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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 />12 <br />