Agenda - 06-13-2006-5y; VAD - Pearson

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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, This tract exceeds the 20-acre minimum size requirement to participate in the VAD program. The Orange Soil and Water Conservation District Office (NRCS) and the Tax Supervisor have provided memoranda (attached) which indicate that the Pearson 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 that the farm in question 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 (1 Q) 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, At its May 17, 2006 meeting, the Agricultural Preservation Board voted unanimously to approve the certification of Pearson Farm (TMBL # 2,35..5G) as qualifying farmland, The Agricultural Preservation Board recommends the designation of the Pearson Farm totaling 49.62 acres as a certified qualifying farm in the Caldwell 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 Pearson Farm as qualifying farmland and designate it as part of the Caldwell Voluntary Agricultural District.