§ 48-8. Application, approval, and appeal procedure.

(a)

Application and certification procedures. A farmland owner may apply for either certification as qualifying farmland or for qualifying farmland designation. For a farmland owner to receive the benefits provided by this Ordinance, the farm must be certified as qualifying farmland (Certified Qualifying Farm) by the Board and approved and designated as a Voluntary or Enhanced Voluntary Agricultural District by the Board of Commissioners.

(1)

Applications for qualifying farmland certification shall be made to the County Department of Environment, Agriculture, Parks and Recreation on forms provided by the Department.

(2)

The Department of Environment, Agriculture, Parks and Recreation shall review each application for completeness. When complete, the application shall be forwarded to:

a.

The tax supervisor's office; and

b.

The local office of the Natural Resources Conservation Service of the United States Department of Agriculture.

The Department of Environment, Agriculture, Parks and Recreation shall submit the application along with the findings of the Tax Administration Department and the Natural Resources Conservation Service of the United States Department of Agriculture to the Board at its first regular meeting after expiration of the 30 day period specified in this subsection (a)(2) or any extension thereof.

(3)

The Board shall render a decision within 60 days of the meeting at which the application and findings of the Tax Administration Department and the Natural Resources Conservation Service of the United States Department of Agriculture were presented for consideration. If applicable, the Board shall prepare a recommendation to the Board of County Commissioners regarding the establishment of a Voluntary or Enhanced Voluntary Agricultural within 60 days of the meeting.

(4)

Upon receipt of the recommendation of the Board, the Board of Commissioners may consider establishment of a Voluntary or Enhanced Voluntary Agricultural District. In deciding whether to establish an Agricultural District, the Board of Commissioners shall consider the findings of the tax supervisor and Natural Resources Conservation Service offices as well as the recommendation of the Board.

(5)

Upon approval by the Board of Commissioners, the establishment of a Voluntary or Enhanced Voluntary Agricultural District shall become effective upon recordation of the necessary conservation agreements, prepared in accordance with section 48-7, subsection 48-7(a)(5), executed by the landowner and the county, and recorded in the County register of deeds as provided in N.C. Gen. Stat. § 121-41.

(6)

Upon recordation of the requisite number of conservation agreements, the Department of Environment, Agriculture, Parks and Recreation will notify the Tax Administration Department of the Agricultural District established. The Agricultural District and each requisite conservation agreement will be identified on the County GIS.

(b)

Appeal. If an application is denied by the Agricultural Preservation Board, the landowner may, within 15 days of notification of disapproval of the application, request in writing that the Agricultural Preservation Board reconsider its decision. The request for reconsideration shall state the reason(s) therefore. 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 County Commissioners. Such appeal shall be presented in writing. The decision of the Board of County Commissioners is final.

(Ord. of 03-24-1992, Art. VIII, eff. 04-01-1992; Amend. of 04-17-2000, eff. 04-17-2000; Amend. of 06-23-2005, eff. 06-23-2005; Amend. of 04-20-2010, eff. 04-20-2010)