For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPERATOR. A tenant, renter, lessee, or other entity engaged in production on the subject land of the fruits, vegetables, nursery stock, plants, crops, or forage listed in the definition of preservation heritage land.
OWNER. The fee owner or contract vendee in possession of the subject property. The OWNER must be an individual person or a general partnership of individual persons or a family farm trust or family farm corporation organized, under M.S. § 500.24, as it may be amended from time to time.
PRESERVATION HERITAGE LAND. A tract, or a portion thereof, measuring at least 20 acres in size, which meets the following requirements for agricultural or wildlife habitat land. Agricultural land must meet the following requirements:
(1) Is actively and exclusively used by the owner or operator for commercial production of any of the following or a combination thereof:
(a) Fruits;
(b) Vegetables;
(c) Nursery stock, such as nursery trees and shrubs;
(d) Greenhouse plants;
(e) Agronomic crops including grains;
(f) Forage such as hay and silage, including pasture land or grazing land; and
(g) Livestock
(2) Has been so actively and exclusively used by the owner or operator for such commercial purposes for at least three continuous years immediately prior to obtaining eligibility status under § 150.35 and continuing thereafter;
(3) For at least three continuous years prior to obtaining eligibility status under § 150.35, and continuing thereafter, the owner or operator must have earned at least $500 gross income plus $10 per tillable acre on average per year from the subject preservation heritage land by means of the commercial production listed in division (2) above. This income requirement shall be evidenced by filing with the city a true copy of Schedule F filed by the owner or operator with the Federal Internal Revenue Service; and
(4) The products listed in division (1) above must be offered for sale at wholesale or retail.
SPECIAL ASSESSMENTS. Those special assessments levied by the city for asphalt roads, sewer, and water; including lateral sewer and water benefits, and trunk line area sewer and water benefits.
WILDLIFE HABITAT LAND. Includes woods, wood lots, wetlands, and other open spaces in their natural state. The owner or operator must meet the following requirements.
(1) The land must be managed for good wildlife habitat.
(2) The land must provide the four basic needs of wildlife: food; water; shelter; and space. High species diversity is desirable, including a wide array of trees, shrubs, grasses, and annual and perennial flowering plants. Native plant species are recommended. The land shall not include livestock, vehicle storage, or buildings.
(3) A land management plan must be filed with the city which contains soil, water, and wildlife conservation site management including:
(a) A list of the primary overstory and understory plant species and approximate percentage of each; and
(b) A diagram showing the management design plan for the land, with current and future development projected for the next ten years.
(4) Plans approved by or developed with the assistance of the County Soil and Water Conservation District, the state’s Department of Natural Resources, and/or other conservation organizations are highly desirable but not mandatory.
(Ord. 45, passed - -1993)