Agenda - 11-21-2016 - D-2 - Laserfiche WebLink

Browse Search

Article 4: Overlay Zoning Districs� Section 4.2: Watershed Protection on which they are to be situated and to avoid the following environmentally sensitiv- areas: (1) Stream buffer zones as required by Section 6.13; (2) Wetlands as defined by the U.S. Army Corps of Engineers; (3) Land with slopes greater than 15%; and (4) Natural areas as identified in the Inventory of Natural Areas an. ildlife Habitats of Orange County, NC. (B) To :void creating lots that will be difficult to build upon in complianc'• with the standards of thi° Section, the preliminary plan shall show proposed building '-nvelopes and appro ate driveway locations for all lots within subdivisions. (1) A oning compliance permit shall not be issued for th- construction of buildings or • iveways outside the areas so designated on th- preliminary plan unless the Plan •ng Director makes a written finding that the •roposed location complies with th: provisions of this Section and Sections . 13 (Stream Buffers) and 6.14 (Storm :ter Management). 4.2.8 Modifications of the Imper ious Surface Ratio Modifications of the Impervious urface Ratios may be r-quested through one of the following provisions: (A) Through variance procedur of the Board • Adjustment, as described in Section 2.10. (B) Through approval and record. on of a c• servation agreement, as provided in Article 4 of Chapter 121 of the N.C. Gen- al Sta tes, between Orange County and a land owner that prohibits development of Ian. 'n . protected watershed in perpetuity, subject to the following: (1) A modification of the req 'red pervious surface ratios may be approved administratively but onl to the - tent that additional land in the same watershed is conserved or prote ed from de elopment. (2) The land which will •e subject to a conservation agreement must be adjacent to the land propose. for development an for which a modification of the impervious surf. e ratios is sought. (a) As :n example, a person ownin. a 40,000 square foot lot and subject t• a 12% impervious surface ratio ould be limited to 4,800 square feet of impervious coverage. If the pers. 's plans called for 5,500 square feet of coverage (a difference of 700 -•uare feet), the recording of a conservation easement on 5,833 squar: feet of contiguous property would satisfy the impervious surface ratio equirements. (12% of 5,833 square feet is 700 square feet.) (b) The conservation easement shall describe the property restricted in a manner sufficient to pass title, provide that its r= trictions are covenants that run with the land and, be approved in form by the County Attorney. (c) The conservation easement shall, upon recording, be 'n the place of a first priority lien on the property (excepting current ad v. orem property taxes) and shall remain so unless, with the approval of 0 .nge 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 e State of North Carolina and approved to certify title to real prope . Orange County, North Carolina—Unified Development Ordinance Page 4-9