§ 5.5-35. Conservation easement terms and conditions.

Each conservation easement shall conform with the requirements of the Open-Space Land Act of 1966 (Code of Virginia Code § 10.1-1700 et seq.) and this chapter. The deed of easement shall be in a form approved by the county attorney, and shall contain, at a minimum, the following provisions:

(a)

Restriction on new dwellings. No new dwellings may be constructed on a parcel except as provided hereafter; the deed of easement may allow one new dwelling per 100 acres, with the dwelling location specified by plat on or before the conservation easement is established.

(b)

Conservation easement duration. A conservation easement acquired under the terms of this chapter shall be perpetual.

(c)

Other restrictions. In addition to the foregoing, the parcel shall be subject to standard restrictions contained in conservation easements pertaining to uses and activities allowed on the parcel. These standard restrictions shall be delineated in the deed of easement and shall include, but not necessarily be limited to, restrictions pertaining to: (i) accumulation of trash and junk; (ii) display of billboards, signs and advertisements; (iii) grading, blasting or earth removal; (iv) conduct of industrial or commercial activities on the parcel; and (v) monitoring of the easement.

(d)

Designation of easement holders. The county shall be the easement holder, and if designated by the board, one or more other public bodies, as defined in Code of Virginia § 10.1-1700, or one (1) or more organizations then qualifying as an eligible done as defined by Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, shall also be an easement holder.

(Ord. of 9-25-07)

(Ord. of 9-25-07)