Common use of Limitation on Impervious Surfaces Clause in Contracts

Limitation on Impervious Surfaces. Impervious surfaces will not exceed [Insert approved impervious surface percentage] [Note: if greater than two percent (2%) a waiver by the Chief of NRCS or his or her authorized designee (Chief of NRCS) must have been granted in writing prior to submitting the Agricultural Land Easement to NRCS for review and approval.], of the [Insert Defined Term for Parcel], excluding NRCS-approved conservation practices developed under the Agricultural Land Easement Plan described in Section I Paragraph 1. Impervious surfaces are defined as material that does not allow water to percolate into the soil on the [Insert Defined Term for Parcel]; this includes, but is not limited to, residential buildings, agricultural buildings with or without flooring, paved areas, and any other surfaces that are covered by asphalt, concrete, or roofs. This limitation does not include public roads or other roads owned and controlled by parties with superior rights to those rights conveyed to Grantee by this Agricultural Land Easement. [Include the following if limited subdivision is permitted below: In the event the [Insert Defined Term for Parcel] is subdivided as provided for in Section I 3. (B) the total cumulative impervious surface of the subdivided parcels shall not exceed the impervious limitation referenced above. The Grantor, with Grantee approval, shall allocate the impervious surface limit among the subdivided parcels and ensure said impervious surface limitation is clearly defined in each subdivided parcel’s recorded instrument.]