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(A) Purpose. Pursuant to G.S. § 106-740, no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the Agricultural Advisory Board to hold a public hearing on the proposed condemnation. The procedures for such hearings shall be as set forth below.
(B) Procedures.
(1) Establish Public Hearing. Upon receipt of a request for a public hearing, the Agricultural Advisory Board shall have 30 days to set a date for a public hearing on the proposed condemnation pursuant to G.S. § 106-740. No formal initiation of condemnation shall be initiated while the proposed condemnation is properly before the Board within the time limitations set forth in this section.
(2) Notice of Public Hearing. The Board shall run a notice of the public hearing in a newspaper having general circulation in the county at least ten days prior to the date established for the hearing. The notice shall contain the date, time and place of the hearing and shall provide the name of the agency requesting the hearing and the purpose of the condemnation.
(3) Public Hearing. The Advisory Board shall conduct the public hearing and receive information and comments from the agency requesting the condemnation action and the citizens of the county. Additionally, the Board shall review the following:
(a) Has the need for the project requiring the condemnation been satisfactorily shown by the agency requesting the action?
(b) Has a financial impact analysis been conducted by the agency seeking the action?
(c) Have alternatives been considered to the proposed action that are less disruptive to the agricultural activities and farmland base of the voluntary agricultural district within which the proposed action is to take place?
The Board shall invite and allow input by New River Soil and Water Conservation District, the County Cooperative Extension Agent, U.S.D.A. Natural Resources Conservationist, the Farm Service Agency, and may consult with any other individuals, agencies or organizations, public or private, necessary to the Board’s review of the proposed action.
(4) Findings and Notification. Within 30 days after the public hearing, the Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be conveyed to the decision-making body of the agency proposing acquisition and made available to the public for comment.
(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.
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)
(A) Purpose. The purpose of this section is to help meet the needs of agriculture as an industry and prevent conflicts between voluntary agricultural district participants and non-farm landowners in proximity to districts.
(B) Public Notification.
(1) The Advisory Board, in cooperation with the county, shall take measures as set forth below to provide notification to property owners, residents, and other interested persons in and adjacent to any designated agricultural district with a goal of informing all current and potential residents and property owners in and adjacent to an agricultural district, that farming and agricultural activities may take place in this district any time during the day or night.
(a) Signs identifying approved agricultural districts shall be placed along the rights-of- way of major roads.
(b) Information identifying approved districts shall be provided to the Register of Deeds Office, the New River Soil and Water Conservation District, the Cooperative Extension Service, the Farm Service Agency, the Ashe County Planning and Inspections Department, and the Ashe County Tax Department.
(c) The following notice shall be displayed in a prominent position in the office of the Register of Deeds and the public access area in the Ashe County Tax Department:
NOTICE TO REAL ESTATE PURCHASERS IN ASHE COUNTY
ASHE COUNTY AGRICULTURAL DISTRICTS
Ashe County has established agricultural districts to protect and preserve agricultural lands and activities. These districts have been developed and mapped 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/or in-formation on the location and establishment of these districts can be obtained from the Cooperative Extension Service, County Planning and Inspections Department, Natural Resources Conservation Service, the Farm Service Agency, and the County Tax Department.
(2) 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 chapter.
(C) Expenditure of County Funds for Non-Farm Uses. Prior to expending any monies which would convert land in a voluntary agricultural district to non- farm uses, the county or any other local unit of government shall submit to the Advisory Board detailed information showing that said governmental unit has considered alternatives. Such consideration shall include the criteria listed in § 161.10(B)(3)(a through c).
(D) Waiver of Water and Sewer Assessments.
(1) Purpose. The purpose of this subsection is to help mitigate the financial impacts on farmers by some local and state capital investments unused by such farmers.
(2) Procedure. The waiver procedure shall be as follows:
(a) Landowners belonging to voluntary agricultural districts shall not be assessed for, or required to connect to, water and/or sewer systems.
(b) Water and sewer assessments shall be held in abeyance, without interest, for farms inside a voluntary agricultural district, until improvements on such property are connected to the water or sewer system for which the assessment was made.
(c) When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution.
(d) Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest.
(e) Assessment procedures followed under G.S. § 153A-185 et seq. shall conform to the terms of this section with respect to qualifying farms that entered into preservation agreements while such section was in effect.
(f) Nothing in this subsection is intended to diminish the authority of the county to hold assessments in abeyance under G.S. § 153A-201.
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)
(A) Consultation with N.C. Department of Agriculture and Other Agencies. The Board may consult with the New River Soil and Water Conservation District, the Cooperative Extension office, the Natural Resources Conservation Service office, the Farm Service Agency office, the N.C. Department of Agriculture, and any other such agency the Board deems necessary to properly conduct its business.
(B) Recording the Program Document. An official copy of the program document shall be recorded with the North Carolina Commissioner of Agriculture’s office after adoption. At least once a year, the county shall submit a written report to the Commissioner of Agriculture, including the status, progress and activities of the county’s farmland preservation program, and voluntary agricultural districting information regarding:
(1) Number of landowners enrolled;
(2) Number of acres applied;
(3) Number of acres certified;
(4) Number of acres denied, and
(5) Date certified.
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)
(A) Severability. If any section, subsection, clause, phrase or portion of this chapter is for any reason invalid or unconstitutional as determined by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.
(B) Amendments. This chapter may be amended from time to time after a public hearing, notice of which shall be sent to program participants by first class mail 30 days prior to the hearing, and in consultation with the Agricultural Advisory Board to the Board of Commissioners.
(Ord. passed 7-16-01; Am. Ord. passed 5-2-22)