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Article 4: Overlay Zoning Districts Section 4.2: Watershed Protection Orange County, North Carolina – Unified Development Ordinance Page 4-10 (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 located within the same watershed protection overlay district, as detailed within this Section, 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 within the same watershed protection overlay district would satisfy the impervious surface ratio requirements. (12% of 5,833 square feet is 700 square feet.) (b) Under no circumstances may impervious surface area be increased by more than 6% of the total allowable area on the subject parcel through this process. As an example, a person owning an 87,120 square foot lot subject to a 6% impervious surface ratio would be limited to 5,227 square feet of impervious coverage. The property owner can negotiate the transfer of a maximum of an additional 5,227 square feet of impervious surface coverage with the establishment of a conservation easement as detailed herein. (b)(c) 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. (d) 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. (c)(e) In addition to the requirements of State law, the agreement shall specify the timeframe for removal of excess impervious surface area from the subject property in the event the easement is released or terminated. (d)(f) 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. (g) Orange County approval of a release or termination of the conservation agreement shall be declared on the document releasing or terminating the agreement. The document shall be signed by the Orange County Manager, upon approval of the Board of County Commissioners. No such document shall be effective to release or terminate the conservation agreement until it is filed for registration with the Register of Deeds of Orange County. (e)(h) Transfer of impervious surface area through this process does not exempt property owners from securing all other development permits as detailed within this Ordinance including, but not limited to erosion control and stormwater management. (C) Through the installation of a stormwater feature, consistent with the minimum design standards as detailed within the State BMP Manual. 13