(a) The application shall be accompanied by:
(1) Project name;
(2) A location map showing the project in relation to the surrounding area;
(3) (A) An analysis of agricultural use of the proposed cluster, based on projected sales prices and terms, marketability, soils analysis, availability of water, consideration of climate, rainfall, and other factors related to agricultural productivity, sufficient to demonstrate that agricultural use will constitute the primary activity undertaken on the land; and
(B) The director shall refer the proposal for review and commentary of this analysis to the State department of agriculture or appropriate soil and water conservation district.
(4) A site plan showing:
(A) Metes and bounds of the site, prepared and certified by a registered engineer or surveyor, including any deed restrictions;
(B) Total area of project, and if applicable, lot layout and approximate dimensions, lot number of each lot, area of each lot, proposed use of each lot, and total number of lots;
(C) Locations, names, dimensions, approximate gradients, and radius of curves of existing and proposed streets within and adjacent to the project; approximate location and area dimensions of existing and proposed easements; existing and proposed drainage facilities; existing and proposed utilities, including sewers, water, electric, telephone, and refuse;
(D) Location, size, spacing, setbacks, and dimensions of all existing and proposed structures and improvements, including the number and type of dwelling units;
(E) The shoreline, shoreline setback lines, beach access, and stream and other setback lines, when applicable;
(F) Location with notations, and the sizes of all parcels of land, including streets, improvements, facilities, and easements, proposed to be dedicated to the city, or whether the streets, improvements, facilities, and easements are to be private; and
(G) Finished condition to be achieved by proposed grading shown by contours, cross-sections, spot elevations or other means, and estimated quantities of cut and fill. Elevations shall be marked on such contours based on city data.
(5) Verification by the board of water supply of the availability of sufficient agricultural quality water to support agricultural use, whether the water is to be supplied by the board or another water supplier;
(6) Draft covenants, leases, agreements of sale, mortgages and other instruments of conveyance requiring lot purchasers to maintain land in agricultural use in conformity with federal, State, and city laws and regulations, enforceable by the city and either by the applicant, lessee or owner, or an association composed of all lot owners, and indicating applicable laws and penalties for violation thereof. All subsequent sales of property, lease, and rental agreements shall include these restrictions;
(7) Notice of all restrictions contained in laws and regulations to be provided to all prospective subdivision lot purchasers, in the sales agreement, deeds, covenants, and other instruments of conveyance;
(8) Notice that building permit applications shall include an agricultural plan for farm dwellings, indicating how feasible agricultural use on the lots will be carried out within a period not to exceed five years, to be provided in the sales agreements, deeds, covenants, and other instruments of conveyance;
(9) Other information and documentation as may be required by the director to review and ensure feasible agricultural use within the agricultural cluster in conformity with applicable federal, State, and city laws and regulations; and
(10) Proposals for maintenance and conservation of all common elements.
(b) All agricultural clusters shall be processed in accordance with § 21-2.110-1.
(c) The director shall approve, modify, or deny the agricultural cluster application based on whether the application meets the intent of the agricultural district, the intent of agricultural clusters, and the applicant’s compliance with requirements of other government agencies.
(d) The director shall approve final drawings before issuance of building permits in accordance with the approved agricultural cluster plan. Before approval of the agricultural cluster plan final drawings by the director, certified deed covenants or condominium property regime documents, or both, binding any lessees or buyers to the conditions of approval imposed by the director shall be submitted to the department.
(1990 Code, Ch. 21, Art. 3, § 21-3.50-3) (Added by Ord. 99-12)