(a) To qualify for the open space classification, a property shall meet all of the criteria listed in either paragraph (a)(1), (2), (3) or (4) hereof:
(1) Historic resource protection. The property must be at least five acres in size, excluding homesite and other non-qualifying land; be listed as an historic property or a contributing property in an historic district on the Virginia Landmarks Register or the National Register of Historic Places or the Loudoun County Heritage Register; and be subject to a perpetual scenic, historic or open space easement or a seven to ten year recorded commitment with the County.
(2) Scenic resource protection. The property must be at least five acres in size, excluding homesite; be contiguous to (as defined by the Code of Virginia of 1950, as amended) a scenic by-way, with at least 300 feet of frontage on the scenic by-way, or to a scenic river, or be adjacent to a public property listed in the approved State Comprehensive Outdoor Recreation Plan (also known as the Virginia Outdoors Plan); and be subject to a perpetual scenic, historic or open space easement or a seven to ten- year recorded commitment with the County.
(3) Protection of farmland for future agricultural use. The property must be at least twenty acres in size, excluding homesite and other non-qualifying land, and must be located in a rural area as defined by the County Comprehensive Plan; the owner must file and implement a land management plan approved by the Soil and Water Conservation District, agreeing to mow the property at least twice a year, to control noxious weeds and to use other applicable best management practices; and the property must be subject to a minimum ten-year open space recorded commitment with the County. This contract may only be amended, renegotiated or terminated in the event that the landowner proposes to return to active agricultural activity that may qualify for the Use Value Assessment Program under the agricultural, forestal or horticultural category, provided, however, that such agricultural and horticultural qualifications are otherwise met.
(4) Achievement of comprehensive planning and community development goals. The property must be at least five acres in size, excluding homesite and other non-qualifying land, and be protected by a permanent open space or scenic easement or be located in an Agricultural or Forestal District. Rural village and rural hamlet conservancy lots protected by permanent open space easements may qualify when they are at least five acres in size, excluding homesite and other non-qualifying land.
(b) Any recorded commitment with the County as of September 1, 1993, shall be recognized for the remaining term of such commitment as satisfying the requirements that the property be in an Agricultural or Forestal District, subject to a perpetual easement, or subject to a seven to ten-year recorded commitment, provided, however, that the property must meet all other criteria established by this section.
(Ord. 93-09. Passed 9-1-93; Ord. 02-10. Passed 5-20-02; Ord. 23-04. Passed 2-7-23; Ord. 24-03. Passed 3-13-24.)