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Article 2 : Procedures <br /> Section 2 . 10 : Variances <br /> 15 days prior ion . Th en s all notify other <br /> local govern mai . <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 /> ( Through approval and recordation of a conservation agreement , as pr ided in <br /> Article 4 of Chapter 121 of the N . C . General Statutes , between Oran e County <br /> and a land owner that prohibits development of land in a protected atershed in <br /> erpetuity . <br /> ( a In such cases , a modification of the required impervio surface ratios <br /> may be approved administratively but only to the ext nt that additional <br /> land in the same watershed is conserved or protec d from development . <br /> such instances , the land that will be subject to conservation <br /> a eement must be adjacent to the land propo d for development and <br /> for hich a modification of the impervious sur ce ratios is sought . <br /> 0 ) As an example , a person owning 40 , 000 square foot lot and <br /> bject to a 12 % impervious surf ce ratio would be limited to <br /> 43 0 square feet of imperviou coverage . If the person ' s plans <br /> call e for 5 , 500 square feet o coverage ( a difference of 700 <br /> squar feet) , the recording a conservation easement on 5 , 833 <br /> square et of contiguous roperty would satisfy the impervious <br /> surface ra ' o requireme s . ( 12 % of 5 , 833 square feet is 700 <br /> square feet . <br /> ( b ) The conservation ease en hall describe the property restricted in a <br /> manner sufficient to pass ' le , provide that its restrictions are covenants <br /> that run with the land an , i form , be approved by the County Attorney . <br /> ( c ) The conservation eas ment s Il , upon its recording , be in the place of a <br /> first priority lien on t e property xcepting current ad valorem property <br /> taxes ) and shall r ain so unless , ith the approval of Orange County , it <br /> is released and rminated . <br /> ( i ) Oran County shall require th priority of the conservation <br /> eas ment to be certified by and torney- atdaw , licensed to <br /> pr ctice law in the State of North rolina and approved to <br /> ertify title to real property by a lends institution ( bank or <br /> savings and loan association ) doing b iness in Orange County . <br /> ( d ) Ora ge County approval of a release or terminati of the conservation <br /> a eement shall be declared on the document relea ing or terminating <br /> e agreement . <br /> ( i ) The document shall be signed by the Orange C my Manager , <br /> upon approval of the Orange County Board of Co issioners . <br /> ( ii ) No such document shall be effective to release or ter, inate the <br /> conservation agreement until it is filed for registration h 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 />