Appendix D: Conservation Easement
Appendix D: Conservation Easement
Outlined below is a sample conservation Objectives”) for the Property set forth below: intact habitats allow larger, healthier (b) Goals
easement agreement. The sample populations of a species to persist; thus, (i) Highest Protection Area. This
agreement is based on a model agreement (a) Resource Protection Objectives increasing the chance of survival over time. Conservation Easement seeks to protect
developed by the Pennsylvania Land Trust (i) Water Resources. This Conservation Fragmentation of large habitats often decreases natural resources within the Highest
Association. Easement seeks to protect the quality of water the connectivity of systems, negatively Protection Area so as to keep them in an
resources by maintaining buffer within the affecting the movement of species necessary undisturbed State except as required to
THIS CONSERVATION EASEMENT dated vicinity of streams, wetlands and other water for fulfilling nutritional or reproductive promote and maintain a diverse
as of ___________ (the “Easement Date”) is resources described in the Baseline requirements. community of predominantly Native
by and between ________________ (“the Documentation. Barnyard runoff controls and Species.
undersigned Owner or Owners”) and preservation of conservation cover on Steep (iv) Scenic Resources. This Conservation
________________ (the “Holder”). Slopes are also implemented to protect water Easement seeks to preserve the relationship of (ii) Standard Protection Area. This
resources. These measures help to protect scenic resources within the Property to natural Conservation Easement seeks to promote
Article I. Background water resources from sediment and non-point and scenic resources in its surrounds and to good stewardship of the Standard
pollution and promote the infiltration, protect scenic vistas visible from public rights- Protection Area so that its soil and other
1.01 Property detention and natural filtration of storm water. of-way and other public access points in the natural resources will always be able to
The undersigned Owner or Owners are the The restrictions also preserve habitat for vicinity of the Property. support Sustainable Agriculture or
sole owners in fee simple of the Property Native Species dependent on water resources. Sustainable Forestry.
described in Exhibit “A” (the “Property”). (v) Sustainable Land Uses. This Conservation
The Property is also described as: (ii) Forest and Woodland Resources. This Easement seeks to ensure that Agriculture, (iii) Minimal Protection Area. This
Street Address: Conservation Easement seeks to promote Forestry and other uses, to the extent that they Conservation Easement seeks to promote
Municipality: biological diversity and to perpetuate and are permitted, are conducted in a manner that compatible land use and development
County: foster the growth of a healthy and will neither diminish the biological integrity of within the Minimal Protection Area so that
State: Pennsylvania unfragmented forest or woodland. Features to the Property nor deplete natural resources over it will be available for a wide variety of
Parcel Identifier: be protected include Native Species; time nor lead to an irreversible disruption of activities, uses and Additional
Acreage: continuous canopy with multi-tiered ecosystems and associated processes. Improvements subject to the minimal
understory of trees, shrubs, wildflowers and Agricultural and Forestry activities are constraints necessary to achieve
1.02 Conservation Plan grasses; natural habitat, breeding sites and regulated so as to protect soils of high Conservation Objectives outside the
Attached as Exhibit “B” is a survey or other corridors for the migration of birds and productivity; to ensure future availability for Minimal Protection Area.
graphic depiction of the Property (the wildlife. Species other than Native Species Sustainable uses; and to minimize adverse
“Conservation Plan showing, among other often negatively affect the survival of Native effects of Agricultural and Forestry uses on 1.04 Baseline Documentation
details, the location of one or more of the Species and disrupt the functioning of water resources described in the Conservation As of the Easement Date, the undersigned
following areas – the Highest Protection ecosystems. Trees store carbon, offsetting the Objectives. Owner or Owners and Holder have signed
Area, the Standard Protection Area and the harmful by-products of burning fossil fuels for identification purposes the report (the
Minimal Protection Area. and trap air pollution particulates, cleaning air. (vi) Compatible Land Use and Development. “Baseline Documentation”), to be kept on
Certain areas have been sited within the file at the principal office of Holder, that
1.03 Conservation Objectives (iii) Wildlife Resources. This Conservation Property to accommodate existing and future contains an original, full-size version of the
This Conservation Easement provides Easement seeks to protect large intact areas of development taking into account the entirety Conservation Plan and other information
different levels of protection for the areas wildlife habitat and connect patches of wildlife of the natural potential of the Property as well sufficient to identify on the ground the
shown on the Conservation Plan so as to habitat. Large habitat patches typically support as its scenic resources. protection areas identified in this Article;
achieve the goals and resource protection greater biodiversity and can maintain more that describes Existing Improvements; that
objectives (collectively, the “Conservation ecosystem processes than small patches. Large identifies the conservation resources of the
Southern Allegheny Greenways and Open Space Network Plan May 2007 D-1
Appendix D: Conservation Easement
Property described in the Conservation (b) Public Benefit subject to Review under this Conservation nature preserve, public trail or other
Objectives; and that includes, among The Baseline Documentation identifies public Easement, Owners agree to notify Holder conservation purposes consistent with and
other information, photographs depicting policy Statements and other factual before exercising any reserved right that may in furtherance of Conservation Objectives.
existing conditions of the Property as of the information supporting the significant public have an adverse impact on the conservation
Easement Date. benefit of this Conservation Easement as interests associated with the Property. (c) Agricultural Lease
defined in §1.170A-14(d)(4)(iv) of the Transfer of possession (but not ownership)
1.05 Structure of Conservation Easement Regulations. (f) Qualification under §2031(c) of the Code of land by lease for Sustainable Agriculture
This Conservation Easement is divided into To the extent required to qualify for exemption or Sustainable Forestry purposes in
eight Articles. Articles II, III and IV contain (c) Mineral Interests from Federal eState tax under §2031(c) of the compliance with applicable requirements of
the restrictive covenants imposed by the No Person has retained a qualified mineral Code, and only to the extent such activity is this Conservation Easement.
undersigned Owner or Owners on the interest in the Property of a nature that would not otherwise prohibited or limited under this
Property. In Article V the undersigned disqualify the Conservation Easement for Conservation Easement, Owners agree that 2.03 Subdivision Requirements
Owner or Owners grant to Holder and purposes of §1.170A-14(g)(4) of the commercial recreational uses are not permitted (a) Establishment of Lots; Allocations.
Beneficiaries (if any) certain rights to Regulations. within the Property. Prior to transfer of a Lot following a
enforce the restrictive covenants in Subdivision, Owners must (i) furnish
perpetuity against all Owners of the (d) Property Right 1.07 Beneficiaries Holder with the plan of Subdivision
Property (“Enforcement Rights”). Article V In accordance with §1.170A-14(g)(6) of the As of the Easement Date, no Beneficiaries of approved under Applicable Law and legal
also contains the procedure for Review Regulations, the undersigned Owner or this Conservation Easement have been description of the each Lot created or
applicable to those items permitted subject Owners agree that this Conservation Easement identified by the undersigned Owner or reconfigured by the Subdivision; (ii) mark
to Review under Articles II, III and IV. gives rise to a property right, immediately Owners and Holder. the boundaries of each Lot with permanent
Article VI details the procedures for vested in the Holder, that entitles the Holder to markers; and (iii) allocate in the deed of
exercise of Enforcement Rights. Article VII compensation upon extinguishment of the Article II. Subdivision transfer of a Lot created by the Subdivision
contains provisions generally applicable to easement. The fair market value of the those limitations applicable to more than
both Owners and Holder. The last Article property right is to be determined in 2.01 Prohibition one Lot under this Conservation Easement.
entitled “Glossary” contains definitions of accordance with the Regulations; i.e., it is at No Subdivision of the Property is permitted This information will become part of the
capitalized terms used in this Conservation least equal to the proportionate value that this except as set forth below. Baseline Documentation incorporated into
Easement and not defined in this Article I. Conservation Easement as of the Easement this Conservation Easement.
Date bears to the value of the Property as a 2.02 Permitted Subdivision
1.06 Federal Tax Items whole as of the Easement Date (the The following Subdivisions are permitted: (b) Amendment
(a) Qualified Conservation Contribution “Proportionate Value”). If the Proportionate Holder may require Owners to execute an
This Conservation Easement has been Value exceeds the compensation otherwise (a) Lot Line Change Amendment of this Conservation Easement
donated in whole or in part to Holder by payable to Holder under Article VI, Holder is Subdivision resulting in (i) no additional Lot; to reflect changes and allocations resulting
the undersigned Owner or Owners. It is entitled to payment of the Proportionate Value. and (ii) no material decrease in the acreage of from Subdivision that are not established to
intended to qualify as a charitable donation Holder must use any funds received by the Property; or (iii) subject to Review, other the reasonable satisfaction of Holder by
of a partial interest in real eState (as defined application of this provision in a manner change in the boundary of the Property or any recordation in the Public Records of the
under §170(f)(3)(B)(iii) of the Code, a consistent with the Conservation Objectives. Lot not creating any additional Lot. plan of Subdivision approved under
“Qualified Conservation Contribution”) to Applicable Law.
a qualified organization (as defined in (e) Notice Required under Regulations (b) Transfer to Qualified Organization
§1.170(A-14(c)(1) of the Regulations, a To the extent required for compliance with Subdivision to permit the transfer of a portion
“Qualified Organization”). §1.170A-13(g)(4)(ii) of the Regulations, and of the Property to a Qualified Organization for
only to the extent such activity is not otherwise use by the Qualified Organization for park,
D-2 Southern Alleghenies Planning & Development Commission
Appendix D: Conservation Easement
Article III. Improvements if there is no other reasonably feasible means to (iii) Access Drives and farm lanes are limited to (ii) Utility Improvements and Site
provide access and utility services to the __ feet in width and are further limited, in the Improvements servicing activities, uses or
3.01 Prohibition Property. aggregate, to ___ feet in length. Improvements permitted within the
Improvements within the Property are (iv) Ponds are limited, in the aggregate, to ___ Property. Signs remain limited as set forth
prohibited except as permitted below in 3.03 Permitted Within Standard Protection square feet of Impervious Coverage. for the Standard Protection Area.
this Article. Area (v) In addition to Regulatory Signs, signs are
The following Improvements are permitted limited to a maximum of ___ square feet per (c) Limitations
3.02 Permitted Within Highest Protection within the Standard Protection Area: sign and ___ square feet in the aggregate for all (i) Not more than ___ Improvements
Area signs within the Property. (whether an Existing Improvement or
The following Improvements are permitted (a) Permitted under Preceding Sections (vi) Utility Improvements must be Additional Improvement) may contain
within the Highest Protection Area: Any Improvement permitted under a underground or, subject to Review, may be Dwelling Units (if any) permitted under
preceding section of this Article is permitted. aboveground where not reasonably feasible to Article IV.
(a) Existing Improvements be installed underground or where used as a (ii) Additional Improvements are subject to
Any Existing Improvement may be (b) Additional Improvements means of providing alternative sources of a Height limitation of __ feet.
maintained, repaired and replaced in its The following Additional Improvements are energy (such as wind or solar).
existing location. Existing Improvements permitted: Article IV. Activities; Uses; Disturbance of
may be expanded or relocated if the (i) Agricultural Improvements. The following Utility Improvements are not Resources
expanded or relocated Improvement (ii) Utility Improvements and Site permitted unless Holder, without any
complies with requirements applicable to Improvements reasonably required for obligation to do so, approves after Review: (A) 4.01 Prohibition
Additional Improvements of the same type. activities and uses permitted within the exterior storage tanks for petroleum or other Activities and uses are limited to those
Standard Protection Area. hazardous or toxic substances (other than permitted below in this Article and
(b) Existing Agreements reasonable amounts of oil, petroleum or provided in any case that the intensity or
Improvements that Owners are required to (c) Limitations on Additional Improvements propane gas for uses within the Property frequency of the activity or use does not
allow under Existing Agreements are Additional Improvements permitted within permitted under this Conservation Easement); materially and adversely affect
permitted. the Standard Protection Area are further and (B) Utility Improvements servicing maintenance or attainment of Conservation
limited as follows: Improvements not within the Property. Objectives.
(c) Additional Improvements (i) The Height of Improvements must not
The following Additional Improvements exceed ___ feet except for Utility 3.04 Permitted Within Minimal Protection 4.02 Density Issues under Applicable Law
are permitted: Improvements (such as windmills) providing Area (a) Promoting Development outside the
(i) Fences, walls and gates. alternative sources of energy approved by the The following Improvements are permitted Property
(ii) Regulatory Signs. Holder after Review. within Minimal Protection Area: Neither the Property nor the grant of this
(iii) Habitat enhancement devices such as (ii) Impervious Coverage must not exceed a Conservation Easement may be used under
birdhouses and bat houses. limit of ___ square feet per roofed (a) Permitted under Preceding Sections Applicable Law to increase density or
(iv) Trails covered (if at all) by wood chips, Improvement. Impervious Coverage must not Any Improvement permitted under a intensity of use or otherwise promote the
gravel, or other highly porous surface. exceed a limit of ___ square feet in the preceding section of this Article is permitted. development of other lands outside the
(v) Subject to Review, footbridges, stream aggregate for all Improvements within the Property.
crossing structures and stream access Standard Protection Area. The limitation on (b) Additional Improvements
structures. aggregate Impervious Coverage excludes The following Additional Improvements are (b) Transferable Development Rights
(vi) Subject to Review, Access Drives and Impervious Coverage associated with ponds permitted: Owners may not transfer for use outside
Utility Improvements to service and Access Drives. (i) Residential Improvements. the Property (whether or not for
Improvements within the Property but only compensation) any development rights
Southern Allegheny Greenways and Open Space Network Plan May 2007 D-3
Appendix D: Conservation Easement
allocated to the Property under Applicable accordance with Best Management Practices. or scientific activities consistent with and in effects on water resources such as a
Law. (iv) Vehicular use (including motorized furtherance of the Conservation Objectives. conservation tillage system, conservation
vehicular use) in connection with an activity cover, conservation cropping sequence,
4.03 Permitted Within Highest Protection permitted within the Highest Protection Area 4.04 Permitted Within Standard Protection contour farming or cross slope farming.
Area or otherwise in the case of emergency. Area (vi) Subject to Review, Agricultural uses
The following activities and uses are (v) Except within Wet Areas, cutting trees for The following activities and uses are permitted that involve removal of soil from the
permitted within the Highest Protection use on the Property not to exceed ___ cords per within the Standard Protection Area: Property (such as sod farming and ball-
Area: year. and-burlap nursery or tree-farming uses) if
(vi) Subject to Review, removal of vegetation to (a) Permitted under Preceding Sections conducted in accordance with a Resource
(a) Existing Agreements accommodate replanting with a diversity of Activities and uses permitted under preceding Management Plan providing for, among
Activities, uses and Construction that Native Species of trees, shrubs and herbaceous sections of this Article are permitted within the other features, a soil replenishment
Owners are required to allow under plant materials. Standard program that will qualify the activity as a
Existing Agreements. (vii) Other resource management activities Protection Area. Sustainable Agricultural use.
consistent with maintenance or attainment of (vii) Subject to Review, removal or
(b) Disturbance of Resources Conservation Objectives and conducted in (b) Agricultural and Forestry Uses; impoundment of water for activities and
(i) Cutting trees, Construction or other accordance with the Resource Management Disturbance of Resources uses permitted within the Standard
disturbance of resources, including removal Plan approved for that activity after Review. (i) Uses and activities that maintain continuous Protection Area under this Conservation
of Invasive Species, to the extent reasonably vegetative cover (other than Invasive Species) Easement but not for sale or transfer
prudent to remove, mitigate or warn (c) Release and Disposal such as pasture and grazing use, meadow, turf outside the Property.
against an unreasonable risk of harm to (i) Application of substances (other than or lawn.
Persons, property or health of Native manure) to promote health and growth of (ii) Sustainable Agricultural uses that do not (c) Release and Disposal
Species on or about the Property. Owners vegetation in accordance with manufacturer’s maintain continuous vegetative cover (such as (i) Piling and composting of biodegradable
must take such steps as are reasonable recommendations and Applicable Law. Within plowing, tilling, planting and harvesting field materials originating from the Property in
under the circumstances to consult with Wet Areas only substances approved for crops, equestrian, horticultural and nursery furtherance of Agricultural Uses within the
older prior to taking actions that, but for aquatic use are permitted. use) if conducted in accordance with a Soil Property permitted under this Article.
this provision, would not be permitted or (ii) Piling of brush and other vegetation to the Conservation Plan furnished to Holder. Manure piles must be located so as not to
would be permitted only after Review. extent reasonably necessary to accommodate (iii) Removal of vegetation and other create run-off into Wet Areas.
(ii) Planting a diversity of Native Species of an activity permitted within the Highest Construction activities reasonably required to (ii) Subject to Review, disposal of sanitary
trees, shrubs and herbaceous plant Protection Area under this Conservation accommodate Improvements permitted within sewage effluent from Improvements
materials in accordance with Best Easement. the Standard Protection Area. permitted under Article III if not reasonably
Management Practices. (iv) Sustainable Forestry uses in accordance feasible to confine such disposal to Minimal
(iii) Removal and disturbance of soil, rock (d) Recreational and Educational Uses with a Resource Management Plan approved Protection Area.
and vegetative resources to the extent Activities that do not require Improvements after Review.Woodland Areas within the
reasonably necessary to accommodate other than those permitted within the Highest Standard Protection Area may not be used for (d) Recreational and Open-Space Uses
Construction of and maintain access to Protection Area and do not materially and or converted to Agricultural uses unless Non-commercial recreational and open-
Improvements within the Highest adversely affect maintenance or attainment of Holder, without any obligation to do so, space uses that do not require
Protection Area with restoration as soon as Conservation Objectives such as the following: approves after Review. Improvements other than those permitted
reasonably feasible by replanting with a (i) walking, horseback riding on trails, cross- (v) Subject to Review, Sustainable Agricultural within the Standard Protection Area; do not
diversity of Native Species of trees, shrubs country skiing on trails, bird watching, nature uses within Steep Slope Areas if conducted in materially and adversely affect scenic views
and herbaceous plant materials in study, fishing and hunting; and (ii) educational accordance with a Soil Conservation Plan and other values described in the
implementing measures to minimize adverse Conservation Objectives; and do not
D-4 Southern Alleghenies Planning & Development Commission
Appendix D: Conservation Easement
require vehicular use other than for (i) Residential use is permitted but limited to Article VI including, in addition to other otherwise conforms to Holder’s policy with
resource management purposes. not more than ___ Dwelling Units. remedies, the right to enter the Property to respect to Amendments.
(ii) Any occupation, activity or use that is investigate a suspected, alleged or threatened
4.05 Permitted Within Minimal Protection wholly contained within an enclosed violation. (b) Signs
Area Improvement permitted under Article III is To install one or more signs within the
The following activities and uses are permitted. Subject to Review, exterior (b) Inspection Property identifying the interest of Holder
permitted within the Minimal Protection vehicular parking and signage accessory To enter and inspect the Property for or one or more Beneficiaries in this
Area: to such uses may be permitted by Holder. compliance with the requirements of this Conservation Easement. Any signs installed
Conservation Easement upon reasonable by Holder do not reduce the number or size
(a) Permitted under Preceding Sections Article V. Rights and Duties of Holder and notice, in a reasonable manner and at of signs permitted to Owners under Article
Activities and uses permitted under Beneficiaries reasonable times. III. Signs are to be of the customary size
preceding sections of this Article are installed by Holder or Beneficiary, as the
permitted within the Minimal Protection 5.01 Grant to Holder (c) Review case may be, and must be installed in
Area. (a) Grant in Perpetuity To exercise rights of Review in accordance locations readable from the public right-of-
By signing this Conservation Easement and with the requirements of this Article as and way and otherwise reasonably acceptable
(b) Disturbance of Resources unconditionally delivering it to Holder, the when required under applicable provisions of to Owners.
Disturbance of resources within the undersigned Owner or Owners, intending to this Conservation Easement.
Minimal Protection Area is permitted for be legally bound, grant and convey to Holder a 5.04 Review
residential landscaping purposes and other conservation servitude over the Property in (d) Interpretation The following provisions are incorporated
purposes reasonably related to uses perpetuity for the purpose of administering To interpret the terms of this Conservation into any provision of this Conservation
permitted within the Minimal Protection and enforcing the restrictions and limitations Easement, apply the terms of this Conservation Easement that is subject to Review:
Area. Introduction of Invasive Species set forth in Articles II, III and IV in furtherance Easement to factual conditions on or about the
remains prohibited. of the Conservation Objectives. Property, respond to requests for information (a) Notice to Holder
from Persons having an interest in this At least thirty (30) days before Owners
(c) Release and Disposal (b) Superior to all Liens Conservation Easement or the Property (such begin or allow any Construction, activity or
(i) Disposal of sanitary sewage effluent The undersigned Owner or Owners warrant to as requests for a certification of compliance), use that is subject to Review, Owners must
from Improvements permitted under this Holder that the Property is, as of the Easement and apply the terms of this Conservation notify Holder of the change including with
Article. Date, free and clear of all Liens or, if it is not, Easement to changes occurring or proposed the notice such information as is reasonably
(ii) Other piling of materials and non- that Owners have obtained and attached to this within the Property. sufficient to comply with Review
containerized disposal of substances and Conservation Easement as an Exhibit the Requirements and otherwise describe the
materials but only if such disposal is legally binding subordination of any Liens 5.03 Other Rights of Holder change and its potential impact on natural
permitted under Applicable Law; does not affecting the Property as of the Easement Date. The grant to Holder under this Article also resources within the Property.
directly or indirectly create run-off or permits Holder, without any obligation to do
leaching outside the Minimal Protection 5.02 Rights and Duties of Holder so, to exercise the following rights: (b) Notice to Owners
and Area; and does not adversely affect The grant to Holder under the preceding Within thirty (30) days after receipt of
Conservation Objectives applicable to the section gives Holder the right and duty to (a) Amendment Owners’ notice, Holder must notify Owners
Minimal Protection Area including those perform the following tasks: To enter into an Amendment with Owners if of Holder’s determination to (i) accept
pertaining to scenic views. Holder determines that the Amendment is Owners’ proposal in whole or in part; (ii)
(a) Enforcement consistent with and in furtherance of the reject Owners’ proposal in whole or in part;
(d) Residential and Other Uses To enforce the terms of this Conservation Conservation Objectives; will not result in any (iii) accept Owners’ proposal conditioned
Easement in accordance with the provisions of private benefit prohibited under the Code; and upon compliance with conditions imposed
Southern Allegheny Greenways and Open Space Network Plan May 2007 D-5
Appendix D: Conservation Easement
by Holder; or (iv) reject Owners’ notice for Qualified Organization, then the rights and (iii) Owners commence to cure within the 6.04 Modification or Termination
insufficiency of information on which to duties of Holder under this Conservation may initial thirty (30) day period; and If this Conservation Easement is or is about
base a determination. If Holder gives be (i) exercised by a Beneficiary or a Qualified (iv) Owners continue thereafter to use best to be modified or terminated by exercise of
conditional acceptance under clause (iii), Organization designated by a Beneficiary; efforts and due diligence to complete the the power of eminent domain
commencement of the proposed and/or (ii) transferred to another Qualified agreed upon cure. (condemnation) or adjudication of a court
Improvement, activity, use or Construction Organization by a court of competent of competent jurisdiction sought by a
constitutes acceptance by Owners of all jurisdiction. (c) Imminent Harm Person other than Holder the following
conditions set forth in Holder’s notice. No notice or cure period is required if provisions apply:
(b) Transferee circumstances require prompt action to
(c) Failure to Notify The transferee must be a Qualified prevent or mitigate irreparable harm or (a) Compensatory Damages
If Holder fails to notify Owners as required Organization and must commit to hold this alteration to any natural resource or other Holder is entitled to collect from the Person
in the preceding subsection, the proposal Conservation Easement exclusively for feature of the Property described in the seeking the modification or termination,
set forth in Owners notice is deemed conservation purposes as defined in the Code. Conservation Objectives. compensatory damages in an amount equal
approved. to the increase in Market Value of the
6.02 Violation of Conservation Easement 6.03 Remedies Property resulting from the modification or
(d) Standard of Reasonableness If Holder determines that this Conservation Upon expiration of the cure period (if any) termination plus reimbursement of
Holder’s approval will not be unreasonably Easement is being or has been violated or that described in the preceding Section, Holder Litigation Expenses as if a violation had
withheld; however, it is not unreasonable a violation is threatened or imminent then the may do any one or more of the following: occurred.
for Holder to disapprove a proposal that provisions of this Section will apply:
may adversely affect natural resources (a) Coercive Relief (b) Restitution
described in the Conservation Objectives or (a) Notice Seek coercive relief to specifically enforce the Holder or any Beneficiary is entitled to
that is otherwise inconsistent with Holder must notify Owners of the violation. terms of this Conservation Easement; to recover from the Person seeking the
maintenance or attainment of Conservation Holder’s notice may include its restrain present or future violations of this modification or termination, (i) restitution
Objectives. recommendations of measures to be taken by Conservation Easement; and/or to compel of amounts paid for this Conservation
Owners to cure the violation and restore restoration of natural resources destroyed or Easement (if any) and any other sums
5.05 Reimbursement features of the Property damaged or altered as altered as a result of the violation. invested in the Property for the benefit of
Owners must reimburse Holder for the a result of the violation. the public as a result of rights granted
costs and expenses of Holder reasonably (b) Civil Action under this Conservation Easement plus (ii)
incurred in the course of performing its (b) Opportunity to Cure Recover from Owners or other Persons reimbursement of Litigation Expenses as if
duties with respect to this Conservation Owners’ cure period expires thirty (30) days responsible for the violation all sums owing to a violation had occurred.
Easement other than monitoring in the after the date of Holder’s notice to Owners Holder under applicable provisions of this
ordinary course. These costs and expenses subject to extension for the time reasonably Conservation Easement together with interest 6.05 Remedies Cumulative
include the allocated costs of employees of necessary to cure but only if all of the thereon from the date due at the Default Rate. The description of Holder’s remedies in this
Holder. following conditions are satisfied: These monetary obligations include, among Article does not preclude Holder from
(i) Owners cease the activity constituting the others, Losses and Litigation Expenses. exercising any other right or remedy that
Article VI. Violation; Remedies violation promptly upon receipt of Holder’s may at any time be available to Holder
notice; (c) Self-Help under this Article or Applicable Law. If
6.01 Breach of Duty (ii) Owners and Holder agree, within the initial Enter the Property to prevent or mitigate Holder chooses to exercise one remedy,
(a) Failure to Enforce thirty (30) day period, upon the measures further damage to or alteration of natural Holder may nevertheless choose to exercise
If Holder fails to enforce this Conservation Owners will take to cure the violation; resources of the Property identified in the any one or more of the other rights or
Easement, or ceases to qualify as a Conservation Objectives.
D-6 Southern Alleghenies Planning & Development Commission
Appendix D: Conservation Easement
remedies available to Holder at the same provision does not apply if Holder has issued a 7.02 Governing Law 7.04 Binding Agreement
time or at any other time. certificate of compliance evidencing no The internal laws of the Commonwealth of Subject to the restrictions on assignment
violations within thirty (30) days prior to the Pennsylvania govern this Conservation and transfer set forth in the preceding
6.06 No Waiver transfer. It is the responsibility of the Owners Easement. Section, this Conservation Easement binds
If Holder does not exercise any right or to request a certificate of compliance to verify and benefits Owners and Holder and their
remedy when it is available to Holder, that whether violations exist as of the date of 7.03 Assignment and Transfer respective personal representatives,
is not to be interpreted as a waiver of any transfer. Neither Owners nor Holder may assign or successors and assigns.
non-compliance with this Conservation otherwise transfer any of their respective rights
Easement or a waiver of Holder’s rights to Article VII. Miscellaneous or duties under this Conservation Easement 7.05 No Other Beneficiaries
exercise its rights or remedies at another voluntarily or involuntarily, whether by This Conservation Easement does not
time. 7.01 Notices merger, consolidation, dissolution, operation of confer any Enforcement Rights or other
(a) Requirements law or any other manner except as permitted remedies upon any Person other than
6.07 No Fault of Owners Each Person giving any notice pursuant to this below. Any purported assignment or transfer Owners, Holder and the Beneficiaries (if
Holder will waive its right to Conservation Easement must give the notice in in violation of this Section is void. any) specifically named in this
reimbursement under this Article as to writing and must use one of the following Conservation Easement. Owners of Lots
Owners (but not other Persons who may be methods of delivery: (i) personal delivery; (ii) (a) By Holder within or adjoining the Property are not
responsible for the violation) if Holder is certified mail, return receipt requested and Holder may assign its rights and duties under beneficiaries of this Conservation Easement
reasonably satisfied that the violation was postage prepaid; or (iii) nationally recognized this Conservation Easement, either in whole or and, accordingly, have no right of approval
not the fault of Owners and could not have overnight courier, with all fees prepaid. in part, but only to a Qualified Organization or joinder in any Amendment other than an
been anticipated or prevented by Owners that executes and records in the Public Records Amendment applicable to the Lot owned
by reasonable means. (b) Address for Notices a written agreement assuming the obligations by such Owners. This provision does not
Each Person giving a notice must address the of Holder under this Conservation Easement. preclude Owners or other Persons having
6.08 Multiple Owners; Multiple Lots notice to the appropriate Person at the The assigning Holder must deliver the Baseline an interest in this Conservation Easement
If different Owners own Lots within the receiving party at the address listed below or Documentation to the assignee Holder as of the from petitioning a court of competent
Property, only the Owners of the Lot in to another address designated by that Person date of the assignment. Holder must assign its jurisdiction to exercise remedies available
violation will be held responsible for the by notice to the other Person. rights and duties under this Conservation under this Conservation Easement for
violation. If to Owners: Easement to another Qualified Organization if breach of duty by Holder.
Holder becomes the Owner of the Property.
6.09 Multiple Owners; Single Lot 7.06 Amendments, Waivers
If more than one Owner owns the Lot in __________________________________________ (b) By Owners No Amendment or waiver of any provision
violation of this Conservation Easement, This Conservation Easement is a servitude of this Conservation Easement or consent to
the Owners of the Lot in violation are running with the land binding upon the any departure by Owners from the terms of
jointly and severally liable for the violation undersigned Owners and, upon recordation in this Conservation Easement is effective
regardless of the form of ownership. If to Holder: the Public Records, all subsequent Owners of unless the Amendment, waiver or consent
__________________________________________ the Property or any portion of the Property are is in writing and signed by an authorized
6.10 Continuing Liability bound by its terms whether or not the Owners signatory for Holder. A waiver or consent is
If a Lot subject to this Conservation had actual notice of this Conservation effective only in the specific instance and
Easement is transferred while a violation __________________________________________ Easement and whether or not the deed of for the specific purpose given.
remains uncured, the transferor Owners transfer specifically referred to the transfer
remain liable for the violation jointly and being under and subject to this Conservation
severally with the transferee Owners. This Easement.
Southern Allegheny Greenways and Open Space Network Plan May 2007 D-7
Appendix D: Conservation Easement
7.07 Severability (b) Glossary • The Baseline Documentation 8.04 Agricultural or Agriculture
If any provision of this Conservation If any term defined in the Glossary is not used • The legal description of the Property Any one or more of the following and the
Easement is determined to be invalid, in this Conservation Easement, the defined attached as Exhibit “A” leasing of land for any of these purposes:
illegal or unenforceable, the remaining term is to be disregarded as surplus material. • The Conservation Plan attached as Exhibit
provisions of this Conservation Easement “B” (a) Farming
remain valid, binding and enforceable. To (c) Other Terms (i) Production of vegetables, fruits, seeds,
the extent permitted by Applicable Law, (i) The word “including” means “including but 7.13 Coal Rights Notice mushrooms, nuts and nursery crops
the parties waive any provision of not limited to”. The following notice is given to Owners solely (including trees) for sale.
Applicable Law that renders any provision (ii) The word “must” is obligatory; the word for the purpose of compliance with the (ii) Production of poultry, livestock and
of this Conservation Easement invalid, “may” is permissive and does not imply any requirements of the Conservation Easements their products for sale.
illegal or unenforceable in any respect. obligation. Act: (iii) Production of field crops, hay or
7.08 Counterparts (d) Conservation and Preservation Easements NOTICE: This Conservation Easement may (iv) Production of sod to be removed and
This Conservation Easement may be signed Act impair the development of coal interests planted elsewhere.
in multiple counterparts, each of which This Conservation Easement is intended to be including workable coal seams or coal interests
constitutes an original, and all of which, interpreted so as to convey to Holder all of the which have been severed from the Property. (b) Equestrian
collectively, constitute only one agreement. rights and privileges of a holder of a Boarding, stabling, raising, feeding,
conservation easement under the Conservation Article VIII. Glossary grazing, exercising, riding and training
7.09 Indemnity Easements Act. horses and instructing riders.
Owners must indemnify and defend the 8.01 Access Drive(s)
Indemnified Parties against all Losses and (e) ReStatement of Servitudes Roads or drives providing access to and from 8.05 Amendment
Litigation Expenses arising out of or This Conservation Easement is intended to be Improvements or Minimal Protection Areas An amendment, modification or
relating to (a) any breach or violation of this interpreted so as to convey to Holder all of the and public right -of-way. supplement to this Conservation Easement
Conservation Easement or Applicable Law; rights and privileges of a holder of a signed by Owners and Holder and
and (b) damage to property or personal conservation servitude under the ReStatement 8.02 Additional Improvements recorded in the Public Records.
injury (including death) occurring on or (Third) of Servitudes. All buildings, structures, facilities and other
about the Property if and to the extent not improvements within the Property other than 8.06 Applicable Law
caused by the negligent or wrongful acts or 7.11 Entire Agreement Existing Improvements. The term Additional Any Federal, State or local laws, statutes,
omissions of an Indemnified Party. This is the entire agreement of Owners, Holder Improvements includes Agricultural codes, ordinances, standards and
and Beneficiaries (if any) pertaining to the Improvements, Residential Improvements, regulations applicable to the Property or
7.10 Guides to Interpretation subject matter of this Conservation Easement. Utility Improvements and Site Improvements. this Conservation Easement as amended
(a) Captions The terms of this Conservation Easement through the applicable date of reference.
Except for the identification of defined supersede in full all Statements and writings 8.03 Agricultural Improvements
terms in the Glossary, the descriptive between Owners, Holder and others pertaining Improvements used or usable in furtherance of 8.07 Beneficiary
headings of the articles, sections and to the transaction set forth in this Conservation Agricultural uses such as barn, stable, silo, Any governmental entity or Qualified
subsections of this Conservation Easement Easement. spring house, green house, hoop house, riding Organization that is specifically named as a
are for convenience only and do not arena (whether indoor or outdoor), horse Beneficiary of this Conservation Easement
constitute a part of this Conservation 7.12 Incorporation by Reference walker, manure storage pit, storage buildings, under Article I.
Easement. The following items are incorporated into this feeding and irrigation facilities.
Conservation Easement by means of this
D-8 Southern Alleghenies Planning & Development Commission
Appendix D: Conservation Easement
8.08 Best Management Practices alteration, installation or erection of temporary 8.17 Forestry 8.21 Indemnified Parties
A series of guidelines or minimum or permanent Improvements; and, whether or Planting, growing, nurturing, managing and Holder, each Beneficiary (if any) and their
standards (sometimes referred to as BMP’s) not in connection with any of the foregoing, harvesting trees whether for timber and other respective members, directors, officers,
recommended by Federal, State and/or any excavation, dredging, mining, filling or useful products or for water quality, wildlife employees and agents and the heirs,
county resource management agencies for removal of gravel, soil, rock, sand, coal, habitat and other Conservation Objectives. personal representatives, successors and
proper application of farming and forestry petroleum or other minerals. assigns of each of them.
operations, non-point pollution of water 8.18 Height
resources and other disturbances of soil, 8.12 Default Rate The vertical elevation of an Improvement 8.22 Invasive Species
water and vegetative resources and to An annual rate of interest equal at all times to measured from the average exterior ground A plant species that is (a) non-native (or
protect wildlife habitats. Examples of two percent (2%) above the “prime rate” elevation of the Improvement to a point, if the alien) to the ecosystem under consideration;
resource management agencies issuing announced from time to time in The Wall Street Improvement is roofed, midway between the and (b) whose introduction causes or is
pertinent BMP’s as of the Easement Date Journal. highest and lowest points of the roof excluding likely to cause economic or environmental
are: the Natural Resource Conservation chimneys, cupolas, ventilation shafts, harm or harm to human health. In cases of
Service of the United States Department of 8.13 Dwelling Unit weathervanes and similar protrusions or, if the uncertainty, publications such as “Plant
Agriculture (with respect to soil resources); Use or intended use of an Improvement or Improvement is unroofed, the top of the Invaders of the Mid-Atlantic Natural
the Pennsylvania Department of portion of an Improvement for human Improvement. Areas”, by the National Park Service
Environmental Protection (with respect to habitation by one or more Persons (whether or National Capital Region, Center for Urban
soil erosion, sedimentation and water not related). Existence of a separate kitchen 8.19 Impervious Coverage Ecology and the U.S. Fish and Wildlife
resources) and the following sources of accompanied by sleeping quarters is The aggregate area of all surfaces that are not Service, Chesapeake Bay Field Office are to
BMP’s with respect to forest and woodland considered to constitute a separate Dwelling capable of supporting vegetation within the be used to identify Invasive Species.
management: the Forest Stewardship Unit. applicable area of reference. Included in
Council principles and criteria, Sustainable Impervious Coverage are the footprints 8.23 Lien
Forestry Initiative standards, Forest 8.14 Existing Agreements (including roofs, decks, stairs and other Any mortgage, lien or other encumbrance
Stewardship Plan requirements, American Easements and other servitudes affecting the extensions) of Improvements; paved or securing the payment of money.
Tree Farm standards and Best Management Property prior to the Easement Date and artificially covered surfaces such as crushed
Practices for Pennsylvania Forests. running to the benefit of utility service stone, gravel, concrete and asphalt; impounded 8.24 Litigation Expense
providers and other Persons that constitute water (such as a man-made pond); and Any court filing fee, court cost, arbitration
8.09 Code legally binding servitudes prior in right to this compacted earth (such as an unpaved fee or cost, witness fee and each other fee
The Internal Revenue Code of 1986, as Conservation Easement. roadbed). Excluded from Impervious Coverage and cost of investigating and defending or
amended through the applicable date of are running or non-impounded standing water asserting any claim of violation or for
reference. 8.15 Existing Improvements (such as a naturally occurring lake); bedrock indemnification under this Conservation
Improvements located on, above or under the and naturally occurring stone and gravel; and Easement including in each case, attorneys’
8.10 Conservation Easements Act Property as of the Easement Date as identified earth (whether covered with vegetation or not) fees, other professionals’ fees and
The Pennsylvania Conservation and in the Baseline Documentation. so long as it has not been compacted by non- disbursements.
Preservation Easements Act, Act 29 of 2001, naturally occurring forces.
Pub. L. 390 as amended through the 8.16 Existing Lots 8.25 Losses
applicable date of reference. Lots existing under Applicable Law as of the 8.20 Improvement Any liability, loss, claim, settlement
Easement Date. Any Existing Improvement or Additional payment, cost and expense, interest, award,
8.11 Construction Improvement. judgment, damages (including punitive
Any demolition, construction, damages), diminution in value, fines, fees
reconstruction, expansion, exterior
Southern Allegheny Greenways and Open Space Network Plan May 2007 D-9
Appendix D: Conservation Easement
and penalties or other charge other than a 8.31 Public Records resources protected under this Conservation 8.40 Soil Conservation Plan
Litigation Expense. The public records of the Office for the Easement. The Resource Management Plan A plan for soil conservation and/or
Recording of Deeds in and for the County in (sometimes referred to as the “RMP”) includes sedimentation and erosion control that
8.26 Lot which the Property is located. a resource assessment, identifies appropriate meets the requirements of Applicable Law.
A unit, lot or parcel of real property performance standards (based upon Best
separated or transferable for separate 8.32 Qualified Organization Management Practices where available and 8.41 Steep Slope Areas
ownership or lease under Applicable Law. A governmental or non-profit entity that (a) appropriate) and projects a multi-year Areas greater than one acre having a slope
has a perpetual existence; (b) is established as a description of planned activities for identified greater than 15%.
8.27 Market Value public charity for the purpose of preserving operations to be conducted in accordance with
The fair value that a willing buyer, under and conserving natural resources, natural the plan. 8.42 Subdivision
no compulsion to buy, would pay to a habitats, environmentally sensitive areas and Any transfer of an Existing Lot into
willing seller, under no compulsion to sell other charitable, scientific and educational 8.37 Review separate ownership; any change in the
as established by appraisal in accordance purposes; (c) meets the criteria of a Qualified Review and approval of Holder under the boundary of the Property or any Lot within
with the then-current edition of Uniform Organization under the Regulations; and (d) is procedure described in Article V. the Property; and any creation of a unit, lot
Standards of Professional Appraisal duly authorized to acquire and hold or parcel of real property for separate use
Practice issued by the Appraisal conservation easements under Applicable Law. 8.38 Review Requirements or ownership by any means including by
Foundation or, if applicable, a qualified Collectively, any plans, specifications or lease or by implementing the condominium
appraisal in conformity with §1.170A-13 of 8.33 Regulations information required for approval of the form of ownership.
the Regulations. The provisions of C.F.R. §1.170A-14 as Subdivision, activity, use or Construction
amended through the applicable date of under Applicable Law (if any) plus (a) the 8.43 Sustainable
8.28 Native Species reference. information required under the Review Land management practices that provide
A plant or animal indigenous to the locality Requirements incorporated into this goods and services from an ecosystem
under consideration. In cases of 8.34 Regulatory Signs Conservation Easement either as an Exhibit or without degradation of biodiversity and
uncertainty, published atlases, particularly Signs (not exceeding one square foot each) to as part of the Baseline Documentation or (b) if resource values at the site and without a
The Vascular Flora of Pennsylvania: Annotated control access to the Property or for the information described in clause (a) is decline in the yield of goods and services
Checklist and Atlas by Rhoads and Klein and informational, directional or interpretive inapplicable, unavailable or insufficient under over time.
Atlas of United States Trees, vols. 1 & 4 by purposes. the circumstances, the guidelines for Review of
Little are to be used to establish whether or submissions established by Holder as of the 8.44 Utility Improvements
not a species is native. 8.35 Residential Improvements applicable date of reference. Improvements for the reception, storage or
Dwellings and Improvements accessory to transmission of water, sewage, electricity,
8.29 Owners residential uses such as garage, swimming 8.39 Site Improvements gas and telecommunications or other
The undersigned Owner or Owners and all pool, pool house, tennis court and children’s Unenclosed Improvements such as driveways, sources of power.
Persons after them who hold any interest in play facilities. walkways, boardwalks, storm water
all or any part of the Property. management facilities, bridges, parking areas 8.45 Wet Areas
8.36 Resource Management Plan and other pavements, lighting fixtures, signs, Areas within 100-feet beyond the edge of
8.30 Person A record of the decisions and intentions of fences, walls, gates, man-made ponds, berms watercourses, springs, wetlands and non-
An individual, organization, trust or other Owners prepared by a qualified resource and landscaping treatments. impounded standing water.
entity. management professional for the purpose of
protecting natural resources described in the 8.46 Woodland Areas
Conservation Objectives during certain Area(s) designated on the Conservation
operations potentially affecting natural Plan and subject to use limitations intended
D-10 Southern Alleghenies Planning & Development Commission
Appendix D: Conservation Easement
to allow the maintenance or growth of This document is based on the Pennsylvania COMMONWEALTH OF PENNSYLVANIA :
hedgerows or other wooded areas within a Conservation Easement (4/20/06 ed.) provided COUNTY OF _____________________________
portion of the Property that would by the Pennsylvania Land Trust Association. ON THIS DAY _______________ before me, the
otherwise be available for Agricultural use. This document should not be construed or undersigned officer, personally appeared
relied upon as legal advice or legal opinion _____________________________, who
INTENDING TO BE LEGALLY BOUND, on any specific facts or circumstances. The acknowledged him/herself to be the
the undersigned Owner or Owners and Pennsylvania Conservation Easement must be ______________________ of
Holder, by their respective duly authorized revised to reflect specific circumstances under _________________________, a Pennsylvania
representatives, have signed and delivered the guidance of legal counsel. non-profit corporation, and that he/she as
this Conservation Easement as of the such officer, being authorized to do so,
Easement Date. COMMONWEALTH OF PENNSYLVANIA executed the foregoing instrument for the
COUNTY OF ___________________________. purposes therein contained by signing the
Witness/Attest: ON THIS DAY _____________, before me, the name of the corporation by her/himself as
undersigned officer, personally appeared such officer.
________________________________ ___________________________, known to me IN WITNESS WHEREOF, I hereunto set my
(or satisfactorily proven) to be the person(s) hand and official seal.
Owner’s Name: whose name(s) is/are subscribed to the within
instrument, and acknowledged that _______________________________________
________________________________ he/she/they executed the same for the Notary Public
purposes therein contained. Print Name:
IN WITNESS WHEREOF, I hereunto set my
________________________________ hand and official seal.
By: ________________________________ Notary Public
Name: Print Name:
Acceptance by Beneficiary:
[NAME OF BENEFICIARY]
Southern Allegheny Greenways and Open Space Network Plan May 2007 D-11
Appendix D: Conservation Easement
D-12 Southern Alleghenies Planning & Development Commission