Agenda - 06-04-2013 - 5d - Laserfiche WebLink

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K ATTACHMENT 1 Revisions to Orange County Voluntary Farmland Protection Program Ordinance (Code of Ordinances Chapter 48): Introduction: The County's current Voluntary Farmland Protection Program (VFPP) ordinance (Sec. 48- 9(b)(1))does not clearly explain and define the renewal process for VADs as now worded. At its March 20, 2012 meeting, the Orange County Agricultural Preservation Board (APB) directed DEAPR staff to develop new wording for their review and approval. The APB approved the suggested new wording shown below at their regular meeting on May 15th, 2013. The ABP directed DEAPR staff to proceed to present the proposed language change to the BOCC at their meeting on June 4th, 2013. The proposed changes will make the VAD language more consistent with the language for the renewal of properties enrolled in the Enhanced Voluntary Agricultural District (EVAD) Program (Sec. 48- 9(b)(2)). Existing VAD Renewal Language in the Orange County VFPP Ordinance (Sec. 48- 9(b)(1)): "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shall fail to renew any Conservation Agreement unless this Ordinance or its authorizing legislation has been repealed. " Note: this implies automatic renewal but this is not clearly stated. It also does not spell out the renewal term /period. There is a term of 10 years implied elsewhere in the VFPP Ordinance in Sec. 48 -7(5) where it states that the qualifying farmland for VADs and EVADs "must ... be the subject of a conservation agreement... for a period of at least ten years.... " Existing EVAD Renewal Language in the Orange County VFPP Ordinance clearly states the renewal terms and does not require clarification (Sec. 48- 9(b)(2)): "A Conservation Agreement for an Enhanced Voluntary Agricultural District shall be deemed automatically renewed for an additional term of three 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 three -year term the Conservation Agreement shall automatically renew for an additional three -year term unless notice of termination is given." Note: EVAD renewal terms are shorter than VAD renewal terms because the EVAD is irrevocable for each term, whereas the VAD can be terminated by the owner at any time. Proposed Wording Changes to Existing VFPP Ordinance: Staff recommends the following changes in wording to the first sentence of existing paragraph Sec. 48- 9(b)(1), as well as replacing ambiguous language about renewal with wording shown in bold type, making it consistent with the way renewal is explained in the EVAD portion of the VFPP ordinance. "A Conservation Agreement for land within a Voluntary Agricultural District shall be automatically renewed for an additional term of ten years unless 9 day written netine to the Agr4G JtU raI Oro con, -atien Rp ;;W of intent net to rono1e, 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."