EasementsFlashcards Glossary 20250414
Access Drive
A road, drive, or land providing vehicular access
Additional Improvement
an Improvement other than an Existing Improvement
Agricultural Improvement
an Improvement used or usable in furtherance of Agricultural uses succh as barn, stable, silo, spring house, green house, hoop house, riding arena (whether indoor or outdoor), horse walker, manure storage pit, storage building, farm stead, feeding and irrigation facilities.
Agricultural or Agriculture
One of the following: 1) production for sale of grains, vegetables, fruits, seeds, nuts, and other plant products; mushrooms; animals and their products. 2) Production of field crops and forage. 3) Production of nusery stock and sod to be removed and planted elsewhere. 4) Boarding, stabling, raising, feeding, grazing, exercising, riding, and training horses and instructing riders.
Amendment
An amendment, modification, or supplement to this Grant signed by Owners and Holder and recorded in the Public Records. The term “Amendment” includes an amendment and restatement of this Grant.
Applicable Law
Federal, state, or local laws, statutes, codes, ordinances, standards, and regulations appliable to the property, the Conservation Easement, or this Grant, as amended through the applicable date of reference. If this Grant is intended to meet the requirements of a qualified conservation contribution, then applicable provisions of the Code and the Regulations (including notices issuesd interpreting the Regulations) are also included in the defined term.
Beneficiary
a Person given rights under the terms of this Grant (other than Owners or Holder)
Best Management Practices
a series of guidelines or minimum standards (sometimes referred to as BMP’s) recommended by federals, state, and/or county resource management agencies for farming and forestry operations; for preventing and reducing pollution of water resources and other disturbances of soil, water, and vegetative resources; and for protecting wildlife habitats.
Code
the Internal Revenue Code of 1986, as amended through the applicable date of reference.
Conservation and Preservation Easements Act
the Pennsylvania act of June 22, 2001 (P.L. 390, No. 29)(32 P.S. ��5051-5059) as amended through the applicable date of reference.
Construction
means demolition, construction, reconstruction, maintenance, expansion, exterior alteration, installation, or erection of temporary or permanent Improvements; and, whether or not in connection with any of the foregoing, excavation, dredging, mining, filling, or removal of gravel, soil, rock, sand, coal, petroleum, or other minerals.
Default Rate
means and annual rate of interest equal at all times to two percent (2%) above the prime rate announced from time to time by the Wall Street Journal.
Dwelling Unit
the use or intended use of an Improvement or portion of an Improvement for human habitation by one or more Persons (whether or not related). Existence of a separate kitchen accompanied by sleeping quarters is considered to constitute a separate Dwelling Unit.
Existing Improvement
an Improvement existing as of the Easement Date as identified in the Baseline Documentation.
Existing Servitude
an easement or other matter affecting title ot the Property (other than a Lien) accorded priority to the Conservation Easement by notice in the Public Records or other prior notice recognized under Applicable Law.
Extraction Improvements
means wells, casements, impoundments, and other Improvements for the exploration, extraction, collection, containment, transport, and removal (but not processing or refining) of oil or natural gas (regardless of source) from substrata beneath the surface of the Property. The term “Extraction Improvements” includes any Access Drive required for the Construction or operation of Extraction Improvements or the removal of oil or natural gas from the Property.
Forestry
means planting, growing, nurturing, managing, and harvesting trees whether for timber and other useful products or for water quality, wildlife habitat, and other Conservation Objectives.
Height
means the vertical elevation of an Improvement measured from the average exterior ground elevation of the Improvement to a point, if the Improvement is roofed, midway between the highest and lowest points of the roof excluding chimneys, cupolas, ventilation shafts, weathervanes, and similar protrusions or, if the Improvment is unroofed, the top of the Improvement.
Impervious Coverage
means the footprints (including roofs, decks, stairs, and other extensions) of Improvements; paved or artificiallly covered surfaces such as crushed stone, gravel, concrete, and asphalt; impounded water (such as a man-made pond); and compacted earth (such as an unpaved roadbed). Also included in Impervious Coverage are green roofs and porous pavement surfaces. Excluded from Impervious Coverage are running or non-impounded standing water (such as naturally occuring lake), bedrock and naturally occurring stone and gravel, and earth (whether covered with vegetation or not) so long as it has not been compacted by non-naturally occurring forces.
Improvement
means a building, structure, facility, or other improvement, whether temporary or permanent, located on, above, or under the property.
Indemnified Parties
mean Holder, each Beneficiary (if any), and their respective members, directors, officiers, employees and agents, and the heirs, personal representatives, successors, and assigns of each of them.
Invasive Species
means a plant species that is non-native 9or alien) to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. In cases of uncertainty, publications such as “Plant Invaders of Mid-Atlantic Natural Areas” by the National Park Service and U.S. Fish and WIldlife Service, are to be used to identify Invasive Species.
Lien
means a mortage, lien, or other encumbrance securing the payment of money.
Litigation Expense
means any court filing fee, court cost, arbitration fee or cost, witness fee, and each other fee and cost of investigating and defending or asserting any claim or violation or claim for indemnification under this Grant including, in each case, attorneys’ fees, other professionals’ fees, and disbursements.
Losses
mean any liability, loss, claim, settlement payment, cost, expense, interest, award, judgment, damages (including punitive damages), diminution in value, fines, fees, penalties, or other charge other than a Litigation Expense.
Lot
means a unit, lot, or parcel of real estate separated or transferable for separate ownership or lease under Applicable Law.
Market Value
means the fair value that a willing buyer, under no commpulsion to buy, would pay to a willing seller, under no compulsion to sell as established by appraisal in accordance with the then-current edition of Uniform Standards of Professional Appraisal Practice issued by the Appraisal Foundation or, if appliable, a qualified appraisal in conformity with �1.17A-13 of the Regulations.
Native Species
mean a plant or animal indigenous to the locality under consideration. In cases of uncertainty, published atlases, particularly The Vascular Flora of Pennsylvania: Annotated Checklist and Atlas by Rhoads and Klein and Atlas of United States Trees, vols 1 & 4 by Little are to be used to establish whether or not a species is native.
Owners
mean the undersigned Owner or Owners and all Persons after them who hold an interest in the Property.
Person
means and individual, organization, trust, government, or other entity.
Public Records
mean the public records of the office for the recording of deeds in and for the county in which the Property is located.
Qualified Organization
means a governmental or charitable entity that (a) meets the criteria of a qualified organization under �1.170(A-14�(1) of the regulations and (b) is duly authorized to acquire and hold conservation easements under the Conservation and Preservation Easements Act.
Regulations
mean the provisions of C.F.R. �1.170A-14, and any other regulations promulgated under the Code that pertain to qualified conservation contributions, as amended through the applicable date of reference.
Regulatory Signs
mean signs (not exceeding one square foot each or such greater dimensions as are the minimum required by Applicalbe Law) to control access to the Property or for informational, directional, or interpretive purposes.
Renewable Energy
means energy that can be used without depleting its source such as solar, wind, geothermal, and movement of water (hydroelectricc and tidal).
Residential Improvements
mean dwellings and Improvements accessory to residential uses such as garage, swimming pool, pool house, tennis court, and children’s play facilities.
Resource Management Plan
means a record of the decisions and intentions of Owners prepared by a qualified resource management professional for the purpose of protecting natural resources that the Conservation Objectives aim to protect during certain operations potentially affecting those resources. It includes a resource assessment, identifies appropriate performance standards (based upon Best Management Practices where available and appropriate), and projects a multi-year description of planned activiteis for operations to be conducted in accordance with the plan.
Review
means review and approval by Holder under the procedure described in article 6.
Review Requirements
mean, collectively, any plans, specifications, or other information required for approval of the Subdivision, activity, use, or Improvement under Applicable Law (if any) plus the information required under (a) an exhibit incorporated into this Grant or (b) the Baseline Documentation or (c) if the information described in (a) and (b) is inappliable, unavailable, or insufficient under the circumstances, the guidelines for Review of submission set by Holder to provide sufficient information to conduct its Review.
Site Improvement
means an unenclosed Improvement such as an Access Drive, Utility Improvement, walkway, boardwalk, retention/detention basin or other stormwater management facility, well, septic system, bridge, parking area or other pavement, lighting fixture, sign, mailbox, fence, wall, gate, man-made pond, berm, and landscaping treatment. The term does not include Extraction Improvements.
Soil Conservation Plan
means a plan for soil conservation that meets the requirements of the Natural Resources Conservation Service as of the applicable date of reference and for erosion and sedimentation control under Applicable Law.
Steep Slope Area
means an area greater than one acre having a slope greater than 15%.
Subdivision
means any division of the Property or any Lot within the Property; and any creation of a unit, lot, or parcel of real estate, including subsurface portions of the Property, for separate use or ownership by any means including by lease or by implementing the condominium form of ownership. The term “Subdivision” includes any “subdivision” as defined in the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended as of teh applicable date of reference.
Sustainable
means land management practices that provide goods and services from an ecosystem without degrading soil or water resources and without a decline in the yield of those goods and services over time.
Utility Improvement
means an Improvement for the reception, storage, or transmission of potable water, stormwater, sewage, electricity, gas, telecommunications, or other sources of power. The term does not include Extraction Improvements.
Waiver
means a written commitment by which the Holder, without any obligation to do so, agrees to refrain from exercising one or more of its rights and remedies for a specific period of time with respect to a specific set of circumstances.
Wet Area
means a watercourse, spring, wetland (including vernal ponds), or non-impounded standing water, and the area within 100 feet of its edge.
Woodland Area
means an area within the Property described as “wooded” or “forested” in the Baseline Documentation or identified as such on the Easement Plan, or if not wooded or forested as of the Easement Date, is designated as successional woodland area on the Easement Plan.
