§ 15.507. Process for buying easements.

This process applies only to buying easements and does not apply to donated easements or to easements acquired by dedication of a preservation parcel.

(a)

Applications. An application to sell the development rights shall be submitted to the Administrator by the landowner. The application shall be in a form approved by the Department, shall contain the information required and shall be accompanied by a nonrefundable application fee, the amount of which is set by resolution of the County Council.

(b)

Number of Applications. A landowner may submit an application for each parcel or may submit a single application as part of a package for multiple contiguous parcels.

(c)

Review by Administrator:

(1)

The Administrator shall review each application to determine if all eligibility criteria for acquiring an easement are met.

(2)

If the eligibility criteria are met, the Administrator shall evaluate the parcel, considering geographic location, productivity, soil characteristics, accessibility, size, developability, contiguity to other land on which the County holds easements, restrictions and covenants on the land, comments from other County departments, and any other information which may assist the Board in evaluating the desirability of the property.

(3)

The Administrator shall prepare a detailed report on the parcel and the pricing formula score and shall submit the report, the application and the Administrator's evaluation and recommendation to the Board for its consideration.

(4)

If the eligibility criteria are not met, the Administrator shall reject the application and shall notify the landowner of the rejection and the reason(s) for rejection. The landowner may request the Board to review the Administrator's decision to reject the application.

(d)

Review by Board:

(1)

The Board may review the application, the Administrator's report and recommendation and may make an on-site inspection of the parcel.

(2)

The Board shall hold a public meeting to receive comments from the public as to whether the parcel offered is acceptable and desirable.

(3)

After the public meeting, the Board shall determine the price to be offered according to the pricing formula and may provide any recommendations to the County Executive concerning the acquisition.

(e)

Purchase:

(1)

Offers to landowners. After determining the price to be paid per acre, based on the pricing formula, the Board shall make an offering proposal to the landowner to purchase the development rights. An offer made under this section is subject to the availability of adequate borrowing authority.

(2)

Recommendation to County Executive. If the landowner agrees to the price, terms and conditions of the offering proposal, the Board shall advise the County Executive of the agreement in a written notification briefly describing the property and the price, terms and conditions agreed upon.

(3)

Action by County Executive. The County Executive may not modify the agreed upon price, terms and conditions, and may only approve or disapprove the purchase as proposed.

(4)

Installment purchase; multiyear agreement; Federal tax exemption. If the County is to pay the price in installments, County Council approval of a multiyear agreement is required, pursuant to section 612 of the Howard County Charter. In addition, if the County and the landowner intend that the interest paid under the installment purchase agreement is to be exempt from federal income taxation, the transaction shall comply with all relevant provisions of the Internal Revenue Code of 1986, as amended.

(C.B. 10, 1993; C.B. 19, 2006, § 1; C.B. 9, 2013, § 3; C.B. 63, 2018, § 1)