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014 <br />2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT <br />The term "Agritourism" shall be broadly defined to mean those farming activities <br />and traditional rural activities that are carried out on at any agricultural location, <br />including horticultural and agribusiness operations, that allows members of the general <br />public, for recreational, entertainment, active involvement, or educational purposes, to <br />view or enjoy rural activities, including farming, ranching, historic, cultural, harvest - <br />your -own activities, or natural activities and attractions, or "Special Events" as defined <br />herein, that have minimal negative impacts upon the environment and the Conservation <br />Values of the Protected Property and are limited to "de minimis" access to and uses of the <br />Protected Property. An activity is an agritourism activity whether or not the participant <br />paid to participate in the activity. <br />The term "Special Events" shall be broadly defined to mean a one -time or <br />infrequently occurring event outside normal "Agritourism" programs or activities that <br />provides for an agriculturally based leisure, social or cultural experience outside the <br />normal range of agritourism choices or beyond the everyday agricultural experience such <br />as but not limited to: seasonal festivals, harvest celebrations, field days, square dances, <br />and the like. In no event shall "Special Events" exist on the Protected Property for more <br />than seven (7) days per twelve (12) month period nor exist in a manner that negatively <br />impacts the soils or Conservation Values. Any parking associated with such events shall <br />be located within the Farmstead Areas and /or existing farm roads as depicted in Exhibit <br />B. <br />3.4 Procedure to Construct Buildings and Other Improvements. The Grantor's rights to <br />construct or reconstruct /repair buildings and other improvements are described in <br />subparagraphs (a) through (e) below. Any construction or reconstruction not permitted <br />below is prohibited. Before undertaking any construction or reconstruction that requires <br />advance permission, the Grantor shall notify the Grantee and obtain written permission. <br />All construction or reconstruction is subject to Orange County zoning regulations and <br />must be consistent with permits required by and issued by Orange County under <br />applicable laws and ordinances for such construction activities. Any building that may be <br />constructed under this section may be repaired and replaced. Nothing in this section or <br />agreement shall abridge the Grantor's zoning and permit exemptions as a "bona fide <br />farm" under NCGS 153A -340. <br />Grantor further understands that the two (2) percent maximum impervious surface <br />limit set by the USDA Farm and Ranch Lands Protection Program disallows the <br />construction of any new structures or impervious roads or other improvements to the <br />Protected Property or replacement of said structures that would increase the total <br />impervious surface area above the two percent maximum. All permanent construction <br />and /or placement upon the Protected Property of any impervious surface must be <br />approved in writing by the Grantee to ensure the maximum impervious limit is not <br />exceeded. <br />a) Fences — Existing fences may be repaired and replaced, and new fences may be <br />built on the Protected Property for purposes of reasonable and customary <br />7 <br />