HomeMy WebLinkAboutAgenda - 06-23-2005-9eORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 23, 2005
Action Agenda
Item No. 9- ~
SUBJECT: Proposed Revisions to Voluntary Farmland Protection Ordinance (VFPO)
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation
ATTACHMENT
1, Recommended Changes to Voluntary
Farmland Protection Ordinance (from APB)
2, Staff Memorandum
3, Status Report -Voluntary Agricultural
Districts
INFORMATION CONTACT:
David Stancil, 245-2590
Tina Moon, 245-2583
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
PURPOSE: To consider a proposal from the Agricultural Preservation Board for revisions to
the County's Voluntary Farmland Protection Ordinance,
BACKGROUND: On September 22, 1992, Orange County became one of the first North
Carolina counties to enact a Voluntary Farmland Preservation Ordinance,
The ordinance governs the rules for the Agricultural Preservation Board (APB), the Voluntary
Agricultural District program, and other matters relating to farmland preservation, The
Ordinance underwent revisions in 2000 that addressed membership issues and the role and
title of the Board,
Farms enrolled in the Voluntary Agricultural District program must be certified as qualifying
farmland and participate in the Use Value tax program, Farm owners wishing to participate
then sign anon-binding 10-year conservation agreement that prohibits non-farm use, In
exchange, farms receive a participation sign, protection against nuisance suits (1/2-mile
radius notification to new buyers), waiver of any future water and sewer assessments and
connection charges (until such time as they connect to said service), requirement of a public
hearing prior to condemnation of lands by State or local governments, and consideration as a
conservation area in review of adjoining new developments.
Over the last two years, the APB has at length discussed, reviewed and developed
recommendations regarding changes to the ordinance. These changes fall generally into two
categories:
Changes to the ordinance to allow for more alternative and organic, farms to
participate in the Voluntary Agricultural District program, and
Changes to the definition of geographic agricultural regions to clarify the nature of
districts and how this affects the makeup of the APB.
In 2003, the proposed revisions were transmitted to the County Attorney for review and
comment (along with questions related to the statutory provisions dealing with Voluntary
Agricultural Districts). After receiving the Attorney's review and suggested modifications, the
APB considered the changes again and, on March 16`h, approved the recommended
changes to be submitted to the Board of Commissioners for ratification.
In summary, the changes to the Ordinance that are reflected in the attached would serve the
following purposes:
Lower the acreage threshold from 80 acres to 20 acres to allow far more small farms
and alternative/organic operations to qualify;
Modify the terms and definitions of Voluntary Agricultural Districts to be in keeping with
new model ordinances and other new ordinances in other counties - to create
geographic areas as "districts" within which qualifying farms would enroll, and provide
that a member from these farms within a geographic district would be appointed
(currently, each farm was its own district and had a dedicated seat on the board); and
Make needed membership and attendance changes
FINANCIAL IMPACT: There is no financial impact associated with the proposed changes to
the Ordinance. Voluntary Agricultural Districts are anon-binding voluntary program in which
no funding is involved, Possible indirect impacts might be resultant increases in program
applications may be expected as a result, which will have associated staff resource (impact
on staff workload) costs, and the cost of signs for each new Voluntary Agricultural District
participating farms may be impacted (the cost for which is included in each year's annual
operating budget for the ERCD).
RECOMMENDATION(S): The Manager recommends that the Board discuss the proposed
changes and approve the Ordinance revisions, with changes as needed.
3
Recommended by APB, .3/16/05
Changes shown in bold underline
z
3
4
5
6
7
8
9
]0
11
lz
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
zs
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORANGE COUNTY
VOLUNTARY FARMLAND PROTECTION ORDINANCE
ARTICLE I
TITLE
An ordinance of the Boazd of County Commissioners of ORANGE COUNTY, NORTH
CAROLINA, entitled, "VOLUNTARY Ft1RMLAND 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 106-7.35 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 existhig 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 progran~s 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 Agricultuual Preservation Board.
Chair: Chairperson of the Orange County Agricultural Preservation Board.
District: Voluntary Agricultural District as established by this ordinance.
Board of Conunissioners: Orange County Board of Commissioners.
Oualifyin Farm: A farm that has meC the qualification criteria set out in Article VII of this
ordinance, is certified for the Voluntary Agricultural District Program.
Certified OualifYing Farm: A farm that has met the criteria as a "pualifyin~ farm"
above, and has executed the provisions of Article VILA, including the conservation
aereement as specified herein.
7 ARTICLE V
8 AGRICULTURAL PRESERVATION BOARD
l0 A. Creation
11
12 An Orange County Agricultural Preservation Board, consisting of seven (7) initial
13 rnembers appointed by the Board of County Commissioners, is hereby established..
14 Thereafter, the Agricultural Preservation Board shall consist of up to seven (7) at-large
15 members plus one member from each Agricultural District created and existing under this
16 Ordinance, with members selected from Certified OualifYing Farms within Voluntary
17 Agricultural Districts, appointed by the Board of County Commissioners. Additional
18 appointments may be made to satisfy the requirements of Section N.B, l.b.of this
19 ordinance.
20
21 B. Membershin
22
23 1, Requirements
24
25 a. Each Board member shall be a resident of Orange County.
26
z7 b. Each Agricultural District existing pursuant to this ordinance shall be
28 represented on the Board by a person owning farmland on a Certified
29 Oualifyine Farm within the District The Board of County
3o Commissioners shall appoint the Agricultural District representatives and
31 shall make its selection of a representative for each Agricultural District
32 from among Certified Oualifyin~ Farms within the District.
33
34 c, The remaining members of the Board shall be appointed at-large by the
35 Board of County Commissioners to represent a broad range of agricultural
36 interests,
37
38 2. Tenure
39
4o Each member shall serve a term of three (.3) years, except that the initial Board is
41 to consist of two (2) appointees for ternis of two (2) years, two (2) appointees for
42 ternrs of three (.3) years, and tluee (3) appointees for terms of four (4) years
43 Thereafter, all appointments are to be for terms of three (.3) years, with
44 reappointments permitted.. Notwithstanding the term limits contained in this
I
2
3
4
5
G
7
8
9
10
11
12
13
14
IS
16
17
IS
19
20
21
22
23
24
25
2G
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
section, Agricultural District representatives may be appointed and re-appointed
as necessary to insure that each District is represented as provided in Section
B.l,b of this Ordinance.
C..
D.
3. Vacancies
Any vacancy on the Board is to be filled for the remainder of the unexpired term.
Removal
5
Any member of the Advisory Board may be removed by the Board of Commissioners upon
atwo-thirds vote of the Comrissioners. No cause for removal shall be required. A member
may also be removed by a majority vote of the Board after a member has been
recorded with three consecutive unexcused absences.
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 (1) year and shall be eligible for re-election.
Both may be 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. Meetin>?s
Regulaz 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 Boazd or the Chair, Written or oral notice of
i
2
3
4
5
6
7
8
9
10
I1
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3Z
33
34
35
36
37
38
39
40
41
42
6
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 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 Boazd,
except as otherwise stated herein or in the adopted Rules of Procedure.
5. Records
The Boazd 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 V of this ordinance;
2. Review and approve applications for qualifying fazmland 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 Agrictltural Districts;
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
19
20
21
22
23
24
zs
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
7. Study additional rnethods 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 Boazd of
County Commissioners; and
9. Provide reconunendations 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,
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL, DISTRICTS
A. Districts
7
Oran>?e County is hereby divided into 7 Voluntary A>?ricultural 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. HiEh 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:
The District shall consist of a minimum of one or more Certified Oualifyin>i Farms.
Fam~land that does not meet the minimtun acreage requirement to be certified but that meets
all other certification qualifications may be added to azi existing Dishict upon execution by
the owner and the recording of a conservation agreement between the County and the
owner.
1
2
3
4
5
6
7
8
9
]0
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
al
42
43
Education
C.
D..
8
The County may take such action as it deems appropriate through the Board or other entities
or individuals to encourage the formafion of the Districts and to further their purposes and
objectives, including the implementation of prtblic information programs to reasonably
inform landowners of the agricultural district program.
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 Oualifyin>? Farm in the District..
ARTICLE VII
CERTIFICATION AND QUALIFICATION OF FARMLAND
A.
Requirements
To secure County certification as qualifying farmland (Certified Oualifyint? Farm), a farm must:
1, 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 ;
3. Be certified by the Natural Resources Conservation Service of the United States
Depaztment 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;
I
2
3
4
5
6
7
s
9
to
11
12
1.3
14
IS
16
17
18
19
20
21
22
23
24
25
2G
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
A.
d. Have a favorable growing season; and
9
e. Receive the available moisture needed to produce high yields for an average
of'eight out often yeazs;
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 aze
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-fazm use or
development of such land for a period of at least ten years, except for the creation of
not more than tluee lots that meet applicable County zoning and subdivision
regulations.
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL
Application and Certification Procedures
A farmland owner may apply for either certification as qualifying farmland or for qualifying
famand designation. For a farmland owner to receive the benefits provided by this
Ordinance, the fazm must be certified as qualifying farmland by the Board and approved
and designated as within a Voluntary Agricultural District by the Boazd of Cornmissioners.
Applications for qualifying farmland certification shall be made to the County
Environment and Resource Conservation Department on forms provided by the
Department.
2. The Enviromment and Resource Conservation Department shall review each
application for completeness. When complete, the application shall be forwazded to:
a. The tax supervisor's office; and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
ZI
22
23
24
25
26
27
28
29
30
31
3Z
33
34
35
36
37
38
39
40
41
42
b. The local office of the Natural Resources Conservation Service of the
United States Department of Agriculture.
B.
to
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 Natrrral Resources
Conservation Service offices, the Board will render a decision regazding the
application for qualifying farmland status, and, if applicable, prepaze a
recommendation to the Board of Commissioners regazding the establislunent 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 farnland, 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 Boazd, the Board of Commissioners may
consider establishment of a Voluntary Agricultural District. h1 deciding whether to
establish a Dishict, the Board of Comrissioners 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 Commmissioners, the establislmrent 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 Voluntazy Agricultural District established. The District and each requisite
conservation easement will be identified on the Cormty GIS.
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
1
2
3
4
5
6
7
8
9
10
11
t2
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
ZS
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
A.
B.
II
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 Board may revoke the same Conservation Agreement based
on noncompliance by the landowner, subject to die same provisions as contained in Article
VIII far appeal of deirials. 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
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.
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 heazing on the
proposed condemnation, to be held 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 azry fiscal
impact analysis conducted by the agency involved; and
b. Whether there are alternatives to the proposed action that have less impact
and aze less disruptive to the agricultural activities of the District witlvn
which the proposed action is to take place.
3. The Board shall consult with the Environment and Resource Conservation
Deparhnent, County Agricultural Extension Agent, the Natural Resources
iz
1 Conservation Service District Conservationist, and any other individuals, agencies,
2 or organizations deemed by the Board to be necessary for its review of the proposed
3 action.
4
5 4, Within five (5) days after the hearing, the Board shall make a report containing its
6 findings and recommendations regazding the proposed action. The report shall be
7 made available to the public prior to its being conveyed to the decision-making body
8 of the agency proposing the acquisition,
9
l0 5, There will be a period often (10) days allowed for public comment nn the report of
11 the Board.
12
13 6. After the ten (10) day period for public comment has expired, the Board shall submit
14 a final report containing all of its findings and recommendations regarding the
15 proposed action to the decision making body of the agency proposing the
16 acquisition.
17
18 7, The total time period, from tlne day that a request for a hearing has been received to
19 the day that a final report is issued to the decision making body of the agency
20 proposing the acquisition, shall not exceed thirty (30) days. If the agency agrees to
21 an extension, the agency and the Board shall mutually agree upon a schedule to be
22 set forth in writing and made available to the public..
23
24 8. Pursuant to N,C.G.S. §106-740, the Board of Commissioners shall not permit any
25 formal initiation of condemnation by local agencies while the proposed
26 condemnation is properly before the Board,
27
28
z9 ARTICLE XI
3o NOTIFICATION
31
32 A Record Notice of Proximity to Voluntary Agricultural District
33
34 1. Procedure
35
3G The Orange County Land Records Depaztment shall implement and enforce the
37 following requirements outlined in tlis section. Upon certification of qualifying
38 farmland and designation of real property as a District, the PIN History to that
3g qualifying fazmland and real property, which is contained in the Orange County
4o Land Records System, shall be changed to include a notice reasonably calculated to
4t alert a person researching the title of a particular tract that is located within one-half
4z aerial mile of a qualifying farm in a Voluntary Agricultural District of the existence
43 of a qualifying farm in a Voluntary Agricultural District.
t3
I
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
IG
17
18
19
zo
zl
zz
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
B.
C.
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
lrr 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 voluntazy agricultural district as defined in this ordinance,
SiQna~e
Signs identifying approved agricultural districts shall be placed along the rights-of-way of
major roads that pass tluough 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.
Maps
Maps identifying approved Voluntary Agricultural Districts qualifying fazms shall also be
provided to the following agencies or offices:
a. Register ofDeeds;
b. U.S, Natural Resources Conservation Service / N.C. Soil and Water Conservation
District;
c, North Carolina Cooperative Extension Service;
d. Planning and Inspections Depaztment; and
e, Any other such agency or office the Board deems appropriate.
ARTICLE XII
SUBDIVISION REGULATIONS AND ZONING ORDINANCE REVIEW
Developers of major subdivisions or planned runt 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..
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
A.
B
C,
D.
E.
A.
B
ARTICLE XIII
WAIVER OF WATER AND SEWER ASSESSMENTS
Abeam
14
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 aze connected to the water or sewer system for which the assessment was
made.
Termination of Abe >> ance
When the period of abeyance ends, the assessment is payable in accordance with the terms
set out in the assessment resolution,
Suspension of Statute of Limitations
Statutes of limitations aze suspended during the time that any assessment is held in abeyance
without interest,
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,G,S. §153A-201, or other applicable law.
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
wlch county water and/or sewer systems are constructed this Article shall not apply..
ARTICLE XIV
COUNTY LAND USE PLANNING
Duty of the Board
It shall be the duty of the Board and the Environment and Resource Conservation
Department to advise the Board of Commissioners 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 the County Comprehensive Plan.
Posting of Notice
i The following notice, of a size and form suitable for posting, shall be posted in the office
2 of the Register of Deeds and the Land Records Department:
15
4 Orange County Jzas e-stablislred agricultzrral dish2cts to protect and preserve agz•icultur°al
5 lands and activities. These districts have been developed and mapped by the County to
6 irzfor~n all purchasers of real property that certain agricultur°al mzd foreshy activities,
7 including stmrdard agricultural practices that may occza• in these disd•icts in accord with
8 Federal, State and local ordinances and laws, Maps mid it formation on the location and
9 establishment of these di-struts can be
]0
11
lz
13
14
15
16
17
18
19
20
zl
2z
23
24
25
26
27
28
29
30
31
3z
33
34
35
3G
37
38
39
40
41
42
43
Conservation Department offzce.
obtained fr•onr the Ettvir•azznzent and Resource
ARTICLE XV
CONSULTATION AUTHORITY
The Boazd 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
primazy staff support to the Board.
ARTICLE XVI
NORTH CAROLINA AGENCY NOTIFICATION
Annual Report to the North Carolina Depaztment of Aeziculture and Conswner Services
A copy of this ordinance shall be sent to the Office of the North Cazolina Commissioner of
Agriculture and Consumer Services, the Boazd of Commissioners, the County Office of the
North Cazolina 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 infom~ation:
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.
1
z
3
4
5
6
7
8
9
10
I1
12
13
14
IS
16
17
IS
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
ARTICLE XVII
LEGAL PROVISIONS
A. Severability
16
If any article, section, subsection, clause, please, 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 Boazd 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 voluntazy 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; 5/24/9.3; 4/17/00,
ARTICLE XIX
ENACTMENT
The Orazrge County Board of Commissioners hereby adopts and enacts the preceding
articles and sections of tlvs ordinance..
Adopted this the
Motion for
day of
adoption by
2005.
and seconded by
1 Exhibit A
3 Voluntary Aericultural District Man
to
12
13
14
15
16
17
18
19 lsg:amngecounty\vfpo revised by geg,doc
20 pds: vfpo-02605 recomrn
17
18
Orange County
Environment ~sz Resource Conservation
306_A Revere Road. / PO Uox 8181.
H.illsbonnt~h, NC 27278
Phone: (919) 245-?590, Fax: (919) 644-3.351
MEMORANDl1M
TO: Board of Commissioners
John Link, County Manager
FROM: David Stancil, Environment and Resource Conservation Director
DATE: June 23, 2005
RE: Voluntary Farmland Preservation Ordinance
In 1985 the State of North Carolina passed the Farmland Enabling Act authorizing counties to
establish local farmland preservation programs and, specifically, Voluntary Agricultural District
(VAD) programs. Orange County, one of the first counties to take advantage of the new
legislation, adopted its Voluntary Farmland Preservation ordinance (VFPO) in 1992, During the
next twenty years from 1992-2002, 1,600 acres were enrolled due to the active efforts of many
farm families interested in farmland preservation. A total of 2,045 acres are currently enrolled,
While a handful of other counties around the state adopted like ordinances, for the most part the
voluntary program across the state did not see much activity, However, in the last few years,
this program has undergone a renaissance of sorts, with a new model ordinance developed by
the program staff an NCSU. Many counties have recently adopted voluntary farmland
preservation ordinances and have implemented more "friendly" standards, based on the new
model, yielding much greater levels of participation in the thousands of acres,.
Farms enrolled in the Voluntary Agricultural District program must be certified as qualifying
farmland and participate in the Use Value tax program. Farm owners wishing to participate then
sign anon-binding 10-year conservation agreement that prohibits non-farm use, In exchange,
farms receive a participation sign, protection against nuisance suits (1/2-mile radius notification
to new buyers), waiver of any future water and sewer assessments and connection charges
(until such time as they connect to said service), requirement of a public hearing prior to
condemnation of lands by State or local governments, and consideration as a conservation area
in review of adjoining new developments.
In 2003, the Agricultural Preservation Board (APB) proposed amending the County's program to
incorporate elements of the new model. Members voiced concern over the acreage
requirement (80-acre minimum in the current ordinance), which prevents small farms and new
alternative/organic operations -most of whom operate under this acreage threshold -from
participating in the program. The APB also examined the actual statutory language, the new
model ordinance and the potential for confusion over the definition of key terms, particularly
"voluntary agricultural district." In the early ordinances (including Orange County's), a district
19
was defined as a farm, and each "district" was reserved a seat on the agricultural advisory
board. As enrollment increased, state and county staff realized the potential for the advisory
boards to become unmanageable as 20, 30 or more farms became part of the program. They
used an alternative definition that was subsequently provided for in the new model ordinance -
defining a "district" as a geographic area of the County, within which there would be qualifying
certified farms. One representative from each "district" was appointed to the advisory board.
In April 2005, the APB completed a lengthy review of the ordinance and received comments
from the Ccunty Attorney about the ordinance language and provisions.
The attached recommended changes to the Voluntary Farmland Preservation ordinance would
address the changes noted above, and would specifically:
1.. Lower the acreage threshold from 80 acres to 20 acres to allow for more small farms
and alternative/organic operations to qualify;
2, Modify the terms and definitions of Voluntary Agricultural Districts to he in keeping with
new model ordinances and other new ordinances in other counties - to create
geographic areas as "districts" within which qualifying farms would enroll, and provide
that a member from these farms within a geographic district would be appointed
(currently, each farm was its own district and had a dedicated seat on the board); and
3, Make needed membership and attendance changes to allow for removal of members
who are not active (these provisions did not exist previously).
Please feel free to contact myself or Tina Moon (cmoonCa~co.orange.nc.us , 245-2583) if we can
provide any additional information.
Oiange County 20
Environment c~ Resource Conservation
306-A Revere R i~ad / I?O ~8ox 8187.
Hillsborough. NC ? 7278
Phone: (91.9) ~4~-259Q Pu: (919) 644-3371
cmoonC~co.oran ec~ nc.us (919) 245-2583
MEMORANDUM
TO: N.C, Commissioner of Agriculture
Orange County Board of Commissioners
FROM: David Stancil, Environment and Resource Conservation Director
SU67ECT: Voluntary Agricultural Districts Status Report
DATE: May 18, 2005
COPIES: Naah Ranells, Agricu/tural Preservation Board Chair
Tina Moon, Land Use/Preservation Planner
The Orange County Voluntary Farmland Preservation Program Ordinance was adopted in March
1992. Several farmers inquired about the program early on, and by 1993, six farms were
enrolled. Recently the Agricultural Preservation Board has been considering a few revisions to
the ordinance, most notably reducing the minimum number of acres for participating farms
from 80 acres to 20 acres, and dividing the county into regions, instead of having each
participating farm its own district. The County Attorney is currently reviewing these potential
amendments, for potential Commissioner consideration in the fall.
Orange County currently has eight individual Voluntary Agricultural Districts (two are owned by
the same farmer), which are located throughout the rural community. The Agricultural
Preservation Board received one application this year for atwo-parcel farm operating active
forestry. One tract did not meet the qualifying farmland criteria and the remaining tract did not
meet the acreage requirement, so the application was denied. Should the County approve the
proposed amendments, the application should satisfy the necessary criteria.
Orange County Farms ParticinatinA in the VA District Program
vAD Farm Owner Acreage
No. Actual Rounded-off
1 Bacon/Johnson 157.884 158
2 Barbour 139.901 140
3 Miller 142.188 142
4 Nutter 364.055 364
5a 5tra horn New Hoe 131.597 132
5b Stra horn Little River) 437.996 438
6 Tate 93.960 94
7 Walters 398.410 398
8 W nn 178.918 179
Totals 2044.909 2045