8.16 Permanent Protection of Conservation Lands

(a) Conservation Easement. All conservation land shall be permanently restricted from future development by a conservation easement or other method of protection and preservation acceptable to the Town. Under no circumstances shall any development be permitted in the conservation land at any time, except for those permitted or conditional uses listed herein and approved in conjunction with the Conservation Subdivision. All conservation easements, or other acceptable method of protection and preservation of the conservation land within a Conservation Subdivision, shall be approved by the Town and recorded prior to or concurrent with the recording of the final plat for the Conservation Subdivision. (b) Terms and Conditions. All conservation easements, or other acceptable method of protection and preservation of the conservation land within a Conservation Subdivision, shall be in substantially the same form as the standard conservation easement form provided by the Town and shall include, at a minimum, the following terms and/or conditions: (1) legal description of the easement; (2) description of the current use and condition of the property; (3) permanent duration of easement; (4) permitted and conditional uses; (5) prohibited development and/or uses; (6) maintenance responsibilities and duties; and (7) enforcement rights and procedures. (c) Grantee. Unless otherwise approved by the Town, the grantee of a conservation easement shall consist of one of the following acceptable entities which entity shall be qualified to maintain and enforce such conservation easement: land trust, conservation organization or governmental entity. The Town may, but shall not be required to, accept, as grantee, a Conservation Easement encumbering conservation lands within a Conservation Subdivision, provided there is no cost of acquisition to the Town for the easement and sufficient access to and maintenance responsibilities regarding the conservation land are provided.