Agenda - 04-17-2012 - 5f; EVAD - McPherson

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4 2 • The ability to use the 10-year period to stabilize use of land and consider longer-term and estate options — including permanent conservation options. The County's Voluntary Farmland Protection Ordinance (VFPO) outlines a procedure for the Agricultural Preservation Board to review and approve applications and make recommendations to the Board of Commissioners concerning the establishment of both VAD and EVAD farms. As part of this review, certification as qualifying farmland and eligibility for the program must be verified by local offices, including the Soil and Water Conservation District and the Orange County Tax Supervisor. EVAD applications must meet the same criteria as VAD farms, and the McPherson farm eligibility has been certified by these agencies (see attachments). On January 18, 2012, the Agricultural Preservation Board reviewed the findings of the staff assessment and voted unanimously to recommend approval of the certification of the 46.5 acre farm and its inclusion as an Enhanced Voluntary Agricultural District. The farm is located within the Cane Creek/Buckhorn Voluntary Agricultural District. To complete the designation process for an EVAD, the Board of Commissioners must approve that the farm meets the certification requirements. Following Board approval, the property owner(s) sign a binding conservation agreement between Orange County and the owner(s) that prohibits non-farm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable Orange County zoning and subdivision regulations. At the end of the 10-year term, the conservation agreement automatically renews for three additional years unless the landowner provides advance written notice to the County as provided in the General Statutes. If the landowner leaves the program, the property is no longer eligible for the EVAD benefits listed above. Approval of the McPherson Farm as the County's first EVAD will also push the acreage of farms participating in the agricultural districts program over the 3,000 acre mark (3,003). FINANCIAL IMPACT: There is no fiscal impact associated with this approval. As noted, the McPherson Farm is under an existing conservation easement with Orange County and the Orange Water and Sewer Authority approved in 2005. The addition of the EVAD designation does not provide any monetary compensation from the County, or change the property's tax valuation (already addressed by the conservation easement). RECOMMENDATION(S): The Manager recommends that the Board certify 46.5 acres of the McPherson Farm as denoted in the attached documentation as qualifying farmland, and designate it as an Enhanced Voluntary Agricultural District farm within the Cane Creek/Buckhorn voluntary agricultural district.