Agenda - 02-02-2010 - 4j; VAD - Woods Family Farm

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2 b. Have good soil qualities; c. Are favorable for all major crops common to the county where the land is located; d. Have a favorable growing season; and e. Receive the available moisture needed to produce high yields for an average of eight out of ten years; OR Have been actively used in agricultural, horticultural or forestry operations as defined by N.C.G.S. §105-277.2 (1, 2, 3) during each of the five previous years, measured from the date on which the determination must be made as to whether the land in question qualifies; 4. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly-erodible land; and 5. Be the subject of a conservation agreement, as defined in N.C.G.S. §121-35, between the County and the owner of such land that prohibits non-farm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable County zoning and subdivision regulations. The Woods' application for certifying farmland originally included four parcels (see Attachment #1). The application materials, vicinity map, soil analysis map and chart orwarded to the Orange Soil and Water Conservation District Office (NRCS) and the Tax Supervisor speak to all four parcels (see Attachments #2, 3 & 4). During the review process, however, it became apparent that two of the parcels did not meet the criteria for inclusion in the VAD program. (One parcel is not eligible for the Present Use- Value taxation program; the other parcel is not contiguous.) The Orange NRCS/Soil and Water Conservation District Office and the Tax Supervisor have provided memoranda (Attachments #3 and #4) that indicate that only two tracts comply with the certification requirements. These two parcels, identified in the draft conservation agreement as Exhibit A and Exhibit B (see Attachment #5), contain more than 80 acres thereby exceeding the minimum acreage requirement for the VAD program. To be designated as part of a voluntary agricultural district, the Board of Commissioners must approve that the farm meets the certification requirements. Following BOCC approval, the property owner(s) sign a 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. The property owner(s) may leave the program by providing a written notice (see Attachment #5). On October 21, 2009 the Agricultural Preservation Board voted unanimously to approve the certification of the two adjacent tracts (TMBL# 2.35..21 and TMBL# 2.33..7F). The Agricultural Preservation Board recommends the designation of the Woods' two tracts, totaling 83.5 acres as a certified qualifying farm in the Caldwell Voluntary Agricultural District. The addition of the Woods Farm would increase the number of farms in the VAD program to 15 and the total number of acres to 2,848.