APB agenda 101905 - Laserfiche WebLink

Browse Search

SL2005 -0390 Page 6of10 county statters. or city that adopted the ordinance." SECTION 14. G.S. 106 =740, as recodified by Section 3 of this act, reads as rewritten: "§ 106 -740. Public hearings on condemnation of farmland. An ordinance adopted under this Part or Part 3 of this Article may provide that no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a voluntary agricultural district under this Part or an enhanced voluntary agricultural district under Part 3 of this Article until such agency has requested the local agricultural advisory board established under G.S. 106 -739 to hold a public hearing on the proposed condemnation. (1) Following -a public hearing held pursuant to this section, the board shall prepare and submit written findings and a recommendation to the decision- making body of the agency proposing acquisition. (2) The board de si ated to hold the hearing shall have 30 days after receiving a request under this section to hold the public hearing and submit its findings and recommendations to the agency. (3) The agency may not formally initiate a condemnation action while the proposed condemnation is properly before the advisory board within these time limitations." SECTION 15. G.S. 106 -742, as recodified by Section 3 of this act, reads as rewritten: "§ 106 -742. Waiver of water and sewer assessments. (a) A county or a city that has adopted an ordinance under this Part may j)rovide by ordinance that its water and sewer assessments be held in abeyance, with or 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. (b) The ordinance may provide that, when the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. (c) Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. (d) If an ordinance is adopted under this section, then the assessment procedures followed under Article 9 of Chapter 153A of the General Statutes or Article 10 of Chapter 160A of the General Statutes whichever a lies shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordinance was in effect. (e) Nothing in this section is intended to diminish the authority of counties or cities to hold assessments in abeyance under G.S. 46;A 29 :G.S. 153A -201 or G.S. 160A- 237." SECTION 16. G.S. 106 -743, as recodified by Section 3 of this act, reads as rewritten: "§ 106 -743. Local ordinances. A county or a ci adopting an ordinance under this Part or Part 3 of this Article may consult with the North Carolina Commissioner of Agriculture or his staff before adoption, and shall record the ordinance with the Commissioner's office after adoption. Thereafter, the county or ci shall submit to the Commissioner at least once a year, a written report including the status, progress and activities of 'its farmland preservation program under this Part or Part 3 of this Article." SECTION 17. G.S. 106 -744, as recodified by Section 4 of this act, reads as rewritten: "§ 106 -744. Purchase of agricultural conservation easetne easements; establishment of North Carolina Agricultural Development and Farmland Preservation Trust Fund. (a) A county may, with the voluntary consent of landowners, acquire by purchase agricultural conservation easements over qualifying farmland as defined by G.S. 196 -43; G.S. G.S. 106 -737. (b) For purposes of this section, "agricultural conservation easement" means a negative easement in gross restricting residential, commercial, and industrial development of land for the http: / /www.nega.state.nc.us/ Sessions/ 2005Bills /House/HTML/H607v6.html 9/21/2005