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June 16, 2022 <br />38 <br /> <br />(e) Development Rights. Except as noted below, every quarter-quarter section, government <br />lot, or existing legally subdivided lot or “legal lot” as of March 6, 2006, is granted one (1) <br />Development Right to create a buildable lot. Development Rights can be used, held, or <br />transferred to contiguous properties under common ownership. Development Rights <br />may not be transferred if the land has any one of the following characteristics: <br />1. Land that has an existing dwelling, either residential or agricultural. In these situations, the <br />Development Right has been used. <br />2. Land that has an existing commercial use or other non-agricultural use. <br />3. Land that is not under complete and common ownership. <br />4. Land that does not have a suitable building site due to a covenant, easement, conservation <br />easement or deed restriction, unless and until such time as said covenant, easement or <br />restriction is dissolved or rescinded. <br />5. The subdivision will be built to full urban design standards and the strictest requirements <br />outlined within Article VI of this Ordinance; including but not limited to paved roads with <br />curb and gutter, a paved access road, municipal sewer system, public water supply system <br />with functioning fire hydrants, stormwater facilities, streetlights, street trees, street signs, <br />sidewalks, bike paths and park dedications. <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 />(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