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APB agenda 112205
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APB agenda 112205
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Date
11/22/2005
Meeting Type
Regular Meeting
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Agenda
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H607 [Ratified] E Page 5 of 8 <br />within its planning jurisdiction." <br />SECTION 13. G.S. 106 -739, as recodified by Section 3 of this act, reads as rewritten: <br />"§ 106 -739. Agricultural advisory board. <br />An ordinance adopted under this Part or Part 3 of this Article shall provide for the establishment of an <br />agricultural advisory board, organized and appointed as the county or city that adopted the ordinance shall <br />deem appropriate. The county or city that adopted the ordinance may confer upon this advisory board <br />authority to: <br />(1) Review and make recommendations concerning the establishment and modification of <br />agricultural districts; <br />(2) Review and make recommendations concerning any ordinance or amendment adopted or <br />proposed for adoption under this Part or Part 3 of this Article; <br />(3) Hold public hearings on public projects likely to have an impact on agricultural operations, <br />4 Aparticularly if such projects involve condemnation of all or part of any qualifying farm, <br />dvise the governing board of the county or city that adopted the ordinance <br />on projects, programs, or issues affecting the agricultural economy or way of life within the <br />county; <br />(5) Perform other related tasks or duties assigned by the governing board of the county <br />.or city that adopted the ordinance." <br />SECTION 14. G.S. 106 -740, as recodified by Section 3 of this act, reads as rewritten: <br />"§ 106 -740. Public hearings on condemnation of farmland. <br />An ordinance adopted under this Part or Part 3 of this Article may provide that no State or local public <br />agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland <br />within a voluntary agricultural district under this Part or an enhanced yoluntaryagricultural district under <br />Part 3 of this Article until such agency has requested the local agricultural advisory board established under <br />G.S. 106 -739 to hold a public hearing on the proposed condemnation. <br />(1) Following a public hearing held pursuant to this section, the board shall prepare and submit <br />written findings and a recommendation to the decision- making body of the agency <br />proposing acquisition. <br />(2) The board designated to hold the hearing shall have 30 days after receiving a request under <br />this section to hold the public hearing and submit its findings and recommendations to the <br />agency. <br />(3) The agency may not formally initiate a condemnation action while the proposed <br />condemnation is properly before the advisory board within these time limitations." <br />SECTION 15. G.S. 106 -742, as recodified by Section 3 of this act, reads as rewritten: <br />"§ 106 -742. Waiver of water and sewer assessments. <br />(a) A county or a city that has adopted an ordinance under this Part may provide by ordinance that its <br />water and sewer assessments be held in abeyance, with or without interest. for farms, whether inside or <br />outside of a voluntary agricultural district, until improvements on such property are connected to the water <br />or sewer system for which the assessment was made. <br />(b) The ordinance may provide that, when the period of abeyance ends, the assessment is payable in <br />accordance with the terms set out in the assessment resolution. <br />(c) Statutes of limitations are suspended during the time that any assessment is held in abeyance <br />without interest. <br />(d) If an ordinance is adopted under this section, then the assessment procedures followed under <br />Article 9 of Chapter 153A of the General Statutes or Article 10 of Chapter 160A of the General Statutes, <br />whichever applies. shall conform to the terms of this ordinance with respect to qualifying farms that entered <br />into conservation agreements while such ordinance was in effect. <br />(e) Nothing in this section is intended to diminish the authority of counties or cities to hold <br />assessments in abeyance under'-'.'. ' `4 " '"" :G.S. 153A -201 or G.S. 160A- 237." <br />SECTION 16. G.S. 106 -743, as recodified by Section 3 of this act, reads as rewritten: <br />"§ 106 -743. Gox -Local ordinances. <br />A county or a cily adopting an ordinance under this Part or Part 3 of this Article may consult with the <br />North Carolina Commissioner of Agriculture or his staff before adoption, and shall record the ordinance with <br />the Commissioner's office after adoption. Thereafter, the county or ci shall submit to the Commissioner at <br />least once a year, a written report including the status, progress and activities of ' its farmland <br />preservation program under this Part or Part 3 of this Article." <br />SECTION 17. G.S. 106 -744, as recodified by Section 4 of this act, reads as rewritten: <br />"§ 106 -744. Purchase of agricultural conservation eftseme easements establishment of North <br />Carolina Agricultural Development and Farmland Preservation Trust Fund. <br />http: / /www.ncga.state.ne.us/ Sessions/ 2005Bills /fIouse/HTML/H607v5.html 09/12/2005 <br />
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