ORDINANCE 2012-001INTERIM ORDINANCE PURSUANT TO MINNESOTA STATUTES SECTION 462.355, SUBDIVISION 4, ESTABLISHING A MORATORIUM PROHIBITING THE TRANSFER OF BUILDING RIGHTS FROM ONE QUARTER QUARTER SECTION TO ANOTHER IN ORDER TO AID DENSITY REQUIREMENTS OF ONOrdinance No. 14 and Ordinance No. 14A, Nininger Township Zoning Ordinance and Amendment thereto is amended by adding Ordinance No. 14B.
Ordinance No. 14 and Ordinance No. 14A, Nininger Township Zoning Ordinance and Amendment thereto is amended by adding Ordinance No. 14B.
SECTION 1. Policy. The Town Board of Supervisors in order to update its zoning ordinance and its Comprehensive Plan, has reviewed its policy concerning transfers of density rights and has reviewed such policies of other jurisdictions and has found inconsistencies and ineffective applications in support of the stated goal of preservation of agricultural lands.
The Board finds that in order to prevent activities which would negatively impact the preservation of existing agricultural lands while the matter is being studied, it is desirable that the Board order the formal study of such transfer policy and that a moratorium on all density right/building right transfers be prohibited until such study has been completed and a new and more comprehensive policy has been adopted.
SECTION 2. Study. The Board of Supervisors requires its Planning Commission to initiate s study regarding density transfer and building right transfers to determine whether existing Ordinance and Comprehensive Plan provisions effectively operate to preserve agricultural land and prevent further loss of prime agricultural lands.
SECTION 3. Moratorium Declaration. The Town Board of Supervisors hereby declares a moratorium on any transfer of building rights from one parcel to another. During the effective period of the moratorium, no transfer of building rights shall be permitted.
SECTION 4. Duration. This Ordinance shall expire within twelve (12) months of the passage of this Ordinance by the Board of Supervisors without Board action or it may be repealed or extended if the study has not been completed and finalized.
SECTION 5. Separability. Every section of this Ordinance is declared separable from every other section and if any section shall be held to be invalid, it shall not affect any other section.
SECTION 6. Publication. This Ordinance, or a summary thereof shall be published in the Hastings Star Gazette an shall be effective immediately.
Adopted by the Nininger Township Board of Supervisors on this 18th day of December, 2012, by a vote of 3 ayes and 0 nays.
/s/Judith Krupich, Clerk
/s/Robert Rotty, Chair