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ORD-2013-018 Ordinance revising the OC Voluntary Farmland Protection Program Ordinance (Code of Ordinances Chapter 48)
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ORD-2013-018 Ordinance revising the OC Voluntary Farmland Protection Program Ordinance (Code of Ordinances Chapter 48)
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Last modified
3/13/2019 8:55:15 AM
Creation date
6/5/2013 12:00:37 PM
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BOCC
Date
6/4/2013
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
5d
Document Relationships
Agenda - 06-04-2013 - 5d
(Linked To)
Path:
\Board of County Commissioners\BOCC Agendas\2010's\2013\Agenda - 06-04-2013 - Regular Mtg.
Minutes 06-04-2013
(Attachment)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2013
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9 <br /> PART I-GENERAL ORDINANCES <br /> Chapter 48-VOLUNTARY FARMLAND PRESERVATION PROGRAM <br /> Sec. 48-7. -Certification and qualification of farmland. <br /> Requirements. To secure County certification as qualifying farmland (Certified Qualifying Farm), a farm <br /> must: <br /> (1) Be located in the unincorporated area of Orange County; <br /> (2) Be participating in the farm present-use-value taxation program, for agriculture, horticulture <br /> or forestry, established by N.C. Gen. Stat. § 105-277.2 through § 105-277.7, or is otherwise <br /> determined by the County to meet all the qualifications of this program set forth in § 105-277.3 ; <br /> (3) Be certified by the Natural Resources Conservation Service of the United States Department <br /> of Agriculture as being a farm on which at least two-thirds of the land is composed of soils that: <br /> a. Are best suited for providing food, seed, fiber, forage, timber, forestry products, <br /> horticultural crops and oil seed crops; <br /> b. Have good soil qualities; <br /> c. Are favorable for all major crops common to the county where the land is located; <br /> d. Have a favorable growing season; and <br /> e. Receive the available moisture needed to produce high yields for an average of eight <br /> out of ten years; <br /> OR <br /> Have been actively used in agricultural, horticultural or forestry operations as defined by <br /> N.C. Gen. Stat. § 105-277.2 (1, 2, 3) during each of the five previous years, measured <br /> from the date on which the determination must be made as to whether the land in <br /> question qualifies; <br /> (4) Be managed, if highly erodible land exists on the farm, in accordance with the Natural <br /> Resources Conservation Service defined erosion-control practices that are addressed to said <br /> highly-erodible land (have a current conservation farm plan and/or forestry management plan <br /> associated with the current usages and owner); and <br /> (5) Be the subject of a conservation agreement, as defined in N.C. Gen. Stat. § 121-35, between <br /> the County and the owner of such land that prohibits non-farm use or development of such land <br /> for a period of at least ten years, except for the creation of not more than three lots that meet <br /> applicable County zoning and subdivision regulations. <br /> (Ord. of 03-24-1992, Art. VII, eff. 04-01-1992; Amend. of 04-17-2000, eff. 04-17-2000; Amend. of <br /> 06-23-2005, eff. 06-23-2005;Amend. of 04-20-2010, eff. 04-20-2010) <br /> Sec. 48-8. -Application, approval, and appeal procedure. <br /> (a) Application and certification procedures. A farmland owner may apply for either certification as <br /> qualifying farmland or for qualifying farmland designation. For a farmland owner to receive the benefits <br /> provided by this Ordinance, the farm must be certified as qualifying farmland (Certified Qualifying Farm) <br /> by the Board and approved and designated as a Voluntary or Enhanced Voluntary Agricultural District <br /> Orange County, North Carolina, Code of Ordinances <br /> Page 6 of 13 <br />
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