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May 19, 2022 <br />40 <br /> <br />3. Agreement description stating the following: <br />a. The land meets the criteria established by this Ordinance for sending properties <br />b. The legal description of the receiving property on the adjacent quarter-quarter <br />section, government lot, or legal lot <br />c. The described sending property cannot be developed by subdivision or construction <br />of any further residences or nonagricultural structures or uses <br />d. Date and signature of Fee Owner(s) <br />e. Date and signature of Notary Public <br />f. Date and signature of County Engineer <br /> <br />When an existing deed restriction needs modification in order to accomplish a legitimate <br />objective allowed by this Ordinance, the process, forms, and requirements applicable to <br />the original deed restriction shall be required for the modification of the original deed <br />restriction. The form shall be provided by the County Planner and contain the same <br />information as was on the original deed restriction form. When a deed restriction is <br />being retired, the retirement shall be noted on the same form as used for modifications <br />of deed restrictions. In the event a deed restriction is retired completely, the formerly <br />restricted property will follow the necessary procedures for development of the <br />applicable jurisdiction. <br /> <br /> <br />(h) Watercourse Setback Requirements. <br />1. Purpose. In order to minimize the potential for slumping, bank failures, landslides, other <br />environmental impacts, and the associated damage to structures and property certain <br />requirements are established by this ordinance for all proposed subdivisions adjacent to <br />blue line perennial watercourses, as identified on the most recent version of a 1:100,000 or <br />1:24,000 USGS quadrangle. <br />2. Setbacks. Applicants proposing subdivisions adjacent to blue line perennial watercourses, <br />as identified on the most recent version of a 1:100,000 or 1:24,000 USGS quadrangle, shall <br />delineate building control lines on the recorded plat limiting certain activities and land uses <br />in these designated areas. <br />3. Building Control Lines. Except when using the Alternate Method of establishing the Minimal <br />Disturbance Zone Setback of this Ordinance, all subdivisions shall provide the following <br />building control lines, measured horizontally and perpendicular from the centerline of the <br />watercourse towards the proposed development, regulating the use and activities within <br />these building control lines in accordance with Minimal and Limited Disturbance Zone <br />Requirements of this Ordinance: <br />a. Minimal Disturbance Zone Setback: three hundred and fifty (350) feet for the Red <br />and Wild Rice rivers. All other blue line perennial watercourses Minimal Disturbance <br />Zone Setback may be based on the three hundred and fifty (350) foot setback or be <br />equal to vertical difference between the top of bank and the river bottom (plus any <br />additional flood plain elevation requirements) multiplied by eight (8).