(A) Application procedure.
(1) A landowner, or landowners, may apply to participate in either the Agricultural District or the Enhanced Agricultural District program by making application, for certification of qualifying farmland to be included in a District or Enhanced District, to the chairperson of the Advisory Board or a designated staff person, and must designate the application as for either Voluntary Agricultural District status or Enhanced District status. The application shall be on forms provided by the Advisory Board.
(2) A conservation agreement (required by G.S. §§ 106-737 and 160-743.3, and defined in G.S. § 121-35) suited to district type (Voluntary Agricultural District or Enhanced Voluntary Agricultural District) as designated by the landowner(s) to sustain, encourage, and promote agriculture must be executed by the landowner(s) and recorded with the Advisory Board, which shall record a certified copy of such with the County Registrar of Deeds. Permitted uses include agriculture, horticulture, forestry, and outdoor recreation. Conservation agreements for the Enhanced Agricultural District program may, at the election of the parties, include provisions requiring that any disputes between the county and the landowner be resolved through arbitration or mediation, and, in the event of litigation, that the prevailing party be awarded costs, including reasonable attorney fees. The conservation agreement for the Enhanced Voluntary Agricultural District shall be binding upon all successors in interest to the landowner, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded the conservation agreement.
(B) Approval process.
(1) Upon receipt of an application, the Chairperson will forward copies immediately to the following offices which shall be asked to provide comments, if any, to the Advisory Board prior to the date set for the Advisory Board vote on the application:
(a) The County Tax Assessor;
(b) The Soil and Water Conservation District Office;
(c) The County Development Services Office; and
(d) The Natural Resources Conservation Service.
(2) Upon submission of the application to the Advisory Board, the Advisory Board shall meet to approve or disapprove the application. The Chairperson shall notify the applicant by first class mail of approval or disapproval of participation in the district.
(C) Appeal. If an application is denied by the Advisory Board, the landowner may, within 15 days of notification of disapproval of the application, request in writing that the Advisory Board reconsider its decision. The request for reconsideration shall state the reason(s) therefor. Upon either an initial denial, if no request for reconsideration was made, or denial after reconsideration, the landowner shall have 30 days from the date of notification 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.
(1996 Code, § 157.08) (Ord. passed 1-7-2008; Ord. passed - -2018; Ord. passed 3-7-2022)