(A) Review required when exemption asserted. Before the County Clerk accepts a deed for recording a division of land wherein the property owner asserts an exemption from subdivision regulations due to the proposed agricultural use of the land, the County Clerk may request a review from the Administrative Official as defined in KRS 100.111(1), the County Attorney and/or private counsel.
(B) When a property owner records a deed in the records of the County Clerk where said deed is a division of a tract of land and the property owner asserts an exemption from subdivision regulations due to proposed agricultural use of the land, the preparer of the deed must incorporate the following language into the deed:
(1) The real estate herein being divided is located in an A-1 Zone and is restricted to agricultural use pursuant to KRS 100.111(2) and will not include residential building development for sale or lease to the public;
(2) The real estate herein being divided, as well as the remaining parcel, contains five or more contiguous acres or is a licensed small farm winery as defined in KRS 110.111(2)(B) and KRS 243.155;
(3) The real estate herein being divided, and any remaining parcel, has frontage on an existing public street.
(C) When the County Clerk records a deed that meets the requirements of agricultural use of land, the County Clerk must send a copy of said deed to the Administrative Official. The Administrative Official, on behalf of the Planning Commission, has 30 days from the date of deed recording to seek injunctive relief pursuant to KRS 100.291. If injunctive relief is sought by the county, a lis pendens notice on the subject property must be filed in the real estate records of the Campbell County Clerk. If nothing is filed within the aforesaid 30-day period, then the deed transfer will be considered valid.
(Ord. O-08-12, passed 7-18-12)