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Agenda - 06-04-2013 - 5d
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Agenda - 06-04-2013 - 5d
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6/9/2015 3:37:22 PM
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5/31/2013 2:01:03 PM
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BOCC
Date
6/4/2013
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5d
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Minutes 06-04-2013
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2013
ORD-2013-018 Ordinance revising the OC Voluntary Farmland Protection Program Ordinance (Code of Ordinances Chapter 48)
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2013
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11 <br />PART I - GENERAL ORDINANCES <br />Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM <br />Sec. 48 -9. - Revocation and renewal of conservation agreement. <br />(a) Revocation. By written notice to the Board, a landowner of qualifying farmland may revoke the <br />Conservation Agreement or the Board may revoke the same Conservation Agreement based on <br />noncompliance by the landowner, subject to the same provisions as contained in Section 48 -8 for <br />appeal of denials. Such revocation shall result in loss of qualifying farm status and loss of eligibility to <br />participate in an Agricultural District. Absent noncompliance by the landowner, neither the Board nor <br />the Board of Commissioners shall revoke any conservation agreements prior to its expiration. <br />(b) Renewal. <br />(1) District. A Conservation Agreement for land within a Voluntary Agricultural District shall be <br />automatically renewed for an additional term of ten years unless that lande ReF(s) pFeyilJoc <br />30 day i tee nntirUo to the Agiini 1141 iral DrocorVat.. G.R. Rnard of in4on4 nn4 4n FeRe i either <br />Agricultural Preservation Board or the landowner(s) gives written notice to the contrary <br />prior to the termination of the Conservation Agreement. At the end of each ten year term <br />the Conservation Agreement shall automatically renew for an additional ten year term <br />unless notice of termination is given. ° bse�t by IandewRer, neither t#e <br />(2) Enhanced District. A Conservation Agreement for an Enhanced Voluntary Agricultural District <br />shall be deemed automatically renewed for an additional term of three years, unless either the <br />Agricultural Preservation Board or the landowner(s) gives written notice to the contrary prior to the <br />termination date of the Conservation Agreement. At the end of each three -year term the <br />Conservation Agreement shall automatically renew for an additional three -year term unless notice <br />of termination is given. <br />(Ord. of 03 -24 -1992, Art. IX, eff. 04 -01 -1992; Amend. of 04 -20 -2010, eff. 04 -20 -2010) <br />Sec. 48 -10. - Additional enhanced agricultural district benefits. <br />Land enrolled in the Enhanced Voluntary Agricultural District program is entitled to all of the benefits <br />available under the Voluntary Agricultural District program, and to the following additional benefits: <br />(a) Sale of non -farm products. Landowners participating in Enhanced Districts may receive up to <br />25 percent of gross sales from the sale of nonfarm products and still qualify as a bona fide farm <br />that is exempt from County zoning regulations under N.C. Gen. Stat. § 153A- 340(b). A farmer <br />seeking to benefit from this subsection shall have the burden of establishing that the property's <br />sale of nonfarm products did not exceed 25 percent of its gross sales. <br />(b) Agricultural cost share program Landowners participating in Enhanced Districts are eligible <br />under N.C. Gen. Stat. § 143- 215.74(b) to receive the higher percentage of cost -share funds for the <br />benefit of that farmland under the Agriculture Cost Share Program established pursuant to Part 9 <br />of Article 21 of Chapter 143 of the General Statutes for funds to benefit that farmland. <br />(c) Priority consideration. State departments, institutions, or agencies that award grants to <br />farmers are encouraged to give priority consideration to landowners participating in Enhanced <br />Districts. <br />(d) Utility assessment waiver. As provided in Section 48 -19 below, waiver of all County utility <br />Orange County, North Carolina, Code of Ordinances <br />Page 8 of 13 <br />
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