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9 <br />PART I - GENERAL ORDINANCES <br />Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM <br />Sec. 48 -7. - Certification and qualification of farmland. <br />Requirements. To secure County certification as qualifying farmland (Certified Qualifying Farm), a farm <br />must: <br />(1) Be located in the unincorporated area of Orange County; <br />(2) Be participating in the farm present- use -value taxation program, for agriculture, horticulture <br />or forestry, established by N.C. Gen. Stat. § 105 -277.2 through § 105 - 277.7, or is otherwise <br />determined by the County to meet all the qualifications of this program set forth in § 105 -277.3 ; <br />(3) Be certified by the Natural Resources Conservation Service of the United States Department <br />of Agriculture as being a farm on which at least two - thirds of the land is composed of soils that: <br />a. Are best suited for providing food, seed, fiber, forage, timber, forestry products, <br />horticultural crops and oil seed crops; <br />b. Have good soil qualities; <br />c. Are favorable for all major crops common to the county where the land is located; <br />d. Have a favorable growing season; and <br />e. Receive the available moisture needed to produce high yields for an average of eight <br />out of ten years; <br />Em <br />Have been actively used in agricultural, horticultural or forestry operations as defined by <br />N.C. Gen. Stat. § 105 -277.2 (1, 2, 3) during each of the five previous years, measured <br />from the date on which the determination must be made as to whether the land in <br />question qualifies; <br />(4) Be managed, if highly erodible land exists on the farm, in accordance with the Natural <br />Resources Conservation Service defined erosion - control practices that are addressed to said <br />highly - erodible land (have a current conservation farm plan and /or forestry management plan <br />associated with the current usages and owner); and <br />(5) Be the subject of a conservation agreement, as defined in N.C. Gen. Stat. § 121 -35, between <br />the County and the owner of such land that prohibits non -farm use or development of such land <br />for a period of at least ten years, except for the creation of not more than three lots that meet <br />applicable County zoning and subdivision regulations. <br />(Ord. of 03 -24 -1992, Art. VII, 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 />Sec. 48 -8. -Application, approval, and appeal procedure. <br />(a) Application and certification procedures. A farmland owner may apply for either certification as <br />qualifying farmland or for qualifying farmland designation. For a farmland owner to receive the benefits <br />provided by this Ordinance, the farm must be certified as qualifying farmland (Certified Qualifying Farm) <br />by the Board and approved and designated as a Voluntary or Enhanced Voluntary Agricultural District <br />Orange County, North Carolina, Code of Ordinances <br />Page 6 of 13 <br />