HomeMy WebLinkAboutORD-2010-032 Proposed Revisions to the Voluntary Farmland Protection OrdinanceA-H-a~ch men+ ~
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and bold underline
ORANGE COUNTY 0~ ~ - °~ ~~~ - O ~ a
VOLUNTARY FARIVII.,AND PROTECTION ORDINANCE s~- alp - ,2 ~/p
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ARTICLE I
TTTLE
An ordinance of the Board of County Commissioners of ORANGE COLINT'Y, NORTH
CAROLINA, entitled, "VOLUNTARY FARMLAND PROTECTION 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
Through its plans, ordinances and other programs, it is the expressed policy of Orange
County to conserve, protect and encourage the preser~~ation and improvement of agriculturaY
land within the County boundaries as a critical component of the County's cultural and rural .
character and its economy by virtue of the production of food, fiber and other products. The
purpose of this ordinance is to reduce the loss of productive and existing farniland by
promoting agricultural values and the general welfare of the County, recognize the existence
of important familands by seeking to minimize risks of nuisance suits that arise from the
onset of other land uses, encourage participation in voluntary programs to preserve and
protect farmland from non-farm development and increase identity and awareness of the
agricultural. community, and its role in the economic and cultural quality of life for all
County residents.
ARTICLE N
DEFINITIONS
The following are defined for purposes ofthis ordinance:
Board: Orange County Agricultural Preservation Board.
Chair: Chairperson of the Orange County Agricultural Preservation Board.
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trict: Voluntary Agricultural District as established by this ordinance. ~ Formatted: Indent: t.ert: o",
Hanging: G ;-"
Enhanced District' Enhanced Voluntary Agricultural District as established by thisM~ _- Formatto-' r-ont: sold, No underline
ordinance. Formatt r~,~: walk
._~,
~ F017natte;t ' .- [erect
~ Formatte.!: Pont: 11 pt
r / -
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i Agricultural District• Voluntary A~lcultural District and Enhanced Voluntarv_ - - ~~~~ ~~ Bold, UnderNne
~~~.~
2 Aeiicultut•al District -'
------------------------- Formatted: Font void, No underitne
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4 Board of Commissioners: Orange County Board of Commissioners.
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Oualif~g,Farm: A farm that has met the qualification criteria set out in Article VII of this
7 ~ ordinance, is certified for the Voluntary or Enhanced Voluntary Agricultural District
8. Program. .
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Certified Oualifyine Farm: A farm that has met the criteria as a "qualifying farm" above,
11 and has executed the provisions of Article VII.A, including the conservation agreement as
12 specified herein.
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1s ARTICLE V
16 AGRICULTURAL PRESERVATION BOARD
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18 A. Creation
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20 An Orange County Agricultural Preservation Board, consisting of seven (7) initial - - - Formatted• ]usdfied
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21 members appointed by the Board of County Commissioners, is hereby established. Theme - _ - ueieted: rad~ d~
22 Agricultural Preservation Board shall consist of up to seven ('n at-large members plus
23 ~ one member from each Agricultural District Resion created and existing under this
24 Ordinance, with members selected from Certified Qualifying Farms within Voluntary
25 ~ and Enhanced Voluntary Agricultural Districts, appointed by the Board of County
26 Commissioners. Additional appointments may be made to satisfy the requirements of
27 Section IV.B.l.b.of this ordinance.
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29 B. Membershiv
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31 Requirements ' - - -
1 FO'*"a~~ ~"~teed
.
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33 a. .Each Board member shall be a resident of Orange County.
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b. Each Agricultural District existing pursuant to this ordinance shall be
36 represented on the Board by a person owning farmland on a Certified
37 I Qualifying Fans within the Agricultural District The Board of County
38 Commissioners shall appoint the Agricultural District representatives and
39 shall make its selection of a representative for each Agricultural District
40 from among Certified Qualifying Farms within the A¢ricultural District
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c. The remaining members of the Board shall be appointed at-large by the
43 Board of County Commissioners to represent a broad range of agricultural
q4 interests.
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4(, d Additional members may be apaointed to the Board in an ex o~cio* - - - Formatted: ~~ ~ Num6e~
47 caaacity from the Soil and Water Conservafion District Board. North
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Carolina Cooperative Extension the U.S. Farm Service Aeency. or
other agencies as deemed necessary by the Board of County
Commissioners Members serving in an ea: officio capacity shall
neither vote nor count toward quorum requirements.
2. Tenure
Each member shall serve a term of three (3) years, except that the initial Board is• - - - Format~f: Justltled
to consist of two (2) appointees for terms of two (2) years, two (2) appointees for
terms of three (3) years, and three (3) appointees for terms of four (4) years.
Thereafter, all appointments are to be for terms of three (3) years, with
reappointments permitted. Notwithstanding the term limits contained in this
section, Agricultural District representatives may be appointed and re-appointed
as necessary to insure that each Aericultural District is represented as provided
in Section B.l.b of this Ordinance.
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3. Vacancies
Any vacancy on the Board is to be filled for the remainder of the unexpired term.
C. Removal _ , ,. - ueiacea:
Any member of the Advisory Board may be removed by the Boazd of Commissioners upon
atwo-thirds vote .of the Commissioners. No cause for removal shall be required The Board
may recommend that members not meeting attendance standards be removed by the Board
of Commissioners. If an appointee, in any calendar year has absences which constitute
more than 25 percent of the regularly scheduled Board meetings or three consecutive
meetings, whichever comes first, which he or she is required to attend, he or she is
obligated to resign. The Board of Commissioners may consider extenuating
circumstances. If the individual refuses to resign, he or she may be removed by action of
the Board of County Commissioners,, by a majority vote, subject to state or local law. A
leave of absence may be granted for extraordinary circumstances, such as illness or
personal circumstances, upon request to the Board of Commissioners.
D. Boazd Procedure
The Board shall develop procedures for the conduct of its meetings, in addition to those
listed here, which shall be consistent with this ordinance, other provisions of State law,
and Robert's Rules of Order.
Chair and Vice-Chair
The Board shall e]ect a Chair and Vice-Chair each year at its February meeting. The
Chair shall preside over all regular or special meetings of the Board In the absence
or disability of the Chair, the Vice-chair shall preside and shall exercise all the
powers of the Chair. Additional officers may be elected as needed The Chair and
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Vice-Chair shall serve terms of one (1) year and shall be eligible for re-election.
Both may be eligible to succeed themselves for three (3) terms.
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E.
2. Advisory Board Year
The Board shall use the Orange County fiscal year as its meeting year.
3. Mee ' s
Regular meetings of the Board shall be held on the third Wednesday of each month
at a•time established by the Board. When the regulaz meeting day falls on a legal
holiday, the Board may call a special meeting.
Special meetings may be called by. the Chair or by written request of two (2)
members of the Board, submitted to the Board or the Chair. Written or oral notice of
special meetings shall be given to all members at least forty-eight (48) hours prior to
the meeting and shall state the time, place and purpose of the meeting.
All meetings shall be open to the public.
4. guonun and Majority Vote
A quorum of the Board shall consist of a majority of the appointed members of the
Boazd. All issues shall be decided by a•majority vote of the members of the Board,
except as otherwise stated herein or in the adopted Rules of Procedure.
5. Records
The 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 shalt
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.
Duties '
The Board shall have the authority to: ~ --- Forn~atted: JusflPied
1. Review and approve the form of the agreement to sustain agriculture required in
Section V ofthis ordinance;
2. Review and approve applications for qualifying farmland certification and make
recommendations concerning the establishment and modification of Agricultural
Districts and participating farms therein as defined in this Ordinance;
3. Review and make recommendations concerning proposed amendments to this
ordinance;
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4. .Conduct public hearings;
5. Hold joint public hearings with the Orange County Board of Commissioners on
public projects likely to have an impact on agricultural operations within Orange
County;
6. Advise the Board of County Commissioners on projects, programs or issues
affecting the agricultural economy or activities within the county and that will
affect Agricultural Districts;
7. Study additional methods of farmland preservation and make recommendations to
the Orange County Board of Commissioners; and
8. Perform other related tasks or duties assigned by the Orange County Board of
County Commissioners; and
9. Provide recommendations and input on modifications to the Oran¢e Connty_.
Agricultural Development and Farmland ,Protection ~an,,as defined in N.C.G_.S.
§106-744 (e) (1) end the Count~Lands Legacy Program, for presentation to1': -
~'.
the Board of Commissioners. `
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ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS
AND ENHANCED VOLUNTARY AGRICULTURAL DISTRICTS * - - -
A. Rye -°~--------- --- .... omacea:
Otange County is hereby divided into 7 agricultural Distric Re 'ons that will become_ „ _ - • Cdeted: votmmy
effective upon implementation as provided in this Article. The boundaries of each Re o ''' od~ea:.
are identified as follows and are depicted on the map which is Exhibit A to this Ordinance: ' ~ ud~ea: pl~cc
1. Cedaz Grove
2. High Rock / Efland
3. Cane Creek / Buckhorn
4. White Cross
5. New Hope
6. Schley / Eno
7. Caldwell
B. Implementation
I In order to implement the purposes stated in Article lI>y this program provides for the
creation of Voluntary Agricultural Districts that meet the following standard:
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1 ~ The District or Enhanced District shall consist of a minimum of one or more
2 Certified Qualifying Farms.
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Familand that does not meet the minimum acreage requirement to be certified but that meets
all other certification qualifications may be added to an existing District or Enhanced
District upon execution by the owner and the recording of a conservation agreement
between the County and the owner.
Alt land enrolled in a Region defined in Section VI.A, above, shall be Dart of a single
district, whether enrolled in the District or the Enhanced District. If a single farm has
acreage in two or more regions the farm shall participate in the district where the
largest acreage is found All land in a region as defined in Section VI.A. above, shall
be treated as a sin le district v-•hether enrolled in the District or the Enhanced District
C. ucation
The County may take such action as it deems appropriate through the Board or other entities
or individuals to encourage the formation of the Districts or the Enhanced Districts and to
further their purposes and objectives, including the implementation of public information
programs to reasonably inform landowners of the agricultwal district program.
D. Addition and Withdrawal
1. Qualifying farmland in a Region shall be added to t, he _A~ricultur_a_t D_i_st_ri_c_t_a_s~_,.. - Formattea: Font eow
provided in this Ordinance. ~ Formatted: rodent left oS",
Hanging: 0.5"
2. In the event that one or more Certified Qualifying Farms in the Agricultural District
withdraws and the acreage in the District or Enhanced District becomes less than
the minimum acreage required or results in the remaining land being
nonconti~ous.,agy Ap~ricultural District will continue to exist so long as there is_;_- uer~ed:,
-------------------------
one Certified Qualifying Farm in the Agricultural District. ~' aerated: vurmOr
ARTICLE VII .
CERTIFICATION AND QUALIFICATION OF FARMLAND
A. Requirements ,..- Formatted: th:dersne
To se~ctire County certification as qualifying farmland (Certified Qualifying Farm), a farm must:
Be located in the unincorporated area of Orange Countya _- oereted• Coorutofaadnimumot20-
------------------' condguoncea:es
2. Be participating in the farm present-use-value taxation program, for• agriculture,
horticulture or forestry, established by N.C.G.S. §105-277.2 through §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 ;
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A.
3. Be certified by the Natural Resources Conservation Service of the United States
Department of Agriculture as being a farm on which atleasttwo-thirds of the land is
composed of soils that:
a_ Are best suited for providing food, seed, fiber, forage, timber, forestry
products, horticultural crops and oil seed crops;
b. Have good soil qualities;
c. Are favorable for all major crops common to the county where the land is
located;
Have a favorable growing season; and ^ ~ - FD^°0~0 rnd«~ ~ ~"
' Formatted: aullels and Nt°nbarhip
e. Receive the available moisture needed to produce high yields for an average
of eight out often years;
OR
Have been actively used in agricultural, horticultural or forestry operations as
defined by N.C.G.S. §105-277.2 (1,2,3) during each of the five previous years,
measured from the date on which the determination must be made as to whether the
land in question qualifies;
4. 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 (have a current conservation farm plan and/or
forestry management plan associated with the current usages and owner); and
5. Be the subject of a conservation 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.
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
(ication and Certification Procedures - Formatted• underline
~pP---------------- -------------------------------------°" •
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_ V_ oluntary_ or Enhanced ''Voluntarv_ - - - -(-meted: ~mm -~
Agricultural District by the Board of Commissioners.
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Z.
Applications for qualifying farmland certification shall be made to the County
Department of Emdronment, Agriculture, Parks and Recreation_ on forms
provided by the Deparhtent.
The Department of En~~ironment, Agriculture, Parks and Recreafion shall
review each application for completeness. When complete, the application shall be~`^
forwarded to:
Deleted: Eavhoamem gad ltewuce
Coastavaboa Department
Formatted: Not Hlghpph<
Deleted: F.nvhonmem end Reaomca
Contervadoa Department
Formatted: Not Hl~tlight
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4.
$.
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 ,%
expit•ation of the thirty (30) derv period specified in this subsection A.2~or~anv ,'
extension thereof ;
The Board shall tender a decision within sixty (60) days of the meeting at which ,`s
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
sixty(60)daysofthemeeting,~_______________ .'~
1
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 Btiazd of
Commissioners shall consider the findings of the tax supervisor and Natural ~~
Resources Conservafion Service offices as well as the recommendation ofthe Board.
Upon approval by the Board of Commissioners, the establishment of a Vohmtazy or ~;
Enhanced Voluntary Agricultural District shall become effective upon recordation ;
of the necessary conservation agreements, prepared in accordance with Article VII, ;
Section A.S., executed by the landowner and the county, and recorded in the County '
register of deeds as provided in G.S. 121-41.
6. Upon recordation of the requisite number of conservation atreements~ the_, ~ ~ ,
Department of Environment, Agriculture, Parlcs and Recreation. will no the ,_~
_ ~'_
Tax Administration Department_of the_~lgricultural District established. The ''
Agricultural District and each requisite conservation agreement will be identified '~~
Dieted: Witten 3d days of receivlag
m applicadoa, the oiicec sated is this
subsection stall evaluate the applltxtlon
for compliance with Eta regnhemeals of
this subsecion A.2. and mmrn their
fmdmgc to the fiovimnmeat and
ltesoutca Conservati~ Depattmmt 1La
Envamtmmt and Itawerce Coneervedon
Department shall pmsem the application
for consideration at the first meeting of
the Board, foaowiog maipt of tlrc
Sndb~gc of eta offices stated is ibis
snbseceioa
Formatted: N~ Highlight
Deleted: Withiu 60 drys of receipt of
the findings of the tax supervisor gad
Natumi Iteaetaeca Conaervetion Service
offices, the Board wgi render a decision
mg~6 ~ ryPliption for gmtifyiag
fe®land stems, end, if applicable,
prepare a recommeadatlon m the Board
of Commissioners regarding the
establishment of a Vol>mtery Agricaltnmi
Diseict.lLe their of the Board wr71
~tify the applicam by mail of the Board
dedeioa as m vdrWher the mat properly
fw which artificeuon is aoogbt satic5as
the eriteria established in this Ordiamce
eaa has been eerti5ad as qualifying
famlaad.lbe ehev of the Board wig also
notify the gtplkeat of the Boerd'e
recommendation coucemiog Volaamry
Agriwlhual District desigmd~.
Formatted Not Highlight
Deleted: eesemems
Deleted: F.avimnmmtaad Resomca
Conservation Dapartmmt
Formatted: Not Highlight
Deleted: tax supervisor
on the County GIS. Deleted: voluntary
Deleted: easement
Draft Revisions - 8
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B. Appea(
If an application is denied by the Agricultural Preservation Boal•d, the landowner
may, within fifteen (15) days of notification of disapproval of the applit:ation, 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 1•eguest for reconsideration was made, or denial after reconsideration, the
landowner shall have thirty (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 Snal.
-
- Deleted: Renewal of Coasavatioa
----------------------------------------------------------- A~~~
t-------------------------------------------------------------~--------~
ARTICLE IX '; 1
Print to the expineoa of the c~aevation
REVOCATION AND RENEWAL OF CONSERVATIOIvtAG1tEEMENT
~ ~emcnt ?:dined hereiq the owmn of
th
_ _ _ _ __ _ ~
, qualifying>htmltmdmayrt:aewitfor
, ; en additional IQyeapnciod by reeordiog
A. Revocation ;,
` with theOraageComtyRegiaterof
Deeds a Declaration of RmewaL
,
•,4;; Conservatioaegreementcnottmawad
a landowner of qualifying farmland may revoke the ~,~,;',
By written notice to the Board Priorwtheexpiradoaoftheltlyear
,
, , ,
Conservation Agreement or the Board may revoke the same Conservation Agreement based ~~,~
;, Period may be renewed pmauent b a aaw
app6ca6onrnrqudifyiog firmlend to
~
on noncompliance by the landowner, subject to the same provisions as contained in Article ~;~ ;',
~
~ P1O7/d~amm"o'a'°®ne'
;; Deleted:'
VIII for appeal of denials. Such revocation shall result in loss of qualifying farm status and
;;
loss of eligibility to participate in an Agricultural District Absent noncompliance by the ;', `, Deieted:PRESBRVaTiox
landowner, neither the Board nor the Board of Commissioners shall revoke any ;, Formatted: Indent: Hanging:
conservation agreements prior to its expiration. ;; o.~s^, Tabs: os", List tab + Not an
Form=tze ,: BuOetsand Numbering
B. Renewal +,, Fot inau~ : Indent: Ldt: 0.25"
~
~~ • ___
_
Format; i:Indertt: Left: 0",Tabs:
1._ District A Conservation Agreement for land with a Voluntary Agriculturah,~. `,
' Ds^, u~~ 3b+Notat o.75"
•`
Dish•ict shall be automatically renewed miless that landowner(s) provides 30- s` Fonnatted:BtdletsandNtartbtshg
tiny written to the Asricultural Preservation Board of intent not to renew. `~• Fornatted:Indent: Left: 0.25"
Absent noncompliance by the landowner, neither the Agricultural Preservation ~~~ Formatted: Ftmt: Bold, Undtaline
Board nor the Board of County Commissioners shall fail to renew any Formatted: Ntxnbered+ Level:2+
Conservation Agreement unless this Ordinance or its authorizine leeislation Numberingstylai,2,3,...+Smrt
has been repealed. at: i + ~ sgnment: Left+ Mgned at:
D. ` ' + ? after. 1' + Indent at 1"
~---
Fo: na:.,_ : IndettG Left: 0.75"
2. Enhanced District. A Conservation Agreement for an Enhanced VoluntaryF--_ ;
Agricultural District shall be deemed automafically renewed for an additional F
. Numbered+Levei:2+
r: ,~ ~le:i,2,3,...+start
term of three (3) years, unless either the Agricultural Preservation Board or the at - pent: Left+ Aligned at:
landowner(s) gives written notice to the contrary prior to the termination date 0. _ -. 'ter: 1"+IrtdentaC i"
of the Conservation Agreement. At the end of each three-year term the
Conservation Agreement shall automatically reneFV for an additional three-
year term unless notice of termination is given.
TAR~ICLE ~_ _ --"`>c- r ,_ Font: add
ADDITIONAL ENHANCED AGRICULTiJRAL DISTRICT BENEFITS ~ r ;;entered
Draft Revisions - 9
• - - - Formatted: Bulhas and Numbering
• -' - Formatted: Indent: Left: 0.5"
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. - - - Forman d: LeR
Land enrolled in the Enhanced Voluntary Alri-icultural District program is entitled to all of
the benefits a~ ailable under the Voluntary Agricultural Distnct program, and to the followinit
additional benefits:
A, Sale of Non-farm Products
Landowners participatinff in Enhanced Districts may receive up to twenty-five percent,
gf cross sales from the sale of nonfarm products and still auahfv as a bona fide farm ~`~
that is exempt from County zoning ret?uhtions under N.C.G.S. &153A-340(bl. A `
farmer seekin¢ to benefit from this subsection sh•tll have the burden of estabhshinQ
that the property's sale of nonfarm products drd not exceed twenty-ftve percent of rts
gross sales.
•---
For tt :: t.~t, Indent Left: 0",
Numbere + Level: 1 + Numbering
Stye: A, : , C, ... + Start at 1 +
Aiignmen :Left + Aligned at 0.25"
+ Tab of r; 0.75" + Indent at:
0.75", Ta: s: OS", LJst tab + NM at
0.75"
Forroatt~ d: Indent Left: OS",
Tabs: 0. ", LeR
Formatted: Tabs: 0.5", Left
Pormatte t: Indent: Hanging:
0.75", Nur ~ered + Level: 1 +
Numberin style: A, B, 4 ... + Slant
at: 1 + AI ment: leR+ Aligned at
0.25" + T ,after. 0.75" + Indent
at: 0.75" I ~bs: 0.5", left
Formatt I: tabs: 0.5", LeR
Formatt +: Indent: Leff 0.5",
Tabs: O.s", Left
r~,rmar: :Indent: Hanging:
c.,s", t, ,ered + Level: 1 +
t. ~mberi, ":ryle: A, B, G ... + Start
a~: 1 + AI, .nment: Left+ Alkpxd at
0.25" + T~ - ~Rer. 0.75" + Indent
at: D.75", ~bs: 0.5", LeR
t ormattt :Indent LeR: 0.25",
labs: D.` '.eft
Formatt~ :Indent: LeR: 0.5",
_Tabs: D.' '.eft _
urmatt :Tabs: 0.5-, LeR
-rormar :Indent: Hanging:
: ~mberi `•yle: A, B, C, ... + Start
1 + lent: Left+ Allgnedat
after. 0.75° + Indent
~bs: 0.5", Left
B Agricultural Cost Share Prosrram
w
Landownels participating in Enhanced Districts are eligible under N.GG.S. &143- :~`,
215 74(b) to receive the higher percentage of cost-share funds for the benefit of that ~•• `
farmland under the Agriculture Cost Share Frogram estabhshed pursuant to Part 9 of ` ••
Article 21 of Cha ter 143 of the General Statutes for funds to benefit that farmland. ` .
C PriorityConsideration ``'
- e
State departments insfitutions or agencies that award grants to farmers area',
encouraged to hive priority consideration to landowners paificipahng In Enhanced ', `,~
Districts. ~~ ~~
.~
~ ~,
D Ufility Assessment Waiver ~~ ~
.`~~
As provided in•Article XIX below waiver of all County ufility assessments in addition~;,`~`~ ,
to waiver of water end sewer assessments is avaihble to all participants ~n Enhanced ';, `,
`,
Districts. `
' ~,
~~~
,~
ARTICLE XI `~'t
PUBLIC HEARINGS ';
A. Purpose
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 an
Agricultural District until such agency or unit has requested the Board to hold a public
hearing on the proposed condemnation.
B. Procedure
rmaY Tabs: 0.5", Left
rmar~ :Indent Left: 0.5",
s: 0.. !.eft
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Upon receiving a request, the Board shall publish notice describing the proposed
action in the appropriate newspapers of Orange 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 beheld within ten (10) days of receipt of the request
2. The 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 the agricultural activities of the A¢ricultural
District within which the proposed action is to take place.
3. The Board shall consult with the Deuartment of Environment, Aericulture. Parks
and Recreation, County Agricultural_lixtension_Agent, the Natural_R_esources_, - Ddetea:ruviroommtsodRecwuce
Conservation Service District Conservationist, and any other individuals, agencies, c~a""°~ahO`~
or organizations deemed by the Board to be necessary for its review of the proposed
action
4. Within five (5) business days after the hearing, the 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 often (10) days allowed for public comment on the report of
the Boazd.
6. After the ten (10) day period for public comment has expired, the 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 thq Board shall mutually agree upon a s_ch_ed_u_1_e to be_ „ - Deietea:
set forth in writing and made available to the public.
8. Pursuant to N.C.G.S. §106-740, the Board of Commissioners shall not pemut any
formal initiation of condemnation' by local agencies while the proposed
condemnation is properly before the Board.
ARTICLE XQ
Draft Revisions - 1 I
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NOTIFICATION
A
Procedwe
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~.'he Orange County Tax Adm_inis_tration De~a,-tment and the Register of Deeds. ,..- Deleted:,
shall implement and enforce the following requirements outlined in this secgon.^'~ ' Formatted: For,lr Bold
Upon certification of qualifying farmland and designation of real property as ag ~ Deletea:l,max~ora,D~mc
Asricultural District, the PIN History to that qualifying farmland and real properly,
which is contained in the Orange Cowity Tax Administration Denartmenf, and - Formatted: Fonh Bold
the Register of Deeds, shall be changed to include a notice reasonably calculated to~`: ~` Deleted: t.~,a xxora, ~
alert a person researching the title of a particular tract that is located within one-half ~~ Formatted; Font: Bold
aerial mile of a qualifying farm in a Voluntary Agricultural District or an Enhanced
Voluntary A~ricultwal District of the existence of that district.
Record Notice of Proximity to Voluntary Agricutural Districts and Enhanced Voluntary
Agricultural Districts
2. Limit of Liability
In no event shall the County or any ol~ its ofFicers, employees, or agents be held
liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in
good faith in connection with the dufies or obligations imposed by this ordinance.
3. No Cause of Action
]n 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. Sienaee
Signs identifying approved agricultural districts shall be placed along the rights-of--way of
major roads that pass through or next to those districts. Additionally, signs shall be posted
at the perimeter of qualifying farms that have executed the Conservation Agreement to
participate in the Agricultural District. Placement of signage shall be coordinated with the
N.C. Department of Transportation.
C. a s
Maps identifying approved Voluntary Agricultural Districts and Enhanced Voluntary
Agricultural Districts qualifying farms shall also be provided to the following agencies or
offices:
a Register of Deeds;
b. U.S. Natural Resowces Conservation Service / N.C. Soil and Water Conservation
Dlstrlct;
Draft Revisions - 12
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e. North Carolina Cooperative Extension Service;
d The Department of En~~ironment, Agriculture, Pants and Recreafion: _ _ _ -'• Deietc-.: en afrunmmtaoa $mNlrOe
- -- v` Consenu'~',~n Depar6pmt
e,~,_ _ _ _ Planning and Inspections Deparhnent_ and _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ~. _~
An other such en or office the Board deems a ro Hate - - - -` . Formatted: Indent: Leff: 0.5",
------~--------~- ~-------------------pp -P---'------------- Hanging: tJ.S"
Deleted: d
ARTICLE XIII De~etea:
SUBDIVLSION REGULATIONS AND ZONING ORDINANCE REVIEW
Developers of major subdivisions or planned unit developments shall designate on any final
plats to be recorded the existence of the Agricultural Districts within one (1) aerial mile(s)
of the proposed development.
ARTICLEXIV------------------------------''` o ~~c~~^ _~
WAIVER OF WATER AND SEWER ASSESSMENTS
A.
Abeyance
Water and sewer assessments for systems owned or operated by Orange County shall be
held in abeyance, without interest, for farms in an Ap~ricultural District, until improv_ements_ ~..--~rmatted: Font: Not Bold
on such property are connected to the water or se~~er system for which the assessment was
made.
B.
Termination of Abeyance
When the period of abeyance ends, the assessment is payable in accordance with the terms
set out in the assessment resolution.
C.
Suspension of Statute of Limitations
Statutes of limitations are suspended during the time that any assessment is held in abeyance
without interest.
D. Other Statutory Abeyance Procedures
Nothing in this section is intended to diminish the authority of the County to hold
assessments in abeyance underN.C.G.S. §153A-201, or other applicable law.
E. Conflict with Water a~id/or Sewer System Construction and Improvements Grants
To the extent that this section conflicts with the terms of federal, state, or other grants under
which county water and/or sewer systems are constructed this Article shall not apply.
ARTICLEX~V_____________________________-'`" Deleted:I
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COUNTY LAND USE PLANNING
3 A. Duty of the Board
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5 It shall be the duty of the Boazd and the Department of Environment, Agriculture, Parks _...
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6 -
and RecreatioRto advise the Board of Commissioner~on the status, pr0~['ess, and activities -
- ---
- Deleted: L-nviroummtandRewmee
-
7 ~ ------------------------
of the county s Agricultural District program and to also coordinate the formation and ~' CoasavntionDepertment
8 maintenance of agricultural Districts with the County's comprehensive planning and Deleted:
9 elements of the County Comprehensive Plan.
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11 B. Posting of Notice
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13 The following notice, of a size and form suitable for posting, shall be posted in the office of
14 the Register of Deeds and maxbe posted in other County offices such as the vestibule of the _
15 I
West Campus Office Buildin~_ - __
-- Delete-: c.:,naxeoordsDepeAmwe
16
17 Orange County has established Agricultural Districts to protect and preserve agricultural
18 lands and activities. These districts have been developed and mapped by the County to
19 inform all purchasers of real property that certain agricultw•al and forestry activities,
20 including standard agricultural practices that may occur in these districts in accord with
21 Federal, State and local ordinances and Zaws. Maps and information on the location and
22 I nf E~rvironntei:t.
establishment of these districts cats be obtained from the Depnrbr:errt
23 -
Agriculture. Parks arrd Recreation
Deleted:nvironmmtadResonrce
24 -
- Cacsen~r, ;;;,, Depardnmt ooln
ZS
26 ~ ARTICLE xvI
27 CONSULTATION AUTHORITY
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29 The Board may consu]t with the Department of Environment, Agriculture, Parks and _
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30 _
Recreation„ the North Carolina Cooperative Extension Service, tfre Natural Resources _ -- De~ctc,.: ..~. ,.mant~ndRnomce
armreoe
`'° De
oO°"',
"'
31 Conservation Service office, the North Carolina Department of Agriculture and Consumer p
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32 Services, and with any other individual, agency, or organization the Board deems necessary
33 to properly conduct its business. The Department. of Environment, Agriculture. Parks
34 and Recreafion_is designated as theprimary staff support to the Board. _ -- Delete t:onmwtmdRaoama
.rent
Co.
35 ~ . _
36
37 ~ ARTICLE XVII
38 NORTH CAROLINA AGENCY NOTIFICATION
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40 Annual Report to the North Carolina Department of Agriculture and Consumer Services
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42 A copy of this ordinance shall be sent to the Office of the North Car c ,'ina Commissioner.of
43 Agriculture and Consumer Services, the Board of Commissioners,-tire County Office of the
44 North Carolina Cooperative Extension Service, end the Soil and Water Conservation __
45 I District office after adoption. At least annually the County shall submit a written report to_ - -- Deter- .
Draft Revisions - 14
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i the Commissioner of Agriculture and Consumer Services on the county`s agricultural district
2 program, including the following information:
3
4 1. Number of landowners enrolled;
5 2. Number of acres enrolled;
6 3. Number of acres certified during the reporting period;
7 4. Number of acres denied during the reporting period;
8 S. Number of acres for which applications are pending;
9 6. Copies of any amendments to the ordinance; and
10 7. Any other information the Advisory Board deems useful.
11
12
13 ~ ARTICLE XVIII
14 LEGAL PROVLSIONS
15
16 A. S~everability
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18 If any article, section, subsection, clause, phrase, or portion of this ordinance is for any
19 reason found invalid or unconstitutional by any court of competent jurisdiction, such
20 decision shall not affect the validity of the remaining portions of this ordinance.
al
22 B. Amendments
24 This ordinance maybe aznended from time to time by the Board of Commissioners.
25
26 -'~
27 ~ ART'ICLEX~,---------- --------------''"~ De~ece_ ~.n
2g PURCHASE OF AGRICULTURAL CONSrRVATION EASEMENTS
29
30 A. As provided in the N.C. General Statutes, Section 106-744, and included in the County's
31 Lands Legacy Program, Orange County may, with the voluntary consent of landowners,
32 acquire by purchase agricultural conservation easements on qualifying farmland aS
33 defined in this ordinance and located within a Vohmtary Agricultural District or
34 Enhanced Voluntary Agricultural District_as defined in this ordinance.
35
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37 This ordinance shall be effective from and after April 1, 1992. .
38
39 Duly adopted by the Board of Commissioners of the County of Orange, North Carolina, this 24th
40 day of March, 1992.
41
a2 ( Amended: 9/22/92; 5/24/93; 4/)_7/00_ 6/23105.
43
44 --~
45 ~ ARTICLE X,X _ _ _ _ , "- Deletes
Draft Revisions - 15
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ENACTMENT
The Orange County Board of Commissioners hereby adopts and enacts the preceding
articles and sections of this ordinance.
6 Adopted this the 23`~ day of June, 2005.
7
8 Motion for adoption by Commissioner Barry Jacobs, and seconded by Commissioner
9 Stephen Hallciotis.
10
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c____-_-
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Exhibit A
. - -" Formatted: Top: 0.6', Bottom'
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paleted:U
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Formatted: Font: Itelk
;~ Formatted: Centered
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--
pra~ Revtstoiir - 1 `i ~'~ ~'
o~r~ - aaeo - o~z
~~
d. Proposed Revisions to the Voluntary Farmland Protection Ordinance (VFPO)
The Board approved the revisions to the County's Voluntary Farmland Protection Ordinance.
e. Resolution to Endorse Orange County Segment of the Mountains-to-Sea Trail
The Board approved a resolution, which is incorporated by reference, in support of the
proposed corridor for the planned North Carolina Mountains-to-Sea Trail through Orange
County and authorized the Chair to sign, and directed staff to work with the County's partners
on the next stages of the project.
f. Proposed Master Plan -Hollow Rock Access Area at New Hope Preserve
The Board approved the proposed master plan for the Hollow Rock Access Area and directed
staff to schedule an opportunity for representatives from the Board to discuss master plan
implementation (including key issues, future construction, and operation) with representatives
from the Durham County Board of Commissioners, Chapel Hill Town Council, and Durham City
Council. The Board would select Commissioner representatives for this meeting at a future
point after completion of the current budget cycle (Note: Commissioners Gordon and Jacobs
currently serve on one existing group, the Durham-Chapel Hill-Orange County Work Group).
g_ Grant Application for Workforce Investment Act Youth Proposal
The Board approved authorizing the Manager to sign the grant application and staff to submit
the application; if the County is awarded the grant, authorized staff to negotiate an Agreement
with the Regional Partnership Local Workforce Development Area, subject to review by the
County Attorney, and authorized the Chair to sign the Agreement; and if the County is awarded
the grant, authorized staff to receive the WIA grant funds and implement an appropriate budget
amendment to reflect receipt of the funds.
h. Public Safety Communications Improvements
The Board approved the purchase of the items described under BACKGROUND to update the
Public Safety Communications Infrastructure; and approved funds up to $112,000 from the
Emergency Services Reserve Capital Project, allocate this amount to the Emergency Services
Department's capital budget section within the General Fund for the purchase, and approved
the attached capital project ordinance.
i. Renewal of Consolidated Agreement Between Health Department and NC Department
of Health and Human Services
The Board approved the annual consolidated agreement between the NC Department of Health
and Human Services and the Orange County Health Department, which provides State and
Federal funds to the Health Department to partially support mandated services, and authorized
the Chair to sign.
L Second Reading• Emergency Services Franchise by Ordinance for Johnston
Ambulance Service, Inc.
The Board:
1. Approved on Second Reading the granting of a franchise by ordinance to Johnston
Ambulance Service, Inc. (JAS) -the Franchise Agreement under which it will operate
and authorized the Chair to sign:
a. Convalescent Transport Services
- Basic Life Support Transport Services
b. Emergency Services
- Basic Life Support Transport Services
2. Authorize the Chair to sign the Franchise Agreement;
3. Approve the Franchise Agreement under which Johnston Ambulance service, Inc. will
operate during the five-year period of franchise, and that as a condition of the
Franchise, JAS enter into an Operations Agreement with Orange County within 90 days
to provide for the daily operational functions of JAS as it works within the Orange
County Emergency Services System; and