DCPREZ-2014-10658 - Laserfiche WebLink

Home Browse Search

(4) Land surface alteration. Any alteration to the surface of the agricultural area includi g excavation,removal or filling of the land surface shall be consistent with the purpose of the EASEMENT. Permitted alteration un.er this subsection is limited to any of the following: (a)An alteration that is minimal in scope and impact and does not by itself or in combi•ation with other alterations exceed one(1) acre in size.Any alteration shall be repaired to the maximum extent feasible to restore t e land's potential for agricultural use. (b)An alteration authorized under paragraph H(1)(b)to(g) (5) Residential use: No residential use is permitted on the COVERED LAND. I. HOLDERS'APPROVAL REQUIRED (I) An owner of the COVERED LAND may not do any of the following without the HOLD RS approval: (a) Cover any part of the agricultural area with additional impervious surface or grav:l.Approval of the HOLDERS is not required if the action is permitted under paragraph H(1)(g). (b) Subdivide the COVERED LAND. (c) Separate and sell the agricultural area. (d) Alter the land surface in the agricultural area in excess of one(1)acre.Approval o the HOLDERS is not required if the action is permitted under paragraph H(1)(b)to(g). (e) Materially expand or alter any pre-existing use or structure in the agricultural area.Approval of the HOLDERS is not required if the action is permitted under paragraph H(1)(g). (1) Petition the county and town boards to rezone the property to another zoning district (2) A request for approval shall be in writing and shall clearly and accurately describe the p oposed action.The description shall include the nature,size,scope,location,design and other material features of the proposed actio ,and any other information reasonably required by the HOLDERS. (3) The HOLDERS may approve a proposed action in response to a written request under su..(1)if all of the following apply: (a) The proposed action and subsequent land use is consistent with the purpose of the E SEMENT. (b) The proposed action and subsequent land use will not violate section H. (c) The proposed use will not unnecessarily convert prime farmland or cropland,will n i t convert the primary use of the COVERED LAND to a use other than agricultural use,and will not materially impair or limit a y surrounding agricultural uses. (4) The HOLDERS will grant or deny a written request under sub.(1)within 90 days after r ceiving a complete written request under paragraph I(2).The HOLDERS may deny a request in their sole discretion,and are not -quired to justify any denial.The HOLDERS may grant approval subject to conditions specified in the approval.Conditions may inci se deadlines for the beginning or completion of a proposed action. (5) An approval under sub.(3)is not effective unless given by all of the HOLDERS. J. LANDOWNER RIGHTS RESERVED (1) Except as provided in this EASEMENT AGREEMENT, all rights enjoyed by current or f ture owners of the COVERED LAND are reserved to those owners. (2) This EASEMENT does not limit any owner's right to use,improve,transfer,bequeath,le; e,restrict access to,grant a mortgage or other interest in,encumber or convey the COVERED LAND,except as provided in this 0-SEMENT AGREEMENT. Page 4 of 9