§ C-9. Agricultural conservation easement terms and conditions.

Each agricultural conservation easement shall conform to the requirements of the Open-Space Land Act of 1966 (Virginia Code section 10.1-1700 et seq.) and this chapter. The deed of an agricultural 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 (1) new dwelling per one hundred (100) acres. The dwellings shall comply with the current zoning ordinance then in effect, or the terms and conditions contained in the agricultural conservation easement, whichever is more restrictive.

(b)

Agricultural conservation easement duration. .....An agricultural 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 agricultural conservation easements pertaining to uses and activities allowed on the parcel. These restrictions shall be delineated in the deed of easement and shall include provision for monitoring by the county.

(d)

Designation of agricultural easement holders. .....The county shall be the easement holder, and if designated by the board, and with the landowner's consent, which shall not be unreasonably withheld one (1) or more other public bodies, as defined in Virginia Code section 10.1-1700, or one (1) or more organizations then qualifying as an eligible donee as defined by section 170(h)(3) of the Internal Revenue Code of 1986, as amended, shall also be an easement holder. (5-19-05; 3-20-08.)