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Article 4: Overlay Zoning Districts 47 Section 4.2:Watershed Protection (A) Through variance procedures of the Board of Adjustment, as described in Section 2.10. (B) Through approval and recordation of a conservation agreement, as provided in Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner that prohibits development of land in a protected watershed in perpetuity, (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 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 would satisfy the impervious surface ratio requirements. (12% of 5,833 square feet is 700 square feet.) (b) 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. (c) 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. (d) 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. (e) 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. (C) Through approval and recordation of a declaration of impervious surface re-allocation document (provided bV Orange County) and corresponding exhibit map. The declaration of impervious surface re-allocation document and corresponding exhibit map must clearly outline the proposed modifications, inclusive of the allowable impervious area(s)for each affected lot, the amount of existing and proposed impervious area(s)for each affected lot, and a concise summary of the impervious area(s)to be permanently added and/or removed for each affected lot. The applicant must provide evidence that the proposed impervious surface re-allocations are within the same watershed and within the same tier of that watershed (e.g. critical, protected, unprotected).96 (q(D) Through the installation of a Sstormwater Csontrol Mmeasure (SCM), consistent with the minimum design standards as detailed within the most current version of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062 and the most current version of the Department of Environmental QualitV(NCDEQ) Stormwater Design Manual, State Ster,,,water Design Manual and this Ordinance.97 se Section 4.2.8 revised to better reflect current practice. 97 Consistent reference to the"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual—addressed through remainder of Section 4.2.8. Orange County, North Carolina—Unified Development Ordinance Page 4-11