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HomeMy WebLinkAboutORD-2005-120 - Proposed Revisions to Voluntary Farmland Protection Ordinance (VFPO)9~ ORANGE COUNTY VOLUNTARY FARMLAND PROTECTION ORDINANCE ARTICLE I TITLE An ordinance of the Board of County Commissioners of ORANGE COUNTY, 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 preservation and improvement of agricultural 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 farmland by promoting agricultural values and the general welfare of the County, recognize the existence of important farmlands 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 IV DEFINITIONS The following are defined for purposes of this ordinance: Board: Orange County Agricultural Preservation Board. Chair: Chairperson of the Orange County Agricultural Preservation Board. District: Voluntary Agricultural District as established by this ordinance. Board of Commissioners: Orange County Board of Commissioners. Qualif~mg Farm: A farm that has met the qualification criteria set out in Article VII of this ordinance, is certified for the Voluntary Agricultural District Program. Certified Qualifying Farm: A farm that has met the criteria as a "qualifying farm" above, and has executed the provisions of Article VII.A, including the conservation agreement as specified herein. ARTICLE V AGRICULTURAL PRESERVATION BOARD A. Creation An Orange County Agricultural Preservation Board, consisting of seven (7) initial members appointed by the Board of County Commissioners, is hereby established. Thereafter, the Agricultural Preservation Board shall consist of up to seven (7) at-large members plus one member from each Agricultural District created and existing under this Ordinance, with members selected from Certified Qualifying Farms within Voluntary Agricultural Districts, appointed by the Board of County Commissioners. Additional appointments maybe made to satisfy the requirements of Section IV.B. l .b.of this ordinance. B. Membership Requirements a. Each Board member shall be a resident of Orange County. b. Each Agricultural District existing pursuant to this ordinance shall be represented on the Board by a person owning farmland on a Certified Qualifying Farm within the ~Districti~. The Board of County Commissioners shall appoint the Agricultural District representatives and shall make its selection of a representative for each Agricultural District from among Certified Qualifying Farms within the District. c. The remaining members of the Board shall be appointed at-large by the Board of County Commissioners to represent a broad range of agricultural interests. 2. Tenure Each member shall serve a term of three (3) years, except that the initial Board is 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 2 reappointments permitted. Notwithstanding the term limits contained in this section, Agricultural District representatives maybe appointed and re-appointed as necessary to insure that each District is represented as provided in Section B.l.b of this Ordinance. 3. Vacancies Any vacancy on the Board is to be filled for the remainder of the unexpired term. C. Removal Any member of the Advisory Board may be removed by the Board 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. Board 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 elect 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 Vice-Chair shall serve terms of one (1) year and shall be eligible for re-election. Both maybe eligible to succeed themselves for three (3) terms. 2. Advisory Board Year The Board shall use the Orange County fiscal year as its meeting year. 3. Meetings Regular meetings of the Board shall be held on the third Wednesday of each month at a time established by the Board. When the regular 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. Quorum and Majori Vote A quorum of the Board shall consist of a majority of the appointed members of the Board. 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 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. E. Duties The Board shall have the authority to: Review and approve the form of the agreement to sustain agriculture required in Section V of this 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; 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 countywide farmland protection plan, incorporated in the County's Lands Legacy Program, as defined in N.C.G.S. § 106-744 (e) (1) for presentation to the Board of Commissioners. cu iw ,7 ~ ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS A. Districts Orange County is hereby divided into 7 Voluntary Agricultural Districts that will become effective upon implementation as provided in this Article. The boundaries of each District are identified as follows and are depicted on the map which is Exhibit A to this Ordinance: 1. Cedar Grove 2. High Rock / Efland 3. Cane Creek / Buckhorn 4. White Cross 5. New Hope 6. Schley / Eno 7. Caldwell B. Implementation In order to implement the purposes stated in Article III, this program provides for the creation of Voluntary Agricultural Districts that meet the following standard: 5 The District shall consist of a minimum of one or more Certified Qualifying Farms. Farmland that does not meet the minimum acreage requirement to be certified but that meets all other certification qualifications maybe added to an existing District upon execution by the owner and the recording of a conservation agreement between the County and the owner. C. Education 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 and to further their purposes and objectives, including the implementation of public information programs to reasonably inform landowners of the agricultural district program. D. Addition and Withdrawal 1. Qualifying farmland shall be added to a Voluntary Agricultural District as provided in this Ordinance. 2. In the event that one or more Certified Qualifying Farms in the District withdraws and the acreage in the District becomes less than the minimum acreage required, a Voluntary Agricultural District will continue to exist so long as there is one Certified Qualifying Farm in the District. ARTICLE VII CERTIFICATION AND QUALIFICATION OF FARMLAND A. Requirements To secure County certification as qualifying. farmland (Certified Qualifying Farm), a farm must: Consist of a minimum of 20 contiguous acres; 2. Be participating in the farm present-use-value taxation program 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 ; Be certified by the Natural Resources Conservation Service of the United States Department of Agriculture as being a farm on which at least two-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; d. Have a favorable growing season; and 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; 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 A. Application and Certification Procedures 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 within a Voluntary Agricultural District by the Board of Commissioners. 1. Applications for qualifying farmland certification shall be made to the County Environment and Resource Conservation Department on forms provided by the Department. 2. The Environment and Resource Conservation Department shall review each application for completeness. When complete, the application shall be forwarded to: a. The tax supervisor's office; and b. The local office of the Natural Resources Conservation Service of the United States Department of Agriculture. Within 30 days of receiving an application, the offices stated in this subsection shall evaluate the application for compliance with the requirements of this subsection A.2. and return their findings to the Environment and Resource Conservation Department. The Environment and Resource Conservation Department shall present the application for consideration at the first meeting of the Board, following receipt of the findings of the offices stated in this subsection. 3. Within 60 days of receipt of the findings of the tax supervisor and Natural Resources Conservation Service offices, the Board will render a decision regarding the application for qualifying farmland status, and, if applicable, prepare a recommendation to the Board of Commissioners regarding the establishment of a Voluntary Agricultural. District. The chair of the Board will notify the applicant by mail of the Board's decision as to whether the real property for which certification is sought satisfies the criteria established in this Ordinance and has been certified as qualifying farmland. The chair of the Board will also notify the applicant of the Board's recommendation concerning Voluntary Agricultural District designation. 4. Upon receipt of the recommendation of the Board, the Board of Commissioners may consider establishment of a Voluntary Agricultural District. In deciding whether to establish a District, the Board of Commissioners shall consider the findings of the tax supervisor and Natural Resources Conservation Service offices as well as the recommendation of the Board. 5. Upon approval by the Board of Commissioners, the establishment of a 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 easements, the Environment and Resource Conservation Department will notify the tax supervisor of the Voluntary Agricultural District established. The District and each requisite conservation easement will be identified on the County GIS. B. Renewal of Conservation Agreement Prior to the expiration of the conservation agreement defined herein, the owners of the qualifying farmland may renew it for an additional 10-year period by recording with the Orange County Register of Deeds a Declaration of Renewal. Conservation agreements not renewed prior to the expiration of the 10-year. period may be renewed pursuant to a new application for qualifying farmland as provided in this Ordinance. ARTICLE IX REVOCATION OF PRESERVATION AGREEMENT By written notice to the Board, a landowner of qualifying farmland may revoke the Conservation Agreement or the Boazd 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 Board nor the Board of Commissioners shall revoke any conservation agreements prior to its expiration. ARTICLE X 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 a District until such agency or unit has requested the Board to hold a public hearing on the proposed condemnation. B. Procedure 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 be held within ten (10) days of receipt of the request. 2. The Boazd 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 District within which the proposed action is to take place. 3. The Board shall consult with the Environment and Resource Conservation Department, County Agricultural Extension Agent, the Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Board to be necessary for its review of the proposed action. 4. Within five (5) 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 Board. 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 the Board shall mutually agree upon a schedule to be set forth in writing and made available to the public. Pursuant to N.C.G.S. §106-740, the Board of Commissioners shall not permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the Board. ARTICLE XI NOTIFICATION A Record Notice of Proximity to Voluntary Agricultural District Procedure 10 The Orange County Land Records Department shall implement and enforce the following requirements outlined in this section. Upon certification of qualifying farmland and designation of real property as a District, the PIN History to that qualifying farmland and real property, which is contained in the Orange 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 is located within one-half aerial mile of a qualifying farm in a Voluntary Agricultural District of the existence of a qualifying farm in a Voluntary Agricultural District. 2. Limit of Liability In no event shall the County or any of its officers, employees, 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~nage 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 District. Placement of signage shall be coordinated with the N.C. Department of Transportation. C. Maps Maps identifying approved Voluntary Agricultural Districts qualifying farms shall also be provided to the following agencies or offices: a. Register of Deeds; b. U.S. Natural Resources Conservation Service / N.C. Soil and Water Conservation District; . c. North Carolina Cooperative Extension Service; d. Planning and Inspections Department; and e. Any other such agency or office the Board deems appropriate. ARTICLE XII 11 SUBDIVISION 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 Districts within one (1) aerial mile(s) of the proposed development. ARTICLE XIII WAIVER OF WATER AND SEWER ASSESSMENTS A. Abevance Water and sewer assessments for systems owned or operated by Orange County shall be held in abeyance, without interest, for farms in an agricultural district, until improvements on such property are connected to the water or sewer system for which the assessment was made. B. Termination of Abevance 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 Abevance Procedures Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C.G.S. § 153A-201, or other applicable law. E. Conflict with Water and/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. ARTICLE XIV COUNTY LAND USE PLANNING A. Duty of the Board 12 It shall be the duty of the Board and the Environment and Resource Conservation Department to advise the Board of Commissioners s 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 comprehensive planning and elements of thews County Comprehensive Plan. B. 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 the Land Records Department: Orange= 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 standard agricultural practices that may occur in these districts in accord with Federal, State and local ordinances and laws. Maps and information on the location and establishment of these districts can be obtained from the Environment and Resource Conservation Department office. ARTICLE XV CONSULTATION AUTHORITY The Board may consult with the Environment and Resource Conservation Department, the North Carolina Cooperative Extension Service, the Natural Resources Conservation Service office, the North Carolina Department of Agriculture and Consumer Services, and with any other individual, agency, or organization the Board deems necessary to properly conduct its business. The Environment and Resource Conservation Department is designated as the primary staff support to the Board. ARTICLE XVI NORTH CAROLINA AGENCY NOTIFICATION Annual 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 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: 13 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 XVII LEGAL PROVISIONS A. Severability 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. Amendments This ordinance maybe amended from time to time by the Board of Commissioners. ARTICLE XVIII PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS A. As provided in the N.C. General Statutes, Section 106-744, and included in the County's Lands Legacy Program, Orange County may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements on qualifying farmland as defined in this ordinance and located within a Voluntary Agricultural District as defined in this ordinance. This ordinance shall be effective from and after April 1, 1992. Duly adopted by the Board of Commissioners of the County of Orange, North Carolina, this 24th day of March, 1992. Amended: 9/22/92; 5/24/93; 4/17/00, 6/23/05. ARTICLE XIX ENACTMENT The Orange County Board of Commissioners hereby adopts and enacts the preceding articles and sections of this ordinance. 14 Adopted this the 23'~ day of June, 2005. Motion for adoption by Commissioner Barry Jacobs, and seconded by Commissioner Stephen Halkiotis. Exhibit A Voluntary Agricultural District Mau pas: vfpo-624os adopted 15 o~tp -~vc~s-ia~ lP -a ,3 -- ®,.~ ~ lv Commissioner Jacobs would like to ask that a planning committee be set up including County Commissioners and senior citizens for the senior center. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve the accompanying contract, subject to final review by staff and the County Attorney, and authorize the Chair to sign it; authorize the Manager to engage the services of a qualified CPA firm to conduct an audit of the SportsPlex financials for the fiscal year ended May 31, 2005, and to execute any appropriate agreements related to such an audit; and authorize the Manager to proceed in pertinent due diligence activities related to the purchase of the facility, to include negotiating potential development and operations contracts with third parties. VOTE: UNANIMOUS A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to extend the meeting to complete the agenda. VOTE: UNANIMOUS e. Proposed Revisions to Voluntary Farmland Protection Ordinance (VFPO1 The Board considered a proposal from the Agricultural Preservation Board for revisions to the County's Voluntary Farmland Protection Ordinance. Environment and Resource Conservation Director Dave Stancil made this presentation. The changes are highlighted in the materials beginning on page 3. The proposal is to lower the threshold to allow for alternative and organic farms to participate in the program. The acreage would be lowered from 80 to 20 acres. Commissioner Gordon made reference to page 5 and suggested a change in language as follows: "After a member has been recorded with three consecutive unexcused absences, the board, by a majority vote, may recommend to the Board of Commissioners that the member be removed." She said that this would give the Ag Board a positive role and be able to proceed. The Board agreed. Commissioner Jacobs made reference to page 19, #3. He asked if this was referring to members of the Ag Preservation Board. He suggested that this be pointed out in the language. Commissioner Jacobs would like to revisit this with a larger map. He does not mind adopting this now, though. Commissioner Gordon suggested that there be two people from each district to serve on the board. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to approve the ordinance revisions with the changes in language as stated above. VOTE: UNANIMOUS f. Appointments (1) Transfer of Development Rights Task Force -Initial Appointments The Board considered making initial appointments to the TDR Taskforce. A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee to approve all the applicants: Betty Cross, Robert Dowling, Monica Evans, Martha Hoylman, Robin Jacobs, G. Jason Jolley, Marge Anders Limbert, Hervey McIver, Pamela Paul, Scott Radway, and Martin Rody VOTE: UNANIMOUS (2) Fairview Park Planning Committee -Appointments