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Article 4: Overlay Zoning Districts 24 <br /> Section 4.2:Watershed Protection <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 featurestormwater control measure (SCM), <br /> consistent with the minimum design standards as detailed within the State BIVIP <br /> Stormwater Design 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 Sstormwater Design nWanual and <br /> shall be completed by a licensed engineer with expertise in stormwater <br /> management. Additional allowable impervious surface area shall be based on the <br /> soil composition of the property consistent with State regulations. <br /> (5) The property owner shall be responsible for the completion and submission of a <br /> stormwater operation/maintenance and access agreement detailing the perpetual <br /> maintenance, inspection, and upkeep of the approved BMP SCM in accordance <br /> with County and State regulations. <br /> The Planning Director shall cause an analysis to be made of the agreement by <br /> qualified representatives of the County and other agencies or officials as <br /> appropriate. Once approved, the document shall be recorded in the Orange <br /> County Registrar of Deeds office. <br /> The property owner assumes all financial and legal responsibility for the <br /> perpetual maintenance and upkeep of the approved BMPSCM. <br /> (6) The property owner shall assume all costs associated with the preparation and <br /> recordation of new plat(s)/development restrictions detailing the allowable <br /> impervious surface limit(s)for the property after the E3MPSCM has been <br /> approved by the County. <br /> (7) The property owner, at its cost and expense, shall be required to execute and file <br /> with the County a bond, or other form of acceptable security, to cover the cost of <br /> removal of a BMPSCM, and any additional impervious surface area installed as <br /> the result of its approval, in the event the BMP SCM is failed to be maintained in <br /> accordance with the recorded operations agreement. The amount of the bond <br /> shall be 110% of the estimated cost of removing the feature and impervious <br /> surface area as certified by a licensed professional engineer or surveyor. <br /> Orange County, North Carolina—Unified Development Ordinance Page 4-10 <br />