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Article 4: Overlay Zoning Districts 20 <br /> Section 4.2: Watershed Protection <br /> (B) Through approval and recordation of a conservation agreement, as provided in Article 4 <br /> of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner <br /> that prohibits development of land in a protected watershed in perpetuity, subject to the <br /> following: <br /> (1) A modification of the required impervious surface ratios may be approved <br /> administratively but only to the extent that additional land in the same watershed <br /> is conserved or protected from development. <br /> (2) The land which will be subject to a conservation agreement must be adjacent to <br /> the land proposed for development and for which a modification of the <br /> impervious surface ratios is sought. <br /> (a) As an example, a person owning a 40,000 square foot lot and subject to <br /> a 12% impervious surface ratio would be limited to 4,800 square feet of <br /> impervious coverage. If the person's plans called for 5,500 square feet <br /> of coverage (a difference of 700 square feet), the recording of a <br /> conservation easement on 5,833 square feet of contiguous property <br /> would satisfy the impervious surface ratio requirements. (12% of 5,833 <br /> square feet is 700 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, be approved in form by the County Attorney. <br /> (c) The conservation easement shall, upon 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 /> (d) Orange County shall require the priority of the conservation easement to <br /> be certified by an attorney-at-law, licensed to practice law in the State of <br /> North Carolina and approved to certify title to real property. <br /> (e) 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. The document shall be signed by the Orange County <br /> Manager, upon approval of the Board of County Commissioners. No <br /> such document shall be effective to release or terminate the <br /> conservation agreement until it is filed for registration with the Register of <br /> Deeds of Orange County. <br /> (C) Through the installation of a stormwater feature, consistent with the minimum desian <br /> standards as detailed within the State BMP Manual. <br /> (1) The proposed feature must be recognized by Orange County and the State as <br /> allowing for an increase in impervious surface area through an infiltration <br /> stormwater feature. <br /> (2) Under no circumstances may impervious surface area be increased by more <br /> than 3% of the total allowable area on the subject parcel through this process. <br /> (3) The property owner shall provide a stormwater assessment, completed by a <br /> licensed engineer, of the current property identifying its infiltration rates and <br /> carrying capacity as well as a comprehensive soil assessment for the property. <br /> (4) The development/design of the feature shall be in accordance with established <br /> design criteria as embodied within the State stormwater manual and shall be <br /> completed by a licensed engineer with expertiese in stormwater management. $ <br /> Additional allowable impervious surface area shall be based on the soil <br /> 8 Language added to address OWASA concern(s)over the UDO explicitly requiring a licensed engineer,with <br /> expertise in stormwater management,completed the design on the BMP. <br /> Orange County, North Carolina—Unified Development Ordinance Page 4-11 <br />