An ordinance of the board of county commissioners entitled, "Voluntary Farmland Preservation Program Ordinance."

(Ord. of 6-5-01, art. I)

The sections of this program are adopted pursuant to authority conferred by N.C.G.S. §§ 106-735—106-743.

(Ord. of 6-5-01, art. II; Ord. of 3-21-23(1))

The purposes of this article are to promote agricultural values and general welfare of the county and more specifically to increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture; and decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors.

(Ord. of 6-5-01, art. III; Ord. of 3-21-23(1))

The following are defined for purposes of this article:

Advisory board: Cleveland County Agricultural Advisory Board.

Board of commissioners: Cleveland County Board of Commissioners.

Chairman: Chairman of the Cleveland County Agricultural Advisory Board.

District: Voluntary agricultural district as established by this article.

(Ord. of 6-5-01, art. IV)

(a)

Creation. The board of commissioners establishes an agricultural advisory board to implement the provisions of this program.

(b)

Membership. The advisory board shall consist of seven (7) members appointed by the board of commissioners.

(c)

Membership requirements.

(1)

Each advisory board member shall be a county resident.

(2)

All members shall be actively engaged in the production of agriculture.

(3)

The members shall be selected for appointment by the board of commissioners from the names of individuals submitted to the board of commissioners by the soil and water conservation district, the cooperative extension service, the farm service agency committee, and the county farm bureau with an effort to have the broadest geographical representation possible.

(d)

Tenure. The initial board shall consist of two (2) appointees for terms of one (1) year: two (2) appointees for terms of two (2) years, and three (3) appointees for terms of three (3) years. Thereafter, all appointments shall be for terms of three (3) years with reappointment for one (1) consecutive term permitted, after which the member may be reappointed after a one-year absence from the advisory board.

(e)

Vacancies. Any vacancy on the advisory board shall be filled by the board of commissioners for the remainder of the unexpired term. Vacancies should be filled based on the membership criteria stated in section 12-355(c).

(f)

Removal for cause. Any member of the advisory board may be removed for cause by the board of commissioners subsequent to written charges being presented to the member and after consultation with agricultural advisory board.

(g)

Funding. The funding of the advisory board shall be fixed and amended by the board of commissioners.

(h)

Advisory board procedure.

(1)

Chairman. The advisory board shall elect a chairman and vice-chairman each year at its first meeting each fiscal year. The chairman shall preside over all regular or special meetings of the advisory board. In the absence or disability of the chairman, the vice-chairman shall preside and shall exercise all the powers of the chairman. Additional officers may be elected as needed.

(2)

Jurisdiction. The advisory board may adopt rules of procedure not inconsistent with this article or with other provisions of state law.

(3)

Advisory board year. The advisory board shall use the county fiscal year as its meeting year.

(4)

Meetings. Meetings of the advisory board shall be held at the call of the chairman and at such other times as the advisory board may specify in its rules of procedure. Notice of any meetings to the members shall be in writing, unless otherwise agreed to by all advisory board members. A quorum of the advisory board must be present to conduct business. A quorum will consist of a majority. All meetings will be conducted in compliance with the state open meetings law.

(5)

Majority vote. The concurring vote of a majority of the members of the advisory board present shall be necessary to decide in favor of an applicant; or to pass upon any other matter on which it is required to act under this article. To reverse any order, requirement, decision, or determination of the agricultural advisory board the concurring vote of a majority of all members of the advisory board shall be necessary.

(6)

Records. The advisory board shall keep minutes of the proceedings showing members present, the vote upon each question, and shall keep records of its examination and other official actions, all of which shall be filed in the office of the advisory board and shall be a public record.

(i)

Duties. The advisory board shall:

(1)

Review and approve applications for qualified farmland and voluntary agricultural districts and make recommendations to the board of commissioners concerning the establishment and modification of agricultural districts;

(2)

Conduct public hearings;

(3)

Advise the board of commissioners on projects, programs, and issues affecting the agricultural economy or activities within the county that will affect agricultural districts;

(4)

Review and make recommendations concerning proposed amendments to this article;

(5)

Study additional methods of farmland preservation and make recommendations to the board of commissioners; and

(6)

Perform other agricultural related tasks or duties assigned by the board of commissioners.

(Ord. of 6-5-01, art. V; Ord. of 3-21-23(1))

(a)

Implementation. To implement the purposes stated in section 12-353, this program provides for the creation of voluntary agricultural districts, which must meet the following standards:

(1)

The district shall contain a minimum of fifty (50) contiguous acres of qualified farmland: or

(2)

The district shall contain two (2) or more qualified farms which contain a minimum of fifty (50) acres and are located within a mile of each other.

(b)

Encourage formation. The county may take such action as it deems appropriate through the advisory board or other entities or individuals to encourage the formation of the districts and to further their purpose and objectives, including the implementation of a public information program to reasonably inform landowners of the farmland preservation program.

(c)

Display. The districts shall be marked on county maps displayed for public view in the following offices:

(1)

Register of deeds.

(2)

Planning department.

(3)

Soil and water conservation district.

(4)

Cooperative extension.

(5)

County land records.

(6)

Any other office deemed necessary by the advisory board.

(d)

Withdrawal. If one (1) or more participants in the district withdraw and the acreage in the district becomes less than the minimum acreage required or results in the remaining land being non-contiguous, a voluntary agricultural district will continue to exist so long as there is one qualifying farm.

(Ord. of 6-5-01, art. VI; Ord. of 3-21-23(1))

(a)

Requirements.

(1)

To secure county certification as qualifying farmland, a farm must be real property that:

a.

Is used for bona fide farm purposes, as that term is defined in N.C.G.S. § 106-743.4(a) and N.C.G.S. § 160D-903;

b.

Is managed in accordance with the soil conservation service defined erosion control practices that are addressed to highly erodible land; and

c.

Is 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 nonfarm 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 county and municipal zoning and subdivision regulations. The form of the conservation agreement shall be approved by the county's agricultural advisory board created under N.C.G.S. § 106-739.

(Ord. of 6-5-01, art. VII; Ord. of 3-21-23(1))

(a)

Application procedure.

(1)

A landowner may apply to participate in the program by applying to the chairman of the advisory board or a designated staff person. The application shall be on forms provided by the advisory board. The application to participate in a district may be filed with the certification for qualifying farmland.

(2)

An agreement to sustain, encourage and promote agriculture must be executed by the landowner and recorded with the advisory board.

(b)

Approval process.

(1)

Upon submission of the application to the advisory board, the advisory board shall meet within sixty (60) days to approve or disapprove the application. The chairman shall notify the applicant by first class mail of approval or disapproval of participation in the district.

(2)

Upon receipt of an application the chairman will forward copies immediately to:

a.

The county tax assessor's office: and

b.

The county soil and water conservation district and the natural resources conservation service.

The offices shall evaluate, complete and return their copies to the chairman within thirty (30) days of receipt.

(c)

Appeal. If an application is denied by the advisory board, the petitioner has thirty (30) days to appeal the decision to the board of commissioners. Such appeal shall be presented in writing. The decision of the board of commissioners is final.

(Ord. of 6-5-01, art. VIII; Ord. of 3-21-23(1))

By written notice to the advisory board, a landowner of qualifying farmland may revoke the preservation agreement. The advisory board may revoke the same preservation agreement based on non-compliance by the landowner, subject to the same provisions as contained in section 12-358 for appeal of denials. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a district.

(Ord. of 6-5-01, art. IX; Ord. of 3-21-23(1))

(a)

Purpose. Pursuant to N.C.G.S. § 106-740 which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a district until such agency or unit has requested the advisory board to hold a public hearing on the proposed condemnation, this article provides for such hearings.

(b)

Procedure.

(1)

Upon receiving a request, the advisory board shall publish notice describing the proposed action in the appropriate newspapers of county within five (5) business days of the request, and it will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within thirty (30) days of receipt of the request.

(2)

The advisory board shall meet to review:

a.

If the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved.

b.

Alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the district within which the proposed action is to take place.

(3)

Land value will not be a factor in the selection between properties under consideration for the proposed action.

(4)

Within ten (10) days after the public hearings, the advisory board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be made available at the office of the advisory board for a period of ten (10) days for public comment prior to its being conveyed to the decision-making body of the agency proposing acquisition.

(5)

Pursuant to G.S. § 106-740, the board of commissioners shall not permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the advisory board within these time limitations.

(6)

Prior to initiating condemnation proceedings which would convert land in a district to non-farm uses: the county or any other local unit of government shall submit to the advisory board a statement that the governmental unit has considered alternatives to condemning farm land in the district.

(Ord. of 6-5-01, art. X; Ord. of 3-21-23(1))

(a)

Procedure.

(1)

Upon certification of qualifying farmland and designation of real property as a district, the county geographic informational system shall be changed to include a notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located one-half mile of the property line of any tract of land enrolled in a voluntary agricultural district.

(2)

The following notice shall be posted in the office of the register of deeds:

"Notice to Real Estate Purchasers in Cleveland County"
Cleveland County Agricultural Districts

Cleveland County has established agricultural districts to protect and preserve agricultural lands and activities. These districts have been developed and mapped by the county to inform all purchasers of real property that certain agricultural activities, including, but not limited to, pesticide spraying, manure spreading, machinery and truck operations, livestock operations, sawing, and similar activities may take place in these districts any time during the day or night. Maps and information on the location and establishment of these districts can be obtained from the Register of Deeds Office, the Natural Resource and Conservation Service Office, and the Building Inspector's Office.

(b)

Limit of liability. In no event shall the county or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance or nonfeasance occurring in good faith in connection with the duties or obligations imposed by this article.

(c)

No cause of action. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this article.

(Ord. of 6-5-01, art. XI; Ord. of 3-21-23(1))

Developers of major subdivision or planned unit developments shall designate on preliminary development plans, the existence of the districts within one-half (½) aerial mile of the proposed development.

(Ord. of 6-5-01, art. XII)

(a)

No assessment. A landowner belonging to the district shall not be assessed for or required to connect water and/or sewer systems.

(b)

Abeyance. Water and sewer assessments will be held in abeyance, without interest, for farms, whether inside or outside of a district until improvements on such property are connected to the water or sewer system for which the assessment was made.

(c)

Termination of abeyance. When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution.

(d)

Suspension of statute of limitations. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest.

(e)

Other statutory abeyance procedures. Nothing in this section is intended to diminish the authority of the county to hold assessment in abeyance under N.C.G.S. § 153A-201.

(Ord. of 6-5-01, art. XIII; Ord. of 3-21-23(1))

The advisory board may consult with the cooperative extension office, the county soil and water conservation district, natural resources conservation service office, the state department of agriculture and consumer services, the county farm bureau, the state farm bureau, the county board of commissioners, and any other such agency the advisory board deems necessary to properly conduct its business.

(Ord. of 6-5-01, art. XIV)

Record annually with the state department of agriculture and consumer services. A record of this article shall be recorded with the state commissioner of agriculture's office after adoption. At least once a year the county shall submit a written report to the commissioner of agriculture concerning the status, progress and activities of the county's farmland preservation program, including district information regarding:

(1)

Number of landowners enrolled.

(2)

Number of acres applied.

(3)

Number of acres certified.

(4)

Number of acres denied.

(5)

Date certified.

(Ord. of 6-5-01, art. XV)