Each conservation easement shall conform to the requirements of the Open-Space Land Act of 1966 (VA Code §§ 10.1-1700 et seq.). 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. The maximum density, footprint and location of new dwellings shall be determined on a case-by-case basis with the Virginia Outdoors Foundation.
(B) Conservation easement duration. A conservation easement acquired under the terms of this chapter shall be perpetual. There are no provisions for repurchase of these rights or future exchange of properties.
(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) blasting; (iv) conduct of industrial or commercial activities on the parcel; and (v) monitoring of the easement.
(D) Designation of easement holders. The Virginia Outdoors Foundation or another public body as defined in VA Code § 10.1-1700, or an organization eligible according to § 170(h)(3) of the Internal Revenue Code of 1986, as amended, shall be the easement holder.
(E) Enforcement. The deed of easement shall provide that the rights acquired by the Virginia Outdoors Foundation or other easement holder or by its successor in interest by the deed of easement may be enforced in any lawful way including but not limited to the assessment of damages and injunctive relief and that the grantor of the easement or its successor in interest shall bear the costs of litigation, including but not limited to attorney's fees, in any case in which the grantor or its successor in interest is found to have violated the terms of the easement.
(Ord. passed 7-11-2005; Am. Ord. passed 6-11- 2007; Am. Ord. passed 11-14-2007; Am. Ord. passed 5-14-2013)