It is the intent of this article to conserve, protect and encourage the development and improvement of the County's agricultural land for the production of food and other agricultural products. It is further the purpose of this article to provide for the continued security of the County's agricultural sector by encouraging the orderly and responsible growth of its swine industry by providing areas for the use of intensive swine facilities.

(Ord. No. 11-05, § c, 7-12-2011)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Existing dwelling means either of the following:

(1)

A structure, designed for residential use, which is occupied on the date a completed application for a swine facility is received by the office of the Zoning Administrator; or

(2)

A structure, designed for residential use, which is not occupied on the date a completed application is received but which has been issued a certificate of occupancy or which has been occupied for any six-month period of time within the five (5) years immediately preceding the date on which a completed application for a swine facility permit is received by the office of the Zoning Administrator.

Hogs and swine mean any of various stout-bodied short-legged omnivorous mammals (family Suidae) with a thick bristly skin and a short mobile snout, regardless of size, age or weight, commonly known as a pig.

Intensive swine facility and swine facility mean facilities with accessory uses or structures, including feed storage bins, litter storage sites, incinerators, manure storage sites in which at any one (1) time five hundred (500) or more hogs are confined, fed, maintained, kept or bred.

Livestock raiser means the owner or operator of a swine facility or the land on which the facility is located.

Parcel means a measured portion of land separated from other portions of land by a metes and bounds description or described as a separate, discrete tract in an instrument of conveyance or device and recorded in the land records of the Office of the Clerk of the Circuit Court of the County.

(Ord. No. 11-05, § c, 7-12-2011)

Cross reference— Definitions generally, § 1-2.

The sole permitted uses and structures in the A-1 district shall be an intensive swine facility.

(Ord. No. 11-05, § c, 7-12-2011)

The minimum number of acres on which a swine facility may be established shall be as follows:

(1)

The minimum parcel size on which an initial swine facility may be placed shall be one hundred (100) acres for swine facilities having between five hundred (500) hogs and one thousand (1,000) hogs. For each additional incremental increase of one thousand (1,000) hogs, an additional fifty (50) acres shall be required, provided that all other requirements of this article are met, including section 74-110 pertaining to a nutrient management plan.

(2)

Parcels with swine facilities in operation as of the effective date of the ordinance from which this section derives which do not have sufficient acreage shall be considered preexisting nonconforming uses and may continue so long as the operation is not abandoned for as long as two (2) years continuously and there is no increase in the size or number of swine fed, maintained, kept or bred on the parcel at one (1) time and there is no diminution in the size of the parcel of land containing the swine facility.

(Ord. No. 11-05, § c, 7-12-2011)

Each swine facility shall be set back from all existing dwellings or commercial establishments not owned by the livestock raiser, as follows:

(1)

From any existing dwelling or commercial establishment in the A-2 district, one thousand five hundred (1,500) feet.

(2)

From any existing dwelling or commercial establishment in any other zoning district, two thousand (2,000) feet.

(Ord. No. 11-05, § c, 7-12-2011)

The setback for any swine facility from property lines and public roadways shall be at least three hundred (300) feet.

(Ord. No. 11-05, § c, 7-12-2011)

All swine facilities shall be set back at least two thousand (2,000) feet from platted residential subdivisions and residentially zoned districts, rural service areas, mobile home parks, public schools, churches, County, town and community recreation areas, public wells, springs and water intakes.

(Ord. No. 11-05, § c, 7-12-2011)

Each application for a swine facility shall be accompanied by a plat or survey of the entire parcel, with the location of the proposed facilities shown. Any such plat shall be prepared and signed by a certified land surveyor or civil engineer licensed by the commonwealth certifying that the proposed swine facility meets all applicable setback requirements of this article and showing the direction and distances to nearest residences, commercial establishments, adjacent zoning districts, platted residential subdivisions, rural service areas, mobile home parks, public schools, recreation areas, wells, springs and water intakes.

(Ord. No. 11-05, § c, 7-12-2011)

(a)

An operator or a prospective operator of a swine facility shall file with the Zoning Administrator a development plan which indicates the number, size and location of swine structures planned for the subject parcel. When such development plan has been approved by the Zoning Administrator and during the period in which it remains in effect, the planned structures shall comply only with those setbacks from dwellings and uses existing at the time the development plan is approved. The Zoning Administrator shall act upon any development plan within thirty (30) days of receipt of the development plan; or if the development plan does not meet the requirements of this article, the Zoning Administrator shall return the development plan to the person who submitted it, together with a written description of the portions of the development plan that do not comply. No building permit for any structure comprising a swine facility shall be issued nor any construction commenced until a development plan is approved by the Zoning Administrator.

(b)

The development plan shall be based on the requirements of this article and shall be accompanied by a plat verifying the accuracy of the distances shown in the development plan and containing all of the data required by this article.

(c)

The development plan shall remain valid only so long as the structures proposed are constructed in accordance with the development plan and are placed in service as follows: At least one-third (⅓) of the number of swine subject to this article indicated in the development plan must be placed into service within thirty-six (36) months of the date on which the development plan is approved by the Zoning Administrator unless at least one-third (⅓) of the number of swine is already in service on the subject parcel at the time the development plan is filed.

(d)

The operator shall notify the Zoning Administrator in writing within thirty (30) days of placement into service of any structure indicated in his development plan.

(e)

If an operator fails to build the proposed structure or have in place the minimum number of swine required in subsection (c) of this section, the development plan shall be deemed null and void. All future development plans for the structures on the subject parcel shall conform to the requirements of this article.

(f)

Each parcel for which a development plan has been approved by the Zoning Administrator shall display at its entrance a sign no smaller than two (2) square feet, or larger than four (4) square feet, clearly visible from the nearest roadway, indicating that a development plan is in effect for the parcel and containing the words "Certified Agricultural Development Site." The location of any such sign shall require the approval of the Zoning Administrator.

(g)

Nothing contained in this section shall be construed to prohibit an operator or a prospective operator from submitting amendments to his original development plan or to submitting revised development plans at any time. The Zoning Administrator shall approve the amended or revised development plan according to the standards set forth in this article and according to the terms of this chapter in effect at the time the amendments or revisions are submitted to the Zoning Administrator.

(Ord. No. 11-05, § c, 7-12-2011)

(a)

After the effective date of the ordinance from which this section derives, no swine facility shall commence operation until a nutrient management plan, if required by the Commonwealth, for the proposed facility has been reviewed and approved by the State Department of Conservation and Recreation or by the State Cooperative Extension Service or by a person certified or employed by the Commonwealth as a nutrient management planner. The operator of the swine facility shall file a true and exact copy of such approved plan with the Zoning Administrator.

(b)

If off-site disposal is part of the nutrient management plan, the operator shall provide, as part of that nutrient management plan, written documentation of an agreement with the receiver of the wastes produced at the operator's facility or an affidavit, sworn and subscribed before a notary public, that states his intention to dispose of the waste through sale in retail establishments or by otherwise marketing to consumers. Documentation shall specify the duration of the agreement and the nature of the application or use of the wastes. A nutrient management plan containing such an agreement shall be valid only as long as the agreement remains in force and shall be reviewed whenever such an agreement expires or is terminated by either party. The operator shall notify the Zoning Administrator whenever such an agreement is terminated before its stated expiration date within fifteen (15) days of such termination.

(c)

The facility shall also provide for a site, with or without a permanent structure, for the storage of animal wastes, if required by the Commonwealth, and meet all applicable standards of the Commonwealth.

(d)

If the operator is unable to locate a storage site on the same parcel of land because of insufficient acreage or topographical hardship, the Zoning Administrator, after consultation with the operator's engineer, may permit the storage site to be located on adjacent land owned by the operator; or, if there is a valid agreement for off-site disposal as provided in this section, the Zoning Administrator may permit the storage site to be located on a parcel specified in the agreement for off-site disposal.

(e)

The nutrient management plan shall be reviewed, updated and approved every five (5) years by an agent of the State Department of Conservation and Recreation or by the State Cooperative Extension Service or by a person certified or employed by the Commonwealth as a nutrient management planner. The operator of the swine facility shall file a true and exact copy of such reviewed, updated and approved plan with the Zoning Administrator.

(Ord. No. 11-05, § c, 7-12-2011)

The rural large lot district is intended to preserve and protect areas of Cumberland County that are predominantly rural and used for agricultural purposes while meeting the demand for very low-density large lot. The rural large lot district is intended to preserve and protect areas of Cumberland County that are predominantly rural and used for agricultural purposes while meeting the demand for very low-density large lot residential development.

This district is intended to preserve and protect areas of the County that are predominantly rural and used for agricultural purposes while meeting the demand for very low-density large lot residential development in rural portions of the County into which could reasonably be expected to develop very-low-density rural residential development outside of designated growth areas as found in the Comprehensive Plan. This district primarily covers areas of the County consisting of woodland, farmland and open space.

The primary objective of this district is to encourage limited low-density rural residential use of non-prime agricultural lands while also providing a buffer between agricultural lands and developing areas. Other key objectives of this district include conserving water and other natural resources, reducing soil erosion, protecting watersheds and reduce hazards from floods; preserving the rural character of the County; and promoting the retention of undisturbed open space. Limited residential development, and limited commercial and industrial uses which are supportive of and directly related to, agriculture, forestry or other traditionally rural uses, are to be permitted, but only in a manner consistent with the objectives of the district. In particular, the provisions of this district are intended to significantly limit development dependent upon public utilities such as public sewer and water systems. This district is designed to protect existing and future agricultural activity from encroachment of incompatible residential development and densities.

(Ord. No. 11-05, § c, 7-12-2011)

Permitted uses and structures in the A-20 district are as follows:

(1)

Minor subdivisions, conventional.

(2)

Major subdivisions, conventional.

(3)

Single-family detached dwellings.

(4)

Modular homes.

(5)

Agriculture, general farming and forestry.

(6)

Boarding, rooming or lodging houses and bed and breakfast inns.

(7)

Boat landings and piers.

(8)

Foster care and adult family care (home-based).

(9)

Guest houses.

(10)

Home occupations.

(11)

In home daycare.

(12)

Kennels, private.

(13)

Preserves and conservation areas.

(14)

Short-term rental dwelling.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-08, 10-11-2016; Ord. No. 22-03, 9-12-2023)

The following uses are permitted in the A-20 district with a conditional use permit:

(1)

Fire and rescue facilities.

(2)

Public utilities to serve the permitted uses on the lot.

(3)

Public utility booster or relay stations, transformer substations, meters and other facilities, including water and sewerage facilities.

(4)

Community centers.

(5)

Libraries and other similar public facilities.

(6)

Group homes.

(7)

Transitional homes.

(Ord. No. 11-05, § c, 7-12-2011)

The minimum gross residential density and the minimum lot area shall be as prescribed in Table 7.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

(a)

The minimum required setbacks and the minimum required yards shall be as prescribed in Table 8.

(b)

No accessory structure, except for permitted fences, walls, and ornamental structures may occupy a required front setback.

(c)

Minor and limited encroachments are allowed as prescribed in section 74-136(b).

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-10, 3-14-2017; Ord. No. 18-04, 5-14-2019)

The minimum required lot frontage and the minimum required lot width shall be as prescribed in Table 9.

(Ord. No. 11-05, § c, 7-12-2011)

Buildings in an A-20 district may be erected up to thirty-five (35) feet in height, except that:

(1)

No accessory building which is within fifty (50) feet of any property line shall be more than one (1) story high. All accessory buildings shall be less than the primary structure in height.

(2)

Any building may be erected to a height of sixty (60) feet from grade, provided that the required front, side, and rear yard setbacks must be increased by one (1) foot for each one (1) foot in height over thirty-five (35) feet.

(3)

Church spires, belfries, cupolas, chimneys, flues, flagpoles, television antennas, radio aerials, and bona fide farm buildings or structures as defined by Code of Virginia, § 36-97, as that section may from time to time be amended and/or recodified are exempt from height requirements.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-07, 8-9-2016; Ord. No. 18-04, 5-14-2019)

Any lot or parcel fronting on two (2) or more roads must conform to the frontage, minimum lot width, and setback requirements for all such roads.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

This district includes large rural portions of the County into which could reasonably be expected to develop small and very-low-density rural residential development outside of designated growth areas as found in the Comprehensive Plan. This district primarily covers areas of the County consisting of woodland, farmland, open space and areas of very-low density residential development.

The primary objective of this district is to encourage the continuation and expansion of agricultural and forestall production and limited low-density rural residential use of non-prime agricultural lands while also providing a buffer between agricultural lands and developing areas. Other key objectives of this district include conserving water and other natural resources, reducing soil erosion, protecting watersheds and reduce hazards from floods; preserving the rural character of the County; and promoting the retention of undisturbed open space. Limited residential development, and limited commercial and industrial uses which are supportive of and directly related to, agriculture, forestry or other traditionally rural uses, are to be permitted, but only in a manner consistent with the objectives of the district. In particular, the provisions of this district are intended to significantly limit conventional and roadside strip development as well as development dependent upon public utilities such as public sewer and water systems.

(Ord. No. 11-05, § c, 7-12-2011)

Permitted uses and structures in the A-2 district are as follows:

(1)

Minor subdivisions, conventional.

(2)

Major subdivisions, cluster.

(3)

Single-family detached dwellings.

(4)

Two-family dwellings.

(5)

Manufactured homes.

(6)

Modular housing units.

(7)

Accessory uses and structures.

(8)

Agriculture, general farming and forestry.

(9)

Boarding, rooming or lodging houses and bed and breakfast inns.

(10)

Boat landings and piers.

(11)

Cabinet-making, furniture and upholstery shops (home-based).

(12)

Cemeteries, family or church (subject to Code of Virginia § 57-26).

(13)

Childcare (home-based).

(14)

Churches (less than one hundred thousand (100,000) square feet).

(15)

Farm-based equipment sales/service.

(16)

Foster care and adult family care (home-based).

(17)

Garden shops, greenhouses, nurseries.

(18)

Home occupations (refer to section 74-2).

(19)

Hunting lodges and clubs and boat clubs.

(20)

In home daycare.

(21)

Kennels, private.

(22)

Off-street parking for permitted uses.

(23)

One-room schoolhouses.

(24)

Poultry processing facilities (refer to chapter 74, article XXIII).

(25)

Preserves and conservation areas.

(26)

Riding schools, horse breeding establishments, riding stables.

(27)

Sawmills (portable).

(28)

Short-term rental dwellings.

(29)

Special events.

(30)

Wayside stands (temporary, seasonable or sale of on-site farm products).

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 11-08, 2-14-2012; Ord. No. 14-05, 10-14-2014; Ord. No. 14-06, 11-18-2014; Ord. No. 14-07, 11-18-2014; Ord. No. 15-08A, 7-14-2015; Ord. No. 15-08B, 10-13-2015; Ord. No. 16-08, 10-11-2016; Ord. No. 16-11, 4-11-2017; Ord. No. 22-03, 9-12-2023; Ord. No. 23-01, 9-12-2023)

The following uses are permitted in the A-2 district with a conditional use permit:

(1)

Airstrips.

(2)

Animal research facility.

(3)

Antique shops

(4)

Archery range.

(5)

Borrow, extraction, excavation and stockpiling of soil, gravel, or sand.

(6)

Campground.

(7)

Churches (of over one hundred thousand (100,000) square feet) and cemeteries, private, cemetery association or for-profit.

(8)

Convenience and general stores.

(9)

Event facilities.

(10)

Fire and rescue facilities.

(11)

Garage, automotive repair.

(12)

Golf courses, country clubs, golf driving ranges and mini-golf.

(13)

Group homes.

(14)

Guesthouses.

(15)

Gun clubs with or without indoor or outdoor shooting ranges, skeet shooting ranges and ball clubs.

(16)

Kennels, commercial.

(17)

Landfill (CDD) (including inert waste).

(18)

Livestock markets.

(19)

Nursery schools and private kindergartens.

(20)

Nursing homes, convalescent homes and rest homes.

(21)

Off site collection, transportation and disposal of waste.

(22)

Place of public assembly.

(23)

Porta-John business.

(24)

Public utilities.

(25)

Public utility generating plants, public utility booster or relay stations, transformer substations, meters and other facilities, including railroads and facilities, and water and sewerage facilities.

(26)

Racetracks (auto, motorcycle, and horse).

(27)

Radio stations, television stations and cable TV facilities, communication stations and/or tower or related facilities; subject to provisions of section 74-731 et seq.

(28)

Recreational facilities.

(29)

Recreational vehicle (RV) parks.

(30)

Retail sales and display of storage sheds and carports.

(31)

Short-term rental complexes.

(32)

Solar energy facilities.

(33)

Special recreational events.

(34)

Transitional homes.

(35)

Veterinary hospitals.

(36)

Wood products (processing and assemblage of), as defined in section 74-2.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 11-08, 2-14-2012; Ord. No. 11-07, 7-10-2012; Ord. No. 14-02, 7-8-2014; Ord. No. 15-01, 3-10-2015; Ord. No. 15-08A, 7-14-2015; Ord. No. 15-08B, 10-13-2015; Ord. No. 16-05, 4-12-2016; Ord. No. 16-09, 12-13-2016; Ord. No. 19-09, 12-10-2019; Ord. No. 20-05, 10-13-2020; Ord. No. 21-02, 3-9-2021; Ord. No. 21-05, 5-11-2021; Ord. No. 22-06, 8-9-2022; Ord. No. 23-02, 9-12-2023)

Borrowing, extracting, excavating, surplusing or stockpiling of soil, gravel, sand, cover and other similar material shall be consistent with the provisions of chapter 34, article II of this Code, (Code of Virginia § 34-31 et seq.) and shall be conducted in a safe manner and in accordance with best management practices and applicable federal and state regulations. Drainage around any surplus, stockpiles, or cover material will be consistent with best management practices to avoid erosion, leaching of materials and sediment run-off. Salt and sand piles over twenty (20) cubic feet will be covered when not accessed. Any equipment, vehicles, or supplies necessary to borrow, extract, excavate, stockpile, move material and similar such activities and on-site for longer that a consecutive two-month period shall be screened by architectural or landscape architectural screening to be visually unobtrusive from any public road or from any adjacent property. Architectural or landscape architectural screening of borrow, extraction or excavation areas, surplus or stockpiles shall be provided if visible from a public road or from adjacent property. No surplus or stockpile shall exceed a thirty-five-foot maximum vertical height and no slope for surplus or stockpile shall exceed 4:1 unless appropriate best management practices, as set forth by the Peter Francisco Soil and Water Conservation District, are utilized to prevent erosion, leaching of materials and sediment run-off. Re-grading of borrow, extraction, and excavation areas shall occur after the sooner of six (6) months of inactivity or following termination of such activities and shall be consistent with pre-existing grade or at a grade not greater than 5:1.

(Ord. No. 11-05, § c, 7-12-2011)

The minimum gross residential density and the minimum lot area shall be as prescribed in Table 1.

(Ord. No. 11-05, § c, 7-12-2011)

(a)

The minimum required setbacks and the minimum required yards shall be as prescribed in Table 2.

(b)

No accessory structure, except for permitted fences, walls, and ornamental structures may occupy a required front setback.

(c)

Minor and limited encroachments into the required setbacks of the district shall be permitted as follows:

(1)

Uncovered stairs and stoops, air conditioners and heat pumps, none of which are more than ten (10) feet in width, may extend five (5) feet into any minimum required side or rear setback.

(2)

Bay windows, oriels, and chimneys, none of which are more than ten (10) feet in width, may extend three (3) feet into any minimum required setback.

(3)

Carports may extend five (5) feet into any minimum required side or rear setback.

(4)

An accessibility improvement, defined as steps, ramps, and landings affording pedestrian and wheelchair access, may extend into any minimum required setback for the required length of the improvement.

(5)

The following shall apply to any open (not roofed) deck attached to any existing single-family detached dwelling:

a.

Any non-roofed deck may extend five (5) feet into any minimum required side or rear setback.

b.

No deck may extend into any minimum required setback from a public or private road.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 13-04, 10-8-2013; Ord. No. 16-10, 3-14-2017; Ord. No. 18-04, 5-14-2019)

The minimum required lot frontage and the minimum required lot width shall be as prescribed in Table 3.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Buildings in an A-2 district may be erected up to thirty-five (35) feet in height, except that:

(1)

Any building may be erected to a height of sixty (60) feet from grade, provided that the required front, side and rear yards must be increased by one (1) foot for each foot in height over thirty-five (35) feet.

(2)

Church spires, belfries, cupolas, chimneys, flues, flagpoles, television antennas, radio aerials, and bona fide farm buildings or structures as defined by Code of Virginia, § 36-97, as that section may from time to time be amended and/or recodified are exempt from height requirements.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-07, 8-9-2016; Ord. No. 18-04, 5-14-2019)

Any lot or parcel fronting on two (2) or more roads must conform to the frontage, minimum lot width, and setback requirements for all such roads.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

(a)

Residential density and lots: The minimum gross residential density and minimum residential lot area shall be as prescribed in Table 4.

(b)

Conservation lot required: A conservation lot shall be required in all A-2 cluster developments. The minimum conservation lot area (as a percentage of the total gross development acreage) shall be as prescribed in Table 4. Additional requirements for conservation lots within an A-2 cluster development are prescribed by section 74-156.

(Ord. No. 11-05, § c, 7-12-2011)

(a)

The minimum required setbacks and the minimum required yards shall be as prescribed in Table 5.

(b)

No accessory structure, except for permitted fences, walls, and ornamental structures may occupy a required front setback.

(c)

Minor and limited encroachments are allowed as prescribed in section 74-136(b).

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-10, 3-14-2017; Ord. No. 18-04, 5-14-2019)

(a)

The minimum required lot frontage and the minimum required lot width shall be as prescribed in Table 6.

(b)

For the purposes of this section, any building lot which is separated from an existing public road by any conservation lot shall be deemed to front such existing public road for purposes of the application of such minimum frontage, setback and yard requirements unless the distance between the boundary of such conservation lot and any abutting residential lot shall be at least equal to the minimum setback requirement as listed in this subdivision.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Any lot or parcel fronting on two (2) or more roads must conform to the frontage, minimum lot width, and setback requirements for all such roads.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Buildings in an A-2 district may be erected up to thirty-five (35) feet in height, except that:

(1)

Any building may be erected to a height of sixty (60) feet from grade, provided that required front, side and rear yards must be increased by one (1) foot for each one (1) foot in height over thirty-five (35) feet.

(2)

Church spires, belfries, cupolas, chimneys, flues, flagpoles, television antennas, radio aerials, and bona fide farm buildings or structures as defined by Code of Virginia, § 36-97, as that section may from time to time be amended and/or recodified are exempt from height requirements.

(3)

No accessory building which is within twenty (20) feet of any property line may be more than one (1) story high. All accessory buildings must be less than the primary structure in height.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

(a)

A conservation lot shall be provided in every cluster development and shall be permanently restricted to prohibit further residential, commercial or industrial development. Such restriction may be made in the form of a covenant running with the land so restricted and in favor of each building lot in the cluster development, and in favor of the County. In the alternative, such restriction may be effected by the conveyance or dedication of such restricted land to the County, the Commonwealth of Virginia or any other public body which is empowered to accept such conveyance or dedication. The substance of any such restriction, conveyance or dedication shall be subject to the approval of the County to ensure that such restriction shall be permanent and effective, which approval shall be made at the time of final subdivision approval and shall not be unreasonably withheld. The form of each such restriction, conveyance or dedication shall be subject to the approval of the County Attorney at the time of final subdivision approval. Nothing herein shall be deemed to require the acceptance of any conveyance or dedication or land by any public body except as may be approved by the governing body of such public body in its sole discretion.

(b)

Applicants must demonstrate compliance with the conservation lot ownership and maintenance standards as described below:

(1)

Ownership.

a.

Up to eighty percent (80%) of the total minimum required conservation lot may be designated to an individual owner, land trust, community association or governmental entity with the remaining twenty percent (20%) designated for local homeowners' use and enjoyment.

b.

If the conservation lot is to not be entirely owned by a homeowner's association, then alternative arrangements must be approved by the Board of Supervisors prior to final subdivision plat approval.

c.

Prior to or concurrently with final subdivision plat approval for any property within a cluster development, applicants shall record documents conveying a conservation easement applicable to the conservation lot, to the County, and to the group that will own the conservation lot, with content approved by the County, requiring preservation of features as designated on the required site resource and site analysis plan and on the final subdivision plat, requiring maintenance in perpetuity of the conservation lot, prohibiting further division of that area, and prohibiting any use not permitted by the zoning ordinance. Nothing herein shall be deemed to require the acceptance of any conveyance or dedication or land by any public body except as may be approved by the governing body of such public body in its sole discretion.

(2)

Maintenance.

a.

Unless otherwise agreed to by the County, the cost and responsibility of maintaining common facilities and the conservation lot shall be borne by the property owner, community association, conservation organization, or individual owner.

b.

The applicant shall, at the time of preliminary plat submittal, provide a plan for maintenance of the conservation lot and operation of common facilities in accordance with the following requirements:

1.

The plan shall define ownership.

2.

The plan shall establish necessary regular and periodic operation and maintenance responsibilities for the various kinds of open space (i.e., lawns, playing fields, meadow, pasture, cropland, woodlands, etc.).

3.

The plan shall estimate staffing needs, insurance requirements, and associated costs, and define the means for funding the maintenance of the conservation lot and operation of any common facilities on an ongoing basis. Such funding plan shall include the means for funding long term capital improvements as well as regular yearly operating and maintenance costs.

4.

The applicant shall be required to escrow sufficient funds, through a bond with like surety, for the maintenance and operation costs of common facilities for up to one (1) year.

5.

Any changes to the maintenance plan shall be approved by the County Board of Supervisors.

c.

In the event that the organization established to maintain the conservation lot and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the County may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.

d.

The County may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action shall be paid from the surety bond established as part of the maintenance plan.

(3)

Permanent protection.

a.

All conservation lot land shall be permanently restricted from future subdivision and other forms of development through a conservation easement running with the chain of title, in perpetuity, and recorded with the Clerk of the Circuit Court. Under no circumstances shall any development be permitted in the conservation lot at any time.

b.

Prior to or concurrently with final plat approval for a cluster development, if the conservation lot is to be owned and maintained by a homeowners' association, the applicants shall record documents which create a homeowners' association, convey the conservation lot to the association and require that the association maintain all common areas and amenities, including recreation facilities, street lights, street trees, alleys, and pedestrian paths, with mandatory membership of all lot owners and authority for the association to assess fees and impose liens on members' property for the cost of maintenance of those areas. If a conservation lot is not to be owned and maintained by a homeowners' association, alternate arrangements for the ownership and maintenance of the conservation lot may be approved by the Board of Supervisors, as described in section 74-156(b)(1).

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)