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Article 4: Overlay Zoning Distri4k3 <br /> Section 4.2: Watershed Protection <br /> on which they are to be situated and to avoid the following environmentally sensitive <br /> areas: <br /> (1) Stream buffer zones as required by Section 6.13; <br /> (2) Wetlands as defined by the U.S. Army Corps of Engineers; <br /> (3) Land with slopes greater than 15%; and <br /> (4) Natural areas as identified in the Inventory of Natural Areas and W. dlife Habitats <br /> of Orange County, NC. <br /> (B) To avoid creating lots that will be difficult to build upon in compliance th the standards <br /> this Section, the preliminary plan shall show proposed building en elopes and <br /> approximate driveway locations for all lots within subdivisions. <br /> (1) A zoning compliance permit shall not be issued for the ..nstruction of buildings <br /> .r driveways outside the areas so designated on the . eliminary plan unless the <br /> .nning Director makes a written finding that the proposed location complies <br /> wit' the provisions of this Section and Sections 6 3 (Stream Buffers) and 6.14 <br /> (Stor water Management). <br /> 4.2.8 Modifications of the Im•-rvious Surface Ratio <br /> Modifications of the Impervio.s Surface Ratios may be re.uested through one of the following <br /> provisions: <br /> (A) Through variance proced es of the Board o Adjustment, as described in Section 2.10. <br /> (B) Through approval and recor•.tion of a co'servation agreement, as provided in Article 4 <br /> of Chapter 121 of the N.C. Ge -ral Stat. es, between Orange County and a land owner <br /> that prohibits development of Ian. in . .rotected watershed in perpetuity, subject to the <br /> following: <br /> (1) A modification of the req 're. •mpervious surface ratios may be approved <br /> administratively but onl to the : tent that additional land in the same watershed <br /> is conserved or prote• ed from de elopment. <br /> (2) The land which wil se subject to a c. servation agreement must be adjacent to <br /> the land propose. for development an for which a modification of the <br /> impervious su :ce ratios is sought. <br /> (a) As . example, a person owning a 0,000 square foot lot and subject to <br /> a % impervious surface ratio wouls se limited to 4,800 square feet of <br /> pervious coverage. If the person's p ns called for 5,500 square feet <br /> of coverage (a difference of 700 square -t), the recording of a <br /> conservation easement on 5,833 square feat of contiguous property <br /> would satisfy the impervious surface ratio req.irements. (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 restric .ons are covenants <br /> that run with the land and, be approved in form by the , ounty Attorney. <br /> (c) The conservation easement shall, upon recording, be in 'e place of a <br /> first priority lien on the property (excepting current ad valor- property <br /> taxes) and shall remain so unless, with the approval of Oran.- County, it <br /> is released and terminated. <br /> (d) Orange County shall require the priority of the conservation ease -nt to <br /> be certified by an attorney-at-law, licensed to practice law in the Sta - 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 /> Orange County, North Carolina—Unified Development Ordinance Page 4-9 <br />