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10 <br />PART I - GENERAL ORDINANCES <br />Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM <br />by the Board of Commissioners. <br />(1) Applications for qualifying farmland certification shall be made to the County Department of <br />Environment, Agriculture, Parks and Recreation on forms provided by the Department. <br />(2) The Department of Environment, Agriculture, Parks and Recreation shall review each <br />application for completeness. When complete, the application shall be forwarded to: <br />a. The tax supervisor's office; and <br />b. The local office of the Natural Resources Conservation Service of the United States <br />Department of Agriculture. <br />The Department of Environment, Agriculture, Parks and Recreation shall submit the application along <br />with the findings of the Tax Administration Department and the Natural Resources Conservation <br />Service of the United States Department of Agriculture to the Board at its first regular meeting after <br />expiration of the 30 day period specified in this subsection (a)(2) or any extension thereof. <br />(3) The Board shall render a decision within 60 days of the meeting at which the application and <br />findings of the Tax Administration Department and the Natural Resources Conservation Service of <br />the United States Department of Agriculture were presented for consideration. If applicable, the <br />Board shall prepare a recommendation to the Board of County Commissioners regarding the <br />establishment of a Voluntary or Enhanced Voluntary Agricultural within 60 days of the meeting. <br />(4) Upon receipt of the recommendation of the Board, the Board of Commissioners may <br />consider establishment of a Voluntary or Enhanced Voluntary Agricultural District. In deciding <br />whether to establish an Agricultural District, the Board of Commissioners shall consider the <br />findings of the tax supervisor and Natural Resources Conservation Service offices as well as the <br />recommendation of the Board. <br />(5) Upon approval by the Board of Commissioners, the establishment of a Voluntary or <br />Enhanced Voluntary Agricultural District shall become effective upon recordation of the necessary <br />conservation agreements, prepared in accordance with section 48 -7, subsection 48- 7(a)(5), <br />executed by the landowner and the county, and recorded in the County register of deeds as <br />provided in N.C. Gen. Stat. § 121 -41. <br />(6) Upon recordation of the requisite number of conservation agreements, the Department of <br />Environment, Agriculture, Parks and Recreation will notify the Tax Administration Department of <br />the Agricultural District established. The Agricultural District and each requisite conservation <br />agreement will be identified on the County GIS. <br />(b) Appeal. If an application is denied by the Agricultural Preservation Board, the landowner may, <br />within 15 days of notification of disapproval of the application, request in writing that the Agricultural <br />Preservation Board reconsider its decision. The request for reconsideration shall state the reason(s) <br />therefore. Upon either an initial denial, if no request for reconsideration was made, or denial after <br />reconsideration, the landowner shall have 30 days from the date of notification to appeal the decision to <br />the Board of County Commissioners. Such appeal shall be presented in writing. The decision of the <br />Board of County Commissioners is final. <br />(Ord. of 03 -24 -1992, Art. VIII, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of <br />06 -23 -2005, eff. 06 -23 -2005; Amend. of 04 -20 -2010, eff. 04 -20 -2010) <br />Orange County, North Carolina, Code of Ordinances <br />Page 7 of 13 <br />