§ 82-8. Easement terms and conditions.  


Latest version.
  • Each conservation easement shall conform with the requirements of the Open Space Land Act and of 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. 
    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 may include, but not necessarily be limited to, restrictions pertaining to:
    (1) 
    The accumulation of trash, junk, and inoperable vehicles;
    (2) 
    The display of billboards, signs and advertisements;
    (3) 
    The management of forest resources;
    (4) 
    Grading, blasting or earth removal;
    (5) 
    The number of new dwellings and the number and size of outbuildings and farm buildings or structures;
    (6) 
    The conduct of industrial or commercial activities on the parcel; and
    (7) 
    Monitoring of the easement
    B. 
    Designation of easement holders. The Authority shall be a holder and the Shenandoah County Board of Supervisors shall have third-party right of enforcement of all easements acquired under this program. The Authority shall seek one or more public bodies or other holder(s) to be additional co-holders in the deed of easement or added by the Board of Supervisors and the Authority later, unless the Authority finds additional co-holders to be not feasible or not advisable.