Voluntary Agricultural District Ordinance2008003495
FOR REGISTRATION REGISTER OF DEEDS
KIMBERLY S. HARGROVE
HARNETT COUNTY, NC
2008 MAR 05 09 :36:54 AM
BK:2481 PG:904 -915 FEE:$42,00
Harnett County
Voluntary Agricultural District Ordinance
Adopted by the Harnett County Board of Commissioners
October 15, 2007
HARNETT COUNTY
VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE
ARTICLE 1
TITLE
An Ordinance of the Board of County Commissioners of HARNETT COUNTY, NORTH CAROLINA,
entitled, "VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE."
ARTICLE II
AUTHORITY
The articles and sections of this Ordinance are adopted pursuant to authority conferred by the N.C.G.S. Sections
106 -735 through 106 -744 and Chapter 153A.
ARTICLE III
PURPOSE
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; and increase protection from non -farm development and other
negative impacts on properly managed fames.
ARTICLE IV
DEFINITIONS
The following are defined for purposes of this Ordinance:
Advisory Board: Harnett County Agricultural Advisory Board.
Chairperson: Chairperson of the Harnett County Agricultural Advisory Board.
District Voluntary Agricultural District as established by this Ordinance.
Board of
Commissioners: Harnett County Board of Commissioners.
ARTICLE V
AGRICULTURAL ADVISORY BOARD
A. Creation
The Board of Commissioners shall establish an Agricultural Advisory Board to implement the provisions of
this program.
B. Membership
The Advisory Board shall consist of one representative from each Commissioner's District plus an additional
two at large members. All will be appointed by the Board of Commissioners.
C. Membership Requirements
Each Advisory Board member shall be a Harnett County resident or landowner.
2. A minimum of five members shall be actively engaged in farming. The remaining two should be
from agtibusinesses or agricultural related interests.
3. The members actively engaged in farming, as well as other members, shall 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 the North Carolina Cooperative Extension Service, the U.S. Farm Service Agency County
Committee, nonprofit agricultural organizations, conservation organizations, agribusiness, and the
public at large.
D. Tenure
The initial board is to consist of 3 appointees for terns of one year; 2 appointees for terms of two years; and 2
appointees for terms of three years. Thereafter, all appointments are to be for terms of three years, with
reappointment permitted.
E. Vacancies
Any vacancy on the Advisory Board is to be tilled by the Board of Commissioners for the remainder of the
unexpired term.
F. Removal
Any member of the Advisory Board may be removed by the Board of Commissioners upon a two- thirds vote of
the Commissioners. No cause for removal shall be required.
G. Fundine
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.
H. Advisory Board Procedure
Chairperson
The Advisory Board shall 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.
2. Jurisdiction
The Advisory Board may adopt rules of procedure not inconsistent with this Ordinance or with other
provisions of State law.
3. Advisory Board Year
The Advisory Board shall use the Harnett County fiscal year as its meeting year.
4. Meetings
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 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.
5. Majority Vote
All issues shall be decided by a majority vote of the members of the Advisory Board, except as
otherwise stated herein. All board members must be present.
6. Records
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
and shall be a public record.
Administrative
The Advisory Board may contract with the Harnett County Cooperative Extension office to serve the
Board for record keeping, correspondence, application procedures under this Ordinance, and whatever
services the Board needs to complete its duties.
Duties
The Advisory Board shall:
1. Review and approve applications for qualified farmland and voluntary agricultural districts and make
recommendations concerning the establishment and modification of agricultural districts;
2. Conduct public hearings;
3. Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural
economy or activities within the county that will affect agricultural districts;
4. Review and make recommendations concerning proposed amendments to this Ordinance; and
5. Perform other agricultural related tasks or duties assigned by the Board of Commissioners.
The Advisory Board may:
1. Develop a draft county wide farmland protection plan as defined in N.C.G.S. §106-744 (e) (1) for
presentation to the Board of Commissioners;
2. Study additional methods of farmland preservation and make recommendations to the Board of
Commissioners.
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS
A. Implementation
In order to implement the purposes stated in Article III, this program provides for the creation of voluntary
agricultural districts which meet the following standards:
1. The District shall contain 1 or more qualified farms within areas designated by the
Advisory Board.
B. Education
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 to further their purposes and objectives, including
the implementation of a public information program to reasonably inform landowners of the agricultural district
program.
C. Addition
Qualifying farmland in Harnett County with an existing district shall be added to the district as herein provided.
ARTICLE VII
CERTIFICATION AND QUALIFICATION OF FARMLAND
Requirements
To secure county certification as qualifying farmland, a farm must:
1. Be participating in the farm present -use -value taxation program established by N.C.G.S. §105-277.2
through § I05- 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 ;
2. 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
3. Be the subject of a preservation agreement, as defined in N.C.G.S. § 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.
4. Be located in the unincorporated area of Harnett County.
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
A. Application Procedure
A landowner may apply to participate in the program by making application to the chairperson of the
Advisory Board or a designated staff person. The application shall be on forms provided by the
Advisory Board. The application to participate in a district may be filed with the certification for
qualifying farmland.
2. An agreement to sustain, encourage, and promote agriculture must be executed by the landowner and
recorded with the Advisory Board. Permitted uses include agriculture, horticulture, forestry, and
outdoor recreation.
B. Approval Process
1. Upon submission of the application to the Advisory Board, the Advisory Board shall meet within
thirty (30) 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.
2. 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:
a. The Barnett County tax assessor and
b. The Harnett County Soil and Water Conservation District office.
Anneal
If an application is denied by the Advisory Board, the petitioner shall have thirty (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.
ARTICLE IX
REVOCATION AND RENEWAL OF CONSERVATION AGREEMENT
A. Revocation
1. By providing written notice to the Advisory Board, a landowner of qualifying farmland 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 Article VIII
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 preservation agreements prior to its
expiration.
2. Harnett County tax assessor will notify Advisory Board when the farmland is no longer participating
in the present -use -value taxation program.
B. Renewal
Conservation Agreements shall be deemed automatically renewed for an additional term of 10 years, unless
either the Advisory Board or the landowner gives written notice to the termination date.
ARTICLE X
CONDEMNATION PUBLIC HEARINGS
A. Pu ose
Pursuant to N.C.G.S. § 106 -740, no state or local public agency or governmental unit may formally initiate any
action to condemn any interest in qualifying farmland within a District until such agency or unit has requested
the Advisory Board to hold a public hearing on the proposed condemnation.
B. Procedure
1. Upon receiving a request, the Advisory Board shall publish notice describing the proposed action in
the appropriate newspapers of Harnett County within five (5) business days of the request, and will in
the same notice notify the public of a public hearing on the proposed condemnation, to be held within
ten (10) days of receipt of the request.
2. The Advisory Board shall meet to review:
a. Whether the need for the project has been satisfactorily established by the agency or unit of
government involved, including a review of any fiscal impact analysis conducted by the agency
involved; and
b. Whether there are alternatives to the proposed action that have less impact and are less disruptive to
die agricultural activities of the District within which the proposed action is to take place.
3. The Advisory Board may consult with a County Agricultural Extension Agent, a Soil & Water
Conservation District representative, and any other individuals, agencies, or organizations deemed by
the Advisory Board to be necessary for its review of the proposed action.
4. Within five (5) days after the hearing, the Advisory Board shall make a report containing its findings
and recommendations regarding the proposed action. The report shall be made available to the public
prior to its being conveyed to the decision- making body of the agency proposing the acquisition.
5. There will be a period of ten (10) days allowed for public comment on the report of the Advisory
Board.
6. After the ten (10) day period for public comment has expired, the Advisory Board shall submit a final
report containing all of its findings and recommendations regarding the proposed action to the
decision making body of the agency proposing the acquisition.
7. The total time period, from the day that a request for a hearing has been received to the day that a final
report is issued to the decision making body of the agency proposing the acquisition, shall not exceed
thirty (30) days. If the agency agrees to an extension, the agency and the Advisory Board shall
mutually agree upon a schedule to be set forth in writing and made available to the public.
ARTICLE XI
NOTIFICATION
A Record Notice of Proximity to Voluntary Agricultural District
1. Procedure
Upon certification of qualifying farmland and designation of real property as a District, die title to that
qualifying farmland and real property, which is contained in the Harnett County Land Records System
shall be changed to include a notice reasonably calculated to alert a person researching the title of a
particular tract that such tract is located within one aerial mile of a voluntary agricultural district.
2. Posting of Notice
The following notice, of a size and form suitable for posting, shall be posted in the office of the
Register of Deeds, and any other office or agency the Advisory Board deems necessary:
Harriett County has established agricultural districts to protect and preserve agricultural lands and
activities. These districts have been developed and mapped by the county to inform all purchasers of
real property that certain agricultural and forestry activities, including but not limited to pesticide
spraying , manure spreading, machinery and truck operation, livestock operations, sawing, and other
common farming activities may occur in these districts any time during the day or night. Maps and
information on the location and establishment of these districts can be obtained from the North
Carolina Cooperative Extension Service office, the office of the Register of Deeds, the County
Planning office, or the Natural Resources Conservation Service office.
2. Limit of Liability
In no event shall the County or any of its officers, employees, members of the Advisory Board, or
agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good
faith in connection with the duties or obligations imposed by this ordinance.
3. No Cause of Action
In no event shall any cause of action arise out of the failure of a person researching the title of a
particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary
agricultural district as defined in this ordinance.
B. Si na e
Signs identifying approved agricultural districts shall be placed along the rights -of -way of major roads that
pass through or next to those districts. There shall be at least one sign posted per qualifying fame or as many as
may be deemed appropriate by the Advisory Board, or its administrative agent for the county's agricultural
district program. Placement of signage shall be coordinated with the N.C. Department of Transportation.
C. Mans
The Advisory Board will be responsible for notifying the Hartnett County Geographic Information System
(GIS) Department for the development of maps.
Maps identifying approved agricultural districts may be displayed at the following agencies or offices:
1. Planning Department
2. Register of Deeds;
3. North Carolina Cooperative Extension Service;
4. Soil and Water Conservation District; and
5. Any other such agency or office the Advisory Board deems appropriate.
ARTICLE XII
SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW
Developers of major subdivisions or planned unit developments shall designate on preliminary development
plans, the existence of the Districts within one aerial mile(s) of the proposed development.
ARTICLE XIII
COUNTY LAND -USE PLANNING
Duty of the Advisory Be
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 ordinance is enacted or when one is formed.
ARTICLE XIV
CONSULTATION AUTHORITY
The Advisory Board may consult with the North Carolina Cooperative Extension Service, the Soil & Water
Conservation District office, the North Carolina Department of Agriculture and Consumer Services, and any
other individual, agency, or organization the Advisory Board deems necessary to properly conduct its business.
ARTICLE XV
NORTH CAROLINA AGENCY NOTIFICATION
Annually Report to the North Carolina Department of Agriculture and Consumer Services
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 the North Carolina Cooperative
Extension Service, and the Soil and Water Conservation District office after adoption. At least annually the
Advisory Board shall submit a written report to the Commissioner of Agriculture and Consumer Services on
the county's agricultural district program, including the following information:
1. Number of landowners enrolled;
2. Number of acres enrolled;
3. Number of acres certified during the reporting period;
4. Number of acres denied during the reporting period;
5. Number of acres for which applications are pending;
6. Copies of any amendments to the Ordinance; and
7. Any other information the Advisory Board deems useful.
ARTICLE XVI
LEGAL PROVISIONS
A. Severabilitv
If any article, section, subsection, clause, phrase, or portion of this Ordinance is for any reason found invalid or
unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
B. Conflict with other Ordinances and Statutes
Whenever the provisions of this Ordinance conflict with other Ordinances of Harnett County, this Ordinance
shall govern. Whenever the provisions of any federal or state statute require more restrictive provisions than
are required by this Ordinance, the provisions of such statute shall govern.
C. Amendments
This Ordinance may be amended from time to time by the Board of Commissioners.
ARTICLE XV II
ENACTMENT
The Harnett County Board of Commissioners hereby adopts and enacts the preceding articles and sections of
this Ordinance.
Adopted this the 15thlayof October ,2007.
andsecondedby Beatrice Hill
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KIMBERLY S. HARGROVE
REGISTER OF DEEDS, HARNETT
305 W CORNELIUS HARNETT BLVD
SUITE 200
LILLINGTON, NC 27546
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Filed For Registration: 03105/2008 09:36:54 AM
Book: RE 2481 Page: 904 -915
Document No.: 2008003495
ORDINANCE 12 PGS $42.00
Recorder: MARY ANNE WOOD
State of North Carolina, County of Harnett
KIMBERLY S. HARGROVE , REGISTER OF DEEDS
DO NOT DISCARD
*2008003495*
2008003495
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