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18 <br /> 3. Modifications of the Impervious Surface Ratio <br /> Modifications of the Impervious Surface Ratios my be requested <br /> through one of the following provisions: <br /> a) Through variance procedures of the Board of Adjustment, as <br /> described in Article 6.23.11 b. <br /> b) Through approval and recordation of a conservation <br /> agreement, as provided in Article 4 of Chapter 121 of the N.C. <br /> General Statutes, between Orange County and a land owner <br /> that prohibits development of land in a protected watershed in <br /> perpetuity. In such cases, a modification of the required <br /> impervious surface ratios may be approved administratively but <br /> only to the extent that additional land in the same watershed is <br /> conserved or protected from development. In such instances, <br /> the land which will be subject to a conservation agreement <br /> must be adjacent to the land proposed for development and for <br /> which a modification of the impervious surface ratios is sought. <br /> As an example, a person owning a 40,000 square foot lot and <br /> subject to a 12 percent impervious surface ratio would be <br /> limited to 4,800 square feet of impervious coverage. If the <br /> person's plans called for 5,500 square feet of coverage (a <br /> difference of 700 square feet), the recording of a conservation <br /> easement on 5,833 square feet of contiguous property would <br /> satisfy the impervious surface ratio requirements. (12% of <br /> 5,833 square feet is 700 square feet.) <br /> The conservation easement shall describe the property <br /> restricted in a manner sufficient to pass title, provide that its <br /> restrictions are covenants that run with the land and, in form, <br /> be approved by the County Attorney. The conservation <br /> easement shall, upon its recording, be in the place of a first <br /> priority lien on the property (excepting current ad valorem <br /> property taxes) and shall remain so unless, with the approval of <br /> Orange County, it is released and terminated. Orange County <br /> shall require the priority of the conservation easement to be <br /> certified by and attorney-at-law, licensed to practice law in the <br /> State of North Carolina and approved to certify title to real <br /> property by a lending institution (bank or savings and loan <br /> association) doing business in Orange County. <br /> Orange County approval of a release or termination of the <br /> conservation agreement shall be declared on the document <br /> releasing or terminating the agreement. The document shall be <br /> signed by the Orange County Manager, upon approval of the <br /> Orange County Board of Commissioners. No such document <br /> shall be effective to release or terminate the conservation <br /> agreement until it is filed for registration with the Register of <br /> Deeds of Orange County. <br />