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7 <br />(3) Are favorable for all major crops common to Orange County; 4/18/00 4 <br />(4) Have a favorable growing season; and <br />(5) Receive the available moisture needed to produce high yields for an <br />average of eight (8) out of ten (10) years; <br />OR <br />be one on which at least two - thirds of the land has been actively used in <br />agricultural, horticultural or forestry operations as defined in the N.C. General <br />Statutes, Section 105 -277.2 (1,2, and 3), during each of the five (5) previous <br />years, measured from the date on which the determination must be made as to <br />whether the land in question qualifies. <br />C. Be managed, if highly erodible land exists on the farm, in accordance with the <br />Natural Resources Conservation Service defined erosion - control practices as <br />specified in the 1985 Food Security Act. <br />d. Be the subject of a conservation agreement, as provided in Article 4 of Chapter <br />121 of the N.C. General Statutes, between Orange County and the owner of such <br />land that prohibits non -farm use or development of such land for a period of at <br />least ten (10) years, except for the creation of not more than three (3) lots that <br />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 <br />farmland certification and designation as a voluntary agricultural district. For a farmland owner to <br />receive the benefits provided by this ordinance, the farm must be certified as qualifying farmland <br />by the Agricultural Preservation Board and designated as a voluntary agricultural district by the <br />Board of County Commissioners. <br />Applications for qualifying farmland certification and for voluntary agricultural district <br />designation shall be made to the Orange County Environment and Resource <br />Conservation Department on forms provided by that department. <br />2. The Environment and Resource Conservation Department shall review each application <br />for 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 United <br />States Department of Agriculture. <br />Within 30 days of receiving an application, the above offices shall evaluate the application <br />for cnmpliance with the requirements of Section V.D.2. above and return their findings to <br />the Environment and Resource Conservation Department. The Environment and <br />Resource Conservation Department shall present the application for consideration at the <br />first meeting of the Agricultural Preservation Board, following receipt of the findings of the <br />above offices. <br />3. Within 60 days of receipt of the findings of the Orange County Tax Supervisor and <br />Natural Resources Conservation Service offices, the Board will render a decision <br />regarding the application of qualifying farmland status, and, if applicable, prepare a <br />recommendation to the Board of County Commissioners regarding the establishment of a <br />