Orange County NC Website
ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: June 4, 2013 <br />Action Agenda <br />Item No. 5 -d <br />1 <br />SUBJECT: Revisions to Orange County Voluntary Farmland Protection Program Ordinance <br />(Code of Ordinances Chapter 48) <br />DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y /N) No <br />and Recreation <br />ATTACHMENT(S): <br />1) Detailed Explanation and Suggested <br />Revisions to Ordinance <br />2) Highlighted Strike - through - Delete <br />Version of Orange County Voluntary <br />Farmland Protection Program <br />Ordinance (Code of Ordinances <br />Chapter 48) <br />INFORMATION CONTACT: <br />David Stancil, 919 - 245 -2510 <br />Gail M. Hughes, 919 - 245 -2753 <br />Peter Sandbeck, 919 - 245 -2517 <br />PURPOSE: To approve minor changes to the wording of the Orange County Voluntary <br />Farmland Protection Program Ordinance (Chapter 48, Orange County Code of Ordinances) to <br />help prospective farm owners better understand the renewal process for farms enrolled in the <br />County's Voluntary Agricultural District (VAD) Program. <br />BACKGROUND: Orange County's Voluntary Farmland Protection Program was started in 1992 <br />to provide a range of benefits to encourage the preservation and continued viability of the <br />County's farms. Authority for this program was established by the State of North Carolina in <br />1985 through North Carolina General Statute (NCGS) 106 -735 to NCGS 106 -744, as amended <br />up through 2011. <br />In 1992, the County adopted its own ordinance (Chapter 48 — Voluntary Farmland Preservation <br />Program), with amendments up through 2010, as a mechanism of encouraging the County's <br />farm owners to protect their farms through a program of short -term voluntary conservation <br />agreements. In exchange for enrolling in the program, farm owners are able to enjoy certain <br />benefits and protections as allowed by state law. To date, 25 farms have enrolled in the <br />Voluntary Agricultural District (VAD) program, totaling 4,994 acres within the seven districts <br />comprising the non -urban portions of the County. <br />Language regarding the renewal of the VAD agreements as contained in the State enabling <br />legislation (and incorporated into the County's ordinance) was not clearly worded and has <br />caused some confusion for property owners and staff regarding the exact details of the renewal <br />process. The State provided improved wording in a later amendment in 2005 that implemented <br />the Enhanced Voluntary Agricultural District (EVAD) Program. However, the earlier vague <br />