05-May 26, 2022 Planning Commission Meeting Packet Pt 2
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05-May 26, 2022 Planning Commission Meeting Packet Pt 2
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May 19, 2022 <br />39 <br /> <br />(f) Development Rights Transferable. Development rights can be used to increase the <br />density permitted on contiguous land under common ownership when platted to meet <br />all applicable requirements of this Ordinance. The development right of a property may <br />be transferred to another eligible property. The maximum number of development <br />rights that can be transferred onto a quarter- quarter section, government lot, or legal lot <br />is eleven (11), therefore limiting each quarter-quarter section, government lot, or legal <br />lot to a maximum of twelve (12) buildable lots (i.e., one permitted existing buildable lot <br />per quarter- quarter section, government lot, or legal lot and up to eleven (11) additional <br />transferred developable rights). Each development right that is transferred provides the <br />receiving property with one additional buildable lot. In order to transfer a development <br />right, the owner of the sending property must submit the following materials to the <br />County Planner during the subdivision and platting process: <br />1. A copy of the Deed Restriction, as outlined in this Ordinance, expressing that a development <br />right has been transferred to the proposed building site from a contiguous quarter-quarter <br />section, government lot, or legal lot under common ownership. <br />2. A map showing the location of the proposed building site’s quarter-quarter section, <br />government lot, or legal lot (the receiving property) and the quarter-quarter section, <br />government lot, or legal lot from which the development right was transferred from (the <br />sending property) on a standard 8 ½ by 11 inch sheet of paper. <br /> <br />(g) Deed Restrictions. The transfer of development rights as regulated in this Ordinance <br />requires the sending property to be deed restricted, limiting future development on the <br />sending property until such time as: <br />1. The deed restricted property is completely within the extraterritorial (ET) boundaries of an <br />incorporated city of Cass County, or <br />2. The deed restricted property is completely annexed by an incorporated city of Cass County, <br />or <br />3. The deed restricted property is platted as a major subdivision to be built to full urban design <br />standards and the strictest requirements of this Ordinance; including but not limited to <br />paved roads with curb and gutter, a paved access road, municipal sewer system, public <br />water supply system with functioning fire hydrants, storm water facilities, street lights, <br />street trees, street signs, sidewalks, bike paths and park dedications. <br /> <br />When one of these three circumstances exist the deed restriction on the land will be <br />retired and the property will follow the necessary procedures for development of the <br />applicable jurisdiction. <br />The deed restriction shall limit any further residences, subdivisions, or nonagricultural <br />development on the sending property, and shall be on a form provided by the County <br />Planner and shall include the following information: <br />1. Record Fee Owner(s) legal name <br />2. Legal description of the deed restricted property
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