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<br />November 21, 2005 (Regular Meeting) <br /> <br />[Q)[g1ffi\~lr <br /> <br />Page <br /> <br />412 <br /> <br />ARTICLE VII <br />CERTIFICATION AND QUALIFICATION OF FARMLAND <br /> <br />Requirements <br /> <br />To secure county certification as qualifying farmland, a farm must: <br /> <br />1) Be participating in the farm present-use-value taxation program <br />established by N.C.G.S. 5105-277.2 through 5105-277.7, or is <br />otherwise determined by the county to meet all the qualifications <br />of this program set forth in G.S. 105-277.3 ; <br /> <br />2) Have been actively used in agricultural, horticultural or forestry <br />operations as defined by N.C.G.S. 5105-277.2 (1,2,3) during each of <br />the five previous years, measured from the date on which the <br />determination must be made as to whether the land in question <br />qualifies; <br />Be the subject of a conservation agreement, as defined in N.C.G.S. <br />5121-35, between the county and the owner of such land that <br />prohibits non-farm use or development of such land for a period of <br />at least ten years, except for the creation of not more than five <br />lots that meet applicable county zoning and subdivision <br />regulations. <br /> <br />3) Agree to the conservat~on agreement between Cabarrus County and the <br />owner that the Enhanced Voluntary Agricultural District cannot be <br />revoked for at least 10 years. <br /> <br />ARTICLE VIII <br />APPLICATION, APPROVAL, AND APPEAL PROCEDURE <br /> <br />A. Application Procedure <br />1. A landowner may apply to participate in either program by making <br />application to the chairperson of the Advisory Board or a <br />designated staff person. The application shall be on forms <br />provided by the Advisory Board. The application to participate in <br />a district may be filed with the certification for qualifying <br />farmland. <br /> <br />2. A conservation agreement to sustain, encourage, and promote <br />agriculture must be executed by the landowner and recorded with the <br />Advisory Board. Permitted USeS include agriculture, horticulture, <br />forestry, and outdoor recreation. <br /> <br />B. Approval Process <br />1. Upon submission of the application to the Advisory Board, the <br />Advisory Board shall meet quarterly to approve or disapprove the <br />application. The chairperson shall notify the applicant by first <br />class mail of approval or disapproval of participation in the <br />district. <br /> <br />2. upon receipt of an application, the chairperson will forward copies <br />immediately to the following offices which shall be asked to <br />provide comments, if any, to the Advisory Board prior to the date <br />set for the Advisory Board vote on the application. <br /> <br />a. The Cabarrus County tax assessor; <br />b. The Cabarrus Soil and Water Conservation District office; <br />c. The Natural Resources Conservation Service; and <br />d. The North Carolina Cooperative Extension Office; and <br />e. The Cabarrus County Commerce Department <br /> <br />C . Appeal <br />If an application is denied by the Advisory Board, the petitioner shall <br />have thirty (30) days to appeal the decision to the Board of <br />Commissioners. Such appeal shall be presented in writing. The decision <br />of the Board of Commissioners is final. <br /> <br />ARTICLE IX <br />REVOCATION AND RENEWAL OF PRESERVATION AGREEMENT <br /> <br />A. Revocation <br />By providing 30 days advance written notice to the Advisory Board, a <br />landowner of qualifying farmland may revoke the Preservation Agreement or <br />the Advisory Board may revoke the same Preservation Agreement based on <br />noncompliance by the landowner, subject to the same provisions as <br /> <br />~)-3 <br />