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Form Revised 09-29-16 <br /> <br />enforcement of impervious surface standards on subdivisions platted and developed <br />before January 1,1994, and the transfer of imperious surface area between parcels. <br /> <br /> <br />2. Analysis <br />As required under Section 2.8.5 of the UDO, the Planning Director is required to: <br />‘cause an analysis to be made of the application and, based upon that analysis, <br />prepare a recommendation for consideration by the Planning Board and the Board of <br />County Commissioners’. <br />Since approximately 1994, staff has required subdivision applicants to identify the <br />cumulative amount of allowable impervious surface area within a project. Area <br />encumbered by proposed road surfaces (public or private roads) is then subtracted <br />from this total allowable area, with the remaining allotment distributed amongst the <br />proposed individual parcels. This ensures no one individual lot is encumbered by the <br />impervious surface area necessary for proposed roadways. <br />Subdivisions approved and recorded before 1994 did not adhere to this methodology. <br />Impervious surface area within roads was not eliminated from the total, cumulative, <br />area for the project and is included within the calculation of allowable impervious <br />surface area for a parcel on which they are located. Residents have voiced concerns <br />this unduly restricts development opportunities on their property as they bear the <br />burden for a common neighborhood amenity (i.e. the impervious surface area in a <br />roadway located on their property). <br />Existing regulations also permit the transfer of impervious surface area between <br />adjacent parcels with the establishment of a conservation easement in accordance <br />with State law. Staff believes there is an opportunity to modify this allowance to <br />permit transfers of impervious surface area between parcels located within the same <br />Watershed Protection Overlay district. <br />The Director is proposing to amend the UDO to address these concerns by: <br />a. Classifying subdivisions platted and developed prior to January 1, 1994 as <br />existing development. Impervious surface area within said roadways will not <br />be calculated as part of the overall impervious area for the parcel, and <br />b. Modifying regulations to allow for impervious surface area to be transferred <br />between parcels located within the same Watershed Protection Overlay district <br />with the creation of a conservation easement. <br />These amendments will provide additional clarity and flexibility for local property <br />owners to address impervious surface issues. <br /> <br /> <br /> <br />3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives) <br />Land Use Goal 6: <br />A land use planning process that is transparent, fair, open, efficient, and responsive. <br /> <br />4