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 Cumberland County
 Code of Ordinances
 Chapter 75. PURCHASE OF DEVELOPMENT RIGHTS PROGRAM

  § 75-10. Application and evaluation procedure.  

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  • Each application shall be processed and evaluated as follows:

    (1)

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

    (2)

    Application form. Each application shall be submitted to the director on a standard form prepared by the director. The application form shall require, at a minimum, that the owner provide: the names of all owners of the parcel and adjacent parcels, the address and telephone number of each owner and adjacent owner, the acreage of the parcel, the county tax map parcel number, the zoning designation of the parcel, and permission for the director and a certified 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 a certified 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.

    (3)

    Additional application information required by director. The director 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; (iii) the value of such easement; and (iv) such other information deemed necessary for the processing of an application.

    (4)

    Submittal of application. Applications shall be submitted to the director. 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 director until the next open application period.

    (5)

    Evaluation by director. The director shall evaluate each application received and determine whether the application is complete. If the application is incomplete, the director shall inform the owner in writing of the information that must be submitted in order for the application to be deemed complete. Any application remaining incomplete for 90 days shall be deemed withdrawn. When an application is deemed complete, the director shall determine whether the parcel satisfies the eligibility criteria set forth in section 75-7 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 75-8. The director shall then rank each parcel with the parcel scoring the highest percentage score being the highest ranked and descending there from. The director shall submit the list of ranked parcels to the PDR committee after each open application period.

    (6)

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

    (7)

    Evaluation by board. The board shall review the list of ranked parcels 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 and shall be subject to available funds, reasonably anticipated.

    (8)

    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.

    (9)

    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 8-21-2007)

(Ord. of 8-21-2007)