Agenda - 10-21-2008 - 3b; VAD - McAdams Farm

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2 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. At 191.4 acres, the three McAdams tracts exceed the 20-acre minimum to participate in the Voluntary Agricultural District (VAD) program. The Orange Soil and Water Conservation District Office (NRCS) and the Tax Supervisor have provided memoranda (attached) which indicate that the farm complies with the certification requirements outlined in the VFPO (see Attachments #3 and #4). To be designated as part of a voluntary agricultural district, the Board of Commissioners must approve the application in accordance with documentation that the farm meets the certification requirements. Following BOCC approval, the property owner(s) sign a conservation agreement, as provided in the North Carolina General Statutes, 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 request. The Agricultural Preservation Board voted unanimously to approve the certification of the McAdams Farm as qualifying farmland at its September 17, 2008 meeting. The property includes two McAdams Properties LLC tracts (TMBL#3.13..9 and #3.13..13E), and one additional tract owned by Howard and Karen McAdams (TMBL# 3.13..13C). The Agricultural Preservation Board recommends the designation of the McAdams Farm totaling just less than 192 acres as a certified qualifying farm in the High Rock-Efland Voluntary Agricultural. District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. Voluntary agricultural districts are non-monetary conservation agreements. RECOMMENDATION(S): The Manager recommends that the Board certify the McAdams Farm as qualifying farmland and designate it as the second farm within the High Rock/Efland Voluntary Agricultural District.