Article I. CREATION OF DISTRICT  

Public Hearing March 6, 1982

Approved as to Form and Legality

by County Attorney

David C. Dickey

Whereas, William Thomas and Josiah Hundley, landowners in the County of Greene have filed an application for the creation of an agricultural or forestal district on the 3rd day of October, 1981.

Whereas, the application was referred to the planning commission on the 3rd day of October, 1981; and

Whereas, the application was referred to the agricultural district advisory committee and the advisory committee has reviewed the application and reported its findings and recommendations to the planning commission on the 1st of December, 1981; and

Whereas, the planning commission did publish notice of the pendency of the application on the 23rd day of December, 1981, in The Greene County Record, a newspaper of general circulation in the County of Greene; and

Whereas, the planning commission did hold the public hearing on the 6th day of January, 1982; and

Whereas, the planning commission forwarded the application with its findings and recommendation for approval to the board on the 2nd day of February, 1982; and

Whereas, the Board of Supervisors of Greene County did publish notice of the adoption of this ordinance on the 18th day of February, 1982, in The Greene County Record, a newspaper of general circulation in the County of Greene,

Now therefore be it ordained by the Greene County Board of Supervisors that:

(1)

The Snow Mountain agricultural district is land which requires conservation and protection for the production of food and other agricultural and forestal products and, as such, is a valuable natural and ecological resource providing open spaces for clean air and adequate and safe water supplies and other aesthetic purposes, and is therefore valuable to the public interest.

(2)

The Snow Mountain agricultural district is hereby established for a period of eight years beginning this 6th day of March, 1982, in accordance with the provisions of Code of Virginia, §§ 15.1-1506—15.1-1513, as amended.

(3)

The district shall consist of 1,132 acres and shall be located in Greene County, and shall include the following parcels:

A map showing the exact location of each parcel is attached to this ordinance and incorporated herein.

(4)

The zoning and subdivision ordinances of Greene County, Virginia, are hereby amended within this agricultural or forestal district to read as follows:

(a)

No parcel within the agricultural or forestal district shall be developed to more intensive use (for which purpose [the term] "more intensive" shall mean a use which is placed in a more intense zoning classification under the Greene County zoning ordinance with special use permits being considered more intensive than uses by right) during the period that such parcel is within the agricultural or forestal district.

(b)

This restriction shall not prevent the subdivision of one lot of two acres from an existing parcel and deeded for the purpose of housing to a parent or child of the owner or one of the owners of such parcel.

(c)

Any collection of contiguous parcels in one ownership shall be considered to be a parcel for the purpose of this ordinance, except that where any one subparcel independently acquired is conveyed subject to the provisions of this ordinance, such conveyance will not be considered a violation of this ordinance.

(5)

These parcels qualify for land use value assessment provided the parcels meet the criteria of Code of Virginia, §§ 58-769.5 and 58-769.7.

(6)

The owners of land within Snow Mountain district shall not terminate the district except in accordance with Code of Virginia, § 15.1-1513.

(7)

Lawful termination of any owner's association in the district shall not serve to terminate the existence of the district, but the district shall continue in effect until the review required by Code of Virginia, § 15.1-1511(E). In applying the provisions of Code of Virginia, § 15.1-1513(A) the board of supervisors will consider that the death of any co-owner, meaning tenant by the entireties, tenant in common, or joint tenant will be equivalent to the death of the owner. This consideration does not relieve such surviving owners of having to comply with the terms of Code of Virginia, § 15.1-1513(A).

(8)

All owners of land in the agricultural or forestal district shall be required, upon conveying or selling by contract, deed of trust or other instrument any parcel of land in such agricultural forestal district to recite the fact that such parcel is in this district. Violation of this subsection (8) shall be a misdemeanor.

Editor's note— Any references to Code of Virginia, tit. 58 have been superseded by Code of Virginia, tit. 58.1.