Agenda 11-06-2025; 5-b - Unified Development Ordinance Text Amendments – Impervious Surfaces, Watershed Protection Overlay Districts, and Stream Buffers

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Article 4: Overlay Zoning Districts21 Section 4.2:Watershed Protection Overlay Districts2F (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 (by Orange County)and recordation (by the land owner(s))of a Declaration of Impervious Surface Re-Allocation form (provided by Orange County) and a corresponding scaled exhibit map. The Declaration of Impervious Surface Re-Allocation form and corresponding scaled exhibit map must clearly describe the proposed site modifications, inclusive of the allowable impervious area(s)for each affected lot(in square feet), the amount of existing impervious area(s)for each affected lot(in square feet), and the amount of proposed 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). (D) Through the installation of a Stormwater Control Measure (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 Quality (NCDEQ) Stormwater Design Manual, and this Ordinance. (1) The proposed feature must be recognized by Orange County and the State as allowing for an increase in impervious surface area through an Infiltration System. (2) Under no circumstances may impervious surface area be increased by more than 3% of the total allowable area on the subject parcel through this process. (3) The property owner shall provide a stormwater assessment, completed by a licensed engineer, of the current property identifying its infiltration rates and carrying capacity as well as a comprehensive soil assessment for the property. (4) The development/design of the feature shall be in accordance with established design criteria as embodied 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 NCDEQ Stormwater Design Manual and shall be completed by a licensed engineer with expertise in stormwater management. Additional allowable impervious surface area shall be based on the soil composition of the property consistent with State regulations. (5) The property owner shall be responsible for the completion and submission of a stormwater operation/maintenance and access agreement detailing the perpetual maintenance, inspection, and upkeep of the approved SCM in accordance with Orange County and State regulations. The Planning Director shall cause an analysis to be made of the agreement by qualified representatives of Orange County and other agencies or officials as appropriate. Once approved, the document shall be recorded at the Orange County Register of Deeds office. The property owner assumes all financial and legal responsibility for the perpetual maintenance and upkeep of the approved SCM. (6) The property owner shall assume all costs associated with the preparation and recordation of new plat(s)/development restrictions detailing the allowable impervious surface limit(s)for the property after the SCM has been approved by Orange County. Orange County, North Carolina—Unified Development Ordinance Page 4-15