BUTLER COUNTY AGRICULTURAL LAND PRESERVATION BOARD

AGRICULTURAL LAND PRESERVATION PROGRAM

TABLE OF CONTENTS

INTRODUCTION........................................................................................................................ 3

STATEMENT OF PURPOSE..................................................................................................... 6

PURCHASE PROCEDURE......................................................................................................... 7

INITIAL REVIEW OF APPLICATION....................................................................................... 7

APPRAISAL PROCEDURE......................................................................................................... 8

EASEMENT VALUE AND PURCHASE PRICE........................................................................ 8

APPROVAL OF PURCHASE BY THE COUNTY BOARD..................................................... 9

PURCHASE NEGOTIATIONS WITH APPLICANTS............................................................. 9

AGRICULTURAL EASEMENT DEED..................................................................................... 10

NUMERICAL RANKING SYSTEM FOR APPLICATIONS................................................. 10

LAND EVALUATION................................................................................................................ 10

SITE ASSESSMENT................................................................................................................. 11

PLANNING MAP TO GUIDE EASEMENT PURCHASES.................................................... 10

PUBLIC INFORMATION PROGRAM.................................................................................... 10

INSPECTION AND ENFORCEMENT PROCEDURES........................................................ 12

BOARD........................................................................................................................................ 13

APPENDICES

APPENDIX A............................................................................................................................... 14

RESOLUTION OF THE COUNTY OF BUTLER................................................................... 14

APPENDIX B............................................................................................................................... 16

BYLAWS OF THE BUTLER COUNTY

APPENDIX C.............................................................................................................................. 20

MINIMUM ELIGIBILITY CRITERIA....................................................................................... 20

APPENDIX D.............................................................................................................................. 22

PROGRAM APPLICATION FORM......................................................................................... 22

Form C - Soils Report................................................................................................................ 24

APPENDIX E............................................................................................................................... 27

SOIL MAPPING UNITS AND SCORES................................................................................ 27

APPLENDIX F............................................................................................................................. 33

SITE ASSESSMENT (50% OF TOTAL SCORE)................................................................. 33

APPENDIX G.............................................................................................................................. 39

FARMLAND APPRAISAL PROCEDURE................................................................................ 39

APPENDIX H.............................................................................................................................. 42

DOCUMENTATION REQUIREMENTS................................................................................. 42

STATE BOARD REVIEW FOR APPROVAL FOR PURCHASE OF EASEMENT............. 44

APPENDIX I................................................................................................................................ 45

CONSERVATION EASEMENTS - DONATIONS................................................................ 45

APPENDIX J............................................................................................................................... 47

PENNSYLVANIA CENTURY FARM APPLICATION........................................................... 48

APPENDIX K.............................................................................................................................. 50

SUBDIVISION GUIDELINES.................................................................................................. 52

APPENDIX L............................................................................................................................... 55

SPECIAL PROVISIONS FOR PARCELS............................................................................... 55

APPENDIX M.............................................................................................................................. 57

SPECIAL PROVISIONS FOR PARCELS............................................................................... 57

APPENDIX N.............................................................................................................................. 58

RURAL ENTERPRISES............................................................................................................. 58

APPENDIX O.............................................................................................................................. 59

PRIORITY AREAS.................................................................................................................... 59

INTRODUCTION

Butler County is located in west-central Pennsylvania less than 30 miles from the Ohio State line, about 100 miles south of Erie and within easy driving range of metropolitan Pittsburgh. Butler County has 505,178 acres of land. A modern highway system including the Pennsylvania Turnpike and Interstate Routes 79 and 80 has given Butler County many enviable advantages of an economic cultural and recreational nature. Moraine State Park is the major recreation complex with 16,000 acres.

Butler, the county seat, is near the geographical center of the county. It is a city of 16 thousand people which, with its shopping centers and other modern facilities, is capable of serving the normal needs of the 152,013 county residents.

Historically, Butler County had its beginnings as a political unit in 1800. The northwestern portion of Pennsylvania, of which Butler County is a part, was originally included within the jurisdiction of Westmoreland County. As settlement progressed, Allegheny County was formed out of territory formerly included within Westmoreland County. Butler County was then, in turn, formed from Allegheny County territory, as were also her neighboring counties.

The northwestern portion of Pennsylvania was acquired from the Indians by the Treaty of Fort Stanwix in 1784. However, continuing raids by the Indians made it unattractive to settlers until General "Mad" Anthony Wayne defeated the Indians in the Battle of Fallen Timbers in 1794. After this victory, the Indian menace was ended and settlers began to move into the territory. Settlement was accelerated somewhat by the state's land grants to individuals. This Depreciation and Donation land grants to individuals was provided by state law as compensation to state veterans of the Revolutionary War. Settlement of the county was further stimulated by the activities of the Harmony Society, a well known and famous communal experiment on the banks of the Connoquenessing Creek at Old Harmony.

The territory was in the stream of national and world history even before its creation as a county. In 1753-1754, George Washington crossed the county via the Venango Trail carrying a message from Governor Dinwiddie of Virginia to the French Commandant St. Pierre at Le Boeuf (Waterford, PA) warning him that the French were trespassing on English territorial claims. This was a part of the diplomatic skirmishing which led to the French and Indian War at which time the English claim to this region was established.

The forests (or woodlands) of Butler County have and continue to play an important role in the lives of people in the county and also people from surrounding communities. The forestland provide forest products from export grade veneer logs to fire wood; areas for hunting, hiking, camping, or bird watching; and vistas that please the eye. Woodlands that have grown and been used by several generations of Butler Countian's and that still account for half the land area of the county.

There are a large number of tree species present in Butler's forests. The climate, topography, and past use of the land combine to provide many different growing conditions for the trees and as a result many different kinds of trees. Oak/hickory forests were the most extensive as of the last forest inventory completed in 1989. The oak/hickory forest type accounted for nearly half of the woodland of the county. Red maple, black cherry, sugar maple, white ash, and tulip tree dominate the other "hardwood" forest types of the county. The remaining woodland (about 4% of the total) is pine forest. The forests of the county are changing due to many factors including gypsy moth, harvesting and changes in land use. It is likely that the oak forest will not be as extensive in the next inventory.

Unlike the forests of central and north central Pennsylvania, which are large uninterrupted tracts owned by large landowners or by the public (state or federal government), Butler forests are mostly small tracts owned by a large number of small landowners. Only about five percent (5%) of the total forest of the county are owned by government agencies. These "small woodlots" added together make up "Butler's forest", a forest that makes Butler County of more livable community.

The soil and climate of Butler County were and still are conductive to the growing of crops normally grown by the pioneers and later farmers of Pennsylvania. Buckwheat seems to have been a favorite crop in the early years since so much of it was grown that the county was dubbed "The Buckwheat County." Today, Butler County boasts a number of fine farms, mainly of the diversified types but with some specialties.

The County ranks twelfth in the number of farms in the State; eighth in the State in sheep and lamb production; and tenth in the State in oats production as of 1990. In 1940, the total farm acreage utilized 62 percent of all land in the County but by 1990, farm acreage had declined to about 28 percent of the County.

Butler County has always been an important agricultural county, being one of the more productive counties in Pennsylvania. County farms annually produce agricultural products which bring in cash receipts in excess of $54 million. A $24.4 million income for horticultural specialties and mushrooms leads the list, with dairy product sales of $13.3 million in second place, according to the 1990 Crop and Livestock Report. Field crops, vegetables, potatoes and fruits account for another $6.9 million; meat animal products add $8 million; and poultry product sales are estimated at $0.6 million. Horticultural specialties include greenhouse and nursery sales, seeds, and the landscaping industry.

Any industry with $54 million in annual sales is important to the economy of the County. A large portion of that amount stays in the area and is paid out by the farmer for goods and services he requires for his farm and household. Products produced by the 1,250 farms in Butler County are many and diversified. Dairying and the raising of hogs, sheep and cattle are the major livestock farming activities. Corn and hay are the predominant field crops raised, as well as wheat, oats and soybeans.

In 1987, the voters of Pennsylvania passed a referendum to allow a $100 million bond issue to preserve farmland. The Pennsylvania legislature enacted Act 149 in 1988 to allow counties to tap the $100 million fund to purchase agricultural conservation easements. In 1993, the Butler County Commissioners established a nine member board consisting of four farmers, one local government representative, one building industry representative and three citizens at large to develop and oversee this program.

PURCHASE PROCEDURE

Landowners interested in selling an agricultural conservation easement to Butler County and the Commonwealth of Pennsylvania should use the following procedures:

A. Check eligibility criteria (Appendix C)

B. Submit preliminary application form (Appendix D)

The application will be used to screen all potential applicants and can be obtained from the Butler County Conservation District. The County Board will establish a schedule for the submission of applications at the beginning of each year. If the County Board schedules more than one application period in each year, the applications submitted in the first period shall have priority over applications submitted in the second period according to a two year allocation of funds. Second period applications will be ranked, but easement purchase offers by the County Board will be considered only if sufficient State funds are available. Any applications not funded in the year of submission will be carried forward for ranking in future funding periods.

After submission of the application, the County Board's staff will meet with the applicant to answer questions and determine if State and County minimum criteria for participation in the program are met.

If minimum criteria are not met, the applicant will be mailed a letter of rejection with an explanation of why the application was rejected.

INITIAL REVIEW OF APPLICATION

In accordance with 7 PA Code Chapter 138e62.

After the full application has been submitted, it will be checked to make sure that all minimum requirements are met. All conservation easement applications and other documentation shall be done in accordance with the model formats included in the State guide book and any future revisions thereto. If all minimum requirements are met, and following an on-site assessment by a representative of the County Board, the application will be scored using Butler County's Land Evaluation and Site Assessment (LESA) System. This system provides a way to rank the easement applications by evaluating Soil and locational factors for each tract under consideration. See Page 8 and appendices E and F for a complete description of the Land Evaluation and Site Assessment System and how applications will be scored using it.

All properties considered for easement purchase will be evaluated in compliance with ß14.1(d)(1)(i-iv) regarding soil quality, likelihood of conversion, proximity to other eased lands, land stewardship, and fair and equitable procedures.

Following an analysis of each application, the County Board will determine an appraisal order for applicants. Preference for appraisals will be given to applicants with the highest scores. The application with the highest score will be appraised first, followed by the next highest score and so on. The County Board reserves the right to limit the number of applications it chooses to appraise. If the applicant withdraws the application for any reason, the application will not be considered until the next calendar year.

Conservation plan

(a) To preserve the agricultural viability of the restricted land, the county board shall require, and the owner of the restricted land shall implement, a conservation plan approved by the county conservation district or the county board.

(b) In addition to the requirements established by the county conservation district or the county board, the conservation plan shall meet the definitional requirement of a conservation plan in ß 138e.3 (relating to definitions) and also require that:

(1) The use of the land for agricultural production, such as growing sod, nursery stock, ornamental trees and shrubs does not remove excessive soil from the restricted land.

(2) The excavation of soil, sand gravel, stone or other materials for use in agricultural production on the restricted land is conducted in a location and manner that preserves the economic viability of the restricted land for agricultural production.

(3) The mining of minerals is conducted only through the use of methods authorized in the act.

APPRAISAL PROCEDURE

In accordance with 7 PA Code Chapter 138e63 and 138e64.

The ranking of applications will be forwarded to applicants along with an appraisal form. The appraisal procedure will follow the regulations provided by the Commonwealth. Appraisals will be conducted using the comparable sales method if comparable sales information is available. If not available, farmland values can be determined based on crop production or through capitalization of rental income information. Submitted with the appraisal request form will be a deposit of $1,500. This deposit will be refunded if the applicant does not sever an agreement of sale and the applicant accepts an offer equal to the appraised value of the easement. The applicant will not receive a refund of $1500 if the appraised value is rejected. The applicant will also receive a refund of this deposit if the applicant agrees to sell an easement at less than the appraised value or if the County Board does not make an offer to purchase the easement. Finally, the applicant will receive a refund if the County Board offers to purchase an easement for less than the appraised value and the applicant is not willing to accept less than the appraised value. The deposit is to be held in escrow. Please refer to Appendix G on Farmland Appraisal Procedure.

EASEMENT VALUE AND PURCHASE PRICE

The Butler County Agricultural Land Preservation Board will only consider applications for easements in perpetuity. The appraisal report will provide the County Board with an estimate of the value of the easement, which is the difference between market value and the farmland value.

APPROVAL OF PURCHASE BY THE COUNTY BOARD

In accordance with 7 PA Code Chapter 138e66.

Final purchase decisions will be based on the following factors:

A. Farmland Ranking System

B. Cost factors

1. Available funds;

2. Cost per acre;

3. Total cost in relation to appraised value;

4. Butler County will not consider any conservation easement for purchase which will use more than $10,000 per acre of State funds. Any amount over $10,000 per acre will be considered County funds.

If the County Board decides not to make an offer to purchase an easement on the farmland tract, the applicant shall be notified in writing.

PURCHASE NEGOTIATIONS WITH APPLICANTS

In accordance with 7 PA Code Chapter 138e66.

After the County Board has decided to make an offer for the purchase of an agricultural conservation easement, the County Board or its representative will meet with the applicant to discuss the offer.

At this meeting, the appraisal reports will be reviewed with the applicant. A formal offer for purchase of a conservation easement shall be submitted to the applicant in writing and accompanied by the appraisal report. The offer may be less than or equal to the appraised value of the easement.

The applicant may, at the applicant's expense, retain another independent, State certified, real estate appraiser to determine a second easement value. This second appraisal must be completed in accordance with the State regulations as found in Appendix G.

If the applicant secures an independent appraisal, the easement value shall be determined using a combination of the two appraisal reports, using the formula described in Appendix G, page 37.

Within 30 days of receipt of the written offer from the County Board, an applicant may either:

A. Accept the offer

B. Reject the offer, or

C. Secure an independent appraisal as set forth by the State guidelines.

The failure of the applicant to act within 30 days shall constitute rejection of the offer.

If the offer to purchase is accepted by the applicant, the County Board and the applicant shall enter into an agreement of sale. The agreement shall be conditioned upon the approval of the State Agricultural Land Preservation Board, and 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 in surface mineable coal, land use restrictions, adverse ownership interests, and other encumbrances which would adversely impact the County and the Commonwealth's interest in the farmland tract. The applicant may choose installments through an agreement of sale for up to five (5) years with no interest.

Survey requirements

A. General requirement. If a survey of land being considered for agricultural conservation easement purchase is required under ß 138e.67(d) (relating to requirements of the agricultural conservation easement deed) or is otherwise required to determine metes and bounds of any right-of-way or other interests in the land, the survey shall indicate that it has a closure error of not greater than 1 foot per 10,000 linear feet in the survey, and shall otherwise comply with the boundary survey measurement standards published by the Pennsylvania Society of Land Surveyors in its ≥Manual of Practice for Professional Land Surveyors in the Commonwealth of Pennsylvania,≤ adopted July 10, 1998, or its most current successor document.

B. Other requirements. A survey described in subsection (a) shall also contain the following:

1 A recordable legal description setting forth the metes, bounds, monumentation, exceptions, easements and rights-of-way with respect to the farmland tract or other subject of the survey.

2 A copy of the final boundary survey in digital electronic format that complies with the conservation easement Geographic Information System (GIS) technical standards maintained in the guidebook prepared by the Department in accordance with section 14.1(a)(3)(xv) of the act (3 P.S.ß 914.1(a)(3)(xv)). The digital format shall show the bearings and distances between each monument and contain the northing and easting of each monument.

3 Coordinates of at lease two ground control points located sequentially along the boundary survey, with latitude and longitude expressed in decimal degrees with an accuracy of 6 recorded decimal places. These coordinates shall be based on the ≥North American Datum of 1983,≤ or its most current successor document, and shall be obtained through field observation or verification of datum

4 A paper copy of the plotted final survey map from the digital file showing the course bearings and distances and other annotations and symbols as maintained in the guidebook prepared by the Department in accordance with section 14.1(a)(3)(xv) of the act.

C. Monumentation. If a survey of land being considered for agricultural conservation easement purchase is required under ß 138e.67(d) or is otherwise required to determine metes and bounds of any right-of-way or other interests in the land, the surveyor shall establish monumentation for at least the two ground control points required under subsection (b)(3). This monumentation shall consist of permanent, concrete markers of substantial length and width containing ferrous or other materials detectable by an electromagnetic locator. The identity of the surveyor who places a monument shall be affixed or marked upon the monument so that it can be ascertained by inspection of the monument in the field.

AGRICULTURAL EASEMENT DEED

At settlement, the applicant must execute a deed conveying the easement. This deed shall adhere to the Commonwealth's agricultural easement deed requirements as found in Appendix H and Chapter 138e.241 of the State Regulations for Act 43.

NUMERICAL RANKING SYSTEM FOR APPLICATIONS

In accordance with 7 PA Code Chapter 138e15.

Applications will be ranked using a two-part land evaluation and site assessment (LESA) system. The land evaluation looks at the quality of the soils and the site assessment considers locational factors that may have an impact on current or future viability of a farm.

The Numerical Ranking System is to be used to rank and prioritize applications to be selected by the Butler County Agricultural Land Preservation Board for appraisal. Selection for appraisal will be made in a descending order of a farmland ranking score.

Each ranking will be conducted after the first of February. Only those completed applications received between January 1 and January 31st of the year will be considered for the year.

The two part Land Evaluation Site Assessment Numerical Ranking System is outlined as follows:

Land Evaluation (soil score) = 50% of total score

Site Assessment = 50% of total score

Development Potential (10%) + Farmland Potential (30%) + Clustering Potential (10%)

LAND EVALUATION (50% of total score)