HomeMy WebLinkAboutSW3190703_Deed Restriction_20191029High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility.
I, Bill Saint, President / CEO acknowledge, affirm and agree by my signature below, that I
will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot:
The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number S W3190703, as issued by the Division of Energy, Mineral and Land
Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Energy, Mineral and Land Resources.
6. The maximum built -upon area per lot, in square feet, is as listed below:
Lot #
BUA
Lot #
BUA
Lot #
BUA
Lot #
BUA
Lot #
BUA
1
6881
2
5428
3
5359
4
5535
5
11019
6
13046
7
8557
8
7177
9
6120
10
7018
11
7906
12
6218
13
5670
14
8975
15
7548
16
7781
17
6740
18
5851
19
5670
20
6016
21
6502
22
8103
23
5869
24
6854
25
5841
26
5827
27
5813
28
5825
29
7316
30
6884
31
6848
32
6098
33
6930
34
6930
35
6930
This allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface
waters.
**50 foot for projects located in the 20 coastal counties.
8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2
Signature:
State of
High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
County of
Date:
a Notary Public in the
do hereby certify that personally appeared
before me this the day of , 20 , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL
nature
My Commission expires
Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2