Orange County NC Website
S. <br />Step 5 - Acceptance of Offer: Upon receipt of an offer to <br />sell, the County Attorney would present the offer to the Board <br />of Commissioners to accept, reject or authorize further <br />negotiation. Upon acceptance of an offer, the Board of <br />Commissioners would authorize the County Attorney to conduct <br />the necessary title examinations and close on the property. <br />Step 6 - Closing: Upon preparation of the appropriate legal <br />documents covering titles, deeds, surveys, and subordination <br />agreements, a closing would be scheduled between the landowner <br />and the County Attorney. At the closing, the owner would <br />execute appropriate warranty documents conveying development <br />rights to the County in perpetuity. After proper recordation <br />of the necessary instruments, the landowner would be presented <br />with a check. The County would bear all closing and related <br />costs, and would be responsible for securely storing all <br />pertinent records of the transaction. <br />What restrictions would be placed on land in the Purchase of <br />Development Rights Program? <br />Since the purpose of a PDR Program is to preserve agricultural <br />land, restrictions on property use after acquisition of <br />development rights should be carefully crafted. Restrictions <br />of the Forsyth County program include the following: <br />a. Only pre - existing dwellings or their replacements are <br />permitted on land from which development rights have been <br />conveyed. However, a dwelling or dwellings intended <br />for occupancy by an employee or tenant of the farm who <br />earns a substantial part of his /her livelihood from the <br />farm operation, or by a child or children of the <br />landowner, are permitted. For employees, one dwelling per <br />100 acres may be constructed. For children, one dwelling <br />per child up to a maximum of five dwellings is allowable. <br />b. Where feasible, all permitted nonfarm structures must be <br />located in the immediate vicinity of existing structures; <br />e.g., the homestead or curtilege, or on the area(s) of <br />the property of least productive capability. Such <br />structures must utilize existing driveways, lanes or <br />rights -of -way where feasible. <br />C. The extraction of minerals by surface mining, and the <br />extraction and removal of topsoil from the property are <br />prohibited. The extraction of subsurface or deep -mined <br />minerals is permitted, provided the removal activity does <br />not significantly diminish the agricultural potential of <br />the land. <br />d. The dumping, storage, processing or landfill of non- <br />agricultural solid waste generated off -site and hazardous <br />or nuclear waste is prohibited. <br />Page - 13 <br />