ORD-2022-005-Approval of Revisions to Orange County voluntary farmland protection program Ordinance code ordinances chapter 48 and boundary adjustment for the New Hope voluntary agricultural district

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9 Sec . 48 - 9 . - Revocation and renewal of conservation agreement . (a) Revocation . By written notice to the Board , a landowner of qualifying farmland may revoke the Conservation Agreement or the Board may revoke the same Conservation Agreement based on noncompliance by the landowner, subject to the same provisions as contained in Section 48 - 8 for appeal of denials . Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in an Agricultural District . Absent noncompliance by the landowner, neither the Board nor the Board of Commissioners shall revoke any conservation agreements prior to its expiration . ( b ) Renewal. ( 1 ) District . A Conservation Agreement for land with a Voluntary Agricultural District shall be automatically renewed unless that landowner( s) provides 30 -day written notice to the Agricultural Preservation Board of intent not to renew . Absent noncompliance by the landowner , neither the Agricultural Preservation Board nor the Board of County Commissioners shall fail to renew any Conservation Agreement unless this Ordinance or its authorizing legislation has been repealed . (2 ) Enhanced District . A Conservation Agreement for land within a Voluntary Agricultural District shall be automatically renewed for an additional term of ten years unless either the Agricultural Preservation Board or the landowner( s ) gives written notice to the contrary prior to the termination date of the Conservation Agreement . At the end of each ten -year term , the Conservation Agreement shall automatically renew for an additional ten -year term unless notice of termination is given . (Ord . of 03 -244992 , Art . IX , eff. 04 - 014992 ; Amend . of 04 -20 -2010 , eff. 04 -20 -2010 ; Amend . of 64 -2013 , eff. 64 -2013 ) Sec . 48 - 10 . - Additional enhanced agricultural district benefits . Land enrolled in the Enhanced Voluntary Agricultural District program is entitled to all of the benefits available under the Voluntary Agricultural District program , and to the following additional benefits : ( a) Sale of non-farm products. Landowners participating in Enhanced Districts may receive up to 25 percent of gross sales from the sale of nonfarm products and still qualify as a bona fide farm that is exempt from County zoning regulations under N . C . Gen . Stat . § 153A-340 ( b ) . A farmer seeking to benefit from this subsection shall have the burden of establishing that the property' s sale of nonfarm products did not exceed 25 percent of its gross sales . ( b ) Agricultural cost share program Landowners participating in Enhanced Districts are eligible under N . C . Gen . Stat . § 143 -215 . 74 ( b ) to receive the higher percentage of cost -share funds for the benefit of that farmland under the Agriculture Cost Share Program established pursuant to Part 9 of Article 21 of Chapter 143 of the General Statutes for funds to benefit that farmland . (c) Priority consideration. State departments , institutions , or agencies that award grants to farmers are encouraged to give priority consideration to landowners participating in Enhanced Districts . ( d ) Utility assessment waiver. As provided in Section 48 - 19 below , waiver of all County utility assessments in addition to waiver of water and sewer assessments is available to all participants in Enhanced Districts . (Ord . of 03 -244 992 , Art . X , eff. 04 - 014 992 ; Amend . of 044 7 -2000 , eff. 044 7 -2000 ; Amend . of 04 -20 -2010 , eff. 04 -20 -2010) Sec . 4841 . - Public hearings . Page 7