ORD-2015-015 Voluntary Farmland Protection Program Ordinance

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2015 Action Agenda Item No. 6 -n 1 SUBJECT: Revisions to Orange County Voluntary Farmland Protection Program Ordinance (Code of Ordinances Chapter 48) DEPARTMENT: Environment, Agriculture, Parks PUBLIC HEARING: (Y /N) No and Recreation ATTACHMENT(S): Resolution Amending Chapter 48, Voluntary Farmland Protection Program, of the Orange County Code of Ordinances Ordinance Document Detailing Proposed Revisions INFORMATION CONTACT: David Stancil, 919 - 245 -2510 Peter Sandbeck, 919 - 245 -2517 PURPOSE: To make minor technical adjustments to the wording of the Orange County Voluntary Farmland Protection Program Ordinance (Chapter 48, Orange County Code of Ordinances) to eliminate the requirement that a farm must participate in the present -use program to qualify for the County's Voluntary Agricultural District (VAD) Program, a requirement that was removed from the program's enabling legislation by the North Carolina General Assembly in 2011. BACKGROUND: Orange County's Voluntary Farmland Protection Program was started in 1992 to provide a range of benefits to encourage the preservation and viability of the County's farms. Authority for this program was established by the State in 1985 (North Carolina General Statute (NCGS) 106 -735 to NCGS 106 -744). In 1992 the County adopted its own ordinance (Chapter 48 — Voluntary Farmland Preservation Program) to help encourage the County's farm owners to protect their farm operations through a program of short -term voluntary conservation agreements. As of May 30, 2015, there are 53 farms enrolled in the Voluntary Agricultural District (VAD) program totaling 7,144 acres within the seven districts comprising the non -urban portions of the County. In 2011 the North Carolina General Assembly amended the underlying general statutes for this program to eliminate the requirement that all farms must be enrolled in local "present use" land valuation programs in order to be eligible to participate in the VAD program. The Agricultural Preservation Board (APB) initially maintained this requirement in the local ordinance, with the understanding that it would revisit this after the new state law had been in place for a few years. The APB subsequently determined that the removal of the "present use" requirement would make it possible for a wider range of more diverse farmers to participate in the VAD program. The APB voted unanimously at its regular meeting on January 21, 2015 to recommend the removal of this requirement from County's Voluntary Farmland Protection Program ordinance.