DCPZP-2016-00601 - Laserfiche WebLink

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b. All rights to develop or use the Property that are prohibited by or inconsistent with this Easement are extinguished, and cannot be used to transfer development rights to other land owned by the Landowner or any other party, or to permit increased development density or increased natural resource use or extraction on other land, or to achieve other regulatory mitigation credits on land not subject to this Easement. 2.8 Vegetation. Vegetation shall be managed in a manner that preserves the Conservation Values of the Property and its scenic character from public vantage points in Donald County Park. a. Invasive plant species shall not be introduced or planted anywhere on the Property. Non- native species may be planted. b. Any commercial harvest of trees on the Property shall be in accordance with a Forest Stewardship Management Plan ("Forest Plan"). The Forest Plan shall at a minimum: (i) be approved in writing by the County. (ii) be prepared by the Wisconsin Department of Natural Resources, a licensed professional forester, a certified Plan Writer or other qualified person approved in writing by the County. (iii) protect the Conservation Values of the Property. (iv) identify objectives and actions that will be taken to protect and manage soil, water, aesthetic quality, natural communities, and wildlife resources. (v) be in accordance with Best Management Practices as described in Wisconsin Forest Management Guidelines, PUB-FR-226, 2003, Wisconsin Department of Natural Resources, or its successor publication. (vi) include an access plan, indicating routes of ingress and egress for the areas to be harvested. The following terms and conditions shall also apply to the Forest Plan: (i) If there is any inconsistency between the terms of the Forest Plan and this Easement, the terms of this Easement shall control. (ii) The Forest Plan may be modified by amendment, approved in writing by the Landowner and County. (iii) Cutting Plan. At least sixty days prior to the time the Landowner intends to cut merchantable timber on the Property, the Landowner shall file a document (Notice of Intent to Cut and Cutting Plan) signed by the Landowner and supervising forester(or other qualified individual), certifying that the Cutting Plan is in compliance with the terms and conditions of the Forest Plan and Easement. It shall include the location of the harvest, dates, cutting plan, plan for ingress and egress and a summary of activities and practices intended to achieve compliance with this Easement and the Forest Plan. (iv) The County shall notify the Landowner within thirty days of receiving the Notice of Intent to Cut and Cutting Plan whether the Cutting Plan conforms to the Easement and Forest Plan. No cutting shall proceed until an acceptable Cutting Plan is agreed to by the Landowner and County. The Cutting Plan must be approved not more than three years before the cutting. (v) If the Property or any part thereof is enrolled in the Forest Crop Law, ch 77, subch I, Wis. Stats., or the Managed Forest Law program, ch. 77, subch. VI, Wis Stats.,or other forest tax program administered by the Wisconsin Department of Natural Resources, the Landowner's tax law Forest Plan may be considered an acceptable Forest Plan under this Easement. 5