Orange County NC Website
A. PURPOSE <br />The purpose of this section is to help prevent potential conflicts from occurring between qualifying farms and non- <br />farm landowners-regarding acceptable and responsible farming operations and practices, and to minimize the <br />incidence of nuisance suits against owners of qualifying farmland. <br />B. PROCEDURE <br />Upon certification of qualifying farmland and designation of real property as a voluntary agricultural district, the <br />Orange County Land Records System shall be changed to include a notice reasonably calculated to alert a person <br />researching the title of a particular tract that such tract is located within one-half mile of a voluntary agricultural <br />district. <br />C. In no event shall the County or any of its officers, employees, or agents be held liable in damages for any <br />misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations <br />imposed by any ordinance adopted under subsection B above. <br />D. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to <br />report to any person the proximity of the tract to a qualifying farm or voluntary agricultural district as defined in this <br />ordinance. <br />Section IX - WAIVER OF WATER AND SEWER ASSESSMENTS <br />A. Landowner(s) belonging to voluntary agricultural districts shall not be assessed for or required to connect to Orange <br />County water and/or sewer systems. <br />B. Water and sewer assessments will be held in abeyance, without interest, for farms, whether inside or outside of a <br />voluntary agricultural district, until improvements on such property are connected to the water or sewer system for <br />which the assessment was made. <br />C. When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment <br />resolution. <br />D. Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. <br />E. Assessment procedures followed under Article 9 of Chapter 153A of the N.C. General Statutes shall conform to the <br />terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such <br />ordinance was in effect. <br />F. Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C. <br />General Statutes, Section 153A-201. <br />Section X - LAND-USE INCENTIVES TO <br />VOLUNTARY AGRICULTURAL DISTRICT FORMATION <br />A. PURPOSE <br />The purpose of this section is to help meet the needs of agriculture as an industry in Orange County and prevent <br />conflicts between voluntary agricultural district participants and non-farm landowners in proximity to districts. <br />B. PROCEDURE <br />Land-use planning decisions and ordinances affecting parcels of land adjacent to any district shall take into account <br />the existence of such district and the purpose of this ordinance. <br />Section XI - NORTH CAROLINA AGENCY NOTIFICATION <br />A. The Board may consult with the North Carolina Commissioner of Agriculture, the North Carolina Division of Soil <br />and Water, and any other entity the Boards deems necessary to the proper conduct of its business.