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6 <br /> (5) Receive the available moisture needed to produce high yields for an average of eight(8) <br /> out of ten(10)years; <br /> OR be one on which at least two-thirds of the land has been actively used in agricultural, <br /> horticultural or forestry operations as defined in the N.C. General Statutes, Section 105-277.2(1,2, <br /> and 3),during each of the five(5)previous years,measured from the date on which the <br /> determination must be made as to whether the land in question qualifies. <br /> C. Be managed,if highly erodible land exists on the farm,in accordance with the Seil^eftsefy <br /> Natural Resources Conservation Service defined erosion-control practices as specified in the <br /> 1985 Food Security Act. <br /> d. Be the subject of a conservation agreement,as provided in Article 4 of Chapter 121 of the N.C. <br /> General Statutes,between Orange County and the owner of such land that prohibits non-farm use or <br /> development of such land for a period of at least ten(10)years,except for the creation of not more <br /> than three(3)lots that meet applicable Orange County zoning and subdivision regulations. <br /> D. APPLICATION AND CERTIFICATION PROCEDURES <br /> A farmland owner may apply for either certification as qualifying farmland or for qualifying farmland certification <br /> and designation as a voluntary agricultural district. For a farmland owner to receive the benefits provided by this <br /> ordinance,the farm must be certified as qualifying farmland by the <br /> Agricultural Preservation Board and designated as a voluntary agricultural district by the Board of County <br /> Commissioners. <br /> 1. Applications for qualifying farmland certification and for voluntary agricultural district designation shall be <br /> made to the Orange County Plaming Environment and Resource Conservation Department on forms <br /> provided by that department. <br /> 2. The Plaming Environment and Resource Conservation Department shall review each application for <br /> completeness. When complete,the application shall be forwarded to: <br /> a. The Orange County Tax Supervisor's Office;and <br /> b. The local office of the Natural Resources Conservation Service of the <br /> United States Department of Agriculture. <br /> Within 30 days of receiving an application,the above offices shall evaluate the application for compliance <br /> with the requirements of Section V.D.2.above and return their findings to the Planning Environment and <br /> Resource Conservation Department. The Plan Environment and Resource Conservation <br /> Department shall present the application for consideration at the first meeting of the <br /> A&iser-y Bee Agricultural Preservation Board,following receipt of the findings of the above <br /> offices. <br /> 3. Within 60 days of receipt of the findings of the Orange County Tax Supervisor and Seil G,.mseF a <br /> Natural Resources Conservation Service offices,the Board will render a decision regarding the <br /> application of qualifying farmland status,and,if applicable,prepare a recommendation to the Board of <br /> County Commissioners regarding the establishment of a voluntary agricultural district. The Chair will notify <br /> the applicant by mail of the Board's decision as to whether the real property for which certification is sought <br /> satisfies the criteria established in Section V and has been certified as qualifying farmland. If application <br /> was also sought for designation as a voluntary agricultural district,the Chair will notify the applicant of the <br /> Board's recommendation concerning such designation. <br /> 4. Upon receipt of the recommendation of the Board,the Board of County Commissioners may consider an <br /> application for establishment of a voluntary agricultural district. In deciding whether to establish a district, <br /> the Board of County Commissioners shall consider the findings of the Orange County Tax Supervisor and <br /> Seil Gensefva Natural Resources Conservation Service offices as well as the recommendation of <br /> the Board. <br /> 5. Upon approval by the Board of County Commissioners,the establishment of a voluntary agricultural district <br /> shall become effective upon recordation of a conservation agreement,prepared in accordance with Section <br />