(A) Procedures applicable to all applications. The procedures specified in this section shall apply to all applications whether the applicant seeks to establish a new agricultural preserve, alter existing agricultural preserves or obtain a determination of compatible uses. The applications include, but are not limited to, applications to establish a new agricultural preserve, to enlarge an existing agricultural preserve, to divide an existing agricultural preserve, to adjust the lot line of agricultural preserves, to cancel an agricultural preserve, or to obtain a determination of compatible use of an agricultural preserve.
(B) Application period. All applications shall be filed during either of two applications periods:
(1) Application period. The application periods are:
(a) March 1, through and including March 31; and
(b) September 1, through and including September 30.
(2) Mandatory time periods. No applications shall be accepted unless filed with the county’s Assessor during either of the periods of time specified in this section. There shall be no waiver of this filing period requirement. All applications shall be made upon forms furnished by the County Assessor.
(C) Application fee. Each application shall be accompanied by a non-refundable fee in an amount to be determined by resolution of the Board of Supervisors.
(D) Contents of application. The application shall identify the owner, locate the property, indicate the size of the property, state any current or proposed uses of the property and provide any information relevant to the application.
(E) Review of application by Agricultural Preserve Advisory Committee.
(1) Upon the filing of an application, the County Assessor shall check and verify for accuracy the application, and forward the application to the Agricultural Preserve Advisory Committee for review and recommendation.
(2) Upon the conclusion of the review by the Agricultural Preserve Advisory Committee, the County Assessor shall forward the application along with the Committee’s determination to the County Clerk who shall give notice in the manner required by the Act.
(F) Consideration of application by the Board.
(1) Public hearing. The Board shall, by written resolution, authorize the establishment of an agricultural preserve, alteration of an agricultural preserve or make a determination of compatible uses of an agricultural preserve, only after conducting a public hearing; provided, however, that all of the requirements of this article and the Act are satisfied.
(2) Completed documents. Prior to the hearing upon each application, the applicant shall file with the Assessor all required documents, fully executed by the applicant. All new contracts, enlargements of contracts, divisions of existing contracts or lot line adjustments must include a complete legal description or survey adequate to identify the land and acreage in each proposed preserve. Assessor’s parcel numbers may be substituted for a legal description or survey if they exactly correspond to the boundaries of the proposed preserve.
(G) Establishment of agricultural preserves. A new agricultural preserve is established only when all requirements of this article and the act are satisfied, when all conditions of approval are fulfilled, and when a land conservation contract is executed by the owner of the potential agricultural preserve and by the county.
(H) Time for completion. An applicant shall complete the creation of a new preserve, the enlargement or division of an existing agricultural preserve or the adjustment of a lot line of an agricultural preserve within two years from the date the Board grants its approval. An agricultural preserve shall not be created until all of the requirements of this article, including, but not limited to, the execution of contracts and the transfer of title, are met, and until all necessary discretionary government approvals are obtained. The failure of an applicant to complete the process within the specified time period for whatever reason, shall void an application and an approval. There shall be no extension of time for this requirement for any reason. The application shall not be subsequently considered or reconsidered unless a new application, accompanied by a new application fee is filed within the application period designated in division (B) of this section.
(1966 Code, § 18A-6) (Ord. 582, § 2(part); Ord. 690, § 1)