§ 82-3. Definitions.

The following definitions shall apply in the interpretation and implementation of this chapter:

AUTHORITY

The Shenandoah County Conservation Easement Authority.

CONSERVATION EASEMENT

A nonpossessory interest in real property, whether easement appurtenant or in gross, acquired through gift, purchase, devise, or bequest, imposing limitations of affirmative obligations, the purposes of which include retaining or protecting natural or open-space values of real property, assuring its availability for agricultural, forestal, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of real property.

DEVELOPMENT RIGHT

The number of residential building lots that may be created from the parent tract in a given zoning district per the Shenandoah County Zoning and Subdivision Ordinances.

HOLDER

A charitable corporation, charitable association, or charitable trust which has been declared exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and the primary purposes or powers of which include:

A. 

Retaining or protecting the natural or open-space values of real property;

B. 

Assuring the availability of real property for agricultural, forestal, recreational, or open-space use;

C. 

Protecting natural resources;

D. 

Maintaining or enhancing air or water quality; or

E. 

Preserving the historic, architectural or archaeological aspects of real property.

OWNER

The owner or owners of the freehold interest of the parcel.

PARCEL

A lot or tract of land, lawfully recorded in the Clerk's office of the Circuit Court of Shenandoah County. Because a conservation easement may contain one or more parcels, for the purposes of this chapter the term "parcel" shall include all parcels covered by, or proposed to be covered by, the conservation easement.

PROGRAM ADMINISTRATOR

The Director of Community development.

PUBLIC BODY

Any entity as defined in Virginia Code § 10.1-1700.

THIRD-PARTY RIGHT OF ENFORCEMENT

A right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association or charitable trust which, although eligible to be a holder, is not a holder.