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<br />November 21, 2005 (Regular Meeting) <br /> <br />Page <br /> <br />413 <br /> <br />contained in Article VIII for appeal of denials. Such revocation shall <br />result in loss of qualifying farm status and loss of eligibility to <br />participate in a district. Absent noncompliance by the landowner I <br />neither the Advisory Board nor the Board of Commissioners shall revoke <br />any preservation agreements prior to its expiration. <br /> <br />In the event of the original landowner's death, any surviving heirs have <br />the same 30 days advance written notice consideration for removal from <br />the Preservation Agreement as stated above. <br /> <br />B. Renewal <br />Preservation Agreements shall be deemed automatically renewed for an <br />additional term of 10 years, unless either the Advisory Board or the <br />landowner gives written notice to the contrary no later than 30 days <br />prior to the termination date. <br /> <br />ARTICLE X <br />PUBLIC HEARINGS <br /> <br />A. Purpose <br />Pursuant to N.C.G.S. n06-740, which provides that no state or local <br />public agency or governmental unit may formally initiate any action to <br />condemn any interest in qualifying farmland within a District until such <br />agency or unit has requested the Advisory Board to hold a public hearing <br />on the proposed condemnation. <br /> <br />B. Procedure <br />1. Upon receiving a request, the Advisory Board shall publish notice <br />describing the proposed action in the appropriate newspapers of <br />Cabarrus County within five (5) business days of the request, and <br />will in the same notice notify the public of a public hearing on <br />the proposed condemnation, to be held within ten (10) days of <br />receipt of the request. <br /> <br />2. The Advisory Board shall meet to review: <br />a. Whether the need for the project has been satisfactorily <br />established by the agency or unit of government involved, <br />including a review of any fiscal impact analysis conducted by <br />the agency involved; and <br />b. Whether there are alternatives to the proposed action that have <br />less impact and are less disruptive to the agricultural <br />activities of the District within which the proposed action is <br />to take place. <br /> <br />3. The Advisory Board shall consult with the County Agricultural <br />Extension Agent, the Natural Resources Conservation Service <br />District Conservationist, and any other individuals, agencies, or <br />organizations deemed by the Advisory Board to be necessary for its <br />review of the proposed action. <br /> <br />4. Within five (5) days after the hearing, the Advisory Board shall <br />make a report containing its findings and recommendations regarding <br />the proposed action. The report shall be made available to the <br />public prior to its being conveyed to the decision-making body of <br />the agency proposing the acquisition. <br /> <br />5. There will be a period of ten (10) days allowed for public'comment <br />on the report of the Advisory Board. <br /> <br />6. After the ten (10) day period for public comment has expired, the <br />Advisory Board shall submit a final report containing all of its <br />findings and recommendations regarding the proposed action to the <br />decision making body of the agency proposing the acquisition. <br /> <br />7. The total time period, from the day that a request for a hearing <br />has been received to the day that a final report is issued to the <br />decision making body of the agency proposing the acquisition, shall <br />not exceed thirty (30) days. If the agency agrees to an extension, <br />the agency and the Advisory Board shall mutually agree upon a <br />schedule to be set forth in writing and made available to the <br />public. <br /> <br />8. Pursuant to N.C.G.S. ~106-740, the Board of Commissioners shall not <br />permit any formal initiation of condemnation by local agencies <br />while the proposed condemnation is properly before the Advisory <br />Board. <br />