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HomeMy WebLinkAboutAPB agenda 041702COUNTY OF ORANGE ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Agricultural Preservation Board From: David Stancil, ERC Director Date: April 9, 2002 Re: April 17 Meeting Agenda Please find attached the agenda for our next meeting, scheduled for: Wednesday, April 17, 2002 7:30 p.m. Conference Room Planning and Agricultural Center 306 Revere Road Hillsborough, NC Due to lack of quorum at the March meeting, this agenda is essentially identical with a few additions. Please bring your March agenda packet with you, as the materials will be used. Please contact Carol Melton (245 -2597) by Tuesday, April 16, if you will be unable to attend (or if you need another March agenda packet). Copies: Diane Reid, Economic Development Director Fletcher Barber, CES County Director Brent Bogue, District Conservationist Rich Shaw, Land Conservation Manager Mike Lanier, Ag Economic Development Specialist AGENDA COUNTY OF ORANGE AGRICULTURAL, PRESERVATION BOARD Time Pate PLANNING AND AGRICULTURAL CENTER Conference Room 306 Revere Road HILLSBOROUGH, NORTH CAROLINA Wednesday, April 17, 2002 7:30 p.m. AGENDA ITEM 7:30 1. CALL TO ORDER 7:30 2. CONSIDERATION OF ADDITIONS TO AGENDA 7:31 02 3. APPROVAL OF MINUTES — February 20, 2002 * *(Bring previous agenda packet - materials will be used) 7:35 07 4. ITEMS FOR DECISION a. Annual Chair and Vice -Chair Elections (3/20 packet) b. Voluntary Agricultural District Application -Don . Johnson Farm (Attachment #1 — page 1) c. Recommendation on Triangle GreenPrint (3/20 packet) 8:45 25 5. ITEMS FOR DISCUSSION a. Review of Voluntary Agricultural District Application — Lee Miller Farm b. VFPP Update — Draft (Attachment #2 — page 21) c. Capital Investment Plan 2002 - 2012 /Lands Legacy (Attachment #3 — page 35) d. Orange County 250th Celebration 8:55 6 INFORMATIONAL ITEMS a. See previous items b. Conservation Easement Workshops c. Meeting Summary March 20 (approval not required, no quorum. Attachment #4 — page 41) 9:00 6. ADJOURNMENT Attachment #1 Orange County Environment and Resource Conservation .'Department MEMORANDUM To: Agricultural Preservation Board From: Tina Moon, Land Use /Preservation Planner Date: March 20, 2002 Subject: Bacon - Johnson Voluntary Agricultural District Application Copies: David Stancil, ERC Director In February, Don Johnson submitted an application to include a portion of the Bacon Family Limited Partnership property in the Voluntary Agricultural District (VAD) Program. Section V. of the Orange County Voluntary Farmland Preservation Program Ordinance (VFPPO) outlines the required application procedure. Once staff reviews the application for completeness, it is forwarded to the tax assessor and Natural Resources Conservation Service to ensure that the property meets specific criteria. Staff has received the attached memorandum certifying the Bacon property as farmland, eligible to participate in the VAD program. The next step in the process is for the Agricultural Preservation Board (APB) to consider the application based on the tax assessor and Conservation Service findings. Per the VFPPO, the APB reviews the materials and decides whether or not to prepare a recommendation to the Board of County Commissioners regarding the establishment of a voluntary agricultural district. The APB Chair will then notify the applicant of the Board's recommendation. Please review the attached supporting materials and VFPPO, and be prepared to consider this application for VAD status. Should the Agricultural Preservation Board decide to recommend that the Bacon property be designated as a VAD, ERCD staff will prepare the appropriate agenda materials for the BOCC. ERCD staff recommends that the 10 -acre tract (TMBL #5.12..15A) be excluded from the VAD since it is not contiguous with the larger acreage. y� 9 � t � (B ^7i \J '� 17 i R A 01ti Cato ORANGE COUNTY TAX OFFICE JOHN SMITH, Jr., CAE 200 SOUTH CAMERON STREET JO ROBERSON ASSESSOR F.O. BOX 8181 TAX COLLECTOR HILLSBOROUGH, NORTH CAROLINA 27278 TELEPHONE (919) 732 -8181. Ext. 2100. FAX 64.4 -3091 MEMORANDUM TO: Tina Moon FROM: Teresa Moore DATE: March 14, 2002 SUBJECT: Bacon Family Limited Partnership Our records indicate the Bacon Family Limited Partnership have three parcels'of land that actively participate in the present -use value program as agricultural classification. They have been participating in the program since 1981. If I can be of further assistance, please call me at extension 2108. S OIL & NVATE R C O N 8 E R V A T I 0 N Orange Soil & Water Conservation District Phone: 919- 732 -8181, Ext. 2750 Natural Resources Conservation Service Phone: 919 - 644 -1079, Ext. 3 • . w Q3 USDA PO Box 8181 306 Revere Road Hillsborough, NC 27278 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 % 99 NO % Comments: b. Have good soil qualities. YES X NO Breakdown of soil classes in percent: Class I Class II 120.1 Class III 47.9 Class IV Class V Class VI Class VIIs 1.2 Comments: Classes I. II, III are primarily used for cropland Classes III -VI are generally best suited for pasture or woodland. Class VII generally unsuited for agricultural use. c. Be favorable for all major crops common to Orange County. Major crops are corn, tobacco, small grain, pasture, and loblolly pines. 99 % favorable 1 % unfavorable J� 04 d. Have favorable growing season. (YES) The growing season for Orange County 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. (YES) Orange County receives approximately 42 -45 inches of rainfall annually. This response will be consistent for all farms in Orange County. X' At least two - thirds of the land has been actively used in agriculture, horticulture 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 Acres in forestland Acres in homestead, farmstead or other related use Total TRACT acres Greater than two- thirds in designated uses. Yes % No % Comments: 1. Farm must be managed, if highly erodible land exists on the farm, in accordance with the USDA Natural Resources Conservation Service (MRCS) defined erosion - control practices as specified in the 1985 Food Security Act as amended. Plan on file in NRCS Office YES X NO If NO, plan will be required before acceptance into the Voluntary Agricultural Districts Program. Comments: bdkmL Orange County Agricultural DISrI"1Cts Addison, 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 till out the form as accurately and completely as possible. Please sign and date the form, and return it to the Orange-County Environment and Resource Conservation Department, 306F Revere Road, Hillsborough, NC 27278 APPLICANT: 064141al 12/. - * -�i��'d� 17 � Name: M4. r' V G _ EA-CO A) S,4Co,� 0.nm ly � `^n T P Q�`�)tie %S�t. P Address: /Z 3 S % � ma T y,�y Rd City: 11^4u6� /j State: /UC Zip Code: J 7,� 7 Phone Number (Day): ` JU 2-2 ,� _ r.j vV(Evening)_ 7 J:2 - 3 2 Z rnr-5,&C,0 E -Mail .ti (° /ryl n�5'Pr,tlj'• C b PROPERTY INFORMATION: P ation/Address:_ 39e) 1 5 T_ mom. t-Y s f?d 10-310 JT Pwnship: —Tax Map: Block: Lot:_ / / 4-4041 '? Rine S Parcel Identification Number (PIN): I-LA C.-5$ 289,5'0 mor— i / Number of Acres: 72 /*�CX Deed Book: Q. o.2,::5 Page: .5S Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest Service? Yes: No: ! If "No ", please complete back of form Is this land listed for Present Use taxation with the Orange County Tax Office? Yes:—.---' 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] knowledge, the foregoing application is complete and accurate. Signature: l`72 Date: //1 7- z e&/ Signature: A&_141 h &Lzro Date: % % Please direct inquiries to: c% Orange County Environment and Resource Conservation Department 306F Revere Road Hillsborough, NC 27278 Hillsborough • 732 -8181 Chapel Hill • 967 -9251 Durham • 688 -7331 Mebane • 227 -2031 06 SUPPLEMENTARY INFORMATION: VOTE: Complete this information O_ 0 If you are NOT participating in the far►n present use taxation program; OR 0 If you do NOT have a plan on file with the Natural Resources Conservation Service or the NC Forest Service. 1. How long have you owned your farm? l2 y years 2. How long have you lived on your farm? ISM years 3. Has your farm exceeded $1,000 in gross income in each of the past three years? Yes No 4. 5. R How many acres on your farm are under cultivation'? 9b acres What are the major crops that you plant each year? How many acres on your farm are used for pasture? acres U 07 ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Brent Bogue, District Conservationist John Smith, Tax Supervisor From: Tina Moon, Land Use /Preservation Planner Date: February 14, 2002 Subject: Bacon Family Limited Partnership Application for Certification as Qualifying Farmland Please find attached the application of Donald N. Johnson and Mary G. Bacon of the Bacon Family Limited Partnership for Certification as Qualifying Farmland. Mr. Johnson submitted the form as part of the application process for the County's Voluntary Agricultural District Program. The property is listed for present -use taxation program but does not have a plan on file with the Natural Resources Conservation Service or North Carolina Forest Service. To secure such certification, a tract must: 1. Be participating in the present use -value taxation program established by the NC 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 NC General Statutes, Section 105- 277.3. [Response to be provided by Tax Supervisor] 2. Be certified by the Natural Resources Conservation Service of the United States Department of Agriculture (MRCS) 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 for agricultural, horticultural or forestry operations as defined in the NC General Statutes, Johnson Application for Certification as Qualifying Farmland Page 2 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 questions qualifies. [Response to be provided by District Conservationist] 3. Be managed, if highly erodible land exists on the farm, in accordance with the NRCS - defined erosion control practices as specified in the 1985 Food Security Act. [Response to be provided by District Conservationist] In accordance with Section V of the Orange County Voluntary Farmland Preservation Ordinance, you have 30 days within which to evaluate the application for compliance with the above requirements and return your finding to the Environment and Resource Conservation Department. In your response, please be as specific as you can be regarding how the property complies. Provided the property is certified as qualifying farmland, and the Advisory Board recommends designation as a voluntary agricultural district, the Board of Commissioners could consider the request in late April 2002. Please note that the proposed agricultural district is comprised of 3 tracts, totaling 170.64 acres. Thus, the acreage requirement is satisfied, since the farm consists of one tract, or two or more contiguous tracts containing at least 80 acres. I have included a vicinity map showing the boundaries of the property and a tabulation of acreage by soil type. You may wish to refer to these in completing your review. Thank you for your assistance in this matter. If I can provide additional information, please contact me at extension 2583. /tm attachments cc: David Stancil, Environment and Resource Conservation Director 09 BACON PROPERTY SOIL ANALYSIS Soil Type Description 5.12..11 5.12..15A 5.12..17 Total Acreage Ch Chewacla loam 10.3 6.5 16.8 WxF Wilkes gravelly loam, 15 -45 percent slopes 1.2 1.2 TaD Tatum silt loam, 8 to 15 percent slopes 1.0 1.0 EnB Enon loam, 2 to 6 percent slopes 0.1 0.1 HrC Herndon silt loam, 6 to 10 percent slopes 21.0 0.1 8.9 30.0 A B Appling sandy loam, 2 to 6 percent slopes 27.4 32.5 59.9 HrB Herdon silt loam, 2 to 6 percent slopes 1.3 16.8 18.1 GeB Geor eville silt loam, 2 to 6 percent slopes 8.4 8.1 16.5 A C Appling sandy loam, 6 to 10 percent slopes 0.4 1.5 11.2 13.1 HeB Helena sandy loam, 2 to 6 percent slopes 8.7 3.8 12.5 w Water Totals 69.1 10 1 90.1 +/- 169.2 10 N Scale 1 inch = 800 feet Bacon Family Limited Property Soils Analysis TMBL 5.12..11 5.12..15A 5.12..17 Total Acreage 170.64 FA - - 7���Unl Orange County ERCD February 2002 B. Young 11 Orange County Agricultural. Districts Advisory Board STAFF CHECKLIST FOR VOLUNTARY AGRICULTURAL DISTRICT SELECTION Date Application Received:_ 2/•02 APPLICANT NAME: ,9P y j L p A]. PROPERTY INFORMATION: 380/ • Property Location/Address: *Township: Ab=M & Ale Tax Map: •Parcel Identification Number [PIN]: *Number of Acres: l'70. 3' leq C CERTIFICATION CRITERIA REVIEW: *Meets acreage requirements of. MAtY S AOAa $ Block: 2 Lot: 15-A / 7 Deed Book: Page: [1] One farm containing at least 80 contiguous acres; OR Yes: -I' No: Initials: Date: Z/-, 0 2 [2] Two or more contiguous farms containing at least 80 acres. Yes: No: Initials: Date: • Participating in farm present use -value taxation program. Yes: ✓ No: Initials• Date: *Certified by Soil Conservation Service as to land suitability. Yes: No: Initials: Date: *Managed in accordance with SCS defined erosion control practices. Yes: No: Initials• Date: *Small lot or tract surrounded by or adjacent to existing /proposed agricultural district. Yes: No: Initials: Date: CERTIFICATION/DESIGNATION ACTION: • Application reviewed for completeness. • Application forwarded to - Tax Supervisor's Office. - Soil Conservation Service. *Evaluation received from - Tax Supervisor's Office. - Soil Conservation Service. *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: OConservation agreement signed /recorded. *Agricultural district identified in Land Records System *Agricultural district identified on Tax Map. • Agricultural district sign[s] posted. Date 2• y• 02 2 • iS/• o2 .3- /x•02 3,8.02 l February 12, 2002 DSL_NAME CALC_ACRE Ch 9.5 Ch 0.8 Ch 6.5 HrC 0.1 WxF 1.2 Ta D 1.0 EnB 0.1 HrC 6.9 HrC 0.5 ApB 0.0 ApB 31.4 ApB 0.3 ApB 0.0 HrB 0.0 HrB 12.4 GeB 8.1 GeB 8.4 HrB 2.4 HrC 0.0 ApC 0.4 ApC 5.4 ApC 3.7 ApC 2.1 ApC 1.5 ApB 0.1 ApB 27.3 ApB 0.8 HrC 16.1 HrC 1.5 HeB 8.7 HeB 3.8 HrC 0.7 HrC 4.2 HrB 1.3 13 14 rip. Orange County Agricultural Districts Advison) 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. Please sign and date the form, and return it to the Orange County Environment and Resource Conservation Department, 306F Revere Road, Hillsborough, NC 27278 APPLICANT: ,� �,- � Name: /'Yla r j% _ PP, C 0 4j Address: W2_3 S %, t-na i-)L2 City: 7YJ -30y Phone Number (Day): `Z dj- ,4C (Di-J _State: /LJC v,ti - Z8�2 - ~ 15 _Zip Code: r7 a L of') Li/(Evening) 7 J2 3 ?_ L M�$� E -Mail: Teo )A)e— �� ti ��t � Cra•'h PROPERTY INFORMATION: tion/Address: 3 ,Ta 1 Wit 5 / m�� r✓Y f�d ,, k-�t / isqb3 rdL4 ?� r� hip: Tax Map: .Block: lock: Lot:_ / I v •9 -crams Parcel Identification Number (PIN): !LAC,-4S `l r49,3, 7oG —_i e, V/ Ac/-, '4= *4209 i c 5e. Number of Acres: 7-2 ACA Deed Book: Page: .5S Does this land have a plan on file with the Natural Resources Conservation Service or NC Forest Service? Yes: No: If "No ", please complete back of form Is this land listed for Present Use taxation with the Orange County Tax Office? Yes: ✓ No: If "No ", please complete back of form OWNERS] CERTIFICATION: I [We], the applicant[s], hereby certify that, to the best of my [our] knowledge, the foregoing application is complete and accurate. Signature: 00".n Date: 1,L) `7- Z Signature: I rcpt • t z6—o Date: Please direct inquiries to: c% Orange County Environment and Resource Conservation Department 306F Revere Road Hillsborough, NC 27278 Hillsborough • 732 -8181 Chapel Hill • 967 -9251 Durham • 688 -7331 Mebane •227 -2031 1s SUPPLEMENTARY INFORMATION: NOTE: Complete this information ONLY: • If you are NOT participating in the farm present use taxation: program; OR • If you do NOT have a plan on file with the Natural Resources Conservation: Service or the NC Forest Service. 1. How long have you owned your farm? years 2. How long have you lived on your farm? years 3. Has your farm exceeded $1,000 in gross income in each of the past three years? Yes No 4. How many acres on your farm are under cultivation? acres 5. What are the major crops that you plant each year? 6. How many acres on your farm are used for pasture? acres i� ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Brent Bogue, District Conservationist John Smith, Tax Supervisor From: Tina Moon, Land Use /Preservation Planner Date: November 29, 2001 Subject: Bacon Family Limited Partnership Application for Certification as Qualifying Farmland Please find attached the application of Donald N. Johnson and Mary G. Bacon of the Bacon Family Limited Partnership for Certification as Qualifying Farmland. Mr. Johnson submitted the form as part of the application process for the County's Voluntary Agricultural District Program. The property is listed for present -use taxation program but does not have a plan on file with the Natural Resources Conservation Service or North Carolina Forest Service. To secure such certification, a tract must: 1. Be participating in the present use -value taxation program established by the NC 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 NC General Statutes, Section 105- 277.3. [ Response to be provided by Tax Supervisor] 2. Be certified by the Natural Resources Conservation Service of the United States Department of Agriculture (NRCS) 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 for agricultural, horticultural or forestry operations as defined in the NC General Statutes, Johnson Application for Certification as Qualifying Farmland Page 2 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 questions qualifies. [Response to be provided by District Conservationist] 3. Be managed, if highly erodible land exists on the farm, in accordance with the NRCS - defined erosion control practices as specified in the 1985 Food Security Act. [Response to be provided by District Conservationist] In accordance with Section V of the Orange County Voluntary Farmland Preservation Ordinance, you have 30 days within which to evaluate the application for compliance with the above requirements and return your finding to the Environment and Resource Conservation Department. In your response, please be as specific as you can be regarding how the property complies. Provided the property is certified as qualifying farmland, and the Advisory Board recommends designation as a voluntary agricultural district, the Board of Commissioners could consider the request in early February of 2002. Please note that the proposed agricultural district is comprised of 2 tracts, totaling 82.31 acres. Thus, the acreage requirement is satisfied, since the farm consists of one tract, or two or more contiguous tracts containing at least 80 acres. I have included a vicinity map showing the boundaries of the property and a tabulation of acreage by soil type. You may wish to refer to these in completing your review. Thank you for your assistance in this matter. If I can provide additional information, please contact me at extension 2583. AM attachments cc: David Stancil, Environment and Resource Conservation Director Bacon Family Limited 19 Nels Anderson 58.42 Acres Bacon Family Limited a Acres 88.33 �- Nels Anderson cv Bacon Fami Red 11 Arrpq N 10.31 cres H idson Momsen 2. Acres El n Baco 12 cres Bacon Family Limited 72 Acres L ^ ,,�! W ea V T o �a 3 a� C��101 CCe� Z O �o f Bacon Family Limited Nels Anderson 58.42 Acres Bacon Family Limited a 88.33 Acres Q- Nels Anderson co Bacon Fami Red 10 11 Arrp..q N 10.31 cres H idson Momsen 2.6 Acres El n Baco 12 cres Bacon Family Limited 72 Acres ead� o=3 L D0 o L U) Z 0 �O f r Attachment #2 ORANGE COUNTY ENVIRONMENT & RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Agricultural Preservation Board From: David Stancil, ERC Director Tina Moon, Land Use /Preservation Planner Date: April 10, 2002 Subject: "'Straw" Potential Changes to Voluntary Farmland Preservation Program (VFPP) Ordinance Staff has worked to explore potential changes to the Voluntary Farmland Preservation Program, originally enacted in 1992, as per APB discussion in March. In recent years many changes have occurred in VFPP's and the status of farming, warranting revisiting the ordinance. We have used the ordinances from other jurisdictions, the new model ordinance, and comments from the APB meeting to develop a "straw" set of initial suggestions for changes to the program. These are presented below, section by section, as a starting point for further discussion. Once the APB has changes made that it feels are sufficient, it would then refer these recommendations to the Board of Commissioners. In some cases, notably Section IV (districts and APB membership), additional research and information is needed before a recommendation can be generated. As such, we recommend deferring this section until new farmland mapping and discussions of potential Agricultural Priority Areas can occur this spring and fall. Section I — ENACTMENT No proposed changes. Section II — PURPOSE Using the State Model and other county ordinances (such as Iredell) as examples, expand the existing purpose statement to be a statement of the importance of farming and to link it to existing County policy documents. Section III - DEFINITIONS No proposed changes. Section IV — AGRICULTURAL PRESERVATION BOARD It is recommended that this section, which deals with membership (and hence, what constitutes a "district') be deferred for later discussion. The farmland mapping project and 2 the discussion of potential Agricultural Priority Areas could prove helpful in addressing "districts. " The ultimate question is whether to continue with farms`as individual districts or whether districts are larger areas of the County, within which farms could participate in the program. The following excerpt from subsection B illustrates how the definition of districts affects membership on the Board. B. MEMBERSHIP 1. Requirements b. Each District existing pursuant to this ordinance shall be represented on the board by a person owning farmland in the district. Subject to revision based on forthcoming ideas for large Agricultural Districts based on agricultural priority areas. D. DUTIES Include a ninth duty, as per the State Model Ordinance, to develop a countywide farmland preservation plan as defined in NCGS § 106- 744(e)(1) for presentation to the Board of County Commissioners. Section V - APPLICATION AND CERTIFICATION OF OUALIFYING FARMLAND AND VOLUNTARY AGRICULTURAL DISTRICTS B. REQUIREMENTS FOR INCLUSION IN A VOLUNTARY AGRICULTURAL DISTRICT 1. Reconsider size requirements for individual farm and two or more farms applying as package. Consider the advantages and disadvantages of establishing large regional districts. Examples of existing North Carolina programs show that urban areas tend to use agricultural priority areas and part of a ranking system, and often have smaller acreage requirements. D. APPLICATION AND CERTIFICATION PROCEDURES 6. Change language to say conservation "agreement "not conservation "easement. " Section VI - REVOCATION OF CONSERVATION AGREEMENT No proposed changes. Section VII - PUBLIC HEARINGS No proposed changes. Section VIII - RECORD NOTICE OF PROXIMITY TO FARMLANDS B. PROCEDURE Change from B to C C. Add 1. Install identification signs along right of way 2. Place maps of current VADs and notice of their status and what it means to be a farm, in key offices such as Planning & Inspections , the Register of Deeds, Land Records, Cooperative Extension, Soil & Water Conservation, Rural Farm Services 3. Require written notice on preliminary plans for major subdivisions and planned developments within one mile of an existing VAD L: \Tina \AgPreservation \VFPPO changes -2.doc 3 23 4. Consider having a statement for signature for building permit applicants and landowners recording plats or deeds at the Register of Deeds alerting them of proximity of farm and what it means to live near a farm. Section IX - WAIVER OF WATER AND SEWER ASSESSMENTS No proposed changes. Section X - LAND -USE INCENTIVES TO VOLUNTARY AGRICULTURAL DISTRICT FORMATION No proposed changes. Section XI - NORTH CAROLINA AGENCY NOTIFICATION No proposed changes. Section XII — PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS No proposed changes. L: \Tina \AgPreservation \VFPPO changes -2.doc North Carolina County Ordinances and Programs Summary Chart County Year Program Minimum Acreage Requirement Ado ted Alamance 2001 • 5 acres horticulture use • 10 acres general agriculture • 20 acres forestry Avery 1992 0 1 farm of 50 contiguous acres or, two or more farms with minimum of 25 acres within a mile of each other Buncombe 1989 0 100 contiguous acres, or two or more farms consisting of a total of 100 acres and lying within one mile of each other Brunswick 2001 0 10 acres, or two or more farms consisting of 10 acres within a mile of each other Caswell 2001 • 20 acres, or two or more farms consisting of 20 acres within one mile Chatham 2001 • 20 contiguous acres, or two or more farms consisting of at least 20 acres within one mile of each other Cherokee 1995 • 20 contiguous acres, or two or more farms consisting of at least 20 acres within one mile of each other Clay 40 acres, or two or more farms consisting of at least 40 acres within one mile of each other Cleveland 2001 50 acres, or two or more farms consisting of at least 50 acres within one mile of each other Durham 1999 20 contiguous acres, or two or more farms consisting of at least 20 acres within one mile of each other per ranking system Forsyth 1986 0 10 acres or, • Contiguous to a ten acre tract in the program Guilford 2000 • 20 acres or two or more farms within a half mile Haywood 1994 • 25 contiguous acres, or two or more farms consisting of at least 25 acres within one mile of each other Henderson 1991 • 200 contiguous acres, or five or more farms which collectively will create a district with each said farm lying within one mile of each other Iredell 2001 • 50 or more contiguous acres, or at least 2 or more farms which collectively will form a district Macon 1997 • 30 acres, or two or more farms consisting of 50 acres within one mile Madison • One or more farms totaling 200 acres Orange • 80 or more contiguous acres, or at least 2 or more contiguous farms, which collectively will form 80 acres Rowan 1991 • 200 contiguous acres, or five or more farms which collectively will create a district with each said farm lying within one mile of each other 25 North Carolina County Ordinances and Programs Summary Chart County Year Program Minimum Acreage Requirement Adopted Rutherford • 50 acres, or at least two or more farms within one mile Sampson 2001 • 25 acres, or at least two or more farms within one mile Union 2001 • 20 acres, or at least two or more farms within one mile Wake 1989 0 10 acres in agricultural use • less than 10 acres if contiguous to tract of more than ten acres to which county holds the development rights to or if they are located in APA • In rimarily productive agricultural soils Watauga • 25 acres, or at least two or more farms within one mile 27 4/18/00 1 ORANGE COUNTY VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE Section I - ENACTMENT Pursuant to the authority conferred by the Farmland Preservation Enabling Act, Article 61 of Chapter 106 of the North Carolina General Statutes, Section 106 -735 et seq., and for the purpose of promoting the health, safety, morals, and general welfare of the county, the Board of Commissioners of Orange County, North Carolina, hereby adopts this ordinance, which shall be known as the Voluntary Farmland Preservation Program Ordinance of Orange County, North Carolina. Section II - PURPOSE The purpose of this ordinance is to encourage the voluntary preservation and protection of farmland from non -farm development, recognizing the importance of agriculture to the economic and cultural life of the county. Section III - DEFINITIONS (amended 4117100) For the purposes of this ordinance, the following terms shall have the following definitions: Board: Orange County Agricultural Preservation Board Chair: Chair of the Orange County Agricultural Preservation Board District: Voluntary Agricultural District Section IV - AGRICULTURAL PRESERVATION BOARD (amended 4117100) A. CREATION An Orange County Agricultural Preservation Board, consisting of seven (7) initial members appointed by the Board of County Commissioners, is hereby established. Thereafter, the Agricultural Preservation Board shall consist of up to seven (7) at -large members plus one member for each District created and existing under this Ordinance, all appointed by the Board of County Commissioners. Additional appointments may be made to satisfy the requirements of Section IV.B.1.b.of this ordinance. B. MEMBERSHIP 1. Requirements a. Each Board member shall be a resident of Orange County. 28 4/18/00 2 b. Each District existing pursuant to this ordinance shall be represented on the Board by a person owning farmland in the district. The Board of County Commissioners shall appoint the District representatives and shall make its selection of a representative from each District from among those owning farmland in the District. c. The remaining members of the Board shall be appointed at -large by the Board of County Commissioners to represent a broad range of agricultural interests. 2. Tenure Each member shall serve a term of three (3) years, except that the initial Board is to consist of two (2) appointees for terms of two (2) years, two (2) appointees for terms of three (3) years, and three (3) appointees for terms of four (4) years. Thereafter, all appointments are to be for terms of three (3) years, with reappointments permitted. Notwithstanding the term limits contained in this section, District representatives may be appointed and re- appointed as necessary to insure that each District is represented as provided in Section B.1.b of this Ordinance. 3. Vacancies Any vacancy on the Board is to be filled for the remainder of the unexpired term. C. PROCEDURE The Board shall develop procedures for the conduct of its meetings, which procedures shall be consistent with Robert's Rules of Order. D. DUTIES The Board shall have the authority to: 1. Review and approve the form of the agreement to sustain agriculture required in Section V of this ordinance; 2. Review and approve applications for qualifying farmland certification and make recommendations concerning the establishment and modification of agricultural districts; 3. Review and make recommendations concerning proposed amendments to this ordinance; 4. Hold public hearings pursuant to Section VII of this ordinance; 5. Hold joint public hearings with the Orange County Board of Commissioners on public projects likely to have an impact on agricultural operations within Orange County; 6. Advise the Board of County Commissioners on projects, programs or issues affecting the agricultural economy or activities within the county and that will affect agricultural districts; 7. Study additional methods of farmland preservation and make recommendations to the Orange County Board of Commissioners; and 8. Perform other related tasks or duties assigned by the Orange County Board of County Commissioners. 29 4/18/00 3 Section V - APPLICATION AND CERTIFICATION OF QUALIFYING FARMLAND AND VOLUNTARY AGRICULTURAL DISTRICTS (amended 4117100) A. PURPOSE The purpose of voluntary agricultural districts is to increase identity and pride in the agricultural community and its way of life, and to increase protection from nuisance suits and other negative impacts on properly- managed farms. B. REQUIREMENTS FOR INCLUSION IN A VOLUNTARY AGRICULTURAL DISTRICT An agricultural district shall initially consist of: a. At least 80 contiguous acres (rounded to the nearest whole acre) of certified qualifying farmland; or (Amended 9122192 and 5124193) b. At least two or more certified qualifying farms, contiguous to each other, which will create a district of not less than 80 acres (rounded to the nearest whole acre). (Amended 9122192 and 5124193) In addition, small tracts or lots, when surrounded by or adjacent to certified qualifying farms, may be added to and thereby included in an existing or proposed voluntary agricultural district. (Amended 2122193) 2. The owners of the qualifying farmland must execute an agreement with Orange County to sustain agriculture in the District. 3. Qualifying farmland may be added to existing districts upon execution by the owner of an agreement to sustain agriculture. 4. In the event that one or more participants in the District withdraw and the acreage in the District becomes less than the minimum acreage required or results in the remaining land being non - contiguous, a voluntary agricultural district will continue to exist so long as there is one qualifying farm. C. CERTIFICATION AS QUALIFYING FARMLAND 1. To secure certification as qualifying farmland, a farm must: a. 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. b. Be certified by the Natural Resources 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: (1) Are best suited for providing food, seed, fiber, forage, timber, and oil seed crops; (2) Have good soil qualities; 4/18/00 4 30 (3) Are favorable for all major crops common to Orange County; (4) Have a favorable growing season; and (5) Receive the available moisture needed to produce high yields for an average of eight (8) out of ten (10) years; •- 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. C. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion - control practices as specified in the 1985 Food Security Act. d. Be the subject of a conservation agreement, as provided in Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County and the owner of such land that prohibits non -farm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable Orange County zoning and subdivision regulations. D. APPLICATION AND CERTIFICATION PROCEDURES A farmland owner may apply for either certification as qualifying farmland or for qualifying farmland certification and designation as a voluntary agricultural district. For a farmland owner to receive the benefits provided by this ordinance, the farm must be certified as qualifying farmland by the Agricultural Preservation Board and designated as a voluntary agricultural district by the Board of County Commissioners. 1. Applications for qualifying farmland certification and for voluntary agricultural district designation shall be made to the Orange County Environment and Resource Conservation Department on forms provided by that department. 2. The Environment and Resource Conservation Department shall review each application for completeness. When complete, the application shall be forwarded to: a. The Orange County Tax Supervisor's Office; and b. The local office of the Natural Resources Conservation Service of the United States Department of Agriculture. Within 30 days of receiving an application, the above offices shall evaluate the application for compliance with the requirements of Section V.D.2. above and return their findings to the Environment and Resource Conservation Department. The Environment and Resource Conservation Department shall present the application for consideration at the first meeting of the Agricultural Preservation Board, following receipt of the findings of the above offices. 3. Within 60 days of receipt of the findings of the Orange County Tax Supervisor and Natural Resources Conservation Service offices, the Board will render a decision regarding the application of qualifying farmland status, and, if applicable, prepare a recommendation to the Board of County Commissioners regarding the establishment of a 31 4/18/00 5 voluntary agricultural district. The Chair will notify the applicant by mail of the Board's decision as to whether the real property for which certification is sought satisfies the criteria established in Section V and has been certified as qualifying farmland. If application was also sought for designation as a voluntary agricultural district, the Chair will notify the applicant of the Board's recommendation concerning such designation. 4. Upon receipt of the recommendation of the Board, the Board of County Commissioners may consider an application for establishment of a voluntary agricultural district. In deciding whether to establish a district, the Board of County Commissioners shall consider the findings of the Orange County Tax Supervisor and Natural Resources Conservation Service offices as well as the recommendation of the Board. 5. Upon approval by the Board of County Commissioners, the establishment of a voluntary agricultural district shall become effective upon recordation of a conservation agreement, prepared in accordance with Section V.C.(1)(d), executed by the landowner and the County, and recorded in the Orange County Register of Deeds as provided in the N.C. General Statutes, Section 121 -41. 6. Upon recordation of a conservation easement, the Environment and Resource Conservation Department will notify the Orange County Tax Supervisor of the voluntary agricultural district established. The location of said district will be marked on the Orange County tax maps. E. The County may take such action as it deems appropriate through the Agricultural Preservation Board or other body or individual to encourage the formation of voluntary agricultural districts and to further their purposes and objectives, including, at a minimum, a public information program to reasonably inform landowners of the farmland preservation program. Section VI- REVOCATION OF CONSERVATION AGREEMENT By written notice to the Board of County Commissioners, a landowner of qualifying farmland may revoke the conservation agreement formulated pursuant to Section V of this ordinance. Such revocation shall result in loss of qualifying status, and consequently, loss of eligibility to participate in a voluntary agricultural district and benefits thereof. Upon revocation of a conservation agreement, written notice of the revocation shall be recorded in the Orange County Register of Deeds as provided in the N.C. General Statutes, Section 121 -41. Section VII - PUBLIC HEARINGS (amended 4117100) A. PURPOSE No state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the Orange County Agricultural Preservation Board to hold a public hearing on the proposed condemnation. B. PROCEDURE 1. Upon receiving a request, the Agricultural Preservation Board shall publish notice describing the proposed action in a newspaper having general circulation in the area within seven (7) days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within 30 days of receipt of the request. 32 4/18/00 6 2. The Board will, in making its findings and recommendations following the public hearing, consider such factors as: a. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and b. Alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities and farm land base of the voluntary agricultural district within which the proposed action is to take place. 3. The Board will consult with the Orange County Cooperative Extension Service, the local U.S.D.A. Natural Resources Conservation Service office, and the Orange County Environment and Resource Conservation Department, and may consult with any other individuals, agencies or organizations, public or private, necessary to the Board's review of the proposed action. 4. Within 30 days after the request for public hearing, the Board will make a report to the decision - making body of the proposed condemnor, which report shall contain the Board's findings and recommendations regarding the proposed action. 5. Pursuant to N.C. General Statutes, Section 106 -740, the proposed condemnor shall not formally initiate a condemnation action while the proposed condemnation is properly before the advisory board within these time limitation. Section VIII - RECORD NOTICE OF PROXIMITY TO FARMLANDS A. PURPOSE The purpose of this section is to help prevent potential conflicts from occurring between qualifying farms and non -farm landowners regarding acceptable and responsible farming operations and practices, and to minimize the incidence of nuisance suits against owners of qualifying farmland. B. PROCEDURE Upon certification of qualifying farmland and designation of real property as a voluntary agricultural district, the Orange County Land Records System shall be changed to include 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 a voluntary agricultural district. C. In no event shall the County or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under subsection B above. D. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this ordinance. Section IX - WAIVER OF WATER AND SEWER ASSESSMENTS A. Landowner(s) belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. 4/18/00 7 B. Water and sewer assessments will be held in abeyance, without interest, for farms, whether inside or outside of a voluntary agricultural district, until improvements on such property are connected to the water or sewer system for which the assessment was made. C. When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. D. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. E. Assessment procedures followed under Article 9 of Chapter 153A of the N.C. General Statutes shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordinance was in effect. F. Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C. General Statutes, Section 153A -201. Section X - LAND -USE INCENTIVES TO VOLUNTARY AGRICULTURAL DISTRICT FORMATION A. PURPOSE The purpose of this section is to help meet the needs of agriculture as an industry in Orange County and prevent conflicts between voluntary agricultural district participants and non -farm landowners in proximity to districts. B. PROCEDURE Land -use planning decisions and ordinances affecting parcels of land adjacent to any district shall take into account the existence of such district and the purpose of this ordinance. Section XI - NORTH CAROLINA AGENCY NOTIFICATION A. The Board may consult with the North Carolina Commissioner of Agriculture, the North Carolina Division of Soil and Water, and any other entity the Boards deems necessary to the proper conduct of its business. B. A copy of this ordinance shall be recorded with the North Carolina Commissioner of Agriculture's Office after adoption. At least once a year, the County shall submit a written report to the Commissioner of Agriculture including the status, progress, and activities of the County's farmland preservation program, which report may include voluntary agricultural districting information regarding: Number of landowners involved in the program; 2. Number of acres for which qualifying farmland certification has been applied for; 3. Number of acres certified as qualifying farmland; 4. Number of acres denied certification as qualifying farmland; and 5. Number of districts in Orange County. 34 4/18/00 8 C. Copies of the reports cited in Section XI-B. above may be sent to the Orange County Board of Commissioners and any other entities the Board deems appropriate. Section XII - PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS As provided in the N.C. General Statutes, Section 106 -744, Orange County may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qualifying farmland as defined in Section V.D. of this ordinance and located within a voluntary agricultural district as defined in Section V.C. of this ordinance. This ordinance shall be effective from and after April 1, 1992. Duly adopted by the Board of Commissioners of the County of Orange, North Carolina, this 24th day of March, 1992. Revised 9122192; 5124193; 4117100. H:adab /vfpp418 Attachment ##3 Proposed CIP - 3/18/02 Lands Legacy Fund FY 2002 -03 $2.0 million $1,000,000 from 2001 bond $500,000 from alt financing (easements /non - public access) $500,000 pay -as- you -go (LL fund) FY 2003 -04 $1.525 million $1,025,000 from 2001 bond $500,000 pay -as- you -go (LL Fund) FY 2004 -05 $3,425,000 $2,425,000 from 2001 bond $500,000 from alt financing (conservation easements /non - public access) $500,000 pay -as- you -go (LL Fund) FY 2005 -06 $3,050,000 $2,550,000 from 2001 Bond $500,000 LL Fund FY 2006 -07 $1,500,000 $1,000,000 from alt financing $500,000 LL Fund FY 2007 -08 $1,500,000 $1,000,000 from alt financing $500,000 LL Fund FY 2008 -09 $500,000 $500,000 LL Fund FY 2009 -10 $500,000 $500,000 LL Fund FY 2010 -11 $5001000 $500,000 LL Fund FY 2011 -12 $500,000 $500,000 LL Fund 37 INFORMATIONAL ITEMS APB April 17, 2002 D NOTE The Upper Neuse River Basin Association is interested in working with NC Division of Water Quality and other groups to sponsor a series of conservation easement workshops throughout the upper Neuse watershed. Would the APB be interested in co- sponsoring (with the Durham Ag Board) a workshop for Durham and Orange counties in mid -late September? Draft Summary Attachment #4 AGRICULTURAL PRESERVATION BOARD /1 March 20, 2002 PRESENT:. Elizabeth Walters, Tony Kleese, Noah Ranells, Environment & Resource Conservation Director David Stancil, ERCD Preservation Planner Tina Moon, and Carol Melton. Guests present: Gordon Warren. ABSENT: Louise Tate, Whit Morrow, Bob Strayhorn, Marty Mandell, Rodney Recor, Charles Thompson ITEM #1: CALL TO ORDER Stancil called the meeting to order at 7:30 p.m. and, as there was not a majority of members present, he reviewed the discussion items. ITEM #2: CONSIDERATION OF ADDITIONS TO AGENDA ITEM #3: APPROVAL OF MINUTES February 20, 2002, Deferred due to lack of a quorum of members present. ITEM #4: ITEMS FOR DISCUSSION a. Review of Voluntary Agricultural District Application — Lee Miller Moon described the property while showing the location on a map. Stancil noted that the Wynn farm is also in the final steps of the process, signage installation is to be completed in the near future and possible appointment of member to the APB for this district. Kleese suggested an idea of getting the VAD farms shown on the next year's Farm Tour brochures to publicize the VAD program in Orange County. Kleese reported that the Carolina Farm stewardship Piedmont Farm Tours is scheduled for April 20 -21 from 1 -5 p.m. and distributed brochure information. He also noted that there are centrally located "hub" activity sites with one being the Wizard's Cauldron in northern Orange County and suggested that a display for the VAD program be included at the site with other information exhibits. Ranells asked if Mike Lanier could be involved with this and if the EDC brochure /directory of farm products would be completed for this event. Ranells volunteered to work the VAD display for one day of the Farm Tour and suggested the possibility of Lanier for the other day. Staff to contact Lanier. i b. Revisions to Voluntary Farmland Protection Ordinance Stancil noted that the revisions are underway and that a "straw" document would be presented at the regular April meeting. He also noted that the county attorney is working on the VAD agreement form and expects it to be completed soon. Ranells asked for the Alamance program be distributed in the next packets. Kleese reported that organic wheat farmers were recognizing the need to organize grain storage to be able to stay competitive with larger manufacturers and gave background information on a local farmer circumstances. A group discussion on the need for grant application information to be available to everyone and ways the APB could assist other groups (e.g., equine associations), and the APB history was reviewed. The discussion concluded with the an assignment for staff to retrieve the Agricultural Summit sign -in information to get possible interested parties that might want to become included in the grain storage efforts or other diversity projects. C. Blackwood Farm Site Visit —April 10th Stancil reviewed that at the last meeting members had expressed a desire to have a site visit at the Blackwood Farm and polling had revealed April 10th as an acceptable date. The time was suggested for 5:30 p.m. with the possibility of the Historic Preservation Commission joining the group. Kleese requested that the future APB meetings be held at the farm when possible. ITEM #5: ITEMS FOR DECISION a. Voluntary Agricultural District Application — Don Johnson Farm b. Recommendation on Triangle GreenPrint C. Annual Chair and Vice -Chair Elections All decisions items were deferred for lack of quorum. Walters requested that the April 10th site visit include an official meeting segment to approve the VAD Johnson Farm. ITEM #6: Adjournment The APB adjourned at 8:15 p.m. 2 ALAMANCE COUNTY VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE ARTICLE I TITLE An ordinance of the Board of County Commissioners of ALAMANCE COUNTY, NORTH CAROLINA entitled "VOLUNTARY FARMLAND PRESERVATION PROGRAM ORDINANCE." ARTICLE II AUTHORITY The articles and sections of this program are adopted pursuant to authority conferred by the N.C.G.S. Sections 106 -735 through 106 -743. ARTICLE III PURPOSE The purpose of this ordinance is to promote agricultural values and the general welfare of the county.and more specifically, increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture; and increase protection from non -farm development and other negative impacts on properly managed farms. This ordinance establishes many benefits for participating farmers and other county residents. These benefits include: - -The program preserves and maintains agricultural areas within the county; - -The program informs non - farming neighbors and potential land purchasers that the participating farm may emit noise, dust, and smells (this feature may help avoid conflicts between neighbors and potential nuisance claims) ; - -The program gives the farming community a better voice in Alamance County Commissioners decisions affecting farmland; -- Farmer participation in the program is voluntary and the farmer may terminate his /her participation at any time; - -The program requires the Alamance County Commissioners to use farmland "as a last resort" if they are attempting to condemn county lands; 44 - -The program would provide greenspace and natural resources as the county's population and development expands. - -The program maintains opportunities to produce locally grown food 'and fiber. ARTICLE IV DEFINITIONS The following are defined for purposes of this ordinance: Advisory Board: Chairman: District: Board of Commissioners: Creation Alamance County Agricultural Advisory Board. Chairman of the Alamance County Agricultural Advisory Board. Voluntary Agricultural District as established by this ordinance. Alamance County Board of Commissioners. ARTICLE V AGRICULTURAL ADVISORY BOARD The Board of Commissioners establishes an Agricultural Advisory Board to implement the provisions of this program. Appointments and Membership The Agricultural Advisory Board shall consist of seven members appointed by the Alamance County Board of Commissioners. 1. Recruirements (a) Each board member shall be a county resident and registered to vote in Alamance County. (b) Five of the seven members shall be actively engaged in farming. (c) The Board Members shall be-selected for appointment by the Board of Commissioners from the--names of individuals submitted to the Board of Commissioners by the Soil and Water Conservation District, the Cooperative Extension Service, the Natural Resource Conservation Services, the Farm Service Agency, and the Alamance County Farm Bureau, with an effort to have the broadest geographical representation possible. 45 2. Tenure. The members are to serve for terms of three years, except that the initial board is to consist of two appointee(s) for a term of one year, two appointees for terms of two years, and three appointees for terms of three years. Thereafter, all appointments are to be for terms of three years for a maximum of six consecutive years. Thereafter each member must be Off of the board at least one year before being reappointed. 3. Vacancies. Any vacancy on the Agricultural Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term from recommendations of above groups. 4. Removal for .Cause. Any member of the Agricultural Advisory Board may be removed for cause by the Board of Commissioners upon written charges and after a public hearing. Funding The per diem compensation of the members of the Advisory Board shall be fixed by the Board of Commissioners and funds shall be appropriated to the Advisory Board to perform its duties. Advis)ry Board Procedure 1. Chairman The Advisory Board shall elect a chairman and vice - chairman each year at its first meeting of the fiscal year. The chairman shall preside over all regular or special meetings of the Advisory Board. In the absence or disability of the chairman, the vice - chairman shall preside and shall exercise all the powers of the chairman. Additional officers may be elected as needed. 2. Jurisdiction The Advisory Board may adopt rules of procedure not inconsistent with this ordinance or with other provisions of State law. 3. Advisory Board Year The Advisory Board shall use the Alamance County fiscal year as its meeting year. 46" 4. Meetings Meetings of the Advisory Board shall be held at the call of the chairman and at such other times as the Advisory Board may specify in-its rules of procedure. A meeting shall be held at least every two months and notice of any meetings to the members shall be in writing unless otherwise agreed to by all Advisory Board members. S. Majority Vote The concurring vote of Advisory Board shall b requirement, decision, official or agency; to to pass upon any other under this ordinance. G. Records a majority of the members of the necessary to: reverse any order, or determination of any administrative decide in favor of an applicant; or matter on which it is required to act The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed in the Office of the Advisory Board and shall be a public record. Duties The Advisory Board shall: 1. Review and approve applications for qualified farmland and voluntary agricultural districts and make recommendations concerning the establishment and modification of agricultural districts. 2. Conduct public hearings. 3. Advise the Board of Commissioners on projects, programs or issues affecting the agricultural economy or activities within the county that will affect agricultural districts. 4. Review and make recommendations concerning proposed amendments to this ordinance. 5. Study additional methods of farmland preservation and make recommendations to the Board of Commissioners; and 6. Perform other agricultural related tasks or duties assigned by the Board of Commissioners. i ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS 1. Implementation In order to implement the purposes stated in Article III, this program provides for the creation of voluntary agricultural districts which meet the following standards: (1) The district, when initially established, shall contain the minimum amount of land required for taxation based on farm use evaluation: ... 5 acres for horticulture use ... 10 acres for ag use ... 20 acres for foresty use when considering acreage, leased and /or rented land for the purpose of agriculture will be taken into account. (2) The landowner(s) requesting inclusion in the district shall execute an agreement with the county to sustain agriculture in the district in accordance with Article VII (5) of this program. Said agreement shall be in a form which is reviewed and approved by the Advisory Board. Pur 'ose The purpose of this section is to help meet the needs of agriculture as an industry and prevent conflicts between voluntary agricultural district participants and non -farm landowners in proximity to districts. Procedure for Notification The Advisory Board, in cooperation with the county, shall provide notification -to property owners, residents, and other interested persons within one mile and adjacent to any designated agricultural district. The purpose of such notification is to inform current and potential residents and property owners in and adjacent to an agricultural district, that farming and agricultural activities may take place in this district any time during the day or night. These activities may include, but are not limited to the following: pesticide spraying, - manure spreading, machinery, truck, tractor operations, livestock operations, sawing, and similar activities. (1) Types of Notification (a) Signs identifying approved agricultural districts shall be placed along the rights -of -way of major roads. 48 (b) Maps identifying approved districts shall be provided to the Register of Deeds office, the Soil Conservation District Office, the Cooperative Extension office, Farm Service Agency, the Natural Resource Conservation Service, the Inspections Department, the Alamance County Planning Department. (c) The following notice shall be made available to everyone recording a deed or plat with the Register of Deeds: NOTICE TO REAL ESTATE PURCHASERS IN ALAMANCE COUNTY. ALAMANCE COUNTY AGRICULTURAL DISTRICTS Alamance County has established agricultural districts to protect and preserve agricultural lands and activities. These districts have been developed and mapped by the county to inform all purchasers of real property that certain agricultural activities, including but not limited to pesticide spraying, manure spreading, machinery, tractor, truck operations, livestock operations, sawing, and similar activities may take place in these districts. This map can be obtained from the Register of Deeds office, Soil Conservation District Office, Cooperative Extension office, Farm Service Agency, the Natural Resource Conservation Service, the Inspections Department and the Alamance County Planning Office. ARTICLE VII QUALIFICATIONS AND CERTIFICATION OF FARMLAND Requirements In order for farmland to qualify for participation under the terms of this program, it shall meet the following requirements: 1. The farmland shall be real property. 2. The farm property shall be participating in the farm present- use -value taxation program established by G. S. 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 G. S. 105- 277.3. 3. The property is certified by the Natural Resources Conservation Service of the United States Department of Agriculture, in consultation with the Cooperative Extension Service and the Farm Service Agency, as being a farm on which at least two- thirds of the land is 49 composed of soils that: a. are best suited for providing food, seed, fiber, forage, timber, and horticultural crops, includin Christmas trees and ornamentals; g b. have good soil qualities; C. are favorable for all major crops common to the county where the land is located; d. have a favorable growing season; and e. receive the available moisture needed to produce high yields for an average of eight out of ten years. •- Soils on which at least two - thirds of the land has been actively used in agricultural, horticultural or forest operations as defined in G. S. 105 -277.2 (112,3) 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. 4. The property, if highly erodible land exists on the farm, is managed in accordance with the Natural Resources Conservation Service defined erosion control practices that are addre to said highly erodible land. ssed S. The property is the subject of a conservation agreement as defined in G. S. 121 -35, between the county and the owner of such land that prohibits non -farm use or development of such land for a period of at least ten years, except for the creation of not. more than three lots that meet applicable county watershed and subdivision regulations, or the regulations of any municipality which apply to the farm property. The property owner may at any time voluntarily revoke this conservation agreement by submitting a written request to the Advisory Board in accordance with Article IX . Certif ication The owner of the farm seeking to qualify-his property for participation in the farmland preservation program shall submit written evidence that-the property conforms with the requirements of Article VII of this program. This written information shall be submitted to the Chairman of the Advisory Board or the designated staff person on forms provided by the board. The certification may be submitted at the time the owner applies for inclusion in a district. 50 1. 2. ARTICLE VIII APPLICATION, APPROVAL AND APPEAL PROCEDURE Application Procedure a. A landowner may apply to participate in the program by making application to the chairman of the Advisory Board or a designated staff person. The application shall be on forms provided by the Advisory Board. The application to participate in a district may be filed with the certification for qualifying farmland. b. An agreement to sustain,7 encourage, and promote agriculture must be executed by the landowner and recorded with the Advisory Board. Approval Process a. Upon submission of the application to the Advisory Board, the Advisory Board shall meet within 90 days to approve or disapprove the application. The chairman shall notify the applicant by first class mail of approval or disapproval of participation in the district. b. Upon receipt of an application, the chairman will forward copies immediately to: - The Alamance County tax assessor's office, and - The Alamance County Soil and Water Conservation District and the Natural Resource Conservation Service office. The offices shall evaluate, complete and return their copies to the chairman within 30 days of receipt. 3. Appeal If an application is denied by the Advisory Board, the petitioner has 30 days to appeal the decision to the Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final. ARTICLE IX REVOCATION OF PRESERVATION AGREEMENT By written notice to the Advisory Board, a landowner of qualifying farmland may revoke the Preservation Agreement or the Advisory Board may revoke the same Preservation Agreement based on non - compliance by the landowner subject to the same provisions as contained in Article VIII for appeal of denials. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a District. 51 ARTICLE X Purpose PUBLIC HEARINGS 1. . Pursuant to N.C.G.S. 106 -7401 which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a District until such agency or unit has requested the Advisory Board hold a public hearing on the proposed condemnation, this ordinance provides for such hearing. 2. Procedure a. Upon receiving a request, the Advisory Board shall publish notice describing the proposed action in the appropriate newspapers of Alamance County within five business days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation to be held within 30 days of receipt of the request. b. The Advisory Board shall meet to review: - if the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; - alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the- District within which the proposed action is to take place. 3. The Advisory Board shall consult with the County Agricultural Extension Service, Natural Resource Convervation Service, Soil and Water Conservation District, the Alamance County Farm Bureau, and may consult with any other individuals, agencies or organizations deemed by the Advisory Board to be necessary for its review of the proposed action. Land value will not be a factor in the selection between properties under consideration for the proposed action. 4. Within 10 days after the public hearings, the Advisory Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be made available to the public for comment prior to its being conveyed to the decision - making body of the agency proposing acquisition. S. Pursuant to N.C.G.S. 106 -740, the Board of Commissioners shall not permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the Advisory Board with these time limitations. 5L ARTICLE XI PUBLIC NOTICE 1. Procedure Upon certification of qualifying farmland and designation of real property as a District, the Alamance County Land Records System shall be changed to include a notice reasonably calculated to alert a person researching the title of a particular tract that such a tract is located within one aerial mile of a voluntary agricultural district. 2. Limit of Liability In no event shall the County or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by this ordinance. 3. No Cause of Action In no event shall any cause of action arise out of the failure of a person researching the title of.a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this ordinance. ARTICLE XII SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW Developers of major subdivisions or planned unit developments shall-designate on preliminary development plans, the existence of the- Districts within one aerial mile of the proposed development. ARTICLE XIII WAIVER OF WATER AND SEWER ASSESSMENTS 1. No Assessment A landowner belonging to the district shall not be assessed for or required to connect to Alamance County water and /or sewer systems. 53 2. Abe ance Water and sewer assessments will be held in abeyance, without interest for farms whether inside or outside of a District until improvements on such property are connected to the water or sewer system for which the assessment was made. 3. Termination of Abeyance When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. 4. Suspension of Statute of Limitations Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. S. Other Statutory Abeyance Procedures Nothing is this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C.G.S. 153A -201. ARTICLE XIV COUNTY LAND -USE PLANNING 1. Signed Registration Alamance County shall require persons applying for a permit or persons registering a deed to sign tthe following ding statement which shall be maintained at the office of the Advisory Board: "I certify that I have reviewed the most current Alamance County Agricultural Districting Map found in the Register of Deeds Office. I have noted the proximity of Agricultural District Boundaries to my property. I understand that activities such as pesticide spraying, manure spreading, machine operation, livestock operations and other common farming activities may occur at any time in these areas." 2. Condemnation Proceedings Prior to initiating condemnation proceedings which would convert land in a District to non -farm uses, the county or any other local unit of government shall submit to the Advisory Board a statement that the governmental unit has considered alternatives to condemning farmland in the District. 5� ARTICLE XV CONSULTATION AUTHORITY The Advisory Board may consult with the Cooperative Extension Service, the Alamance County Soil and Water Conservation District, Natural Resource Conservation Service, the Farm Service Agency, the North Carolina Department of Agriculture, the Alamance County Farm Bureau, the North Carolina Farm Bureau, and any other such agency the Advisory Board deems necessary to properly conduct its business. ARTICLE XVI NORTH CAROLINA AGENCY NOTIFICATION 1. Record Annually with the Department of Agriculture A record of this ordinance shall be recorded with the North Carolina Commissioner of Agriculture's office after adoption. At least once a year the county shall submit a written report to the Commissioner of Agriculture concerning the status, progress and activities of the county's Farmland Preservation Program including District information regarding: a. Number of landowners enrolled b. Number of acres applied C. Number of acres certified d. Number of acres denied e. Date certified ARTICLE XVII LEGAL PROVISIONS 1. Severability I.f any article, section, subsection, clause, phrase or portion of this ordinance is for any reason invalid or unconstitutional as determined by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 2. Conflict with other Ordinances and Statutes Whenever the provisions of this ordinance conflict with other ordinances of Alamance County, this ordinance shall govern. Whenever the provisions of any federal or state statute require more restrictive provisions than are required by this ordinance, the provisions of such statute shall.govern. 3. Amendments This - ordinance may be amended from time to time by the Board of Commissioners. 55 ARTICLE XVIII ENACTMENT The Alamance County Board of Commissioner enacts the preceding articles and sections hereby adopts and his ordinance. ARTICLE IX REVOCATION OF PRESERVATION ATION AGREEMENT By written notice of the Advisory Board, a landowner qualifying farmland may revoke the Preservation Agreement of Advisory Board may revise the same Preservat' n Agreement a the on non - compliance by the landowner subject toothegseement based as contained in Article IX for a same provisions revocation shall result in loss opequalifdin1als. Such loss of eligibility to participate in a District. yi g farm status and Adopted this the day of 2001. Motion of adoption by and seconded by ALAMANCE COUNTY BOARD OF COMMISSIONERS Chairman) ATTEST: (Clerk to Board of Commissioners) Approved as to form: (County Attorney)