Agricultural Preservation Restriction Program Application Processing and Closing Procedures

(1) Upon receipt of a complete Application for a Project meeting the eligibility requirements, the Department shall review the Application and complete an evaluation. (2) The evaluation may include, but is not limited to, the following: (a) A field inspection of the Project and an evaluation of its agricultural potential; (b) Referral of the Project to the appropriate regional planning agency for an opinion of the Project's compatibility with regional planning objectives; (c) Review of the Application and information contained therein as to the suitability for agricultural preservation; (d) Compatibility with Partner Agency eligibility criteria; (e) Obtaining and reviewing a full appraisal, obtained at the Department's own expense, carried out for both the Fair Market Value of the Project and the Fair Market Agricultural Land Value of the Project to determine the APR value in accordance with recognized professional appraisal standards and the applicable Executive Office of Energy and Environmental Affairs (EOEEA) and Partner Agency appraisal specifications, if applicable; and, (f) Review of Title Documents. The Department may, at its own expense, retain an attorney duly licensed and in good standing to practice law in the Commonwealth of Massachusetts with expertise in the practice of real estate conveyance and land use law who complies with all current EOEEA and Department standards, rules, and policies related to title specifications. The attorney shall perform a title search related to the Project, and provide to the Department a title abstract, certificate of title, or other documents as required by the Department. (3) Upon the completion of the evaluation and a recommendation, the Department shall: (a) Place the Project on the agenda of the next available ALPC meeting for consideration, if it determines that the Project continues to meet all Program eligibility requirements; or (b) Notify the Applicant in writing that the Project fails to meet Program eligibility requirements or funding availability. (4) The ALPC shall consider the Project at its next available meeting and may, after consideration: (a) Cast a Vote of Interest; (b) Cast a vote of no interest; or (c) Take any other just and appropriate action consistent with the goals and purposes of the APR Program, together with an explanation of its reasons. (5) Following the ALPC action: (a) The Department shall notify Applicant in writing within 30 days of the ALPC action; and (b) If the Applicant is dissatisfied with the action of the ALPC, the Applicant may, within 30 days of receipt of notice, request in writing a meeting in order to present supplementary information to the ALPC. After due notice to all parties concerned, the ALPC shall hold a meeting within 120 days of its receipt of request and shall reconsider the Project in the light of such relevant and supplementary information as may be presented to it. (6) The amount paid for the APR shall be the amount presented to the Applicant in a letter offering to purchase an APR on the Project However, this sum shall not exceed the difference between the Fair Market Value and Fair Market Agricultural Land Value, as determined by the appraisal obtained by the Department pursuant to 330 CMR 22.06(2)(e). (7) Upon the Applicant accepting an offer to purchase an APR, the Project shall be placed on the agenda of the next available ALPC meeting for consideration of a Final Vote. (8) Upon a Final Vote of the ALPC, the Applicant shall be responsible for the following activities, unless otherwise agreed in writing by the Department and the Applicant: (a) Clearing all title defects and encumbrances identified by the Department, at the Applicant's expense, and approving a metes and bounds description of the APR Parcel and any excluded parcels based upon a survey. The Applicant shall confirm in writing that the boundary description of the APR Parcel, the survey, and any excluded parcels, have been examined and have been found to be free of error; (b) Paying 50% of the cost of the survey The Department shall retain a surveyor to perform the survey according to EOEEA and Partner Agency, if applicable, specifications; (c) Cooperate in the preparation, review, and signing of a baseline report documenting the present conditions of the APR Parcel, and other documents as may be required by the Department or Partner Agency to acquire the APR; and (d) Participate in a conference with the Department to discuss, and for the Department to explain, the terms and conditions of the APR. (9) Upon completion of all actions described in 330 CMR 22.06(8)(a) through (d), including preparation of all legal instruments and the securing of all necessary funding for the transaction, including all documents required for obtaining funding from Partner Agency, if applicable, the Department will schedule a closing on the Project at or prior to which all legal instruments and documents shall be executed and final arrangements for payment of funds, adjustments, and recording of documents shall be made by the Department.