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3. Modifications of the Im ervious Surface Ratio 16 ' <br />I <br />Modifications of the Impervious Surface Ratios my be requested through one of the <br />following provisions: <br />a) Through variance procedures of the Board of Adjustment, as described in Article <br />6.23.1 lb. <br />b) 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. In such cases, a modification of the required impervious surface ratios <br />may be approved administratively but only to the extent that additional land in the <br />same watershed is conserved or protected from development. In such instances, <br />the land which will be subject to a conservation agreement must be adjacent to the <br />land proposed for development and for which a modification of the impervious <br />surface ratios is sought. <br />As an example, a person owning a 40,000 square foot lot and subject to a 12 <br />percent 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 of <br />coverage (a difference of 700 square feet), the recording of a conservation <br />easement on 5,$33 square feet of contiguous property would ~ satisfy the <br />impervious surface ratio requirements. (12% of 5,833 square feet is 700 square <br />feet.) <br />The conservation easement shall describe the property restricted in a manner <br />sufficient to pass title, provide that its restrictions are covenants that run with the <br />land and, in form, be approved by the County Attorney. The conservation <br />easement shall, upon its recording, be in the place of a first priority lien on the <br />property (excepting current ad valorem property taxes) and shall remain so unless, <br />with the approval of Orange County, it is released and terminated. Orange <br />County shall require the priority of the conservation easement to be certified by <br />and attorney-at-law, licensed to practice law in the State of North Carolina and <br />approved to certify title to real property by a lending institution (bank or savings <br />and loan association) doing business in Orange County. <br />Orange County approval of a release or termination of the conservation agreement <br />- - shall be declared on the document releasing or terminating the agreement. The <br />document shall be signed by the Orange County Manager, upon approval of the <br />Orange County Board of Commissioners. No such document shall be effective to <br />release or terminate the conservation agreement until it is filed for registration <br />with the Register of Deeds of Orange County. <br />