AGRICULTURAL TO AGRICULTURAL-RESIDENTIAL REZONING

CHECKLIST

TOWN OF TROY

Applicant/Status (Owner, Agent etc.): ______________________________________________________

Location: ____________________________________________________________________________

Requesting an affirmative recommendation from the Town of Troy on a request to rezone land out of an Exclusive Agriculture zone is subject to all applicable requirements of the Town’s Subdivision Ordinance, the St. Croix County Ordinances, the Town of Troy Growth Management Plan and/or Comprehensive Plan, once available, provisions of Wisconsin Statutes on the rezoning of exclusive ag land and any other applicable requirements or ordinances of the Town of Troy. This checklist is concerned only with the information and actions required by the Town’s Subdivision Ordinance when an applicant seeks to remove land in the Town from an exclusive ag zoning district.

If any of the information contained in any part of the application materials changes the updated information must be promptly provided to the Town Clerk/Treasurer, in writing. Applicants for Town recommendation on a rezoning request that do not provide complete information that is updated as necessary will have their applications tabled or denied by the Town Board and Plan Commission. Formal Town disapproval of a rezoning request blocks the County from taking the rezoning action being requested. The Town will act to disapprove rezoning applications not in compliance with Town requirements. The Town will deny approval of a preliminary and/or final plat located in lands being rezoned and may refuse to issue building permits for lots created as a result of any rezoning if it is later discovered that the Town’s requirements in this regard were not fully satisfied.

Items to be provided with application for Town’s recommendation on Ag. To Ag.-Res. rezoning:

_____1. Town of Troy application for recommendation on request for rezoning from ag to ag-res, with processing fee.

_____2. A current list of all adjacent landowners with a notification letters and stamped, addressed envelopes (unsealed) for each, describing the rezoning request and providing the date(s) and location(s) of the meetings at which the Plan Commission and Town Board will consider the rezoning application.

_____3. A list of all parties with any kind of financial or legal interest in the property, including owners, mortgages, those with whom the owners have entered into any agreement for the sale of land sought to be rezoned and who otherwise holds any interest in the land. Any changes or transfers in identified interests must be promptly reported in writing to the Town Clerk and Attorney. Failure to cooperate may result in Town disapproval of a rezoning application, denial of a plat application or denial of building permits affecting the subject land, once subdivided.

_____4. A complete, written Farm Plan submitted in compliance with the intent of the Town of Troy Growth Management Plan and Section 135-8 of the Town of Troy’s Subdivision Ordinance.

Section 135-8(C)(2) of the Ordinance explains: “The purpose of a Farm Plan is to establish a farm-based program that protects the best farmable land and keeps it available for agricultural uses and to locate proposed development for non-agricultural uses in farm plan areas most appropriate for the said non-farming purposes...”

A Farm Plan must at a minimum contain all of the following information:

_____A. Written statement explaining how the purposes of Farm Plans in Town Ordinance Sections 35-1 and135-8 and the objectives of the Troy Growth Management Plan are served and how the best farmable land will protected by placing it under conservation easement. At a minimum, the following information must be provided:

1. Soil classification information on acres being developed and being preserved.

2. Topographical map showing acres being developed and being preserved.

3. Aerial photographs showing acres being developed and being preserved.

_____B. Recordable legal descriptions with parcel identification numbers for:

1. All land being proposed for rezoning; and

2. Land that will be protected and preserved by conservation easement. In cases where a “Tier One” Conservation easement is being proposed, this will be the same legal description as the property for which rezoning is proposed

(While a legal description is not at the point of a rezoning application, the applicant should be aware that in addition to the land going under conservation easement at the time of rezoning the applicant will be required to create open space in the area being subdivided, which will be permanently protected by restrictive covenants as part of the platting process.)

_____C. A concept drawing (to scale) of the property with the following information:

1. Specification of Farm Plan proportionality program choice (e.g., 40/60or 50/50 as described in Sec. 135-8C(3) of the ordinance).

2. Proposed plat layout with lot sizes and density calculations shown.

3. Proposed buffer or open space layout and sizes with density calculations shown.

4. Property boundary and total area

5. Proposed conservation easement area(s) with area proportion calculation shown.

6. Proposed farmette(s) layout and sizes inside the conversation easement area(s) with density calculations shown.

7. Location of existing homes and outbuildings inside area being proposed for rezoning with explanation of how existing buildings will be incorporated into proposed development or conservation easement areas following rezoning, with density calculations shown.

A Conservation Easement, prepared by the Town Attorney, must have been executed by all parties with any financial or legal interest in the property (see Item 3, above) and delivered to the Town prior to the Plan Commission meeting at which it is asked for a recommendation on the rezoning being requested. The Town will act to disapprove rezoning applications seeking the removal of land from an exclusive-ag zone without timely execution and delivery of a Conservation Easement. Once delivered, the Conservation Easement is held by the Town Attorney and recorded upon rezoning by St. Croix County.

Conservation Easements perpetually prevent further subdivision of land so encumbered and, in that way, preserve land for agricultural production, both large and smaller scale, and as open space. To meaningfully preserve land for these purposes a Conservation Easement also restricts the future uses to which the land may be put, most often to support agricultural, open space and limited residential values. Applicants are encouraged to include thoughts and suggestions about the contents of the Conservation Easement in the application materials when rezoning from an exclusive ag district is sought.

Copies of all application materials submitted to the Town shall be concurrently mailed or delivered to the Town Engineer and the Town Attorney at the following addresses:

Cedar Corporation Rodli, Beskar, Boles & Krueger, S.C.

ATTN: Russ Kiviniemi ATTN: Gwen Kuchevar

604 Wilson Avenue 219 North Main Street

Menomonie, WI 54751 River Falls, WI 54022

I hereby certify that all of the information required by this Checklist was submitted to the Town Clerk/Treasurer and mailed or delivered to the Town Attorney and Town Engineer at a time more than 25 days before the Plan Commission meeting where action on the rezoning request for property described above would be sought. I further certify that all information being provided to meet the information requirements herein is true and accurate to the best of my knowledge.

Signed: ____________________________________________ Date: __________________________

(Applicant signature)

Materials Delivered to Town: ___________________________________ Date: ____________________

(Town Clerk-Treasurer signature)