Orange County NC Website
Browse       Search
10 <br /> ( a) Purpose. Pursuant to N . C . Gen . Stat . § 106 -740 , no State or local public agency or governmental unit <br /> may formally initiate any action to condemn any interest in qualifying farmland within an Agricultural <br /> District until such agency or unit has requested the Board to hold a public hearing on the proposed <br /> condemnation . <br /> ( b ) Procedure. <br /> ( 1 ) Upon receiving a request , the Board shall publish notice describing the proposed action in the <br /> appropriate newspapers of Orange County within five business days of the request , and will in <br /> the same notice notify the public of a public hearing on the proposed condemnation , to be held <br /> within ten days of receipt of the request . <br /> (2 ) The Board shall meet to review: <br /> a . Whether the need for the project has been satisfactorily established by the agency or unit of <br /> government involved , including a review of any fiscal impact analysis conducted by the <br /> agency involved ; and <br /> b . Whether there are alternatives to the proposed action that have less impact and are less <br /> disruptive to the agricultural activities of the Agricultural District within which the proposed <br /> action is to take place . <br /> ( 3) The Board shall consult with the Department of Environment , Agriculture , Parks and Recreation , <br /> County Agricultural Extension Agent , the Natural Resources Conservation Service District <br /> Conservationist , and any other individuals , agencies , or organizations deemed by the Board to <br /> be necessary for its review of the proposed action . <br /> (4) Within five business days after the hearing , the Board shall make a report containing its findings <br /> and recommendations regarding the proposed action . The report shall be made available to the <br /> public prior to its being conveyed to the decision - making body of the agency proposing the <br /> acquisition . <br /> ( 5) There will be a period of ten days allowed for public comment on the report of the Board . <br /> (6 ) After the ten -day period for public comment has expired , the Board shall submit a final report <br /> containing all of its findings and recommendations regarding the proposed action to the decision <br /> making body of the agency proposing the acquisition . <br /> ( 7) The total time period , from the day that a request for a hearing has been received to the day that <br /> a final report is issued to the decision making body of the agency proposing the acquisition , shall <br /> not exceed 30 days . If the agency agrees to an extension , the agency and the Board shall <br /> mutually agree upon a schedule to be set forth in writing and made available to the public . <br /> ( 8) Pursuant to N . C . Gen . Stat . § 106 -740 , the Board of Commissioners shall not permit any formal <br /> initiation of condemnation by local agencies while the proposed condemnation is properly before <br /> the Board . <br /> (Ord . of 03 -244 992 , Art . XI, eff. 04- 014 992 ; Amend . of 044 7 -2000 , eff. 044 7 -2000 ; Amend . <br /> of 06 -23 -2005 , eff. 06 -23 -2005 ; Amend . of 04 -20 -2010 , eff. 04 -20 -2010) <br /> Sec . 4M2 . - Notification . <br /> ( a) Record notice of proximity to voluntary agricultural districts and enhanced voluntary agricultural <br /> districts. <br /> ( 1 ) Procedure . The Orange County Tax Administration Department and the Register of Deeds shall <br /> implement and enforce the following requirements outlined in this section . Upon certification of <br /> qualifying farmland and designation of real property as an Agricultural District , the PIN History to <br /> that qualifying farmland and real property , which is contained in the Orange County Tax <br /> Administration Department and the Register of Deeds , shall be changed to include a notice <br /> Page 8 <br />