Orange County NC Website
12 <br />PART I - GENERAL ORDINANCES <br />Chapter 48 - VOLUNTARY FARMLAND PRESERVATION PROGRAM <br />assessments in addition to waiver of water and sewer assessments is available to all participants <br />in Enhanced Districts. <br />(Ord. of 03 -24 -1992, Art. X, eff. 04 -01 -1992; Amend. of 04 -17 -2000, eff. 04 -17 -2000; Amend. of <br />04 -20 -2010, eff. 04 -20 -2010) <br />Sec. 48 -11. - Public hearings. <br />(a) Purpose. Pursuant to N.C. Gen. Stat. § 106 -740, no State or local public agency or governmental <br />unit may formally initiate any action to condemn any interest in qualifying farmland within an Agricultural <br />District until such agency or unit has requested the Board to hold a public hearing on the proposed <br />condemnation. <br />(b) Procedure. <br />(1) Upon receiving a request, the Board shall publish notice describing the proposed action in <br />the appropriate newspapers of Orange County within five business days of the request, and will in <br />the same notice notify the public of a public hearing on the proposed condemnation, to be held <br />within ten days of receipt of the request. <br />(2) The Board shall meet to review: <br />a. Whether the need for the project has been satisfactorily established by the agency or <br />unit of government involved, including a review of any fiscal impact analysis conducted by <br />the agency involved; and <br />b. Whether there are alternatives to the proposed action that have less impact and are <br />less disruptive to the agricultural activities of the Agricultural District within which the <br />proposed action is to take place. <br />(3) The Board shall consult with the Department of Environment, Agriculture, Parks and <br />Recreation, County Agricultural Extension Agent, the Natural Resources Conservation Service <br />District Conservationist, and any other individuals, agencies, or organizations deemed by the <br />Board to be necessary for its review of the proposed action. <br />(4) Within five business days after the hearing, the Board shall make a report containing its <br />findings and recommendations regarding the proposed action. The report shall be made available <br />to the public prior to its being conveyed to the decision - making body of the agency proposing the <br />acquisition. <br />(5) There will be a period of ten days allowed for public comment on the report of the Board. <br />(6) After the ten -day period for public comment has expired, the Board shall submit a final report <br />containing all of its findings and recommendations regarding the proposed action to the decision <br />making body of the agency proposing the acquisition. <br />(7) The total time period, from the day that a request for a hearing has been received to the day <br />that a final report is issued to the decision making body of the agency proposing the acquisition, <br />shall not exceed 30 days. If the agency agrees to an extension, the agency and the Board shall <br />mutually agree upon a schedule to be set forth in writing and made available to the public. <br />(8) Pursuant to N.C. Gen. Stat. § 106 -740, the Board of Commissioners shall not permit any <br />Orange County, North Carolina, Code of Ordinances <br />Page 9 of 13 <br />