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Session Laws, 1999
Volume 796, Page 3335   View pdf image
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purposes any acreage allowed to be released. The agreement shall be recorded among
the land records where the land is located and shall bind all future owners.

(v) After certifying that the landowner or child of the landowner
has met the conditions provided in subparagraphs (i) through (iv) of this paragraph,
the Foundation shall issue a preliminary release which shall:

1. Become final when the Foundation receives and certifies a
nontransferable bui
lding permit in the name of the landowner or child of the
landowner for construction of a dwelling house; or

2. Become void upon the death of the person for whose
benefit the release was intended if the Foundation has not yet received a building
permit as provided in this subparagraph.

(vi) Any release or preliminary release issued under this paragraph
shall include a statement of the conditions under which it was issued, a certification
by the Foundation that all necessary conditions for release or preliminary
release
have been met, and copies of any pertinent documents.

(vii) Any release, preliminary release, building permit, or other
document issued or submitted in accordance with this paragraph shall be recorded
among the land records where the land is located and shall bind all future owners.

(viii) The Foundation may not restrict the ability of a landowner who
originally sold an easement to acquire a release under this paragraph beyond the
requirements provided in this section.

(3) A landowner may construct housing for tenants fully engaged in
operation of the farm, but this construction may not exceed 1 tenant house per 100
acres. The land on which a tenant-house is constructed may not be subdivided or
conveyed to any person. In addition, the tenant house may not be conveyed separately
from the original parcel.

(4) Except as provided in paragraph (5) of this subsection, on request to
the Foundation, an owner may exclude from the easement restrictions 1 acre per each
single dwelling, which existed at the time of the sale of the easement, by a land
survey and recordation provided at the expense of the owner. However; before any
exclusion is granted, an owner shall agree with the Foundation not to subdivide
further for residential purposes any acreage allowed to be released. This agreement

shall be recorded among the land records where the land is located and shall bind all
future owners.

(5) (i) The restrictions of paragraphs (2) and (4) of this subsection
concerning maximum lot sizes are altered so that the maximum lot size is 2 acres if:

1. Regulations adopted by the Department of the
Environment require a minimum lot size for a dwelling house of not less than 2 acres
in areas where there is less than 4 feet of unsaturated and unconsolidated soil
material below the bottom of an on-site sewage disposal system or in areas located
within 3,500 feet of the normal water level of an existing or proposed water supply
reservoir; or


 

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Session Laws, 1999
Volume 796, Page 3335   View pdf image
 Jump to  
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