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Home My WebLink AboutAgenda - 02-02-2010 - 4j; VAD - Woods Family FarmORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 2, 2010 Action Agenda , Item No. ~I SUBJECT: Voluntary Agricultural District Designation: Woods Family Farm DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No Conservation ATTACHMENT(S): 1) Application 2) ERCD Staff Memo & Vicinity Map 3) Certification from NRCS, Soil Analysis Chart & Map 4) Certification from Tax Supervisor 5) Conservation Agreement with Exhibit A & Exhibit B INFORMATION CONTACT: David Stancil, 245-2510 Tina Moon, 210-2595 PURPOSE: To consider an application from the Woods family to certify their farm as qualifying farmland within the Caldwell Voluntary Agricultural District. BACKGROUND: The Woods family has applied to have their farm designated as a certified qualifying farm for the Caldwell Voluntary Agricultural District. The property is located in eastern Cedar Grove Township, along the north and south sides of Pearson Road. The County's Voluntary Farmland Protection Ordinance (VFPO) outlines a procedure for the Agricultural Preservation Board to review and approve applications for qualifying farmland, and to make recommendations to the Board of Commissioners concerning the establishment and modification of agricultural districts. Section VII of the VFPO contains the requirements for inclusion in a voluntary agricultural district (VAD). To be certified as qualifying farmland, a farm must: 1. Consist of a minimum of 20 contiguous acres; 2. Be participating in the farm present-use-value taxation program established by N.C.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. Be certified by the Natural Resources Conservation Service (NRCS) 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, forestry products, horticultural crops and oil seed crops; 2 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; OR Have been actively used in agricultural, horticultural or forestry operations as defined by N.C.G.S. §105-277.2 (1, 2, 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. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly-erodible land; and 5. Be the subject of a conservation agreement, as defined in N.C.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 zoning and subdivision regulations. The Woods' application for certifying farmland originally included four parcels (see Attachment #1). The application materials, vicinity map, soil analysis map and chart orwarded to the Orange Soil and Water Conservation District Office (NRCS) and the Tax Supervisor speak to all four parcels (see Attachments #2, 3 & 4). During the review process, however, it became apparent that two of the parcels did not meet the criteria for inclusion in the VAD program. (One parcel is not eligible for the Present Use- Value taxation program; the other parcel is not contiguous.) The Orange NRCS/Soil and Water Conservation District Office and the Tax Supervisor have provided memoranda (Attachments #3 and #4) that indicate that only two tracts comply with the certification requirements. These two parcels, identified in the draft conservation agreement as Exhibit A and Exhibit B (see Attachment #5), contain more than 80 acres thereby exceeding the minimum acreage requirement for the VAD program. To be designated as part of a voluntary agricultural district, the Board of Commissioners must approve that the farm meets the certification requirements. Following BOCC approval, the property owner(s) sign a conservation agreement between Orange County and the owner(s) 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. The property owner(s) may leave the program by providing a written notice (see Attachment #5). On October 21, 2009 the Agricultural Preservation Board voted unanimously to approve the certification of the two adjacent tracts (TMBL# 2.35..21 and TMBL# 2.33..7F). The Agricultural Preservation Board recommends the designation of the Woods' two tracts, totaling 83.5 acres as a certified qualifying farm in the Caldwell Voluntary Agricultural District. The addition of the Woods Farm would increase the number of farms in the VAD program to 15 and the total number of acres to 2,848. FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary agricultural districts are non-monetary conservation agreements. RECOMMENDATION(S): The Manager recommends that the Board certify 83.5 acres of the Woods Farm as qualifying farmland, designate it as the third participating farm within the Caldwell Voluntary Agricultural District, and authorize the Chair to sign the Conservation Agreement. C~"ra~~ge bounty Agricultural 1?istriets ~4dvis~ry hoard 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, 306A Revere Road, Hillsborough, NC 27278 APPLICANT: Name: 50.fr~ °~ C-,o,: ~ ~piAc~S C hod 4-°M~;ev~ ~o~eQS Address: 3b S ~ea~sUr. ~. ~?91 S~ear~son mod. city: -~-(u~r• d 1 e (~'~ ~ Us State• NC- Zip Phone Number E-Mail: 1C.t*~~WOocIS °` _ nCSG. le~w PROPERTY INFORMATION: ^~, _ _ ;~, Property Location/Address: J ~ ~ 5 ~Aotl~~ ~ °~~~ '~5~~°i~O2~ ~ ~~ '~ ~ ~ ~M -1 a. Pr ~- Township: ~' C~~ Cart~trt_ Tax Map: -3~J Block:~,_t Lot: ~t~s~~sgag~ls ~g~ggl9~i~~al$~5 Parcel Identi5cati~ umber (Pq q $ ~ 15 ~5 y~ Number of Acres: 10.3 13.Li~eed Book: X495 't/bl~age: `'lbb 3gdh 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 lapd 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] lmowledge, the foregoing application is Mete and accur/at~r Please direct inquiries to; do Orange County Environment and Resource Conservation Department 306F Revere Road Hillsborough, NC 27278 Hillsborough • 732-8181 Chapel HiU • 967-9251 Durham •688-7331 Mebane • 227-2031 5 SUPPLEMENTARY INFORMATION: ~~,..~~ ~'1'~7~': ~'~rrr,~rl~=t~t1~e~ i~r~ar~ru~ion ~}'4'~~r; ~ 1,/`~9a~r urr,'~°(JT,~rart~e~udin~ %n tlr~ farm prese~st use taxati~rr;~rrn~ra~; lR ~- If ecru dp ~1'f~7" l~av~ u plan ou frlc H'ith the ,'~~atur~rl l~~sourcc~s ~'unsart~arior~ Sen~i~~ nr thr NG' f'€~r~~t ~'c~r~~ic~ 1. How long have you owned your farm? years 2. How long have you lived on your farm? ~ ~ veers 3. Has your farm exceeded $1,000 in gross income ins each of the past three years? Ycs~,_ No _ 4. How many acres on your farm are under cultivation? acres 5. What are the major crops that you plant each year? 'Sth0.`~ Qc~0.~nS O~n~ ~~ 6. How many acres on your farm are used for pasture? _~acres 6 ORANGE COUNTY ENVIRONMENT AND RESOURCE CONSERVATION DEPARTMENT MEMORANDUM To: Brent Bogue, District Conservationist Teresa Moore, Present Use Value Program Director From: Tina Moon, Cultural Resources Specialist Date: August 27, 2009 Subject: Woods Farm Application for Certification as Qualifying Farmland Please find attached the application from the Woods family for Certification as Qualifying Farmland, part of the application process for the County's Voluntary Agricultural District Program. According to the application, Woods' property is enrolled in the 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: 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, Woods Application for Certification as Qualifying Farmland Page 2 7 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, please evaluate the application for compliance with the above requirements and return your finding to the Environment and Resource Conservation Department within 30 days. In your response, please be as specific as you can be regarding how the property complies. (You may wish to use the attached maps showing the boundaries of the property and tabulation of acreage by soil type when completing your review.) Provided the property is certified as qualifying farmland, and the Agricultural Preservation Board recommends designation as a voluntary agricultural district, the Board of Commissioners could consider the request shortly before or after the 2009 holiday season. The Woods have identified four adjacent tracts in Cedar Grove Township for consideration for the VAD program. (You may wish to use the attached maps showing the boundaries of the property and tabulation of acreage by soil type when completing your review.) 1) TMBL#2.35..21 69.9 acres 2) TMBL# 2.35..7E 13.66 acres 3) TMBL# 2.35..20A 10.32 acres 4) TMBL# 2.35..7A 4.74 acres Revisions to the Voluntary Farmland Protection Program, adopted in June 2005, reduced the minimum participating farm size requirement to 20 acres. Together the four adjacent tracts contain more than 98 acres, well exceeding the minimum requirement. Thank you for your assistance in this matter. Please feel free to contact Thank you for your assistance in this matter. Please feel free to contact me at 210-2595 or by email at cmoon@co.orange.nc.us, if I can answer any questions or provide additional information. /tm attachments cc: David Stancil, Environment and Resource Conservation Director Orange Coun~ ty "` Environment & Resource Conservation peparfinent Beth Youn 10/13/09 9 Woods Farm ti'-c-nity Ma p 7 inch i 2, 000 feet S OIL & WATER C O R S S R V A T I O !i Orange Soil 8~ Water Conservation District Phone: 919-732-8181, Ext. 2750 Natural Resources Conservation Service Phone: 919-644-1079, Ext. 3 ~` PO Box 8181 306 Revere Road Hillsborough, NC 27278 9 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 NO % ~_ Continents: b. Have good soil qualities. NO Breakdown of soil classes in percent: Class I -` Classes I, II, III aze primarily used for cropland Class II Class III _.. Classes III-VI aze generally best suited for pasture Class IV / ~a or woodland. Class V Class VI Class VIII ~ Class VIII generally unsuited for agricultural use. Comments: c. Be favorable for all major crops common to Orange County. Major crops aze corn, tobacco, small grain, pasture, and loblolly pines. ~~ % favorable ~S % unfavorable d. Have favorable growing season. (YES) '~ 10 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. €.. F~t;c.~;i~r£~ tis~: av°ailai~le ~nc?isture neecjecf tc~ procii2ce l~igl~ yields fir an ar%era~,e of $ to l 0 years. S~'ES) Orange County receives approximately 42-45 inches of rainfall annually. This response will be consistent for all farms in Orange County. OR 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 --f=-- / s ~~t~~ ~ ,~~ ~~ Acres in forestland ~_ `~" Acres in homestead, farmstead or other related use S Total TRACT acres ~_ (~!-~~~ `~°~ Greater than two-thirds in designated uses. Yes ~~ No % S' Comments: 1. Farm must be managed, if highly erodible land exists on the farm, in accordance with the USDA Natural Resources Conservation Service (NRCS) defined erosion-control practices as specified in the 1985 Food Security Act as amended. Plan on file in NRCS Office YES / NO if I`~lt), plan rrili lie required b~;f~~re acceptance into the. l~'~luntan t'~gricultttral L?istricts 1'rt~grarri. Comments: '~~ ~ ocx~ S ~ ~ W o Y~ w i ~ a.~. d~ ~aured~ cam. Coy-, ~~v v~--{-' ~,n -~- ~.~,._1 fz~,- o~~~.f'~"""'~ ~ ~`zrs . ..Q-~.C ~~ c-'~'7~nr'~Q ~ ~ee ~s ~ns . ~~Q-~ ca~r- se.+-,.~Q~'ayc_. ~- rrn.. / ~a-~-e ~ k.e~ 11 WOODS FARM SOIL ANALYSIS Soil Type Description ~ Total Acreage* Ch Chewacla 4 Ge6 Geor eville silt loam, 2 to 6 ercent slo es 48 GeC Geor eville silt loam, 6 to 10 ercent slo es 32 HrC Herndon silt loam, 6 to 10 ercent slo es 4 TaD Tatum silt loam, 8 to 15 ercent slo es 11 W Water 1 Total rounded up) 99 ~~, W 0 AErlca.:_ ~..p..6 Soil Type a Gc;; Ch i `yam Ge6 ~ TaD W ~4°ds Faun Geg =S Geg ~ ~. 1 inch .800 fee__ ~ a Orange Co ~,,,., unty 13 ORANGE COUNTY TAX OFFICE JOHN SMITH, Jr., CAE 228 SOUTH CAMERON STREET JO ROBERSON ASSESSOR P.O. BOX 8181 TAX COLLECTOR HILLSBOROUGH, NORTH CAROLINA 27278 TELEPHONE (919) 732-8181, Ext. 2100 ,FAX 644-3091 September 3, 2009 Tina Moon, Land Use /Preservation Planner Orange County Environment and Resource Conservation Department P O Box 8181 Hillsborough, N.C: 27278 Dear Tina: I am in response to your request for information on four tracts of land for Sam T. and Gail B. Woods. Two of the four parcels have been participating in the use value program since 2003 as agricultural classification. The first one referenced by tmbl # 2.35..21is taxed with 55.5 acres of cleared land and 14.9 acres of wooded land. The one referenced as tmbl # 2.35..20A has 4.32 acres of cleared land and 6 acres of wooded land. The parcel with tmbl# 2.35..7F transferred from Sam and Gail Woods in October 2007 to Chad and Kimberly Woods. However, it participates in the use value program as agricultural classification, with 2.61 acres set aside for the homesite and 11.6 acres cleared land. The tmbl # 2.35..7A does not participate in use value program. Please contact me if I can be of assistance. Sincerely, Teresa Moore Present Use Value Program Director 14 NORTH CAROLINA CONSERVATION AGREEMENT FOR ORANGE COUNTY VOLUNTARY AGRICULTURAL DISTRICT PROGRAM Orange County and the undersigned real property owner(s) ("Owner") enter into this Conservation Agreement for Voluntary Agriculture District covering the property identified as Tract 1 (TMBL# 2.35..21; PIN 9878-81-4496) and Tract 2 (TMBL# 2.35..7F; PIN 9878-82-1825) on the attached maps labeled Exhibit A and Exhibit B. The parties understand and agree that this Agreement is being entered into to protect farmland, horticultural land and/or forestland in Orange County as contemplated by Article 61 of Chapter 106 of the North Carolina General Statutes and the Orange County Voluntary Farmland Protection Ordinance, adopted on April 1, 1992 and last amended on June 23, 2005, and to permit such property to qualify for the benefits granted by these laws and ordinances. During the term of this Agreement, Owner agrees to prohibit non-farm use of Owner's property subject to this Agreement except as permitted by the above laws and ordinances, which Owner acknowledges, Owner has read and is familiar with. This Agreement is in place for a period of ten (10) years from the date of its execution and is automatically renewed if not terminated for an additional ten (10) years, and may be revoked by Owner at any time, with thirty (30) days written notice to the Agricultural Preservation Board, or its designee, or the Orange County Clerk. Orange County may revoke this Agreement if the Owner is noncompliant with this Agreement or the above laws and ordinances. IN WITNESS, the parties have signed this Agreement on the dates indicated in the signature acknowledgments. ORANGE COUNTY Chair, Agricultural Advisory Board Chair, Board of County Commissioners Attest: Donna Baker, Clerk to the Board OWNER(S) Sam T. Woods Gail Woods Chad E. Woods Kimberly D. Woods Orange County VAD Agreement 15 OWNERS STATE OF NORTH CAROLINA COUNTY OF ORANGE Personally appeared before me this day , who acknowledged the due execution of the foregoing Conservation Agreement for an Orange County Voluntary Agricultural District for the purposes therein expressed. WITNESS my hand and notarial seal, this day of , 20_ Notary Public My Commission Expires: Personally appeared before me this day , who acknowledged the due execution of the foregoing Conservation Agreement for an Orange County Voluntary Agricultural District for the purposes therein expressed. WITNESS my hand and notarial seal, this day of , 20_ Notary Public My Commission Expires: Personally appeared before me this day , who acknowledged the due execution of the foregoing Conservation Agreement for an Orange County Voluntary Agricultural District for the purposes therein expressed. WITNESS my hand and notarial seal, this day of , 20_ Notary Public My Commission Expires: Personally appeared before me this day , who acknowledged the due execution of the foregoing Conservation Agreement for an Orange County Voluntary Agricultural District for the purposes therein expressed. WITNESS my hand and notarial seal, this day of , 20_. Notary Public My Commission Expires: Orange County VAD Agreement 2 16 STATE OF NORTH CAROLINA COUNTY OF ORANGE COUNTY OF I, a Notary Public, for said County and State, do hereby certify that personally came before me this day and acknowledged that he/she is Chairperson, Agricultural Advisory Board and acknowledged on behalf of the Orange County Agricultural Preservation Board the due execution of the foregoing Conservation Agreement. This day of , 20_ Notary Public My Commission Expires: COUNTY OF I, a Notary Public, for said County and State, do hereby certify that personally came before me this day and acknowledged that he/she is Chairperson, Board of County Commissioners and acknowledged on behalf of Orange County, the due execution of the foregoing Conservation Agreement. This day of , 20_ Notary Public My Commission Expires: COUNTY OF. 1, a Notary Public, for said County and State, do hereby certify that personally came before me this day and acknowledged that he/she is Clerk to the Board of County Commissioners and acknowledged on behalf of Orange County, the due execution of the foregoing Conservation Agreement. This day of , 20` Notary Public My Commission Expires: *Please Note: Only complete and notarize as many signature statements as there are land owners. Orange County VAD Agreement 3 Exhibit A - Volunta Pearson ncultural uistnct Orange County Environment & Resource Conservation Department Beth Young Woods Farm Vicinity Map 1 inch = 2,000 feet N P-N TM8 2. X78'821825 2.35..21 Acreage 2.35..7E 69.90 13.66 Fxhibi fi g _ ~a fiun fiarY Agricul fiura~ p. ~sfiricfi --~... ood Tnt~, s Farm N A~'rpanP ,R3 ~~ Oro.,,._