ORD-2010-095 - Budget Amendment #5-A - Purchase of a Conservation Easement

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Volpe Conservation Easement (South) 0 Draft 11/19/10 (2) the Land Use Element of the Orange County Comprehensive Plan (adopted November 18, 2008) with its goal of "Land uses that are appropriate to on -site environmental conditions and features, and that protect natural resources, cultural resources, and community character." (3) the protection of similar Orange County properties designed to protect conservation and open space values through conservation easements granted to the Grantee and others in the immediate vicinity of the Easement Area; and (4) NCGS § 139 -2 et seq., which provides that "it is hereby declared ...that the farm, forest and grazing lands of the State of North Carolina are among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people... it is hereby declared to be the policy of the legislature to provide for the conservation of the soil and resources of this State"; and (6) Article 17 of the North Carolina General Statutes NCGS 113A-240-241, entitled Conservation, Farmland and Open Space Protection and Coordination, otherwise known as the "Million Acre Initiative," which states that the State of North Carolina shall encourage, facilitate, plan, coordinate, and support appropriate federal, State, local, and private land protection efforts so that an additional one million acres of farmland, open space and conservation lands in the State are permanently protected by December 31, 2009; and (7) the North Carolina Conservation Tax Credit Program, authorized by NCGS § 105- 130.34 and 105- 151.12 et seq., which provides for state income tax credits for donations of land that are useful for fish and wildlife conservation and other similar land conservation purposes; and (8) the Clean Water Management Trust Fund, authorized by NCGS § 113A -251 et seq., which finances projects to acquire land and interests in land, including conservation easements for the purposes of providing environmental protection for surface waters and urban drinking water supplies; and (9) the Soil and Water Conservation Districts Act, authorized by NCGS § 139 -1, et seq., which provides for the preservation of farm, forest and grazing lands; and (10) the special use assessment of farm and forestland as set forth in NCGS § 105 -277.2 et seq., which allows for lower property tax rates for land enrolled in active agricultural uses. D. The characteristics and conservation values of the Easement Area, its current use and state of improvement, are described in a report entitled `Baseline Documentation Report for Page 3 of 16