(A) Simultaneously with any conveyance of development rights under this chapter, an agricultural conservation easement, as drafted by the Township Board, shall be properly executed by any individual or entity having an interest in the subject property and recorded at the County Register of Deeds’ office. It is the intent of this chapter that any easement so created shall perpetually protect the parcel’s farmland and other eligible land by strictly precluding any activity which could impair or interfere with agricultural use of the farmland or impact the natural qualities of any other eligible land. Agricultural conservation easements created under this chapter shall run with the land and shall not be terminated, except as provided for expressly in this chapter or in any easement so created.
(B) Restrictions on that portion of the property included in agricultural conservation easements shall include, but not be limited to:
(1) Property shall not be divided into parcels less than 40 acres in size;
(2) Construction of residences for new owners of any divisions shall be prohibited;
(3) Construction of any other buildings, unless intended for uses consistent with typical farming operations in the township, are prohibited;
(4) Commercial or industrial activity inconsistent with typical farming operations in the township, shall be prohibited; and
(5) Excavation of topsoil, sand, gravel, rock, minerals or other materials which would impair or interfere with the agricultural values of the property or which would impair the natural values of other eligible land shall not be permitted without the prior approval of the Township Board or its designee.
(C) Permitted uses and development rights retained by the landowner in the land subject to the agricultural conservation easement shall include, but not be limited to, the following:
(1) Construction of buildings necessary for and consistent with agricultural uses;
(2) The right to construct one additional residence for an individual essential to the farm operation as defined in § 36110(5) of the Natural Resources and Environmental Protection Act, being M.C.L.A. § 324.36110(5). Such structures must be built in conformity with all applicable federal, state and local laws, ordinances and regulations;
(3) The right to maintain, renovate, add on to or replace existing structures. Such maintenance, renovations, additions and replacement structures must be in conformity with all applicable federal, state and local laws, ordinances and regulations; and
(4) The right to sell, mortgage, bequeath or donate the property; provided that, any such conveyance, encumbrance, devise or donation is made subject to the terms and restrictions set forth in the agricultural conservation easement.
(Prior Code, Ch. XXXI, § 8) (Ord. passed 8-16-2004)