Agenda - 03-24-1992 - Laserfiche WebLink

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1.5 the provisions of the ordinance, the standards set forth above have been reduced to one; i.e., within one -half mile of a voluntary agricultural district.] C. In no event shall the County or any of its officers, employees, or agents be held liable in damages for any misfeasance, malfeasance, of nonfeasance occurring in good faith in connection with the duties or obligations imposed by any ordinance adopted under subsection 8 above. [This provision is identical to G.S. 106 -741 (b). Provided that a "good faith" effort is made to identify the existence of a voluntary agricultural district in the computerized land records system, it prevents a farmer or neighboring property owner from bringing suit against the County. D. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this ordinance. [This provision is based on G.S. 106 -741 (c) and is similar to "C" above except the protection from suit is afforded to the persion conducting the title research.] Section I% - WAIVER OF WATER AND SEWER ASSESSMENTS A. Landowner(s) belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange County water and /or sewer systems. [The basic provisions concerning water and /or sewer assessments are contained in G.S. 106 -742. The provisions which follow are modeled after that statute. It should be noted that the provision above that landowners are not required to connect to such systems is included to assure that the abeyance procedures are not circumvented by a mandatory connection requirement in an assessment resolution. It should also be noted that these provisions only apply to systems extended by Orange County. They would not apply to other utility providers unless there was an interlocal agreement between Orange County and the provider which required the provider to adhere to the same provisions.] H. Water and sewer assessments will be held in abeyance, without interest, for farms, whether inside or outside of a voluntary agricultural district, until improvements on such property are connected to the water or sewer system for which the assessment was made. [Article 9 of Chapter 153A of the N.C. General Statutes permits counties to extend public water and /or sewer facilities, and assess the cost of such improvements to adjoining property owners. G.S. 106 -742 (a) permits the County to hold assessments for farms in abeyance until connection is made to the facilities. The only difference between the ordinance provisions and those contained in