HomeMy WebLinkAbout11.28.06 Open Space Referendum Discussion
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Open Space Referendum Discussion
DATE: November 28 2006
INTRODUCTION
On November 7th the Andover voters approved the approved the "Preservation of Water, Wildlife, and
Natural Habitat Areas" ballot question. With this approval the City council has the ability to levy taxes to
meet what was identified in the approved ballot question below:
"Shall the City. of Andover, Minnesota, be authorized to issue its general obligation bonds in an
amount not to exceed $2,000,000 to finance the acquisition of land from willing sellers for the
preservation of natural areas, water and air quality and wildlife habitat? Spending would be
subject to an annual audit."
DISCUSSION
To assist in making the next steps I anticipate that the City will utilize a number of resources along the way
such as the Trust For Public Land, DNR and the Anoka County Soil and Water Conservation District to
prepare for the purchase or preservation process. It is also anticipated that the City Council will want to
start the process of interviewing individuals to serve on a City of Andover established commission to assist
the Council. Co~cil concurrence is sought here.
Also attached to this report are materials gathered from Washington County that focuses on their purchase
of development rights program. Washington County has spent a considerable amount of resources on .
preparing for their referendum, and I thought they would be a good source of data as Andover prepares to
move forward.
ACTION REOUESTED
The Council is requested to discuss the timing of the implementation of the ballot question and identify
concerns or desires the Council may have as the implementation proceeds.
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Washington County, MN - TPD - PDR Document Page 1 of 11
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Your County Purchase of Development Rights Program
Government Links Policy and Procedures Document
County Mission
Advisory Boards
Committee . Purchase of Development Rights - Ordinance 144
Vacancies . Green Corridor Opportunity Areas Map (PDF)
County Calendar . PDR Criteria Worksheet
Performance . PDR Site Evaluation Criteria
Measurement - 2005
Residential Survey SECTION 1.. PURPOSE AND AUTHORIZA TION
Results - 2006
Land Protection The following program guidelines describe the policies and procedure that will be used to
Funding
Referendum implement the Washington County Purchase of Development Rights (PDR) Program, as
- PDR Intro - authorized by the Washington County Purchase of Development Rights Ordinance.
Purchase of Dev (Ord. 144)
Rights I The purpose of the PDR Program is to preserve open space, including natural and scenic
i areas and productive agricultural land, through the purchase of development rights from
\
!( ') voluntary applicants. Through a PDR Program, private landowners can receive
( compensation for their role in providing open space protection while continuing to use
') their land. The fee title to these lands remains in private ownership.
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SECTION 2. DEFINrrIONS
For the purpose of this Program, certain words and phrases are defined as follows:
(1) Agricultural land: land whose use is devoted to the production of crops, livestock, and
vegetables, as well as to dairy, poultry and horticultural products, equestrian activities and
alternative products of the land.
(2) Conservation Easement: A non possessory interest of a holder in real property
imposing limitations or affirmative obligations the purposes of which include retaining or
protecting natural, scenic, or open-space values of real property, assuring its availability
for agricultural, forest, recreational, or open-space use, protecting natural resources,
maintaining or enhancing air or water quality, or preserving the historical, architectural,
archaeological, or cultural aspects of real property. (Minnesota Statutes, Chapter 84C.)
(3) Corridor: Protected areas of open Space linked together throughout the community.
(4) County Board: The Washington County Board of Commissioners.
(5) Development: An activity which materially alters or affects the existing conditions or
use of any land.
(6) Development Rights: An interest in and the right to use and subdivide land for any and
all residential, commercial and industrial purposes and activities which are not incident to
agriculture and open space.
(7) Eligible Land: Properties for which the purchase of development rights is authorized
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pursuant to the Purchase of Development Rights Ordinance.
(8) Open Space: Land used for agriculture, natural habitat, pedestrian and/or scenic
views, that is undivided and permanently protected from future development.
(9) Resource Values: The values that a conservation easement is intended to protect, as
defined and recorded in the baseline documentation. Values may include but are not
limited to natural habitat, productive agricultural land, scenic views and. connections to or
extensions of existing parks or protected open space.
(10) Selection Round: A cycle of the Purchase of Development Rights Program, from initial
advertisement of the program through completion of offers to purchase development
rights conservation easements.
SECTION 3. SCOPE AND COVERAGE OF THE PROGRAM
Through a series of public forums and other meetings facilitated by the Green Corridor
Project, Washington County residents and public officials were able to express their
opinions on the high value natural resource areas in the County. The results of the public
,input, as well as extensive analysis and mapping of natural areas in Washington County,
are presented on the map Green Corridor Opportunity Areas, Attachment 1 (PDF)
The resources that form the Opportunity Areas include high quality agricultural land,
natural habitat land, and scenic areas; environmentally sensitive areas; and connections
between open space areas.
Specific criteria that were used to define the Washington County Opportunity Areas
include:
. high quality soils
. MN County Biological Survey sites and areas
. large blocks of contiguous agricultural land
. Iprge blocks of contiguous natural habitat
. presence of vegetated stream corridors
. trout streams
. undeveloped lake shore
. presence of erosion prone soils
. ground water sensitivity
. scenic areas valued by County residents
. grasslands
. forest interior
SECTION 4. ROLES AND RESPONSIBILITIES
The administration of the PDR program involves the County Board of Commissioners, a
PDR Advisory Committee, and County staff. The administrative roles and responsibilities of
each of these groups are outlined below.
County Board of Commissioners
The County Board of Commissioners is the policy-making body for the County. The County
Board originates the PDR Program through ordinance and has oversight authority for the
Program. Other responsibilities include:
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. Overseeing program administration
. Approving program rules
. Appointing PDR Advisory Committee members
. Establishing yearly funding levels
. Establishing the 'split' between the countywide program and any matching grants to
local governments
. Directing appraisals or valuations of easements
. Approving easement purchases
. Awarding matching grants
. Approving financing mechanisms and accepting grants
Program Staff
County staff will administer the PDR program on a day-to-day basis. Staff will provide
support to the PDR Advisory Committee and County Board. The capabilities of staff could
include, program administration, planning, and resource management. Additionally, it is
desirable for staff to have knowledge of land conservation programs and financing, and
knowledge of agriculture and ecology.
. In addition to staff assigned directly to the PDR Program, support will be needed
from the following County staff:
. Attorney's Office - review of easement language
. Assessment, Taxpayer Services and Elections Department - appraisals/easement
value
. Recorder's Office - ensuring easements are recorded
. Transportation and Physical Development Department - land use and land
management
. Public Health Department - groundwater and surface water issues
. Real Estate Acquisition Committee - review of recommended easement purchases
The speCific responsibilities of PDR Program staff will include:
. Creating and distributing materials to promote the program
. Overall administration of program and financial management
. Soliciting applications - advertising, publicity
. Advising applicants and potential applicants
. Initial screening of applications for eligibility
. Initial evaluation of eligible parcels according to criteria; preparation of reports to
Advisory Committee
. Negotiations with landowners of eligible parcels - easement prices, bargain sales,
additional development sites, etc.
. Determining easement value
. Soliciting comments from local governments, watershed associations, etc.
. Support to Advisory Committee -- mailings, meeting coordination, minutes, etc.
. Seeking County Board approval of the recommended easement purchases
. Assisting the Minnesota Land Trust in negotiating conditions of easement with
landowners and oversight of the Minnesota Land Trust as easement holder and
monitor, if chosen to assist the County with these duties
. Environmental risk analysis (due diligence)
. Ensuring that easements are recorded
. Ensuring that subdivisions or plats clearly identify parcels on which development
rights have been sold and extinguished
. Seeking additional outside funding
PDR Advisory Committee
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(' The County will use an expended Parks and Open Space Commission as itsPDR Advisory
Committee. A liaison from the Planning Advisory Commission will be added. Additional
; members may be added to achieve representation from the following interests:
(1) farmers;
~ \ (2) landowners;
) (3) local units of governments, including but not limited to cities, towns, and water
management organizations;
(4) citizens at large with knowledge or experience related to the purpose of the program;
f (5) conservation organizations;
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\ (6) residents of each County Commissioner's district;
(7) a Soil and Water Conservation District Board member; and
(8) a member of the Washington County Board of Commissioners.
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Each member may represent one or more of the above interest groups.
The Advisory Committee will also include non-voting technical advisory members from
agenCies involved in land and water protection activities, such as the Natural Resources
Conservation Service, the Soil and Water Conservation District, and the Department of
Natural Resources.
The Advisory Committee shall be appointed to staggered three-year terms. The initial
members shall be appointed to one-year, two-year and three-year terms so that no more
than five members' terms expire in one year. Each member may serve a maximum of two
consecutive three-year terms.
The PDR Advisory Committee is assigned the following duties and responsibilities:
. Make recommendations to the County Board regarding selection criteria;
. Review applications that meet the initial eligibility criteria;
y . Visit and evaluate sites based on "Phase 2" criteria as outlined in Section 5 of this
document;
. Evaluate applications based on available funding and potential for bargain sale or
additional funding;
. Review comments from local units of governments and watershed management
organizations;
. Recommend parcels to County Board for purchase of Conservation Easements;
. Assist in seeking funding opportunities; and
. Provide input to County on all program activities.
SECTION 5. EUGIBILITY AND PRIOIUTXES
The following criteria shall be considered in determining which offers to consider in any
Selection Round.
Initial Eligibility
Threshold eligibility requirements for the PDR Program define which landowners can
submit applications to sell their development rights. All of the following factors must be
present for a property to be considered for purchase of development rights:
(1) A voluntary application is submitted by the property owner;
(2) The property is included within the Green Corridor Opportunity Area;
(3) The minimum parcel size corresponds to the minimum lot size of the applicable zoning
(3)
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district, except in cases where it can be demonstrated that the parcel fills a significant gap
between, or is adjacent to, other protected high-value resources or open space; and
(4) The parcel must have some development rights remaining under current zoning.
Parcels that have been developed to the maximum allowed under density-based zoning
are not eligible. Preferences will be given to parcels that have the ability to serve multiple
public purposes, such as storm water management, recreation, etc. (to be determined by
field survey, comments from local government units and additional research), and are
adjacent to waterways, bike trails, County parks and other public facilities.
Phase I Ranking Criteria
The following criteria are recommended to be used for the Phase I Ranking of applications.
At the start of a Selection Round, point values will be assigned to each criterion on the
PDR Criteria Worksheet contained in Attachment 2 of this document. The point
values contained in Attachment 2 are recommended, however, they may be modified by
resolution of the County Board prior to each Selection Round. (See attached for Year
2000 Pilot Program Site Evaluation Criteria adopted by County Board
Resolution.)
Natural Resource Values
(A) Within areas of substantial forest interior, as defined on "Forest Interior Criteria
Layer, II Green Corridor Project map.
(B) Frontage along a lake, river or stream, as defined in the Department of Natural
Resources Protected Waters Inventory.
(C) County Biological Survey site or area, as defined in the Department of Natural
Resources Minnesota County Biological Survey for Washington County.
(D) Presence of erosion-prone solis and steep slopes, as defined in the Washington County
Soil Survey.
Agricultural Values
(A) Within large blocks of active agriculture, as defined on "Large Blocks of Agriculture
Criteria Layer, II Green Corridor Project map.
(B) Prime or significant farmland soils, as defined in the Washington County Soil Survey.
(C) Enrollment in Metropolitan Agricultural Preserves or Green Acres programs.
(D) Historic farmstead or landmark as defined in the National or State Historic Register of
Sites or the Washington"County History Network Historic Site Inventory.
Spatial Values
(A) Proximity to parks or other protected Open Space (adjacent to or within 1f2 mile).
(B) Application size of 80 acres or more (could include multiple contiguous parcels under
single ownership).
(C) Public access provided (enhancing existing recreational opportunities receive greater
points).
(D) Presence in a corridor designated scenic by congressional or state legislative action, by
local unit of government resolution, or some other formal method (existing corridors
include St. Croix Riverway and County Road 21).
(E) Planned for municipal sewer service (a negative point value).
Planning and Zoning Considerations
(A) Comprehensive plan designation for agriculture, resource protection or an equivalent
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Washington County, MN - TPD - PDR Document Page 6 of 11
designation.
(B) Zoning densities of 1 unit per 10 acres or lower (densities receive greater point
values).
Phase 2 and Site Visit Ranking Criteria
The following criteria shall be considered for use in conjunction with site visits, to
determine final ranking of parcels recommended for conservation easement purchase.
Point values will be established by resolution of the County Board prior to each Selection
Round.
(1) Additional natural values, based on field survey.
(2) Additional scenic or historic values, based on field survey and research.
Factors such as the willingness of the landowner to offer a bargain sale, opportunities for
leveraging additional funding, or multiple applications from the same general area, will be
considered in developing a list of "Recommended Parcels".
SECTION 6. APPLICA TION AND SELECTION PROCESS
Each PDR Program Selection Round will have an application and selection process
conducted by County staff, a PDR Advisory Committee, and the County Board of
Commissioners. The purpose of this process is to prioritize parcels among the applications.
The application and selection process is illustrated in the Selection Round Flow Chart,
Attachment 3. (PDF)
Acceptance of Applications.
County staff will accept applications during a set period within a Selection Round.
Applications are intended to indicate an interest in participating in the Program, and do
not represent a binding commitment or offer to sell a conservation easement.
Screening and Phase 1 Ranking of Applications.
County staff will screen applications for eligibility and rank the eligible parcels using the
criteria in Section 5, Eligibility and Priorities. This Phase 1 ranking will result in a list of
"Candidate parcels" that are ranked in order of relative priority. County staff will solicit
comments on all "Candidate Parcels" from the applicable local units of government and
water management organizations.
Site Visits and Phase 2 Ranking of Candidate Parcels.
County staff will coordinate site visits by the PDR Advisory Committee for all "Candidate
Parcels". The PDR Advisory Committee will rerank the "Candidate Parcels" using the Phase
2 - Site Visit Criteria listed in Section 5 and the local unit of government comments. This
Phase 2 Ranking will result in a list of "Recommended Parcels" that will be submitted to
the County Board for review and approval to pursue conservation easement valuations.
Real Estate Acquisition Committee Review.
The Washington County Real Restate Acquisition Committee reviews parcels of land that
the County is considering for purchase. It screens for such things as unpaid takes, survey
problems, pollution concerns, abandoned wells, and title problems. This Committee will
review each parcel on the "Recommended Purchases" list prior to purchase offerS being
made to landowners. Major problems that are uncovered will be brought to the attention
of the County Board prior to making an offer to purchase development rights.
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Conservation Easement Valuations and Negotiation.
(1) Conservation Easement valuations will be conducted as described in Section 7. An
agent of the County will negotiate price and conservation easement terms with
landowners. Landowners may make offers to sell at a price lower than the conservation
easement value (bargain sale) during this period.
(2) Based on conservation easement values, bargain sale offers, availability of additional
funding for specific purchases, comments from local government units, and other factors,
the PDR Advisory Committee will prepare a prioritized list of "Recommended Purchases"
for approval by the County Board.
(3) The County Board may accept the list of "Recommended Purchases" or modify the list
by removing sites or adding any sites from the list of "Candidate Parcels." The County
Board will approve the purchase of conservation easements based upon available funding.
Those not funded will be placed on a waiting list.
Offers to Purchase,
Upon County Board approval, offers to purchase conservation easements will be tendered
to the landowner. Based on negotiations with the landowner and other factors, an offer
may specify terms, contingencies and conditions not contained in the original application,
but only after approval by the County Board. A period will be established within which
landowners may accept or reject offers to purchase. If an offer is rejected, funds will be
reallocated to the next available parcel on the waiting list.
Closing and Payment.
Settlement will occur following the landowner's acceptance of the County's offer to
purchase a conservation easement, and is contingent upon due diligence, environmental
audit, a title search, mortgagee's consent to the conservation easement, and any other
evidence that may be necessary to clear title. Payment terms may be by lump sum, by
installments, or by other arrangements satisfactory to both parties.
Recording and Monitoring. ,
The County's acquisition of a conservation easement shall be recorded in the County
Recorder's Office. Monitoring will be conducted as specified in Section 9.
SECTION 7. VALUATION AND PAYMENT METHODS
A. Valuation of Easement Cost
At the beginning of each Selection Round, Washington County will choose a valuation
method for determining the cost of purchasing development rights easements. One
method for establishing the value of the development rights is through a parcel-spedfic
appraisal. Under the appraisal method, a certified appraiser is chosen by the County to
establish the value of the development rights in a before/after appraisal process. The
appraiser first evaluates the fair market value of the unrestricted property before
development rights are sold, then the appraiser establishes the restricted value of the property
based upon the agricultural or conservation activities that could occur on the property under the
terms of the conservation easement. The difference between the unrestricted value and the
restricted value is the value of the development rights. The appraisal method is highly
justifiable since each parcel is examined in detail. The method is, however, costly and
time-consuming.
The County may choose to use an alternative method of establishing value. For example,
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Washington County, MN - TPD - PDR Document Page 8 of 11
a set price per development right purchased could be established. The set price could vary
according to zoning classification. The set price would be established based on a set of
actual or sample appraisals and/or on assessors' data. This method would be less costly
and take less time.
Landowner Appraisals.
Whatever method is used, landowners may obtain their own appraisal at their own
expense from a qualified appraiser for purposes of comparison and negotiation, and/or for
the purpose of calculating tax benefits.
B. Payment Methods
Payments to landowners for purchase of development rights may be made in one lump
sum or through installment payments. The use of installment payments may allow the
Program to protect more parcels sooner. Installments could be for periods of 10, 15, 20 or
30 years. The landowner would receive tax-free payments of interest only each year and a
balloon payment at the end of the term. The installment payment contract could be sold to
local brokerage firms after an initial restricted period if landowners wish to "cash out." An
installment contract also may enable landowners to defer capital gains taxes. By financing
installment sales with the purchase of zero-coupon bonds, the County could increase the
amount of land protected each year by a factor of as much as 6 or 7.
SECTION 8. NA TURE OF CONSERVA nON EASEMENT RESTRICTIONS
A. General Conditions
The restrictions placed on parcels on which development rights are sold are in the form of
a conservation easement. A conservation easement is a written agreement that separates
the right to develop the parcel from the fee title to the parcel.
The terms of the conservation easement will be negotiated with each landowner and will
be based on the resources demonstrated in the application and through the criteria
ranking process. The terms of the easements may vary from parcel to parcel. At a
minimum, residential development and non-agricultural commercial and industrial
development will be prohibited on land covered by the easement. Additional easement
terms that may be negotiated, include, but are not limited to:
. requiring the preparation of a conservation plan according to National Resources
Conservation Service standards for agricultural land;
. requiring the preparation of a forest stewardship plan;
. allowing additional farm buildings; or .
. allowing remodeling, replacement or enlargement of existing buildings up to a
specified percentage Increase in size of buildings.
B. Prohibited Uses of Land.
The following land uses shall be prohibited on lands under a conservation easement:
(1) Additional residential units (other than the existing residence, if present) are not
permitted within the designated conservation easement area. The applicant must
designate any areas to be set aside for residential development at the time of application.
The area must be subdivided from the eased property prior to closing. Any remaining
density left unused on lands under conservation easement shall be extinguished under the
terms of the conservation easement. '
(5)
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(2) Non-agricultural commercial or industrial development are not permitted within the
designated conservation easement. The applicant must designate any areas to be set
aside for non-agricultural commercial or industrial development at the time of application.
The area must be subdivided from the eased property prior to closing.
C. Permitted Uses.
Lands under a development rights conservation easement may continue to be used for the
following purposes, except as regulated by the speCific terms of the conservation
easement and as restricted by local zoning requirements and other applicable regulations:
(1) Customary agricultural uses, including seasonal agricultural businesses and customary
home occupations, as defined by the Washington County Development Code or ordinances
of other local units of government.
(2) Land conservation and management activities, as speCified in the terms of the
conservation easement.
(3) The landowner's residence or farmstead.
(4) Replacement, expansion or modification of existing buildings within the immediate
area of the house site or farmstead, up to a specified percentage of the original building
footprint(s), which shall be negotiated as part of the terms of the conservation easement.
(5) Customary agricultural buildings shall be permitted as specified in the terms of the
conservation easement.
(6) Other activities and alterations that may occur on the property shall be defined by the
terms of the conservation easement. In general, such activities shall be permitted to the
extent that they do not lessen or degrade the resource values the conservation easement
is intended to protect and are permitted uses under the Washington County Development
Code and ordinances of the applicable local unit of government.
(7) A conservation plan prepared according to the standards of the Natural Resources
Conservat~on Service or similar agency shall be required for all agricultural land under
conservation easement.
SECTION 9. MONITORING AND ENFORCEMENT
The conservation easements will be held by Washington County and may be co-held by
the Minnesota Land Trust, local governments, or any non-profit land conservation
organization qualified under Internal Revenue Code Section 1.170A and Minnesota
Statutes Annotated Chapter 84C. The County will co-hold all Conservation Easements.
Other local units of government may also co-hold a Conservation Easement.
At the time the easement is purchased, a baseline data package will be compiled to
document the. condition of the property at the time of easement purchase and to detail the
natural values of the parcel. Baseline data preparation and monitoring activities should
comply with the current standards of the Land Trust Alliance, the national standard-setting
organization for land trusts, or similar accepted standards.
A conservation easement is only effective if it is enforced. The County could contract with
the Minnesota Land Trust, another organization, or individual for monitoring parcelS in the
PDR program. A yearly inspection of each parcel, scheduled with the landowner, will occur
and be documented. Periodic updates of the baseline data will also be done to keep an
ongoing record of the natural values. New landowners should be educated on the terms of
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the easements. If violations occur, enforcement of the terms of the easement must be
undertaken. Enforcement can range from meeting and negotiating with the landowner to
court-enforced remedies.
The Minnesota Land Trust (MLT) is a non-profit land conservation organization that
negotiates and holds conservation easements. MLT began in Washington County and has a
very active Washington County chapter which holds and monitors over 20 conservation
easements in the County. Washington County could consider having the MLT hold, monitor
and enforce the development rights easements. The County could also "contract out"
negotiation of easement terms or certain other program functions to ML T.
The responsibilities of MLT could also include:
. Preparation of draft easements
. Establishing baseline documentation for monitoring program
. Establishing monitoring program -- periodic site visits or contacts with landowners --
annual monitoring of sites
. Educating future landowners about restrictions when parcels are sold
. Addressing any violations -- notifying landowner and, if necessary, enforcing
through the court system
. Negotiating the specific terms of the easements with landowners (above and beyond
the County terms) and draft the easement
. Educating landowners on conservation easements
MLT currently requests a stewardship fee which goes into an endowment fund to cover
long-term monitoring/enforcement costs.
SECTION 10. FUNDING FOR THE PROGRAM
A. County Program
The Washington County PDR Program is proposed to be funded through a dedicated
property tax increase of $1.50 per month per $100,000 of assessed value. This amount
would fund the program at approximately $1.8 million annually. Based on an assumed
development right value of $10,000 per acre, this would protect at a mrnimum 180 acres
per year if lump sum payments were made to landowners. If the value per acre we('e
$8,000, 225 acres could be protected with lump sum payments. More acres could be
protected if installment payments were made, or funds from other sources were used, or if
the landowner chose to sell at a bargain sale. An estimate of the maximum number of
acres would be 2,500 per year at $10,000 per acre, or 3,240 at $8,000 per acre.
Additional sources of funding that may be pursued would include:
.. Matching funds from new or existing state programs
. Matching funds from new or existing federal programs
. MPCA or Metropolitan Council penalties levied for pollution
. Cooperation with wildlife and sporting organizations
. Corporations
. Private foundations
. Individual" donations for specific projects
B. Local Match Program
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Washington County, MN - TPD - PDR Document Pa~e 11 of 11
Using a portion of the funds (perhaps 20%) received through additional property tax
revenues, the County will provide matching grants to local units of governments for
acquisitions. This program would target acquisitions of parks, open space or easements
outside of the Green Corridor Opportunity Areas that meet local protection goals.
Guidelines for the matching grant program would be developed separately from the PDR
Program. The County Board would establish funding levels yearly.
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@ 2005 Washington County. SecuritylPrivacy/Accessibility Statement. Contact Washington County.
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Your County Ordinance 144
Government Links Purchase of Development Rights
County Mission
Advisory Boards
Committee . PDR Policy and Procedure Document
Vacancies . Green Corridor Opportunity Areas Map (PDF)
County Calendar
Performance SECTION 1. TITLE AND PURPOSE
Measurement -2005
Residential Survey 1.1 Pursuant to Minnesota Statute, 84C and Minnesota Statute 373.40, Washington
Results - 2006 County establishes a Purchase of Development Rights (PDR) Program for the purpose of
Land Protection preserving Open Space, including natural and scenic areas and productive Agricultural
Funding Land, while the fee title to these lands remains in private ownership. The program's
Referendum policies, rules and official controls are adopted in this ordinance, hereafter known as the
- PDR Intra -
Purchase of Dev Washington County Purchase of Development Rights Ordinance.
Rights
1.2 Purchase of Development Rights will occur within the "Green Corridor Opportunity
Areas. If The map with this title is hereby identified and made a part of this
Ordinance as Attachment 1 (PDF) These lands, chosen through an extensive analytical
and public process, encompass contiguous blocks and Corridors of high-quality natural
areas, productive Agricultural Land and scenic views within the County. They surround and
connect the County park system and many other public and private Open Space areas.
Existing zoning restrictions, while effective at controlling densities, cannot keep these
lands in their present undeveloped state. Purchase of Development Rights is one of
several voluntary, incentive-based means for achieving public benefits through private
land conservation. This program directly confers a publiC benefit through voluntary private
action.
1.3 Purpose.
This Ordinance is adopted for the following purposes:
(1) To protect and preserve the rural landscape and high-quality natural areas that make
Washington County a special place to live.
(2) To implement the goals of the Washington County Comprehensive Plan regarding
protection of rural areas, specifically the following:
. Preserve the rural character and landscapes of Washington County.
. Preserve agriculture as a permanent land use and a viable economic activity in the
County.
. Maintain a distinction between urban and rural areas.
. Use zoning, parks, public Open Space, trails and roads to create a distinctive north-
south "green" Corridor through the County.
(3) To serve additional public purposes through Open Space protection, including storm
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Washington County, MN - TPD - PDR Rage 2 of:
water management, habitat protection, trail Corridor extension, and linking of public parks
and other amenities.
SECTION 2. DEFINITIONS
2.1 For the purpose of this Ordinance, certain words and phrases are defined as follows:
(1) Agricultural Land: Land whose use is devoted to the production of crops, livestock, and
vegetables, as well as to dairy, poultry and horticultural products, equestrian activities and
alternative products of the land.
(2) Conservation Easement: A non possessory interest in real property whereby the holder
may impose certain limitations or affirmative obligations the purposes of which indude
retaining or protecting natural, scenic, or open-space values of real property, assuring its
availability for agricultural, forest, recreational, or open-space use, protecting natural
resources, maintaining or enhancing air or water quality, or preserving the historical,
architectural, archaeological, or cultural aspects of real property. (Minnesota Statutes,
Chapter 84C.)
(3) Corridor: Protected areas of Open Space linked together throughout the community.
(4) County Board: The Washington County Board of Commissioners.
(5) Development: An activity which materially alters or. affects the existing conditions or
use of any land.
(6) Development Rights: The right to use and subdivide land for any and all residential,
commercial and industrial purposes and activities which are not incident to agriculture and
Open Space.
(7) Eligible Land: Properties for which the purchase of Development Rights is authorized
pursuant to this Ordinance.
(8) Open Space: Land used for agriculture, natural habitat, pedestrian and/or scenic
views, that is undivided and permanently protected from future Development.
(9) Resource Values: The values that a Conservation Easement is intended to protect, as
defined and recorded in the baseline documentation. Values may include but are not
limited to natural habitat, productive Agricultural Land, scenic views and connections to or
extensions of existing parks or protected Open Space.
(10) Selection Round: A cycle of the Purchase of Development Rights Program, from initial
advertisement of the program through completion of offers to purchase Development
Rights Conservation Easements.
SECTION 3. AUTHORIZAnON
3.1 The County Board may use any legally available revenue source to acquire
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Washington County, MN - TPD - PDR Page 3 of5
Conservation Easements over any Eligible Land within the County, as authorized in Section
5, including but not limited to purchase, gift, grant, bequest, devise, covenant or contract.
The collected tax revenues shall be used to acquire such property interests only upon
application of the Owner and in a strictly voluntary manner.
3.2 The value of Conservation Easements shall be determined as provided in Section 7 of
this Ordinance and attendant Program Policy and Procedure Document.
3.3 The County Board is authorized to enter into cash purchase and/or investment
purchase contracts consistent with applicable law for the purposes of this Program
3.4 The County Board may participate jointly in the acquisition of interests in Eligible
Lands with other qualified organizations empowered to hold interest in real property in
accordance with Minnesota Statutes, Section 84C.Ol-05.
3.5 The County Board may contract with a recognized and legally established nonprofit
conservancy, land trust, or other individual or organization qualified under Minnesota
Statutes Section 84C.Ol and 170(H) of the United States Internal Revenue Code, in order
to share in the process of negotiating Conservation Easements and establishing both the
baseline studies and the procedures for monitoring of any Conservation Easements
acquired under this Ordinance.
SECTION 4. ESTABUSHMENT OF ADVISORY COMMITTEE
4.1 The County Boarc:l shall appoint a volunteer Advisory Committee which shall advise
the Board on the selection of Eligible Lands on which Development Rights are offered for
acquisition by their owners and other program activities.
SECTION 5. EUGIBILITY AND PRIORITIES
5.1 Prior to each Selection Round, the County Board shall establish criteria to be used in
prioritizing applications and determining which offers to consider. The criteria will be
contained in a Program Policy and Procedure Document.
SECTION 6. SELECTION PROCESS
6.1 The PDR program shall have a periodic application and selection process, termed a
"Selection Round." The timing and process to be used will be described in a Program Policy
and Procedure Document.
SECTION 7~ CONSERVA nON EASEMENT VALUA nON
7.1 Development Rights Calculation
The value of Conservation Easements shall be based on the number of development rights
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Washington County, MN - TPD - PDR P,age 4 of 5
remaining on a parcel of land, as determined by the number of dwelling units that would
be permitted given the minimum lot size and lot widths for conventional subdivisions and
other requirements of applicable development codes.
7.2 Valuation Methods.
The value of Conservation Easements shall be determined using a method established by
the County Board prior to each Selection Round. Appraisals may be used, or an equivalent
method of valuing Conservation Easements may be determined using assessed valuation,
appraisal sampling, or other methods. The method to be used will be specified at the
beginning of each Selection Round and will be described in the Program Policy and
Procedures Document.
SECTION B. NATURE OF CONSERVATION EASEMENT RESTRICTIONS
8.1 Nature of Restrictions.
Conservation Easements shall be permanent. The specific terms of the Conservation
Easement shall be negotiated on a case-by-case basis within the guidelines spedfied in
the Program Policy Procedures Document. The terms will be designed to protect the
property's Resource Values, as defined through the initial application and the ranking and
selection process.
8.2 Holding of Conservation Easements.
Conservation Easements shall be held by a qualified unit of government, conservation
organization, land trust or similar organization authorized to hold interest in real property
pursuant to Minnesota Statutes, Section 84C.Ol-OS, at the direction of the County Board.
SECTION 9. CONSERVATION EASEMENT MONrrORING AND ENFORCEMENT
9.1 Documentation.
At the time the Conservation Easement is recorded, documentation of the property shall
be conducted, using aerial photographs, maps, photos and/or other media, as a baseline
for future monitoring. Such documentation shall be updated periodically by the
Conservation Easement holder(s). Such studies and monitoring shall be conducted
according to commonly accepted best practices.
9.2 Frequency of monitoring.
Conservation Easements shall be monitored on an annual basis to ensure compliance.
Monitoring may include a site visit, with prior notice to the landowner.
9.3 Enforcement.
If the terms of the Conservation Easement are violated, the Conservation Easement holder
(s) may pursue all legal remedies available, including, but not limited to, specific
performance.
Adopted February 8, 2000
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Washington County, MN - TPD - PDR Page 5 of 5
General Information Call: 651-430-6000 . (TIY: 651-430-6246)
Directions to Washington County Government Center
14949 62nd Street North. PO Box 6. Stillwater, Minnesota 55082-0006
@2005 Washington County. Security/Privacy/Accessibility Statement. Contact Washington County.
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Washington County, MN - TPD - PDR Worksheet P-age 1 of 3
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Your County Purchase of Development Rights
Government Links Public Hearing Document
County Mission
Advisory Boards Attachment 2 - PDR Sample Worksheet
Committee
Vacancies
County Calendar . PDR Policy and Procedure Document
Performance . Purchase of Development Rights - Ordinance 144
Measurement - 2005 . Green Corridor Opportunity Areas Map (PDF)
Residential Survey . PDR Site Evaluation Criteria
Results - 2006
Land Protection Points Min. Med. Max.
Funding
Referendum Natural Resource Values
. PDR Intro - 1. Substantial forest interior 3 5 8
Purchase of Dev 2. Presence of lakeshore or stream corridor 5
Rights 3 -
< 1/4 mi. = 3; 1/4 mi. + = 5
3. County Biological Survey site or area site 8 - 10
= 8; area = 10
4. Presence of erosion prone soils (incl. steep - - 3
slopes)
-
Max. points 26
Agricultural
1. Active ago in large blocks 3 4 5
2. ,Prime or signif. soils prime = 3; signif. = 2 - 3
2
< 1/4 mi. = 3; 1/4 mi. + = 5
3. Enrollment in Ag. Preserves or Green - - 5
Acres
4. Historic farmstead or landmark 3 - 5
landmark (Natl./State reg.) = 5;
farmstead = 3
-
Max. points 18
Spatial
1. Proximity to parks/protected lands 7 - 10
within 1/2 mi. = 7; adjacent = 10
2. Application size > 80 ac. (could be - - 5
multiple contiguous
(3)
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Was~gton County, MN - TPD - PDR Worksheet Page 2 of3
parcels under single ownership)
3. Public access 2 - 5
Enhances existing rec. opportunity = 5
Does not enhance rec. opportunity = 2
4. Presence in designated scenic corr. - - 5
5. Presence for munic. sewer - - -5
landmark (Natl.jState reg.) = 5;
farmstead = 3
-
Max. points 2S
Planning/Zoning
1. Comprehensive plan designation - - 3
ago or resource protect.
2. Zoning - max. densities 2 3 5
1:10 = 2; 1:20 = 3; 1:40 = 5
-
Max. points 8
-
Total non- 77
discretionary
Max. points
Field Evaluation - Phase 2 points
1. Additional natural values (field check) - - 5
2. Additional scenic values (field check) - - 5
3. Serves multiple public purposes - - 5
1 point each, 'up to 5
-
Max. points 15
-
Total Max. 92
points
The following factors will also be considered during final evaluation of parcels:
willingness to offer a bargain sale, opportunities for leveraging additional
funding sources, and multiple applications from the same general area.
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General Information Call: 651-430-6000 . (TTY: 651430-6246)
Directions to Washington County Government Center
14949 62nd Street North. PO Box 6 . Stillwater, Minnesota 55082-0006
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Washington County, MN - TPD - PDR eval criteria Page 1 of L.
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Your County Year 2000 Pilot Program
Government Links Site Evaluation Criteria
County Mission
Advisory Boards
Committee . PDR Policy and Procedure Document
Vacancies . Purchase of Development Rights - Ordinance 144
County Calendar . Green Corridor Opportunity Areas Map (PDF)
Performance . PDR Criteria Worksheet
Measurement - 2005
Residential Survey I. Initial Eligibility
Results - 2006
Land Protection
Funding All of the following factors must be present for a parcel to be considered for
Referendum the PDR Program.
- PDR Intro -
Purchase of Dav A. Willing Seller/Donor
Rights
A voluntary application is submitted by the landowner or on the landowner's
behalf. The applicant is willing to place a permanent conservation easement
on the parcel. Public or private ownership of fee title or a conservation
easement contributes to the effective, long-term protection of the site and its
open space values.
B. Within the Green Corridor Opportunity Area
The parcel is located within the Green Corridor Opportunity Area as shown on the map
adopted as part of the Washington County Purchase of Development Rights Ordinance.
(Hyperlink to Map.) (PDF)
C. Correspondence With Zoning Classification
The parcel is larger than the minimum lot size required by the applicable
zoning district, except in cases where it can be demonstrated that the parcel
fills a significant gap between, or is adjacent to, other protected high-value
resources or open space.
D. Development Rights
The parcel has some development rights remaining under current zoning.
Parcels that have been developed to the maximum allowed under denslty-
based zoning are not eligible for consideration.
II. Ecological Functions
The largest blocks of natural habitat in Washington County are shown on the
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Washington County, MN - TPD - PDR eval criteria Page 2 of 4
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"Large Blocks of Natural Habitat" layer in the Green Corridor analysis. Current
and anticipated use of lands adjacent to the site should not, over time,
significantly diminish the ecological quality of the site.
A. Forest Interior
The parcel is a relatively large tract with a high interior to edge ratio. Areas
where the largest blocks of forest land exist are identified on the "Forest
Interior Criteria Layer" of the Green Corridor Project analysis.
B. County Biological Survey Sites
The parcel contains one or more native plant communities, is relatively
undisturbed and provides habitat for a wide variety of resident and/or
migratory wildlife. The presence of a "state listed" species is an added value.
These areas are identified on the Natural Areas Map created by the
Department of Natural Resources Minnesota County Biological Survey project.
C. Frontage Along Water Bodies
The parcel is located adjacent to an intermittent or perennial stream or a DNR
protected public water.
1/1. Environmental Functions
Natural areas and other open spaces provide a wide variety of environmental
benefits to people. Potential parcels, if protected, could improve surface and
ground water resources, stabilize soils, and create natural flood storage
capacity .
A. Erosion-prone and Steep Slopes
The parcel is identified as being erosion prone or a steep slope according to
the Natural Resources Conservation Service classifications. These are soils
with a class greater than or equal to "Se",
B. Ground Water Sensitivity
The parcel is located within an area identified on the Washington County
Geologic Atlas as very highly sensitive to ground. water contamination.
IV. Other Functions
A. Historical Characteristics
The parcel is listed as an historical site on the State Register of Historic Sites.
The parcel has been registered as a Century Farm.
B. Scenic Values
The parcel is located within a corridor designated as scenic by congressional
or state legislative action, by local unit of government resolution or ordinance,
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Washington County, MN - TPD - PDR eval criteria
Page 3 of,
.
or some other formal method. Existing corridors include St. Croix Riverway
and County Road 21.
\I. Location
A. Connectivity
The parcel is near or adjacent to other land which has already been
permanently protected from development through a conservation easement,
deed restriction, or public ownership. The parcel is near or adjacent to land
under public ownership that is specifically designated for long-term
conservation purposes and protected from development. The parcel provides
habitat and a corridor that promotes the movement of wildlife in order to
stabilize and/or enhance wildlife populations.
B. Buffer
The parcel adds value to an existing public facility by buffering the facility
from encroaching development. The parcel protects the adjacent natural
areas, important open spaces, rivers, streams and lakes by reducing current
or future negative impacts.
C. Imminence of Threat
The parcel is threatened by development pressure and fragmentation. Only a
short period of time may be available to protect an area from being
permanently lost or degraded.
D. Visibility
The parcel, because of its size, location, ecological characteristics, or history,
can further natural resource protection and proVide attention, identity and
stature to the PDR Program. Sites which bring these benefits to the Program
will receive strong consideration.
VI. Public Purpose
Many natural areas have the potential to serve many public purposes. In
order to maximize the public investment, priority will be given to parcels that
meet the needs of multiple partners.
A. Public Access
Although the primary focus of the PDR Program is to protect open spaces by
keeping the land In private ownership, there may be opportunities for the
public to use and enjoy these areas. Applicants who are willing to proVide
public access to the parcel for purposes of education, stewardship or
recreation will receive additional consideration.
B. Multiple Public Purpose
The parcel has the ability to serve multiple public purposes, such as storm
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Washington County, MN - TPD - PDR eval criteria Page 4 of 4
water management, recreation, environmental education, etc.
C. Preservation PI!:Ins
The parcel is within an area that is included in a land preservation program or
plan (e.g. wild and scenic river district, local greenways plan, conservancy
zoning district, historic preservation district, scenic roadway, etc.).
D. Local Support
Protection of the parcel is supported by nearby residents, the local community
and other governmental agencies, and other interested groups.
VII. Financial
Many parcels will require a combination of funding sources. This may involve contributions
of in-kind services or matching funds from other public agencies; private or non-profit
sources of funds; or a landowner willing to accept a payment of less than the appraised
value of the development rights. Priority will be given to situations that leverage the
County dollars. To receive this additional consideration, a letter of commitment regarding
the matching contributions must accompany the application.
VIII. Liability
The parcel will not become an unacceptable legal or financial liability due to know public
heath or safety concerns (e.g. pollution concerns, abandoned wells, open dump sites,
hazardous waste, unoccupied or degraded structures), real estate problems or issues
which would prevent an agreement from being reached (e.g. title problems, survey
problems, property encroachments, boundary disputes).
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General Information Call: 651-430-6000 . (TTY: 651-430-6246)
Directions to Washington County Govemment Center
14949 62nd Street North. PO Box 6. Stillwater, Minnesota 55082-0006
@ 2005 Washington County. Security/Privacy/Accessibility Statement. Contact Washington County.
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Washington County 2006 Land Protection Funding Referendum
Questions and Answers
What is the county trying to accomplish with these funds?
. The County Board is responding to public concerns about growth and its impact on the rural
character of the county.
. Public opinion surveys over the past 15 years consistently have shown that a majority of the
voters in the county value its rural character.
. A 2006 residential survey in the county found that two of the top three things that residents like
about living in Washington County are its rural character and its open spaces. They highly value
the easy access to parks, 1rai1s, and open spaces.
. This funding would give the county the financial means to protect some of the remaining open
spaces as development continues at a rapid pace.
Bow much is the county expected to grow in the future?
. Between 1990 and 2000, Washington County's population grew by 55,234, a 38% increase.
. By the year 2020, the population in Washington County is expected to increase to 316,000 a
growth of nearly 100,000 people.
. Much of the growth is expected to occur in the rural areas and in amenity areas such as along
lakes, rivers and streams, and near recreational trails, parks and other recreational features.
Bow much land does the county expect to protect and how much of the total land base is it?
. Between 1,200 and 5,000.
. The 1,200 - 5,000 acres is .005% - .02 % of the total land area of the county.
What 0/. of the land base is already protected?
. Many acres of land are already protected within county parks, state parks and other state
management units such as Scientific and Natural Areas and Wildlife Management Areas; federal
management units, local parks, private nature and outdoor education centers, conservation
developments and private conservation easements.
. The county is currently conducting a study to determine how much land is currently protected.
Is this type of referendum a new idea?
. No.
. Washington County has had a land protection program in place since 2000. It has partnered with
other organizations to complete seven projects protecting over 200 acres ofland The referendum
is needed to provide a stable long-term source of funds for the program.
. 15 of 19 similar bond measures have passed in Minnesota in the past 10 years.
. Voters in Dakota County approved a $20 million bond referendum in 2002 for a similar program
- the Farmland and Natural Areas Program.
. Woodbury voters approved a $9 million open-space initiative in 2005 to acquire open space and
provide more recreational facilities.
Bow do the Washington County and Dakota County programs differ?
Dakota County splits its funds between farmland and natural areas, and does not use its bond funds to
acquire lands within regional parks. The Dakota County program does not explicitly address water
quality. Through special criteria and land preservation agreements, Dakota County uses its farmland
funds to protect water quality.
Is this funding really necessary?
1 @
.
.
. Washington County has seen tremendous growth during the past decade. This growth creates less
opportunity to protect some the green spaces and rural character that attracts people to the county.
. Land prices can be expected to increase as the amount of undeveloped land decreases. The
longer the county waits to protect some of the remaining priority open spaces, the harder and
more expensive it is likely to become.
. These funds would allow the county to continue to partner with other groups working on land
protection efforts and provides the matching funds necessary to attract grants from state, federal
or other sources.
How will the county decide what land to protect?
. The county will solicit applications from willing landowners.
. All applications will be evaluated and ranked using a set of criteria that reflect the county board's
priorities.
. On the highest ranked parcels, the county will go through a process to determine the land value,
negotiate an acceptable offer with the landowner, negotiate the terms of the conservation
agreements, and coordinate the real estate closing and recording of the agreement.
. The county will also work with other local units of government to identify critical lands that
should be protected.
What are the counties priorities?
. Continue acquiring the remaining 2800 acres of county parkland.
. Lands adjacent to waterways, recreational trails, parks and other public facilities.
. Further priority will be given to lands adjacent to already protected lands, serving multiple public
purposes, allowing public access and leveraging additional dollars from other sources.
Why not farmland?
. Although not explicitly stated as a purpose, farmland may be protected if the project serves
another of the stated purposes.
. The priorities set by the County Board reflect the interests expressed by county residents in
numerous surveys. Over the past 15 years, residents have continually expressed the highest level
of support for protecting sources of drinking water, lands along waterways, woodlands, and other
natural areas. Farmland has ranked much lower in priority.
How will funding be targeted strategically to protect waters?
. Current evaluation criteria contain several references to protecting water resources:
0 'Parcels located adjacent to an intermittent or perennial stream or a DNR protected public
water.
0 Parcels identified as being erosion prone or a steep slope according to the Natural Resources
Conservation Service classifications.
0 Parcels located within an area identified on the Washington County Geologic Atlas as very
highly sensitive to ground water contamination.
0 Parcels that protect the adjacent natural areas, important open spaces, rivers, streams and
lakes by reducing current or future negative impacts.
0 Parcels within an area that is included in a land preservation program or plan..
. The county board will reevaluate its priorities annually and will revise the criteria to align with
the priorities.
. The county will work. with watershed districts and others to identify areas that are of highest
priority to protect
. County studies such as the Southern and Northern Groundwater and surface Water Interaction
Studies and the Washington County Groundwater Plan, all completed in the last few years, could
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be used to target areas for protection; the evaluation criteria could incorporate the results of these
studies.
Will my community be eligible for any of the funds?
. Yes, lands in all communities are eligible.
Will funds be Umited to protecting lands within the county's Green Corridor Opportunities Area?
. No, this map is only a guide that illustrates where a majority of the remaining high priority
natural areas are.
What is the tax biD for the average home owner?
. The median priced home in 2005 was 5215,000; at 512 per 5100,000 value this property owner's
referendum tax would be 526.
Will the amount of the tax paid.be the same every year for 10 years?
. The amount paid will be a maximum of$12 per $100,000.
. Property taxes are recalculated every year based on the total tax capacity.
. As the total tax capacity of the county increases the amount the individual tax payer pays per
$100,000 of value will decline.
Is the 10 years the amount of time to raise the $20 million or is it the time Umit that the property
cannot be developed?
. The taxes to payoff the bond will be levied for 10 years.
. The conservation agreement would permanently restrict the property from being developed.
With this large amount of money available, will the county continue trying to find matching funds?
. Yes.
. The county will continue looking for opportunities to partner with local units of government and
other organizations to accomplish mutual goals.
Why would the county want to buy conservation easements?
. The county saves money by not having to buy the land outright, it avoids the effort and liability
of maintaining the land and the land stays on the tax rolls.
Why would a landowner willingly place a conservation easement on the property?
. Landowners keep their property and still get some of its market value without having to sell it to a
developer.
. Landowners may also get tax benefits (property, income, estate) for donating a portion or all of
the value of the development rights.
Who would want to buy this land in the future if it can't be developed?
. There is a strong real estate market for large lots in a rural setting that are not surrounded by
housing.
How is the value of the development rights determined?
. The value is determined through a parcel-specific before and after. appraisal process. The
appraiser first determines the fair market value of the unrestricted property before development
rights are sold, then the appraiser determines the fair market value of the property with the
restrictions; the difference is the appraised value ofoot developing the property.
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.
Would the county be paying for land that could never be developed anyway, Le. wetlands, flood
plains, etc?
. No. If the land couldn't be developed it would be reflected in the appraised value of what the
landowner would receive for not developing the property.
Will landowners be forced to sell their land?
. Generally, it is the county board's philosophy and practice to obtain land from willing sellers
only.
. However, there could be a scenario that would require eminent domain proceedings to acquire a
piece of property. E.g. Recently the county used eminent domain to acquire a parcel in Big
Marine Park that was critical to opening the park to the public.
Since this is a strictly voluntary program, what happens to the 20 million dollars if no one decides
to participate?
. If no property owners are interested, the county could use the $20 million to payoff the bonds
early.
. This is unlikely to happen. The county could use up the funds just acquiring the remaining 2800
acres located within the county parks.
What is different from the similar ballot referendum the county sponsored in 20001
. The ballot language more explicitly states the purposes for which the funds will be used.
. The ballot language does not reference the mechanisms that will be used to acquire the interests
in the property or a specific program..
. The amount of money that will be raised is $20 million; in 2000 it was $13.25 million.
. The impact on property owners is $12 rather than $18 per $100,000 of value.
. Farmland and seasonal dwellings are now exempt from paying this referendum tax.
N:\WP\GC\fac1sheet\ongoingQA.doc
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