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Article 2: Procedures 89 <br /> Section 2.10:Variances <br /> 15 days prior to action on the application. The Planning Department shall notify other <br /> local governments via first class mail. <br /> (E) Modifications of the Impervious Surface Ratio <br /> Modifications of the Impervious Surface Ratios may be requested through one of the <br /> following provisions: <br /> (1) Through variance procedures of the Board of Adjustment, as described in this <br /> subsection (2.10.565). <br /> (2) Through approval and recordation of a conservation agreement, as provided in <br /> Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County <br /> and a land owner that prohibits development of land in a protected watershed in <br /> perpetuity. <br /> (a) In such cases, a modification of the required impervious surface ratios <br /> may be approved administratively but only to the extent that additional <br /> land in the same watershed is conserved or protected from development. <br /> In such instances, the land that will be subject to a conservation <br /> agreement must be adjacent to the land proposed for development and <br /> for which a modification of the impervious surface ratios is sought. <br /> (i) As an example, a person owning a 40,000 square foot lot and <br /> subject to a 12% impervious surface ratio would be limited to <br /> 4,800 square feet of impervious coverage. If the person's plans <br /> called for 5,500 square feet of coverage (a difference of 700 <br /> square feet), the recording of a conservation easement on 5,833 <br /> square feet of contiguous property would satisfy the impervious <br /> surface ratio requirements. (12%of 5,833 square feet is 700 <br /> 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, in form, be approved by the County Attorney. <br /> (c) The conservation easement shall, upon its 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 /> (i) Orange County shall require the priority of the conservation <br /> easement to be certified by and attorney-at-law, licensed to <br /> practice law in the State of North Carolina and approved to <br /> certify title to real property by a lending institution (bank or <br /> savings and loan association) doing business in Orange County. <br /> (d) 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. <br /> (i) The document shall be signed by the Orange County Manager, <br /> upon approval of the Orange County Board of Commissioners. <br /> (ii) No such document shall be effective to release or terminate the <br /> conservation agreement until it is filed for registration with the <br /> Register of Deeds of Orange County. <br /> 5 Updating of Section reference. The Planning Board recommended approval of the change unanimously at its <br /> March 20, 2019 special meeting <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-39 <br />