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APB agenda 101905
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APB agenda 101905
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BOCC
Date
10/19/2005
Meeting Type
Regular Meeting
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Agenda
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SL2005 -0390 <br />Page 2 of 10 <br />y <br />volunta agricultural district. An ordinance ado ted ursuant to this Part shall rovi e: <br />For the establishment of an enhanced voluntary agricultural district that <br />initially consists of at least the number of contiguous acres of agricultural land, <br />and forestland and horticultural land that is part of a qualifying farm under <br />G.S. 106-737 or the number of qualifying farms deemed appropriate by the <br />overning board of the county or city adopting the ordinance. <br />For the formation -of the enhanced voluntary agricultural district upon the <br />execution of a conservation agreement, as de fined in G.S. 121-35, that meets <br />the condition set forth in G.S. 106-743.2 by the landowners of the requisite <br />acreage to sustain agriculture in the enhanced voluntary agricultural district. <br />That the form of the agreement under subdivision (2) of this subsection be <br />reviewed and approved by an agricultural advisory board established under <br />G.S. 106-739, or other governing board of the county or city that adopted the <br />ordinance. <br />(4) That each enhanced voluntary agricultural district have a representative on the <br />agricultural advisory board established under G.S. 106 -739. <br />The purpose of establishing an enhanced voluntary agricultural district is to allow a <br />county or a city to provide additional benefits to farmland beyond that available in a voluntary <br />a ricultural district established under Part 2 of this Article when the owner of the farmland <br />agrees to the condition imposed under G.S. 106-743.2. The county or city that adopted the <br />ordinance may take any action it deems appropriate to encourage the formation of these districts <br />and to further their purposes and objectives. <br />O A county ordinance adopted ursuant to this Part is effective within the <br />unincorporated areas of the county. A city ordinance adopted pursuant to this Part is effective <br />within the corporate limits of the cites A city may amend its ordinances in accordance with <br />G.S. 160A-383.2 with regard to agricultural districts within its planning jurisdiction. <br />O A county or city ordinance adopted ursuant to this Part may be adopted <br />simultaneously with the creation of a voluntary agricultural district pursuant to G.S. 106 -738. <br />106-743.2. Conservation agreements for farmland in enhanced voluntary agricultural <br />districts; limitation. <br />A conservation agreement entered into between a counly or city and a landowner pursuant to <br />G.S. 106-743.1(a 2) shall be irrevocable for a period of at least 10 years from the date the <br />agreement is executed At the end of its term, a conservation agreement shall automatically <br />renew for a term of three years, unless notice of termination is given in a timely manner by <br />either party as prescribed in the ordinance establishing the enhanced voluntary agricultural <br />district The benefits set forth in this Part shall be available to the farmland that is the subject of <br />the conservation agreement for the duration of the conservation agreement. <br />106 - 743.3. Enhanced voluntary agricultural districts entitled to all benefits of voluntary <br />agricultural districts. <br />The proyisi ons of G.S. 106 -739 through G.S. 106 -741 and G.S. 106 -743 apply to an <br />enhanced voluntary agricultural district under this Part, to an ordinance adopted under this Part, <br />and to any person, entity, or farmland subject to this Part in the same manner as they apply <br />under Part 2 of this Article. <br />106 - 743.4. Enhanced voluntary agricultural districts; additional benefits. <br />Property that is subject to a conservation agreement under G.S. 106 -743.2 that <br />remains in effect may receive up to twen -five ercent 25% of its gross sales from the sale of <br />nonfarm products and still qua ify as a bona fide farm that is exempt from zoning regulations <br />under G.S. 153A-340(b). For u oses of G.S. 153A-340(b), the roduction of any nonfarm <br />product that the Department o Agriculture and Consumer Services recognizes as a "Goodness <br />Grows in North Carolina" product that is produced on a farm that is subject to a conservation <br />a reement under G.S. 106 -743.2 is a bona fide farm u ose. A farmer seeking to benefit from <br />this subsection shall have the burden of establishing t at the property's sale of nonfarm products <br />did not exceed twen -five percent �25% of its gross sales A county may adopt an ordinance <br />pursuant to this section that sets forth the standards necessary for proof of compliance. <br />Nothing in this section shall affect the county's authority to zone swine farms pursuant to <br />G.S. 153A- 340(b)(3). <br />http: / /www.nega.state.nc.us/ Sessions/ 2005Bills /House/HTML/H607v6.html 9/21/2005 <br />
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