The comments received regarding the proposed change to section 6.04 of the Model Grant of Conservation Easement and Declaration of Covenants inspired a substantial rethinking of how to approach the problem. As a result, the Pennsylvania Land Trust Association offers the following reworked and improved proposal for public review and comment: (The entirety of section 6.04 is presented to provide the broader context in which the change would be made.)
The following provisions are incorporated into any provision of this Grant that is subject to Review:
(a) Notice to Holder. At least 30 days bBefore Owners intend to begin or allow an Subdivision, Improvement, activity, or use that is subject to Review, Owners must notify Holder of the proposed change including with the notice such information as is reasonably sufficient to comply with Review Requirements and otherwise describe the proposal and its potential impact on the Conservation Objectives.
(b) Notice to Owners. Within 30 days afterUpon receipt of Owners’ notice, Holder must review the proposed change and notify Owners of Holder’s determination to (1) accept Owners’ proposal in whole or in part; (2) reject Owners’ proposal in whole or in part; (3) accept Owners’ proposal conditioned upon compliance with conditions imposed by Holder; or (4) reject Owners’ proposal for insufficiency of information on which to base a determination. If Holder gives conditional acceptance under clause (3), commencement of the proposed Subdivision, Improvement, activity, or use constitutes acceptance by Owners of all conditions set forth in Holder’s notice.
(c) Time for Review. If requested by Owners, Holder must furnish its estimate of the time required to review the proposed change and use its best efforts and due diligence to notify Owners of its determination within this time period. Otherwise, Holder must make its determination within a reasonable period of time following receipt of Owners’ notice to Holder. Failure to Notify. If Holder fails to notify Owners as required in the preceding subsection, the proposal set forth in Owners’ notice is deemed approved.
(d) Standard of Review
(1) The phrase “without any obligation to do so,” in relation to an approval or determination by Holder, means that, in that particular case, Holder’s approval is wholly discretionary and may be given or withheld for any reason or no reason.
(2) In all other cases, Holder’s approval is not to be unreasonably withheld. It is not unreasonable for Holder to disapprove a proposal that may adversely affect resources described in the Conservation Objectives or that is otherwise inconsistent with maintenance or attainment of Conservation Objectives.
Depending on public feedback on this proposed change, this or an alternative modification will be made in 2019. In any case, this present proposal is suitable for use in the model now.
Please send comments to Andy Loza at firstname.lastname@example.org as soon as possible but no later than February 8, 2019.