HomeMy WebLinkAboutORD-2015-015 Voluntary Farmland Protection Program OrdinanceORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 2, 2015
Action Agenda
Item No. 6 -n
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):
Resolution Amending Chapter 48, Voluntary
Farmland Protection Program, of the
Orange County Code of Ordinances
Ordinance Document Detailing Proposed
Revisions
INFORMATION CONTACT:
David Stancil, 919 - 245 -2510
Peter Sandbeck, 919 - 245 -2517
PURPOSE: To make minor technical adjustments to the wording of the Orange County
Voluntary Farmland Protection Program Ordinance (Chapter 48, Orange County Code of
Ordinances) to eliminate the requirement that a farm must participate in the present -use
program to qualify for the County's Voluntary Agricultural District (VAD) Program, a requirement
that was removed from the program's enabling legislation by the North Carolina General
Assembly in 2011.
BACKGROUND: Orange County's Voluntary Farmland Protection Program was started in 1992
to provide a range of benefits to encourage the preservation and viability of the County's farms.
Authority for this program was established by the State in 1985 (North Carolina General Statute
(NCGS) 106 -735 to NCGS 106 -744). In 1992 the County adopted its own ordinance (Chapter
48 â Voluntary Farmland Preservation Program) to help encourage the County's farm owners to
protect their farm operations through a program of short -term voluntary conservation
agreements. As of May 30, 2015, there are 53 farms enrolled in the Voluntary Agricultural
District (VAD) program totaling 7,144 acres within the seven districts comprising the non -urban
portions of the County.
In 2011 the North Carolina General Assembly amended the underlying general statutes for this
program to eliminate the requirement that all farms must be enrolled in local "present use" land
valuation programs in order to be eligible to participate in the VAD program. The Agricultural
Preservation Board (APB) initially maintained this requirement in the local ordinance, with the
understanding that it would revisit this after the new state law had been in place for a few years.
The APB subsequently determined that the removal of the "present use" requirement would
make it possible for a wider range of more diverse farmers to participate in the VAD program.
The APB voted unanimously at its regular meeting on January 21, 2015 to recommend the
removal of this requirement from County's Voluntary Farmland Protection Program ordinance.
This proposed revision includes wording to update the County's definitions of farm operations to
be consistent with revised state definitions.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager recommends that the Board adopt the attached
resolution and attachment with the proposed language adjustments to the County's Voluntary
Farmland Protection Program ordinance (Chapter 48, Orange County Code of Ordinances).
K
RES- 2015 -033
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.
Attest:
Earl McKee, Chair Donna Baker, Clerk to the Board
Orange County Board of Commissioners
[SEAL]
M
ORD- 2015 -015
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 ,,..++,- pal4iGipatiRg
f49F@s[r astabl:svh9d by ICI Q GAP Stat. § 105_277.2 +-rc thm6igh' § 105277. 7, AP r thapwi $
datormip.ad by tho GG Rt y to moot all Oho q ialifinatinnc of this PFE)gram cot forth 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;
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(4) Be managed, if highly ornrlihle land- I I ân the farm in accordance with the Natural
Resources Conservation Service and N.C. Soil and Water Conservation Service defined
erosion - control practices that are ad-d-FI I tâ Said highly GFO Jihlo 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.
(Oii'd f: 03 24 1992, AiI e l`. 04 01 ...1992; Amend of:04 .1 .7...2000, e l`. 04 1 7...2000; Amend of: 06 ...