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OCPB agenda 060315
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OCPB agenda 060315
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6/3/2015
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Regular Meeting
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OCPB minutes 060315
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Article 4: Overlay Zoning Districts <br /> Section 4.2: Watershed Protection <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 4-11 <br /> <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 design <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. 8 <br />Additional allowable impervious surface area shall be based on the soil <br /> <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 />59
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