Agenda - 05-26-2015 - C-4 - Laserfiche WebLink

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Article 4: Overlay Zoning Districts34 Section 4.2: Watershed Protection (b) The conservation easement shall describe the property restricted in a manner sufficient to pass title, provide that its restrictions are covenants that run with the land and, be approved in form by the County Attorney. (c) The conservation easement shall, upon recording, be in the place of a first priority lien on the property (excepting current ad valorem property taxes) and shall remain so unless, with the approval of Orange County, it is released and terminated. (d) Orange County shall require the priority of the conservation easement to be certified by an attorney -at -law, licensed to practice law in the State of North Carolina and approved to certify title to real property. (e) Orange County approval of a release or termination of the conservation agreement shall be declared on the document releasing or terminating the agreement. The document shall be signed by the Orange County Manager, upon approval of the Board of County Commissioners. No such document shall be effective to release or terminate the conservation agreement until it is filed for registration with the Register of Deeds of Orange County. (C) Through the installation of a stormwater feature, consistent with the minimum design standards as detailed within the State BMP Manual. (1) The proposed feature must be recognized by Orange County and the State as allowing for an increase in impervious surface area through an infiltration stormwater feature. (2) Under no circumstances may impervious surface area be increased by more than 3% of the total allowable area on the subiect parcel throuah this process. (3) The property owner shall provide a stormwater assessment, completed by a licensed engineer, of the current property identifying its infiltration rates and carrying capacity as well as a comprehensive soil assessment for the property. 4) The develooment/desian of the feature shall be in accordance with established design criteria as embodied within the State stormwater manual and shall be completed by a licensed engineer with expertiese in stormwater management.' Additional allowable impervious surface area shall be based on the soil composition of the property consistent with State regulations. t(5) The property owner shall be responsible for the completion and submission of a stormwater operation /maintenance and access agreement detailing the perpetual maintenance, inspection, and upkeep of the approved BMP in accordance with County and State regulations. The Planning Director shall cause an analysis to be made of the agreement by qualified representatives of the Cointy and other agencies or offficials as appropriate. Once approved, the document shall be recorded in the Orange County Registrar of Deeds office. The property owner assumes all financial and legal responsibility for the perpetual maintenance and upkeep of the approved BMP. (6) The property owner shall assume all costs associated with the preparation and 7 Language added to address OWASA concern(s) over the UDO explicitly requiring a licensed engineer, with expertise in stormwater management, completed the design on the BMP. 8 The County Attorney's office has expressed concern over the language with this Section, specifically there is a concern over liability issues due to the lack of defined standards associated with said review. Unfortunately we have received numerous review comments from our planning partners (i.e. OWASA, the Towns, etc.) requesting additional level of detail. While we understand the nature of the Attorney's concern staff is finding it difficult to make everyone comfortable. Orange County, North Carolina — Unified Development Ordinance Page 4 -11