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HomeMy WebLinkAboutRES-2015-033 Resolution Amending Chapter 48, Voluntary Farmland Protection program, of the Orange County Code of Ordinances P)9F lo-o7-ozls- RES-2015-033 wn ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 48,VOLUNTARY FARMLAND PROTECTION PROGRAM, OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved by the Board of Commissioners of Orange County, North Carolina: WHEREAS, Orange County, through ordinance, has provided for a program for Voluntary Farmland Protection; and WHEREAS, the Orange County Board of Commissioners believes it to be in the best interest of Orange County residents to amend the Code of Ordinances regarding Voluntary Farmland Protection Program to more closely align with state statute. NOW THEREFORE, the Orange County Board of Commissioners hereby amends Chapter 48, Section 48-7 as reflected in the attachment. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this 2nd day of June, 2015. By: Attest: Earl McKee, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners 17 52 ORD-2015-015 Proposed VFPP Ordinance Revision Language for Sec. 48-7: Sec. 48-7. Certification and qualification of farmland, Requirements. To secure County certification as qualifying farmland (Certified Qualifying Farm), a farm must be real property that meets the following requirements: (1) Be located in the unincorporated area of Orange County; (2) Be forecfnT established by N.C. Gen. § 105 277.2 through§105 277.7, or 's-etn°�::;se v�coc� coca vnvi�cv o �� v -sc��. � determined by the County to Fneet all the qualifiGations ef this pmgram set feFth in § 105 277.3 engaged in agriculture as that word is defined in NC. Gen Stat. § 106-581.1; (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=are best suited for providing food, seed, fiber, forage, timber, forestry products horticultural crops and oil seed crops; a. Are hest suited fer providing feed, seed, fiber, forage, timber, farestFy preduGts, b. Have good s9il qualities; c. , d. e. ReGeiVe the available moisture needed to prodUGe high yields for an average ef eight out C) mss; OR N.G.Have been aGtively used in a9FiGUltuFal, h9FtiGLIItuFal 9F forestFy epeFatien6 as defined by Gen. Stat. 105 277.2(1, 2, 3) during ea^h of the five previous yeaFs, measured from the rate on ..�hiGh tie, determination must he marls as to whether the land 'n questien qualifies; . (4) Be managed, Of highly redible land exists o„--the-farm in accordance with the Natural Resources Conservation Service and N.C. Soil and Water Conservation Service defined erosion-control practices that are vddFecced to said highly_ero,�;h9Q erodible land ( and 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.