(A) New preserves.
(1) Contiguous parcels in common ownership. An agricultural preserve shall be created only from one parcel, or portion thereof; or from two or more contiguous parcels, or portions thereof, in a common ownership. For purposes of this section, preserves separated by public roads or other public works shall be deemed to be “contiguous”.
(2) Merger. When an owner of one agricultural preserve acquires any contiguous agricultural preserves the preserves shall merge into one agricultural preserve and the owner shall execute a new contract which incorporates the boundaries of all merged agricultural preserves. There shall be no merger if any of the contiguous agricultural preserves are in non-renewal status.
(3) Preserves; requirements. New agricultural preserves must meet the minimum acreage and minimum income generation requirements specified in division (D)(1) of this section. No new agricultural preserve shall be established unless the Board finds all of the requirements in division (D)(1) of this section are met.
(4) Planned developments. No agricultural preserve shall be created from a parcel which is part of a planned unit development. Nor can a planned unit development be created on any agricultural preserve.
(B) Alterations of existing agricultural preserves.
(1) Enlargements. The minimum acreage and income generation requirements shall not apply to enlargement of existing agricultural preserves. The sole criterion for consideration of the enlargement of an existing agricultural preserve is whether the proposed addition is capable of some agricultural use. However, no agricultural preserve shall be enlarged unless the parcel, or portion thereof, sought to be included is contiguous to the existing agricultural preserve and is owned by the same owner who owns the existing agricultural preserve. An agricultural preserve shall not be enlarged if a notice of non- renewal of the land conservation contract relating thereto has been given either by the owner of the agricultural preserve or by the county prior to the making of an application for enlargement.
(2) Divisions.
(a) Minimum standards. The Board shall approve the division of an existing agricultural preserve only if it finds that the newly created agricultural preserves will each meet the minimum acreage and income generation requirements.
(b) Multiple ownership, non- contiguous parcels. No new agricultural preserves may be created unless the proposed preserves are non-contiguous parcels in common ownership, or contiguous parcels in different ownership or, a combination of both.
(c) Common ownership of contiguous agricultural preserves. When an existing preserve is to be divided and the proposed owner of a portion thereof is the owner of a contiguous agricultural preserve, both the parcel resulting from a division and the existing preserve shall be placed in one preserve; provided that a notice of non-renewal has not been given with respect to either preserve. The division shall not be effective until a new LCA contract incorporating all contiguous preserves is executed.
(d) Dividing an agricultural preserve which is in a non-renewal status. An agricultural preserve which is in a non-renewal status, may be divided, at the discretion of the Board of Supervisors, providing all provisions of this article are met.
(e) Completion of division. No approval of a division shall be deemed final until such time as separate LCA contracts are executed with respect to each new agricultural preserve created by the proposed division.
(3) Adjustment to lot lines.
(a) Lot line adjustments between agricultural preserves. The owners of contiguous preserves may apply to adjust the lot lines between the two preserves. The proposed preserves must meet the minimum acreage and income production requirements specified in division (D)(1) of this section.
(b) Adjustment of the boundary between an agricultural preserve and a non-preserve. A lot line adjustment between an agricultural preserve and a non-preserve shall be treated as an enlargement or a division of the agricultural preserve depending on whether the size of the agricultural preserve is sought to be increased or decreased.
(C) Non-renewals and cancellations. An agricultural preserve may be terminated by non- renewal of the LCA contract or by cancellation of the LCA contract. A notice of non-renewal may be given by either the county or the owner of the agricultural preserve. The procedures specified in the act govern non-renewals and cancellations.
(D) Preserves; requirements.
(1) General. Agricultural preserves must meet both of the following minimum acreage and minimum income generation requirements.
(a) Minimum required acreage. A potential or existing agricultural preserve must consist of one of the following categories of minimum acreage.
1. Ten acres of orchards, vineyards or irrigated vegetable and field crops;
2. Forty acres of irrigated pasture or dry-land farmed land;
3. One hundred sixty acres of grazing land; or
4. A combination of actual acreage in any of the above categories; provided that the sum of the percentages in any of the above categories equals or exceeds 100%. The percentage of acreage in each category is calculated by dividing the actual acreage in each category by the minimum acreage required in that category. For example, a proposed preserve with five acres orchard, ten acres irrigated pasture and 40 acres grazing would not qualify to become a preserve under divisions (D)(1)(a)1., 2. or 3. above. The property would in the example, however, satisfy the minimum acreage requirement under this division by the following computation:
5 actual acres of orchard | 50% |
10 minimum required acres for orchard | |
10 actual acres of irrigated pasture | 25% |
40 minimum required acres | |
40 actual acres of grazing land | 25% |
160 minimum required acres | |
50% + 25% + 25% = 100% | |
(b) Minimum income generation. A new or existing agricultural preserve shall produce a minimum of $3,500 annual gross income from the sale of agricultural commodities. An agricultural preserve shall produce this minimum income amount for three out of every immediately preceding five consecutive year period, absent an act of God which prevents the achievement of this standard. An example of an act of God is an extended drought which prevents the achievement of the minimum income generation requirement. Prior to approving a new agricultural preserve, the Board shall find that the proposed agricultural preserve meets or will meet the minimum income generation standard.
(2) New planting. New plantings of trees, vines or other perennial agricultural crops qualify for the minimum requirement if the potential production is estimated to equal or exceed the minimum income and the plantings satisfy the minimum acreage requirements.
(3) Preserves of less than 100 acres. The requirements of division (D)(1) of this section provide for the creation of agricultural preserves of less than 100 acres under prescribed acreage and income generation requirements. The Board finds that the creation of preserves of less than 100 acres under the conditions prescribed in division (D)(1) of this section is necessary due to existing and desired agricultural practices in the county. The Board further finds that the establishment of agricultural preserves of less than 100 acres is consistent with the General Plan of the county.
(4) Road improvements. In the event a proposed new agricultural preserve will have less than the minimum acreage required, the agricultural preserve shall still qualify if this division is applicable. Acreage of up to one acre of contiguous county or state road can be used by an applicant to satisfy the minimum acreage requirement, if all of the following requirements are met:
(a) The acreage was transferred in fee simple absolute to the county or to the state;
(b) The county or the state still holds title to the property;
(c) The property is contiguous to the proposed agricultural preserve;
(d) The property is public thoroughfare; and
(e) The proposed agricultural preserve meets or exceeds the minimum income production requirements.
(5) Failure to continue to meet minimum acreage and income generation requirement.
(a) Failure to meet the requirements. An owner of an agricultural preserve shall non-renew the LCA contract if the agricultural preserve fails to meet or exceed the minimum acreage or income generation requirements. The notice of non-renewal shall be given before the owner of an agricultural preserve takes any action to reduce acreage. The failure to maintain the minimum acreage or income generation requirements without giving a notice of non-renewal constitutes a violation of this article. The failure to meet these requirements also constitutes a basis for nonrenewal of the LCA contract by the county.
(b) Submission of supporting information. Annually, by November 30, each year the owner of an agricultural preserve shall provide to the Assessor supporting documentation to establish that the income production and acreage requirements have been met during the preceding year.
(1966 Code, § 18A-2) (Ord. 582, § 2(part); Ord. 672, § 1)