Agenda 03-01-22; 8-e - Approval of Revisions to Orange County Voluntary Farmland Protection Program Ordinance and Boundary Adjustment for the New Hope Voluntary Agricultural District

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10 (a) Purpose. Pursuant to N.C. Gen. Stat. § 106-740, no State or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within an Agricultural District until such agency or unit has requested the Board to hold a public hearing on the proposed condemnation. (b) Procedure. (1) Upon receiving a request, the Board shall publish notice describing the proposed action in the appropriate newspapers of Orange County within five business days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within ten days of receipt of the request. (2) The Board shall meet to review: a. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and b. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the Agricultural District within which the proposed action is to take place. (3) The Board shall consult with the Department of Environment, Agriculture, Parks and Recreation, County Agricultural Extension Agent, the Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Board to be necessary for its review of the proposed action. (4) Within five business days after the hearing, the Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be made available to the public prior to its being conveyed to the decision-making body of the agency proposing the acquisition. (5) There will be a period of ten days allowed for public comment on the report of the Board. (6) After the ten-day period for public comment has expired, the Board shall submit a final report containing all of its findings and recommendations regarding the proposed action to the decision making body of the agency proposing the acquisition. (7) The total time period, from the day that a request for a hearing has been received to the day that a final report is issued to the decision making body of the agency proposing the acquisition, shall not exceed 30 days. If the agency agrees to an extension, the agency and the Board shall mutually agree upon a schedule to be set forth in writing and made available to the public. (8) Pursuant to N.C. Gen. Stat. § 106-740, the Board of Commissioners shall not permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the Board. (Ord. of 03-24-1992, Art. XI, eff. 04-01-1992; Amend. of 04-17-2000, eff. 04-17-2000; Amend. of 06-23-2005, eff. 06-23-2005; Amend. of 04-20-2010, eff. 04-20-2010) Sec. 48-12. - Notification. (a) Record notice of proximity to voluntary agricultural districts and enhanced voluntary agricultural districts. (1) Procedure. The Orange County Tax Administration Department and the Register of Deeds shall implement and enforce the following requirements outlined in this section. Upon certification of qualifying farmland and designation of real property as an Agricultural District, the PIN History to that qualifying farmland and real property, which is contained in the Orange County Tax Administration Department and the Register of Deeds, shall be changed to include a notice Page 8