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26 <br /> Article 2: Procedures <br /> Section 2.10:Variances <br /> 2.10.6 Additional Criteria for Authorized Variances—Watershed Protection Overlay District <br /> (A) Minor variances for dimensional requirements of the Watershed Protection Overlay <br /> District may be approved by the Board of Adjustment in accordance with Section 2.12 of <br /> this Ordinance. <br /> (B) The Board of Adjustment may approve variance applications to allow the use of off-site <br /> septic easements for lots created before January 1, 1994, and for non-conforming lots of <br /> record. <br /> (C) A description of each project receiving a variance and the reason for granting the <br /> variance shall be submitted for each calendar year to the Division of Water Quality on or <br /> before January 1st of the following year. <br /> (D) All other local governments having jurisdiction within the watershed area and the entity <br /> using the water supply for consumption shall be notified of the variance application at <br /> least 15 days prior to action on the application. The Planning Department shall notify <br /> other 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 (2.10.6). <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 /> Orange County,North Carolina—Unified Development Ordinance Page 2-34 <br />