This Section shall be known and may be cited as the "purchase of development rights ("PDR") program."

As a result of the recommendations of Commission 2000, it is the policy of the County to restrict growth in the Rural and Agricultural Areas, to provide regulatory incentives to restrict the development of certain lands in perpetuity and to preserve sensitive natural resources. The County Council recognizes both the need and the public value of protecting farm and forest lands, ecologically fragile watershed and flood plains, as well as the more general need to protect scenic vistas and view sheds enjoyed by the citizens and residents of the County.

The regulations in this Division are established for the following purposes: Implement the policies of the Prince George's County General Plan and the Green Infrastructure Plan relating to the Rural and Agricultural Areas; Preserve ecologically fragile and aesthetically valuable environments of the County, including streams, stream valleys, flood plains, wetlands, groundwater, steep slopes, woodlands, habitats, scenic vistas and scenic corridors; Retain agricultural land and augment other local and state programs certified in accordance with the Code of Maryland Regulations for the preservation of agricultural land; Maintain rural character; Limit non-agricultural uses; Conserve and protect biodiversity, wildlife and aquatic habitat; and Promote tourism through the preservation of scenic resources.

The PDR program shall be available to all land zoned AG, AR, RE, and RR in the Rural and Agricultural Areas. Any conservation easement acquired under the PDR program shall be voluntarily offered by the landowner.

The following definitions shall apply to the interpretation and implementation of the PDR program: Board. The term Board shall mean the Agricultural Preservation Advisory Board as defined in Section 3-107 of the Prince George's County Code. Conservation Easement. The term "conservation easement" shall be defined as a non-possessory interest encumbering a qualifying property, whether the easement is appurtenant or in gross, and conveyed by a landowner in connection with the PDR program for the purpose of restricting the development potential on the property in perpetuity. Department. The term "department" means the Prince George's Soil Conservation District. Parcel. The term "parcel" means a lot or acreage parcel, lawfully recorded among the Land Records of the County. Program Administrator. The term "program administrator" means the District Manager of Prince George's Soil Conservation District or his designee. Construction. A conservation easement may encumber one (1) or more parcels or portions; therefore, for the purposes of the PDR program the term "parcel" shall include all of the property described in the legal description attached to the conservation easement and recorded among the Land Records of the County.

The Program Administrator shall administer the daily activities of the County's PDR program. Prince George's Soil Conservation District shall function as the central clearing house for all PDR related activities and shall have the following powers and duties: Promulgation of program regulations and procedures for the proper administration and implementation of the PDR program subject to County Council approval. Promote the PDR program by providing educational materials to the public and conducting informational meetings. Investigate and pursue additional public and private resources to fund the program and maximize private participation. Evaluate all applications to determine their eligibility and ranking score, rank applications and include the ranking in the recommendations to the Board. Prepare a report on the development potential for each parcel subject to an application from a development certification provided by the Department of Planning and include a summary in the recommendations to the Board. Coordinate the preparation of appraisals to be included in the recommendations to the Board. Provide the staff support, report and recommendation to the Board for each application. Monitor conservation easements purchased to ensure compliance with the terms and conditions of each easement. The Board shall have the following powers and duties: The Board shall review the report and recommendation for each application provided by the Program Administrator and determine which easements should be purchased. Periodically review the program regulations and procedures and make recommendations to the Program Administrator and the County Council of any changes needed to maintain the program's consistency with the Prince George's County General Plan and the Green Infrastructure Plan relating to the Rural and Agricultural Areas.

A parcel must meet the following criteria to be eligible to participate in the program: the parcel must be zoned AG, AR, RE, or RR and located in the Rural and Agricultural Areas; privately owned; the parcel shall be capable of being further developed; include a minimum of thirty-five (35) acres with no more than one (1) single-family dwelling, or include a minimum of twenty (20) acres with no more than one (1) single-family dwelling and be contiguous to property held as a public park or preserve or property otherwise permanently protected from development by easement or otherwise; notwithstanding the forgoing criteria, a property may be deemed eligible by the County Council upon a determination that the property has sensitive natural resources and there is an important public value of protecting the property for the citizens and residents of the County. Portions of parcels shall not be eligible to participate in the program if the development rights have been extinguished by the donation or sale of an easement to any other party that specifically protects woodlands for another purpose including but not limited to approved TCPs for other development, deed restrictions, and declarations of covenants for woodland conservation banking.

In order to effectuate the purposes of the PDR program, parcels for which conservation applications have been received shall be ranked according to criteria and the point values established in the regulations. The criteria shall include the size of the parcel; natural, cultural and scenic resources; development pressures; proximity to other preserved land; soils; family farm and deferral from a prior funding cycle as a result of insufficient funding.

Each conservation easement shall be in a form approved by the County Attorney, and shall contain, at a minimum, the following provisions: Restriction on division. The parcel shall be restricted from any further division except as may provided in the program regulations. No buy-back option. The owner shall not have the right to re-acquire the development potential extinguished by the easement. Agricultural uses. Agricultural uses shall be permitted on a parcel subject to a conservation easement. Prohibited uses. Industrial or non-agricultural commercial uses shall not be permitted on a parcel encumbered by a conservation easement. Designation of Easement Holders. The County shall be the easement holder of each easement. The easements shall be recorded in the Land Records of the County and a copy of the recorded easement shall be forwarded to the Department of Permitting, Inspections, and Enforcement.

The Board shall make offers to purchase easements based on the ranking and recommendations of the Program Administrator and the offer shall include one (1) of the following payment options: Lump sum payment for acquisition of the easement; or Installment purchase by a multi-year agreement. If funding is insufficient during a program year to purchase easements from all of the applicants, the Board may recommend that some or all of the remaining applications be considered for acquisition in the next program year.

Inspection. The Program Administrator or his designee shall have the right, upon prior written notice to the landowner, to enter upon the land subject to a conservation easement annually to inspect for compliance with the terms and conditions of the conservation easement. Damages. The County shall be responsible for enforcing the conservation easement and may seek damages up to twenty-five percent (25 %) of the value of the easement if the landowner engages in practices or activities on the parcel which are inconsistent with the spirit and intent of the conservation easement. Injunction. In addition to other remedies available, the County may seek an injunction to halt the practices or activities which violate the terms and conditions of the easement.

General. The landowner retains all of the rights of a fee simple owner, except for the development rights, which shall be extinguished by the conservation easement pursuant to this Subtitle. The conservation easement does not grant the public any rights of access or rights to use the land whatsoever. Limited Number of Dwellings. This Subsection applies to parcels of fifty (50) acres or more. A landowner shall be entitled to create one (1) additional dwelling in connection with an intra-family transfer per twenty-five (25) acres pursuant to requirements of the program regulations.

The PDR program shall be funded annually by the County Council, upon advice of the County Executive, or by special appropriation. The County shall seek funding from Federal, State and private sources to implement the purposes of the PDR program.