(a)

Purpose. This Section is intended to promote:

(1)

Protection of agricultural character at the perimeter of the Town boundary which is not ready for urban development;

(2)

Infill development near established infrastructure; and

(3)

In order to implement those goals and to provide more certainty regarding acceptable levels of development on land, the Town has adopted the provisions of this Section to govern average lot sizes in the AG zoning district.

(b)

Average Lot Size (Density) Criteria. The density allowed in a major subdivision within the AG zoning district shall be no more than an average of one (1) lot per five (5) acres, and shall be determined by the Board of Trustees, based on the approval criteria for a preliminary plat in this code and consideration of the following:

(1)

The distance between the boundary of the subject property and the nearest platted subdivision;

(2)

The proposal shall be consistent with the stated purposes of this Section to promote:

a.

Protection of agricultural character outside the Town;

b.

Infill development near established infrastructure;

c.

The percentage of the subject parcel, if any, classified as Prime or Prime and Unique on the most recent NRCS soil type maps or as determined by an on-site assessment by the NRCS;

d.

The distance between the proposed entrance to the subject property and the fire service facility that would be providing fire protection service to the subject property;

e.

The driving distance between the proposed entrance to the subject property and nearest paved road;

f.

All lots and building sites shall be located to minimize or avoid adverse impacts on agricultural operations;

g.

All lots and building sites shall be located to avoid adverse impacts on sensitive lands (steep slopes, wetlands, wildlife habitat, ridge lines, wildfire hazard areas and floodplains).

(c)

Rural Cluster Density Bonus Standards. If an AG subdivision is designed as a Cluster Development the following standards apply:

(1)

Eligibility. In no event shall the Rural Cluster Density Bonus be used to increase the number of lots that can be otherwise constructed on a subject property in the AG zone district by more than 20 percent. The Rural Cluster Density Bonus is allowed if the development is consistent with the Town's adopted agricultural land preservation policies and all of the following conditions are met:

a.

The units must be located to avoid development of and minimize adverse impacts on any agricultural land, steep slopes, ridgelines, wetlands, wildlife habitats and public facilities;

b.

The units shall be clustered to preserve at least fifty percent (50%) of the site in open space;

c.

The protected open space shall include any agricultural lands and shall be located in areas adjacent to any existing agricultural operations;

d.

Prior to any construction, such open space shall be preserved in perpetuity by the recording of a conservation easement or deed restriction; and

e.

Not more than five clustered lots shall be located adjacent to one another, unless the Board of Trustees determines that clustering more units together is necessary to ensure consistency with the Town's adopted right to farm policy. Each group of clustered lots shall be separated from one another by protected open space.

(2)

Lot sizes. Average and minimum lot sizes shall be established by the Board of Trustees at the time of approval of the rural cluster development. Average and minimum lot size requirements shall be based on adopted preliminary plats, adopted PUD guidelines, facility adequacy, fire protection standards, site-specific conditions and the need, if any, to protect adjacent agricultural operations under the Town's right to farm policy.

(3)

Open Space. To the greatest degree possible, the protected open space may include any agricultural lands and shall be located in areas adjacent to existing agricultural operations.

a.

All developments utilizing the Rural Cluster Density Bonus shall include provisions for the perpetual maintenance of the designated open space for appropriate uses (e.g., covenants for a homeowners association). All applicable weed, pest and nuisance ordinances and regulations shall apply to all properties.

b.

Permitted uses of the open space shall be approved by the Board of Trustees and may include, but are not limited to: agricultural uses; conservation of open land in a natural state; passive recreation areas (trails, community gardens, lawn, picnic areas, etc.); active recreation areas; easements for drainage, access, sewer or water lines, stormwater management facilities; and, parking for active recreation areas (ten (10) or fewer spaces).

c.

Above ground utilities and road rights-of-way areas may not be counted toward the required fifty percent (50%) minimum open space requirement.

(Ord. 653 §1, 2009)