<div class="chunk-title">Article VIII. - Application, Approval, and Appeal Procedure</div>
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               A.
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               <span class="ital">Application Procedure.</span>
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               1.
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               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. The application to participate in
               a district may be filed with the application for certification of qualifying farmland.
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               2.
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               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 filed with the Advisory Board, and
               if an irrevocable conservation easement recorded with the Craven County Register 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.
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               3.
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               The Board of Commissioners may establish a fee for such applications, which fee may
               be amended from time-to-time.
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               B.
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               <span class="ital">Approval Process.</span> Upon submission of the application to the Advisory Board, the Advisory Board shall
               meet within 60 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. If approved, the Advisory Board shall record the executed conservation
               easement with the Craven County Register of Deeds, whether or not it is irrevocable.
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               C.
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               <span class="ital">Appeal.</span> If an application is denied by the Advisory Board, the landowner may, within 30 days
               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.
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            <p class="historynote0">
               (Ord. of 1-5-2009, Art. VIII; Ord. of 12-19-2011, Art. VIII)
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