§ 10. Procedure for Acquisition of Development Rights.

(a)

The County Administrator shall ascertain the value of the development rights of the property, which value shall be equal to the difference between the fair market value of the property without encumbrance by a preservation easement and the fair market value of the property so encumbered. The County Administrator is hereby authorized, but not required, to contract with qualified appraisers in ascertaining the value of the development rights.

(b)

The County Administrator shall communicate to the landowner, or the designee of the landowner, in writing, an offer to purchase the development rights of the subject property. Prior to communicating any such offer, however, the County Administrator may seek the approval of the Board of Supervisors. Such offer shall be in an amount determined by the County Administrator to represent the value of such development rights and shall be subject to available funding, the approval of Board of Supervisors, and such other terms and conditions as the County Administrator may deem appropriate. It shall also be conditioned upon the absence of any defects in title or other restrictions or encumbrances that may, in the opinion of the county attorney, adversely affect the county's interests in accomplishing the purposes of this ordinance.

(c)

In the event the offer is accepted by the landowner, the County Administrator shall place the matter before the Board of Supervisors for approval. The Board of Supervisors may approve the purchase of development rights only with respect to such applications for which there is available funding, in a priority determined by points assigned under the farmland ranking system, and only upon finding that the proposed terms and conditions of purchase, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of this ordinance. In the event there is sufficient available funding for the purchase of only a portion of the property included in an application, the landowner shall be given the opportunity to submit a revised application including a lesser amount of property.

(d)

Consideration of applications that are the subject of an agreement of purchase, but for which there is insufficient available funding in the then-current fiscal year, shall be deferred to the next fiscal year or until such other time as available funding is sufficient unless the landowner withdraws the application. No preference shall be given to such applications except as indicated by the farmland ranking system.

(e)

Within sixty (60) days after the acquisition of a preservation easement, the planning director shall cause to be made on the official zoning map a notation of such acquisition and the date thereof.