HomeMy WebLinkAboutAgenda - 06-04-2013 - 5dORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 4, 2013
Action Agenda
Item No. 5 -d
1
SUBJECT: Revisions to Orange County Voluntary Farmland Protection Program Ordinance
(Code of Ordinances Chapter 48)
DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y /N) No
and Recreation
ATTACHMENT(S):
1) Detailed Explanation and Suggested
Revisions to Ordinance
2) Highlighted Strike - through - Delete
Version of Orange County Voluntary
Farmland Protection Program
Ordinance (Code of Ordinances
Chapter 48)
INFORMATION CONTACT:
David Stancil, 919 - 245 -2510
Gail M. Hughes, 919 - 245 -2753
Peter Sandbeck, 919 - 245 -2517
PURPOSE: To approve minor changes to the wording of the Orange County Voluntary
Farmland Protection Program Ordinance (Chapter 48, Orange County Code of Ordinances) to
help prospective farm owners better understand the renewal process for farms enrolled in the
County's Voluntary Agricultural District (VAD) Program.
BACKGROUND: Orange County's Voluntary Farmland Protection Program was started in 1992
to provide a range of benefits to encourage the preservation and continued viability of the
County's farms. Authority for this program was established by the State of North Carolina in
1985 through North Carolina General Statute (NCGS) 106 -735 to NCGS 106 -744, as amended
up through 2011.
In 1992, the County adopted its own ordinance (Chapter 48 — Voluntary Farmland Preservation
Program), with amendments up through 2010, as a mechanism of encouraging the County's
farm owners to protect their farms through a program of short -term voluntary conservation
agreements. In exchange for enrolling in the program, farm owners are able to enjoy certain
benefits and protections as allowed by state law. To date, 25 farms have enrolled in the
Voluntary Agricultural District (VAD) program, totaling 4,994 acres within the seven districts
comprising the non -urban portions of the County.
Language regarding the renewal of the VAD agreements as contained in the State enabling
legislation (and incorporated into the County's ordinance) was not clearly worded and has
caused some confusion for property owners and staff regarding the exact details of the renewal
process. The State provided improved wording in a later amendment in 2005 that implemented
the Enhanced Voluntary Agricultural District (EVAD) Program. However, the earlier vague
language for the renewal process remained in place for the VAD program as the ordinance was
codified into the County's Code of Ordinances. The proposed change of wording for the VAD
section of the County's ordinance will clarify the renewal process and make the wording
consistent with the wording for the EVAD renewal process.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends that the Board adopt the minor changes
to the wording of the Orange County Voluntary Farmland Protection Program Ordinance
(Chapter 48, Orange County Code of Ordinances).
K
ATTACHMENT 1
Revisions to Orange County Voluntary Farmland Protection Program Ordinance (Code
of Ordinances Chapter 48):
Introduction:
The County's current Voluntary Farmland Protection Program (VFPP) ordinance (Sec. 48-
9(b)(1))does not clearly explain and define the renewal process for VADs as now worded. At its
March 20, 2012 meeting, the Orange County Agricultural Preservation Board (APB) directed
DEAPR staff to develop new wording for their review and approval. The APB approved the
suggested new wording shown below at their regular meeting on May 15th, 2013. The ABP
directed DEAPR staff to proceed to present the proposed language change to the BOCC at their
meeting on June 4th, 2013. The proposed changes will make the VAD language more consistent
with the language for the renewal of properties enrolled in the Enhanced Voluntary Agricultural
District (EVAD) Program (Sec. 48- 9(b)(2)).
Existing VAD Renewal Language in the Orange County VFPP Ordinance (Sec. 48- 9(b)(1)):
"A Conservation Agreement for land with a Voluntary Agricultural District shall be automatically
renewed unless that landowner(s) provides 30 -day written notice to the Agricultural Preservation
Board of intent not to renew. Absent noncompliance by the landowner, neither the Agricultural
Preservation Board nor the Board of County Commissioners shall fail to renew any
Conservation Agreement unless this Ordinance or its authorizing legislation has been repealed. "
Note: this implies automatic renewal but this is not clearly stated. It also does not spell out the
renewal term /period. There is a term of 10 years implied elsewhere in the VFPP Ordinance in
Sec. 48 -7(5) where it states that the qualifying farmland for VADs and EVADs "must ... be the
subject of a conservation agreement... for a period of at least ten years.... "
Existing EVAD Renewal Language in the Orange County VFPP Ordinance clearly states
the renewal terms and does not require clarification (Sec. 48- 9(b)(2)):
"A Conservation Agreement for an Enhanced Voluntary Agricultural District shall be deemed
automatically renewed for an additional term of three years unless either the Agricultural
Preservation Board or the landowner(s) gives written notice to the contrary prior to the
termination date of the Conservation Agreement. At the end of each three -year term the
Conservation Agreement shall automatically renew for an additional three -year term unless
notice of termination is given."
Note: EVAD renewal terms are shorter than VAD renewal terms because the EVAD is
irrevocable for each term, whereas the VAD can be terminated by the owner at any time.
Proposed Wording Changes to Existing VFPP Ordinance:
Staff recommends the following changes in wording to the first sentence of existing
paragraph Sec. 48- 9(b)(1), as well as replacing ambiguous language about renewal with
wording shown in bold type, making it consistent with the way renewal is explained in the EVAD
portion of the VFPP ordinance.
"A Conservation Agreement for land within a Voluntary Agricultural District shall be
automatically renewed for an additional term of ten years unless
9 day written netine to the Agr4G JtU raI Oro con, -atien Rp ;;W of intent net to rono1e, either the
Agricultural Preservation Board or the landowner(s) gives written notice to the contrary
prior to the termination date of the Conservation Agreement. At the end of each ten -year
term, the Conservation Agreement shall automatically renew for an additional ten -year
term unless notice of termination is _-given."
ORD- 2013 -018
Attachment 2 4
PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM 1511
(51) Editor's note— Ord. of June 23, 2005, revised the former Ch. 48, §§ 48- 1- 48 -12, and enacted a new Ch. 48
as set out herein. The former Ch. 48 pertained to similar subject matter and derived from Ord. of Mar. 24, 1992,
§§ I —XII, eff. Apr. 1, 1992; Ord. of Sept. 22, 1992; Ord. of Feb. 22, 1993; Ord. of May 24, 1993; Ord. of June 1,
1999, §§ II I —V, VI I; Ord. of Apr. 17, 2000.
Sec. 48 -1. - Title.
Sec. 48 -2. - Authority.
Sec. 48 -3. - Purpose.
Sec. 48 -4. - Definitions.
Sec. 48 -5. - Agricultural preservation board.
Sec. 48 -6. - Creation of voluntary agricultural districts and enhanced voluntary agricultural districts.
Sec. 48 -7. - Certification and qualification of farmland.
Sec. 48 -8. - Application, approval, and appeal procedure.
Sec. 48 -9. - Revocation and renewal of conservation agreement.
Sec. 48 -10. - Additional enhanced agricultural district benefits.
Sec. 48 -11. - Public hearings.
Sec. 48 -12. - Notification.
Sec. 48 -13. - Subdivision regulations and zoning ordinance review.
Sec. 48 -14. - Waiver of water and sewer assessments.
Sec. 48 -15. - County land use planning.
Sec. 48 -16. - Consultation authority.
Sec. 48 -17. - North Carolina Agency Notification.
Sec. 48 -18. - Legal provisions.
Sec. 48 -19. - Purchase of agricultural conservation easements.
Sec. 48 -20. - Effective and adoption dates.
Sec. 48 -21. - Enactment.
Sec. 48 -1. - Title.
An ordinance of the Board of County Commissioners of Orange County, North Carolina, entitled,
"Voluntary Farmland Protection Ordinance."
(Ord. of 03 -24 -1992, Art. I, eff. 04 -01 -1992)
Sec. 48 -2. - Authority.
The articles and sections of this ordinance are adopted pursuant to authority conferred by the N.C.
Gen. Stat. §§ 106 -735 through 106 -744 and Chapter 153A.
(Ord. of 03 -24 -1992, Art. II, eff. 04 -01 -1992)
Sec. 48 -3. - 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
Orange County, North Carolina, Code of Ordinances
Page 1 of 13
PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
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.
(Ord. of 03 -24 -1992, Art. III, eff. 04 -01 -1992; Amend. of 06 -23 -2005, eff. 06 -23 -2005)
Sec. 48 -4. - Definitions.
The following are defined for purposes of this Ordinance:
Agricultural district: Voluntary Agricultural District and Enhanced Voluntary Agricultural District.
Board: Orange County Agricultural Preservation Board.
Board of commissioners: Orange County Board of Commissioners.
Certified qualifying farm: A farm that has met the criteria as a "qualifying farm" above, and has
executed the provisions of subsection 48 -7(a), including the conservation agreement as specified
herein.
Chair: Chairperson of the Orange County Agricultural Preservation Board.
District: Voluntary Agricultural District as established by this Ordinance.
Enhanced district: Enhanced Voluntary Agricultural District as established by this ordinance.
Qualifying farm: A farm that has met the qualification criteria set out in section 48 -7 of this ordinance, is
certified for the Voluntary or Enhanced Voluntary Agricultural District Program.
(Ord. of 03 -24 -1992, Art. IV, eff. 04 -01 -1992; Amend. of 04 -17 -2000; Amend. of 06 -23 -2005, eff.
06 -23 -2005; Amend. of 04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -5. - Agricultural preservation board.
(a) Creation. An Orange County Agricultural Preservation Board, consisting of seven initial members
appointed by the Board of County Commissioners, is hereby established. The Agricultural Preservation
Board shall consist of up to seven at -large members plus one member from each Agricultural District
Region created and existing under this Ordinance, with members selected from Certified Qualifying
Farms within Voluntary and Enhanced Voluntary Agricultural Districts, appointed by the Board of
County Commissioners. Additional appointments may be made to satisfy the requirements of
subsection 48- 5(b)(1)(b) of this Ordinance.
(b) Membership.
(1) 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 Agricultural
District. The Board of County Commissioners shall appoint the Agricultural District
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
representatives and shall make its selection of a representative for each Agricultural District
from among Certified Qualifying Farms within the Agricultural 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.
d. Additional members may be appointed to the Board in an ex officio capacity from the
Soil and Water Conservation District Board, North Carolina Cooperative Extension, the U.S.
Farm Service Agency, or other agencies, as deemed necessary by the Board of County
Commissioners. Members serving in an ex officio capacity shall neither vote nor count
toward quorum requirements.
(2) Tenure. Each member shall serve a term of three years, except that the initial Board is to
consist of two appointees for terms of two years, two appointees for terms of three years, and
three appointees for terms of four years. Thereafter, all appointments are to be for terms of three
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 Agricultural District is represented as provided in subsection 48- 5(b)(1)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 a two - 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.
(1) 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
year and shall be eligible for re- election. Both may be eligible to succeed themselves for three
terms.
(2) Advisory Board Year. The Board shall use the Orange County fiscal year as its meeting year.
(3) Meetings.
a. 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.
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
b. Special meetings may be called by the Chair or by written request of two 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 48 hours prior to the meeting and shall state the time,
place and purpose of the meeting.
c. All meetings shall be open to the public.
(4) Quorum and Majority 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:
(1) Review and approve the form of the agreement to sustain agriculture required in section 48 -5
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 Orange County Agricultural
Development and Farmland Protection Plan, as defined in N.C. Gen. Stat. § 106 -744 (e)(1) and
the County's Lands Legacy Program, for presentation to the Board of Commissioners.
(Ord. of 03 -24 -1992, Art. V, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of
06 -23 -2005, eff. 06 -23 -2005; Amend. of 04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -6. - Creation of voluntary agricultural districts and enhanced voluntary agricultural
districts.
(a) Regions. Orange County is hereby divided into seven Agricultural District Regions that will
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
become effective upon implementation as provided in this Section. The boundaries of each Region 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.
(1) In order to implement the purposes stated in Section 48 -3, this program provides for the
creation of Voluntary Agricultural Districts that meet the following standard:
(2) The District or Enhanced District shall consist of a minimum of one or more Certified
Qualifying Farms.
(3) Farmland 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.
(4) All land enrolled in a Region, defined in Section 48 -6(a), above, shall be part 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 48 -6(a), above, shall be treated as a single district whether
enrolled in the District or the Enhanced District.
(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 or the Enhanced 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 in a Region shall be added to the Agricultural District as provided in this
Ordinance.
(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 noncontiguous, any Agricultural District will
continue to exist so long as there is one Certified Qualifying Farm in the Agricultural District.
(Ord. of 03 -24 -1992, Art. VI, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of
06 -23 -2005, eff. 06 -23 -2005; Amend. of 04 -20 -2010, eff. 04 -20 -2010)
Orange County, North Carolina, Code of Ordinances
Page 5 of 13
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
Sec. 48 -7. - Certification and qualification of farmland.
Requirements. To secure County certification as qualifying farmland (Certified Qualifying Farm), a farm
must:
(1) Be located in the unincorporated area of Orange County;
(2) Be participating in the farm present- use -value taxation program, for agriculture, horticulture
or forestry, established by N.C. Gen. Stat. § 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 § 105 -277.3 ;
(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 of ten years;
Em
Have been actively used in agricultural, horticultural or forestry operations as defined by
N.C. Gen. Stat. § 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. Gen. Stat. § 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.
(Ord. of 03 -24 -1992, Art. VII, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of
06 -23 -2005, eff. 06 -23 -2005; Amend. of 04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -8. -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 a Voluntary or Enhanced Voluntary Agricultural District
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
by the Board of Commissioners.
(1) Applications for qualifying farmland certification shall be made to the County Department of
Environment, Agriculture, Parks and Recreation on forms provided by the Department.
(2) The Department of Environment, Agriculture, Parks and Recreation 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.
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
expiration of the 30 day period specified in this subsection (a)(2) or any extension thereof.
(3) The Board shall render a decision within 60 days of the meeting at which 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 60 days of the meeting.
(4) 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 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 or
Enhanced Voluntary Agricultural District shall become effective upon recordation of the necessary
conservation agreements, prepared in accordance with section 48 -7, subsection 48- 7(a)(5),
executed by the landowner and the county, and recorded in the County register of deeds as
provided in N.C. Gen. Stat. § 121 -41.
(6) Upon recordation of the requisite number of conservation agreements, the Department of
Environment, Agriculture, Parks and Recreation will notify the Tax Administration Department of
the Agricultural District established. The Agricultural District and each requisite conservation
agreement will be identified on the County GIS.
(b) Appeal. If an application is denied by the Agricultural Preservation Board, the landowner may,
within 15 days of notification of disapproval of the application, 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 request for reconsideration was made, or denial after
reconsideration, the landowner shall have 30 days from the date of notification to appeal the decision to
the Board of County Commissioners. Such appeal shall be presented in writing. The decision of the
Board of County Commissioners is final.
(Ord. of 03 -24 -1992, Art. VIII, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of
06 -23 -2005, eff. 06 -23 -2005; Amend. of 04 -20 -2010, eff. 04 -20 -2010)
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
Sec. 48 -9. - Revocation and renewal of conservation agreement.
(a) Revocation. By written notice to the Board, a landowner of qualifying farmland may revoke the
Conservation Agreement or the Board may revoke the same Conservation Agreement based on
noncompliance by the landowner, subject to the same provisions as contained in Section 48 -8 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 landowner, neither the Board nor
the Board of Commissioners shall revoke any conservation agreements prior to its expiration.
(b) Renewal.
(1) District. A Conservation Agreement for land within a Voluntary Agricultural District shall be
automatically renewed for an additional term of ten years unless that lande ReF(s) pFeyilJoc
30 day i tee nntirUo to the Agiini 1141 iral DrocorVat.. G.R. Rnard of in4on4 nn4 4n FeRe i either
Agricultural Preservation Board or the landowner(s) gives written notice to the contrary
prior to the termination of the Conservation Agreement. At the end of each ten year term
the Conservation Agreement shall automatically renew for an additional ten year term
unless notice of termination is given. ° bse�t by IandewRer, neither t#e
(2) Enhanced District. A Conservation Agreement for an Enhanced Voluntary Agricultural District
shall be deemed automatically renewed for an additional term of three years, unless either the
Agricultural Preservation Board or the landowner(s) gives written notice to the contrary prior to the
termination date of the Conservation Agreement. At the end of each three -year term the
Conservation Agreement shall automatically renew for an additional three -year term unless notice
of termination is given.
(Ord. of 03 -24 -1992, Art. IX, eff. 04 -01 -1992; Amend. of 04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -10. - Additional enhanced agricultural district benefits.
Land enrolled in the Enhanced Voluntary Agricultural District program is entitled to all of the benefits
available under the Voluntary Agricultural District program, and to the following additional benefits:
(a) Sale of non -farm products. Landowners participating in Enhanced Districts may receive up to
25 percent of gross sales from the sale of nonfarm products and still qualify as a bona fide farm
that is exempt from County zoning regulations under N.C. Gen. Stat. § 153A- 340(b). A farmer
seeking to benefit from this subsection shall have the burden of establishing that the property's
sale of nonfarm products did not exceed 25 percent of its gross sales.
(b) Agricultural cost share program Landowners participating in Enhanced Districts are eligible
under N.C. Gen. Stat. § 143- 215.74(b) to receive the higher percentage of cost -share funds for the
benefit of that farmland under the Agriculture Cost Share Program established pursuant to Part 9
of Article 21 of Chapter 143 of the General Statutes for funds to benefit that farmland.
(c) Priority consideration. State departments, institutions, or agencies that award grants to
farmers are encouraged to give priority consideration to landowners participating in Enhanced
Districts.
(d) Utility assessment waiver. As provided in Section 48 -19 below, waiver of all County utility
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
assessments in addition to waiver of water and sewer assessments is available to all participants
in Enhanced Districts.
(Ord. of 03 -24 -1992, Art. X, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of
04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -11. - Public hearings.
(a) Purpose. Pursuant to N.C. Gen. Stat. § 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.
(1) Upon receiving a request, the Board shall publish notice describing the proposed action in
the appropriate newspapers of Orange County within five 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 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 Agricultural District within which the
proposed action is to take place.
(3) The Board shall consult with the Department of Environment, Agriculture, Parks and
Recreation, 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 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 of ten days allowed for public comment on the report of the Board.
(6) After the ten -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 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.
(8) Pursuant to N.C. Gen. Stat. § 106 -740, the Board of Commissioners shall not permit any
Orange County, North Carolina, Code of Ordinances
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
formal initiation of condemnation by local agencies while the proposed condemnation is properly
before the Board.
(Ord. of 03 -24 -1992, Art. XI, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of
06 -23 -2005, eff. 06 -23 -2005; Amend. of 04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -12. - Notification.
(a) Record notice of proximity to voluntary agricultural districts and enhanced voluntary agricultural
districts.
(1) Procedure. The Orange County Tax Administration Department and the Register of Deeds
shall implement and enforce the following requirements outlined in this section. Upon certification
of qualifying farmland and designation of real property as an Agricultural District, the PIN History
to that qualifying farmland and real property, which is contained in the Orange County Tax
Administration Department and the Register of Deeds, 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 or an Enhanced
Voluntary Agricultural District of the existence of that 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) Signage. 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) Maps. Maps identifying approved Voluntary Agricultural Districts and Enhanced Voluntary
Agricultural Districts qualifying farms shall also be provided to the following agencies or offices:
(1) Register of Deeds;
(2) U.S. Natural Resources Conservation Service /N.C. Soil and Water Conservation District;
(3) North Carolina Cooperative Extension Service;
(4) The Department of Environment, Agriculture, Parks and Recreation;
(5) Planning and Inspections Department; and
(6) Any other such agency or office the Board deems appropriate.
(Ord. of 03 -24 -1992, Art. XII, eff. 04 -01 -1992; Amend. of 06 -23 -2005, eff. 06 -23 -2005; Amend. of
04 -20 -2010, eff. 04 -20 -2010)
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
Sec. 48 -13. - 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 Agricultural Districts within one aerial mile(s) of the proposed
development.
(Ord. of 03 -24 -1992, Art. XIII, eff. 04 -01 -1992; Amend. of 06 -23 -2005, eff. 06 -23 -2005; Amend. of
04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -14. - 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 Agricultural District, until improvements on such
property are connected to the water or sewer 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 under N.C. Gen. Stat. § 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 Section shall not apply.
(Ord. of 03 -24 -1992, Art. XIV, eff. 04 -01 -1992; Amend. of 06 -23 -2005, eff. 06 -23 -2005; Amend. of
04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -15. - County land use planning.
(a) Duty of the board. It shall be the duty of the
Agriculture, Parks and Recreation to advise the Board
activities of the county's Agricultural District prograi
maintenance of agricultural Districts with the County's
County Comprehensive Plan.
Board and the Department of Environment,
of Commissioners on the status, progress, and
n and to also coordinate the formation and
comprehensive planning and elements of the
(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 may be posted in other County offices such as the vestibule of
the West Campus Office Building.
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 Department of Environment, Agriculture, Parks and Recreation.
(Ord. of 03 -24 -1992, Art. XV, eff. 04 -01 -1992; Amend. of 06 -23 -2005, eff. 06 -23 -2005; Amend. of
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15
PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -16. - Consultation authority.
The Board may consult with the Department of Environment, Agriculture, Parks and Recreation, 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 Department
of Environment, Agriculture, Parks and Recreation is designated as the primary staff support to the
Board.
(Ord. of 03 -24 -1992, Art. XVI, eff. 04 -01 -1992; Amend. of 06 -23 -2005, eff. 06 -23 -2005; Amend. of
04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -17. - 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:
(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.
(Ord. of 03 -24 -1992, Art. XVII, eff. 04 -01 -1992; Amend. of 06 -23 -2005, eff. 06 -23 -2005; Amend. of
04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -18. - 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 may be amended from time to time by the Board of Commissioners.
(Ord. of 03 -24 -1992, Art. XVIII, eff. 04 -01 -1992; Amend. of 06 -23 -2005, eff. 06 -23 -2005; Amend. of
04 -20 -2010, eff. 04 -20 -2010)
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PART I - GENERAL ORDINANCES
Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
Sec. 48 -19. - Purchase of agricultural conservation easements.
As provided in the N.C. Gen. Stat., § 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 or Enhanced Voluntary Agricultural District as defined in this ordinance.
(Ord. of 03 -24 -1992, Art. XIX, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of
06 -23 -2005, eff. 06 -23 -2005; Amend. of 04 -20 -2010, eff. 04 -20 -2010)
Sec. 48 -20. - Effective and adoption dates.
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.
(Ord. of 03 -24 -1992, Art. XX, eff. 04 -01 -1992; Amend. of 05 -24 -1993, eff. 05 -24 -1993; Amend. of
04 -17 -2000, eff. 04 -17 -2000; Amend. of 6 -23 -2005, eff. 06 -23 -2005; Amend. of 04 -20 -2010, eff.
04 -20 -2010)
Sec. 48 -21. - Enactment.
The Orange County Board of Commissioners hereby adopts and enacts the preceding articles and
sections of this Ordinance.
(Ord. of 03 -24 -1992, Art. XXI, eff. 04 -01 -1992)
Exhibit A
Agricultural District Regions Map
(51) Cross reference— Businesses, ch. 8; planning and development, ch. 30. (Back)
(51) State Law reference— Farmland Preservation Enabling Act, G.S. 106 -735 et seq. (Back)
Orange County, North Carolina, Code of Ordinances
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