HomeMy WebLinkAbout2009-4-17
BOARD OF SUPERVISORS
T E N T A T I V E
11:00 A.M., ROOM 241
APRIL 17, 2009
COUNTY OFFICE BUILDING
1. Call to Order.
2. Work Session: Revalidation Form and Process.
3. 11:30 a.m. Quarterly Luncheon Meeting with School Board
4. Adjourn.
Ret urn t o Board of Superv isors Home P age
Ret urn t o Count y Home Page
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Revalidation R equirement for Properties in the
Use Value Tax Program
SUBJECT/PR OPOSAL/REQUEST:
To prov ide information to the Board on the
Revalidation Form and Process
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Wiggans, and
Willingham
LEGAL R EVIEW: Yes
AGENDA DA TE:
April 17, 2009
ACTION: X INFOR MA TION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
On July 9, 2008, the Board of Supervisors held a work session on a proposed revalidation requirement for property in
the Use Value Tax Program. On September 3, 2008, the Board authorized a public hearing to consider adopting an
ordinanc e to establish a revalidation program. On October 1, 2008, the Board, follow ing the public hearing, adopted
the rev alidation program. At the March 11, 2009 Board meeting, the Board requested an update on the status of the
revalidation process. The details of the program are included in Attachment A. The recommended R evalidation For
Taxation On The Basis Of Land Use Ass essment Form (“Revalidation Form”) is Attachment B.
STRA TEGIC PLAN:
Objective 4.2: By June 30, 2010, increase the protec tion of the County ’s rural areas by implementing the key
strategies of the Rural Area Plan.
DISCU SSION :
Since adoption of the revalidation program, the County ’s new Assess or, with extens ive experience in the
implementation and administration of a Us e Value Tax Revalidation Program in Loudoun County, has review ed the
program. He has prepared additional information to assis t the Board in fully understanding the revalidation form and
proposed program implementation. This executive s ummary and the attachments in particular, are designed to clarify
the program and provide this additional information. Staff has met with Supervisor Thomas and Superv isor Mallek to
receive input on improv ements to the form and the planned process. Staff welcomes any additional input the Board
may have at Friday’s meeting regarding implementation of the program prior to sending this information out over the
next few w eeks.
Revalidation Form:
The attac hed revalidation form is des igned to serve as a single document for use by current participants to
document and verify their land use. It includes program dates and requirements to rev alidate each type of land us e.
While the requirements for revalidating land use for real estate devoted to agriculture and horticulture are fairly
straight forward, several points of clarific ation are inc luded below regarding real estate devoted to forest use and
open space.
1. Under technical standards of the State Land Evaluation Advisory Council (SLEAC), real estate devoted to Forest
Use that is physically ac cessible mus t be grow ing a commercial forest crop for harv esting when mature. The
allowance of not needing a harvest is only if the fores t c rop is not accessible. To help determine a forest parcel’s
qualification, the property owner should provide the Ass essor’s Offic e w ith a copy of a professional forest
management plan or Forest Land Use C ommitment. Each document should detail when the property was last
harvested or when the next harvest is planned and w hat action is planned to be tak en between harves ts.
2. To qualify for Open Space, the property must be a minimum of tw enty acres and be:
i) within an agricultural, a forestal or an agricultural and forestal district;
ii) subject to a recorded perpetual easement held by a public body; or
iii) subject to a recorded commitment entered into by the landow ners with the Board of Supervisors
(Attachment C). In addition, the property must meet SLEAC standards to protect soil and w ater quality.
As is included in the remainder of this executive summary, staff will assist property owners in understanding and
meeting the requirements of the program for each land use classification.
Revalidation Process:
The revalidation forms will be mailed with a cover letter (Attachment D) to owners of property in the Use Value Tax
Program at the beginning of May, 2009. Submission of c ompleted forms is required by September 1. Forms
received by this date w ill not be charged a fee for revalidation. Forms will continue to be accepted until D ecember 5
with the payment of a late fee of $125. H owever, if a completed form is not submitted by D ecember 5, the property
will be removed from the program and the owner required to reapply. Properties that reapply for land use because
they did not meet the December 5 deadline will be required to provide fiv e full years of data on land us e rather than
the one year of data required through revalidation.
Due to potential questions/difficulties participants may have concerning the completion of the revalidation form, staff
will make an extensiv e effort to educate participants in the Use Value Tax Program and the information needed for
revalidation. As part of that effort, the following steps will be taken to ensure that current participants have every
opportunity to understand and meet the requirements for revalidation:
1. an insert of frequently asked questions (Attac hment E) will be mailed with the rev alidation form;
2. an outreach program will be conducted using pres s releases, public notices and open houses where staff will
be available to assist property owners;
3. the Assessor’s Office w ill offer extended hours to assist property ow ners in the revalidation proc ess; and
4. sec ond notices will be sent by c ertified mail to remind property owners who have not submitted their forms by
September 1 of the requirement to revalidate to continue in the Us e Value Tax Program.
The goal of the revalidation process w ill be to educate property owners of complianc e s tandards and to ensure
properties are correctly c lassified for land use assess ment. Only in extreme cases of noncompliance with
standards of land use ass essment or refusal of the property ow ner to provide neces sary information w ill property be
removed from land us e assessment in this first revalidation cycle.
RECOMMENDA TION S:
This ex ecutive summary is intended to address the Board’s questions . Staff asks that the Board prov ide guidance
regarding any additional steps the Board may want to be taken to implement the revalidation proces s. No action by
the Board is required.
ATTAC HMENTS
A – Ex ecutive Summary from September 3, 2008
B – Revalidation Form
C – Open Space Use Agreement
D – Land U se Revalidation C over Letter
E – Land Use R evalidation Frequently Asked Questions
Return to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Use Value Tax Revalidation
SUBJECT/PR OPOSAL/REQUEST:
To prov ide information regarding a propos ed
revalidation requirement for property in the U se
Value Tax Program, to request approval of the
revalidation form, and to s et a public hearing to
consider a proposed ordinance to implement
revalidation
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Herrick,
Wiggans, and Woodzell
LEGAL R EVIEW: Yes
AGENDA DA TE:
September 3, 2008
ACTION: X INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
On July 9, 2008, the Board held a work session on a proposed revalidation requirement for property in the Use Value
Tax Program (“Program”). The Board requested staff provide a proposed revalidation form.
This Executive Summary provides the s pecifics of the proposed revalidation requirement discussed at the July
meeting, the proposed revalidation form (Attachment A), and an ordinance to implement revalidation (Attachment B).
STRA TEGIC PLAN:
Objective 4.2: By June 30, 2010, increase the protec tion of the County ’s rural areas by implementing the key
strategies of the Rural Area Plan.
DISCU SSION :
Virginia Code § 58.13234 authorizes the governing body of any county , city, or town to require property owners in the
Program to revalidate any previously approved applic ation. Revalidation requires property owners in the Program to
confirm that the property c ontinues to meet Program requirements.
To date, the County has not required revalidation. Prior to January 2007, the County conducted property
reasses sments on a biennial cycle. That tw oyear reas sessment schedule allowed the Assessor’s staff to conduct
site visits of each property in the County every two years to reassess the property and, if the property was in the
Program, physically inspect the property to gauge compliance with Program guidelines.
In 2007, the County c hanged from biennial to annual reassessments . This change res ulted in the Assessor’s staff
visiting each property every three to four y ears instead of every two years. R evalidation is a tool to as sure that
parcels enrolled in the Program continue to qualify w ithout a field vis it by an assess or.
Advantages/Disadvantages:
There are several adv antages and dis adv antages of a revalidation requirement. Adv antages of requiring revalidation
include:
greater public confidence that only qualifying parcels are receiving the special tax benefits of the Program.
regular notification to property owners of their enrollment in the Program and the requirements of the
Program.
requirement that Program participants certify their farming/forestry/horticulture/open space use (i.e.,
Schedule F, income receipts , farm numbers, etc.).
Disadvantages of requiring revalidation include:
additional administrative c osts (i.e., supply/postage expens e, staff assistance, and storage space needs).
failure to meet deadline(s) and/or provide proper documentation would result in parcel(s) being removed from
the Program, the possible as ses sment of roll back taxes and taxpayer complaints.
Comparativ e Information:
The following chart shows the revalidation requirements of other localities:
Locality U se Value Parcels Revalidation
Augusta County 6,000 Every Year, With Fee
Chesterfield County 800 Every Year, No Fee
Fluvanna County 1,500 Every Year, No Fee
Greene County 600 No
Henrico County 410 Every Year, No Fee
James City County 249 Every Year, No Fee
Louisa County 3,400 Every Two Years, No fee
Loudoun County 5,000 Every Year, With Fee
Nelson County 2,000 Every Six Years, With Fee
Orange County 1,000 Every Year, With Fee
Rockingham County 5,400 Every Six Years, With Fee
Albemarle County currently has 4,981 tax parcels in the U se Value Tax Program.
Recommended Revalidation Process:
Staff recommends that property owners in the Program be required to revalidate every two years, beginning in 2009
for tax year 2010. This tw oyear approac h w ould ease the burden of the property owner having to file every year,
while still providing the County adequate documentation that the property conforms to Program requirements.
Staff recommends an extensive education process prior to implementation of a revalidation requirement. This
education process would begin by providing information about revalidation to all affected owners with the second half
2008 tax bills (to be mailed in late October 2008) and the 2009 reass ess ment notices (to be mailed in January 2009).
Using the tax bills and reassessment notices for this step of the education process would save the cost of additional
mailings to Program participants.
The second step of the process would be the distribution of the actual revalidation forms . These forms would be
mailed in late April 2009, separately from the tax bills, to all owners in the Use Value Tax Program. The deadline for
filing the forms w ith the As sessor’s Office would be September 1, 2009. Staff recommends no fee for applicants who
file by the deadline. Applic ations would be accepted after the deadline until D ecember 5, 2009, but would require
payment of a late fee of $125. As with the initial Use Value applications , a separate revalidation would be required
for eac h parcel.
Proposed Form:
Staff collected revalidation forms in use by 12 other localities and incorporated the best elements of each form to
develop the attached proposed form (Attachment A). The proposed form requires property owners to provide certain
information and forms to verify the continued qualifying use of the property. Staff then consulted w ith several
representatives of the Farm Bureau and the farming c ommunity to ensure that the form, w hile providing the needed
information, w ould not be unduly burdensome.
Administration of the Revalidation Proc ess:
Upon receipt of the revalidation forms , the Assessor’s staff would review the paperw ork for accuracy and
compliance, and would make every attempt to contact landowners c onc erning incomplete applications prior to the
final filing deadline. Property that qualified w ould remain in the Program. Owners of property that did not qualify
would be notified and the nonqualifying properties w ould be removed from the Program.
Implementing a revalidation requirement w ould necessitate an amendment to Chapter 15, Taxation, of the County
Code pertaining to the Use Value Tax Program. In order for the forms to be mailed in s pring 2009, effective for the
2010 tax y ear, the Code amendment must be adopted by October, 2008. This would provide time for the County to
conduct a public information campaign this fall and again in January (in conjunction with the 2009 reas sessment) to
notify the public of this new requirement.
The proposed effectiv e date of the ordinance is April 1, 2009, which is after completion of the 2009 U se Value Tax
Program cy cle, but in time to implement the requirement for the 2010 tax year.
BUDGET IMPACT:
Although the revalidation forms would be sent as a separate mailing, the fiscal impact of revalidation is expected to
be minimal (less than $2,000). Expens es would include postage and printing costs. It is anticipated that existing
staff w ill be sufficient to review the documentation upon submission. Minimal expens es are anticipated for supplies
and storage. Minimal late fee revenues are projected.
RECOMMENDA TION S:
Staff requests that the Board provide direction to staff regarding the proposed revalidation process and form. In
addition, staff recommends that the Board set the attached ordinance (Attachment B) to implement the revalidation
requirement for public hearing on October 1, 2008.
ATTAC HMENTS:
A – Proposed Revalidation Form
B – Draft Ordinance
Ret urn t o ex ec summary
Created 04-14-2009
Re val ida ti o n for Taxation On T he Basis O f La nd Us e Assessment
F I L I NG DE ADLI N E W I T HOU T F E E : S EPT E M BE R 1 , 200 9
L AT E F ILI N G P E RI O D WI T H $1 25.0 0 L AT E F E E : S E PT E MB E R 2 , 20 0 9 T HR OUGH DE CEM B E R 5 , 2009
F a il ure t o co mpl et e a n d f il e th is f o rm b y t h e d e a dl i n e (s ) w il l cau s e the p rope r t y t o b e rem o ved f ro m t h e L a n d Use prog ram
a nd t h e a s s e ssm e nt o f rol l back t a xes.
NAME ACREAGE:
ADDRESS 1
ADDRESS 2 PROPERTY ID:
CITY STATE ZIP
REAL E STATE DEVOTED TO AGRICUL TURAL USE
TO QUALIF Y FO R A GR IC UL TU RA L US E : Th e a p p l icant s h a ll c e r ti f y t h a t t he r e a l est at e is b e i n g u s e d i n a B O NA F I DE p r o g r a m
o r m a n agem e nt a n d p rod u c ti o n o f f i e ld c r o p s , l i ves tock/pr oduct s , p o u lt r y/p roduc ts, d a i r y/p r o d u c t s f or s a le. The r e a l est at e must
c o n s i s t of a m ini mum o f f i ve ac res i n use .
For Agri cul tural Use: P leas e complete the a pplicable ta ble (s) bel ow OR furnis h one of the foll ow ing:
F eder al ta x f o rm s (10 4 0 F ) Fa rm E xp e n s e a n d Inc o me, (43 8 5 ) Fa rm Re n t a l I n c o me and E xp e n s e s , (1040 E ) Cas h
r e n t f o r A g ri c ul tu ral L a n d , (104 0 C) B u s iness P rof i t a nd L o s s , o r (1 1 2 0 ) Co r p o r a te Par t n e r s h ip .
Recei p t s sh o wi n g a t le a s t $1 ,000 i n Gr o s s A g r icul tu ral a n d /o r H o r ti c u lt ur a l sal e s fo r the pas t ye a r .
E vi d e n c e o f pa rt ici pat i o n i n a fed e ral fa rm su b s id y p r o g r a m .
A cons er va tion Farm Mana geme nt Plan pr epared by a profession al.
Is t hi s a c re a g e d e vo ted t o t h e p r o d u ct i o n F OR S AL E o f p lan ts and /o r a n i ma ls?
YE S NO
AGRI CULT URAL PRODUCT ION – T ABL E
ANI M ALS CROPS
KIND*
C OUN T
NO OF M ONTHS
KIND
N O O F AC RE S
AV E R AG E YI EL D **
NOTE : * P le a s u r e an im a ls (e .g . hor s es) DO N OT q u a li f y for L a n d Use a s s essm e n t . ** Ind icat e To nnage (T ) o r Do l lar s ($)
REAL E STATE DEVOTED TO HORTICULTURAL USE
TO QUALIF Y FO R HO RTICUL T URAL U S E : The appl ican t s h al l c e r ti f y t hat the r e al es tat e is b ei n g u s e d in a B ON A F I DE p r o g r a m
o r m a n agem e nt a n d p rod u c ti o n o f f r u it s o f al l k i n d s , i n c l u d i n g g rapes , n ut s a n d b e r ri e s ; vege tabl e s ; n u rse r y a nd f lo ral p ro d u c ts f o r
s a l e . Th e Real e s tat e mus t c o n s i s t of a m ini mum o f f i ve ac res i n use .
For H or tic ultur al Use: Ple ase compl ete the a ppl icable table(s) bel ow OR furnish one of the fol low ing:
F eder al ta x f o rm s (10 4 0 F ) Fa rm E xp e n s e a n d Inc o me, (43 8 5 ) Fa rm Re n t a l I n c o me and E xp e n s e s , (1040 E ) Cas h
r e n t f o r A g ri c ul tu ral L a n d , (104 0 C) B u s iness P rof i t a nd L o s s , o r (1 1 2 0 ) Co r p o r a te Par t n e r s h ip .
Recei p t s sh o wi n g a t le a s t $1 ,000 i n Gr o s s A g r icul tu ral a n d /o r H o r ti c u lt ur a l sal e s fo r the pas t ye a r .
E vi d e n c e o f pa rt ici pat i o n i n a fed e ral fa rm su b s id y p r o g r a m .
A cons er va tion Farm Mana geme nt Plan pr epared by a profession al.
Is t hi s a c re a g e d e vo ted t o t h e p r o d u ct i o n F OR S AL E o f frui t s , vege tab les, o rn a me n ta l p l a n t s a n d o rn a men tal p ro d uct s?
YE S NO
HORTICUL TURAL PRODUCTI ON – TABLE
CROPS
KIND
N O O F AC RE S
AV E R AG E YI EL D
County of Albemarle, Virginia For Office Use Only
Real Estate Office
401 McIntire Road, Room 243 Received Date:
Charlottesville, VA 22902-4596
(434) 296-5856
Received By:
Created 04-14-2009
R EAL EST AT E DEVOT ED TO FOR EST U SE
TO QUALIF Y FO R F OR E S T U S E : The o wne r s hal l c er t if y that th e r eal e s tat e (m i n im u m of t we n t y acr e s ) i s b e i n g u s e d i n a
p l a n n e d p r o g r a m o f t im ber man a g e men t a nd s o i l c o n s er vat io n p ract ic e s wh ich ar e in tende d t o e n hance t h e g r o wt h o f c om mer c i a ll y
d e s i ra b le s p eci e s thr ough gen e ra ll y acce p ted si l vi c u l tu re pr a c t ices and /or red u c e o r pr e ve nt s o il e rosi on b y B e s t Ma nagem ent
P r a c t ices s uch a s logg ing r o a d la yo u t s t a b il i za ti o n, s tr e am s id e m a n agem e n t zo n e s , wa t e r d i ver s i o n p rac ti c e s , and ot h er B e s t
Ma n a g e men t Pr a c t ices t h a t p re ven t s o i l e r o s ion and i mpr o ve wat er q u a li t y.
Is t h is a c r e a g e u n der a n ap p ro v e d F o res t Man a g e men t P l a n ?
YE S
N O
Is the lan d access ibl e to har v e s t a c r o p o f com mer c i a l t im b e r wh e n mat ur e ?
YE S
NO
Is the lan d i n accessi b l e , o r t oo s t e e p o r r o c k y to har vest c o mm e rci al t i mber ?
YE S
N O
*Fu rthe r i nf orm a ti on on st o cki n g a nd t h e Be st Manag e men t Pract i c e s g u i d e a re a va il a b l e a t : h ttp://www .dof.vi rginia.gov
At leas t one of the following docum ents must be on f ile with the R eal Estate off ice:
a plan prepared by a professional for ester .
a Landowner F orest Land Use Commitm ent form whic h is available from the R eal Estate Offic e.
OPEN SPAC E
TO QUALIF Y FO R OPE N S P A CE USE : Ge ner al l y t h e o p e n s p a c e u s e o f t h e p r o p e r t y m u s t be c onsi s te n t wi t h t he l a n d u s e p lan of
the county, which has been mad e an d ad opte d officiall y in accordance with Titl e 15 .2, Chapter 22, Article 3 o f t he Code of V irgi nia.
A lan d use consi s t e n t wit h the l a n d u s e p lan m e a n s a use t h a t i s c o n s ist ent wi th ar e a s o f l a n d u s e zo n e s d e p ict ed on a map t h a t i s
p a r t of the l a n d u s e p lan , o r t hat d ir ect l y s uppo rt s o r i s gen e ra ll y cons ist e n t wit h s ta ted l a n d u s e s , na tu ral resou rces , c o n s er va t ion
o r hi s t o r ic p r e s e r va ti on o b j e c t i ves, g o a ls or s tan d a rds of the l a n d u s e p lan .
Th e o wner s h al l c er t if y that the r e al es tat e (m i n im u m of twe n t y acr es) is d e vot e d to one of the f o l lo wing uses:
a . Conse r vation Easeme nt Held By: YES NO
b . Located in Ag ricul tural o r Forest Dis tri c t kno wn a s : YE S N O
c. Subject to an Open S p a c e Con tr a c t wit h A l b e ma rl e Co u nt y YE S NO
Acres of thi s p a rc e l is i n a n O p e n S pace Con tr a c t wit h A lb e mar l e Co u n t y
W hen d o e s the Con tr a c t E xp ir e?
mon th y ear
NOTICE: I N ADDITION TO THE ABO VE, YOU MUST COMPLETE THE FOLLOWING I F PROPERTY IS
USED BY TENANT/LESSEE
Name of Lessee Phone Number
Ad dre ss of Ten ant/Le ssee
Numbe r of a c r e s i n vol ve d in t he le a s ing and /or re n ti n g p r o p er t y .
A mount of re n t/i n c o me or c rop val u e r e c e i ved f o r t he im med iat e p a s t yea r. $
CERTIFICATI ON
I /W e f urth er c ertif y th at al l lan d fo r which use taxa tion is re quest ed meets all requi reme nts of a pplica ble Coun ty o rdin ances
a nd of t he u nifo rm st anda rds presc ribe d b y the C ommissio ner of Ag ricult ural and C onsu mer Se rvices, the St ate Fo reste r,
a nd/or t he Di recto r of th e D epa rt ment of Con servation an d Recreatio n. I/W e d ecla re u nde r pe nalt y of l aw tha t this
a p p l i c a ti o n a n d a n y at t a c hme n ts h e re to h a ve b een exami ned by me and to the best of my kno wl edge are t rue and correct .
I /W e d o h e re b y g ra nt p e rmi s s i on t he Fa rm S e rvi c e A ge n c y a n d t h e S ta t e Fo r e s t er to p r o vi de i n f ormatio n to the pro per
a u t h or i t i es f o r t he p u rp ose o f a d mi n i s t e ri n g t h e L an d U s e P r o g ra m . I /W e a g re e t o a l l ow Co u n t y real e s ta t e a s s esso rs t o
i nsp e c t t h e p rop e rt y d esc ri b e d i n t h i s a p plica t i o n a s au t ho ri zed i n V i r g i n i a C o d e S ect i o ns 5 8 .1 -32 3 3 a n d 5 8 .1 -3 28 0 .
Print Name O w ner/Aut ho riz ed Signat ure Company (if app licable) Date Da yti me Phone Number
Print Name O w ner/Aut ho riz ed Signat ure Company (if app licable) Date Da yti me Phone Number
4/15/2009 4:17 PM Open Space Use Agreement / Page 1
This document was prepared by
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number(s): __________
This instrument is exempt from taxation under Virginia Code § 58.1-811(A)(3) and Clerk’s fees under Virginia
Code §17.1-266.
OPEN-SPACE USE AGREEMENT
This Agreement, made this _____ day of __________, 20_____ between [OWNER],
hereafter called the Owner, and the COUNTY OF ALBEMARLE, VIRGINIA, a political
subdivision of the Commonwealth of Virginia, hereinafter called the County, recites and
provides as follows:
RECITALS
1. The Owner is the owner of certain real estate, described below, hereinafter called the Property;
and
2. The County is the local governing body having real estate tax jurisdiction over the Property;
and
3. The County has determined:
A. That it is in the public interest that the Property should be provided or preserved for
[Insert one or more of the following uses: park or recreational purposes; conservation of land;
conservation of (Insert description of other natural resource); an historic area; a scenic area;
assisting in the shaping of the character, direction and timing of community development; or
other use which serves the public interest by the preservation of open-space land as provided
in the land use plan.]; and
B. That the Property meets the applicable criteria for real estate devoted to open-space use as
prescribed in Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1 of the Code of
Virginia, and the standards for classifying such real estate prescribed by the Director of the
Virginia Department of Conservation and Recreation; and
C. That the provisions of this agreement meet the requirements and standards prescribed
under § 58.1-3233 of the Code of Virginia for recorded commitments by landowners not to
change an open-space use to a nonqualifying use; and
4. The Owner is willing to make a written recorded commitment to preserve and protect the
open-space uses of the Property during the term of this agreement in order for the Property to be
taxed on the basis of a use assessment and the Owner has submitted an application for such
4/15/2009 4:17 PM Open Space Use Agreement / Page 2
taxation to the assessing officer of the County pursuant to § 58.1-3234 of the Code of Virginia
and Article VIII, Chapter 15 of the Albemarle County Code; and
5. The County is willing to extend the tax for the Property on the basis of a use assessment
commencing with the next succeeding tax year and continuing for the term of this agreement, in
consideration of the Owner's commitment to preserve and protect the open-space uses of the
property, and on the condition that the Owner's application is satisfactory and that all other
requirements of Article 4, Chapter 32, Title 58.1 of the Code of Virginia and Article VIII,
Chapter 15 of the Albemarle County Code are complied with.
NOW THEREFORE, in consideration of the recitals and the mutual benefits, covenants
and terms herein contained the parties hereby covenant and agree as follows:
1. This agreement shall apply to all of the following described real estate:
[Insert property description]
2. The Owner agrees that during the term of this agreement:
A. There shall be no change in the use or uses of the Property that exist as of the date of this
agreement to any use that would not qualify as an open-space use.
B. There shall be no display of billboards, signs or other advertisements on the property,
except to (i) state solely the name of the Owner and the address of the Property; (ii) advertise
the sale or lease of the Property; (iii) advertise the sale of goods or services produced
pursuant to the permitted use of the Property; or (iv) provide warnings. No sign shall exceed
four feet by four feet.
C. There shall be no construction, placement or maintenance of any structure on the Property
unless such structure is either:
(1) on the Property as of the date of this agreement; or
(2) related to and compatible with the open-space uses of the Property which this
agreement is intended to protect or provide for.
D. There shall be no accumulations of trash, garbage, ashes, waste, junk, abandoned property
or other unsightly or offensive material on the Property.
E. There shall be no filling, excavating, mining, drilling, removal of topsoil, sand, gravel,
rock, minerals or other materials which alters the topography of the Property, except as
required in the construction of permissible buildings, structures and features under this
agreement.
F. There shall be no construction or placement of fences, screens, hedges, walls or other
similar barriers which materially obstruct the public's view of scenic areas of the Property.
4/15/2009 4:17 PM Open Space Use Agreement / Page 3
G. There shall be no removal or destruction of trees, shrubs, plants and other vegetation,
except that the Owner may:
(1) engage in agricultural, horticultural or silvicultural activities, provided that there shall
be no cutting of trees, other than selective cutting and salvage of dead or dying trees,
within 100 feet of a scenic river, a scenic highway, a Virginia Byway or public property
listed in the approved State Comprehensive Outdoor Recreation Plan (Virginia Outdoors
Plan); and
(2) remove vegetation which constitutes a safety, a health or an ecological hazard.
H. There shall be no alteration or manipulation of natural water courses, shores, marshes,
swamps, wetlands or other water bodies, nor any activities or uses which adversely affect
water quality, level or flow. [Required only for properties which are to be provided or
preserved for natural areas left in undeveloped states, including floodways]
I. On areas of the Property that are being provided or preserved for conservation of land,
floodways or other natural resources, or that are to be left in a relatively natural or
underdeveloped state, there shall be no operation of dune buggies, all-terrain vehicles,
motorcycles, motorbikes, snowmobiles or other motor vehicles, except to the extent
necessary to inspect, protect or preserve the area. [Required only for properties which are to
be provided or preserved for natural areas left in undeveloped states, including floodways]
J. There shall be no industrial or commercial activities conducted on the Property, except for
the continuation of agricultural, horticultural or silvicultural activities; or activities that are
conducted in a residence or an associated outbuilding such as a garage, smokehouse, small
shop or similar structure which is permitted on the property.
K. There shall be no separation or split-off of lots, pieces or parcels from the Property. The
Property may be sold or transferred during the term of this agreement only as the same entire
parcel that is the subject of this agreement; provided, however, that the Owner may grant to a
public body or bodies open-space, conservation or historic preservation easements which
apply to all or part of the Property.
3. This agreement shall be effective upon acceptance by the County; provided, however, that the
real estate tax for the Property shall not be extended on the basis of its use value until the next
succeeding tax year following timely application by the Owner for use assessment and taxation
in accordance with Article VIII, Chapter 15 of the Albemarle County Code. Thereafter, this
agreement shall remain in effect for a term of [Insert a period of not less than 4 nor more than
10] consecutive tax years.
4. Nothing contained herein shall be construed as giving to the public a right to enter upon or to
use the Property or any portion thereof, except as the Owner may otherwise allow, consistent
with the provisions of this agreement.
4/15/2009 4:17 PM Open Space Use Agreement / Page 4
5. The County shall have the right at all reasonable times to enter the Property to determine
whether the Owner is complying with the provisions of this agreement.
6. Nothing in this agreement shall be construed to create in the public or any member thereof a
right to maintain a suit for any damages against the Owner for any violation of this agreement.
7. Nothing in this agreement shall be construed to permit the Owner to conduct any activity or to
build or maintain any improvement which is otherwise prohibited by law.
8. If any provision of this agreement is determined to be invalid by a court of competent
jurisdiction, the remainder of the agreement shall not be affected thereby.
9. The provisions of this agreement shall run with the land and be binding upon the parties, their
successors, assigns, personal representatives, and heirs.
10. Words of one gender used herein shall include the other gender, and words in the singular
shall include words in the plural, whenever the sense requires.
11. This agreement may be terminated in the manner provided in § 15.2-4314 of the Code of
Virginia for withdrawal of land from an agricultural, a forestal or an agricultural and forestal
district.
12. Upon termination of this agreement, the Property shall thereafter be assessed and taxed at its
fair market value, regardless of its actual use, unless the County determines otherwise in
accordance with applicable law.
13. Upon execution of this agreement, it shall be recorded with the record of land titles in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia, at the Owner's expense.
14. NOTICE: WHEN THE OPEN-SPACE USE OR USES BY WHICH THE PROPERTY
QUALIFIED FOR ASSESSMENT AND TAXATION ON THE BASIS OF USE CHANGES
TO A NONQUALIFYING USE OR USES, OR WHEN THE ZONING FOR THE PROPERTY
CHANGES TO A MORE INTENSIVE USE AT THE REQUEST OF THE OWNER, THE
PROPERTY, OR SUCH PORTION OF THE PROPERTY WHICH NO LONGER QUALIFIES,
SHALL BE SUBJECT TO ROLL-BACK TAXES IN ACCORDANCE WITH § 58.1-3237 OF
THE CODE OF VIRGINIA. THE OWNER SHALL BE SUBJECT TO ALL OF THE
OBLIGATIONS AND LIABILITIES OF SAID CODE SECTION.
4/15/2009 4:17 PM Open Space Use Agreement / Page 5
OWNER
______________________________(SEAL)
[Owner]
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF___________________:
The foregoing Open-Space Use Agreement was signed, sworn to and acknowledged
before me this _______ day of _______________, 200___, by [Owner], Owner.
______________________________
Notary Public
My Commission Expires: ______________
Notary Registration No. ________________
COUNTY OF ALBEMARLE, VIRGINIA
By:_____________________________
Robert W. Tucker, Jr.
County Executive
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF___________________:
The foregoing Open-Space Use Agreement was signed, sworn to and acknowledged
before me this _______ day of _______________, ____ by Robert W. Tucker, Jr., County
Executive, on behalf of the County of Albemarle, Virginia.
______________________________
Notary Public
My Commission Expires: ______________
Registration number: ___________________
Approved as to form:
By:___________________
County Attorney
Name
Address 1
Address 2
Address 3
Address 4
Date
Re: 2010 Land Use Revalidation
Dear Property Owner:
Enclosed you will find your 2010 Revalidation Form for Taxation on the Basis of Land
Use Assessment. A separate form is required to be filed for each tax parcel in the Land
Use Assessment Program. Also enclosed is a list of Frequently Asked Questions that will
assist you in completing the Revalidation Form.
Please note the deadline for filing your Revalidation form without penalty is
September 1, 2009. Revalidation forms will be accepted from September 2, 2009
until December 5, 2009 with a $125 late fee per parcel.
Failure to file your revalidation form will result in the property’s removal from the
Land Use Assessment Program and the possible assessment of roll back taxes.
If you have questions or need assistance, please call the Office of the County Assessor at
434-296-5856.
Sincerely
Robert H. Willingham
County Assessor
LAND USE ASSESSMENT REVALIDATION
FREQUENTLY ASKED QUESTIONS
What is Land Use Revalidation?
Revalidation is required to verify that all property in the Land Use Assessment Program
is being used according to qualifying standards. Revalidation will ensure integrity in the
Program for all citizens of the County.
What are the qualifying standards for Land Use Assessment?
The standards vary depending on the category sought. For all categories, the owner must
use the best management practices to protect soil and water quality. The basic production
standards are as follows:
AGRICULTURE – The property must be dedicated to the production of plants/plant
products and/or animals/animal products that are useful to man and are primarily for
commercial sale. Products include typical field crops such as hay, grains, corn, soybeans,
and Christmas trees and animals such as cattle, swine, poultry, equine, etc. Horses kept
for pleasure and not in a commercial use (such as boarding, breeding, or training) do not
qualify.
HORTICULTURE – The property must be dedicated to the production of fruits, nuts or
berries that are useful to man and are primarily for commercial sale. Vineyards generally
qualify under Horticulture.
FOREST – A Forest Plan prepared by a professional forester or an owner’s written
commitment must be provided to qualify for Forest use. All forest land is classified as
either Productive or Non-Productive.
Productive Forest Land has well distributed, commercially valuable trees. The land
must be growing a commercial forest crop that is physically accessible for harvesting
when mature. The ultimate goal is to harvest the trees when mature and economically
feasible.
Non-Productive Forest Land is not capable of growing a crop of industrial wood
because of outcrops of rock, shallow soil, excessive steepness or other conditions that
would prohibit the growth and harvesting of a crop of trees suitable for commercial use.
The property will qualify if best management practices are used.
OPEN SPACE – The property must be consistent with the land use plan of the County
and support conservation of natural resources, conservation of scenic/historic resources
objectives, floodways or aid in the shaping of the character, direction and timing of
community development for the public interest. The property must be subject to either:
1) a Conservation Easement with a public body,
2) a Agricultural or Forest District, or
3) an Open Space Agreement with the County
What do I have to do to revalidate my property in Land Use
Assessment?
The form has separate sections for Agriculture, Horticulture, Forest and Open Space.
Those revalidating Agriculture or Horticulture uses may complete those sections of the
form OR provide documentation that relate to your qualifying use. All of a property’s
owners must sign the form. Those revalidating Forest use must provide a Forest
Management Plan or Owner’s Commitment. Those revalidating Open Space must check
the appropriate use the property is devoted to. Incomplete forms will not be accepted for
Revalidation.
What is acceptable documentation to show a qualifying use?
You may provide information in the table or provide Federal tax forms such as a 1040F -
Farm Expense and Income, 4385 - Farm Rental Income and Expense, 1040E - Cash Rent
for Agricultural Land, and 1040C - Business Profit and Loss, and receipts from the sale
of qualifying products are acceptable.
How do I show a qualifying use if a farmer or someone else uses my
land?
While the property owner is ultimately responsible for the revalidation, a property’s
user(s) may also provide the documentation or complete the appropriate section of the
Revalidation Form. The Revalidation Form includes a space to identify a tenant or
lessee.
Can bartering be used instead of a cash lease to use my property?
Yes, as long as the property is used in a qualifying manner, bartering for goods or
services is allowed. The property’s user(s) must provide the documentation or complete
the appropriate section of the Revalidation Form.
Must I have income for every year to revalidate?
No. You or whoever uses the land should average a $1,000 of gross income over a three-
year period to show a bona fide operation. If you average less than $1,000, the County
Assessor will review the circumstances of your situation to determine if the property
continues to qualify for the Program.
Am I required to produce a crop every year?
No. A property can be fallow for a reasonable time to improve soil quality. The property
owner should take steps to improve the soil quality if no crop is produced.
How many acres do I need to qualify for Land Use Assessment?
The acreage requirements vary by category. Agriculture and Horticulture require five
acres in use to qualify. Forestry and Open Space require 20 acres in use to qualify.
I own six acres of Agricultural land but only produce a crop on three
acres. Do I meet the minimum acreage requirement?
No. The minimum acreage requirement is met only if land is in production or otherwise
qualified. Merely owned acreage is not the determining factor. Land being used is the
determining factor.
Why do I need a professional forest management plan or owner’s
commitment?
The forest management plan or commitment is the detail of how you will meet the
standards for Forest Use. It outlines when you should harvest and what steps you need to
take between harvests to produce a commercial crop of forest products. The Assessor’s
Office will review the goals and objectives of plans or commitments to ensure they meet
qualifying standards.
How will the Assessor’s Office verify what I put on the Revalidation
Form is accurate?
Properties will be inspected onsite to verify the accuracy of the information provided on
the Revalidation Form.
What will happen if I can not or do not revalidate my Land Use
Assessment?
State law require the assessment of Roll Back taxes, which are the deferred taxes for the
previous five years plus interest at 10% per year. In addition, the current year assessment
changes from use value to fair market value.
Are there any exceptions for hardship or conditions beyond my control?
Every situation is different. Generally there are no exceptions unless an emergency
situation is declared by the Governor.
If I disagree with the decision of the Assessor’s Office, do I have any
appeal rights?
Yes. Disagreements over the assessed value may be appealed to the local Board of
Equalization. In determining a property’s qualification for use-value taxation, the
Assessor may request an opinion from the Director of the Department of Conservation
and Recreation, the State Forester or the Commissioner of Agriculture and Consumer
Services. An aggrieved party may appeal to the Circuit Court.
Do these questions cover everything a property owner needs to know
about Land Use Assesments?
No. It would be impossible to cover every aspect of the Land Use Assessment Program.
A number of documents are available online or upon request from the Assessor’s Office,
including:
• the applicable sections of the Code of Virginia (http://leg1.state.va.us/cgi-
bin/legp504.exe?000+cod+TOC58010000032000000000000) and County
Ordinances
(http://www.albemarle.org/upload/images/forms_center/departments/county_atto
rney/forms/Albemarle_County_Code_Ch15_Taxation.pdf),
• the Manual of the State Land Evaluation Advisory Committee (SLEAC)
(http://usevalue.agecon.vt.edu/myweb3/Procedures/SLEAC%20Manual%202003
.pdf), and
• various opinions of the Attorney General and SLEAC.
Is help available if I have question or need assistance in completing the
form?
Yes. Staff in the County Assessor’s Office is available to answer questions or clarify
what is needed to revalidate Land Use Assessments. Normal business hours are 8:00
a.m. to 5:00 p.m. Monday through Friday. Extended office hours and open houses at
various locations in the County will be announced on the web at www.albemarle.org and
in the local press at a later date. Please contact us at:
Office of the County Assessor
401 McIntire Road, Room 243
Charlottesville, VA 22902
(434)296-5856