ORC agenda 110216 - Laserfiche WebLink

Browse Search

Article 4: Overlay Zoning Districts Section 4.2: Watershed Protection Orange County, North Carolina – Unified Development Ordinance Page 4-9 on which they are to be situated and to avoid the following environmentally sensitive 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 and Wildlife Habitats of Orange County, NC. (B) To avoid creating lots that will be difficult to build upon in compliance with the standards of this Section, the preliminary plan shall show proposed building envelopes and approximate driveway locations for all lots within subdivisions. (1) A zoning compliance permit shall not be issued for the construction of buildings or driveways outside the areas so designated on the preliminary plan unless the Planning Director makes a written finding that the proposed location complies with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14 (Stormwater Management). 4.2.8 Modifications of the Impervious Surface Ratio Modifications of the Impervious Surface Ratios may be requested through one of the following provisions: (A) Through variance procedures of the Board of Adjustment, as described in Section 2.10. (B) Through approval and recordation of a conservation agreement, as provided in Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner that prohibits development of land in a protected watershed in perpetuity, subject to the following: (1) A modification of the required impervious surface ratios may be approved administratively but only to the extent that additional land in the same watershed is conserved or protected from development. (2) The land which will be subject to a conservation agreement must be adjacent to the land proposed for development and for which a modification of the impervious surface ratios is sought. (a) As an example, a person owning a 40,000 square foot lot and subject to a 12% impervious surface ratio would be limited to 4,800 square feet of impervious coverage. If the person's plans called for 5,500 square feet of coverage (a difference of 700 square feet), the recording of a conservation easement on 5,833 square feet of contiguous property would satisfy the impervious surface ratio requirements. (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 restrictions are covenants that run with the land and, be approved in form by the County Attorney. (c) The conservation easement shall, upon recording, be in the place of a first priority lien on the property (excepting current ad valorem property taxes) and shall remain so unless, with the approval of Orange 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 the State of North Carolina and approved to certify title to real property. 14