Land Preservation Procedures for Conservation Easements:

LAND PRESERVATION APPLICATION

Step 1: Nomination Process

• Property owner submits a land preservation nomination form. Applications are available at the Township municipal building.
• Application is reviewed by the office of Land Use and Preservation and added to nominated list.
• A site visit is scheduled to view the property. Members of the Environmental Advisory Council (EAC) Open Space Committee and the Director of Land Use and Preservation visit the site to assess the property according to a standard point system. Usually the owner’s preference for donation, bargain sale or fair market value sale is noted at this time.
• The EAC and staff finalize property ranking.
• Partners for possible purchase of conservation easements are identified, where applicable.
• Priority property owners are targeted and the easement purchase/donation process begins. Landowners meet with Township representatives to discuss possible options and timeframe. Other properties not targeted remain on nominated list for future inclusion.

Step 2: Negotiation Process

• The appraisal is ordered after the property owner and Township agree to negotiate a conservation easement. The appraisal will determine the fair market value before and after placing an easement. The difference will be the conservation easement value.
• Negotiations for conservation purchase are completed (usually the landowner works with an attorney). An agreement of sale is drafted and reviewed. In short, this agreement will include, the agreement of sale outlining the purchase price and other conditions, a conservation easement document outlining the restrictions and rights of grantor and grantee, a draft site plan showing eased and reserved areas, and a right-of-way agreement if necessary.
• The final agreement along with the conservation easement are approved by the Board of Supervisors at a public meeting.

Step 3: Completing the Easement

• If applicable, subordination of the mortgage is secured by the landowner usually working with their attorney. This step can be lengthy and landowners with mortgages are advised to start this process as soon as possible so settlement is not delayed. This process is required to insure the easement remains with the property in perpetuity and cannot be extinguished due to future foreclosure. The Township will require the lending institution to complete a subordination form. Some lending institutions may require other documents from the property owner as part of this process.
• A survey of the property is ordered. This process usually takes 2-3 months.
• Title search, baseline documentation, and environmental assessments are completed by the Township.
• Settlement is made and the conservation easement recorded. The total process can take up to 180 days.

Step 4:

• Each year the Township will schedule a site visit to monitor the easement.