Orange County NC Website
)7 [Ratified] Page 2 of 8 <br />conservation agreement as 'defined in G.S. 121-35, that meets the condition set forth in <br />G.S. 106-743.2 by the landowners of the requisite acreage to sustain agriculture in the <br />enhanced voluntary agricultural district. <br />That the form of the agreement under subdivision (2) of this subsection be reviewed and <br />approved by an agricultural advisory board established under G.S. 106 -739, or other <br />iaoverniniz board of the county or cily that adopted the ordinance. <br />That each enhanced voluntm agricultural district have a representative on the agricultural <br />advisory board'established under G.S. 106 -739. <br />The purpose of establishing an enhanced voluntary agricultural district is to allow a county or a <br />T to provide additional benefits to farmland be and that available in a volunta agricultural district <br />iblished under Part 2 of this Article when the owner of the farmland agrees to the condition imposed <br />ter G.S. 106-743.2. The county or city that adopted the ordinance may take any action it deems <br />)ropriate to encourage the formation of these districts and to further their purposes and objectives. <br />(cj A county ordinance adopted pursuant to this Part is effective within the unincorporated areas of <br />county. A city ordinance adopted pursuant to this Part is effective within the corporate limits of the city. <br />,ity may amend its ordinances in accordance with G.S. 160A -3 83.2 with regard to agricultural districts <br />:hin its planning jurisdiction. <br />A county or city ordinance adopted pursuant to this Part may be adopted simultaneously with the <br />ration of a voluntary agricultural district pursuant to G.S. 106 -738. <br />106- 743.2. Conservation agreements for farmland in enhanced voluntary agricultural districts; <br />limitation. <br />A conservation agreement entered into between a county or city and a landowner pursuant to <br />S. 106-743.1(a)(2) shall be irrevocable for a period of at least 10 years from the date the agreement is <br />.cuted At the end of its term, a conservation agreement shall automatically renew for a term of three <br />irs, unless notice of termination is given in a timely manner by either par1y as. prescribed in the ordinance <br />ablishing the enhanced voluntary agricultural district. The benefits set forth in this Part shall be available <br />the farmland that is the subject of the conservation agreement for the duration of the conservation <br />reement. <br />106 - 743.3. Enhanced voluntary agricultural districts entitled to all benefits of voluntary <br />agricultural districts. <br />The provisions of G.S. 106 -739 through G.S. 106 -741 and G.S. 106 -743 apply to an enhanced voluntary <br />ricukdral district under this Part to an ordinance adopted under this Part, and to any person, entity; or <br />mland subject to this Part in the same manner as they apply under Part 2 of this Article. <br />106 - 743.4. Enhanced voluntary agricultural districts; additional benefits. <br />O Property that is subject to a conservation agreement under G.S. 106 -743.2 that remains in effect <br />W receive up to twenty -five percent 25 %0 of its gross sales from the sale of nonfarm products and still <br />alify as a bona fide farm that is exempt from zoning. regulations under G.S. 153A- 340(b). For purposes of <br />S 153A- 340(b), the production of any nonfarm product that the Department of Agriculture and Consumer <br />rvices recognizes as a Goodness Grows in North Carolina product that is produced on a farm that is <br />bject to a conservation agreement under G.S. 106-743.2 is a bona fide farm purpose. A farmer seeking to <br />nefit from this subsection shall have the burden of establishing that the property's sale of nonfarm products <br />1 not exceed twenty-five percent 25% of its gross sales. A coun ty may ado t an ordinance pursuant to <br />is 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 G.S. 153A -340 <br />o <br />O A person who farms land that is subject to a conservation agreement under G.S. 106 -743.2 that <br />mains in effect is eligible under G.S. 143-215.74(b) to receive the higher percentage of cost -share funds <br />r the benefit of that farmland under the Agriculture Cost Share Program established pursuant to Part 9 of <br />-ticle 21 of Chanter 143 of the General Statutes for funds to benefit that farmland. <br />U State departments, institutions, or agencies that award grants to farmers are encouraged to give <br />iority consideration to any person who farms land that is subject to a conservation agreement under <br />.S. 106 -743.2 that remains in effect. <br />106 - 743.5. Waiver of utility assessments. <br />Ca) In the ordinance establishing an enhanced voluntary agricultural district under this Part, a county <br />a city may provide that all assessments for utilities provided by that county or city are held in abeyance, <br />ith or without interest, for farmland subject to a conservation agreement under G.S. 106 -743.2 that remains <br />effect until improvements on the farmland property are connected to the utility for which the assessment <br />as made. <br />((b) The ordinance may provide that, when the period of abeyance ends, the assessment is payable in <br />Lp: / /www.nega.state.ne.us/ Sessions / 2005 /Bills/House/HTML/H607v5.html 09/12/2005 <br />