(A) General provisions.
(1) Effect on 1/40 or lot of record building eligibility. Residential building eligibilities pursuant to this provision are in addition to and shall have no impact on residential building eligibilities available as a permitted use. This provision shall not prohibit the transfer of 1/40 building eligibilities pursuant to the provisions of this chapter.
(2) Limitation on density. No more than four homes shall be located on a quarter-quarter section (40 acre parcel) based on the configuration of the parcel on July 1, 1974; homes subdivided from a parcel prior to July 1, 1974 shall not be considered in this calculation. In cases where the land does not follow the quarter-quarter section configuration, the shape most nearly approximating a quarter- quarter section containing 40 acres shall be used. The conservation incentive, pursuant to division (E) of this section, shall allow for flexibility in the four homes per 40 acre parcel determination.
(3) (a) Limitation on use of density options. The issuance of a conditional use permit pursuant to “wooded and lakeshore lots”, “high amenity” or “conservation incentive” provisions is prohibited on any parcel that was of record as of July 1, 1974 or any parcels derived therefrom, if at any time since December 7, 1982 a conditional use permit was issued or a rezoning occurred which provided residential density greater than that provided by the basic one per 40 or one per quarter-quarter section provisions of this chapter.
(b) The additional density options shall not be combined with one another to create a hybrid option, except for the conservation incentive option, pursuant to the comprehensive plan.
(4) Compliance with township chapter of the comprehensive plan. The additional density options provided in this section shall be available only in townships which specifically provide for the option in their township chapter of the comprehensive plan. Residential development pursuant to these options shall be subject to and limited by any additional criteria or standards contained in the township plan chapter. Applications for conditional use permits pursuant to this section shall not be considered complete unless a written statement is received from the affected township stating that the application complies with the township comprehensive plan chapter.
(5) Road access requirement. All lots created under the additional density options shall have frontage on: a public road existing at the time of application; or the applicant must submit evidence that the township will accept the road as a township road at some point after it is constructed in accordance with township standards; or a road will be constructed that is privately maintained but with the right-of-way dedicated to the township. All roads shall be constructed to meet the standards in the comprehensive plan, the subdivision regulations, the standards manual, and the water plan.
(6) Notice pertaining to agricultural uses. A notice or acknowledgment will be required regarding the “odors, dirt dust, insects, noises, long hours of operation and other factors associated with agriculture and feedlot activities.”
(B) Wooded and lakeshore lots.
(1) A maximum of three residential building lots may be subdivided from eligible wooded and/or lakeshore land. This provision may be exercised only once for each parcel that was of record as of July 1, 1974. The parcel from which the lots are to be subdivided was a parcel of record of 40 acres or more, a complete quarter-quarter section or a complete government lot on July 1, 1974.
(2) Eligible land:
(a) Wooded land. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of 10 feet. The distribution of the trees is such that there are no areas greater than ¼-acre in size not covered by canopy in the summer months; or
(b) The land contains lakeshore of a lake specifically listed in the township’s chapter of the comprehensive plan as eligible for lots under this provision;
(c) All building lots created must meet the following general criteria and the criteria specific to lot eligibility type (wooded or lakeshore). Inability to meet one or more of these criteria shall negate the eligibility for additional lots under this provision.
(3) General criteria:
(a) The comprehensive plan County Policy LU-18C, no more than four homes per 40 (4 homes per ¼¼) shall not be violated.
(b) The lots must be a minimum of 2½ acres and must meet all of the applicable standards pursuant to this chapter.
(c) Each lot subdivided must contain a building site as defined by this chapter. In cases where this standard cannot be met due to soil conditions, the County Board may consider remedial actions designed by a licensed professional engineer or architect. Any actions approved by the County Board shall be binding on any and all future owners.
(d) Residential areas shall be located to provide the most effective buffering from through roads, agricultural areas and feedlots within the context of the other requirements and general criteria.
(4) Additional criteria for wooded lots:
(a) Each lot shall contain at least 2½ acres of land that meets the criteria for eligible land. Wetlands or non-wooded steep slope (12% and over) land may be added to the lot. These lands shall not be considered wooded and shall not be counted as part of the 2½ acres of wooded land needed to qualify as a wooded lot. There may be one area of up to one acre on each lot that does not contain evenly distributed trees and is suitable for the placement of the home, primary and alternate SSTS in accordance with Chapter 52 of this code of ordinances, and a detached accessory structure.
(b) Except for a strip of land 30 feet or less in width used to straighten boundaries or road alignment, the lots to be subdivided must not contain land used for agricultural production. A road to serve the lots may be constructed over agricultural production land. Agricultural production is row crops and hay land that has been specifically planted and managed for the production of hay. Agricultural production land includes land temporarily out of production in accordance with a government program. Pasture land is not crop production land.
(5) Additional criteria for lakeshore lots:
(a) The entire lot must abut lakeshore on the water body providing eligibility and must not be separated from the lake by a road, railroad, or other right-of-way.
(b) No lot created shall contain more than 2½ acres of long term agricultural land. The road right-of-way setback as required by this chapter shall not be included in the calculation.
(C) High amenity areas.
(1) A maximum of three residential building lots may be subdivided from eligible high amenity land. This provision may be exercised only once for each parcel that was of record as of July 1, 1974. The parcel from which the lots are to be subdivided was a parcel of record of 40 acres or more, a complete quarter-quarter section or a complete government lot on July 1, 1974.
(2) The maximum density in any area shall not exceed four single-family dwelling units per 40 acres.
(3) Only land within the amenity area shall be used to calculate additional density. In no case shall land currently enrolled in the agricultural preserve program be included in a density calculation that exceeds 1 per 40 (1 per ¼-¼). Any residential lots that have been subdivided after July 1, 1974, and/or existing homes on the parcel shall be considered 1 per 40 acre (or lot of record) eligibilities and shall be included in the density calculations. Remnant pieces not included in the additional density calculations shall have building eligibilities based on the applicable regulations of the “A” District.
(4) Eligible land:
(a) Wooded land. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that there are no areas greater than ¼-acre in size not covered by canopy in the summer months; or
(b) Wooded pasture. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that at least 50% of the total amenity area is covered by canopy in the summer months; or
(c) Wooded land with native vegetation.
1. A contiguous area of land which has trees that are confirmed to be of a desirable species, healthy and mature, 20 years or older, shade or evergreen trees with a minimum height of ten feet. The distribution of the trees is such that at least 25% of the total amenity area is covered by canopy in the summer months. In addition to the required tree coverage, the remainder of these lots shall be fully vegetated by native vegetation. For this provision, native vegetation shall be established pursuant to the recommended guidelines of the Minnesota Board of Water and Soil Resources.
2. For all lots created using this provision, a protective easement proposal covering 50% of the amenity shall be submitted for review to the Department, WMO, SWCD, affected township and any other agency deemed appropriate. The proposal shall identify the qualified conservation easement holder, easement terms and restrictions, any land management, monitoring and enforcement responsibilities, and maintenance plans which shall include, but are not limited to: a description (inventory) of baseline conditions, a schedule of maintenance activities, identification of roles and responsibilities as well as funding sources. The schedule of maintenance activities shall be appropriate to sustaining the type and quality of the plant community existing at the time of dedication or pertaining to the establishment and maintenance of the target plant community determined by the restoration assessment.
(d) Lakeshore lots. Areas immediately adjacent to lakes as designated in the comprehensive plan or as further specified in a township’s chapter. Quarter-quarter sections adjacent to a lake shall be considered amenity areas with potential for additional residential development; or
(e) Bluff areas (buildable areas on top of bluffs) closely associated with the Minnesota River, Bevens/Silver Creek, Chaska Creek, Carver Creek. Townships that have land that may be eligible under this provision should further define bluff areas in their chapter of this plan.
(5) General criteria:
(a) Eligible land considered wooded, wooded pasture, and areas consisting of a mixture of wooded land and native grasses shall not be in agricultural production for the past 20 years, and shall include soils suitable for an SSTS (land enrolled in a state or federal program is in agricultural production).
(b) The comprehensive plan policy allowing for no more than four homes per 40 (4 homes per ¼-¼) shall not be violated.
(c) All building lots created must meet the general criteria and the criteria specific to the lot eligibility type (wooded and/or lakeshore). Inability to meet one or more of those criteria shall negate the eligibility for additional lots under this provision.
(d) The high amenity building sites are to be considered residential lots, not agricultural parcels. The minimum lot size shall be two and one-half acres and able to accommodate a minimum one-acre building site having at least two SSTS (primary and alternate), a house, garage and detached storage structure, while maintaining all required setbacks. Although each lot shall contain at least two and one-half acres of land that meets the criteria for eligible land, wetlands and/or non-wooded steep slope (12% and over) land may be added to individual lots as determined to be necessary during the permitting process. These lands shall not be counted as part of the two and one-half acres needed to qualify as a high amenity lot.
(e) Building sites shall be clustered in the amenity area as much as possible.
(f) There may be no more than two acres of long term agricultural crop production land included in any residential lot. The road right-of-way setback as required by this chapter shall not be included in the calculation nor shall any required setbacks be included in this calculation.
(g) The maximum amount of long-term agricultural land shall be preserved for continued agricultural use. The long-term agricultural land shall be retained in a large parcel(s) suitable for agricultural purposes. The long-term agricultural land shall not be split up and attached to each residential sized parcel unless the amount of agricultural land is so small that it is not reasonably farmable. One of the residential sites and the agricultural land may be combined to form a 20+ acre farm.
(h) All lots that contain a building eligibility shall include a building site as defined by this chapter. No remnant parcels of less than 20 acres shall be created as a stand alone parcel.
(i) High amenity areas shall be located to provide the most effective buffering from through roads, agricultural areas and feedlots within the context of the other requirements and general criteria.
(j) A road to serve the lots may be constructed over production land as defined by this chapter.
(4) Minimum conditions of high amenity lots:
(a) The keeping of animals, with the exception of dogs, cats and similar animals kept as household pets, is prohibited on any residential lot.
(b) All conditional use permit activities shall be prohibited on any residential lot. Agricultural parcels and/or lots shall be subject to the “A” District regulations.
(c) A statement that the area is rural and that commercial agriculture and other rural land use activities will likely be occurring in the area. A notice should be provided regarding the odors, dirt, dust, insects, noises, long hours of operation and other factors associated with agriculture and feedlot activities. Complaints relating to these activities shall be considered unwarranted so long as the activities are being conducted in accordance with existing standards.
(d) The protection of environmentally sensitive land shall be addressed in the conditions. Protections can include, but are not limited to, restrictions on clear cutting or vegetation removal; erosion control plan to control erosion during and after building construction; designation of specific building sites or areas with buildings prohibited; requiring certain management practices.
(D) Conservation incentive.
(1) This section provides an opportunity for landowners to protect, preserve, enhance, or restore natural resources on their property in exchange for one or more additional building eligibilities. Density shall be a maximum of four homes per 40 acre parcel as defined by the CUP with the intent to provide flexibility with the configuration of the quarter-quarter or 40 acres. However, it is not the intent of this provision alone, or in combination with the other density options, to provide for the development of the land generally at a 4/40 density; nor is it the intent of this provision to generate exclusively large lot subdivisions, such as dividing a 40 acre parcel into four, ten-acre lots.
(2) Eligible land:
(a) A minimum of 30 acres that can support the proposed conservation activity, AG land preservation and clustering of homes as defined by the CUP:
(b) Land that has received another permanent incentive is not eligible for the conservation incentive. Land that is receiving a temporary incentive is not eligible until the temporary incentive period has ended; and
(c) The conservation incentive is available only in townships that provide for it in their chapter of the comprehensive plan.
(3) General criteria:
(a) The minimum lot size shall be 1½ acres.
(b) Lots should either be small and clustered or 20 plus acres to support a farming activity.
(c) Conservation activity shall generally require ten acres for a building eligibility and may consist of a combination of one or more of the following: permanent preservation, restoration, or enhancement of: wetlands, forest or woodlands, prairie, bluffs, or shoreline. In determining the number of additional building eligibility(s) to be granted, the proposed conservation activity shall be evaluated using a guide developed by the Department which may include, but is not limited to, the following criteria: natural resource assessment priority, size of easement/area preserved, public use value, value of restoration proposed by landowner, restoration plan submitted by landowner, adjacent to other protected land, adjacent to protected water or wetland, adjacent to impaired water, and unique characteristics. The guide will be provided at the time of application or upon request.
(d) Preference will be given to subdivision plats that include the natural area to be protected with a conservation easement as a separate platted outlot, rather than covering portions of individual lots.
(e) If at all possible, long term agricultural land should remain in large, farmable parcels.
(4) Additional criteria:
(a) A conservation easement proposal shall be submitted for review to the Department, SWCD, affected township and any other agency deemed appropriate. The proposal shall identify the qualified conservation easement holder, easement terms and restrictions, any land management, monitoring and enforcement responsibilities, and maintenance plans which shall include, but are not limited to: a description (inventory) of baseline conditions, a schedule of maintenance activities, identification of roles and responsibilities as well as funding sources. The schedule of maintenance activities shall be appropriate to sustaining the type and quality of the plant community existing at the time of dedication or pertaining to the establishment and maintenance of the target plant community determined by the restoration assessment.
(b) Conservation easement areas must be shown on the preliminary plat. Easement documents must be recorded simultaneously with the final plat.
(E) One building eligibility incentive.
(1) This section provides for flexibility under the conservation incentive, wooded and lakeshore, or high amenity area provisions of this chapter, to those landowners who are willing to pursue only one building eligibility as a conditional use. A maximum of one building eligibility may be granted under this provision.
(2) Building eligibility flexible standard. A building eligibility may be assigned to the qualifying wooded, lakeshore or amenity area, without a subdivision requirement or it may be subdivided as a single lot, primarily for mortgage purposes. The configuration and specific standards for the lot shall be evaluated and stipulated during the conditional use permit process. The criteria for issuance are as follows:
(a) The qualifying land could support two or more building site eligibilities. The applicant must demonstrate that he or she is proposing to eliminate at least one potential building site.
(b) There would not be a need to construct a new township road.
(c) The building site may be utilized without subdividing the subject property, or via a single lot split principally for mortgage purposes.
(d) The applicant submits an acceptable plan for preserving long-term agricultural land. An acceptable plan may include, but would not be limited to, the agricultural preserves covenant and/or a conservation easement.
(Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)