<div class="chunk-title">Section 1316. - Voluntary agricultural district and enhanced voluntary agricultural district ordinance.</div>
<div class="chunk-content">
            <p class="hg0">
               1316.01â€‚<span class="ital">Title.</span> An ordinance of the board of county commissioners of Halifax County, North Carolina,
               entitled, "Voluntary Agricultural District and Enhanced Voluntary District Ordinance."
               </p>
            <p class="hg0">
               1316.02â€‚<span class="ital">Authority.</span> The articles and sections of this ordinance are adopted pursuant to authority conferred
               by the North Carolina General Statutes Sections 106-735 through-106-744 and Chapter
               153A.
               </p>
            <p class="hg0">
               1316.03â€‚<span class="ital">Purpose.</span> The purpose of this ordinance is to promote agricultural values and the general welfare
               of the county and more specifically, increase identity and pride in the agricultural
               community and its way of life; encourage the economic and financial health of agriculture,
               horticulture and forestry; and increase protection from non-farm development and other
               negative impacts on properly managed farms.
               </p>
            <p class="hg0">
               1316.04â€‚<span class="ital">Definitions.</span> The following are defined for purposes of this ordinance:
               
               <p class="p1">
                  <span class="ital">Advisory board.</span> Halifax County Agricultural Advisory Board.
                  </p>
               
               <p class="p1">
                  <span class="ital">Chairperson.</span> Chairperson of the Halifax County Agricultural Advisory Board.
                  </p>
               
               <p class="p1">
                  <span class="ital">District.</span> Voluntary agricultural district as established by this ordinance.
                  </p>
               
               <p class="p1">
                  <span class="ital">Enhanced district.</span> Enhanced voluntary agricultural district as established by this ordinance.
                  </p>
               
               <p class="p1">
                  <span class="ital">Board of commissioners.</span> Halifax County Board of Commissioners.
                  </p>
               
            <p class="hg0">
               1316.05â€‚<span class="ital">Agricultural advisory board.</span>
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Creation.</span> The board of commissioners shall establish an agricultural advisory board to implement
                  the provisions of this program.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Membership.</span> The advisory board shall consist of no less than seven members appointed by the board
                  of commissioners with an effort to seek the broadest geographic and agricultural commodity
                  representation as possible.
                  </p>
               		
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Membership requirements.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  Each advisory board member shall be a Halifax County resident and landowner.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  A majority of the members shall be actively engaged in farming, horticulture and/or
                  forestry.
                  </p>
               		
               <p class="incr2">
                  3.
                  </p>
               		
               <p class="content3">
                  The members may be selected for appointment by the board of commissioners from the
                  names of individuals submitted to the board of commissioners by the soil and water
                  conservation district board of supervisors, the county office of North Carolina Cooperative
                  Extension, the U.S. Farm Service Agency County Committee, nonprofit agricultural organizations,
                  conservation organizations, agribusiness, horticultural businesses, forestry businesses,
                  and the public at large.
                  </p>
               		
               <p class="incr2">
                  4.
                  </p>
               		
               <p class="content3">
                  Additional members may be appointed to the board in an ex officio capacity from the
                  Halifax County Office of North Carolina Cooperative Extension, the U.S.D.A. Farm Service
                  Agency, the Halifax County Office of the Natural Resource Conservation Service or
                  other agencies, as deemed necessary by the board of commissioners. Members serving
                  in an ex officio capacity shall neither vote nor count toward quorum requirements.
                  </p>
               		
               
               <p class="incr1">
                  D.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Tenure.</span> The initial board is to consist of two appointees for terms of one year; two appointees
                  for terms of two years; and three appointees for terms of three years. Thereafter,
                  all appointments are to be for terms of three years, with reappointment permitted
                  up to three terms.
                  </p>
               		
               
               <p class="incr1">
                  E.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Vacancies.</span> Any vacancy on the advisory board is to be filled by the board of commissioners for
                  the remainder of the unexpired term.
                  </p>
               		
               
               <p class="incr1">
                  F.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Removal.</span> Any member of the advisory board may be removed by the board of commissioners upon
                  a majority vote of the commissioners. No cause for removal shall be required.
                  </p>
               		
               
               <p class="incr1">
                  G.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Funding.</span> The per diem compensation, if any, of the members of the advisory board may be fixed
                  by the board of commissioners and funds may be appropriated to the advisory board
                  to perform its duties.
                  </p>
               		
               
               <p class="incr1">
                  H.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Advisory board procedure.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Chairperson.</span> The advisory board may elect a chairperson and vice-chairperson each year at its
                  first meeting of the fiscal year. The chairperson shall preside over all regular or
                  special meetings of the advisory board. In the absence or disability of the chairperson,
                  the vice-chairperson shall preside and shall exercise all the powers of the chairperson.
                  Additional officers may be elected as needed.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Determination of procedure.</span> The advisory board may adopt rules of procedure not inconsistent with this ordinance
                  or with other provisions of state law.
                  </p>
               		
               <p class="incr2">
                  3.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Advisory board year.</span> The advisory board shall use the Halifax County fiscal year as its meeting year.
                  </p>
               		
               <p class="incr2">
                  4.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Meetings.</span> Meetings of the advisory board shall be held at the call of the chairperson and at
                  such other times as the advisory board may specify in its rules of procedure or upon
                  the request of at least a majority of the advisory board membership. A meeting shall
                  be held at least annually and notice of any meetings to the members shall be in writing,
                  unless otherwise agreed to by all advisory board members. Meeting dates and times
                  shall be posted as far in advance as possible on the door of the meeting site and
                  by posting on the Halifax County website or by other means of public dissemination
                  of the meeting dates as may be agreed upon by at least a majority of the advisory
                  board membership. All meetings shall be open to the public.
                  </p>
               		
               <p class="incr2">
                  5.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Majority vote and quorum requirements.</span> All issues shall be decided by a majority vote of the members of the advisory board
                  present. A quorum is defined as at least a majority of the appointed members. No business
                  may be conducted by the advisory board without a quorum present.
                  </p>
               		
               <p class="incr2">
                  6.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Records.</span> The advisory board shall keep minutes of the proceedings showing the vote of each
                  member upon each question, or if absent or failing to vote, indicating such fact,
                  and shall keep records of its examinations and other official actions, all of which
                  shall be filed in the office of the advisory board, or its designee, and shall be
                  a public record.
                  </p>
               		
               <p class="incr2">
                  7.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Administrative.</span> The advisory board shall be staffed by the Halifax County Cooperative Extension Agency
                  and serve the board for record keeping, correspondence, application procedures under
                  this ordinance, and whatever services the board needs to complete its duties.
                  </p>
               		
               
               <p class="incr1">
                  I.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Duties.</span> The advisory board shall:
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  Review and approve or disapprove applications of landowners for enrollment of qualified
                  farmland, horticultural land, or forestland in either voluntary agricultural districts
                  or enhanced voluntary agricultural districts;
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  Make recommendations concerning the establishment and modification of agricultural
                  districts;
                  </p>
               		
               <p class="incr2">
                  3.
                  </p>
               		
               <p class="content3">
                  Conduct public hearings pursuant to section 1316.12 of this ordinance;
                  </p>
               		
               <p class="incr2">
                  4.
                  </p>
               		
               <p class="content3">
                  Advise the board of commissioners on projects, programs, or issues affecting the agricultural
                  economy and agricultural, horticultural or forestry activities within the county that
                  will affect agricultural districts;
                  </p>
               		
               <p class="incr2">
                  5.
                  </p>
               		
               <p class="content3">
                  Review and make recommendations concerning proposed amendments to this ordinance;
                  </p>
               		
               <p class="incr2">
                  6.
                  </p>
               		
               <p class="content3">
                  Develop a draft countywide farmland protection plan as defined in N.C.G.S. Â§ 106-744(e)
                  for presentation to the board of commissioners if requested;
                  </p>
               		
               <p class="incr2">
                  7.
                  </p>
               		
               <p class="content3">
                  Study additional methods of protection for farming, horticulture, forestry, and the
                  attendant land base, and make recommendations to the board of commissioners; and
                  </p>
               		
               <p class="incr2">
                  8.
                  </p>
               		
               <p class="content3">
                  Perform other agricultural, horticultural, and forestry-related tasks or duties assigned
                  by the board of commissioners.
                  </p>
               		
               
            <p class="hg0">
               1316.06â€‚<span class="ital">Creation of voluntary agricultural districts and enhanced voluntary agricultural districts.</span>
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Implementation.</span> In order to implement the purposes stated in section 1316.03, this program provides
                  for the creation of voluntary agricultural districts which meet the following standards:
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  The district or enhanced district shall contain a minimum of qualifying contiguous
                  acres of agricultural land; forestland or horticultural lands; or
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  Consist of at least two or more certified qualifying tracts which are one mile or
                  less from each other and containing not less than the minimum acreage in the aggregate.
                  </p>
               		
               <p class="b2">
                  Land shall be treated as a single district whether enrolled in the district or the
                  enhanced district.
                  </p>
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Education.</span> The county may take such action as it deems appropriate through the advisory board
                  or other entities or individuals to encourage the formation of the districts and enhanced
                  districts and to further their purposes and objectives, including the implementation
                  of a public information program to reasonably inform landowners of the agricultural
                  district program.
                  </p>
               		
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Addition and withdrawal.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  Qualifying farmland in a region with an existing district shall be added to the district
                  as herein provided.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  In the event that one or more tracts in the district or enhanced district withdraw
                  and the acreage in the district or enhanced district becomes less than the minimum-acreage
                  required or results in the remaining land being noncontiguous, a voluntary agricultural
                  district will continue to exist so long as there is one qualifying farm in accordance
                  with section 1316.07 of this ordinance.
                  </p>
               		
               <p class="incr2">
                  3.
                  </p>
               		
               <p class="content3">
                  Requests for additions shall be accompanied by applicable application and recording
                  fees. Requests for withdrawals may be subject to applicable recording fees, if any.
                  </p>
               		
               
            <p class="hg0">
               1316.07â€‚<span class="ital">Certification and qualification of farmland.</span>
               
               <p class="p1">
                  <span class="ital">Requirements.</span> To secure county certification as qualifying farmland in either a voluntary agricultural
                  district or enhanced voluntary agricultural district, a farm must:
                  
                  <p class="incr2">
                     1.
                     </p>
                  		
                  <p class="content3">
                     Be participating in the farm present-use-value taxation program established by N.C.G.S.
                     Â§ 105-277.2 through Â§ 105-277.7, or is otherwise determined by the county to meet
                     all the qualifications of this program set forth in G.S. 105-277.3;
                     </p>
                  		
                  
                  <p class="incr2">
                     2.
                     </p>
                  		
                  <p class="content3">
                     Be managed, if highly erodible land exists on the farm, in accordance with the Natural
                     Resources Conservation Service defined erosion-control practices that are addressed
                     to said highly erodible land; and
                     </p>
                  		
                  
                  <p class="incr2">
                     3.
                     </p>
                  		
                  <p class="content3">
                     Be the subject of a conservation agreement, as defined in N.C.G.S. Â§ 121-35, between
                     the county and the owner of such land that prohibits non-farm 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 zoning and subdivision regulations. These
                     lots are no longer part of agricultural district and therefore are ineligible for
                     benefits of the program.
                     </p>
                  		
                  
                  <p class="incr2">
                     4.
                     </p>
                  		
                  <p class="content3">
                     Be located in the unincorporated area of Halifax County or within a municipal extraterritorial
                     jurisdiction (ETJ).
                     </p>
                  		
                  
               
            <p class="hg0">
               1316.08â€‚<span class="ital">Application, approval, and appeal procedure.</span>
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Application procedure.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  A landowner may apply to participate in either the agricultural district or the enhanced
                  agricultural district program by making application 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 and accompanied by application and
                  recording fees as set forth by the county board of commissioners.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  A conservation agreement (required by N.C.G.S. Â§ 106-737 and defined in N.C.G.S. Â§
                  121-35) suited to district type (voluntary agricultural district or enhanced voluntary
                  agricultural district) designated by the landowner to sustain, encourage, and promote
                  agriculture must be executed by the landowner and recorded with the advisory board,
                  which shall record a certified copy of such with the Halifax 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.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Approval process.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  The deadline for submission of applications to the advisory board shall be the fifth
                  day of each quarter (January 5, April 5, July 5, and October 5). The advisory board
                  shall meet within 90 days 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.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  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:
                  </p>
               		
               <p class="incr3">
                  a.
                  </p>
               		
               <p class="content4">
                  The Halifax County Tax Administrator;
                  </p>
               		
               <p class="incr3">
                  b.
                  </p>
               		
               <p class="content4">
                  The Halifax Soil and Water Conservation District office;
                  </p>
               		
               <p class="incr3">
                  c.
                  </p>
               		
               <p class="content4">
                  The Halifax County Office of N.C. Cooperative Extension;
                  </p>
               		
               <p class="incr3">
                  d.
                  </p>
               		
               <p class="content4">
                  The Natural Resources Conservation Service;
                  </p>
               		
               <p class="incr3">
                  e.
                  </p>
               		
               <p class="content4">
                  The Halifax County Planning Department.
                  </p>
               		
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Appeal.</span> If an application is denied by the advisory board, the landowner may, within ten
                  days of the receipt 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) 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
                  commissioners. Such appeal shall be presented in writing. The decision of the board
                  of commissioners is final.
                  </p>
               		
               
            <p class="hg0">
               1316.09â€‚<span class="ital">Revocation, enforcement and renewal of conservation agreements.</span>
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Revocation and enforcement.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  <span class="ital">District.</span> By providing written notice to the advisory board, a landowner of qualifying farmland
                  within a voluntary agricultural district may revoke the conservation agreement or
                  the advisory board may revoke the same conservation agreement based on noncompliance
                  by the landowner, subject to the same provisions as contained in section 1316.08(C)
                  for appeal of denials. Such revocation shall result in loss of qualifying farm status
                  and loss of eligibility to participate in a district. Absent noncompliance by the
                  landowner, neither the advisory board nor the board of commissioners shall revoke
                  any conservation agreement prior to its expiration. If the advisory board shall revoke
                  this conservation agreement for cause, the landowner shall have the appeal rights
                  set forth in section 1316.08(C). Transfers of land in a voluntary agricultural district
                  due to death of the landowner, sale or gift shall not revoke the conservation agreement
                  unless the land no longer qualifies for the present-use-value taxation program and/or
                  the land is withdrawn either voluntarily or involuntarily from the district. Enforcement
                  of the terms of a conservation agreement for land enrolled in a voluntary agricultural
                  district shall be limited to revocation of the conservation agreement and the benefits
                  derived therefrom.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Enhanced district.</span> Conservation agreements for land within enhanced districts are irrevocable for a
                  period of ten years. Enforcement of the terms of the conservation agreement may be
                  through an action for injunctive relief and/or damages in any court of competent jurisdiction.
                  The county may also terminate any benefits to the owner under this program either
                  permanently or during the period of violation, as appropriate. If the advisory board
                  shall revoke this conservation agreement for cause, the landowner shall have the appeal
                  rights set forth in section 1316.08(C). The right to terminate program benefits is
                  in addition to any legal rights that the county may have under either this ordinance
                  or the terms of the applicable conservation agreement. The county may seek costs of
                  the action including reasonable attorney fees if such a provision is incorporated
                  into the conservation agreement.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Renewal.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  <span class="ital">District.</span> A conservation agreement for land within a voluntary agricultural district shall
                  be automatically renewed unless the landowner provides 30-day written notice to the
                  advisory board of intent not to renew. Absent noncompliance by the landowner, neither
                  the advisory board nor the board of commissioners shall fail to renew any conservation
                  agreement unless this ordinance or its authorizing legislation has been repealed.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Enhanced district.</span> A conservation agreement for the enhanced voluntary agricultural district shall be
                  deemed automatically renewed for an additional term of three years, unless either
                  the advisory board or the landowner gives written notice to the contrary prior to
                  the termination date of the conservation agreement. At the end of each three-year
                  term the conservation agreement shall automatically renew for an additional three-year
                  term unless a 30-day notice of termination is given.
                  </p>
               		
               
            <p class="hg0">
               1316.10â€‚<span class="ital">Waiver of water and sewer or all utility assessments.</span>
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">No connection required.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  A landowner belonging to the district shall not be required to connect to Halifax
                  County water and/or sewer systems.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  A landowner belonging to an enhanced district shall not be required to connect to
                  Halifax County utility systems.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Abeyance.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  Water and sewer assessments shall be held in abeyance, without interest, for farms
                  in a district, until improvements on such property are connected to the water or sewer
                  system for which the assessment was made.
                  </p>
               		
               <p class="incr2">
                  2.
                  </p>
               		
               <p class="content3">
                  Utility assessments shall be held in abeyance, without interest, for farms in an enhanced
                  district, until improvements on such property are connected to the utility system
                  for which the assessment was made.
                  </p>
               		
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Termination of abeyance.</span> When the period of abeyance ends, the assessment is payable in accordance with the
                  terms set out in the assessment resolution.
                  </p>
               		
               
               <p class="incr1">
                  D.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Suspension of statute of limitations.</span> Statutes of limitations are suspended during the time that any assessment is held
                  in abeyance without interest. The landowner may be required to sign an acknowledgement
                  (that may be incorporated into the conservation agreement) of the abeyance of the
                  statute of limitations upon collecting water and sewer assessments, or other utility
                  assessments.
                  </p>
               		
               
               <p class="incr1">
                  E.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Other statutory abeyance procedures.</span> Nothing in this section is intended to diminish the authority of the county to hold
                  assessments in abeyance under N.C.G.S. Â§ 153A-201, or other applicable law.
                  </p>
               		
               
               <p class="incr1">
                  F.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Conflict with water and/or sewer system construction and improvements grants.</span> To the extent that this section conflicts with the terms of federal, state, or other
                  grants under which county utility systems are constructed this section shall not apply.
                  This section shall not apply to utilities that are not owned by the county unless
                  the county has entered into an agreement with the entity(ies) owning the utilities
                  and that agreement provides that this ordinance shall apply.
                  </p>
               		
               
            <p class="hg0">
               1316.11â€‚<span class="ital">Additional enhanced agricultural district benefits.</span> Land enrolled in the enhanced voluntary agricultural district program is entitled
               to all of the benefits available under the voluntary agricultural district program,
               and to the following additional benefits:
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Sale of non-farm products.</span> Landowners participating in enhanced districts may receive up to 25 percent of gross
                  sales from the sale of non-farm products and still qualify as a bona fide farm that
                  is exempt from county zoning regulations under N.C.G.S. Â§ 153A-340(b). A farmer seeking
                  to benefit from this subsection shall have the burden of establishing that the property's
                  sale of non-farm products did not exceed 25 percent of its gross sales. The standards
                  necessary for proof of compliance shall be set forth in the Nash County Unified Development
                  Ordinance.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Agricultural cost share program.</span> Landowners participating in enhanced districts are eligible under N.C.G.S. Â§ 143-215.74(b)
                  to receive the higher percentage of cost-share funds for the benefit of that farmland
                  under the agriculture cost share program established pursuant to Part 9 of Article
                  21 of Chapter 143 of the General Statutes for funds to benefit that farmland.
                  </p>
               		
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Priority consideration.</span> State departments, institutions, or agencies that award grants to farmers are encouraged
                  to give priority consideration to landowners participating in enhanced districts.
                  </p>
               		
               
            <p class="hg0">
               1316.12â€‚<span class="ital">Public hearings on condemnation of farmland</span>
               </p>
            <p class="p0">
               No local public agency or local governmental unit may formally initiate any action
               to condemn any interest in qualifying farmland within a district or an enhanced district
               until such agency or unit has requested the advisory board to hold a public hearing
               on the proposed condemnation. Not less than ten calendar days before the public hearing,
               the advisory board shall publish notice of the date, time and place for the public
               hearing on the Halifax County website. Following public hearing, the advisory board
               shall prepare and submit written findings and recommendations to the decision-making
               body of the agency or unit proposing condemnation. The advisory board shall have no
               more than 30 days after receiving a request under this article to hold the public
               hearing and submit its findings and recommendations to the requesting agency or unit.
               The agency or unit proposing condemnation may not formally initiate a condemnation
               action while the proposed condemnation is properly before the advisory board within
               this 30 day time limitation, but no longer.
               </p>
            <p class="hg0">
               1316.13â€‚<span class="ital">Notification.</span>
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Record notice of proximity to voluntary agricultural district.</span>
                  </p>
               		
               <p class="incr2">
                  1.
                  </p>
               		
               <p class="content3">
                  <span class="ital">Procedure.</span>
                  </p>
               		
               <p class="incr3">
                  a.
                  </p>
               		
               <p class="content4">
                  <span class="ital">Mapping.</span> Halifax County shall provide locations of all approved and current voluntary agricultural
                  districts and enhanced voluntary agricultural districts on the Halifax County GIS
                  (Geographic Information System) website. A separate layer indicating the location
                  of the districts, ownership information, properties within one-half mile and other
                  pertinent data will be available for public view. In addition, maps indicating the
                  voluntary and enhanced voluntary agricultural districts shall be posted in the Halifax
                  County Register of Deeds, Cooperative Extension Agency, Soil and Water Department
                  and Planning Department. The postings shall also contain a statement explaining potential
                  agricultural activities as provided in section 1316.14.B.
                  </p>
               		
               <p class="incr3">
                  b.
                  </p>
               		
               <p class="content4">
                  <span class="ital">Signage.</span> Approved signs identifying agricultural district membership may be placed along major
                  roads that pass through or are next to those districts. Members of the agricultural
                  district may place approved signs on their individual farms denoting their agricultural
                  district membership. Placement of signage shall be coordinated with the North Carolina
                  Department of Transportation and the Halifax County Planning Department.
                  </p>
               		
               
            <p class="hg0">
               1316.14â€‚<span class="ital">County land use planning.</span>
               
               <p class="incr1">
                  A.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Duty of the advisory board.</span> It shall be the duty of the advisory board to advise the board of commissioners or
                  the agency or office to which the board of commissioners delegate authority to oversee
                  county land use planning, on the status, progress, and activities of the county's
                  agricultural district program and to also coordinate the formation and maintenance
                  of agricultural districts with the county's land use planning activities and the county's
                  land use plan if one currently exists at the time this is enacted or when one is formed.
                  </p>
               		
               
               <p class="incr1">
                  B.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Posting of notice.</span> The following notice along with a map of the voluntary agricultural districts and
                  properties within one-half mile of those districts; shall be posted in the office
                  of the register of deeds and other Halifax County farm or land-development related
                  offices:
                  </p>
               		
               <p class="p2">
                  Halifax County is proud of its agricultural heritage and has established agricultural
                  districts to encourage the sustainability and growth of its agricultural and forestry
                  industries. Please be aware that agricultural activities continue to occur in and
                  near agricultural districts. Agricultural activities sometimes produce noise, dust,
                  odors, and require the movement of slow-moving farm vehicles on public roads. The
                  locations of Halifax County's agricultural districts may be viewed by visiting the
                  Halifax County GIS (Geographic Information System) website at
                  <br>
                  http://gis.co.halifax.nc.us/connectgis/halifax/.
                  </p>
               
               <p class="incr1">
                  C.
                  </p>
               		
               <p class="content2">
                  <span class="ital">Growth corridors.</span> At such time as the county might establish designated growth corridors, agricultural
                  districts shall not be permitted in the designated growth corridors, as delineated
                  on the official county planning map without the approval of the board of commissioners.
                  Districts located in growth corridors designated after the effective date of this
                  program may remain, but shall not be expanded within the growth corridor area without
                  the approval of the board of commissioners.
                  </p>
               		
               
            <p class="hg0">
               1316.15â€‚<span class="ital">Consultation authority.</span> The advisory board may consult with North Carolina Cooperative Extension, the Natural
               Resources Conservation Service, the North Carolina Department of Agriculture and Consumer
               Services, and with any other individual, agency, or organization the advisory board
               deems necessary to properly conduct its business.
               </p>
            <p class="hg0">
               1316.16â€‚<span class="ital">North Carolina agency notification.</span>
               
               <p class="p1">
                  <span class="ital">Annual report to the North Carolina Department of Agriculture and Consumer Services.</span> Upon adoption, a copy of this ordinance shall be sent to the office of the North
                  Carolina Commissioner of Agriculture and Consumer Services, the board of commissioners,
                  the county office of North Carolina Cooperative Extension, and the soil and water
                  conservation district office. At least annually the county shall submit a written
                  report to the commissioner of agriculture and consumer services on the county's agricultural
                  district program, including the following information:
                  
                  <p class="incr2">
                     A.
                     </p>
                  		
                  <p class="content3">
                     Number of landowners enrolled;
                     </p>
                  		
                  
                  <p class="incr2">
                     B.
                     </p>
                  		
                  <p class="content3">
                     Number of acres enrolled;
                     </p>
                  		
                  
                  <p class="incr2">
                     C.
                     </p>
                  		
                  <p class="content3">
                     Number of acres certified during the reporting period;
                     </p>
                  		
                  
                  <p class="incr2">
                     D.
                     </p>
                  		
                  <p class="content3">
                     Number of acres denied during the reporting period;
                     </p>
                  		
                  
                  <p class="incr2">
                     E.
                     </p>
                  		
                  <p class="content3">
                     Number of acres for which applications are pending;
                     </p>
                  		
                  
                  <p class="incr2">
                     F.
                     </p>
                  		
                  <p class="content3">
                     Copies of any amendments to this ordinance; and
                     </p>
                  		
                  
                  <p class="incr2">
                     G.
                     </p>
                  		
                  <p class="content3">
                     Any other information the advisory board deems useful.
                     </p>
                  		
                  
               
            <p class="historynote0">
               (Amend. of 11-1-10(1); Res. of 4-1-19(1), Â§Â§ 1, 2)
               </p></div>