3 Del. Admin. Code § 701-3.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 701-3.0 - Application Review Procedures3.1 The Foundation has the authority to approve applications establishing Agricultural Preservation Districts and the authority to purchase preservation easements. [3 Del.C. § 904] 3.2 The Foundation staff will review applications and determine whether or not the minimum eligibility requirements under Section 1.0 have been met.3.3 If the minimum eligibility requirements have not been met, then the applicant will be notified by letter from the Foundation indicating that the application does not qualify for further review, and the reasons for ineligibility.3.4 If an applicant excludes a portion of property otherwise includable in a proposed District, then the Foundation may deny the application, unless the property proposed for exclusion is not otherwise eligible for inclusion due to the use of the property at the time of the application.3.5 Subject to Section 3.3 above, if the lands proposed as a District in the application (200 or more acres) meet minimum eligibility criteria, then the Foundation staff will submit to the Foundation, the County Farmland Preservation Advisory Board and the County Planning and Zoning Authority, applications and an indication that the application meets the minimum eligibility requirements.3.6 If the applicant disagrees with the staff evaluation of the proposed District, then the applicant may contact the Foundation staff to discuss the application review. 3.6.1 Foundation staff will meet with the landowner to discuss the review within thirty (30) days from receiving formal contact from the applicant.3.7 If the issue is not resolved to the applicant's satisfaction, the applicant may request an administrative review with the Foundation by submitting a letter to the Foundation within fourteen days (14) of the applicant's last meeting with Foundation staff.3.8 This letter must include reasons and documentation to justify the applicant's claim(s).3.9 The Foundation will schedule a meeting and notify the applicant by certified letter of the date, time, and place of the meeting.3.10 At the administrative review meeting, the applicant(s) shall present information or documentation as to how the proposed District satisfies the eligibility criteria.3.11 The Foundation will render a decision within thirty (30) days from the administrative review meeting and notify the applicant in writing of its decision.3.12 Owners of real property who have executed a District Agreement or a preservation easement that incorporate the restrictions in effect prior to the Senate Bill No. 333 amendments and who elect to be released from the restrictions set forth in 9 Del.C. § 909 (a)(2)(b) pursuant to 9 Del.C. § 909 (a)(4)(c), shall comply with the following requirements: 3.12.1 Owners who have executed a district agreement and who wish to designate up to three residential lots shall designate the allowable residential acreage in sufficient detail to enable the Foundation to determine the location of the residential acreage, and while a survey may be submitted, a survey shall not be required. The Owner shall execute an amendment to the Owner's District Agreement in a form designated and acceptable to the Foundation, subjecting the real property to the restrictions set forth in 9 Del.C. § 909 (a)(1), (a)(2)(a), (a)(4)(a) and (a)(4)(b).3.12.2 Owners who have executed a preservation easement and who wish to designate up to three residential lots shall designate the allowable residential acreage in sufficient detail to enable the Foundation to determine the location of the residential acreage and shall submit to the Foundation for its review and approval, at the Owner's expense, an amended survey in recordable form. The amended survey shall show the entire parcel subject to the preservation easement and the location of any residential lots. The Owner shall execute an amendment to the preservation easement in a form designated and acceptable to the Foundation, subjecting the real property to the restrictions set forth in 9 Del.C. § 909 (a)(1), (a)(2)(a), (a)(4)(a) and (a)(4)(b).3 Del. Admin. Code § 701-3.0
19 DE Reg. 482 (12/1/2015) (Final)