HomeMy WebLinkAboutAgenda - 01-04-1993 - III-D O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 4, 1993
Agenda Abstract
Item # DIU-D
SUBJECT: VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION
PROPERTY OF STEWART AND JOSEPHINE BARBOUR
DEPARTMENT: Planning PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT:
Applications Planning Director X2592
Vicinity Map
Certifications PHONE NUMBERS:
- Soil Conservation Service Hillsborough 732-8181
- Tax Supervisor Mebane 227-2031
Staff Checklist Durham 688-7331
Draft Conservation Agreement Chapel Hill 967-9251
12/16/92 Minutes - Agricultural
Districts Advisory Board
PURPOSE: To consider the application of Stewart and Josephine
Barbour for designation of their property on St.
Mary's Road in Eno Township as a voluntary
agricultural district.
BACKGROUND: Section IV.D.2. of the Voluntary Farmland
Preservation Program Ordinance permits the
Agricultural Districts Advisory Board to review and
approve applications for qualifying farmland and
make recommendations concerning the establishment
and modification of agricultural districts. The
official designation of agricultural districts is
the responsibility of the Board of Commissioners.
Section V of the Voluntary Farmland Preservation
Program Ordinance contains the requirements for
inclusion in a voluntary agricultural district. To
be certified as qualifying farmland, a farm must:
1. Be participating in the farm present use-value
taxation program established by the N.C.
General Statutes, Sections 105-277.2 through
105-277.7, or is otherwise determined by the
County to meet all the qualifications of this
program set forth in the N.C. General Statutes,
Sections 105-277. 3 .
2
2 . Be certified by the Soil Conservation Service
of the United States Department of Agriculture
as being a farm on which at least two-thirds of
the land is composed of soils that:
a. Are best suited for providing food, seed,
fiber, forage, timber, and oil seed crops;
b. Have good soil qualities;
c. Are favorable for all major crops common
to Orange County;
d. Have a favorable growing season; and
e. Receive the available moisture needed to
produce high yields for an average of
eight (8) out of ten (10) years;
OR be one on which at least two-thirds of the
land has been actively used in agricultural,
horticultural or forestry operations as defined
in the N.C. General Statutes, Section 105-277.2
(1,2, and 3) ,. during each of the five (5)
previous years, measured from the date on which
the determination must be made as to whether
the land in question qualifies.
3. Be managed, if highly erodible land exists on
the farm, in accordance with the Soil
Conservation Service defined erosion-control
practices as specified in the 1985 Food
Security Act.
The Orange Soil & Water Conservation District Office
and the Tax Supervisor have provided memoranda
which indicate that the Barbour property
complies with the above requirements. In addition,
the property is comprised of one tract, totaling
150.5 acres. Thus, the acreage requirement of
Section V.B. 1.a. is satisfied, since the farm
consists of one tract containing at least 80
acres.
At its December 16, 1992 meeting, the Agricultural
Districts Advisory Board voted unanimously to
certify the Barbour property as qualifying farmland
and recommend its designation as a voluntary
agricultural district.
RECOMMENDATION: The Administration recommends that the property
of Stewart and Josephine Barbour be designated as a
voluntary agricultural district.
fd-17- 41"--r3 3
&al Orange County
Agricultural Districts Advisory Board
APPLICATION FOR CERTIFICATION AS QUALIFYING FARMLAND
AND DESIGNATION AS AN ORANGE COUNTY
VOLUNTARY AGRICULTURAL DISTRICT
INSTRUCTIONS: Before completing the application, please review the provisions of the Orange County Voluntary Farmland
Preservation Program Ordinance, then fill out the form as accurately and completely as possible. Be sure to
sign and date the form, and return it to the Orange County Planning &Inspections Department, 306F Revere
Road, Hillsborough, N.C.
APPLICANT: r'
Name: 6"— 7.1 r`W\
Address: () IAA
l _ 1
City: JL f� \ State: [/ ( ZIP Code: 1
Phone Number:(Home) �� 1 l� L(Work) �^r4
c� >c, cW >
PROPERTY INFORMATION: L Property Location/Address: 0.f\,\, `
�^^�' J' 0✓\ JAR, J ,
Township: /`",-\-- :J Tax Map: J L/ Block: Lot: /
Parcel Identification Number [PIN]: ` --3 (7 ` 1 3 3
I y'7 3, ' 09—
Number of Acres: I (� ` Deed Book: 11`75`, Page: 14c,,,3S
Does this land have a plan on file with the Soil Conservation Service or U.S. Forest Service?
Yes: j ( S No: If "no", please complete back of form.
Tc this land listed fer farm recant noe-v .iue t=�otinn with the. Orange Co'mty T_.: Office?
rn-'---^- �-- ..._ ----ate ...,_. ^v -
Yes: `'c E S No: If "no", please complete back of form.
OWNER[S] CERTIFICATION:
I [We], the applicant[s], hereby certify that, to the best of my [our] ability, the foregoing
application is complete and accurate.
Signature: S G , / JriDate:
VV`-
Signature: � EciAl--et-cc,l pate: A-7.
Please direct inquiries to:
Orange Soil&Water Conservation District
Cooperative Extension Service
Orange County Planning&Inspections Department
Hillsborough 732-8I81.Chapel Hill 967-9251•Durham 688-7031*Mekme 227-2031
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56-415:1
ORANGE COUNTY TAX SUPERVISOR'S OFFICE s)
208 SOUTH CAMERON STREET
HILLSBOROUGH, NORTH CAROLINA 27278
KERMII LLOYD
Mx,Supr r,nur
TO: Marvin Collins , Planning Director
FROM: Kermit Lloyd , Assessor
SUBJECT: Application for Certification as Qualifying
Farmland
Stewart G. Barbour, Map Ref 5 .14 . . 6
DATE : November 17 , 1992
This is to verify that the above referenced property is
qualified and currently active in the Land Use Value taxation
program.
I'I
6
United States Soil P.0. Box .8a 83 .
Department of Conservation
Hillsborough, NC 27278
Agriculture Service 732-8181 , Ext. 2751
November 30, 1992
TO: Marvi Collins, Orange County Planning Director
FROM: Greg Walker, SCS District Conservationist
SUBJECT: Stewart and Josephine Barbour - Certification as
Qualifying Farmland
Enclosed is certification for Stewart and Josephine Barbour as
qualifying farmland for the Orange County Voluntary Agricultural
Districts. A conservation plan was developed and signed by
Stewart Barbour on the open -land on the tract. This plan is on
file in the office.
Enclosure
•
O The Soil Conservation Service
'is an agency of the
Department of Agriculture
•
p44:)-4=g3
}<<�� United States Soil 1-3
Department of Conservation
%/ Agriculture Service -
FN1548 Stewart Barbour
T1715
This report 'serves to document how the proposed farm
qualifies for acceptance into the Voluntary Agricultural
Districts in Orange County .
•
1 . Two-thirds of the soils on the farm must:
a. Be suited for providing food , seed , fiber , forage ,
timber and oil seed crops .
yes x i 100%
no
Comments :
b . Have good soil qualities .
yes x -
no
Breakdown of soil classes in percent:
Class I 0 Classes I , II , III are
Class II r+0 primarily used for- cropland .
Class III 46
Class IV 0.3 Classes IIIVI are generally
Class V 0 best suited for pasture or
Class VI 0 woodland .
Class VIII 0
Class VIII generally unsuited
for agricultural use .
Comments : Cp - Congaree (4%) is Class I Iw
Ch - Chewacla (7%) is Class Illw
These soils may have hydric inclusions (w - wetness) .
c . Be favorable for all major crops common to Orange
County . Major crops are corn , tobacco , small grain ,
pasture , loblolly pines .
100 / favorable Y. unfavorable
OThe Soil Conservation Service
is an agency of the
Department of Agriculture
•
8
Page 2
d . Have favorable growing season . (YES)
The growing season for Orange Counter is approximately
200 days . It begins in approximately the second week
of April and runs until about the last week in
•
October. This response will be consistent for all
farms in Orange County .
e . Receive the available -moisture needed to produce high
yields for an average .of 8 to 10 years .
Orange County receives approximately 42 — 45 inches
rainfall annually. This response will be consistent
for all farms in Orange County .
•
0 R
At least two—thirds of the- land has been actively used in
agriculture , horticultural or forestry operations as defined
in the NC General Statutes, Section 105-277.2 (1 ,2, and 3)
during each of the five previous years, measured from the
date on which the determination must be made as to whether
the land in question qualifies .
Acres in cropland 45
Acres in forestland 1101
Acres in homestead ,
farmstead or other
related use 4
Total TRACT Acres 150
Greater than two—thirds in designated uses . .
Yes x
No
•
Comments :
p - __473
9
Page 3
2. Farm must be managed , if highly erodible land exists on
the farm, in accordance with the USDA, Soil Conservation
Service (SCS) defined erosion—control practices as specified
in the 1985 Food Security Act.
Plan on file in SCS Office YES x NO
•
If No , plan will be required before acceptance into the
Voluntary Agricultural Districts Program.
•
Comments :
Plan developed on November 13, 1992. Sent out on
November 16, 1992 for signatures. The plan will be
approved at the December meeting of the Orange Soil
and Water Conservation District;
•
ICI
II
If
10
CALCULATION OF SOIL TYPES BY ACREAGE
FARM: Barbour Property
TOWNSHIP: Eno
Soil Acres Percent Acres
Symbol Soil Series [by Planimeter] of Total [by Tax Map]
HrB Herndon 12 .30 8 .2% 55 .86
GeB Georgeville 48 . 16 32 .0% 218.71
GeC Georgeville 28 .69 19.0% 130.29
TaD Tatum 40.47 26.9% 183 .78
TaE Tatum 0.51 0.3% 2.32
Ch Chewacla 10.75 7.1% 48.82
Cp Congaree 5.64 3. 7% 25. 61
W Water 4 . 10 2 .7% 18. 62
0.0% 0:00
0.0% 0.00
0.0% 0.00
0.0% 0.00
0.0% 0 .00
0.0% 0. 00
0. 0% 0.00
Totals 150.62 100.0% 150 .50
Reference: Soil Survey of Orange County, NC
USDA, Soil Conservation Service
i
11
Orange County
Agricultural Districts Advisory Board
STAFF CHECKLIST FOR
VOLUNTARY AGRICULTURAL DISTRICT SELECTION
Date Application Received: 281 9 2,
APPLICANT NAME: `-1-e—.r ' Uo 6@r'boct.ur—
PROPERTY INFORMATION:
•
" � I 1 t
•Property Location/Address. 2 a'b 3 5�' Y�Ck ri-f g 044.8 h t\`56bro ue� , \�'. z:72.78
'Township: .lncD 5 Tax Map: 14 GBlock: Lot: 1 k
•Parcel Identification Number [PIN]: '1 g 7b— 1 E
*Number of Acres: 16U 5 a Deed Book: t-74 Page: 21 a
T-4 7
CERTIFICATION CRITERIA REVIEW: t 1,2 S t 5
•Meets acreage requirements of: $p G
[1] One farm containing at least 135-contiguous acres; OR
Yes: No: Initials: T (' Date; 11 121 et Z
[2] Two or more contiguous farms containing at least 155 acres.
Yes: No: Initials: Date:
*Participating in farm present use-value taxation program.
Yes: ✓ No: Initials: trrI CL Date: 1 t f I /9 Z
•Certified by Soil Conservation Service as to land suitability.
Yes: �/ No: Initials:. f'a C- Date: (l / d/9 Z.
*Managed in accordance with SCS defined erosion control practices. - N
Yes: \/ No: Initials: `- c C Date: U. /3 6 f
CERTIFICATION/DESIGNATION ACTION:
• Date
7
•Application reviewed for completeness.
� 21 2...
• •Application forwarded to
-Tax Supervisor's Office. 1 1 71,'2./9. Z-
• -Soil Conservation Service. 1 1/l2-/ Ct z
*Evaluation received from
-Tax Supervisor's Office. 1 t A71,9 Z
-Soil Conservation Service. 1 LACE 19 2_
'Application presented to Agricultural Advisory Board.
• [1] Qualifying farmland certification approved. Yes: No:
• Reason:
[2] Recommendation for district designation approved. Yes:_No:
Reason:
•Application presented to Board of Commissioners.
[1] Agricultural district designation approved. Yes: No: •
Reason:
[2] Conservation agreement form/content approved.Yes: No:
Reason: _
•Conservation agreement signed/recorded.
*Agricultural district identified in Land Records System.
'Agricultural district identified on Tax Map.
•Agricultural district sign[s] posted.
laid ,v-e e5-A,4.i4-44.1a ,4ti.(`,-
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/0417 /-47- 23
AGRICULTURAL CONSERVATION AGREEMENT
TJIIS AGRICULTURAL CONSERVATION AGREEMENT ("Agreement") is made this
R6
`tfL day of (Th,u ,ru , 1993 , by Stewart G. Barbour and
Josephine H. Barbour, husWand and wife, ("Grantors") , and between Orange
County, a North Carolina unit of local government ( "Grantee") .
WITNESSETH:
WHEREAS, the Grantors are the sole owners in fee simple of certain
real property in Orange. County, North Carolina, more particularly described
in Exhibit A attached hereto and incorporated by this reference (the
"Property") ; and
WHEREAS, the Property possesses conservation values of great
importance to the Grantors, the people of Orange County, and the people of
the State of North Carolina; and
WHEREAS, Grantors intend that the conservation values of the Property
be preserved and maintained by the continuation of land use patterns,
including, without limitation, those related to agriculture use existing at
the time of this Agreement, that do not significantly impair or interfere
with those values; and
WHEREAS, Grantee is a North Carolina unit of local government seeking
to preserve and protect land in its agricultural condition pursuant to the
laws of the State of North Carolina, and, in particular, by the Farmland
Preservation Enabling Act (Chapter 106 , Article 61) and by the Historic
Preservation and Conservation Agreements Act (Chapter 121, Article 4) of
the North Carolina General Statutes, and pursuant to the Orange County
Voluntary Farmland Preservation Program Ordinance; and
WHEREAS, the Orange County Agricultural Districts Advisory Board
("Board") certified the Property as qualifying farmland pursuant to the
Orange County Voluntary Farmland Preservation Program Ordinance on December
16, 1992 ; and
WHEREAS, the Orange County Board of Commissioners designated the
Property as a Voluntary Agricultural District ("District") pursuant to the
Orange County Voluntary Farmland Preservation Program Ordinance on January
4, 1993 ;
NOW, THEREFORE, in consideration of the above and the mutual
covenants, terms, conditions, and restrictions contained herein, Grantors
hereby voluntarily agree to preserve and protect the conservation values of
the Property for a period not to exceed ten (10) years from the date of
this Agreement.
1. Purpose. It is the purpose of this Agreement to assure that the
Property will be retained in agricultural use and to prevent any use
of the Property that will significantly impair or interfere with the
conservation values of the Property. For the purposes of this
Agreement, "agricultural use" " is defined as cultivation of soil for
per / —923
13
production of crops, including but not limited to fruits, vegetables,
flowers, and ornamental plants, the planting and production of trees
and timber, and the raising of livestock, for individual and public
use, consumption, and marketing. Grantors intend that this
Agreement will confine the use of the Property to such activities
as are consistent with the purpose of this Agreement.
2 . Rights of Grantee. To accomplish the purpose of this Agreement, the
following rights are conveyed to Grantee by this Agreement:
(a) As provided in and subject to the limitations contained in this
Agreement, Grantors shall preserve and protect the conservation
values of the Property by limiting its use to agricultural use as
defined in this Agreement; and
(b) To enter upon the Property at reasonable times in order to
monitor Grantors' compliance with the terms of this Agreement;
provided, however, that such entry shall be upon prior reasonable
notice to Grantors, and Grantee shall not unreasonably interfere
with Grantors' use and quite enjoyment of the Property.
3 . Rights of Grantor. Grantors reserve to themselves, and to their
personal representatives, heirs, successors, and assigns, all rights
accruing from their ownership of the Property, including the right to
engage in or permit or invite others to engage in all uses of the
Property that are not expressly prohibited herein and are not
inconsistent with the purpose of this Agreement.
In addition to the foregoing and to accomplish the purpose of this
Agreement, the following rights are conveyed to Grantors:
(a) To have a sign identifying the existence of the District erected
on each major public road providing access to the Property;
(b) To have water and/or sewer assessments held in abeyance,
without interest, until improvements on the Property are
connected to the water and/or sewer systems of the Grantee;
including the right to decide when it is necessary to connect
such improvements to the water and/or sewer systems of the
Grantee;
(c) To have the Grantee, through its Land Records System, provide a
notice reasonably calculated to alert a person researching the
title of a particular tract that such tract is located within
one-half mile of the Property;
(d) Upon notice to the Board that a State or local public agency or
governmental unit, including the Grantee, will formally initiate
action to condemn any interest in the Property, the Board or its
authorized representative shall hold a public hearing on the
proposed condemnation; and
(e) To have the Grantee take into account the existence and terms of
this Agreement, and the provisions of N.C. General Statute 153A-
14
340 in land use planning decisions and ordinances affecting the
Property as well as parcels of land adjacent thereto.
4 . Prohibited Uses. Any activity on or use of the Property inconsistent
with the purpose of this Agreement is prohibited; provided, however,
from and after the date of this Agreement, the creation of no more
than three (3) lots that meet applicable zoning and/or subdivision
regulations is permitted.
5. Access. No right of access by the general public to any portion of
the Property is conveyed by this Agreement.
6. Grantee's Remedies. If Grantee determines that Grantors no longer
meet the criteria necessary for certification as qualifying farmland
and designation as a District, Grantee shall give written notice to
Grantors of such non-compliance. Grantors may take corrective action
sufficient to bring the Property into compliance or may seek to
extinguish the terms of this Agreement pursuant to paragraph 7.
7. Revocation. By written notice to the Grantee, the Grantor may revoke
this Agreement as provided for by Section VI of the Orange County
Voluntary Farmland Preservation Program Ordinance and by N.C. General
Statute 106-737. 1 (Farmland Preservation Enabling Act) . A record of
the revocation shall be recorded in the Orange County Register of
Deeds and shall result in loss of eligibility to participate in a
voluntary agricultural district and the benefits thereof.
8. Condemnation. If the Property is taken, in whole or in part, by
exercise of the power of eminent domain, Grantor shall be entitled to
compensation in accordance with applicable law.
9. Costs and Liabilities. Grantors retain all responsibilities and shall
bear all costs and liabilities of any kind related to the ownership,
operation, upkeep, and maintenance of the Property._Grantors shall
hold harmless Grantee and its Board of Commissioner members,
directors, officers, employees, agents, and contractors and the heirs,
personal representatives, successors, and assigns of each of them
(collectively "Indemnified Parties") from and against all liabilities,
penalties, costs, losses, damages, expenses, causes of action, claims,
demands, or judgments, including, without limitation, reasonable
attorneys' fees, arising from or in any way connected with:
(1) Injury to or the death of any person, or physical damage to
any property, resulting from any act, omission, condition,
or other matter related to or occurring on or about the
Property, regardless of cause, unless due solely to the
negligence of any of the Indemnified Parties;
(2) The obligations specified in paragraph 9; and
(3) The existence or administration of this Agreement.
10. Amendment. If circumstances arise under which an amendment to or
modification of this Agreement would be appropriate, Grantors and
15
Grantee are free to jointly amend this Agreement. Any such amendment
shall be recorded in the Orange County Register of Deeds.
11. Transfers. Grantors agree to give written notice to Grantee of the
transfer of any interest at least ten (10) days prior to the date of
such transfer. The failure of Grantors to perform any act required by
this paragraph shall not impair the validity of this Agreement.
12. Notices. Any notice, request or communication that either party
desires or is required to give to the other shall be in writing and
either served personally or sent by first class mail, postage prepaid,
addressed as follows:
To Grantors: Stewart G. Barbour
Josephine H. Barbour
2303 St. Mary's Road
Hillsborough, North Carolina 27278
To Grantee: Orange County
c/o Beverly Blythe, Clerk to the
Board of County Commissioners
P.O. Box 8181
Hillsborough, North Carolina 27278
or to such other address as either party from time to time shall
designate by written notice to the other.
13 . Recordation. Grantee shall record this instrument in timely fashion
in the Orange County Register of Deeds and may re-record it at any
time as may be required to preserve its rights in this Agreement.
14. General Provisions.
(a) Controllinct Law. The interpretation and performance of this
Agreement shall be governed by the laws of the State of North
Carolina and, in particular, by the Farmland Preservation
Enabling Act (Chapter 106, Article 61) and by the Historic
Preservation and Conservation Agreements Act (Chapter 121,
Article 4) of the North Carolina General Statutes, and by the
Orange County Voluntary Farmland Preservation Program Ordinance.
(b) Liberal Construction. Any general rule of construction to the
contrary notwithstanding, this Agreement shall be liberally
construed in favor of the grant to effect the purpose of this
Agreement. If any provision in this instrument is found to be
ambiguous, an interpretation consistent with the purpose of this
Agreement that would render the provision valid shall be favored
over any interpretation that would render it invalid.
(c) Separability. If any provision of this Agreement, or the
application thereof to any person or circumstance, is found to be
invalid, the remainder of the provisions of this Agreement, or
the application of such provision to persons or circumstances
other than those as to which it is found to be invalid, as the
case may be, shall not be affected thereby.
16
(d) No forfeiture. Nothing contained herein will result in a
forfeiture or reversion of Grantor's title in any respect.
(e) Joint Obligation. The obligations imposed by this Agreement upon
Grantors shall be joint and several.
The burdens of this Agricultural Conservation Agreement shall run with
the Property and shall be enforceable against the Grantor and all
future parties who have an interest in the Property for the term of the
Agreement.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns, this
Agricultural Conservation Agreement together with all and singular the
appurtenances and privileges belonging or in any way pertaining thereto.
IN WITNESS WHEREOF Grantors have set their hands and seals and Grantee
has caused this instrument to be executed in its corporate name by its duly
authorized officers and its seal affixed by authority of its Board of
Commissioners, all on the day and year first above written.
GRANTORS:
(SEAL)
Stewart G. Barbour
(SEAL)
Josephine H. Barbour
GRANTEE:
BY:
Moses Carey, Chair
Orange County Board of Commissioners
Attest:
Beverly Blythe, Clerk to the
Orange County Board of Commissioners
P l- S3
(d) No forfeiture. Nothing contained herein will result in a
forfeiture or reversion of Grantor's title in any respect.
(e) Joint Obligation. The obligations imposed by this Agreement upon
Grantors shall be joint and several.
The burdens of this Agricultural Conservation Agreement shall run with
the Property and shall be enforceable against the Grantor and all
future parties who have an interest in the Property for the term of the
Agreement.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns, this
Agricultural Conservation Agreement together with all and singular the
appurtenances and privileges belonging or in any way pertaining thereto.
IN WITNESS WHEREOF Grantors have set their hands and seals and Grantee
has caused this instrument -to -be executed in its corporate name by its duly
authorized officers and its seal affixed by authority of its Board of
Commissioners, all on the day and year first above written.
GRANTOR E:
c a-A./ V/�
Stewart G. Barbour
,�t, ���•�uv (SEAL)
"Josephine H. Barbour
GRANTEE:
BY: A
Moses Carey, , .rr
Orange County Board o ' Commissioners
Attest: /
/
:everly B/rhe, Cler o the
Orange County Board of Commissioners
III
p74-1 - Jsq3
-35
State of North Carolina
ORANGE COUNTY
I, the undersigned, a Notary Public in and for the said
State and County, do hereby certify that Stewart G. Barbour and
Josephine H. Barbour personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and notarial seal this the g -K, day of
7a/A-U.41 , 19 q3
/4--ei 1an-
Notary Public
My Commission Expires:
State of North Carolina
ORANGE COUNTY
I, the undersigned, a Notary Public in and for the said
State and County, do hereby certify that Beverly A. Blythe personally
appeared before me this day and acknowledged that she is Clerk to the Board
of Commissioners of Orange County, and that by authority duly given am, as
the act of Orange County, the foregoing instrument signed in its name by
Moses Carey, Jr. , Chairman, Orange County Board of Commissioners, sealed
with its official seal, and attested by herself as its Clerk.
„� //JJ WITNESS my hand and notarial seal this the Jr day of
t�Yj2 c- , 19 y3 .
Notary Public
My Commission Expires:
PA-F-- /4--'7 3
19
a. Barbour Property - Qualifying Farmland Certification &
Voluntary Agricultural District Designation
Presentation by Marvin Collins.
This item is to consider the application of Stewart and
Josephine Barbour for certification of their property on St.
Mary's Road in Eno Township as qualifying farmland and
designation as a voluntary agricultural district.
The abstract contained the requirements for inclusion in a
voluntary agricultural district.
Collins stated that the Orange Soil & Water Conservation
District Office and the Tax Supervisor have provided
memoranda which indicate that the Barbour property complies
with the requirements . In addition, the tract is comprised
of one tract, totaling 150.5 acres. Thus, the acreage
requirement is satisfied, since the farm consists of one
tract containing at least 80 acres.
Walker, SCS, stated that a conservation plan has been filed
and approved.
The Planning Director recommends that the property of Stewart
and Josephine Barbour be certified as qualifying farmland and
be recommended to the Board of Commissioners as a voluntary
agricultural district.
MOTION: Strayhorn moved approval of the recommendation made by the
Planning Director. Seconded by Stewart.
VOTE: Unanimous.
Collins reviewed the memo (addressed to Elizabeth Walters) ,
explaining the request to include the small tracts owned by
. Dunn and Scarlett in the "Walters" district. The two tracts
are surrounded by Walters property which is already a
Voluntary Agricultural District.
Collins also noted that an ordinance amendment could be
prepared and submitted for public hearing which, if approved,
would permit small tracts or lots, when surrounded by or
adjacent to farms, to be included in a voluntary agricultural
district.
Hunter stated that she felt the more land in a district, the
less conflict.
The Board agreed to have Collins prepare the ordinance
amendment for the January 6, 1992 meeting to be presented at
the February 22, 1993 quarterly hearing.
(A copy of the referenced memo is an attachment to these
minutes on page . )
,II