PACE Easement Restrictions
Requirement
To retain the agricultural viability of the property, the PACE Board shall require, and the owner of the restricted land shall implement, a conservation plan developed with the United States Department of Agriculture - Natural Resources Conservation Service (NRCS) in accordance with the NRCS Field Office Technical Guide and approved by the local conservation district. This plan shall be updated every ten (10) years and any time the basic farming operation conducted on restricted lands is changed. All farming operations shall be conducted in accordance with the plan.
Restrictions on Use
Land
The subdivision of the property, whether by physical or legal process, is prohibited without the advance written approval of the PACE Board.
The property shall be used solely for the production of crops, livestock and livestock products, and nursery and greenhouse products including the processing or retail marketing of these crops, livestock and livestock products, and nursery and greenhouse products if more than fifty percent (50%) of the processed or merchandised products are produced on the subject land, and for the raising and stabling of horses for commercial purposes.
Trees may be cut to control insects and disease, to prevent personal injury and property damage, and for firewood and other domestic uses, including construction of permitted buildings and fences on the restricted land. Trees may also be cut to clear land for cultivation or use of livestock, but only if done in accordance with the conservation plan required by this section. Any commercial timber harvesting on the restricted land shall be conducted on a sustainable yield basis and in substantial accordance with a forest management plan prepared by a competent professional forester.
The mining or extraction, using any method, of soil, sand, gravel, rock, oil, natural gas, fuel, or any other mineral substance is prohibited. However, notwithstanding the foregoing, the Grantee may, in its sole discretion, authorize specific mining activities, if the Grantee determines that the mining activities are in direct furtherance of the agricultural operations being conducted on the property.
The granting of rights-of-ways through restricted land for the installation of, transportation of, or use of, lines for water, sewage, electric, telephone, gas, oil, or oil products is permitted but only for the benefit of the property. The term “granting of rights-of-way” includes the right to construct or install the lines. The construction or installation of utility lines other than the types specified in the statutes are prohibited on the restricted land.
Structures
Existing fences may be repaired and replaced, and new fences may be built anywhere on the restricted land for purposes of reasonable and customary management of livestock and wildlife.
The construction or reconstruction of any building or structure, except those existing on the date of this Easement or previously approved by the PACE Board is prohibited except in accordance with the statutes.
New buildings and other structures and improvements to be used solely for agricultural purposes including the processing or sale of farm products grown or raised on the restricted land, but not including any dwelling or farm labor housing, may not be built on the restricted land without the advance approval of the PACE Board. Existing agricultural structures may be repaired or replaced at their current locations without permission of the PACE Board.
Existing single-family residential dwellings may be repaired, reasonably enlarged, and replaced at their current locations without permission of the PACE Board. No new single-family residential dwellings may be built on the property without the advance approval of the PACE Board.
No portion of the restricted land shall be paved or otherwise be covered with concrete, asphalt, gravel, or any other paving material, nor shall any road for access or other purposes be constructed without the advance written approval of the PACE Board.
The construction of ponds or reservoirs shall be permitted only upon the prior written approval of Grantee.
Grantee, with the permission of Grantor, may erect and maintain signs designating the property as land under the protection of the Grantee.
Permission of the Grantee
Grantee shall grant approval or permission to Grantor only where Grantee, acting in the Grantee's sole discretion and in good faith, determines that the proposed action will not diminish or impair the agricultural conservation values of the property. Grantee shall not be liable for any failure to grant permission or approval to Grantor. Grantee shall make decisions on Grantor requests within sixty (60) days of receiving Grantor's request.
Recording and Effective Date
Grantee shall do and perform at its own cost all acts necessary to the prompt recording of this instrument in the land records of the County in which the land sits. Grantor and Grantee intend that this document and the restrictions arising under this Easement shall take effect on the day of execution.
Notice of Proposed Sale
Grantor shall promptly notify Grantee in writing of any proposed sale of the property and provide the opportunity for Grantee to explain the terms of the Easement to potential new owners prior to sale closing.
Amendment
If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantee may by mutual written agreement jointly amend this Easement, provided that no amendment shall be made that will adversely affect the qualification of this Easement or the status of Grantee under any applicable laws, including Sections 170(h) and 501(c)(3) of the Code and the laws of the Commonwealth of Kentucky. Any such amendment shall be consistent with the protection of the conservation and preservation values of the property and the purpose of this Easement; shall not affect its perpetual duration; shall not permit additional residential development on the property other than the residential development permitted by this Easement on its effective date; shall not permit any private inurnment to any person or entity; and shall not adversely impact the overall agricultural and open space values protected by this Easement. Any such amendment shall be recorded in the land records of the County in which the land sits. Nothing in this paragraph shall require Grantor or Grantee to agree to any amendment or to consult or negotiate regarding any amendment.
Termination
A Grantor may terminate the Easement, in whole or in part, only by filing an action in the Franklin Circuit Court, and demonstrating by clear and convincing evidence that conditions on or surrounding the land subject to an Agricultural Conservation Easement have changed so much that agriculture is no longer viable and it has become impossible to fulfill any of the Easement’s conservation purposes.
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