HomeMy WebLinkAboutAgenda - 05-19-1992; VAD - WaltersI
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 19. 1992
Agenda Abstract
Item # V= -A
1
SUBJECT: VOLUNTARY AGRICULTURAL DISTRICT DESIGNATION - WALTERS FARM
DEPARTMENT: Planning PUBLIC HEARING: Yes —X No
ATTACHMENT(S): INFORMATION CONTACT:
Applications Planning Director X2592
Vicinity Map -----------------------------------
Certifications PHONE NUMBERS:
- Soil Conservation Service Hillsborough 732 -8181
- Tax Supervisor Mebane 227 -2031
Staff Checklist Durham 688 -7331
5/6/92 Agricultural Districts Chapel Hill 967 -9251
Advisory Board Minutes
Proposed Conservation Agreement
Section V - Voluntary Farmland
Preservation Program Ordinance
PURPOSE: To consider the applications of Victor Carl Walters,
Jr. and Elizabeth T. Walters for designation of
their farm on High Rock Road in Cedar Grove Township
as a voluntary agricultural district.
BACKGROUND: Section IV.D.2. of the Voluntary Farmland
Preservation Program Ordinance permits the
Agricultural Districts Advisory Board to review and
approve applications for qualifying farmland and
make recommendations concerning the establishment
and modification -of agricultural districts. The
official designation of - agricultural districts is
the responsibility of the Board of Commissioners.
Section V of the Voluntary Farmland Preservation
Program Ordinance contains the requirements for
inclusion in a voluntary agricultural district. To
be certified as qualifying farmland, a farm must:
1. Be participating in the farm present use -value
taxation program established by the N.C.
General Statutes, Sections 105 -277.2 through
105- 277.7, or is otherwise determined by the
County to meet all the qualifications of this
program set forth in the N.C. General Statutes,
Sections 105 - 277.3.
2. Be certified by the Soil Conservation Service
of the United States Department of Agriculture
as being a farm on which at least two - thirds of
the land is composed of soils that:
a. Are best suited for providing food, seed,
fiber, forage, timber, and oil seed crops;
b. Have good soil qualities;
C. Are favorable for all major crops common
to Orange County;
d. Have a favorable growing season; and
e. Receive the available moisture needed to
produce high yields for an average of
eight (8) out of ten (10) years;
OR be one on which at least two - thirds of the
land has been actively used in agricultural,
horticultural or forestry operations as defined
in the N.C. General Statutes, Section 105 -277.2
(1,2, and 3), during each of the five (5)
previous years, measured from the date on which
the determination must be made as to whether
the land in question qualifies.
3. Be managed, if highly erodible land exists on
the farm, in accordance with the Soil
Conservation Service defined erosion- control
practices as specified in the 1985 Food
Security Act.
The Orange Soil & Water Conservation District Office
and the Tax Supervisor have provided memorandum
which indicate that the Walters farm complies with
the above requirements. In addition, the Walters
farm is comprised of three separate tracts, totaling
-794.-50 acres. Thus,- the -acreage requirement of
Section V.B.l.b. is .satisfied, since the farm
consists of two or more contiguous tracts containing
at least 155 acres.
At its May 6, 1992 meeting, the Agricultural
Districts Advisory Board voted unanimously to
approve the certifi ' t'
a
ca on of the Walters farm as
qualifying farmland. In addition, the :"advisory Board
also voted unanimously to recommend that the farm be
designated as a voluntary agricultural district.
7_
2. Be certified by the Soil Conservation Service
of the United States Department of Agriculture
as being a farm on which at least two - thirds of
the land is composed of soils that:
a. Are best suited for providing food, seed,
fiber, forage, timber, and oil seed crops;
b. Have good soil qualities;
C. Are favorable for all major crops common
to Orange County;
d. Have a favorable growing season; and
e. Receive the available moisture needed to
produce high yields for an average of
eight (8) out of ten (10) years;
OR be one on which at least two - thirds of the
land has been actively used in agricultural,
horticultural or forestry operations as defined
in the N.C. General Statutes, Section 105 -277.2
(1,2, and 3), during each of the five (5)
previous years, measured from the date on which
the determination must be made as to whether
the land in question qualifies.
3. Be managed, if highly erodible land exists on
the farm, in accordance with the Soil
Conservation Service defined erosion- control
practices as specified in the 1985 Food
Security Act.
The Orange Soil & Water Conservation District Office
and the Tax Supervisor have provided memorandum
which indicate that the Walters farm complies with
the above requirements. In addition, the Walters
farm is comprised of three separate tracts, totaling
-794.-50 acres. Thus,- the -acreage requirement of
Section V.B.l.b. is .satisfied, since the farm
consists of two or more contiguous tracts containing
at least 155 acres.
At its May 6, 1992 meeting, the Agricultural
Districts Advisory Board voted unanimously to
approve the certifi ' t'
a
ca on of the Walters farm as
qualifying farmland. In addition, the :"advisory Board
also voted unanimously to recommend that the farm be
designated as a voluntary agricultural district.
RECOMMENDATION: The Administration recommends that the farm of
Victor Carl Walters, Jr. and Elizabeth T. Walters
be designated as a voluntary agricultural
district and that the.Chair be authorized-to sign
the conservation agreement.
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APPLICANI
.. . _.._. ON FOR CERTIFI - - - - - -
_.:.
AL1F'YIN
AND DESIGNATION AS AN ORANGE , . G „F���'
COUNTY
VOLUNTARY AGRICULTURAL DISTRICT RECEIVED APR 0 9 1(
INSMUC77ONS: Before completing the application, please review the provisions of the Orange County Voluntary Farmland
Preservation Program Ordinance, then fill out the form as accurately and completely as possible. Be sure to .
-sigri and data the form and
the orange County P
- .Road, Iiilu►borongh, N.C. 8 ld"m"g ?� Inspections Departure
return it to
nt, 3176F Revere
APPLICANT:
Name: Victor Carl Walters Jr & Elizabeth T. Walters
Address: 1 1 9 H z h Rock Rd .
City: E f l a n d State: NC ZIP Code: 2 7 2 4 3
Phone Number: (Home) 563-3842 (Work)
PROPERTY INFORMATION:
Property Location/Address: N / 0 1340
Township: 2 Tax Map: 4 2 Block: Lot: 1 1
Parcel Identification Number [PIN]: 9 8 3 6- 1 9 = 5 8 9 8
Number of Acres:
84. 19 Deed Book: 2 2 0 Page: 19 5
Does this land have a plan on file with the Soil Conservation Service or U.S. Forest Service?
Yes: x No: If "no ", please complete back of form.
Is this land listed for farm present use -value taxation with the Orange County Tax Office?
Yes: x Na: If-"110% Please complete back of form.
OWNER[S] CERTIFICATION:
L [We]; the applicant[s]," hereby certify that, to the best of my [our] ability, the foregoing
application is complete and accurate. ._
Signature: ! Date - - / f
Signature: Date: A j9
Please direct inquiries to:
Orange Soil & Water Conservation District
Cooperative Extension Service
orange County Planning & Inspections Department
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AS QUALIFYING FARMLAND
FOR7CERTIRCATION
CATION. .. . ...... ..... �t-
AND DESIGNATION
As AN ORANGE cOUNTY-_-.`_ RECEIVEDF�
APR 0 9 199;
NOLUNTARY AGRICULTURAL' DISTRICT
INSrRUCnONS: Before completing the application, please review the provisions of dw Orange County Voluntary Farmlanci
y and completely as possible. Be sure to
out the form as accuratel
Preservation Program
Ordinance, Om fill
sign and date the form return it to the Orange County Inspections DepatUnent, 306F Revere
and retu planning & In
Load, Hillsborough, N.C.
APPLICANT:
Name• ' Victor-Carl Walters,'Jr. & Elizabeth T.-Walters
Address: 7119 High Rock Rd.
City: Efland
Phone Number: (Home)
PROPERTY INFORMATION:
State: N C
ZIP Code: 27243
563-3842 (Work)
Property, Location/Address: 0 f f SR- 1346
Township: 3 Tax Map: I Block: Lot: 7
Parcel Identification'Number [PIN]: 9826-87-3901
Deed Book: 4 51 : Page: 5 01
Number of Acres:.::.. 8 8 9 8 4 2
Does - this t . and have a plan on file with the Soil Conservation Service or U.S. Forest Service?
Yes: X No: If "no", please complete back of form.
Is this land listed for farm present use-value taxation with the Orange County Tax Office?
Yes: X No-, If "no", please complete back of form.
OWNER[S] CERTIFICATION:
i- [We],- the applicant(s)2- -hereby certify that, to the best of my [our] ability, the foregoing
application is complete and accurate.
Signature: 4:1& Date �
Signature: Date:
Please direct inquiries to:
Orange Soil & water Conservation District
cooperative Extension Service
Orange County Planning & Inspections Department
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Phone Number: (Home) 563-3842 (Work)
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ORANGE COUNTY TAX SUPERVISOR'S OFFICE 8
208 SOUTH CAMERON STREET
HILLSBOROUGH, NORTH CAROLINA 27278
KERMIT LLOYD
Tax supennmor
MEMORANDUM
TO: Marvin Collins, Planning Director
FROM: Kermit Lloyd, Assessoro�—
SUBJECT: Voluntary Agricultural District Application
for Victor and Elizabeth T. Walters
DATE: April 30, 1992
This is to verify that Victor Carl Walters, Jr. and Elizabeth
T. Walters are actively participating in the Present Use
Value Program.
t
' United States soil P.O. Box 8181
�`� Department of h NC 27278
Conservation H i 1 1 sboroug ,
Agriculture Service
732 -8181, Ext. 2751
May 1, 1992
TO: Marvin Collins, Planning Director
Aw
FROM: Gregory A. Walker, District Conservationist
SUBJECT: V. Carl Walters, Jr. and Elizabeth T. Walters Application
for Certification as Qualifying Farmland
Attached is certification for Carl and Elizabeth Walters as qualifying
farmland for the Voluntary Agricultural Districts Program.
Attachment
0 The Soil Conservation Service
is an agency of the
Department of Agriculture
9
1
United States Soil
Department of Conservation
Agriculture Service
This report serves to document how the proposed farm
qualifies for acceptance into the Voluntary Agricultural
Districts in Orange County.
I. Two — thirds
a. Be sui
timber
yes
no
Comments;
of the soils on the farm must:
ted for providing food, seed, fiber, forage,
and oil seed crops.
X
b. Have good soil qualities.
Yes
no
Breakdown of soil classes in percent:
Class I Classes I, II, III are
Class II _z Z_•�_
Class primarily used for cropland.
III _� (pw
Class IV _��— Classes III —VI are
C generally
Class V
------ best suited for pasture or
Class VI woodland.
Class VIII
Class: -V -III generally unsuited
for agricultural use.
Comments: Y =
Gn _ �'4• = a •/ % cis w
o. Be favorable for all major crops common to Orange
County. Major crops are corn, tobacco, small grain,
pasture, loblolly pines.
favorable ____ —`% unfavorable
OThe Soil Conservation Service
is an agency of the
Department of Agriculture
?.0
N
Page 2
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.
Orange County receives approximately 42 — 45 inches
rainfall annually. This response will be consistent
for all farms in Orange County.
0 R
At least two--thirds of the land has been actively used in
agriculture, horticultural or forestry operations as defined
in the NC General Statutes, Section 105 -277.2 (1,2, and 3>
during each of the five previous years, measured from the
date on which the determination must be made as to whether
the land in" question qualifies.
Acres in cropland
Acres in forestland
Acres in homestead,
farmstead or other_
re I ated- -u-se _J
Total TRACT Acres
Greater than two--thirds in designated uses.
Yes L/ %
No ---- -- - - -- % - - - --
J.. rQ a 5 Cf^U,D�G s
N� "f`�SN•�a '
Comments: �0. QC re- I
9
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Al
17
_
4
Page 3
2. Farm must be managed, if highly erodible land exists on
the farm, in accordance with the USDA, Soil Conservation
Service (SCS) defined, erosion— control practices as specified
in the 1985 Food Security Act.
Plan o n f i _I e in SCS Office YES --V—/--- NO
If No, plan will be required before acceptance into the 4
Voluntary Agricultural Districts Program.
Comments:
N
w
_.ter
Aran e County
Agricultural Districts Advisory Board - " =" • : - - = =
r
�
^
VOLUNTARY AGRICULTURAL DISTRICT SELECTION
Date Application Received: A gar r 1 T 4 2
APPLICANTNAME: J'G�ar Car I k1ol�GrS,Sr
_
PROPERTY INFORMATION:
-1101 ii
• Property locetion/Add ' r , P,=- I L piO [CL t-+ J • Q. 2
•Township ( 2 GOY. C3 Tax Map: 2 Block: Lot:
3 - 101 '
•Parcel Identification Number [PIN]: � -
*Number of Acres: 2 g 4. 5 O Decd Book: 2 20 /14 Page:
.4•Sl /5o
CERTIFICATION CRITERIA REVIEW:
0
36 -
eMeets acreage requirements of:
[1] One farm containing at least 155 contiguous acres; OR
Yes: No- Initials• Date:
[2] Two or more contiguous farms containing at least 155 acres.
Yea: 4 No: Initiala: I'Yl �G Date: 4 9 9 2
*Participating in farm present use -value taxation program. i3d �4
Yes: V, _ No: Initials: c C- Date:
•Certified b�y oil Conservation Service as to land suitability_ �G 5/ t /4°�'
Yes: y No: Initials: r C 1 Data
*Managed ordance with SCS defined erosion control practices.
Yes: 1/ No: Initials: MGC �- Date: 5�1 lam( a2
CERTIFICATION/DESIGNATION ACTION:
*Application reviewed for completeness.
eApplication 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.
[11 dying farmland certification approved. Yes: —G _ No:
Reason:.
[2] Recommendation for district designation approved. Yes: NA No:_
Reason: .....
eApplication presented to Board of Commissioners.
[1] Agricultural district desigriation approved. Yea: No:
Reason:
[2] Conservation agreement form/content approved. Yes: No:
- - Reason:
*Conservation agreement signed/recorded.
*Agricultural district identified in Land Records System. '
* Agricultural district identified on Tax Map.
•Agricultural district signs] posted.
Date
4/q /9 Z
4 Ct 19 Z-
-4 / 3o /q 2 .
/z4 /CC?- -
5f b 4�
14
n
ORANGE COUNTY VOLUNTARY - FARMLAND PRESERVATION PROGRAM ORDINANCE
Section V — _APPLICATION AND CERTIFICATION OF QUALIFYING
FARMLANDAND VOLUNTARY AGRICULTURAL DISTRICTS
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
1. An agricultural district shall initially consist of:
a. At least 155 contiguous acres of certified qualifying
farmland; or
b. At least two or more certified qualifying farms,
contiguous to each other, which will create a district of
not less than 155 acres.
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 Soil Conservation Service of the
United States Department of Agriculture as being a farm
on which at least two - thirds of the land is composed of
soils that:
(1) Are best suited for providing food, seed, fiber,
is
forage, timber, and oil seed crops;
(2) Have good soil qualities;
(3) Are. favorable for,al1 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;
OR be one on which at least two - thirds of the land has
been actively used in agricultural, horticultural or
forestry operations as defined in the N.C. General
Statutes, Section 105 -277.2 (1,2, and 3), during each of
the five (5) previous years, measured from the date on
which the determination must be made as to whether the
land in question qualifies.
C. Be managed, if highly erodible land exists on the farm,
in accordance with the Soil Conservation Service defined
erosion- control practices as specified in the 1985 Food
Security Act.
d. Be the subject of a conservation agreement, as provided
in Article 4 of Chapter 121 of the N.C. General Statutes,
between the 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 Districts
Advisory 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 Planning Department on forms provided by
that department.
2. The Planning Department shall review each application for
completeness. When complete, the application shall be
forwarded to:
1.6
a. The orange County Tax Supervisor's Office; and
b. The local office of the Soil 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 Planning Department. The Planning Department shall
present the application for consideration at the first meeting
of the Agricultural Districts Advisory 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 Soil Conservation 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 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 Soil Conservation 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 Planning
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 Districts Advisory 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.
r
ITEM #4:
17
Hunter stated that she felt the median is more realistic
than the average farm size.
Stewar -t, that this issue be reviewed again at
the June meeting. Collins responded that he could
prepare a "monthly status report.
More discussion indicated the Board was in agreement
that applications be reviewed and monthly status reports
be prepared before consideration is given to amending
the acreage requirement.
b. Rural Character Strategies
Delayed until the June 3 meeting.
ITEMS FOR DECISION
a. Qualifying Farmland Designation - Walters Farm
(Walters left the meeting during this presentation,
discussion, and vote since it was a personal conflict
of interest - Strayhorn chaired the meeting for this
item.)
Presentation by Marvin Collins.
This item is to consider the applications of Victor
Carl Walters, Jr. and Elizabeth T. Walters for
certification of their farm as qualifying farmland and
designation as a voluntary agricultural district.
Section IV.D.2. of the Voluntary Farmland Preservation
Program Ordinance permits the Agricultural Districts
Advisory Board to review and approve applications for
qualifying farmland and make recommendations concerning
the establishment and modification of agricultural
districts.
Section -V of the Voluntary Farmland Preservation Program
Ordinance contains the requirements for inclusion in a
voluntary agricultural district. To be certified as
qualifying farmland, a farm must:
1. Be participating in the farm present use - -value
taxation program established by the N.C. General
Statutes, Sections 105 - 277.2 through 105- 277.7,
or is otherwise determined by the County to meet
all the qualifications of this program set forth
in the N.C. General Statutes, Sections 105 - 277.3.
2. Be certified by the Soil Conservation Service
of the United States Department of Agriculture
as being a farm on which at least two - thirds of
W
the land is composed of soils that:
a.. Are best suited for providing food, seed,
fiber, forage, timber, and oil see crops;
b. Have good soil qualities;
c. Are favorable for all major crops common
to Orange County;
d. Have a favorable growing season; and
e. Receive the available moisture.needed to
produce high yields for an average of
eight (8) out of ten (10) years;
OR be one on which at least two - thirds of the
land has been actively used in agricultural,
horticultural or forestry operations as defined
in the N.C. General Statutes, Section 105 -277.2
(1, 2, and 3), during each of the five (5)
previous years, measured from the date on which
the determination must be made as to whether
the land in question qualifies.
3. Be managed, if highly erodible land exists on
farm, in accordance with the Soil Conservation
Service defined erosion- control practices as
specified in the 1985 Food Security Act.
The Orange Soil & Water Conservation District Office
and the Tax Supervisor have provided memorandum which
indicate that the Walters farm complies with all the
listed requirements. In addition, the Walters farm is
comprised of three separate tracts, totaling 284.50
acres. Thus, the acreage requirement of Section V.B.1.b
is satisfied, since the farm consists of two or more
contiguous tracts containing at least 155 acres.
The Planning Director recommends that the farm of Victor
Carl Walters, Jr. and Elizabeth T. Walters be certified
as qualifying farmland and recommended for designation
as a._ voluntary- agricuitural..district to the Board of
Commissioners.
Strayhorn reminded the Board that the Walters family had
been working on farmland preservation for many years and
stated that he felt it was very appropriate that their
farm be the first to be recommended for designation of
an agricultural district. The4other members agreed.
MOTION: Hogan moved approval of the Planning Director's
recommendation. Seconded by Stewart. VOTE: Unanimous.
b. Rules of Procedure
Presentation by Marvin Collins.