Planning Board - 110420 Attachment 1

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19 NELSON MULLINS RILEY & SCARBOROUGH LLP For informational purposes only. Past success does not indicate the likelihood of success in any future legal representation. SECTION 2-5 PERFORMANCE STANDARDS A. Land Use Intensity. Land use intensity for the Project shall be regulated in accordance with the following: 1. Impervious surface area within the Project shall not exceed 62%. This commitment is more stringent than the 70% impervious area permitted in the Upper Eno River Watershed and as described below in Section 2-5(B)(8). The shared elements of this master planned, mixed use development, including shared parking and access roads, common stormwater control measures, common open spaces preservation and the like result in an overall reduction of the of the required amount of land disturbance that will be required to accommodate the Project. The result is an overall reduction in the environmental impact of the project resulting in greater land area allowed to remain pervious. 2. The maximum floor area ratio shall be 0.65 within each Development Area; provided, however, that, the total development of the Project shall not exceed 500,000 square feet of gross building area. 3. The Project shall maintain a minimum of 40 acres of open space over the entire Project. Open space may include preserved natural areas, managed buffer areas, constructed trails, maintained turf and/or landscape areas, picnic shelters, recreation spaces, stormwater retention or detention areas, easements, and wetlands. All areas restricted from development, such as mapped 100-year flood plains, stormwater control measures, wetlands, streams, stream buffers, landscape areas, required land use buffers, and similar areas shall count towards this requirement. 4. Buildings within the development shall abide by the height limitations and allowances established within Section 3.4 Office/Research and Manufacturing of the UDO. Building height shall be limited to 35 feet except that 2 feet of additional height shall be allowed per one-foot increase in required setback from an external road/property line with a maximum cap of 60 feet. Electrical lines(where heights is dictated by the power company), signs (as discussed in Section 2-5.F below), water towers (where height is dictated by engineering function), telecommunications towers (where height is dictated by engineering function), and other utility structures shall be permitted to exceed the cap of 60 feet. 5. All 100-year floodplains as regulated by FEMA and streams as regulated by the State within the Project shall be buffered and maintained in accordance with applicable County regulations as contained in Section 6.13 and 6.21 of the UDO. In addition, buffers around water features shall be preserved where possible. 6. Each site plan submitted proposing development within an individual Development Area within the Project shall supply documentation outlining the cumulative total of impervious surface and open space / landscape area for the development site. The documentation shall identify the total within the Development Area as well as cumulatively for the Project in order to verify acceptable levels of developmental intensity. Additionally, this documentation is an essential component denoting compliance with stormwater management standards as enforced by the County and as detailed in Section 6.15 of the UDO. B. Environmental Factors. Environmental factors for the Project shall be regulated in accordance with the following and are consistent with the Orange County enforced standards as detailed within Section(s) 6.4.2 through 6.4.7 of the UDO: 1. Noise. a. Noise generated by construction activities shall be regulated in accordance with the provisions of the Orange County Noise Ordinance, including adherence to establish standards for the commencement, and cessation, of construction activities, b. Maximum permitted sound/noise levels for all land uses shall be regulated in accordance with the provisions of the Orange County Noise Ordinance and Section 6.4.3 of the UDO. 23