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5 <br />Even if we implement the program described herein, <br />opportunities for local property owners to participate in such <br />a program may be limited. <br />ii. Have an engineer develop a BMP to `treat' runoff thereby allowing <br />for additional impervious surface. <br />STAFF COMMENT: We would recommend the <br />establishment of a cap on the total amount of additional <br />impervious surface allowed per Watershed Protection <br />Overlay District through this method. <br />For example, we may allow for an additional 50% of <br />impervious surface area in the University Lake <br />Protected /Critical Watershed Protection Overlay Districts <br />beyond the established 6% threshold (i.e. maximum of 9 %). <br />This translates to a 2 acre parcel of property, normally <br />allowed 5,227 sq. ft. of impervious surface area (43,560 x 2 <br />x 0.06) to have 7,840 sq. ft. (43,560 x 2 x 0.09). <br />iii. Establish a maintenance /inspection /certification policy where the <br />property owner will have to ensure the perpetual viability of the <br />approved BMP. We would also require documents to be recorded <br />within the Orange County Registrar of Deeds office detailing same. <br />STAFF COMMENT: This has the potential to be costly. The <br />property owner will be required to absorb the cost of: <br />1. Maintaining the installed BMP, <br />2. The cost of an engineer's annual /bi- annual <br />inspection certifying the BMP is working properly, <br />and <br />3. The annual /bi- annual inspection by the County as <br />required within the UDO. <br />iv. Review the need for the posting of a bond or a letter of credit <br />allowing for the removal of the system, and excess impervious <br />surface area, if the property owner fails to properly maintain the <br />system. <br />v. Require the property owner to record documents detailing new <br />impervious surface limits in the Orange County Registrar of Deeds <br />office (i.e. new subdivision plat(s), impervious surface declaration, <br />stormwater operational /maintenance agreement, etc.). <br />STAFF COMMENT: There are subdivisions in the County <br />with locally established impervious surface limits enforced by <br />a homeowners association. <br />Unless these limits are also modified the property owner will <br />be unable to take advantage of any County approved <br />increase. <br />