(A) Planning Commission as an advisory body. The Township Planning Commission shall have the responsibility for reviewing proposed ADR projects and advising the Township Board. Upon completing its review, the Planning Commission shall make a recommendation to the Township Board, based on the requirements and standards in this chapter.
(B) Review by experts. The Planning Commission may consult experts as it determines necessary; provided that, if there is a cost for such services, the Township Board has appropriated funds for that purpose.
(C) Conflict of interest. No member of the Planning Commission or Township Board shall vote on a proposed ADR project in which they have an ownership interest or that is located adjacent to property in which the member has an ownership interest.
(D) Application forms.
(1) Consideration of a ADR project shall be initiated by submitting an application on forms supplied by the township. The Planning Commission shall oversee the preparation of the application forms, which shall require the following information, at minimum:
(a) Parcel identification, legal description and parcel size;
(b) Identification of rights-of-way or easements on the property;
(c) Complete ownership information, including a certification that the interests of all joint tenants, financial institutions and any party with an interest in the property are disclosed;
(d) Property value data, including assessed value and estimated market value;
(e) Existing land use on and adjacent to the parcel;
(f) Identification of significant natural features (wetlands, woodlands, ponds, streams, rivers, habitat containing endangered or threatened species or species of special concern and the like);
(g) Identification of known environmental concerns on the property (e.g., evidence of buried waste, soil contamination, ground or surface water contamination and the like);
(h) Location of buildings, walls, shelters, fences, bridges, trails, roads and other built features;
(i) Type of development rights transfer anticipated (e.g., gift, purchase, bequest and the like);
(j) Type of development rights acquisition anticipated (e.g., fee ownership, undivided interest, conservation restriction, retained life estate, reversionary interest);
(k) Description of the residential development rights the owner wishes to retain; and
(l) Explanation of the status of mineral rights.
(2) Required information may be provided on the application form, in written documents and/or on maps, as appropriate.
(E) Project review and appraisal. The Planning Commission shall review the proposed ADR project with respect to the requirements of this chapter and other applicable ordinances and laws. If a proposed project satisfies the applicable criteria and requirements, the Planning Commission may request the Township Board to allocate funds for an appraisal. A "before" and "after" appraisal shall be made to determine the value of the development rights. The appraisal shall determine the fair market value of full ownership of the land (excluding buildings thereon) and shall determine the fair market value of the agricultural rights, plus any residential development rights specifically retained.
(1) Appraisals shall be made by state certified appraisers selected by the Planning Commission on a bid basis. The selected appraiser shall not have a property interest, personal interest, or financial interest in the project parcel. In the event that the low bidder has a conflict of interest, the second lowest bidder shall conduct the appraisal.
(2) Appraisals shall be in writing and shall be furnished to the owners for review. Errors of fact in any appraisal may be called to the attention of the appraiser by the township or the owners, but corrections to the appraisal shall be made only by the appraiser. If an owner believes the property has not been properly appraised, the owner may have the appraisal reviewed, at the owner's expense, by another state certified appraiser. The Planning Commission shall consider both appraisals in making its recommendations to the Township Board regarding project eligibility and value of development rights.
(F) Planning Commission recommendation and Township Board decision. Before making a recommendation, the Planning Commission shall hold a public hearing, following the public notice and hearing requirements for special land uses in § 156.477 of this code. Following review of the application, supporting data and maps, appraisals, and any reports from experts, the Planning Commission shall make a recommendation to the Township Board. The Township Board shall have the authority to take final action on all ADR proposals. The decision by the Township Board is discretionary; the findings and recommendation of the Planning Commission shall not obligate the Township Board to approve or reject a proposal to acquire development rights. The township administration shall maintain a list of properties on which development rights have been acquired with the conditions of acquisition.
(G) Conditions of approval. Township Board action to approve an ADR proposal shall be set forth in a written agreement that is in a form that is suitable for recording. The agreement shall specify conditions of approval, including the following, at minimum:
(1) Runs with the land. An agreement to convey development interests shall state that such conveyance shall run with the land;
(2) Property to remain substantially undeveloped. To promote the agricultural use, or to preserve the opportunity for agricultural use of properties on which the township has acquired development rights, such properties shall remain substantially undeveloped;
(3) Rights retained by owner. An agreement for the sale or transfer of development rights may include provisions by the owner to retain certain rights, including, but not limited to:
(a) Residential development rights. The right to build residential dwellings (residential development rights); provided that, no retained residential development rights would result in more than one dwelling unit per 20 acres of land. The building locations for retained residential development rights may be restricted in a negotiated "development rights easement";
(b) Right to convey retained rights. The right to sell, mortgage, bequeath or donate the retained property rights; provided that, subsequent interest holder shall be bound by the conditions of approval of the ADR proposal; and
(c) Maintaining existing structures. The right to maintain, renovate and replace existing structures; provided that, any such activity shall not substantially alter the character or function of the structures.
(4) Prohibited activities. Any activity on or use of the ADR project property is prohibited if the activity is inconsistent with the purposes of this chapter or detrimental to the conservation values being preserved. By way of example, the following activities and uses are prohibited:
(a) Any division or subdivision of the property;
(b) Commercial or industrial use (for the purposes of this chapter, an agricultural use shall not be considered commercial or industrial);
(c) The placement or construction of any buildings, structures, fences, walls, roads, parking lots or other improvements, unless expressly permitted;
(d) Cutting of trees and vegetation, unless expressly permitted;
(e) Mining or alteration of the land surface, except where mineral rights have been retained by another owner and where the other owner has explicit rights to mine on the property (such information shall be disclosed on the application);
(f) Dumping of waste or other materials;
(g) Alteration to natural watercourses, wetlands or other natural water features;
(h) Use of motorized off-road vehicles, such as snowmobiles, dune buggies, all-terrain vehicles and motorcycles; and
(i) Construction of billboards and other advertising signs.
(5) Agreements. An agreement to convey development interests shall provide the township or its agent with certain rights needed to monitor the protection of the conservation values of the property. These rights shall include:
(a) Right to enter. The township shall have the right to enter the property at reasonable times to monitor or enforce compliance with the conditions of approval of the ADR proposal. The township, however, shall not unreasonably interfere with the owner's retained rights on the property;
(b) Right to preserve. The township shall have the right to prevent any activity or use of the property that is inconsistent with the conditions of approval of the ADR proposal;
(c) Right to require restoration. The township shall have the right to require restoration of the areas or features of the property that are damaged by activity inconsistent with the conditions of approval of the ADR proposal. The township or land trust shall also have the right to conduct studies on the property to determine the appropriate types of restoration activities, if necessary; and
(d) Signs. The township shall have the right to place signs on the property to indicate that the property is being protected under the terms of a ADR agreement.
(6) Restoration. An agreement to convey development interests may provide the township with the right to engage in activities that restore the biological and ecological integrity of the property. The activities may include inventorying plant and animal species on the property, planting native vegetation, removal of undesirable vegetation and the like.
(H) Duration of acquired interests, re-purchase of development rights. Development rights acquired pursuant to this chapter shall be held in trust for an indefinite period of time by the township or by a land conservation organization or trust. Where the township holds an interest in the land and the Township Board finds that, due to changing circumstances, the essential land protection goals can no longer be achieved or the positive conservation values can no longer be reasonably protected, then the Township Board may act to dispose of the township's interest in the land. Disposition may be accomplished by transfer to a land conservation or trust, pursuant to § 151.04(A), or by sale. If disposition is to be by sale, then the Township Board shall submit to the voters a proposition to approve of the disposition of interest in the land. If a majority of those voting approve such a proposition, then the Township Board shall cause an appraisal to be made, in the same manner as the initial appraisal, as described herein. The owner of the land from which the development rights were acquired (or his or her successor) shall be given the right of first refusal to re-purchase the development rights for an amount not less than the appraised value. If the owner does not wish to re-purchase the development rights, then they shall be offered to the general public for an amount not less than the appraised value. Proceeds from the sale of development rights shall be held by the township to only fund the continuing activities of the ADR program, and for no other purpose.
(Ord. passed 6-29-1999)