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ORANGE COUNTY PLANNING DEPARTMENT <br /> 15 <br /> 306F REVERE ROAD <br /> HILLSBOROUGH, NORTH CAROLINA 27278 <br /> ,. e <br /> q <br /> MEMORANDUM <br /> TO: Geofrey Gledhill, Co nt Attorney <br /> FROM: Marvin Collins, P anning Director <br /> SUBJECT: Proposed Zoning Ordinance Text Amendment - <br /> Impervious Surface Ratios/Protected Watersheds <br /> DATE: July 28 , 1993 <br /> COPIES: Mary Willis, Planner III/Current Planning <br /> At the May 24 , 1993 public hearing, a proposed Zoning <br /> Ordinance text amendment was presented which would, if adopted, <br /> allow property owners to satisfy impervious surface requirements in <br /> protected watersheds through the approval and recording of a <br /> conservation agreement. A copy of the proposed amendment is <br /> attached as well as supporting documentation. <br /> At the June 21, 1993 meeting of the Planning Board, a question <br /> arose about the wording contained in the first sentence of Section <br /> 6 .24 .4 , Subsection b. Specifically, the Board's concern focused on <br /> the "in perpetuity" provision, and the hypothetical case of a <br /> farmer who provided a conservation easement. If the impervious <br /> surface requirements were eliminated at some future date, could the <br /> farmer have the easement dissolved, given the existence of the <br /> perpetuity provision? The Board's concern was that Orange County <br /> may seek to hold onto such an easment even though the purpose for <br /> its creation was no longer valid. <br /> My response to the Planning Board was that G.S. 121-38 (c) <br /> allowed conservation agreements to be effective in perpetuity or <br /> for a shorter period of time. The Board then questioned the wording <br /> of that statute which states that such agreements may be for <br /> shorter stipulated periods of time. My question to you is, must <br /> there be a specific ending date or could wording be added [to the <br /> ordinance or the agreement] which indicated that the agreement is <br /> void if the ordinance provisions were terminated/eliminated? <br /> My goal is to take the amendment back to the Planning Board at <br /> its August 16, 1993 meeting. Could you provide me answers to the <br /> above questions by August 10? <br />