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04- 12 -'02 09:50 FROM- Coleman Gledhill.& H 9191234567 ,-AW OFFICES COLEMAN, GLEDHILL & HARGRAVE A FROMENONAL CoRPOK TION 129 E. TRYON M7MT K U. L)KAWEX 029 F LU- 90ROUGW, D102-TK CA3JOL11�1A 17178 919.992.2196 April 12, 2002 rAx 919.73744 WEBSM WWW.CGANr)KCOM Mr. David Stancil Director Orange County Environment and Resource Conservation Department Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Farmland Preservation Program Dear Dave: T -944 P02/03 U -160 ATTACHMENT #3 PPLOM M Dul: of GEOFFREY E. GLH)HILY. &,Mail:. eeolfr+rrQ:edh4 *t"hoom Z have reviewed the documents that you provided to me with an eye toward simplifying the Voluntary Agricultural District application form and the Agricultural Conservation Agreement used by Orange County for its Voluntary Farmland Preservation Program. Enclosed aie documents which I think achieve that goal consistent with the Farmland Preservation Enabling Act, Article 61 of Chapter 106 of the North Carolina General Statutes. One of the things I looked at is the short -form combination application and conservation agreement. In my view it is not possible to.combine these two instruments..consistent with the Enabling Act. The Enabling Act requires a conservation agreement between the farmer and the county that conforms to C.S. § 121- 35. This is not achi©ved by the combined document that you sent to me for review. I also looked at the Durham County, Chatham County and Alarnance County program documents you provided me. I think the Durham County Code provisions best capture the sense of what is required of a farmland preservation program in. the same way that Orange County has implemented its farmland preservation program. However, all three ordinances (and Orange County's) make clear that one of the requirements for qualifying farmland and placing farmland in a voluntary agricultural district is that the land be subject to a conservation agreement as defined in G.S. § 121 -35. A G.S. § 121 -35 conservation