§ 5.5-36. Application and evaluation procedure.

Each application for a conservation easement shall be processed and evaluated as follows:

(a)

Application; program materials to be provided to owner. The application materials provided by the administrator to an owner shall include, at a minimum, a standard application form and information about the PDR program.

(b)

Application form. Each application shall be submitted to the administrator on a standard form prepared by the administrator. The application form shall require, at a minimum, that the owner provide: the names and signatures of all owners of the parcel, the address and telephone number of each owner, the acreage of the parcel, the Franklin County tax map and parcel number, the zoning designation of the parcel, and permission for the administrator and an independent appraiser and such other staff as may be appropriate to enter the property after reasonable notice to the owner to evaluate the parcel, and for commissioner of revenue, or designee, or an independent appraiser to appraise the property. The application form shall also include a space for an owner to indicate whether he/she volunteers to have his parcel be subject to greater restrictions than those contained in the standard deed of easement, and to delineate those voluntary, additional restrictions.

(c)

Additional application information required by administrator. The administrator may require an owner to provide additional information deemed necessary to determine: (i) whether the proposed easement is eligible for purchase; (ii) the ranking of the parcel; and (iii) the value of such easement.

(d)

Submittal of application. Applications shall be submitted to the administrator. An application fee may be required. An application may be submitted at any time during an open application period. However, applications received after an open application period deadline, shall be held by the administrator until the next open application period.

(e)

Evaluation by administrator. The administrator shall evaluate each application received and determine whether the application is complete. If the application is incomplete, the administrator shall inform the owner in writing of the information that must be submitted in order for the application to be deemed complete. When an application is deemed complete, the administrator shall determine whether the parcel satisfies the eligibility criteria set forth in section 5.5-33 and, if it does, shall determine the number of points to be attributed to the parcel by applying the ranking system in accordance with section 5.5-34. The administrator shall then rank each parcel with the parcel scoring the most points being the highest ranked and descending therefrom. The administrator shall submit the list of ranked parcels to the PDR committee after each open application period.

(f)

Evaluation by PDR committee. The PDR committee shall review the list of ranked parcels submitted by the administrator. The PDR committee shall forward to the administrator and the board recommendations of which conservation easements should be purchased.

(g)

Evaluation by board. The board shall review the list of ranked parcels submitted by the PDR committee and identify on which parcels it desires conservation easements. The board shall then prioritize the parcels on which it will seek to purchase conservation easements. Nothing in this chapter shall obligate the board to purchase a conservation easement on any property that is eligible for purchase.

(h)

Requirements and deadlines may be waived. Any requirement or deadline set forth in this chapter may be waived by the board if, for good cause, it is shown that urgent circumstances exist that warrant consideration of an application. Under such circumstances, the board may purchase a conservation easement at any time it deems necessary.

(i)

Reapplication. An owner of a parcel not selected by the board for purchase of a conservation easement may reapply in any future open application period.

(Ord. of 9-25-07)

(Ord. of 9-25-07)