Land use and building permit applications required to establish a residential dwelling in the unincorporated area shall execute a dated and notarized declaration recognizing the proposed dwelling will be located in an unincorporated area of Millard County. Such declaration, prepared by the county, may include, but shall not be limited to, the following:
A. A description of the general location of the property.
B. A legal description of the property, provided by the applicant.
C. The name of the applicant and recognition that the land use permit allows the applicant to build, install, maintain, repair, replace and make betterments to a dwelling in the unincorporated area of the county.
D. The identification of all necessary requirements and conditions for the issuance of the land use permit, including a building permit.
E. Execution of the dated notarized declaration, signed and dated by the property owner and with notary public attestation, complying with all accepted standards, the applicant acknowledges:
1. It is acknowledged and understood that agricultural production is limited to an area where there is availability of water and good soil. Therefore, agricultural production is a priority use, and dwellings are an intrusive use.
2. The applicant has chosen to build a residential structure in the unincorporated area of the county, with full acknowledgment that by so doing, there will be possible exposure to certain agricultural activities considered by some to be nuisances such as, but not limited to, pesticide spraying, field burning, all types of machinery operation, fertilizing, composting, dust from both roads and fields, pollinator bees, flies, dairy operations, feedlots, grazing, moving of livestock, various odors, and other farming operations, all of which may happen any time of day or night. The use and enjoyment of this property as a residential dwelling is expressly conditioned upon acceptance of any annoyance or inconvenience that may result from agricultural practices, activities and procedures.
3. The applicant has chosen to locate a dwelling accessed by county roads as they are presently constructed and maintained, and that the county is under no obligation or requirement to upgrade or otherwise improve the present status of any road. Further, the applicant acknowledges that at the very least, they will be partially responsible for the cost of any road improvements the applicant requests.
4. The applicant agrees to locate and arrange all new construction and service equipment in such a way that it will in no way interfere with the normal operation of agricultural production in the vicinity. This shall include the dwelling and all outbuildings, fences, power poles and lines, water lines, ditches, roadways, etc.
5. The applicant agrees to locate all dwellings not less than one thousand three hundred twenty feet (1,320') from an existing concentrated animal feeding operation (CAFO) or animal feeding operation (AFO), as defined, except for dwellings occupied by the owner and employees.
6. The applicant agrees to waiver and enforcement as follows:
Being aware of and acknowledging all requirements and conditions hereby voluntarily waives and relinquishes any right, claim, or privilege arising out of the agricultural activities on the lands in the vicinity of the dwelling. Further, all successors in interest, shall be stopped from claiming any future right, claim or privilege arising out of the future agricultural activities.
Millard County or a private landowner may enforce this document.
7. Effective date and recordation as follows:
This permit, and all requirements and conditions, shall become effective immediately upon execution by the chairman of the Millard County Planning Commission and the Applicant and shall be binding upon all subsequent owners and successors until such time as the permitted dwelling is permanently removed from the property described above. This permit shall be recorded in the Office of the Millard County Recorder and be attached to the deed of the property herein described and thereafter shall impart notice to all successors in interest of the terms and provisions herein.
(Ord. 12-12-04, 12-4-2012)