HomeMy WebLinkAboutORD-2022-005-Approval of Revisions to Orange County voluntary farmland protection program Ordinance code ordinances chapter 48 and boundary adjustment for the New Hope voluntary agricultural district 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date : March 1 , 2022
Action Agenda
Item No . 8 - e
SUBJECT : Approval of Revisions to Orange County Voluntary Farmland Protection Program
Ordinance ( Code of Ordinances Chapter 48 ) and Boundary Adjustment for the
New Hope VoluntaryAgricultural District
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DEPARTMENT : Environment , Agriculture , Parks
and Recreation ( DEAPR )
ATTACHMENT ( S ) : INFORMATION CONTACT .
1 ) Ordinance With Proposed Revisions Peter Sandbeck , ( 919 ) 245 -2517
2 ) Maps Showing Proposed District Jessica Perrin , ( 919 ) 245 -2753
Boundary Adjustment
PURPOSE : To :
1 ) approve minor technical adjustments to the language in the Orange County Voluntary
Farmland Protection Program Ordinance ( Chapter 48 , Orange County Code of
Ordinances ) to update the Ordinance to make it consistent with revisions made by the
North Carolina General Assembly in 2021 ; and
2 ) approve an adjustment to the boundary line of the New Hope Voluntary Agricultural District ,
BACKGROUND : Orange County ' s Voluntary Farmland Protection Program provides 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 Statutes 106 - 735 to 106 -
744 ) . In 1992 , the County adopted its own ordinance ( Chapter 48 — 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 . Farms enrolled
in the program enjoy certain benefits and protections as allowed by State law . To date , 138 farms
have enrolled in the Voluntary Agricultural District (VAD ) program , totaling 16 , 845 acres within
the seven districts comprising the non - urban portions of the County . The Agricultural Preservation
Board oversees this program .
In 2021 , the North Carolina General Assembly amended the underlying General Statutes for the
program to clarify certain program definitions and requirements needed to qualify for the program .
DEAPR staff collaborated with the County Attorney ' s Office to incorporate these revisions into
existing Ordinance , last updated in 2015 . The Agricultural Preservation Board voted unanimously
at its regular meeting on January 19 , 2022 , to recommend the approval of these technical changes
to the County ' s Voluntary Farmland Protection Program ordinance . The proposed changes will
bring the Ordinance and program into alignment with the revised State legislation .
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A minor technical adjustment is also proposed to the boundary line of the New Hope Voluntary
Agricultural District , which is one of the County' s seven existing Voluntary Agricultural Districts .
This is necessary because the original boundary lines , drawn in 1992 , inadvertently excluded
several parcels of eligible farmland located outside of the Hillsborough extra -territorial jurisdiction
( ETJ ) , near the Eno River , and just north of the junction of 140 and 1 - 85 . The attached maps show
this as follows : 1 ) the existing boundary southwest of Hillsborough ; 2 ) the proposed boundary
adjustment ; and 3 ) a detailed map showing exactly where the line is proposed for relocation . The
Agricultural Preservation Board voted unanimously at its regular meeting on January 19 , 2022 , to
recommend the approval of the new map showing the boundary adjustment .
FINANCIAL IMPACT . There is no financial impact associated with this item . Voluntary
Agricultural Districts are non - monetary and non - binding conservation agreements . Enhanced
Voluntary Agricultural Districts are non - monetary and are binding 10 -year conservation
agreements .
SOCIAL JUSTICE IMPACT : The following Orange County Social Justice Goal is applicable to
this item :
• GOAL : ESTABLISH SUSTAINABLE AND EQUITABLE LAND - USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races , cultures , incomes
and educational levels with respect to the development and enforcement of environmental
laws , regulations , policies , and decisions . Fair treatment means that no group of people
should bear a disproportionate share of the negative environmental consequences
resulting from industrial , governmental and commercial operations or policies .
The Voluntary Farmland Preservation Program conserves , protects and encourages 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 . It provides a way for
owners of farms ranging from one acre to hundreds of acres to protect their active farmland from
development through a program of voluntary conservation easements , thus helping farm owners
keep their land in active production of food , fiber and other products , thereby enhancing the
availability of local farm produce to all residents .
ENVIRONMENTAL IMPACT : The following Orange County Environmental Responsibility Goal
impact is applicable to this item :
• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY
Assess and where possible mitigate adverse impacts created to the natural resources of
the site and adjoining area . Minimize production of greenhouse gases .
The Voluntary Farmland Protection Program is a land conservation program that allows farm
owners to keep their land in active production in agriculture , horticulture and /or forestry . Farms
enrolled in this program are protected from various forms of development , thereby preserving the
County ' s soil and water resources , reducing storm water runoff, enhancing wildlife habitat and
preserving the scenic and historic vistas that have defined the County' s rural character .
RECOMMENDATION (S ) : The Manager recommends that the Board adopt the proposed
language adjustments to the County ' s Voluntary Farmland Protection Program ordinance
( Chapter 48 , Orange County Code of Ordinances ) and approve the boundary adjustment for the
New Hope Voluntary Agricultural District .
ORD - 2022 - 005
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Attachmenti ions to Voluntary FarmlandProtection r rOrdinance
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Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM
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Footnotes .
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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 , § § III �V , VII ; Ord . of Apr . 17 , 2000 .
Cross reference Businesses , ch . 8 ; planning and development , ch . 30 .
State Law reference Farmland Preservation Enabling Act , G . S . 106 - 735 et seq .
Sec . 484 . - 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 -244 992 , Art . II, eff. 04 - 014 992)
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 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 MIR ; m „ o rickedecrease the likelihood of legal
disputes such as nuisance swits actions 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 -244992 , Art . III, eff. 04 - 014992 ; Amend . of 06 -23 -2005 , eff. 06 -23 -2005 )
Sec . 484 . - Definitions .
The following are defined for purposes of this Ordinance :
Agricultural district. Voluntary Agricultural District and Enhanced Voluntary Agricultural District .
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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 -244992 , Art . N, eff. 04 - 014992 ; Amend . of 0447 -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 eight 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 . In addition to the requirements of this Ordinance and
applicable North Carolina General Statutes the Board is and shall remain subject to the requirements
of the Orange County Board of Commissioners Advisory Board Policy and the Agricultural
Preservation Board Policies and Procedures . In the event of a conflict between the terms of this
Ordinance and said policies the terms of said policies shall control .
( 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
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 .
e . The members of the Board shall be chosen to provide the broadest possible representation
of the geographical regions of the local government and to represent , to the extent possible ,
all segments of agricultural production existing within the local government . A majority of the
members of the Board shall be actively engaged in agriculture .
(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
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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 .
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 conservation agreement to sustain agriculture required in
section 48 - 5-7 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 ;
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( 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 -244992 , Art . V, eff. 04 - 014992 ; Amend . of 0447 -2000 , eff. 0447 -2000 ; Amend .
of 06 -23 -2005 , eff. 06 -23 -2005 ; Amend . of 04 -20 -2010 , eff. 04 -20 -2010 ; Res . No . 2015 - 064 ,
Att . , 12 - 7 -2015 , eff. 12 - 7 -2015 )
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 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 .
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( 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 -244 992 , Art . VI, eff. 04 - 014 992 ; Amend . of 044 7 -2000 , eff. 044 7 -2000 ; Amend .
of 06 -23 -2005 , eff. 06 -23 -2005 ; Amend . of 04 -20 -2010 , eff. 04 -20 -2010)
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 ) -§ 106 5814., Be used for bona
fide farm purposes , as that term is defined in G . S . 10 &743 . 4 ( a ) and G . S . 160M03 ;
( 3 ) Be in accordance with the minimum size requirements , which are as follows :
(a) Consist of at least ( i ) one contiguous acre of land in production for horticultural or agricultural
purposes ; or ( ii ) at least twenty total acres of land under management for forestry;
( b ) In the event that a landowner has multiple tracts of qualifying farmland that are eligible , and
those tracts are located within one mile or less of each other , then they may comprise a Voluntary
Agricultural District .
Anrintilfimn &nn kint ' farm eR whiGh at least twG thirds ef the land is ncunpGsed of soils that ; a
1 seed , fiber, fGFage1 timber, ferestry J
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(4 ) Be managed in accordance with the Natural Resources Conservation Service and N . C . Division
of Soil and Water Conservation See-defined erosion - control practices 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 .
( Ord . of 03 -244 992 , Art . VII, eff. 04 - 014 992 ; Amend . of 044 7 -2000 , eff. 044 7 -2000 ; Amend .
of 06 -23 -2005 , eff. 06 -23 - 2005 ; Amend . of 04 -20 - 2010 , eff. 04 -20 -2010 ; Amend . of 6 -2 -2015 ,
eff. 6 -2 -2015 )
Sec . 48- 8 . - Application , approval , and appeal procedure .
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( 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 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 ca an ® n �ic ^ r16 G#iGe ; The Tax Administration - Land Records GIS Division ; 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 finrlinnc ^fsupporting information from the Tax Administration Department — Land Records GIS
Division and the Natural Resources Conservation Service of the United States Department of Agriculture
to the Board
( a ) (2 ) nr rang eAeRGinn th ® ranf
(3) The Board shall render a decision within 60 days of the meeting at which the application and
finds supporting information ^vfrci�ra Tnv ® rlministr.ation department and the Natural Rama FGeae
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
Dlstrlctwithin 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 .
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( 5 ) Upon approval by the Board of Commissioners , the establishment of a Voluntary or Enhanced
Voluntary Agricultural District shall become effective upon execution of the necessary
conservation agreements , prepared in accordance with section 48 -7 , subsection 48J ( a) ( 5) ,
I executed by the landowner and the county_, and Enhanced Voluntary Agricultural District
agreements shall be recorded in the County register of deeds as provided in N . C . Gen . Stat . §
121 -41 .
(6 ) Upon execution of the r naaicc tn�rR61R;; ber. ^ff conservation agreementisl , the
Department of Environment , Agriculture , Parks and Recreation will notify the Tax Administration
Department — Land Records GIS Division 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 -244 992 , Art . VIII, eff. 04 - 014 992 ; Amend . of 044 7 -2000 , eff. 044 7 -2000 ;
Amend . of 06 -23 -20055 eff. 06 -23 -2005 ; Amend . of 04 -20 -20105 eff. 04 -20 -2010)
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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 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 .
(2 ) Enhanced District . A Conservation Agreement for land within a Voluntary Agricultural District shall
be automatically renewed for an additional term of ten 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 ten -year term , the Conservation
Agreement shall automatically renew for an additional ten -year term unless notice of termination
is given .
(Ord . of 03 -244992 , Art . IX , eff. 04 - 014992 ; Amend . of 04 -20 -2010 , eff. 04 -20 -2010 ; Amend .
of 64 -2013 , eff. 64 -2013 )
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
assessments in addition to waiver of water and sewer assessments is available to all participants
in Enhanced Districts .
(Ord . of 03 -244 992 , Art . X , eff. 04 - 014 992 ; Amend . of 044 7 -2000 , eff. 044 7 -2000 ; Amend .
of 04 -20 -2010 , eff. 04 -20 -2010)
Sec . 4841 . - Public hearings .
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( 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 formal
initiation of condemnation by local agencies while the proposed condemnation is properly before
the Board .
(Ord . of 03 -244 992 , Art . XI, eff. 04- 014 992 ; Amend . of 044 7 -2000 , eff. 044 7 -2000 ; Amend .
of 06 -23 -2005 , eff. 06 -23 -2005 ; Amend . of 04 -20 -2010 , eff. 04 -20 -2010)
Sec . 4M2 . - 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
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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 ' s propertyline ine 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 , c
(5) Planning and Inspections Department ; and
(6 ) Any other such agency or office the Board deems appropriate .
( Ord . of 03 -244992 , Art . XII, eff. 04 - 014992 ; Amend . of 06 -23 -2005 , eff. 06 -23 -2005 ; Amend .
of 04 -20 -2010 , eff. 04 -20 -2010)
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 -244992 , Art . XIII, eff. 04 - 014992 ; Amend . of 06 -23 -2005 , eff. 06 -23 -2005 ;
Amend . of 04 - 20 -2010 , eff. 04 -20 -2010)
i°
Sec . 4844 . - 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 .
Page 9
12
( 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 -244992 , Art . XIV, eff. 04 - 014992 ; Amend . of 06 -23 -2005 , eff. 06 -23 -2005 ;
Amend . of 04 -20 -2010 , eff. 04 -20 -2010 )
Sec . 4845 . - County land use planning .
(a) Duty of the board. It shall be the duty of the Board and the Department of Environment , Agriculture ,
Parks and Recreation 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 .
( 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 -244992 , Art . XV, eff. 04 - 014992 ; Amend . of 06 -23 -2005 , eff. 06 -23 -2005 ; Amend .
of 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 -244992 , Art . XVI, eff. 04 - 014992 ; 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 s,-farms enrolled ;
(2 ) Number of acres enrolled ;
- '
Page 10
13
(_36 ) Copies of any amendments to the ordinance ; and
L47) Any other information the Advisory Board deems useful .
(Ord . of 03 -244992 , 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 . 4848 . - 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 -244992 , Art . XVIII, eff. 04 - 014992 ; Amend . of 06 -23 -2005 , eff. 06 -23 -2005 ;
Amend . of 04 -20 -2010 , eff. 04 -20 -2010 )
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 -244 992 , Art . XIX, eff. 04 - 014 992 ; Amend . of 044 7 -2000 , eff. 044 7 -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 -244 992 , Art . XX , eff. 04 - 014 992 ; Amend . of 05 -244 993 , eff. 05 -244 993 ; Amend .
of 0447 -2000 , eff. 0447 -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 -244 992 , Art . XXI, eff. 04 - 014 992 )
Exhibit A
Agricultural District Regions Map
Page 11
14
Editor ' s note— It should be noted the Exh . A referenced above is not set out at length herein,
but is on file and available for inspection in the office of the Orange County Clerk .
Page 12
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