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Article 4: Overlay Zoning Districts31 <br /> Section 4.2:Watershed Protection <br /> 4.2.6 Placement of Streets, Driveways, and Buildings <br /> (A) Streets, driveways, and buildings or other structures shall be located, to the extent <br /> reasonably possible, so as to take full advantage of the absorptive capacity of the soils <br /> on which they are to be situated and to avoid the following environmentally sensitive <br /> areas: <br /> (1) Stream buffer zones as required by Section 6.13; <br /> (2) Wetlands as defined by the U.S. Army Corps of Engineers; <br /> (3) Land with slopes greater than 15%; and <br /> (4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats <br /> of Orange County, NC. <br /> (B) To avoid creating lots that will be difficult to build upon in compliance with the standards <br /> of this Section, the preliminary plan shall show proposed building envelopes and <br /> approximate driveway locations for all lots within subdivisions. <br /> (1) A zoning compliance permit shall not be issued for the construction of buildings <br /> or driveways outside the areas so designated on the preliminary plan unless the <br /> Planning Director makes a written finding that the proposed location complies <br /> with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14 <br /> (Stormwater Management). <br /> 4.2.7 Modifications of the Impervious Surface Ratio <br /> Modifications of the Impervious Surface Ratios may be requested through one of the following <br /> provisions: <br /> (A) Through variance procedures of the Board of Adjustment, as described in Section 2.10. <br /> (B) Through approval and recordation of a conservation agreement, as provided in Article 4 <br /> of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner <br /> that prohibits development of land in a protected watershed in perpetuity, subject to the <br /> following: <br /> (1) A modification of the required impervious surface ratios may be approved <br /> administratively but only to the extent that additional land in the same watershed <br /> is conserved or protected from development. <br /> (2) The land which will be subject to a conservation agreement must be adjacent to <br /> the land proposed for development and for which a modification of the <br /> impervious surface ratios is sought. <br /> (a) As an example, a person owning a 40,000 square foot lot and subject to <br /> a 12% impervious surface ratio would be limited to 4,800 square feet of <br /> impervious coverage. If the person's plans called for 5,500 square feet <br /> of coverage (a difference of 700 square feet), the recording of a <br /> conservation easement on 5,833 square feet of contiguous property <br /> would satisfy the impervious surface ratio requirements. (12% of 5,833 <br /> square feet is 700 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, be approved in form by the County Attorney. <br /> (c) The conservation easement shall, upon 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 /> Orange County, North Carolina—Unified Development Ordinance Page 4-10 <br />