BOARD OF SUPERVISORS TRANSPORTATION AND LAND USE COMMITTEE INFORMATION ITEM. Conservation Easement Stewardship Program

BOARD OF SUPERVISORS TRANSPORTATION AND LAND USE COMMITTEE INFORMATION ITEM Date of Meeting: April 17, 2015 # 2 SUBJECT: ELECTION DISTRICT: CRITICAL ACTION DATE: STAFF CONTACTS: Conservation Easement Stewardship Program Countywide None Kristin Brown, Mapping and Geographic Information Larry Stipek, Mapping and Geographic Information Ron Brown, Deputy County Attorney PURPOSE: The purpose of this item is to provide additional information requested by the Committee regarding proposed easement legislation, easement enforcement, and options for the disposition of the easements the County holds. BACKGROUND: At its meeting of November 5, 2014, the Board was asked if it wished to accept the donation of a conservation easement by the Mosby s Ridge, LLC ( Mosby ). Staff recommended that the Board not accept the donation based on current staffing levels. The Board voted (8-0-1, Williams absent) to send the item to the next Transportation and Land Use Committee (TLUC) meeting for additional information. In addition to the proposed donation of an open space easement by Mosby, staff presented information to the TLUC on November 21, 2014, regarding impacts of accepting additional easements into the County s Conservation Easement Stewardship Program. The Committee discussed monitoring of open space easements, fiscal impact, education, enforcement, and potential expansion of the program versus transferring the program to a conservation organization. The Committee voted (2-1-2, Delgaudio opposed, Higgins and York absent) to forward the item to the Board with a recommendation to accept the deed of gift from Mosby conveying to the Board an Open Space Easement. The Committee also directed staff (3-0-2, Higgins and York absent) to present an Information Item at a future TLUC meeting to discuss opens space easements, administration, and fiscal impact. Subsequent to the November TLUC meeting, on December 22, 2014, legal counsel representing Mosby s Ridge, LLC provided a letter to County staff indicating that Mosby had elected to withdraw its offered easement. The Board acknowledged receipt of the withdrawal letter in the Administrative Items Report for the January 21, 2015 Business meeting.

Item 2, Conservation Easement Stewardship Program Transportation and Land Use Committee April 17, 2015 Page 2 At its meeting on January 16, 2015, the Committee further discussed conservation easements and asked staff to return with additional information. The Committee specifically asked about bills that have been introduced into the Virginia House of Delegates, the general requirements for enforcement by easement type, whether any easements held by the County could be transferred to another entity, whether surrounding counties are acquiring development related easements, zoning ordinance provisions requiring such easements, the cost of easement enforcement, and active lawsuits involving major easement holders. The History of County Acceptance of Conservation Easements The oldest easement in the GIS dates from 1968. Since then, Loudoun County has become holder or co-holder of over 400 easements. The majority of these easements were created through the community development process (such as in the creation of a rural village, rural hamlet, or low density waiver subdivision). Of the easements that have been mapped, Loudoun County is the sole holder of approximately 24,500 acres of easements and the co-holder (with other qualified, easement holding organizations) of approximately 2000 acres. Of the mapped easements held solely by the County, 291 easements were created through the community development process (approximately 22,500 acres/2756 parcels, ranging in sizes of less than an acre to over 800 acres). Six easements were gifted directly to the County (approximately 1000 acres/8 parcels), six easements (approximately 683 acres/7 parcels) were put under County stewardship via a Transfer of Development Rights (TDR) and two solely held easements were obtained through the now defunct Purchase of Development Rights (PDR) program (325 acres/2 parcels). Committee members asked that staff respond to a number of questions. Those are listed and answered below. 1. What are the conservation-related Legislative Bills for 2015? a. SB 1019/HB1828 (Passed by House and Senate 2/23/15; Approved by Governor 3/27/15 (effective 7/1/15)) This Bill updates the Land Preservation Tax credits section to (i) reduce the maximum amount of tax credits beginning in 2015; (ii) reduce the maximum amount of the land preservation tax credit that may be claimed in 2014 and for each taxable year thereafter; and (iii) adjust the requirements for the timing of applications for the credit.) b. HB 1488 (Passed by House and Senate 2/24/15; Approved by Governor 3/10/15 (effective 7/1/15).) This Bill applies to conservation easements granted to non-public bodies (i.e., 501(c)(3) charitable corporations, charitable associations, or charitable trusts) and allows a landowner or other party to such a conservation easement to request that the Virginia Land Conservation Foundation use the Administrative

Item 2, Conservation Easement Stewardship Program Transportation and Land Use Committee April 17, 2015 Page 3 Dispute Resolution Act to resolve a dispute relating to the interpretation of the easement. c. SB 994 ( Passed by indefinitely in the Senate Committee on Local Government (13-0) on 2/3/15.) This Bill would allow a locality to set standards for the clustering and preservation of open space to (i) prohibit the division of the open space into noncontiguous areas such that the configuration of the open space would prevent a meaningful assemblage of acreage into one or more larger open space areas; (ii) require certain open space to be accessible to all dwellings in the development; and (iii) require certain open space to be usable by residents. d. HB 738 (Introduced 2014 and sitting in the House Committee for Courts of Justice since 12/4/14, with no apparent action on this Bill in 2015.) This Bill relates to eminent domain, agreements to obtain a conservation easement, consent of private landowners and inverse condemnation. 2. What in the Zoning Ordinance requires a conservation easement to be granted to the Board? Provide a sample. Typical Zoning Ordinance provision: 2-506 Lot Requirements for Lots Served by Public Sewer/Cluster Option. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that gross density of one lot per forty thousand (40,000) square feet is maintained calculated based on the overall parcel. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. See Attachment 1 for listing of all instances in the Zoning Ordinance in which an open space easement is required. 3. Is there a provision for the Board to assign held or co-held easements to another entity for stewardship? What are the options? A spot check of easements going back to 1986 indicates almost all the easements contain the following provision (which is currently in the standard deed template): The County may assign its rights under this easement to any state or federal agency charged with the responsibility of conservation of natural or farm areas, or to any nonprofit, tax-exempt organization engaged in promoting conservation of farm or natural areas. There are two options regarding assigning a held or co-held easement to another entity:

Item 2, Conservation Easement Stewardship Program Transportation and Land Use Committee April 17, 2015 Page 4 1) Contracting for Stewardship: Contracting for stewardship is an option. The Pennsylvania Land Trust Association (PALTA) hosts a website (ConservationTools.org) on calculating the cost of conservation easement stewardship. Members of the Coalition reviewed the website, and responded that it is a credible source on stewardship steps and costs. PALTA breaks the stewardship process down into six functions: 1. Annual Monitoring 2. Landowner Communication 3. Review of Reserved and Permitted Rights and Approvals 4. Easement Holder Initiated Amendments 5. Resolving Minor Violations 6. Resolving Major Violations If the County were to contract out for stewardship, functions 3-6 would remain the Loudoun s responsibility. Potential costs are outlined in the question below. The Land Trust of Virginia has expressed interest in contracting for stewardship of Loudoun County s easements. 2) Transferring an Easement: Staff asked the Coalition for information on options regarding transferring solely held easements to another entity. Team members noted that while easement transfers are rare, they do occur, and that the County should be aware of the following: A transfer would be dependent upon whether the easement in question is a good fit for the land trust s conservation goals. When accepting an easement, nonprofit land trusts generally require a stewardship endowment in order to cover long term stewardship costs. The costs vary widely and depend upon a variety of factors, such as the size, age, number of divisions, the terms of the easement, the funding requirements of the land trust, etc. As the land trust would be assuming full, future stewardship responsibilities, an easement transfer would be significantly higher than the cost of contracting for stewardship. Unless a development easement is in place to protect a significant or notable resource, it s unlikely a nonprofit land trust would accept the transfer of one. Since the long term cost of easement stewardship depends greatly upon an easement s terms and history, staff s research and discussion with conservation organizations indicates there is no one-size-fits-all cost figure for a stewardship

Item 2, Conservation Easement Stewardship Program Transportation and Land Use Committee April 17, 2015 Page 5 endowment. However, endowments referenced on PALTA s website range between $5,000 to $30,000 per easement. The Virginia Outdoors Foundation (VOF) will consider a Gift/PDR easement transfer from Loudoun, depending upon the terms of the easement. The easement must not have any known stewardship issues, so a review and documentation of the site would be required. VOF also requires a stewardship fee for future stewardship costs; the amount would be dependent upon the individual easement and determined by their board. The Stewardship Manager also noted that VOF is willing to assume full stewardship for any of the eight easements co-held with Loudoun County. 4. What are the FTE requirements needed for stewardship versus the cost of contracting for stewardship? According to the PALTA website referenced in the question above, the average annual stewardship costs, based upon the reports of eight land trusts, is $786 per easement, with a range of $431 to $1500, excluding costs to resolve major violations. Using PALTA s stewardship cost calculator, the average cost per easement for functions 1 and 2 = $508.23. Additional factors such as property size, distance to the property, or the number of parcels and property owners within an easement may impact this number; the actual cost of stewardship would depend upon negotiations between Loudoun County and the organization with which it would contract. Using current salaries of comparable Loudoun County staff identified to assist with stewardship site visits, the cost to have Loudoun County perform these same functions equals $579.14 per easement (minus the travel time and supplies). Note that this estimate is for stewardship only and not for resolving potential easement issues. 5. Are there any pending local, state, or federal cases in Virginia involving conservation easements? Supervisor Volpe clarified to look for active cases involving the organizations listed on page two of the January TLUC item. The organizations listed on page 2 of the January TLUC item were: Virginia Outdoors Foundation Land Trust of Virginia Old Dominion Land Conservancy Northern Virginia Conservation Trust The Nature Conservancy The Appalachian Trail Conservancy Wetlands America Trust

Item 2, Conservation Easement Stewardship Program Transportation and Land Use Committee April 17, 2015 Page 6 Through the Virginia Court System online Circuit Court Case Information System, which allows separate searches of cases in each of 120 County and City circuit courts (excluding Alexandria, Fairfax, and Virginia Beach which do not participate in the Virginia Circuit Case Management System), and the Federal Courts electronic public access service, the County Attorney s Office searched for pending cases involving the land trusts listed above in the Virginia Federal Courts and in the Circuit Courts of the counties of Albemarle, Augusta, Arlington, Clarke, Culpeper, Fauquier, Frederick, Loudoun, Prince William, Rappahannock, Rockingham, Spotsylvania, Stafford, and Warren. Colleagues in the Fairfax County Attorney s office agreed to search for pending cases in Fairfax County. Four (4) pending cases involving the above-listed land trusts were found: 1. Loudoun: Land Trust of Virginia v. Mt. Aldie. Currently set for trial June 10 12, 2015. Suit to obtain injunction against land disturbance violations of the easement terms. 2. Loudoun: Wetlands America Trust v. White Cloud Nine Ventures Suit to enforce conservation easement. Decided in favor of defendant essentially on issues of interpretation of easement terms ( farm building, ground area ) and insufficient evidence. WAT filed notice of appeal 8/27/14. Decision on Petition pending. 3. Fauquier: Fauquier County v. nine defendants including VOF; appears to be a suit to obtain a sale of property owned by a person under disability. Does not involve validity of or enforcement of the easement. 4. Augusta County: Commonwealth of Virginia and VOF v. Knopp Family Trust, et al. Suit to enforce a VOF easement. Defendants filed counterclaim. Parties have apparently been working toward a possible settlement of the case. The last filed pleading in the case was June 4, 2013. 6. Provide a list of easements by holder and type (gift, PDR, etc), indicating which ones generate revenue. See Attachment 2. Note that Section 58.1-513 C.2 of the Code of Virginia provides for the distribution of funds by the Virginia Land Conservation Fund to public and private nonprofit conservation easements holders through the collection of a fee each time an allowable tax credit is transferred. Any of the seven gift easements (1128 acres/9 parcels) or 14 PDR easements (2655 acres/42 parcels) that the County solely holds or co-hold qualify for this program. Loudoun received approximately $18,000 in 2012 and $2,300 in 2013. These funds are distributed by the Fund once a year. 7. What are the general terms of each type of easement? While easements may have different terms, Loudoun County normally uses a Deed of

Item 2, Conservation Easement Stewardship Program Transportation and Land Use Committee April 17, 2015 Page 7 Open Space Easement template (Attachment 3). Please see items 1-19 on the attachment for general terms used by Loudoun County. 8. What are the general requirements for enforcement? From the Loudoun County Deed of Open Space Easement template (Attachment 3), item 12: The parties agree that monetary damages would not be an adequate remedy for the breach of any of the terms, conditions and restrictions herein contained, and therefore, in the event that the Grantors, their successors or assigns, violate or breach any of such terms, conditions and restrictions herein contained, the County, its successors, or assigns, may institute a suit, and shall be entitled, to enjoin by ex parte temporary and/or permanent injunction such violation and to require the restoration of the Property to its prior condition. The County, its successors and assigns, by any prior failure to act shall not waive or forfeit, and shall not be deemed to have waived or forfeited, the right to take any action as may be necessary to insure compliance with the terms, conditions and purposes of this Easement. 9. How do surrounding counties handle development easements? a. Fauquier Zoning Ordinance provides for the deeding to the County of perpetual open space easements in the Conservation (RC) District and the Agriculture (RA) District to preserve required open space. Fauquier County staff advises that such easements are accepted per the authority of the Open-Space Land Act. b. Prince William The Rural Cluster Development provisions require open space to be conveyed to either an authorized grantee, as described in the Conservation Easement Act (which provides for conveyances to certain 501(c)(3) charitable corporations, charitable associations, or charitable trusts, as opposed to the Open-Space Land Act which provides for easements to public bodies) or to an HOA subject to protective covenants. The Prince William ordinance does not require the easement to be conveyed to the County. c. Fairfax Zoning Ordinance provides for easements pursuant to an Open Space/Historic Preservation Easements Program and other conservation programs, and the website references a public-private partnership with the Northern Virginia Conservation Trust (NVCT) to serve as a holder of such easements, but the ordinance does not provide for or require open space easements to be granted to Fairfax County for the purpose of preserving density (for example, their cluster developments require the provision of various percentages of open space, but not open space easements.) This was confirmed by an assistant County Attorney.

Item 2, Conservation Easement Stewardship Program Transportation and Land Use Committee April 17, 2015 Page 8 d. Albemarle Zoning Code requires, for rural preservation developments, a perpetual easement accruable to the County of Albemarle and the Albemarle County Public Recreational Facilities Authority, and such easements are pursuant to the Open-Space Land Act. e. Shenandoah- Ordinance contains the following provision: In C-1, RRC, A-1 and RRA, a perpetual conservation easement acceptable to and approved by the County shall be recorded on all open space and conservation lots [to] ensure the use remains as open space in perpetuity and is not further subdivided or developed in excess of what is permitted by the provisions of this article, nor is used for purposes other than [agricultural and forestal uses, recreation activities, preservation of historic, natural and environmental resources, and one principal and one accessory dwelling per conservation lot [on] a minimum area of 30 acres]. Shenandoah staff indicated that no one has actually acted to create one. f. Henrico - Henrico does not require the grant of an open space or conservation easement to the County as a means of enforcing the open space development requirements. It appears that any necessary enforcement is intended to be achieved via the zoning inspector or through reliance on the HOAs to enforce within their developments. g. Clarke Planning department advises they do not use open space easements per development applications to preserve density. 10. What is the cost of enforcement? Loudoun County has had limited experience in enforcing easements, and has not tracked any associated costs. In a survey of four land trusts, the PALTA website estimates a minor violation will average 22.5 staff hours and just over two sites visits for a total cost of approximately $1241 dollars, but notes that outside legal counsel or professional services may be a part of the cost. PALTA notes the cost of litigating a major easement violation could be substantially more, but the Office of the County Attorney has no way of predicting such costs because: The County has never litigated a major violation. The cost would depend upon the nature of the violation. ADDITIONAL BACKGROUND: With the assistance of members of the Loudoun County Preservation and Conservation Coalition s Conservation Easement Committee, staff designed a stewardship program that would that would accomplish the following:

Item 2, Conservation Easement Stewardship Program Transportation and Land Use Committee April 17, 2015 Page 9 1. Establish a process of conducting site visits to properties with conservation easements that are held or co-held by Loudoun County. 2. Create and maintain a permanent stewardship record repository. 3. Reach out to owners of properties with conservation easements to explain easement terms and facilitate on-going stewardship activities. 4. Educate the public about conservation easements. 5. Enforce, where necessary, the terms of easements. Staff of the Office of Mapping and Geographic Information provided information to the Transportation and Land Use Committee about the County s newly created Conservation Easement Stewardship program at the Committee s meeting on April 18, 2014. More information about what a conservation easement is and how it is conveyed can be found in that item. During Phase I of this program, staff will be making site visits over the next two years to the gift, PDR, and TDR easements. With regard to the easements created through the community development process, Mapping staff will work with the Coalition to prioritize those easements that are in greatest need of stewardship, and will use the GIS and aerial photography to conduct change detection analysis to help with the monitoring process. Staff is also working with DIT to create a report or flag via WebLMIS to note sales and permits of parcels with easements, which will help with the monitoring process. The Coalition and staff predict that many of the development easements may be monitored remotely and will not require a site visit. ATTACHMENTS: 1. List of Zoning Ordinance provisions requiring open space easement 2. Easements by holder and type, current as of December 2013 3. Loudoun County Deed of Open Space Easement template

Section 2-500 Countryside Residential-1: CR-1 2-506 Lot Requirements for Lots Served by Public Sewer/Cluster Option. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that gross density of one lot per forty thousand (40,000) square feet is maintained calculated based on the overall parcel. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. 2-507 Lot Requirements for Compact Cluster Development Option. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that gross density of one lot per forty thousand (40,000) square feet is maintained calculated based on the overall parcel. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 2-600 Countryside Residential-2: CR-2 2-607 Lot Requirements for Compact Cluster Development Option. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that gross density of one lot per twenty thousand (20,000) square feet is maintained calculated based on the overall parcel. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 2-700 Countryside Residential-3: CR-3 2-707 Lot Requirements for Compact Cluster Development Option. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per fifteen thousand (15,000) square feet is maintained, calculated based on the overall parcel. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 2-1000 Joint Land Management Area-1 District: JLMA-1 2-1005 General Development Requirements. The following general development requirements shall apply to all development in the JLMA-1 district. (B) Maximum Gross Density. The maximum gross residential density shall be one (1) unit per forty thousand (40,000) square feet, calculated based on the overall parcel, excluding roads. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 2-1100 Joint Land Management Area-2 District: JLMA-2 2-1105 General Development Requirements. The following general development requirements shall apply to all development in the JLMA-2 district. ATTACHMENT 1 A-1

(B) Maximum Gross Density. The maximum gross residential density shall be one (1) unit per twenty thousand (20,000) square feet, calculated based on the overall parcel, excluding roads. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 3-100 R-1 Single Family Residential. 3-105 Lot Requirements for Cluster Developments reducing lot size up to 20%. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 40,000 square feet is maintained, calculated based on the overall parcel. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. 3-106 Lot Requirements for Cluster Development Reducing Lot Sizes 20% to 50% Pursuant to Section 6-1400. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 40,000 square feet is maintained, calculated based on the overall. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 3-200 R-2 Single Family Residential. 3-205 Lot Requirements for Traditional Design Option. (F) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 20,000 square feet is maintained, calculated based on the overall. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. 3-206 Lot Requirements for Cluster Development reducing lot sizes up to 20%. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 20,000 square feet is maintained, calculated based on the overall parcel. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. 3-207 Lot Requirements for Cluster Development Reducing Lot Sizes From 20% to 50% Pursuant to Section 6-1400. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 20,000 square feet is maintained, calculated based on the overall. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 3-300 R-3 Single Family Residential. A-2

3-305 Lot Requirements for Traditional Design Option. (F) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 15,000 square feet is maintained, calculated based on the overall parcel size. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. 3-306 Lot Requirements for Cluster Development Reducing Lot Sizes Up to 20%. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 15,000 square feet is maintained, calculated based on the overall parcel size. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. 3-307 Lot Requirements for Cluster Development Reducing Lot Sizes From 20% To 50% Pursuant to Section 6-1400. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 15,000 square feet is maintained, calculated based on the overall parcel size. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 3-400 R-4 Single Family Residential. 3-405 Lot Requirements for Traditional Design Option. (F) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 10,000 square feet is maintained, calculated based on the overall parcel size. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. 3-406 Lot Requirements for Cluster Development Reducing Lot Sizes Up to 20%. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 10,000 square feet is maintained, calculated based on the overall parcel size. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. 3-407 Lot Requirements For Cluster Development Reducing Lot Sizes From 20% to 50% Pursuant to Section 6-1400. (E) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 10,000 square feet is maintained, calculated based on the overall A-3

parcel size. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 3-500 R-8 Single Family Residential. 3-507 Lot Requirements for Traditional Design Option for Single Family Detached. (F) Minimum Open Space Area. Open space shall be provided in a sufficient amount such that a gross density of one lot per 6,000 square feet is maintained, calculated based on the overall parcel size. Open space shall be preserved by means of a permanent open space easement acceptable to the Board of Supervisors. Section 4-900 PD-CV Planned Development Countryside Village. 4-904 Land Use Elements and Location (C) Countryside Village Conservancy Area. The Village Conservancy Area shall: (2) Be placed under permanent open space easement limiting uses to those listed in Section 4-907. (D) Countryside Village Satellite Conservancy Area (Optional). Satellite Conservancy Area shall only be allowed provided that: (2) It is placed under permanent open space easement limiting uses to those listed in Section 4-907. Section 4-1200 PD-RV Planned Development - Rural Village. 4-1202 District Size and Location. This district, when mapped, shall be no less than three hundred (300) acres in size. No less than eighty percent (80%) of the gross land area shall be subject to a permanent open space easement 5-702 Rural Hamlet Option. (C) (1) Hamlet Lots. Hamlet lots shall have a designated building area. All land not designated as building area, private access easements, and road rights-of-way shall be placed in a permanent open space easement. (2) Open Space. Residual land contiguous to a rural hamlet, which is subject to a permanent open space easement. (3) Hamlet Green/Square. Land located in the interior of a rural hamlet, owned in common by hamlet lot owners and which is in a permanent open space easement. (4) Conservancy Lots. A lot, excluding the hamlet lots, open space and/or hamlet green/square, which will remain as large parcel(s), the bulk of which is in permanent open space easement and a portion of which is designated a building area. A-4

(D) (2) Open Space Use. All areas of the tract of land devoted to the Rural Hamlet Option other than the building areas lots and road rights-of-way, shall be subjected to a permanent open space easement. (J) (3) The permanent open space easement required in the rural hamlet shall be enforced by the County. Such easement shall be in a form approved by the County, Art. 8 - Lot, Outlot: A parcel of land identified on a legally recorded subdivision plat, subject to a permanent open space easement or dedicated to a homeowner's association, which does not meet lot area and lot width requirements. A-5

Easements that may generate revenue, held or co held by Loudoun County Easement Number # of Parcels in Easement Recordation Holder Co Holder Easement Type Acreage 200411090119149 1 11/9/2004 BOS NA Gift/ 3rd Party 17.04 201005240029587 1 5/24/2010 BOS NA Gift/ 3rd Party 24.04 199001240267500 1 1/24/1990 BOS NA Gift/ 3rd Party 29.12 199805270141868 12 5/27/1998 BOS Land Trust of Virginia Gift/ 3rd Party 117.04 200012290333458 2 12/29/2000 Jamestown Compact Land Trust (dissolved) Loudoun County Gift/ 3rd Party 117.25 201007140041197 1 7/14/2010 BOS NA Gift/ 3rd Party 351.89 199809010161210 2 9/1/1998 BOS NA Gift/ 3rd Party 471.98 200312120162217 1 12/12/2003 Potomac Conservancy Inc. BOS PDR 9.27 200208080504518 3 8/8/2002 Northern Virginia Conservation Trust BOS PDR 27.14 200310210139949 1 10/21/2003 BOS NA PDR 44.27 200302190014042 1 2/19/2003 BOS Virginia Outdoors Foundation PDR 60.55 200310220140516 6 10/22/2003 Virginia Outdoors Foundation BOS PDR 67.20 200401060000750 5 1/6/2004 Virginia Outdoors Foundation BOS PDR 125.24 200212270553324 1 12/27/2002 BOS Virginia Outdoors Foundation PDR 134.26 200304010037331 1 4/1/2003 Virginia Outdoors Foundation BOS PDR 167.94 200302070568144 2 2/7/2003 Land Trust of Virginia BOS PDR 238.87 200212190550734 2 12/19/2002 Virginia Outdoors Foundation BOS PDR 253.39 200310230140693 1 10/23/2003 BOS NA PDR 280.53 200301030556114 3 1/3/2003 Virginia Outdoors Foundation BOS PDR 291.87 200212310555143 4 12/31/2002 BOS Virginia Outdoors Foundation PDR 380.08 200310210139944 11 10/21/2003 BOS Potomac Conservancy Inc. PDR 574.71 Easements that do not generate revenue, held by Loudoun County Easement Number # of Parcels in Easement Recordation Holder Co Holder Easement Type Acreage 199207220194136 1 7/22/1992 BOS NA TDR 30.99 199001120269970 1 11/20/1990 BOS NA TDR 35.00 198804070135595 1 4/7/1988 BOS NA TDR 88.81 198707310293205 2 7/31/1987 BOS NA TDR 100.29 200812110072061 1 12/11/2008 BOS NA TDR 190.19 198802110213477 1 2/11/1988 BOS NA TDR 237.97 199607180045920 1 7/18/1996 BOS Mount Gilead Hamlet Conservancy Inc. Development 29.50 199409150307783 17 9/15/1994 BOS Mount Gilead Hamlet Conservancy Inc. Development 59.73 200103020346327 2 3/2/2001 BOS NA Development 0.03 200110180411270 1 10/18/2001 BOS NA Development 0.04 200610050085254 1 10/5/2006 BOS NA Development 0.05 200206260490617 1 6/26/2002 BOS NA Development 0.10 ATTACHMENT 2 A-6

200103020346339 2 3/2/2001 BOS NA Development 0.12 200701180004209 2 1/18/2007 BOS NA Development 0.15 200103070347447 1 3/7/2001 BOS NA Development 0.18 200409230102827 1 9/23/2004 BOS NA Development 0.19 201105200031080 1 5/20/2011 BOS NA Development 0.23 200504210040306 2 4/21/2005 BOS NA Development 0.28 200407230076323 1 7/23/2004 BOS NA Development 0.31 199510120012905 1 10/12/1995 BOS NA Development 0.35 200212200551258 1 12/20/2002 BOS NA Development 0.39 200406230063542 1 6/23/2004 BOS NA Development 0.42 200409230103148 1 9/23/2004 BOS NA Development 0.42 200303260034481 2 3/26/2003 BOS NA Development 0.45 199808040155729 1 8/4/1998 BOS NA Development 0.51 200504280042982 1 4/28/2005 BOS NA Development 0.53 200205230479766 1 5/23/2002 BOS NA Development 0.58 200407190074786 3 7/19/2004 BOS NA Development 0.58 200307020083587 2 7/2/2003 BOS NA Development 0.86 200609190080503 1 9/19/2006 BOS NA Development 0.90 199808040155758 1 8/4/1998 BOS NA Development 0.95 200210240531350 1 10/24/2002 BOS NA Development 1.00 200301290565316 2 1/29/2003 BOS NA Development 1.20 199902020191821 3 2/2/1999 BOS NA Development 1.22 200302060567939 5 2/6/2003 BOS NA Development 1.23 200307100086513 1 7/10/2003 BOS NA Development 1.33 200607130060849 1 7/13/2006 BOS NA Development 1.54 201001070000949 1 1/7/2010 BOS NA Development 1.88 199703140076450 1 3/14/1997 BOS NA Development 1.96 200503250030002 1 3/25/2005 BOS NA Development 2.12 199608220050633 2 8/22/1996 BOS NA Development 2.51 200112210430792 2 12/21/2001 BOS NA Development 2.52 200609110077816 2 9/11/2006 BOS NA Development 2.65 200209110514670 1 9/11/2002 BOS NA Development 2.76 200801250004234 2 1/25/2008 BOS NA Development 2.79 199907300229902 2 7/30/1999 BOS NA Development 2.96 200206170487575 3 6/17/2002 BOS NA Development 3.07 199907300230010 2 7/30/1999 BOS NA Development 3.08 199610180058484 4 10/18/1996 BOS NA Development 3.13 200608300074882 3 8/30/2006 BOS NA Development 3.22 A-7

200307080085201 5 7/8/2003 BOS NA Development 3.38 200502100016002 1 2/10/2005 BOS NA Development 3.43 200612190105486 1 12/19/2006 BOS NA Development 3.60 200203130455421 5 3/13/2002 BOS NA Development 3.74 201209130071274 3 9/13/2012 BOS NA Development 4.21 200203140455830 2 3/14/2002 BOS NA Development 4.28 199912010254966 3 12/1/1999 BOS NA Development 4.43 199907300230009 1 7/30/1999 BOS NA Development 4.57 199903300203611 1 3/30/1999 BOS NA Development 4.75 200311240154906 2 11/24/2003 BOS NA Development 5.28 201010150064598 3 10/15/2010 BOS NA Development 5.37 200509120102556 6 9/12/2005 BOS NA Development 5.40 200503240029418 1 3/24/2005 BOS NA Development 5.44 200103020346328 1 3/2/2001 BOS NA Development 5.49 200405030042833 2 5/3/2004 BOS NA Development 5.66 200409150100067 5 9/15/2004 BOS NA Development 5.75 199705160084704 2 5/16/1997 BOS NA Development 5.85 200112180429509 1 12/18/2001 BOS NA Development 5.98 199904060205710 1 4/6/1999 BOS NA Development 6.34 201008030045535 3 8/3/2010 BOS NA Development 6.54 200409230013148 1 9/23/2004 BOS NA Development 6.56 201207250056416 1 7/25/2012 BOS NA Development 6.88 200411020117373 1 11/2/2004 BOS NA Development 6.96 200004050278107 1 4/5/2000 BOS NA Development 7.03 200404280041211 1 4/28/2004 BOS NA Development 7.24 200711150080629 1 11/15/2007 BOS NA Development 8.49 200312090160808 5 12/9/2003 BOS NA Development 9.13 201005060026355 2 5/6/2010 BOS NA Development 9.69 199908260235600 1 8/26/1999 BOS NA Development 9.73 200912180084102 1 6/16/2004 BOS NA Development 9.74 201205230038529 1 6/16/2004 BOS NA Development 9.92 200205090475333 2 5/9/2002 BOS NA Development 9.96 199609260055648 2 9/26/1996 BOS NA Development 10.25 200212020544597 2 12/2/2002 BOS NA Development 10.47 200308080102486 5 8/8/2003 BOS NA Development 10.54 200305150057599 6 5/15/2003 BOS NA Development 10.71 200408110083656 2 8/11/2004 BOS NA Development 10.83 200607200062734 1 7/20/2006 BOS NA Development 10.86 A-8

200607070058930 3 7/7/2006 BOS NA Development 11.74 200206210489387 6 6/21/2002 BOS NA Development 12.08 199609240055250 4 9/24/1996 BOS NA Development 12.23 200105160366429 1 5/16/2001 BOS NA Development 12.38 200507150075853 1 7/15/2005 BOS NA Development 12.53 200304100040961 3 4/10/2003 BOS NA Development 12.68 200305190058986 5 5/19/2003 BOS NA Development 12.91 200404210037895 2 4/21/2004 BOS NA Development 13.23 200411160121787 3 11/16/2004 BOS NA Development 13.57 200110290414163 1 10/29/2001 BOS NA Development 13.91 200410010107109 2 10/1/2004 BOS NA Development 14.30 199912010254963 2 12/1/1999 BOS NA Development 14.43 200205090475388 5 5/9/2002 BOS NA Development 14.51 199904010204303 1 4/1/1999 BOS NA Development 14.66 199706200089427 2 6/20/1997 BOS NA Development 14.74 200601110003698 2 1/11/2006 BOS NA Development 15.87 200308140105633 3 8/14/2003 BOS NA Development 16.55 200208270510232 2 8/27/2002 BOS NA Development 16.61 200501060001870 4 1/6/2005 BOS NA Development 16.98 200404200037631 2 4/20/2004 BOS NA Development 17.88 200108090391661 11 8/9/2001 BOS NA Development 18.31 200011290327141 2 11/29/2000 BOS NA Development 18.91 199702130072489 1 2/13/1997 BOS NA Development 19.16 200208270510224 1 8/27/2002 BOS NA Development 19.38 200107030381619 1 7/3/2001 BOS NA Development 19.88 200806190037779 3 6/19/2008 BOS NA Development 20.12 200805140029162 28 5/14/2008 BOS NA Development 20.20 200312230165946 4 12/23/2003 BOS NA Development 20.43 201207270057225 2 7/27/2012 BOS NA Development 20.67 200507220080176 1 7/22/2005 BOS NA Development 20.89 200110290413933 1 10/29/2001 BOS NA Development 21.05 200303030018235 1 3/3/2003 BOS NA Development 21.32 200407020068379 4 7/2/2004 BOS NA Development 21.43 199601160022883 1 1/16/1996 BOS NA Development 22.57 200404070032361 5 3/23/2003 BOS NA Development 23.03 200304110041102 35 4/11/2003 BOS NA Development 23.43 200704090026674 1 4/9/2007 BOS NA Development 23.91 200507150075873 3 7/15/2005 BOS NA Development 25.05 A-9

200109280405829 7 9/28/2001 BOS NA Development 25.35 201210090079167 18 10/9/2012 BOS NA Development 25.53 200212230552389 2 12/23/2002 BOS NA Development 26.03 200212040545348 6 12/4/2002 BOS NA Development 26.63 200503020022454 3 3/2/2005 BOS NA Development 26.97 200206240490103 30 6/24/2002 BOS NA Development 28.13 199011200154907 1 11/20/1990 BOS NA Development 29.34 200303170026742 3 3/17/2003 BOS NA Development 30.71 200202150448178 5 2/15/2002 BOS NA Development 30.83 200702280015447 1 2/28/2007 BOS NA Development 31.02 200604240036065 1 4/24/2006 BOS NA Development 31.29 200306020065654 9 6/2/2003 BOS NA Development 31.54 201207270057229 3 7/27/2012 BOS NA Development 31.57 200310030131752 1 10/3/2003 BOS NA Development 33.01 199910070244972 2 10/7/1999 BOS NA Development 33.02 200202050444503 8 2/5/2002 BOS NA Development 36.06 200509140104286 9 9/14/2005 BOS NA Development 36.41 200802140008450 30 2/14/2008 BOS NA Development 36.53 200310200139643 2 10/20/2003 BOS NA Development 37.07 200703190020644 29 3/19/2007 BOS NA Development 38.02 199706230089555 20 6/23/1997 BOS NA Development 38.88 200308210108826 4 8/21/2003 BOS NA Development 39.43 198912290215803 6 12/29/1989 BOS NA Development 40.96 200408130085716 18 8/13/2004 BOS NA Development 41.45 200601310009422 28 1/31/2006 BOS NA Development 42.40 199507180001555 16 7/18/1995 BOS NA Development 42.79 201301030001022 10 1/3/2013 BOS NA Development 44.25 200101170336555 13 1/17/2001 BOS NA Development 46.76 199604260035540 5 4/26/1996 BOS NA Development 46.83 199901190188317 11 1/19/1999 BOS NA Development 47.11 199601160022872 2 1/16/1996 BOS NA Development 47.41 201101040000614 11 1/4/2011 BOS NA Development 47.66 199810060168077 3 10/6/1998 BOS NA Development 49.52 199709180102303 2 9/18/1997 BOS NA Development 49.80 200101100335530 2 1/10/2001 BOS NA Development 50.02 199612300067029 1 12/30/1996 BOS NA Development 50.34 199005150159732 1 5/15/1990 BOS NA Development 50.72 199201290263473 2 1/29/1992 BOS NA Development 50.76 A-10

200206270491032 2 6/27/2002 BOS NA Development 50.84 200006130291245 2 6/13/2000 BOS NA Development 51.15 200111160420140 3 11/16/2001 BOS NA Development 51.27 199908120232852 1 8/12/1999 BOS NA Development 51.43 200104030354312 1 4/3/2001 BOS NA Development 51.78 199512220020812 10 12/22/1995 BOS NA Development 52.02 200802110007538 1 2/11/2008 BOS NA Development 52.02 199704280081983 2 4/28/1997 BOS NA Development 52.58 199309290222462 1 9/29/1993 BOS NA Development 56.07 199911020249949 5 11/2/1999 BOS NA Development 56.80 200408130085474 29 8/13/2004 BOS NA Development 57.00 200709190068547 12 9/19/2007 BOS NA Development 57.30 200609140079324 2 9/14/2006 BOS NA Development 57.69 200408170086608 43 8/17/2004 BOS NA Development 58.42 200712140086679 1 12/14/2007 BOS NA Development 59.48 200302250015485 3 2/25/2003 BOS NA Development 61.94 200405250051928 5 5/25/2004 BOS NA Development 62.41 200212060546213 27 12/6/2002 BOS NA Development 64.42 200109180402492 29 9/18/2001 BOS NA Development 65.36 200308220109509 47 8/22/2003 BOS NA Development 66.49 200102280345454 32 2/28/2001 BOS NA Development 66.90 200507280083160 28 7/28/2005 BOS NA Development 71.40 200305010050532 3 5/1/2003 BOS NA Development 72.68 200412130132533 33 12/13/2004 BOS NA Development 72.90 201106100035101 31 6/10/2011 BOS NA Development 74.19 200010030315214 3 10/3/2000 BOS NA Development 74.85 199508310007366 3 8/31/1995 BOS NA Development 74.98 201202170012008 34 2/17/2012 BOS NA Development 75.20 199604230034936 3 4/23/1996 BOS NA Development 75.34 200301060556884 32 1/6/2003 BOS NA Development 75.38 199309070254028 3 9/7/1993 BOS NA Development 75.39 199806250147329 3 6/25/1998 BOS NA Development 75.49 200206100485134 3 6/10/2002 BOS NA Development 75.63 199605030036495 27 5/3/1996 BOS NA Development 75.96 199707110092420 3 7/11/1996 BOS NA Development 77.11 200004190280502 29 4/19/2000 BOS NA Development 78.79 199706250090048 3 6/25/1997 BOS NA Development 80.59 199704280082091 3 4/28/1997 BOS NA Development 85.41 A-11

199302240225632 3 2/24/1993 BOS NA Development 85.90 200205170478010 17 5/17/2002 BOS NA Development 86.83 199610070057309 3 10/7/1996 BOS NA Development 91.19 200312120162344 30 12/12/2003 BOS NA Development 91.37 200608070067948 34 8/7/2006 BOS NA Development 91.79 200101170336553 3 1/17/2001 BOS NA Development 93.23 199908110232590 29 8/11/1999 BOS NA Development 94.76 200201100436142 30 1/10/2002 BOS NA Development 95.53 199403160110524 24 3/16/1994 BOS NA Development 97.39 200012060328794 3 12/6/2000 BOS NA Development 97.43 199702040071372 1 2/4/1997 BOS NA Development 99.84 199410200147423 4 10/20/1994 BOS NA Development 100.05 199509280010732 3 9/28/1995 BOS NA Development 100.10 200010030315130 4 10/3/2000 BOS NA Development 100.24 200412200136279 1 12/20/2004 BOS NA Development 100.32 200408300092039 1 8/30/2004 BOS NA Development 100.35 199404220349686 4 4/22/1994 BOS NA Development 100.44 199903260202714 28 3/26/1999 BOS NA Development 101.52 199706090087859 4 6/9/1997 BOS NA Development 101.54 199411210331699 3 11/21/1994 BOS NA Development 102.08 199608050048500 4 8/5/1996 BOS NA Development 102.54 200209060513472 4 9/6/2002 BOS NA Development 102.77 201203290023202 30 3/29/2012 BOS NA Development 106.94 199307080208963 28 7/8/1993 BOS NA Development 107.25 199703140076448 4 3/14/1997 BOS NA Development 108.26 200204120466614 32 4/12/2002 BOS NA Development 109.39 201009200057252 33 9/20/2010 BOS NA Development 111.61 199012050367416 4 12/5/1990 BOS NA Development 112.58 199506220331141 3 6/22/1995 BOS NA Development 114.07 199912200258696 38 12/20/1999 BOS NA Development 120.96 200209060513559 41 9/6/2002 BOS NA Development 121.62 200409280105185 45 9/28/2004 BOS NA Development 121.85 199803030126488 4 3/3/1998 BOS NA Development 122.09 199206190293097 4 6/19/1992 BOS NA Development 122.48 198908150250881 1 8/15/1989 BOS NA Development 122.68 200110050408227 30 10/5/2001 BOS NA Development 122.71 200604050030529 31 4/5/2006 BOS NA Development 122.94 199405130374842 5 5/13/1994 BOS NA Development 124.43 A-12

199803200129516 5 3/20/1998 BOS NA Development 126.09 200103150349046 7 3/15/2001 BOS NA Development 126.29 199205070183417 4 5/7/1992 BOS NA Development 127.08 200711070079466 4 11/7/2007 BOS NA Development 130.52 200907280051253 28 7/28/2009 BOS NA Development 132.40 200009130310938 85 9/13/2000 BOS NA Development 132.47 199811250178341 6 11/25/1998 BOS NA Development 132.81 200204170467825 83 4/17/2002 BOS NA Development 133.36 198709140196825 2 9/14/1987 BOS NA Development 142.12 200406160060997 42 6/16/2004 BOS NA Development 146.84 201301150004427 27 1/15/2013 BOS NA Development 149.15 200701220005767 22 1/22/2007 BOS NA Development 150.74 199809220165180 6 9/22/1998 BOS NA Development 151.79 200306270080829 21 6/27/2003 BOS NA Development 154.13 200311200154080 19 11/20/2003 BOS NA Development 156.46 199710030104857 6 10/3/1997 BOS NA Development 157.07 200012280332725 21 12/28/2000 BOS NA Development 163.97 200301070557147 3 1/7/2003 BOS NA Development 166.78 200203130455433 6 3/13/2002 BOS NA Development 167.71 200312310167953 68 12/31/2003 BOS NA Development 171.68 200210250531802 5 10/25/2002 BOS NA Development 172.29 200010100316431 7 10/10/2000 BOS NA Development 174.07 201205020032869 1 5/2/2012 BOS NA Development 176.30 199711240111926 8 11/24/1997 BOS NA Development 176.44 200503210028336 6 3/21/2005 BOS NA Development 178.10 200508160091139 81 8/16/2005 BOS NA Development 181.33 200504220040903 67 4/22/2005 BOS NA Development 192.87 199801260120731 8 1/26/1998 BOS NA Development 199.86 200008160304764 7 8/16/2000 BOS NA Development 202.95 199408020352838 7 8/2/1994 BOS NA Development 206.56 200411020117071 25 11/2/2004 BOS NA Development 207.05 199701220069654 9 1/22/1997 BOS NA Development 210.46 200209120515632 9 9/12/2002 BOS NA Development 221.69 199907020224399 9 7/2/1999 BOS NA Development 224.99 200610190089022 26 10/19/2006 BOS NA Development 240.57 199508230006277 10 8/23/1995 BOS NA Development 243.09 199804150134448 10 4/15/1998 BOS NA Development 250.65 199512110019556 10 12/11/1995 BOS NA Development 250.66 A-13

200602140014166 4 2/14/2006 BOS NA Development 274.77 199703110075975 13 3/11/1997 BOS NA Development 292.15 200603280027461 4 3/28/2006 BOS NA Development 313.30 199304080118420 10 4/8/1993 BOS NA Development 349.08 200705230038795 11 5/23/2007 BOS NA Development 349.35 200411220125069 90 11/22/2004 BOS NA Development 365.71 198811230290653 11 11/23/1988 BOS NA Development 409.65 199902260196548 8 2/26/1999 BOS NA Development 415.33 200209170516842 18 9/17/2002 BOS NA Development 463.56 199703310078454 12 3/31/1997 BOS NA Development 514.13 199605240039217 30 5/24/1995 BOS NA Development 730.55 200204100465531 32 4/10/2002 BOS NA Development 778.71 200402270017582 15 2/27/2004 BOS NA Development 830.09 200509300111511 17 9/30/2005 BOS NA Development 865.62 Easements held or co held by land trusts other than Loudoun County Easement Number # of Parcels in Easement Recordation Holder Co Holder Easement Type Acreage 200512300145878 1 12/30/2005 Appalachian Trail Conference NA Gift/ 3rd Party 60.06 200404260039966 6 4/26/2004 Appalachian Trail Conference NA Gift/ 3rd Party 306.76 200512280144237 1 12/28/2005 Appalachian Trail Conservancy NA Gift/ 3rd Party 41.26 200611280098568 1 11/28/2006 Appalachian Trail Conservancy NA Gift/ 3rd Party 54.05 200511180130949 2 11/18/2005 Appalachian Trail Conservancy NA Gift/ 3rd Party 432.88 200212300554450 1 12/30/2002 Land Trust of Virginia NA Gift/ 3rd Party 1.01 200212310555383 1 12/31/2002 Land Trust of Virginia NA Gift/ 3rd Party 2.34 200812160072665 1 12/16/2008 Land Trust of Virginia NA Gift/ 3rd Party 2.68 200511280133093 1 11/28/2005 Land Trust of Virginia NA Gift/ 3rd Party 3.57 200612040100693 1 12/4/2006 Land Trust of Virginia NA Gift/ 3rd Party 4.96 200212310555166 1 12/31/2002 Land Trust of Virginia NA Gift/ 3rd Party 6.55 200012270332498 1 12/27/2000 Land Trust of Virginia NA Gift/ 3rd Party 9.35 200611060093951 1 11/6/2006 Land Trust of Virginia NA Gift/ 3rd Party 10.00 200112030424399 1 12/3/2001 Land Trust of Virginia NA Gift/ 3rd Party 15.30 200210230531233 3 10/23/2002 Land Trust of Virginia NA Gift/ 3rd Party 16.56 200606220054825 1 6/22/2006 Land Trust of Virginia NA Gift/ 3rd Party 19.44 200611300099283 1 11/30/2006 Land Trust of Virginia NA Gift/ 3rd Party 19.71 200710090072754 5 10/9/2007 Land Trust of Virginia NA Gift/ 3rd Party 21.96 200607170061466 1 7/17/2006 Land Trust of Virginia NA Gift/ 3rd Party 22.08 200208060503473 1 8/6/2002 Land Trust of Virginia NA Gift/ 3rd Party 25.41 A-14