A.

Statutory authorization. Pursuant to Minnesota Statutes, chapter 394.25, Meeker County establishes a purchase and transfer of development rights program for the purpose of preserving open space, including natural and scenic areas, and productive agricultural land. The programs policies, rules and official controls are adopted in this ordinance, hereafter known as the Meeker County Purchase and Transfer of Development Rights (PTDR) Program.

B.

Purpose. This ordinance is adopted for the following purposes:

1.

To establish procedures by which development rights are granted, conveyed, applied and recorded.

2.

To implement the goals of the Meeker County Comprehensive Plan regarding managing growth and protecting rural areas. This PTDR program addresses the following specific goals and objectives as stated in the Meeker County Comprehensive Plan.

a.

Conservation of resources. To protect, preserve and enhance the county's resources, including agricultural land, wooded areas, water (both surface water and groundwater), native vegetation, recreational areas, scenic areas and significant historic and archaeological sites.

b.

Land use planning. To establish a community-based framework as a basis for all decisions and actions related to land use.

c.

Sustainable development. To provide a better quality of life for all residents while maintaining natures ability to function over time by minimizing waste, preventing pollution, promoting efficiency and developing local resources to revitalize the local economy.

d.

Develop and enforce ordinances that set standards for environmental protection in agricultural and aggregate activities.

e.

Support providing open space and recreational opportunities.

f.

Promote the preservation of land and structures that possess scenic, historic or archaeological features.

g.

Support the acquisition and preservation of wetland areas to be preserved for groundwater recharge, surface water conservation, recreation and wildlife.

h.

Encourage a balanced and harmonious use of land consistent with natural features and socio-economic factors.

i.

To serve additional public purposes through open space protection, including stormwater management, and habitat protection.

For the purpose of this ordinance, certain words and phrases are defined as follows:

Agricultural land: Land whose use is devoted to the production of livestock, dairy animals, dairy products, poultry, poultry products, nursery plants; Christmas trees; forages and sod crops; grains and feed crops; and other similar uses and activities, including equestrian activities.

Conservation easement: As defined in Minnesota Statutes, chapter 84C: a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property.

Deed restriction: A form filed with the recorder's office stating that the landowner consents to not build a residence on a specific quarter-quarter section or government lot. The deed restriction is legally binding and runs perpetually with the property.

Development: An activity, which materially alters or affects the existing conditions or use of any land.

Development rights: An interest in and the right to use and subdivide land for any and all residential, commercial and industrial purposes and activities which are not incident to agriculture and open space, in accordance with zoning and other regulations. Development rights can be used, held, terminated or transferred to build an additional residence on a contiguous receiving property.

Eligible land: An undeveloped quarter-quarter section or government lot that meets the conditions specified in subsection 3 of this article (section 12A.03).

Government lot: A fractional part of a section adjacent to a meander line and/or in some cases on the northerly or westerly sides of a township. These fractional lots may be more or less than 40 acres and are shown on the original government survey plat, which is available at the Meeker County Recorder's Office.

Open space: Land used for natural habitat, agriculture and/or scenic views.

Receiving property: A parcel that receives a transferred development right from a contiguous undeveloped quarter-quarter section or government lot (referred to as the sending property).

Sending property: A parcel that transfers its development right to a contiguous or eligible property (referred to as the receiving property) as outlined in section 12A.05 of this article.

A.

Except as noted below, every quarter-quarter section or government lot as of the effective date of this ordinance within the A-1 Agricultural Preservation District is granted one development right. Development rights can be used, held, terminated or transferred to contiguous properties. Development rights may not be transferred if the land has any one of the following characteristics:

1.

Land that has an existing dwelling, either residential or agricultural. In these situations, the development right has been used; or

2.

Land that has an existing commercial use or other non-agricultural use; or

3.

Land that is less than a quarter-quarter section or government lot except parcels that qualify under section 11.01.A.2 that have a conforming buildable site; or

4.

Land that does not have a suitable building site due to a covenant, easement, conservation easement or deed restriction, unless and until such time as said covenant, easement or restriction is dissolved or rescinded; or:

1.

Land that does not have a suitable building site due to natural features, such as but not limited to wetlands, floodplains, high water and steep slopes; or

2.

Land that does not have a conforming building site without a variance.

A.

Voluntary nature. The termination or transfer of development rights will occur only on a voluntary basis. Landowners will not be compelled in any way to either terminate or transfer their development rights. If a transfer occurs, it must be done according to section 12A.04, subsection C and section 12A.05 of this article.

B.

Value of development right. The monetary value of a development right is completely determined by the landowner of the development right.

C.

Landowner's process for terminating or agreeing to transfer a development right. A development right granted under section 12A.03 of this article may be terminated or transferred through sale or donation to any party subject to the requirements stated below.

1.

A survey of the receiving property completed by a licensed land surveyor.

2.

Title opinion or title insurance. A title opinion or the title insurance policy issued within 30 days of the transfer of the tract from which the transferable development rights will be conveyed sufficient to determine all owners of the tract and all lienholders; and

a.

A document from all lienholders approving the transfer of development rights.

3.

Deed restriction. The property owner(s), including in all cases the fee owner, of the eligible parcel must sign and record a deed restriction to apply to the specific quarter-quarter section or government lot or a buildable site or eligible parcel according to section 11.01.A.2. The restriction shall limit any further residences, divisions or nonagricultural development on the quarter-quarter section or government lot in accord with the terms of this article, unless it is rezoned. The restriction shall be on a form provided by the zoning administer and shall include the following information:

a.

Record fee owner(s) legal name; and

b.

Legal description of restricted parcel; and

c.

Agreement description stating the following:

(1).

The land meets the criteria established in section 12A.03 of this article; and

(2).

The development right is being either terminated or transferred. If transferred, provide a legal description of the receiving property on the contiguous quarter-quarter section or government lot; and

(3).

The deed restriction shall limit any further residences, divisions or nonagricultural development on the quarter-quarter section or government lot in accord with the terms of this article; and

d.

Date and signature of fee owner(s); and

e.

Date and signature of notary public; and

f.

Date and signature of zoning administrator.

g.

Application and handling fees as determined by the Meeker County Zoning Office.

h.

(Optional) A conservation easement that protects the quarter-quarter section or government lot from most types of non-agricultural development. The specific details can be unique to each conservation easement but shall meet all of the conditions identified in 12A.04, subsection D, of this article.

i.

The landowner must file the title search, deed restriction and conservation easement (if applicable) with the Meeker County Recorder's Office. The conservation easement (if applicable) may also be required to be held by an additional party as specified in the conservation easement.

j.

The zoning administrator shall determine whether the provisions of this ordinance have been followed before signing the deed restriction. The zoning administrator may execute the deed restriction before or after delivery of development rights by the sending property owner. If approved after delivery, the date of transfer shall relate back to the date of delivery between the parties for the purposes of this ordinance.

D.

Conditions of the conservation easement (if applicable). The owner terminating or transferring a development right may perpetually restrict the use of the property by a conservation easement. The conservation easement shall comply with Minnesota Statutes chapter 84C and shall be in a form approved by Meeker County. The conservation easement shall comply with the following conditions:

1.

The conservation easement shall restrict future use of the property to agricultural, habitat and open space uses.

2.

The conservation easement shall be held by a qualified unit of government, conservation organization, land trust or similar organization authorized to hold interest in real property (pursuant to Minnesota Statutes, section 84C.01-05) as approved by the Meeker County Board of Commissioners.

3.

All owners of the eligible quarter-quarter section or government lot from which the development rights are either terminated or transferred shall execute the conservation easement.

4.

All lienholders of the tracts from which transferable development rights are conveyed shall execute a subordination agreement to the conservation easement. Such subordination agreement shall be filed with the Meeker County Recorder.

A.

The following two options may be used to transfer a development right.

1.

Development rights can be used to increase a permitted density on a contiguous quarter-quarter section or government lot (see Figure 1). As a result, each quarter-quarter section or government lot (receiving property has up to eight possible contiguous quarter-quarter sections or government lots (sending properties) for which the development right could be transferred (i.e., the contiguous north, northeast, east, southeast, south, southwest, west and northwest quarter-quarter sections).

2.

Development rights can also be used to increase a permitted density on contiguous land that is under the same ownership (see Figures 2 and 3). For example, a person who owns 160 undeveloped acres could transfer their development rights onto one quarter-quarter section or government lot, if all the land is contiguous, under common ownership and is undivided.

B.

The maximum number of development rights that can be transferred onto a quarter-quarter section or government lot is three, therefore limiting each quarter-quarter section or government lot to a maximum of four residential dwellings (i.e., one permitted residential dwelling per quarter-quarter section or government lot and up to three additional transferred rights).

C.

For each development right that is transferred, the said receiving property is entitled to an increase of one additional single-family residential dwelling.

D.

All building sites permitted through a transferred development right are subject to the site regulations of the A-1 Agricultural Preservation District as specified in article 11, section 6 (11.06) of this ordinance.

E.

If a development right is being transferred, the transferee of the receiving property must submit the following materials to the zoning administrator before the development right can be used:

1.

A copy of the transfer of development right showing that a development right has been transferred to the proposed building site from a contiguous quarter-quarter section or government lot.

2.

A building permit is required. The following information must be included:

a.

A site plan according to article 10 of this ordinance;

b.

All information required by the Meeker County Building Official; and

c.

An approved septic system in accordance to article 22, section 13 (22.13) of this ordinance.

3.

If the transfer results in the land being subdivided, the process identified in Meeker County's Subdivision Ordinance must be followed. The subdivision ordinance applies to the subdivision of a lot, tract or parcel of land into two or more lots, tracts or other division of land for the purpose of sale and/or building development, whether immediate or future, including the re-subdivision or re-platting of land or lots (see the Meeker County Subdivision Ordinance for more details).

4.

A map showing the location of the proposed building sites quarter-quarter section or government lot (the receiving property) and the quarter-quarter section or government lot from which the development right was transferred from (the sending property) on a standard 8½- by 11-inch sheet of paper.

Meeker County may purchase, or accept by gift, a development right subject to the provisions of this ordinance, including the requirements for a recorded deed of transferable development rights and a recorded conservation easement. The transfer must be voluntary and the county may hold, resell, or retire any transferable development right it has acquired.