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)

This part of the LESA system is based on soils data obtained from the Butler County Soil Survey. The Soil Survey was published in 1960 by the USDA Soil Conservation Service in cooperation with the Pennsylvania State University, College of Agriculture, and the Pennsylvania Department of Agriculture. The most up to date soils information will be used in evaluating applications for soil quality.

Each soil mapping unit found in Butler County has been assigned a score based on its land capability classification, important farmland classification and productivity for corn. Based on these factors, each soil has been assigned a relative value with 100 being assigned to the best soils for agricultural production in the County. All the other soils in the County have been assigned relative values less than 100. See Appendix E, pages 27-32 for a listing of relative values for all the soils in the County.

Using the worksheet found in Appendix E, each farm under consideration will be assigned an average relative value for the soil types making up the tract. The highest average relative value a farm can receive is 100.

The Land Evaluation Score (LE) is determined by multiplying the average relative value for the tract by the weighted (LE) factor of .50 (50% weighted factor). The maximum LE score is 50.

SITE ASSESSMENT

The site assessment portion of LESA consists of 12 factors which relate to the viability of the site for present and future agricultural use. These factors consider development pressures in the area and the likelihood of future development having an impact on farm operations. Each application will be researched for each of the 12 site assessment factors. These factors have been assigned a weight based on the factor's overall importance in the site assessment system. The maximum weighted score a farm can receive on the site assessment is 50. The total weighted scores calculated from the land evaluation and site assessment will be added to get a total weighted LESA farm score. The maximum total weighted LESA score is 100. Refer to Appendix F.

PLANNING MAP TO GUIDE EASEMENT PURCHASES

1. The County Board will use the Soil Survey sheets included in the Soil Survey Map of Butler County to assist in the identification of farm parcels to be selected for inclusion in the County's Agricultural Conservation Easement Program. The maps were issued in 1989 by the U.S. Department of Agriculture, Soil Conservation Service. A list of Prime Farmland and Soils of Statewide Importance are included to assist when identifying those areas in Butler County considered agriculturally important.

2. The County Board shall encourage the formation of Agricultural Security Areas within Butler County Municipalities.

PUBLIC INFORMATION PROGRAM

Copies of the Butler County Agricultural Conservation Easement Program Guidelines are available to the public by contacting the Butler County Conservation District, 122 McCune Drive, Butler, PA 16001, or by calling (724)284-5270.

A public information program will be carried out with the help of the Butler County Conservation District and will include:

A. Direct contact with farm organizations in the County;

B. Participation in Extension Service newsletters and meetings;

C. Participation in the Conservation District newsletters and meetings;

D. Timely news articles in daily and weekly newspapers;

E. Seminars and workshops will be scheduled for the public.

COUNTY: BUTLER

1) NAME: Larry Baumgartel

ADDRESS: 1564 Three Degree Rd.

Mars, PA 16046

PHONE #: 724-625-1806

OCCUPATION: Farmer/Teacher

TERM EXPIRES: October, 2006

BOARD OFFICE:Secretary/Treasuer

2) NAME: James Faust, Chairman

ADDRESS: 190 Bullcreek Road

Butler, PA 16002

PHONE #: 724-352-2214

OCCUPATION: Retired Teacher

TERM EXPIRES: October, 2005

BOARD OFFICE: Chairman

3) NAME: Robert Burr (F)

ADDRESS: 1254 Prospect Rd.

Prospect, PA 16052

PHONE #: 724-794-4743

OCCUPATION: Farmer

TERM EXPIRES: October, 2005

4) NAME: William Holbein

ADDRESS: 130 Holbein Lane

West Sunbury PA 16061

PHONE #: 724-287-7257

OCCUPATION: Contractor

TERM EXPIRES: October, 2005

5) NAME: Albert Fritz (F)

ADDRESS: 127 Fritz Lane

Valencia, PA 16059

PHONE #: 724-898-1089

OCCUPATION: Farmer

TERM EXPIRES: October, 2005

NO. OF MEMBERS: 9

6) NAME: Kenneth Moniot (F)

ADDRESS: 537 W. Park Road

Portersville PA 16051

PHONE #: 724-368-3752

OCCUPATION: Farmer

TERM EXPIRES: October, 2005

BOARD OFFICE: Vice Chairman

7) NAME: Tom Rodgers

ADDRESS: 129 Humphrey Road

Slippery Rock PA 16057

PHONE #: 412-287-4483

OCCUPATION: Banker/Real Estate

TERM EXPIRES: October, 2005

BOARD OFFICE: Vice Chairman

8) NAME: Albert Roenick

ADDRESS: 760 Ekastown Road

Sarver, PA 16055

PHONE #: 724-353-2068

OCCUPATION: Manages Speedway, Municipal Govern. Rep TERM EXPIRES: October, 2005

9) NAME: Tom Franceschina (F)

ADDRESS: 1000 Merced Lane

Mars, PA 16046

PHONE #: 412-538-8841

OCCUPATION: Farmer

TERM EXPIRES: October, 2005

Insert sheet
APPENDIX B

BYLAWS OF THE BUTLER COUNTY

AGRICULTURAL LAND PRESERVATION BOARD

NAME:

The name of this organization shall be the Butler County Agricultural Land Preservation Board, hereinafter referred to as the "Board".

PURPOSE:

Administer a program for purchasing and receiving gifts of agricultural conservation easements on behalf of the county.

Adopt rules and regulations for the administration of a county program for the purchase of agricultural conservation easements within agricultural security areas. The Board shall execute all agreements or other documents necessary to effect the purchase of such agricultural conservation easements in the name of the County and/or the Commonwealth of Pennsylvania.

Encourage the use of additional farmland preservation techniques through public and private organizations in the County.

Promote efforts to support the agricultural industry in the County.

Perform such other duties and responsibilities as may be authorized pursuant to the Agricultural Area Security Law.

AUTHORIZATION:

The Board was authorized to administer the County Program by resolution of the County Governing Body at a regularly scheduled meeting on August 4, 1993. A copy of this authorization is included with the county program for purchase of agricultural conservation easements.

MEMBERSHIP:

Board members shall be appointed by the County Governing Body.

The Board shall be composed of nine members, to be appointed from the following groups:

1. One less than a majority shall be active resident farmers in Butler County, and shall serve an initial term of three years after authorization of this Board by the county governing body.

2. One shall be a current member of a borough or township governing body which is located in the County, and shall serve an initial term of two years after authorization of this Board by the County governing body.

3. One shall be a commercial, industrial, or residential building contractor who resides in the County, and shall serve an initial term of one year after authorization of this Board by the county governing body.

4. Remaining members shall be appointed at the pleasure of the County Governing Body, and shall serve initial terms of one year after authorization of this Board by the county governing body.

TERMS OF OFFICE:

Upon expiration of the initial terms of office as set under Membership, all terms of office shall be three years.

DUTIES OF OFFICERS:

The Chairperson shall preside at all meetings of the Board, call special meetings, establish committees, appoint committee chairmen, and delegate other tasks and assignments as may be appropriate.

The Vice-chairperson shall preside at all meetings of the Board in the absence of the chairperson.

The Secretary shall be responsible for seeing that all meetings are recorded, and for sending and receiving correspondence of the Board.

The Treasurer shall pay all bills authorized by the Board, maintain a record of all funds designated for easement purchase and for administration of the County Program.

REMOVAL OF OFFICERS:

The Chairperson can be removed from his office by the chairperson of the County Governing Body.

Other officers can be removed from office by a majority vote of all members of the Board.

MEETINGS:

Regular meetings shall be held on the third Monday at a time and location designated by the Chairperson of the Board, and subject to change. Special meetings shall be held at the call of the Chairperson, or at the request of four members of the Board, and shall require written notice of at least eight days.

CONDUCT OF MEETINGS:

All Board meetings shall be open to the public in accordance with the Sunshine Act (Act of July 3, 1986, P.L. 388, No. 84), and with the Right-To-Know Law (Act of June 21, 1957, P.L. 390, No. 212).

Robert's Rules of Order shall apply to all events not otherwise covered by the Bylaws.

QUORUM:

A majority of the total Board membership shall constitute a quorum for the conduct of business.

A quorum of members is required to vote on any motion before the Board, except as otherwise specified in these bylaws.

REMOVAL FROM COUNTY BOARD:

Any Board member may be removed from the Board for malfeasance, misfeasance, or nonfeasance in office or for other just cause by the majority vote of the County Governing Body, after the member has received fifteen days advance notice of the intent to take such vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

Any appointment to fill any vacancy created by removal, resignation or otherwise shall be only for the unexpired term of the vacant position.

ATTENDANCE BY BOARD MEMBERS:

Board members shall attend a minimum of 60% of all Board meetings, whether regular or special. Any member who is unable to attend a meeting should notify the Chairman prior to the meeting.

OFFICERS:

The Board will be directed by a Chairperson. Additional officers shall be Vice-chairperson, Secretary, Treasurer.

A staff person may serve as Secretary but shall have no vote.

ELECTION OF OFFICERS:

The Chairperson shall be appointed annually by the chairperson of the County Governing Body.

Other officers shall be elected annually by members of the Board.

VOTING:

Each member of the Board shall be allowed to cast one vote.

Board members must be present at meetings in order to vote.

Motions shall be passed by a majority vote of members present at meetings, except as specified elsewhere in these Bylaws.

PURCHASE OF EASEMENTS:

Board members shall not participate in any discussion or vote concerning purchase of easements in which they or a member of their immediate family has an interest.

Members of the County Board shall comply with the act of October 4, 1978 (P.L. 883 No. 17)(65, P.S. Sections 401-413), known as the Public Official and Employee Ethics Law.

Purchase of agricultural conservation easements requires approval of the majority of Board members and approval of the county governing body.

STAFF:

The Board may use monies appropriated by the County Governing Body or obtained through other means to hire staff and administer Act 149 in the County, when this use of funds is specifically allowed.

COMMITTEES:

The Chairperson may appoint such committees as are desirable for accomplishing the purpose of the Board.

Committees may include persons other than Board members.

The Board may receive assistance from the staffs of the County Planning Commission, County Conservation District, County Cooperative Extension Service, other County departments, or from other sources as are available.

Members of advisory committees who are not Board members shall not vote on matters before the Board.

AGRICULTURAL SECURITY AREA ADVISORY COMMITTEES:

The Board may consult with and seek the advice of Agricultural Security Area Advisory Committees with respect to the prospective purchase of easements within their respective municipalities and with respect to such other matters, as the Board deems appropriate.

FINANCES:

A. Unless otherwise stated, all monies received from State, County, or other sources shall be used for the purpose of protecting viable agricultural land in the County.

B. The Board shall operate within a budget as approved annually by the County Governing Body.

C. Board members shall not receive salary or payment for their services on the Board, but may be reimbursed for expenses incurred in the course of their service on the Board.

D. No member of the Board shall be liable for the debts of the Board.

E. Insurance - Blanket Policy

AMENDMENTS:

These bylaws may be amended at a Board meeting by a majority vote of the entire membership of the Board, subject to the approval of the County Governing Body, provided such amendments, along with a notice of the date of the meeting, shall have been circulated to all members of the Board and Governing Body at least 30 days prior to the meeting.

APPENDIX C

MINIMUM ELIGIBILITY CRITERIA

In accordance with 7 PA Code Chapter 138e.16.

The State Agricultural Land Preservation Board has established minimum requirements which farms must meet to be eligible for the easement purchase program. The farm must:

A. Be in one or more of the following:

1. Located in an Agricultural Security Area consisting of 500 acres or more.

2. Bisected by the dividing line between two local government units having the majority of its viable agricultural land with an Agricultural Security Area of 500 acres or more and the remainder in another local government unit outside of an Agricultural Security Area or more and the remainder in another county outside of an Agricultural Security Area and with respect to one of the following applies:

a. A mansion house is on the tract and located within the purchasing county.

b. When the mansion house on the tract is bisected by the dividing line between the two counties, the landowner has chosen the purchasing county as the situs of assessment for tax purposes.

c. When there is no mansion house on the farmland tract, the majority of the tractπs viable agricultural land is located within the purchasing county.

B. Have at least 50% of its soils, which are available for agricultural production and are of Capability Classes I-IV, as defined by the Natural Resource Conservation Service, USDA.

C. Contain at least 50% or 10 acres of harvested cropland, pasture or grazing lands.

D. Be contiguous acreage of at least 50 acres in size unless the tract is at least 10 acres in size and is either utilized for a crop unique to the area or is contiguous to a property which has a perpetual conservation easement in place which is held by a "qualified conservation organization" as that term is defined at Section 170(h)(3) of the Internal Revenue Code (26 U.S.C.A. ß170(h)(3)). Contiguous acreage is defined as all portions.

E. County Minimum Criteria- the farmland tract shall meet all of the following minimum criteria as set forth in 7 PA Code 138e.16.

1. Be located in an agricultural security area consisting of 500 acres or more, or meets the special provisions for parcels not entirely within an agricultural security area as set for in Appendix L.

2. Be contiguous acreage of at least 50 acres in size unless the tract has a perpetual agricultural conservation easement in place which is held by a ≥qualified conservation organization,≤ as that term is defined at Section 170(h)(3) of the Internal Revenue Code (26 U.S.C.A. 170(h)(3)).

3. Contain 50% of soils, which are available for agricultural production and are in capability classes I-IV, as defined by the USDA-Natural Resources Conservation Services.

4. Contain the greater of 50% or 10 acres of harvested cropland, pasture or grazing lands.

F. In determining the likelihood of nonagricultural use, consideration shall be given to the following factors:

1. The developmental pressures in the area.

2. Suitability of the farmland tract for development because of soil capabilities, location and configuration.

3. Pre-existing perpetual restrictions against development.

4. Location in an area identified by the county or township comprehensive plan as desirable for agricultural use.

G. The applicant's stewardship of the land, conservation practices, best management practices, nutrient management and erosion and sediment pollution control. (If required by State Law.)

H. An applicant must submit an entire parcel as identified on Butler County Tax Assessment Maps. The property owner will pay for the cost of subdividing prior to submitting the application.

I. The property owner will pay for the cost of subdividing prior to submitting the application.

APPENDIX D

BUTLER COUNTY AGRICULTURAL LAND PRESERVATION BOARD

AGRICULTURAL CONSERVATION EASEMENT PROGRAM APPLICATION FORM

A. General Information:

Owner(s) of Property

Social Security Number(s)

Address

Municipality

Telephone Number( )

Is your farm in an Agricultural Security Area? (Check one) Yes No

What is the name of the Agricultural Security Area? (NOTE: List if more than one)

*List Book and Page number where Agricultural Security Area is recorded

Street location of farmland tract:

Directions from nearest State route:

Crops grown on farmland tract:

Number and kinds of livestock:

Total acreage of farmland tract:

Acres proposed for sale:

Deed reference: Book Volume Page Number

Tax assessment numbers and acreage of each parcel

Date of USDA Soil Conservation Plan

Please submit a copy of a Nutrient Management Plan if required.

Name(s), address(es) and telephone number(s) of person(s) to contact to view the farmland tract:

B. Maps:

The applicant is required to provide the following maps as part of the application:

1. Locational map. A United States Geological Survey topographical map showing the location of the farmland tract and farm boundaries. (Note: USGS Topographical maps available in Conservation District office or phone (724-284-5270.)

2. Soils map. The soils map of the farmland tract. (Available from Soil Conservation Service.) The soils map shall color code types as follows:

Class I = Green

Class II = Yellow

Class III = Red

Class IV = Blue

Class V- VIII = uncolored

*This map shall also delineate the locations of wetlands (crosshatched) and floodplains (bold lines) on the farmland tract.

3. Tax map. Tax map(s) of the farmland tract with map reference and tax parcel numbers clearly indicated. (Available from County Assessor.)

C. Soils Report

The applicant is required to provide a soils report for the farmland tract as part of the application. The soils report needs to include a soils narrative for each of the soils on the farm.

The applicant is required to provide a table showing the capability class and use of the land as part of the application. Information must be provided on Form C - Soils Report (page 24 and 25).

BUTLER COUNTY AGRICULTURAL

CONSERVATION EASEMENT PROGRAM

APPLICATION FORM: Form C - Soils Report

Name: Township:

Total Acres: Acres Offered:

CAPABILITY CLASSES I-IV

Capability

Class

Cropland

Acres

Pasture

Acres

Other

Total

III

Subtotal

I - IV

CAPABILITY CLASSES V-VIII

Capability

Class

Cropland

Acres

Pasture

Acres

Other

Total

VII

VIII

Subtotal

V - VIII

TOTALS

Capability

Class

Cropland

Acres

Hay/Pasture

Acres

Other

Total

I-IV

V-VIII

TOTAL

Application Form C

Soils Report

Page 2

PERCENT OF TOTAL ACRES IN LAND CAPABILITY CLASSES I-IV

Step 1.

Total Acres Cropland and Pasture

in Soil Capability Classes I-IV

X 100 = %

Total Easement Acres

Step 2.

Is percentage in Step 1 fifty percent (50%), or greater? (yes/no)

Step 3.

If no, document whether 50%, or more, of total easement acreage is both available for and of soil capability classes I-IV.

PERCENT OF TOTAL ACRES IN AGRICULTURAL USE

Total Acres Cropland + Total Acres Pasture

X 100 = %

Total Easement Acres

D. Liens and Mineral Rights

Please list all mortgages, lienholders, or owners of rights in surface mineable coal, limestone or other surface mineable minerals for farmland tract:

E. Selling Price

I would consider selling an Agricultural Conservation Easement to the Butler County Agricultural Land Preservation Board and/or the Commonwealth of Pennsylvania for not less than:

1. $ for the entire farm, or

2. $ per acre, or

3. $ please check if you accept an amount to be determined by appraisal and acceptable to the buyer and the seller.

F. Signature(s)

It is necessary for all owners of the farmland tract to give their approval and consent to this application.

Signed Date

Please submit this application between January 1 - January 31st of each year. All Applications are subject to availability of funds. Submit application to:

Butler County Conservation District

122 McCune Drive

Butler, PA 16001-6501

APPENDIX E

SOIL MAPPING UNITS AND SCORES

This part of the LESA system is based on soil data obtained from the Butler County Soil Survey Report, published in 1989. Each of the 220 soil mapping units (see Soil Survey Report for description of a mapping unit) found in Butler County has been assigned a score based on a relative score of 100 for the best soils for agriculture production. All other soils in the County have been assigned relative values less than 100.

In the following tables each soil mapping unit found in the County is listed in one of seven groups, with Group 1 having a relative value of 100 and each of the remaining groups having a lower relative value.

To arrive at the approximate score for the Land Evaluation portion of the LESA system for any given tract, determine the number of acres in each mapping unit, find the group to which each mapping unit is assigned and note the relative value for that group. The relative value multiplied by the number of acres given a value for each mapping unit. The total scores for all mapping units divided by the total acres in the tract is the average relative value for the farm tract. The Land Evaluation score is determined by multiplying the average relative value by the weighted (LE) factor of .50 (50 percent weight). The maximum weighted Land Evaluation Score is 50.

An example of the Land Evaluation portion of the LESA system is given below.

Farm 1 - 73.8 acres

Soil Type	Group No.	Relative Value		Acres
GPC	4	52	x	23.8	=	1,237.6
WaB	2	72	x	30.7	=	2,210.4
BrB	5	49	x	14.2	=	695.8
ErB	3	70	x	5.1	=	357.0
				73.8		4,500.8

4,500.8 divided by 73.8 = 60.99

Weighted Land Evaluation Factor .50 (50 percent)

Land Evaluation Score is 30.49

BUTLER COUNTY AGRICULTURAL LAND PRESERVATION BOARD

NUMERICAL FARMLAND RANKING SYSTEM

LAND EVALUATION - SOILS WORKSHEET

SOIL

MAPPING

UNIT

Acreage of Each Unit

Relative Value Each

Total Soils Relative Value

SOIL

MAPPING

UNIT

Acreage of Each Unit

Relative Value Each

Total Soils Relative Value

TOTAL OF SOILS RELATIVE VALUES:

TOTAL OF SOILS RELATIVE VALUE

∏

TOTAL ACREAGE OF FARM

AVERAGE RELATIVE VALUE OF FARM

WEIGHTED FACTOR 0.50

LAND EVALUATION RATING

LIST OF SOIL MAPPING UNITS WITH RELATIVE VALUES

BUTLER COUNTY, PENNSYLVANIA

Map Mapping Relative

Symbol Unit Name Value Description

Po Pope Loam 100 0 to 8 Percent Slopes

Ph Philo Loam 100 0 to 3 Percent Slopes

GIB Gilpin Silt Loam 72 3 to 8 Percent Slopes

BuB Buchanan Loam 72 3 to 8 Percent Slopes

WaA Wharton Silt Loam 72 0 to 3 Percent Slopes

WaB Wharton Silt Loam 72 3 to 8 Percent Slopes

WhA Wheeling Silt Loam 100 0 to 3 Percent Slopes

WhB Wheeling Silt Loam 100 3 to 8 Percent Slopes

CoA Cookport Loam 72 0 to 3 Percent Slopes

CoB Cookport Loam 72 3 to 8 Percent Slopes

HaB Hazleton Channery Loam 100 3 to 8 Percent Slopes

CmB Clymer Loam 100 3 to 8 Percent Slopes

TaA Tilsit Silt Loam 72 0 to 3 Percent Slopes

RdB Riverhead Sandy Loam 72 3 to 8 Percent Slopes

BeA Braceville Loam 72 0 to 3 Percent Slopes

BeB Braceville Loam 72 3 to 8 Percent Slopes

TeB Tiltusville Silt Loam 72 3 to 8 Percent Slopes

LIST OF SOIL MAPPING UNITS WITH RELATIVE VALUES

BUTLER COUNTY, PENNSYLVANIA

Map Mapping Relative

Symbol Unit Name Value Description

At Atkins silt loam 52 0 to 3 Percent Slopes

ErB Ernest silt loam 70 3 to 8 Percent Slopes

ErC Ernest silt loam 70 8 to 15 Percent Slopes

GlC Gilpin silt loam 52 8 to 15 Percent Slopes

GnC Gilpin-Upshur complex 49 8 to 15 Percent Slopes

VcB Vandergrift-Cavode soils 52 3 to 8 Percent Slopes

VcC Vandergrift-Cavode soils 52 8 to 15 Percent Slopes

MoB Monongahela silt loam 70 3 to 8 Percent Slopes

MoC Monongahela silt loam 70 8 to 15 Percent Slopes

CeA Caneadea silt loam 52 0 to 3 Percent Slopes

CeB Caneadea silt loam 52 3 to 8 Percent Slopes

CeC Caneadea silt loam 52 8 to 15 Percent Slopes

BuC Buchanan loam 70 8 to 15 Percent Slopes

CIA Cavode silt loam 52 0 to 3 Percent Slopes

CIB Cavode silt loam 52 3 to 8 Percent Slopes

CIC Cavode silt loam 52 8 to 15 Percent Slopes

WaC Wharton silt loam 52 8 to 15 Percent Slopes

GpC Gilpin-Wharton silt loam 52 8 to 15 Percent Slopes

GoC Gilpin Weikert Channery 0 8 to 15 Percent Slopes

silt loams

GoB Gilpin Weikert Channery 52 3 to 8 Percent Slopes

silt loams

HaC Hazleton channery loam 70 8 to 15 Percent Slopes

TaB Tilsit silt loam 70 3 to 8 Percent Slopes

RdC Riverhead sandy loam 52 8 to 15 Percent Slopes

BeC Braceville loam 70 8 to 15 Percent Slopes

FeA Fredon loam 52 0 to 3 Percent Slopes

FeB Fredon loam 52 3 to 8 Percent Slopes

FrA Frenchtown silt loam 52 0 to 3 Percent Slopes

FrB Frenchtown silt loam 52 3 to 8 Percent Slopes

TeC Titusville silt loam 70 8 to 15 Percent Slopes

GrA Gresham silt loam 52 0 to 3 Percent Slopes

GrB Gresham silt loam 52 3 to 8 Percenv Slopes

GrC Gresham silt loam 52 8 to 15 Percent Slopes

CeD Caneadea silt loam 49 15 to 25 Percent Slopes

CiD Cavode silt loam 49 15 to 25 Percent Slopes

CoD Cookport loam 49 15 to 25 Percent Slopes

GmD Gilpin channery 49 15 to 25 Percent Slopes

GmD Gilpin-Ups 49 15 to 25 Percent Slopes

GpD Gilpin-Wharton 49 15 to 25 Percent Slopes

HaD Hazleton Channery loam 49 15 to 25 Percent Slopes

VcD Vandergrift Cavode 49 15 to 25 Percent Slopes

AnA Andover loam 49 0 to 3 Percent Slopes

AnB Andover loam 49 3 to 8 Percent Slopes

AnC Andover loam 49 8 to 15 Percent Slopes

BrA Brinkerton 49 0 to 3 Percent Slopes

BrB Brinkerton 49 3 to 8 Percent Slopes

BrC Brinkerton 49 8 to 15 Percent Slopes

CD Canadice 49 0 to 3 Percent Slopes

HaE Hazelton Channery loam 0 5 to 35 Percent Slopes

GoC Gilpin-Weikert 20 8 to 15 Percent Slopes

GoD Gilpin-Weikert 20 15 to 25 Percent Slopes

TrD Titusville silt loam 0 15 to 25 Percent Slopes

HgD Hazelton channery 0 15 to 25 Percent Slopes

BxB Buchanan loam 0 3 to 8 Percent Slopes

BxD Buchanan loam 0 8 to 15 Percent Slopes

HbB Hazelton loam 0 3 to 8 Percent Slopes

GoF Gilpin-weikert 0 25 to 35 Percent Slopes

AoB Andover loam 0 3 to 8 Percent Slopes

AoC Andover loam 0 8 to 15 Percent Slopes

HgF Hazelton channery loam 0 25 to 35 Percent Slopes

Ar Arents-urb 0 0 Percent Slopes

DD Dumps 0 ----

Dm Dumps 0 ----

Fc Fluvagent 0 to 3 Percent Slopes

Pm Pits 0 ----

UaB Udorthents 0 0 to 8 Percent Slopes

UaD Udorthents 0 8 to 25 Percent Slopes

UaF Udorthents 0 25 to 80 Percent Slopes

UeB Urban land 0 0 to 8 Percent Slopes

UeC Urban land 0 8 to 15 Percent Slopes

UgD Urband land 0 15 to 25 Percent Slopes

APPLENDIX F

SITE ASSESSMENT (50% OF TOTAL SCORE)

A. DEVELOPMENT POTENTIAL - Factors which identify the extent to which development pressures are likely to cause conversion of agricultural land to non-agricultural uses. Total - 100 points. (Weighted percentage value of 10%).

1. PUBLIC SANITARY SEWER SYSTEM

Distance of tract from public sanitary sewer system. A tract of land in closest proximity to sewer service shall receive a higher score.

(40) Sewer line adjacent to tract

(20) Sewer line within 1/4 mile

(10) Sewer line within 1/2 mile

(5) Sewer line within 1 mile

(0) Sewer line 2 miles or more away

1a. FOR MUNICIPALITIES WITHOUT A PUBLIC SEWER SYSTEM (Alternative Factor)

Percent of soils that would have slight to moderate limitations for on-lot sewage disposal. A tract of land which has a higher percentage of soils that are suitable for on-lot sewage disposal (Class I and II Soils) shall receive a higher score.

(40) 61% to 100%

(20) 41% to 60%

(10) 21% to 40%

(5) 6% to 20%

(0) 0% to 5%

2. PUBLIC WATER SYSTEM

Distance of tract from public water system. A tract of land in closest proximity to public water service shall receive a higher score.

(20) Water line adjacent to tract

(15) Water line within 1/4 mile

(10) Water line within 1/2 mile

(5) Water line within 1 mile

(0) Water line 2 miles or more away

3. ROAD FRONTAGE

Amount of road frontage of tract along public road. A tract with more public road frontage shall receive a higher score.

(20) Greater than 1 mile

(10) 1/2 mile to 1 mile

(5) Less than 1/2 mile

4. EXTENT OF NON-AGRICULTURAL USE IN AREA

Extent of Non-Agricultural Use in area (1 mile radius). A tract with extensive non- agricultural uses in the area shall receive a higher score than a tract that is more distant from such non-agricultural uses.

(20) Intensive development adjacent or in immediate vicinity (10 lots or more - commercial, industrial, residential uses)

(10) Intensive or extensive scattered development within 1/2 mile radius (20 lots or more commercial, industrial, residential uses)

(5) Scattered non-agricultural development within 1 mile radius (20 lots or more)

(0) No significant non-agricultural development in area

B. FARMLAND POTENTIAL - Factors which measures the potential agricultural productivity or farming practices of the site. The higher quality or the more valuable a farm is, the higher the score will be in this category. Total - 100 points. (Weighted percentage value of 30%.)

1. ACREAGE OF FARMLAND TRACT

(20) Over 80 acres

(10) 51 to 80 acres

(5) Less than 50 acres but 10 acres or more contiguous to another perpetually eased tract or farm.

2. PERCENTAGE OF TRACT IN HARVESTED CROPLAND, PASTURE, OR GRAZING

Large amounts of productive farmland make a farm more viable. If a large percentage of the tract is not used as productive farmland, a lower score will be received.

(20) 90% - 100%

(10) 71% - 89%

(5) 50% - 70%

(0) Less than 50%

3. STEWARDSHIP OF THE LAND AND USE OF CONSERVATION AND BEST MANAGEMENT PRACTICES

No score will be awarded under this factor unless sound soil and water conservation practices are in place with respect to at least 50% of the tract. The implementation of soil erosion control, sedimentation control, nutrient management and other practices demonstrating good stewardship of the tract shall be considered in scoring this factor.

(20) 86% to 100%

(15) 71% to 85%

(10) 61% to 70%

(5) 50% to 60%

(0) less than 50%

4. HISTORIC, SCENIC AND ENVIRONMENTAL QUALITIES

All tracts designated or listed by local/state/federal authorities as historically or culturally significant or designated as a scenic or open space area shall be considered under this factor. Additional consideration shall also be given to tracts adjoining designated protected areas such as flood plains, wildlife habitat, parks, forests and educational sites when scoring this factor. A tract with favorable historic, scenic and environmental qualities shall receive a higher score.

(15) Exceptional features favorable for preservation - farm listed on the National Register of Historic Places, designated scenic area

(10) Significant features favorable to preservation - farm located adjacent to areas with special environmental circumstances

(5) Features favorable to preservation - significant but undocumented historic features and/or limited but recognized environmental features favorable to preservation.

5. CENTURY FARM

Farms that have remained in agriculture for 100 or more years are a part of the County's agricultural heritage and history and should be preserved. The applicant can contact the Penn State Cooperative Extension Service in the County for this information. An application is included in Appendix J.

(10) Farm is a designated Two-Century Farm.

(5) Farm is a designated Century Farm.

6. PERCENTAGE OF LANDOWNERS TOTAL FAMILY INCOME DERIVED FROM FARMING OPERATION (NOT TENANTS INCOME)

This factor focuses on how much a farmer makes from his farming operation in relationship to his total income.

(15) 100%

(10) 75% - 99%

(5) 50% - 74%

(0) less than 50%

C. CLUSTERING POTENTIAL - Factors which measure the importance of preserving blocks of farmland which support commercial agriculture and help to shield the agricultural community against conflicts with incompatible land uses. The closer the farm is to other preserved farms or to an area where other farms are targeted for preservation, the higher the farms will score in this category. Total - 100 points. (Weighted percentage value of 10%.)

1. CONSISTENCY WITH COUNTY AND LOCAL COMPREHENSIVE PLANS

Location of tracts with respect to those areas of the county identified as important agricultural areas will be considered in scoring the clustering potential of the tract. A tract that is within an identified important agricultural area shall receive a higher score than tracts that are not.

(20) Tract is located in an area designated for agricultural use

(10) Tract is located in an area designated for both agricultural and non-agricultural uses

(0) Tract is located in an area designated for non-agricultural uses

2. PROXIMITY TO LAND WITH AGRICULTURAL CONSERVATION EASEMENTS

Location of a tract with respect to land already under agricultural conservation easement will be considered in scoring the clustering potential of the tract. A tract that is closer to restricted land shall receive a higher score than those that are not.

(40) Adjacent

(20) Within 1/4 mile

(10) Within 1/2 mile

(5) Within 1 mile

3. PERCENTAGE OF ADJOINING LAND IN AN AGRICULTURAL SECURITY AREA

The percentage of a tract's boundary that adjoins land in an Agricultural Security Area will be considered in scoring the clustering potential of the tract. Areas where agriculture has been given protection by the municipality, at the request of the landowners, provides an environment conductive to farming. The higher the percentage of the land that borders land in an Agricultural Security Area, the higher the score will be.

(20) 100%

(15) 75% - 99%

(10) 50% - 74%

(5) 25% - 49%

(0) 10% - 24%

4. CONSISTENCY WITH PLANNING MAP

Location of the tract in areas of farmland of importance utilizing the Prime and Important Farmland Map for Butler County. A tract that is located in important agricultural areas shall receive a higher score than tracts that are not. See Appendix O.

(20) Prime farmland

(15) Unique farmland, other than prime

(10) Additional farmland of state-wide importance

(5) Additional farmland that qualifies as agricultural capability Class IV.

BUTLER COUNTY AGRICULTURAL LAND PRESERVATION BOARD

NUMERICAL FARMLAND RANKING SYSTEM

SITE ASSESSMENT - WORKSHEET

DEVELOPMENT POTENTIAL

FARMLAND POTENTIAL

CLUSTERING POTENTIAL

Factor

Score

Factor

Score

Factor

Score

1. Distance from Public Sewer

1. Acreage of Farmland Tract

1. Consistency with County and Local Comprehensive Plans

1a. No Public Sewer

(alternative)

2. % of tract in harvested crop- land, pasture or grazing

2. Proximity to other

Conservation

Easements

2. Distance from Public Water

3. Conservation and Best

Management Practices

3. % of Adjoining Land in Agricultural Security Areas

3. Extent of Road

Frontage

4. Historic, Scenic and

Environmental Qualities

4. Consistency with Planning Map

4. Extent of Non-Ag Use In Area

5. Century Farm

6. % of Landowners income from farming operation