HomeMy WebLinkAboutORC agenda 060618
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, June 6, 2018
Ordinance Review Committee Meeting – ~ 7:15 pm
(immediately following the regular Planning Board meeting)
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on proposed amendments before the items are formally
considered by the Planning Board. Attendance is not mandatory and a quorum is not necessary for
meetings of the ORC.
No. Page(s) Agenda Item
1. CALL TO ORDER
2.
2 – 13
UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
IMPERVIOUS SURFACE STANDARDS - To review proposed amendments
to the UDO that clarify existing regulations related to the enforcement
of impervious surface standards on subdivisions platted and
developed before January 1,1994 and modify existing standards
governing the transfer of imperious surface area between parcels
located within the same watershed protection overlay district.
Presenter: Michael Harvey, Current Planning Supervisor
3. ADJOURNMENT
1
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
AGENDA ITEM ABSTRACT
Meeting Date: June 6, 2018
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Modification of
Impervious Surface Requirements
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance (UDO)
Amendment Outline Form 2018-06
2. Draft UDO Text Amendments
Craig Benedict, Director (919) 245-2575
Michael D. Harvey, Planner III (919) 245-2597
PURPOSE: To review and comment upon government-initiated Unified Development Ordinance
(UDO) text amendments updating and modifying existing impervious surface regulations.
BACKGROUND: The Planning Director has initiated text amendments to the UDO intended to:
1. Clarify existing regulations related to the enforcement of impervious surface standards
on subdivisions platted and developed before January 1,1994, and
2. Modify existing standards governing the transfer of imperious surface area between
parcels located within the same watershed protection overlay district.
Current regulation(s) require subdivision applicants to identify the cumulative amount of
allowable impervious surface area on a parcel and subtract proposed road surfaces (public or
private roads). Once roadways are subtracted, the remaining area is distributed amongst the
proposed individual parcels.
Unfortunately the majority of subdivisions approved and recorded before 1994, the year the
County implemented county-wide watershed protection regulations, did not abide by this
practice. As a result impervious surface area within roads has to be included within the
calculation of allowable impervious surface area for a parcel on which they are located.
Concerns have been expressed this unduly restricts development opportunities.
Existing regulations also permit the transfer of impervious surface area between parcels with the
establishment of a conservation easement in accordance with State law. Per existing
regulations the parcels have to be adjacent to one another.
Staff believes there is an opportunity to modify existing regulations to address unintended
impacts. For more information please refer to Attachment 1.
2
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Existing staff, included in the Departmental staffing budget,
will accomplish the work required to process this amendment.
RECOMMENDATION(S): Planning staff recommends the ORC review and comment upon the
proposed amendments to the UDO.
3
Form Revised 09-29-16
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2018-06
Update impervious surface regulations for subdivisions platted before 1994 and clarify
how impervious surface can be transferred between parcels.
A. AMENDMENT TYPE
Map Amendments
Future Land Use Map:
From:
To:
Zoning Map:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): Section 4.2.2 (F) Watershed Protection Applicability – Existing
Development
Section 4.2.8 (B) (2) Modifications of the Impervious Surface Ratio
Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director is
Attachment 1 4
Form Revised 09-29-16
proposing text amendments to the UDO clarifying existing regulations related to the
enforcement of impervious surface standards on subdivisions platted and developed
before January 1,1994, and the transfer of imperious surface area between parcels.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
‘cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners’.
Since approximately 1994, staff has required subdivision applicants to identify the
cumulative amount of allowable impervious surface area within a project. Area
encumbered by proposed road surfaces (public or private roads) is then subtracted
from this total allowable area, with the remaining allotment distributed amongst the
proposed individual parcels. This ensures no one individual lot is encumbered by the
impervious surface area necessary for proposed roadways.
Subdivisions approved and recorded before 1994 did not adhere to this methodology.
Impervious surface area within roads was not eliminated from the total, cumulative,
area for the project and is included within the calculation of allowable impervious
surface area for a parcel on which they are located. Residents have voiced concerns
this unduly restricts development opportunities on their property as they bear the
burden for a common neighborhood amenity (i.e. the impervious surface area in a
roadway located on their property).
Existing regulations also permit the transfer of impervious surface area between
adjacent parcels with the establishment of a conservation easement in accordance
with State law. Staff believes there is an opportunity to modify this allowance to
permit transfers of impervious surface area between parcels located within the same
Watershed Protection Overlay district.
The Director is proposing to amend the UDO to address these concerns by:
a. Classifying subdivisions platted and developed prior to January 1, 1994 as
existing development. Impervious surface area within said roadways will not
be calculated as part of the overall impervious area for the parcel, and
b. Modifying regulations to allow for impervious surface area to be transferred
between parcels located within the same Watershed Protection Overlay district
with the creation of a conservation easement.
These amendments will provide additional clarity and flexibility for local property
owners to address impervious surface issues.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and responsive.
5
Form Revised 09-29-16
4. New Statutes and Rules
Not applicable
C. PROCESS
a. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
May 15, 2018
b. Public Hearing
November 1, 2018
c. BOCC Updates/Checkpoints
June 6, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
(BOCC receives agenda materials)
September 5, 2018 – Planning Board Recommendation (BOCC receives agenda
materials)
d. Development Advisory Committee (DAC)
e. Legal Sufficiency Determination
f. Other
b. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
June 6, 2018 – Planning Board Ordinance Review Committee (ORC) meeting
September 5, 2018 – Planning Board Recommendation
b. Advisory Boards:
Not applicable
c. Local Government Review:
Copies shall be distributed to our local
planning partners (i.e. Carrboro,
Chapel Hill, and Hillsborough) for
June 21, 2018
Pending
Not Applicable
6
Form Revised 09-29-16
review on or about July 27, 2018.
d. Notice Requirements
Legal advertisement for the public hearing shall be in accordance with the
provisions of the UDO.
e. Outreach:
c. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Costs for the required legal advertisement will be paid
from FY2018-19 Departmental funds budgeted for this purpose. Existing Planning
staff included in the Departmental staffing budget will accomplish the work required
to process this amendment.
D. AMENDMENT IMPLICATIONS
The amendment will clarify subdivisions platted and recorded before 1994 are
considered existing development. Impervious surface area within private roadways shall
not be counted against the total allowable impervious surface area for individual parcels.
Further the amendment will allow for the transfer of impervious surface area for parcels
located within the same Watershed Protection Overlay District, eliminating the
requirement that they be adjacent to one another (i.e. sharing a common property line).
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Current Planning
(919) 245-2597
mharvey@orangecountync.gov
General Public:
Small Area Plan Workgroup:
Other:
7
Orange County, North Carolina – Unified Development Ordinance Page 4-1
ARTICLE 4: OVERLAY ZONING DISTRICTS
SECTION 4.1: GENERALLY
4.1.1 Description, Standards, and Conflicts
(A) Overlay districts are supplemental to general zoning district classifications and are
applied in combination to address special situations or to accomplish specific planning
and land use goals.
(B) Unless otherwise expressly stated, all applicable regulations of the underlying district
apply to property in an overlay district.
(C) Unless otherwise stated, all applicable standards of this Ordinance apply to property in
an overlay district.
(D) When overlay district standards conflict with standards that otherwise apply in the
underlying district, the regulations of the overlay district always govern.
SECTION 4.2: WATERSHED PROTECTION
4.2.1 Purpose and Intent
(A) The purpose of the Watershed Protection Overlay Districts is to prevent significant future
water quality deterioration in existing or potential future drinking water reservoirs which
receive stormwater runoff from land within Orange County.
(1) Protection of all water supplies within the State in accordance with minimum
standards was mandated by NCGS §143-214.5.
(2) The quality of water in drinking water reservoirs can be affected by human
activities including farming, construction of highways and roads, subdivision
development, industrial development, and other land-disturbing activities. Types
of water pollutants resulting from these activities include sediment, bacterial
contamination, heavy metals, synthetic organic compounds and low-level
radioactivity.
(B) The intent of the Watershed Protection Overlay Districts is to apply a set of regulations
involving land use and, in some cases, structural best management practices which
protect the watersheds by reducing the pollution from future development which enters
drinking water supplies.
(1) Land use management practices involve minimum lot size and impervious
surface restrictions, since impervious surfaces such as roads, roof tops and
driveways are a major source of pollution.
(2) Structural best management practices allow for more intensive land use by
providing for temporary detention of stormwater runoff so that pollutants may
settle.
4.2.2 Applicability
(A) The Watershed Protection Overlay Districts as established herein overlay other zoning
districts established in this Ordinance. The new use of any land or new structure within
any Watershed Protection Overlay District shall comply with the use regulations
applicable to the underlying zoning district as well as the requirements of the applicable
Watershed Protection Overlay District.
(B) A Watershed Protection Overlay District shall be applied to the Orange County portion of
watersheds which have been classified as WS-II, WS-III or WS-IV watersheds by the
North Carolina Environmental Management Commission in its implementation of NCGS
8
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-2
§143-214.5. In accordance with the State Mandate, 13 Watershed Protection District
Overlays, as listed in the table in subsection (D), are hereby established.
(C) Areas designated as “Critical Area” under the Orange County designation are hereby
established using the following criteria:
(1) The land area in the Upper Eno watershed (straight line distance) within one-half
mile of the normal pool elevation (NPE), or nearest available contour line used
for the calculation, of an existing Class I or Class II reservoir or proposed water
supply reservoir designated for protection, or the ridgeline of the sub-watershed,
whichever is less; and
(2) The land area within one-half mile on each side for an upstream distance of 2.5
miles (straight line distance) of any fifth order or higher stream flowing into a
Class I reservoir, or the ridgeline of the sub-watershed, whichever is less; and
(3) The land area within one-half mile on each side of a fourth order or higher stream
flowing between any Class II and Class I reservoir; and
(4) The land area within one-half mile on each side for an upstream distance of 1.5
miles (straight line distance) of a third or fourth order stream flowing directly into
any Class I reservoir; and
(5) The land area within one-half mile on each side for an upstream distance of 1.0
mile (straight line distance) of a third or fourth order stream flowing into a fourth
order or higher stream that is within 1.0 miles (straight line distance) of a Class I
reservoir; and
(6) Any isolated areas within the overall critical area boundary that drain into any of
the streams listed above.
(7) Areas designated as Transition Areas on the Land Use Element Map of the
Orange County Comprehensive Plan are excluded from designation as a Critical
Area, except for land areas located within one-half mile from the normal pool
elevation of a Class I reservoir.
(8) The land area north of the centerline of West Ten Road and west of the
centerline of the Interstate 85/U.S. 70 Connector is excluded from designation as
a Critical Area, except for land areas located within one-half mile from the normal
pool elevation of a Class I reservoir.
(D) The designation of “Protected” applies to areas of watersheds classified as WS-II, WSIII,
or WS-IV outside of areas designated as “Critical Area.”
(E) General Locations of Watershed Protection Overlay Districts
TABLE 4.2.2.E: WATERSHED PROTECTION OVERLAY DISTRICTS
DISTRICT GENERAL LOCATION
UNIV-CA University Lake Critical
Area
One-half mile from the normal pool elevation of University Lake, or to
the ridgeline of the watershed, whichever is less.
UNIV-PW
University Lake
Protected Watershed
Overlay District
The portion of the drainage basin of University Lake not covered by
UNIV-CA.
CANE-CA Cane Creek Critical Area
Overlay District
One-half mile from the normal pool elevation of Cane Creek Reservoir,
or to the ridgeline of the watershed, whichever is less.
CANE-PW
Cane Creek Protected
Watershed Overlay
District
The portion of the drainage basin of Cane Creek Reservoir not
covered by CANE-CA.
U-ENO-CA Upper Eno Critical Area
Overlay District
One-half mile from the normal pool elevation, or to the ridgeline of the
watershed, whichever is less, of the following Class I reservoirs:
Corporation Lake (538’ actual NPE, 540’ contour line used) and Lake
Ben Johnson (515’ NPE and contour line used). One-half mile (straight
line measurement) from the normal pool elevation, or to the ridgeline
of the watershed, whichever is less, of the following Class II
9
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-3
TABLE 4.2.2.E: WATERSHED PROTECTION OVERLAY DISTRICTS
DISTRICT GENERAL LOCATION
reservoirs: Lake Orange (615’ NPE and contour line used) and West
Fork on the Eno (643’ NPE, 640’ contour line used); and the land area
within one-half mile (straight line measurement) on each side of other
streams designated for protection. These protected streams include
portions of: Eno River, Seven Mile Creek, West Fork of the Eno River,
East Fork of the Eno River, Rocky Run, Stream ID 1625, Stream ID
1498, Dry Run Creek, Crabtree Creek, and Stream ID 2109. (Source
of elevation data: Atlantic Technologies Ltd., 1998 planimetric project
approved by Orange County GIS).
U-ENO-PW Upper Eno Protected
Watershed Overlay
The portion of the Upper Eno drainage basin not covered by U-ENO-
CA.
L-ENO-PW Lower Eno Protected
Watershed Overly
The Orange County portion of the Eno River Watershed within ten
miles of the City of Durham Emergency Water Intake east of US 501
(Roxboro Road).
LITTLE-PW
Little River Protected
Watershed Overlay
District
The portion of drainage basin of the Little River Reservoir which is
located in Orange County.
BACK-PW
Back Creek Protected
Watershed Overlay
District
The portion of the drainage basin of Back Creek which is located in
Orange County.
HYCO-PW
South Hyco Creek
Protected Watershed
Overlay District
The portion of the drainage basin of South Hyco Creek which is
located in Orange County.
FLAT-PW
Flat River Protected
Watershed Overlay
District
The portion of the drainage basin of the Flat River which is located in
Orange County.
HAW-PW
Haw River Protected
Watershed Overlay
District
The portion of the drainage basin for the Haw River which is located in
Orange County
JORDAN-PW
Jordan Lake Protected
Watershed Overlay
District
The Orange County portion of the Jordan Lake Watershed which
extends five miles from the normal pool elevation of the impoundment.
(F) Existing Development
The following residential or non-residential structures shall be considered existing
development for the purpose of determining compliance with or applicability of Sections
4.2 and 6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3):
(1) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to January 1, 1994;
or
(2) A subdivision, approved either by staff or the Board of County Commissioners
with all roadways developed and a final plat recorded within the Orange County
Registrar of Deeds office, prior to January 1, 1994; or
(2)(3) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to October 19, 1999
with respect to the October 19, 1999 amendments related to the CANE-CA and
CANE-PW districts, or
(3)(4) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to September 19,
2001 with respect to the Stream Buffer/Usable Lot amendments, or
10
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-4
(4)(5) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to May 20, 2003 with
respect to the Stream Classification Amendments, or
(5)(6) Had otherwise established a vested right under North Carolina Zoning law prior
to January 1, 1994, or October 19, 1999 with respect to the October 19, 1999
amendments related to the CANE-CA and CANE-PW districts, or September 19,
2001 with respect to the Stream Buffer/Usable Lot amendments, or May 20, 2003
with respect to the Stream Classification Amendments.
(G) Existing development is hereby deemed to be conforming with respect to requirements of
Sections 4.2, 6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3) of
this Ordinance. Periodic updates to FEMA maps may affect structures located within the
special flood hazard area of specific streams. For purposes of complying with impervious
surface limitations, roadways within subdivisions classified as existing development shall
not be counted as part of a parcels impervious surface area.
(H) Redevelopment
(1) The rebuilding or replacement of residential or nonresidential structures which
are defined as existing development according to subsection (F) above is
allowed, provided that the rebuilding or replacement does not result in an
increase in the amount of impervious surface, and does not encroach any farther
into stream buffers or setbacks from reservoirs than the previous development.
(2) A structure which is rebuilt or replaced in accordance with these provisions is
deemed conforming with respect to setbacks from streams and reservoirs
required by Section 6.13 of this Ordinance.
(I) Existing Lots
(1) An existing lot, for the purpose of determining compliance with Sections 4.2 and
6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3), is
defined as:
(a) A lot which was created prior to January 1, 1994, or
(b) A lot within the Cane Creek watershed which was created prior to
October 19, 1999, with respect to the October 19, 1999, amendments
related to the CANE-CA and CANE-PW districts, or
(c) Non-conforming lots of record.
(2) Stream buffers as required by Section 6.13, and setbacks for septic systems as
required by Section 4.2.9 may be reduced to the extent necessary to allow
development of the lot, provided that all of the following criteria are met:
(a) The septic system is sized to serve no more than four bedrooms; and
(b) The septic tank, drainfield and repair area (where required) can be
accommodated on 20,000 square feet of area or less; and
(c) The Orange County Planning Department, in consultation with Orange
County Environmental Health and/or the Orange County Staff Engineer
has determined that encroachment of the structure into the stream buffer
and/or encroachment of the septic system or repair area into the stream
buffer or reservoir setback is necessary in order to provide adequate
area for septic disposal and repair while maintaining required
separations between wells, septic systems, structures and property lines;
and
11
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-9
TABLE 4.2.6: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL)
L-ENO-PW
70% impervious surface, with structural BMPs required when impervious surface exceeds:
24% (w/ curb and gutter); or
36% (w/o curb and gutter). [1], [2]
HAW-PW
JORDAN-PW 24% impervious surface limit. [1], [2]
[1] Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.
[2] For non-residential developments a stormwater feature/best management practice (BMP) shall be required in accordance with
applicable local and State standards based on proposed land disturbance and/or a project exceeding impervious surface
thresholds as identified herein.
NOTE: Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of
impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential
parcels located in a particular watershed.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with detention ponds.
4.2.7 Placement of Streets, Driveways, and Buildings
(A) Streets, driveways, and buildings or other structures shall be located, to the extent
reasonably possible, so as to take full advantage of the absorptive capacity of the soils
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance with the standards
of this Section, the preliminary plan shall show proposed building envelopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(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, subject to the
following:
12
Article 4: Overlay Zoning Districts
Section 4.2: Watershed Protection
Orange County, North Carolina – Unified Development Ordinance Page 4-10
(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
located within the same watershed protection overlay district, as detailed within
this Section, 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
within the same watershed protection overlay district would satisfy the
impervious surface ratio requirements. (12% of 5,833 square feet is 700
square feet.)
(b) Under no circumstances may impervious surface area be increased by
more than 6% of the total allowable area on the subject parcel through
this process.
As an example, a person owning an 87,120 square foot lot subject to a
6% impervious surface ratio would be limited to 5,227 square feet of
impervious coverage. The property owner can negotiate the transfer of a
maximum of an additional 5,227 square feet of impervious surface
coverage with the establishment of a conservation easement as detailed
herein.
(b)(c) 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.
(d) 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.
(c)(e) In addition to the requirements of State law, the agreement shall specify
the timeframe for removal of excess impervious surface area from the
subject property in the event the easement is released or terminated.
(d)(f) 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.
(g) 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.
(e)(h) Transfer of impervious surface area through this process does not
exempt property owners from securing all other development permits as
detailed within this Ordinance including, but not limited to erosion control
and stormwater management.
(C) Through the installation of a stormwater feature, consistent with the minimum design
standards as detailed within the State BMP Manual.
13