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Article 2: Procedures 15 <br /> Section 2.10:Variances <br /> (i) As an example, a person owning a 40,000 square foot lot and <br /> subject to a 12% impervious surface ratio would be limited to <br /> 4,800 square feet of impervious coverage. If the person's plans <br /> called for 5,500 square feet of coverage (a difference of 700 <br /> square feet), the recording of a conservation easement on 5,833 <br /> square feet of contiguous property would satisfy the impervious <br /> surface ratio requirements. (12%of 5,833 square feet is 700 <br /> square feet.) <br /> (b) The conservation easement shall describe the property restricted in a <br /> manner sufficient to pass title, provide that its restrictions are covenants <br /> that run with the land and, in form, be approved by the County Attorney. <br /> (c) The conservation easement shall, upon its recording, be in the place of a <br /> first priority lien on the property(excepting current ad valorem property <br /> taxes) and shall remain so unless, with the approval of Orange County, it <br /> is released and terminated. <br /> (i) Orange County shall require the priority of the conservation <br /> easement to be certified by and attorney-at-law, licensed to <br /> practice law in the State of North Carolina and approved to <br /> certify title to real property by a lending institution (bank or <br /> savings and loan association)doing business in Orange County. <br /> (d) Orange County approval of a release or termination of the conservation <br /> agreement shall be declared on the document releasing or terminating <br /> the agreement. <br /> (I) The document shall be signed by the Orange County Manager, <br /> upon approval of the Orange County Board of Commissioners. <br /> (ii) No such document shall be effective to release or terminate the <br /> conservation agreement until it is filed for registration with the <br /> Register of Deeds of Orange County. <br /> 2.10.6 Procedure for Certain Stream Buffer Variance Requests <br /> Requests for variances from stream buffer requirements within 50-feet from the top of the stream <br /> bank shall abide by the following procedure: <br /> (A) The Erosion Control Officer shall make a finding of fact as to whether the following <br /> requirements have been met: <br /> (1) There are practical difficulties or unnecessary hardships that prevent compliance <br /> with the strict letter of the stream buffer protection requirements. Practical <br /> difficulties or unnecessary hardships shall be evaluated in accordance with the <br /> following: <br /> (a) If the applicant complies with the provisions of the stream buffer <br /> requirements, he/she can secure no reasonable return from, nor make <br /> reasonable use of, his/her property. <br /> (i) Merely proving that the variance would permit a greater profit <br /> from the property will not be considered adequate justification for <br /> a variance. <br /> (ii) Moreover,the Erosion Control Officer shall consider whether the <br /> variance is the minimum possible deviation from the stream <br /> buffer requirements that will make reasonable use of the <br /> property possible. <br /> (b) The hardship results from application of the stream buffer requirements <br /> to the property rather than from other factors such as deed restrictions or <br /> other hardship. <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-34 <br />