622">
                  Ord. No. 16-11-01
                  </a>
               , Â§ 1(Exh. A), 11-1-16)
               </p></div>