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FAUQUIER COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM A TOOL FOR PRESERVING FARMLAND

FAUQUIER COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM A TOOL FOR PRESERVING FARMLAND. PRESENTATION AT 2007 Potomac Watershed Forum V August 10, 2007 Manassas, Virginia. Fauquier County Ag. Production Statistics. 2002 U.S. Census of Agriculture Cash Receipts: $45,441,000

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FAUQUIER COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM A TOOL FOR PRESERVING FARMLAND

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  1. FAUQUIER COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM A TOOL FOR PRESERVING FARMLAND PRESENTATION AT 2007 Potomac Watershed Forum V August 10, 2007 Manassas, Virginia

  2. Fauquier County Ag. Production Statistics • 2002 U.S. Census of Agriculture • Cash Receipts: $45,441,000 • Acres in Farms: 238,135 • No. of Farms: 1344 • #9 Ranking County in Virginia • #4 Ranking County in Dairy in Virginia

  3. PDR Program History2002 • February 19 – The Fauquier County Board of Supervisors adopts a Resolution to create a Farmland Purchase of Development Rights Program, authorizing payment of $20,000 per development right. • April 15 – The BOS adopts a Resolution to commit land use roll back tax for the PDR Program.

  4. PDR Program History2004 • April 19 – The Conservation Easement Service District Ordinance is adopted by the Board of Supervisors, providing the vehicle for earmarked farmland preservation funding. • May 17 – A five-member PDR Selection Review Committee is established.

  5. Status of Fauquier County PDR ProgramAugust, 2007 • Thirteen Easements in place protecting • 16 farms • 3,694 acres • 191 development rights retired • Eleven additional Easements approved and pending settlement to protect • 10 farms • 1,616 acres • 88 development rights to be retired

  6. Program Goals & Purpose • To preserve and enhance the county’s agricultural industry. • Implementing the County Comprehensive Plan which recommended a PDR Program as one tool to preserve farmland.

  7. FAUQUIER COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM PROGRESS REPORT FEBRUARY, 2007

  8. Fauquier County, Virginia Farmland Preservation Program Purchase of Development Rights Application January, 2007

  9. Eligibility Criteria 1. Land is used for a bona fide agricultural operation. • Parcel is greater than 50 acres, or comprises a combined area of contiguous parcels to total at least 50 acres. • Parcel is not presently zoned any category other than Rural Agricultural (RA) or Rural Conservation (RC). 4. The parcel is not under conservation easement or otherwise restricted from development.

  10. Scoring Process • WEIGHTStandards for Ranking Maximum Weighted Score (High:3 – Medium:2 - Low:1) .25 Parcel SizeFormula calculated as follows: Number of acres divided by 100 x .25 .25 Maximum Potential Residential Density 3x.25=.75 100 acres and above = 3 75 acres - 100 acres = 2 50 acres – 75 acres = 1 Less than 50 acres = 0

  11. .20 Strategic Value 3x.20 =.60 Parcel risk of development and road frontage Proximity to Service District and proximity to sewer Proximity to protected (eased) property .10 Quality of Soils 3x .10 = .30 More than 50% in Prime or Secondary crop/pasture = 3 30% - 50% in Prime or Secondary crop/pasture = 2 Less than 30% in Prime or Secondary crop/pasture = 1 .10 Agricultural Economic Viability 3 x .10=.30 Gross farm income exceeds $25,000 At least one family member’s principal occupation involves farming this parcel/ forestland and resident family’s gross off-farm income does not exceed $100,000 Farm has invested in substantial infrastructure improvements such as barns, bins, specialty structures, fencing, drainage, ditches, waterway improvements, etc.

  12. .10 Historic, Scenic and Environmental Qualities 3 x .10=.30 • Water resources • Participation in Conservation Programs • Participation in Best Management Practices • Historic or Scenic Value 3.0 = Max. weighted score Example: Farm score /3.0 = Percentage Score Percentage Scores: 85 and greater: Highly Recommended 70-85 Recommended 60-70 Low Recommendation Less than 60 Not Recommended • Price • Payment for a Development Right - $30,000 per unit based on gross by-right allotment per sliding scale. • Bargain Sale – Optional Landowner initiated appraisal may indicate a bargain sale which could enable applicant to take advantage of Federal or State tax deductions or credits. • Number of development rights to be determined by: • County Zoning department – Lotting potential (Based on gross by-right allotment per RA/ RC Land Subdivision Sliding Scale – as stated in Fauquier County’s Zoning Ordinance.)

  13. This Deed is Exempt from Taxation under Virginia Code §§58.1-811(A)(3) and 58.1-811(C)(4) [no retention of dwelling unit rights] PIN _______________________ DEED OF EASEMENT THIS DEED OF EASEMENT made this _______ day of ________, 2007, by and between ___________________ and _____________________, husband and wife, Grantors(hereinafter "Grantor"); and the COUNTY OF FAUQUIER, a political subdivision of the Commonwealth of Virginia (hereinafter the "County" and sometimes "Grantee"), whose address is 10 Hotel Street, Warrenton, Virginia 20186. WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the property located in Fauquier County, Virginia, consisting of ____________ acres more accurately described in "Exhibit A" attached hereto and hereinafter referred to as the "Property"; and WHEREAS, under the County's Purchase of Development Rights ("PDR") Program, the County is authorized to acquire conservation easements over qualifying properties in order to accomplish the purposes of the PDR Program and the Open-Space Land Act (Virginia Code §10.1-1700 et seq.); and WHEREAS, the purpose of the Fauquier County Purchase of Development Rights Program is to protect the critical mass of farmland which is necessary for the continued vitality of production agriculture by acquiring conservation easements for the purpose of conserving lands for farming and to provide open space that ameliorates the impact of development in the County as stated in the February 19, 2002 Resolution of the Board of Supervisors and the April 19, 2004 Ordinance amending Chapter 8 of the Code of Fauquier County; and WHEREAS, the Grantor has voluntarily agreed to convey this easement and have the Property subject to the terms contained herein; and

  14. Monitoring Program • Monitoring - Employees or agents of Grantee may enter the Property from time-to-time, at reasonable times, for the purpose of monitoring compliance with the terms of this Deed of Easement. The Grantee shall give reasonable prior notice before entering the Property. The Grantor shall not unreasonably withhold permission.

  15. PURCHASE OF DEVELOPMENT RIGHTS PROGRAMEASEMENT MONITORING INSPECTION REPORT Easement Grantor (Original Owner):__________________________________________ Mailing Address:__________________________________________________________ Farm Location: ___________________________________________________________ Tax Parcel Number (s):________________________Acres: _______________________ Date of Easement:______________ Date of Inspection: _________________________ Date of Last Report: _____________ Inspected by: _____________________________ Others Present: _________________ Signature: _______________________________ Title: _________________________ • Alterations to the property (since last report) • Has ownership of the property changed? Yes_______ No_______ If yes, provide the following information and attach deed: Current Landowner: _________________________________________ Mailing Address: __________________________________________ Telephone Number: ___________________________________________ Date of Transfer: ___________ Deed Reference: Book:________Page: ________ Copy of recorded easement provided to new owner(s) and discussed? __________

  16. Fauquier County Purchase of Development Rights Program “A tool for preserving and enhancing the agricultural industry”

  17. ******************************************** Fauquier County Board of Supervisors Harry Atherton, Chairman (Marshall District) Ray Graham, Vice Chairman (Cedar Run District) Chester Stribling, (Lee District) Richard Robison, (Center District) William Downey, (Scott District) Fauquier County PDR Committee Members John Schied, Chairman (Cedar Run District) Ike Broaddus, Vice Chairman (Scott District) Don Huffman (Lee District) Doug Larson (Center District) Patricia Ewing (Marshall District) For more information on the Fauquier County PDR Program, please contact the Agricultural Development Office Ray Pickering, Agricultural Development Director Sherri Gabardy, PDR Associate 35 Culpeper Street Warrenton, Virginia 20186 (540) 349-5314 (phone) (540) 349-8938 (fax) www.fauquierag.com

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