FAUQUIER COUNTYPURCHASE OF DEVELOPMENT RIGHTS PROGRAM

A TOOL FOR PRESERVING FARMLAND

PRESENTATION AT 2007 Potomac Watershed Forum V

August 10, 2007Manassas, Virginia

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

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.

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.

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

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.

FAUQUIER COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM

PROGRESS REPORT

FEBRUARY, 2007

Fauquier County,Virginia

Farmland Preservation ProgramPurchase of Development Rights

Application

January, 2007

Eligibility Criteria

1. Land is used for a bona fide agricultural operation.

2. Parcel is greater than 50 acres, or comprises a combined area of contiguous parcels to total at least 50 acres.

3. 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.

Scoring Process

• WEIGHT Standards for Ranking Maximum Weighted Score

(High:3 – Medium:2 - Low:1)

.25 Parcel Size Formula 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

.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.

.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 ScorePercentage 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.)

This Deed is Exempt from Taxation under VirginiaCode §§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 ofVirginia (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 thepurposes 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 thecritical 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 theterms contained herein; and

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.

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: _________________________

1) Alterations to the property (since last report)

a) 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? __________

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

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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 OfficeRay Pickering, Agricultural Development Director

Sherri Gabardy, PDR Associate

35 Culpeper StreetWarrenton, Virginia 20186

(540) 349-5314 (phone)(540) 349-8938 (fax) www.fauquierag.com