<div class="chunk-title">Sec. 58-56. - Application for and certification for qualifying farmland in a VAD or EVAD.</div>
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               (a)
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               <span class="ital">Requirements.</span> To be eligible for certification the following requirements must be satisfied:
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               (1)
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               <span class="ital">Certification as qualifying farmland.</span> To secure county certification as a qualifying farmland, a farm must be:
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               a.
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               Used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and
               G.S. 160D-903.
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               b.
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               Managed in accordance with the soil conservation service defined erosion control practices
               that are addressed to highly erodible land; and
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               c.
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               Subject of a conservation agreement, as defined in G.S. 121-35, between the local
               government administering the voluntary agricultural district program and the owner
               of such land that prohibits nonfarm use or development of such land for a period of
               at least ten years, except for the creation of not more than three lots that meet
               applicable county and municipal zoning and subdivision regulations. The form of the
               conservation agreement shall be approved by the agricultural advisory board created
               under G.S. 106-739.
               </p>
            		
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               (2)
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               A landowner, or landowners, may apply for certification of qualifying farmland for
               inclusion in either the Voluntary Agricultural District or the Enhanced Voluntary
               Agricultural District program. Such application shall be made with the chairperson
               or farmland preservation coordinator and must designate whether the application is
               for Voluntary Agricultural District status or Enhanced Voluntary Agricultural District
               status. The application shall be on forms provided by the advisory board or farmland
               preservation coordinator.
               </p>
            		
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               a.
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               A conservation agreement, as required by G.S. 106-737 and G.S. 106-743.3, and defined
               in G.S. 121-35, suited to district type (Voluntary Agricultural District or Enhanced
               Voluntary Agricultural District) designated by the landowner(s) to sustain, encourage,
               and promote agriculture, must be executed by the landowner(s) and be reviewed and
               approved by the advisory board. The conservation agreement for the Enhanced Voluntary
               Agricultural District must be recorded with the Buncombe County Register of Deeds
               as required pursuant to G.S. 121-41.
               </p>
            		
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               b.
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               Requirements to participate are as follows:
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               1.
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               A VAD or EVAD shall consist of at least 50 contiguous acres of qualifying farmland
               or two or more qualifying farms consisting of a total of at least 50 acres and lying
               within one mile of each other.
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               2.
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               An agreement to sustain, encourage and promote agriculture must be executed by the
               landowners in the VAD or EVAD with the county and EVAD shall be recorded therein.
               </p>
            		
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               c.
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               Review process:
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               1.
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               To secure county certification as a qualifying farm, and if so desired by the applicant,
               as a VAD or EVAD, a landowner for such certification will apply to the advisory board.
               Application forms may be obtained from the advisory board or farmland preservation
               coordinator.
               </p>
            		
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               2.
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               Upon receipt of an application, the advisory board or farmland preservation coordinator
               will forward copies immediately to:
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               i.
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               The county planning department;
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               ii.
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               The county tax assessor; and
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               iii.
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               The Soil and Water Conservation District and the Natural Resources Conservation Service
               office. Such offices shall evaluate, complete and return their copies to the chairperson
               within 30 days of receipt. The evaluation by the Soil and Water Conservation District
               and the Natural Resources Conservation Service office may be made jointly.
               </p>
            		
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               (3)
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               Decision by the advisory board; notification of applicant. Within 60 days of receipt
               of the evaluations, the advisory board shall meet and render a decision regarding
               the application. The chairperson or designee shall notify the applicant by mail if
               the real property for which certification is sought satisfies the criteria established
               in subsection (a) of this section and if the land has been certified as qualifying
               farmland, and also as a VAD or EVAD, if application was so sought.
               </p>
            		
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               (4)
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               Appeal upon denial. If the application is denied by the advisory board, the applicant
               has 30 days 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.
               </p>
            		
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               (b)
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               VAD or EVAD; marking on maps; public display. VAD or EVAD shall be marked on county
               maps which shall be available for public inspection in the following county offices:
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               (1)
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               Register of deeds;
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               (2)
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               Code enforcement;
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               (3)
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               Soil and Water Conservation District;
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               (4)
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               Agricultural cooperative extension;
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               (5)
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               Land records office; and
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               (6)
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               Any other office deemed necessary by the advisory board.
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               (c)
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               Encouragement of VAD or EVAD. The county may take such action as it deems appropriate
               through the advisory board or other body or individual to encourage the formation
               of VAD or EVAD and to further their purposes and objectives, including at a minimum
               a public information program to reasonably inform landowners of the farmland preservation
               program.
               </p>
            		
            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="797622">
                  Ord. No. 16-11-01
                  </a>
               , Â§ 1(Exh. A), 11-1-16; Ord. No.
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1197416">
                  22-07-03
                  </a>
               , Â§ 1, 7-19-22)
               </p></div>