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3 <br /> ATTACHMENT 1 <br /> Revisions to Orange County Voluntary Farmland Protection Program Ordinance (Code <br /> of Ordinances Chapter 48): <br /> Introduction: <br /> The County's current Voluntary Farmland Protection Program (VFPP) ordinance (Sec. 48- <br /> 9(b)(1))does not clearly explain and define the renewal process for VADs as now worded. At its <br /> March 20, 2012 meeting, the Orange County Agricultural Preservation Board (APB) directed <br /> DEAPR staff to develop new wording for their review and approval. The APB approved the <br /> suggested new wording shown below at their regular meeting on May 15th, 2013. The ABP <br /> directed DEAPR staff to proceed to present the proposed language change to the BOCC at their <br /> meeting on June 4th, 2013. The proposed changes will make the VAD language more consistent <br /> with the language for the renewal of properties enrolled in the Enhanced Voluntary Agricultural <br /> District(EVAD) Program (Sec. 48-9(b)(2)). <br /> Existing VAD Renewal Language in the Orange County VFPP Ordinance (Sec. 48-9(b)(1)): <br /> "A Conservation Agreement for land with a Voluntary Agricultural District shall be automatically <br /> renewed un less that landowner(s)provides 30-day written notice to the Agricultural Preservation <br /> Board of intent not to renew. Absent noncompliance by the landowner, neither the Agricultural <br /> Preservation Board nor the Board of County Commissioners shall fail to renew any <br /> Conservation Agreement unless this Ordinance or its authorizing legislation has been repealed." <br /> Note: this implies automatic renewal but this is not clearly stated. It also does not spell out the <br /> renewal term/period. There is a term of 10 years implied elsewhere in the VFPP Ordinance in <br /> Sec. 48-7(5) where it states that the qualifying farmland for VADs and EVADs "must...be the <br /> subject of a conservation agreement...for a period of at least ten years...." <br /> Existing EVAD Renewal Language in the Orange Countv VFPP Ordinance clearly states <br /> the renewal terms and does not require clarification (Sec. 48-9(b)(2)): <br /> "A Conservation Agreement for an Enhanced Voluntary Agricultural District shall be deemed <br /> automatically renewed for an additional term of three years unless either the Agricultural <br /> 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 <br /> notice of termination is given." <br /> Note: EVAD renewal terms are shorter than VAD renewal terms because the EVAD is <br /> irrevocable for each term, whereas the VAD can be terminated by the owner at any time. <br /> Proposed Wording Changes to Existing VFPP Ordinance: <br /> Staff recommends the following changes in wording to the first sentence of existing <br /> paragraph Sec. 48-9(b)(1), as well as replacing ambiguous language about renewal with <br /> wording shown in bold type, making it consistent with the way renewal is explained in the EVAD <br /> portion of the VFPP ordinance. <br /> 'A Conservation Agreement for land within a Voluntary Agricultural District shall be <br /> automatically renewed for an additional term of ten yea rs unless that andowtee )pi;9 do <br /> either the <br /> Agricultural Preservation Board or the landowner(s)gives written notice to the contrary <br /> prior to the termination date of the Conservation Agreement.At the end of each ten-year <br /> term, the Conservation Agreement shall automatically renew for an additional ten-year <br /> term unless notice of termination is given.' <br />