SW7071016_COMPLIANCE_20090918

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
COMPLIANCE EVALUATION INSPECTION
DOC DATE��g
YYYYMMDD

1�
4
r ~V
NCDENR Wa-R0
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 18, 2009
Rick Scheper
3940 US Hwy 70E
New Bern NC 28560
Subject: NOTICE OF INSPECTION
Pinecrest Estates
Permit No. SW7071016
Craven County
Dear Mr. Scheper:
On September 10, 2009, Amy Adams of the Washington Regional Office of the Division of Water Quality (DWQ) inspected
Pinecrest Estates in Craven County to determine compliance with Stormwater Management Permit Number S W7071016 issued
on December 5, 2007. DWQ file review and site inspection revealed that the site is compliant with the terms and conditions of
this permit. There were however some areas of bare soils, and the ground cover in these areas needs to be established as well as
continued monitoring of the level spreader device. Please find a copy of the completed form entitled "Stormwater Inspection
Report" attached to this letter detailing the findings of the inspection.
If the project has changed name, ownership or mailing address, a formal change of name/ownership form must be submitted to
DWQ within 30 calendar days detailing the change. Please provide the name, mailing address and phone number of the person
or entity that is now responsible for this permit.
Please be advised that you are required to comply with the terms, conditions and limitations of your Stormwater Management
Permit under Title 15A North Carolina Administrative Code 2H .1003 and North Carolina General Statute 143-214.7, including
operation and maintenance of your permitted stormwater system. Please also be advised that violations of your Stormwater
Management Permit may be subject to the assessment of civil penalties of up to $25,000 per day per violation.
Thank you for your cooperation and conscientious effort to help safeguard the waters of the State. If you should have any
questions regarding these matters, please contact either J. Wayne Bryant or myself at [phone].
Sin,f.Frely,
UAmy Adam
Environmental Senior Specialist
Washington Regional Office
Enclosure: Stormwater Inspection Report
cc: John Hennessy-NPS-ACOU
,XaRO Files
DWQ Central Files
Thomas Engineering, New Bern
North Carolina Division of Water Quality Internet: w .ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50%Recycled110%Post Consumer Paper
NorthCarolina
Naturally

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State Stormwater Inspection Report
General
Project Name: Pinecrest Estates
Permit No: SW7071015
Expiration Date: 12/5/2017
Contact Person: Rick Scheper
Phone Number:
Inspection "type: Routine
Inspection Date: 09/10/2009
Time In: 01:OOPM
Time Out: 01:35PM
Current Weather: Cloudy, slight drizzle
Recent Rain (Date)9/7/09
Rain —_4 in
Location
Facility Address / Location: Powell St
City: New Bem Zip:28560 County: Craven Lat: I"N Long: - 0"W
Permit Information
Rule Subject to (circle
one): 1988 Coastal Rule 1
1995 Coastal Rule J
2008 Coastal Rule Session Law 2006-246
Goose Creek
High Quality Waters
Outstanding Resource Waters
Density (circle one):
High (IID)
Low (LD)
Stormwater Best Management Practices (BMPs) (insert
number of each):
1 Wet Ponds
Infiltration Basins _Infiltration
Trenches
LD Swales Stormwater Wetlands
Dry Ponds
Bioretention
Permeable Pavement
_Sand filters (circle one) Open Closed
_Cistern _Level
Spreader/Filter Strip
Other (specify):
File Review
Yes No N/A N/E
L Is the permit active?
X
2. Signed Engineer's Certification on file?
X
3. Signed Operation and Maintenance agreement on file?
X
4. Recorded Deed Restrictions on file?
X
Site Visit: Built Unon Area (BUAI
Yes No NIA N/E
5. BUA is constructed and consistent with the permit requirements?
X
6. BUA aspermitted) is graded such that the runoff drains to the system? (high density only)
X
7. Drainage area is consistent withpermit? i.e. no un ermitted drainage to the SW BMPs
X
8. Drainage area is stabilized? (to reduce risk of sedimentation to the SW BMPs)
X
Site Visit: Stormwater BMPs
Yes No N/A N/E
9. Stormwater BMPs are located er the a roved lans?
X
10. Stormwater BMPs have dimensions e . length, width, area matching the approvedplans?
X
11. Stormwater BMPs are constructed per the approvedplans?
X
Site Visit: Operation and Maintenance Yes No N/A N/E
12. Access points to the site are clear and well maintained?
X
13. Trash has been removed as needed?
X
14. Excessive landscape debris Crass clippings, leaves, etc) is controlled?
X
dX
15. Stormwater BMPs being operated and maintained as per the permit requirements?
X
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 —present only)
Site Visit: Other Water Quality Issues Yes No N/A N/E
18. Is the site compliant with other water quality issues as noted during the inspection? I X
state Stormwater Inspection Report, Version 3.0 Page 1 of 2

r
State Stormwater Inspection Report
I. Areas of bare soil were observed. It is noted that disturbance is new and efforts to establish grass have been made. Please
continue your efforts to establish a good groundcover on all bare areas.
2. On the date of inspection, the level spreader device, lack of good groundcover and heavy rains were contributing to
channelization occurring behind the level spreader. Please monitor this area and take corrective measures to re-establish diffuse
flow through the buffer.
3. Vegetated shelf has been planted and plants appear to be healthy.
4. Drawdown orifice working properly and trash rack is clean and in good working order
5. Side slopes are beginning to get good groundcover
6. Inlet device and forebay berm were not evaluated due to high water levels at time of inspection.
Compliance Status X Compliant ❑ Non -Compliant
Letter Sent (circle one): F
No Letter type: CEI NOV NOVRE Other
Date
Reference Number:
Inspector Name and Signature:0Date:
State Stormwater Inspection Report, Version 3.0 Page 2 of 2

,r
WET DETENTION O & M Inspection Checklist
1. Inlets are located per the approved plans:
2.
Inlet device (swale or pipe) is free of damage, clogs or erosion:
❑
❑
❑
3.
Forebay berm is in place and without erosion:
❑
❑
❑
4.
Forebay is free of excessive sediment:
®
❑
❑},
❑
pgp
SIDEiSLOPES'rAND BANKS y4 k ?Srt'i tii� 4,6;;01 t � M' q9 '04.3 32A-R110-7 Y i•
5.
Vegetated slopes are 3:1 or less:
®
❑
❑
❑
6.
Banks are stable and free of erosion or bare soil:
❑
®
❑
❑
7.
Slopes or berms are free of woody vegetation:
®
❑
❑
❑
8.
Free of muskrats or beaver activity:
®
❑
❑
❑
9.
Grass is being maintained and mowed (not scalped) as required:
®
❑
❑
❑
P„ERIMETEit"AND�MAIN
10.
Vegetated shelf is 6:1 or 10:1 as permitted and properly vegetated:
®
❑
❑
❑
11.
Algal growth covers less 50% of the area:
®
❑
❑
❑
12.
Cattails, phragmites or other invasive plants cover less than 50% of the basin surface:
®
❑
❑
❑
13.
Main treatment is free from excess sediment accumulation:
®
❑
❑
❑
µarea
14.
Swale or emergency outlet bypass is in the correct place and is in good condition:
®
❑
❑
❑
15.
Drawdown device is correctly sized free of damage or clogging:
®
❑
❑
❑
16.
Orifice size matches the approved plans
®
❑
❑
❑
17.
Outlet is free of erosion or other signs of damage:
❑
®
❑
❑
18.
Trash rack is installed
®
❑
❑
❑
19.
Vegetated filter is in place (if applicable)
❑
❑
®
❑
20.
Relative elevations match approved plans
®
❑
❑
❑
21.
Fountain pump (if permitted) is less than or equal to the maximum allowable size:
❑
❑
®
❑
*NE- Not Evaluated
V3.3_09

State Stormwater Inspection Report
General
Project Name: (gyp e
K•
Permit No: S%V ��'���� (0
Expiration Date:
Contact Person:
Phone Number:
Inspection Type:
Inspection Date:
Tinle In: ((]
Time Out:
Current Weather: t�pa�V
Recent Rain (Date)?
Rain— in
Location
Facility Address / Location:
City: Zip: County: Lat: 0 "N Long: - 0 1"W
Permit Information
Rule Subject to (circle one). 1988 Coastal Rule 1995 Coastal Rule 2008 Coastal Rule Session Law 2006-246
Goose Creek High Quality Waters Outstanding Resource Waters
Density (circle one) High (HD) Low (LD)
Stormwater Best Management Practices (BMPs) (insert number of each):
Wet fonds _Infiltration Basins Infiltration Trenches LID Stvales _Stormwater Wetlands
Dry Ponds Bioretention Permeable Pavement Sand filters (circle one) Open Closed
Cistern Level Spreader/Filter Strip Other (specif}):
File Review Yes No N/A N/E
l . Is the ' ermit active?
2. Signed Engineer's Certification on file?
3. Signed Operation and Maintenance agreement on file?
4. Recorded Deed Restrictions on file?
.1
Site Visit Ruilt Ilnnn Area fRllAI Yes No NIA N/F
5. BUA is constructed and consistent with the permit requirements?
6. BUA aspermitted) is graded such that the runoff drains to the system? (high density only)
7. Drainage area is consistent withpermit? (i.e. no un ermined drainage to the SW BMPs
8. Drainage area is stabilized? to reduce risk of sedimentation to the SW BMPs
Site Visit: Stormwater BMPs Yes No N/A N/E
9.
Stormwater BMPs are located pet the approvedplans?
10.
Stormwater BMPs have dimensions (e .
length, width, area) matching the approvedplans?
11.
Stormwater BMPs are constructed per the approvedplans?
Site Visit: Operation and Maintenance Yes No NIA N/F
12. Access points to the site are clear and well maintained?
13. Trash has been removed as needed?
14. Excessive landscape debris Crass clippings, leaves, etc is controlled?
15. Stormwater 13MPs being operated and maintained as per the 2ernnit requirements?
16. Inspection and Maintenance records are available for inspection? (high density only, 1995 — present onl
17. Is the site
with
Yes No N/A N/E
Yes No N/A N/E
18 is the site compliant with other water quality issues as noted during the inspection?
State Sttomwamrinspection Report, Vcision 3A� l� Page I of 2

State Stormwater Inspection Report
Inspection Pictures (some of the pictures taken during the site visit)
Compliance Status ❑ Compliant ❑ Non -Compliant
Letter Sent (circle one). Yes No Letter type: CEI NOV NOVRE Other
Date
Inspector Name and Signatu
Reference Number:
State Storrnwater Inspection Report, Versimi 3.0 Page of

THOMAS ENGINEERING, PA
CIVIL ENGINEERING•LAND DEVELOPMENTePROJECT MANAGEMENT
To: NCDENR
Division of Water Quality
943 Washington Square mall
Washington, NC 27889
Re: Pinecrest Estates
State Stormwater Permit No. SW7071016
New Bern, Craven County, NC
Dear Sirs,
February 4, 2009
REMETUED
FEB 0 6 Z009
Please find enclosed for your files the Engineer's Certification for the referenced project
along with a copy of the recorded "Declaration of Covenants, Conditions, Restrictions,
and Easements".
If you haX any questions or comments, please do not hesitate to call.
G. Thomas, PE
Enclosures
309 Meico[1fStreet.P.O. Box 1309.New Bern, NC 28563
Phone: [phone].Fax: [phone].[Yebsite: Thomas EngineeringPA.com

State Starmwater Management Systems
Permit No. SW7071016
Pinecrest Estates
High Density Starmwater Project
Designer's Certification
67 . as a duly.
LnStRXJ
nai Engineer in the State of North Carolina, having been authorized to observe
l time),,11 /f the project, P c es r�5 T'w�e S
/ I
for �� r- K S� l� Q (� c (Project Owner)
hereby state that to the best of my abiliti due care and diligence was used in the observation of the project
construction such that the constructio .90seoag, to be built within substantial compliance and intent of the
approved plans and specifications.
_D A
Signature
Registration
Date
Certificatio� gwrements:
1./ The drainage area to the system` contains approximately the permitted acreage.
v 2�. The drainage area to the system contains no more than the permitted amount of built -upon area.
=3. All the built -upon area associated with the project is graded such that the runoff drains to the
/ system.
4. All roof drains are located such that the runoff is directed into the system.
The outlet/bypass structure elevations are per the approved plan.
LS®
=6. /The outlet structure is located per the approved plans.
7. Trash rack is provided on the outlet/bypass structure. FEB 0 6 2oo9
8 All slopes are grassed with, permanent vegetation. IDWO—WARD
9./ Vegetated slopes are no steeper than 3:1.
_✓ 10The inlets are located per the approved plans and do not cause short-circuiting of the system.
_1�1/ 1. The permitted amounts of surface area and/or volume have been provided.
12) Required drawdown devices are correctly sized per the approved plans.
71� 13. All required design depths are provided.
14. All required parts of the system are provided, such as a vegetated shelf, and a forebay.
The required system dimensions are provided per the approved plans.
0

(Page 1 of 34)
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Craven, NC
Sherri a. Richard Register or needs
m2761 Po734
NORTH CAROLIN'A
CRAVEN COUNTY
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
made and entered into this 29'a day of September, 2008, by and between HINER
DEVELOPMENTS, LLC and S & A of NEW BERN, LLC, limited liability companies duly
organized and existing under and by virtue of the laws of the State of North Carolina with their
principal offices and places of business in New Bern, North Carolina (hereinafter collectively
"Declarant"); PINECREST ESTATES HOA, INC. (hereinafter "Association"); and all
'PROSPECTIVE PURCHASERS and OWNERS (hereinafter "Purchasers" or "Owners') of
Lots of land hereinafter enumerated and situate in Pinecrest Estates, Section One and Two,
according to the plan of record in the Office of the Register of Deeds of Craven County, North
Carolina in Plat Cabinet H, Slides 132 A. B, C and D, the same depicting a subdivision in
Number Eight Township, Craven County, North Carolina, is as follows:
WITNESSETH:
THAT WHEREAS, Declarant is the Owner of numbered Lots 101 through 160, inclusive
(hereinafter individually "Lot" or collectively "Lots"), and parcels labeled "Common Area" and
"Conservation Easement" in Pinecrest Estates Section One And Two, as all are shown and
designated on a plat entitled "Final Plat for Pinecrest Estates Section One and Two" (hereinafter
PREPARED BY
SUMRELI.. SUGG. C.ARMICHAEL. HICKS,f HART, P..
ATTORNEYS .AT LAW
416 POLLOCK STREET
NEW BERN.NORTII CAROLINA 28560 ®
FEB 0 6 21�0099
Book:2761,Page:734

(Page 2 of 36)
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ak2761 PA05*
"Subdivision"), of record in the Office of the Register of Deeds of Craven County in Plat
Cabinet H, Slides 132 A. B, C and D; and,
WHEREAS, DECLARANT hereby makes this Declaration of Covenants, Conditions and
Restrictions (hereinafter "Instrument") for the purpose of restricting the aforesaid numbered
Lots and Common Area in accordance with the conditions hereinafter set out so as to promote
the best interest of the PURCHASERS and to protect their investments, and to protect the best
interest of the DECLARANT and to protect its investments; and,
WHEREAS, DECLARANT hereby agrees with the PURCHASERS to convey said Lots
according to the plan hereinabove mentioned subject to this Instrument, and this Instrument shall
be binding and in full force and effect upon each and every Purchaser, whether or not this
Instrument is mentioned in the deed, so that these said Lots shall constitute a desirable
residential community.
The covenants and restrictions are as follows:
ARTICLE I
ARCHITECTURAL CONTROL
a. Prior Approval Required for all Improvements. No exterior construction,
alteration, improvement, repair, replacement or addition of any nature whatsoever (including but
not limited to a building, home, residence, outbuilding, driveway, vista dock, walkway, fence,
wall, garage, patio, carport, playhouse, swimming pool or other structure, staking, clearing,
excavation, ditching, grading, filling, change in color or type of any existing improvement,
planting or removal of landscaping materials. exterior lighting, placement or installation of
statuary, flags. fountains and similar items, improvements or modifications to the roof, material.
color, paint stain or varnish. or the interior porches. patios or similar portions of a structure
which are visible from outside the structure) shall be commenced, placed or maintained upon a
Book:2761,Page:734

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Lot or any portion thereof until complete and final plans and specifications setting forth the
information hereinafter described shall have been submitted to, and approved in writing by, the
Architectural Review Board (hereinafter the "ARB" as herein defined, and described) as to the
harmony of the exterior design and general quality with the existing standards of the Subdivision
and as to location in relation to surrounding structures and topography. The APB is authorized
to adopt procedures regarding applications for design approvals and the procedure it uses for
processing applications.
b. Promulgation of Development Standards. Declarant shall prepare initial
Development Standards, which may contain general and specific provisions applicable to any and
all construction, alteration, improvement, repair, replacement or addition of any nature
whatsoever upon any Lot, which may specifically prohibit or require the use of certain materials
for construction in the Subdivision and which may impose different standards, provisions or
restrictions as between Lots or groups of Lots based upon location, size, configuration or other
similar or related attributes. The Development Standards are intended to provide guidance to
Owners regarding matters of particular concern to the ARB considering applications. In addition
to addressing architectural features, the Development Standards may include guidelines for
landscaping and any other improvement of any Lot and may likewise contain guidelines for the
approval or consideration of any specific item delegated to the ARB under this Instrument. The
Development Standards are not the exclusive basis for decisions of the ARB and compliance
with the Development Standards does not guarantee approval of any application. In addition, the
Development Standards may contain certain types or categories of construction, alteration,
addition or repair work which may be exempt or excluded from approval by the ARB as herein
described.
3
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sK2761 PB737
Declarant shall have sole and full authority to amend the Development Standards for so
long as the Declarant owns any Lot or Lots or all or any of the Reserved Parcels. Thereafter, the
ARB shall have the authority to amend the Development Standards. Any amendments to the
Development Standards shall be prospective only and shall not apply to require modifications to
or removal of structures previously approved once the approved construction or modification has
commenced. There shall be no limitation on the scope of amendments to the Development
Standards, and such amendments may remove requirements previously imposed or otherwise
make the Development Standards less restrictive.
By way of illustration and not limitation, the Development Standards may regulate or
prohibit (in the case of certain types of materials or design features) the following specific items:
(i) The type of garage for any residence constructed upon any Lot and
whether detached garages or "drive under' garages are permitted or required;
(ii) The type of material for ground level exterior of all structures;
dwellings;
(iii) The type of material for all exteriors above the ground level of all
(iv) The type of material for all window casings and porch ceilings;
(v) The type of material for all rooves of all dwellings;
(vi) The type and style of all windows of all structures;
(vii) The type and style of all landscaping and the sequence of the installation
of landscaping relative to the initial completion and occupancy of any dwelling constructed on
any Lot;
e
(viii) The type and style of mailboxes utilized by all Owners of Lots;
or
(ix) whether sular panels shall be allowed upon any Lot or in the Subdivision;
4
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Page 5 of U
EK2761 PG738
(x) All items requiring approval by the ARB under this Instrument.
C. Declarant Exemption. Notwithstanding anything stated to the contrary herein,
nothing contained in this Article shall be construed as prohibiting any construction, alteration,
addition or removal by the Declarant upon any portion of the Subdivision or upon any Lot or
Lots while such is owned by the Declarant. Any construction, alteration, addition or removal
performed by the Declarant upon any portion of the Subdivision or upon any Lot or Lots while
such Property is owned by the Declarant shall be exempt from the provisions of this Article.
ARTICLE 11
ARCHITECTURAL REVIEW BOARD
a. Erclusive Jurisdiction and Plan Approval Process. The Architectural Review
Board (hereinafter "ARB") shall have exclusive jurisdiction over all construction, alterations,
improvements, repairs, replacements or additions on any portion of any Lots. Responsibility for
the review of all applications under this Article shall be vested in the ARB. All plans and
specifications for any construction, alteration, improvement, repair, replacement or addition
whatsoever to be erected on any Lot, including, but not by way of limitation, fences, type of
exterior material and exterior color and the proposed location and orientation in relation to
streets, the construction material, the roofs and exterior color schemes, any later changes or
additions after initial approval thereof and any remodeling, reconstruction, alterations, or
additions thereto on any Lot shall be subject to and shall require the approval in writing by the
ARB before any such work is commenced by the ARB. Such application shall also include the
name of the contractor, a statement as to the classification of contractors license held by such
contractor and the address and telephone number of the contractor. If the identity and license
intium ution for the contractor is not available when.the Owner makes application to the ARB.
5
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Ba2761 Pa739
the information shall be submitted to the ARB at least thirty (30) days prior to commencement of
construction.
b. Membership ofARB. The Subdivision shall have a separate ARB for each section
thereof; each such separate ARB shall have separate and exclusive jurisdiction over each such
section of the subdivision. As used in this Instrument all references to "ARB" shall be construed
and interpreted to mean the ARB for each respective section. Each ARB shall be composed of
two (2) members. For so long as Declarant owns any Lot or Lots. Declarant shall have the right
to appoint and remove for cause or without cause members of the ARB. The initial members of
the ARB for Section One are R. L. Scheper and Milton H. Askew, 111, and the initial members of
the ARB for Section Two are J. Randall }finer and Elaine C. }finer. Upon the resignation of all
of the initial members of the ARB, Pinecrest Estates HOA, Inc. (hereinafter "Association') shall
have the right to appoint and remove members of the ARB, for cause or without cause. So long
as any of the initial members of the ARB serve, upon the resignation of any of the initial
members, the remaining initial members shall have the right to appoint the successor. Members
of the ARB need not he Owners, Members of the Association or representatives of Owners or
Members, and may, but need not, include architects, landscape architects, engineers or similar
professionals, whose compensation, if any, shall be established from time to time by the
Association.
C. Fees and Content of Plans. The ARB may establish and charge reasonable fees
for review of applications hereunder and may require such fees to be paid in full prior to review
of any application. Such fees may include the reasonable costs incurred by the ARB in having
any application reviewed by architects, engineers or other professionals. Any fee as established
by the ARB shall be submitted to the ARB with two (2) complete sets of the final plans and
specifications for any and all proposed improvements, the erection or alteration of which is
6
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w2761 PD740
desired, and no dwellings or improvements of any kind shall be erected, altered, placed or
maintained upon any Lot unless and until the final plans, elevations, and specifications therefor
have received written approval as herein provided. Such plans shall include at a minimum plot
plans showing the location on the Lot of the building, wall, fence or other improvement proposed
to be constructed, altered, placed or maintained, together with the proposed construction
material, color schemes for roofs and exteriors thereof and proposed landscaping, and the ARB
reserves the right to require any and all additional or further information it deems necessary or
desirable to consider such plans. The ARB shall have the right from time to time to increase or
decrease the review fee herein required.
d. Review Schedule. All plans, specifications and details submitted to the ARB shall
be reviewed in a timely manner. One (1) set of said plans, specifications and details with the
approval or disapproval endorsed thereon shall be returned to the person submitting them and the
other copy thereof shall be retained by the ARB for its permanent files.
e. Rieht to Disapprove Plans. The ARB shall have the right to disapprove any
plans, specifications or details submitted to it in the event the same are not in accordance with
any of the provisions of this Instrument or the Development Guidelines, if the design or color
scheme of the proposed dwelling or other improvement is not in harmony with the general
surroundings of such Lot or the Subdivision or with the adjacent dwellings or improvements, if
the plans and specifications submitted are incomplete, or in the event the ARB deems the plans,
specifications or details, or any part thereof, to be contrary to the interests, welfare or rights of all
or anv part of the Subdivision, or the Owners thereof. The decisions of the ARB shall be final
and not subject to appeal or review. ARB approval of proposals, plans and specifications, or
drawings for any work done or proposed. or in connection with any other matter requiring
approval, shall not be deemed to constitute a waiver of the right to withhold approval as to any
7
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s,2761 Pa741
similar proposals. plans and specifications, drawings, or other matters subsequently or
additionally submitted for approval.
f. Limitation ofLiabilirv. The standards and procedures established pursuant to this
Article are intended to provide a mechanism for maintaining and enhancing the overall aesthetics
of the Property only and shall not impose on Declarant, the Association or the ARB any duty to
any Owner. Neither Declarant, the Association, nor the ARB shall bear any responsibility for
ensuring the structural integrity or soundness of approved construction or modifications, the
adequacy of soils or drainage, or for ensuring compliance with building codes and other
governmental requirements or regulations. IN ALL CASES THE OWNER IS RESPONSIBLE
FOR ENSURING COMPLIANCE WITH BUILDING CODES AND OTHER
GOVERNMENTAL REGULATIONS AND FOR ENSURING THE STRUCTURAL
INTEGRITY OR SOUNDNESS OF PROPOSED CONSTRUCTION OR MODIFICATIONS,
THE ADEQUACY OF SOILS OR DRAINAGE. Neither Declarant, the Association, the ARB,
nor any member of any of the foregoing, shall be held liable for any injury, damages, or loss
arising out of the manner or quality of approved construction on or modifications to any Lot.
g. Commencement of Construction After Plan Approval. If construction does not
commence on a project for which plans have been approved by the ARB within one year after the
date of approval thereof, such approval shall be deemed withdrawn and it shall be necessary for
the Owner to reapply for approval before commencing any activities. Once construction is
commenced, it shall be diligently pursued to completion. All work shall be completed within
one year of commencement unless otherwise specified in the notice of approval or unless the
ARB grants an extension in writing, which it shall not be obligated to do. If approved work is
not completed within the required time, it shall be considered nonconforming and shall be
subject to enforcement action by the Association. Without limiting- the generality of the
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foregoing, the Association may, in its sole discretion. either restore the Lot to the condition that
existed before construction began or may complete construction, either at the Owner's costs and
with lien rights created herein and under North Carolina law. .
h. Compliance Certificate. The APB shall, within a reasonable time after request by
an Owner, furnish to any Owner a certificate in writing signed by a member of the ARB, stating
whether any exterior addition to, change in, or alteration of any structure or landscaping owned
by such member on a Lot is in compliance with the provisions of this section, and such certificate
shall be conclusive as to whether the same is in such compliance.
i. Restoration Work Authori_ed for Violation. In the event that any construction or
alteration or landscaping work is undertaken or performed upon any portion of a Lot without
application having been first made and approval obtained as provided in paragraph (a) of this
section, said work shall be deemed to be in violation of this Instrument, and the Owner upon
whose Lot said work was undertaken or performed may be required to restore to its original
condition, at his sole expense, the Lot upon which said work was undertaken or performed.
Upon the failure or refusal of any Owner to perform the restoration required herein, the
Association, or its authorized agents or employees, may, after fourteen (14) days' notice to such
Owner, enter upon the Lot upon which such unauthorized work has been performed, and make
such restoration as the Association, in the exercise of its discretion, may deem necessary or
advisable. The Owner upon whose Lot such restoration work shall have been so performed shall
be personally liable to the Association for all direct and indirect costs which the Association shall
incur in the performance of such restoration work, including without limitation attorneys fees.
and the liability for such cost shall be secured by all the liens. and shall be subject to the same
means of collection. as the assessments provided for in this Instrument. Such costs shall be paid
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to the Association by the Owner at such time, and in such installments, as the Association shall
determine.
j. RiEht to Inspect. The ARB or its agents shall have the right to inspect all
construction to insure that such construction and resulting improvements are in accordance with
the approved plans, specifications and details. No structure or improvement shall be made unless
it conforms substantially to the approved plans, specifications and details.
k. Other Powers. In addition to the foregoing provisions of this Section, the ARB
shall have such other powers and duties conferred upon it by this Instrument.
ARTICLE III
EASEMENTS
a. Crealion and Reservation of Easements. Easements, if any, shall be as shown on
the recorded map of the Subdivision, and Declarant hereby reserves any such easements for
itself, its successors and assigns. All easements shown on the recorded map of the Subdivision
shall be deemed relocated upon a combination or recombination of Lots in accordance with
Article IV (u) below. Declarant furthermore reserves the right of access, ingress, regress, and
egress and the right to maintain and install utilities within all such easements and within all
streets depicted on the recorded plat of the Subdivision, for the benefit of any real Property
owned by Declarant, for the benefit of any real property reserved by and in favor of Declarant as
herein below described, or for the benefit of any other real property to which Declarant may grant
the rights to use such easements.
b. Reservation for Uldity Easement Declarant reserves the right to subject the real
property in this Subdivision to a contract with a service company deemed appropriate by
Declarant for the installation of underground electric cables and/or the installation of street
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lighting, either or both of which may require an initial payment and/or a continuing monthly
payment to said service company by the Owner of each Lot.
In addition to the foregoing, the Developer reserves the right to subject the real property
in the Subdivision to a contract with Progress Energy Carolinas for the installation of street
lighting which requires a continuing monthly payment to Progress Energy Carolinas by each
residential customer. Upon annexation, the monthly payment shall continue to be paid by RSL
(Residential Subdivision Lighting) customers to Progress Energy Carolinas until such time as the
governmental authority either accepts the existing street lighting system without change or
accepts the system with PEC (Progress Energy Carolinas) being compensated for any required
changes.
ARTICLE IV
RESTRICTIONS
In order to provide for the maximum enjoyment of the Lots and the Subdivision by all of
the residents thereof and to provide protection for the value of the same, the use of the Lots shall
be restricted to, and shall be only in accordance with. the following provisions:
a. Land Use and Building Tyne. No structure shall be erected, altered, placed, or
permitted to remain on any Lot other than for use as a single family residential dwelling. No
mobile, modular, and/or manufactured home shall be allowed within the Subdivision or upon any
Lot. No Lot or stnreture erected or constructed thereon my be used to house an individual or
individuals, that because of special needs, dependency or otherwise, require supervision based on
guidelines or directives enacted or adopted by any federal, state, county, or private business
organization.
It. Dwelling_.Sice. Any dwelling erected upon any Lot shall contain not less than SOD
square feet of total floor area, as determined by exterior dimensions, exclusive of open porches
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and garages. provided that the ARB may give credit toward the foregoing minimum square
footage requirement for the floor area of covered porches, in the ARB's discretion, and may
further waive such square footage requirement, in the ARB's discretion, up to 20% thereof.
C. Duelling Oualiry. All dwellings erected upon any Lot shall be constructed of
material of good grade, quality, and appearance, and all construction shall be performed in a
good workmanlike manner.
d. Set Back Liner. No dwelling shall be located on any Lot any nearer to the front,
side or rear Lot lines than as shown on the recorded plat. In addition, no dwelling shall be
located other than as shown on the recorded map of the Subdivision.
e. Prohibited Activities. No noxious, offensive, unsightly or unkept activity shall be
conducted on any Lot. Each Owner of any Lot, his family, tenants, guests and invitees, shall
refrain from any act or use of his Lot which could reasonably cause embarrassment, discomfort,
annoyance or nuisance to any other resident or residents of any other Lot. Storage or placement
of fixtures, appliances, machinery, bicycles, towels, equipment or other goods or chattels on any
Lot which is visible from outside of the Lot (including but not limited to stoops, driveways,
garages, decks, patio areas and docks) is prohibited except as specifically permitted in this
Instrument. Rules adopted by the Association may restrict or control storage or placement of -
furniture and potted plants in areas of a Lot that are visible from outside the Lot.
f Nuisances. No nuisance shall be permitted to exist upon any Lot. Without
limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells, or other
sound devices. except security devices used exclusively for security purposes and outdoor stereo _
speakers audible only within the Lot, shall be located. used or placed on any Lot, or any portion
thereof.
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g. Occupanev. No dwelling erected upon any Lot shall be occupied in any manner
while in the course of construction nor at any time prior to its being fully completed, nor may any
dwelling be occupied upon completion of construction until the Owner thereof obtains a
certificate or other written instrument from the ARB indicating that the dwelling, as constructed,
is in compliance with the plans, specifications and details therefor approved by the ARB in
accordance with Article 11 above. No temporary house, temporary dwelling, temporary garage,
temporary outbuilding, trailer home or other temporary structure shall be placed or erected upon
any Lot except for storage of materials and other use by the contractor erecting any such building,
and all such shall be immediately removed after the construction of the dwelling has been
completed.
It. Animals. No Owner may keep any pets other than a reasonable number of
generally recognized household pets, as determined by the Association, on any portion of any
Lot. In any event, no Owner or Occupant may keep, breed or maintain any pet for any
commercial purpose. Animals must be kept on a leash and/or under the physical control of a
responsible person at all times while outdoors. Any feces left upon the Common Areas by an
animal must be removed by the Owner of the animal or the person responsible for the animal.
No animal determined to be dangerous, in the Association's sole and absolute discretion,
may be brought onto or kept in any Lot or in the Subdivision at any time. The Association may
remove without notice any animal that presents an immediate danger to the health, safety or
property of any resident.
Each Owner who keeps an animal in any Lot or in the Subdivision agrees to indemnity
and hold the Association and its directors, officers and agents harmless from any loss, claim or
liability of any kind whatsoever arising by reason of such animal.
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i. Antennas: Aerials: Satellite Dishes. Exterior antennas, aerials, satellite dishes or
other reception devices shall be constructed, installed, placed or affixed only upon the rear
portion of a Lot and shall not be visible from any street.
j. Clotheslines. No exterior clothesline of any type shall be permitted on any portion
of any Lot.
k. Liehtfne. Exterior lighting visible from the street shall not be permitted except
for: (1) ARB approved lighting as originally installed on a Lot; (2) ARB approved decorative
post lighting; (3) ARB approved pathway lighting; (4) street lights in conformity with an
established street lighting program for the Subdivision; (5) seasonal decorative lights, which
shall be immediately removed at the conclusion of such season; or (6) front house illumination of
model homes.
I. Play Eauiomeni. Recreational and playground equipment may be placed on a Lot
only in the rear portion of any Lot and shall not be visible from any street.
M. ,Signs. No signs shall be allowed on any Lot, including, without limitation, "for
sale' or "for rent" signs, unless specifically authorized by operation of law, by this section or by
the ARB. The only permitted signs are as follows:
(i) one sign per Lot, no greater than sixteen square feet in size, specifying the
general contractor and architect actually constructing or designing a primary residential structure
on a Lot or advertising periodic, specific events related to the construction or design of a primary
residence on a Lot, such as the annual "Parade of Homes." Such sign most be constructed at a
size, and to the specifications and styles, from time to time established by the ARB. and must be
located in a place on the Lot specified by the ARB. Such sign must be removed upon issuance of
a certificate of occupancy for the residence being constructed on the Lot;
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(6) one sign per Lot identifying the Lot upon which such sign is placed only
by the name of the Owner and a street or Lot number. Such sign must be constructed at a size,
and to specifications and styles, from time to time established by the ARB, and must be located
in a place on the Lot specified by the ARB;
(iii) one neighborhood identification sign, not to exceed fifty (50) square feet
in size, for the primary entrance to the Subdivision that is erected by Declarant;
(iv) street or directional signs erected by Declatam, the Association, or a
governmental entity;
(v) any sign required by and erected by any governmental agency; and
(vi) identification and informational signs constructed by Declarant, the
purpose of which are to assist Declarant in identifying the community and the location of Lots,
sales offices, amenities, sale models or other uses within the Subdivision.
n. Accessory Buifdines and StoraYe ,Sheds. All ancillary buildings require ARB
approval. Separate living spaces are allowed above detached garages and as separate guest
houses dependant on the primary dwelling only upon approval by the ARB.
o. Swimmine Pools. No swimming pool shall be constructed, erected or maintained
without prior approval of the ARB.
q. ElM. Flags may be flown on any Lot, but only if the flag is in good repair, is no
larger than three (3) feet by five (5) feet, and is flown in the proper and customary manner for
flying such flag. The Association may adopt rules limiting flags, including but not limited to
rules prohibiting seasonal or holiday flags, flags related to sports teams, colleges or universities,
flags that advertise products or services or that advocate for some person or cause, or flags that
are found by the Association in its sole discretion to be obscene or offensive. All flag poles must
be affixed to a building on the Lot and must be no longer than six feet.
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r. Trash Containers and Collection. No garbage or trash shall be placed or kept on
any Lot or within the Subdivision except in covered containers of a type, size and style which are
approved by the ARB or as required by the applicable governing jurisdiction, and subject to rules
promulgated by the Association. Garbage containers must be stored only in a screened location
that is constructed of the same material as the siding of the principal building and that has been
approved by the ARB, or in a garage. Owners may place garbage containers at the curb or other
location specified by garbage collector for collection no more than twenty four (24) hours before
the time scheduled for collection and must return garbage containers to the screened area or
garage within twenty-four (24) hours of collection. No person shall bum, deposit or bury
rubbish, garbage or any other form of solid waste on any Lot or on Common Areas or within the
right of way of any street in the Subdivision.
S. Trees. No healthy living trees having a diameter of six (6) inches or more
measured from a point two (2) feet above the ground, and no flowering tree, shrub, evergreen, or
natural ground cover, shall be removed, unless such removal is approved by the ARB.
t. Vehicles and Parkin. The term 'vehicles' as used in this section shall include
without limitation automobiles, trucks, boats, trailers, motorcycles, campers, vans, and
recreational vehicles. No vehicle may be left upon any portion of any Lot except upon a
driveway, a designated parking space or within a garage. No person shall park or store outside
any commercial vehicles (including but not limited to any type of vehicle with advertising or
lettering), recreational vehicles, mobile homes, trailers, campers, boats or other watercraft, other
oversized vehicles. stored vehicles or unlicensed or inoperable vehicles within the Lot. with the
exception of emergency vehicle repairs or commercial vehicles which are temporarily parked for
the purpose of servicing a Lot or the Property.
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All Owner and occupant vehicles must be kept and stored when not in use within the
Lot's garage space, driveway or such other space as may be approved by the APB. Garage doors
must remain closed at all times except for entry and exit by vehicles and except for periods
related to homeowner maintenance activities.
The Association may promulgate rules regarding parking.
U. Nb Combination of Lots. Contiguous Lots may not be combined together without
prior written consent of the ARB, and the ARB may so consent to combination of contiguous
Lots only if the total number of Lots in the Subdivision is not increased and the resultant Lots are
equal to or exceed the standards of Craven County, the plat for the Subdivision and any other
statutes, rules or regulations of any governmental authority having jurisdication thereof. In the
event that the ARB does approve such a combination, such combination shall thereafter be
deemed to be a single Lot for all purposes of this Declaration, except that notwithstanding the
foregoing, the amount of assessments for which such single Lot shall be thereafter liable shall be
equal to the total assessments for which all of the Lots which were so combined would have been
liable had such combination not taken place. Upon such combination, all setbacks and easements
shall be deemed relocated to the exterior boundaries of the resultant Lot as combined.
V. Window Air -Conditioners. No air -conditioner shall be installed in any window of
any building located on any Lot, nor shall any air -conditioner be installed on any building located
on any Lot so that the same protrudes through any exterior wall of such building.
W. Window Treatments. No bed sheets, towels, newspaper, tin foil, or similar
materials may be used as window treatments.
X. Decorative Structures. No decorative items, including, but not limited to.
planters. statues. birdbaths, lawn ornaments. artificial vegetation, figurines and fountains, may be
installed in a location visible from outside a Lot without approval from the ARB.
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Y. All Terrain Vehicles. Motorcycles and Watercraft. Vehicles may be operated only
on the streets, driveways and parking areas located in the Subdivision and must be operated in
accordance with applicable laws, including, but not limited to laws regarding speed limits,
registration and licensum. Except for landscape maintenance equipment operated in the
customary manner for the purpose of landscape maintenance, no person may operate all terrain
vehicles, motorcycles or other motorized vehicles on common areas or on other unpaved portions
of the Subdivision. Watercraft may not be operated on or in the manmade lake to be constructed
by Declarant in the Subdivision.
aa. Water Bodies. Only the Declarant and the Association shall have the right to
pump or otherwise remove any water from any water body adjacent to or new to the Subdivision
or any Lot for the purpose of irrigation or other use. The Declarant and the Association shall
have the sole and absolute right (but no obligation) to control the water level of such water
bodies and to control the growth and eradication of plants, fowl, reptiles, animals, fish and fungi
in or on any such water bodies. The Association shall have the right to adopt reasonable rules
and regulations from time to time in connection with use of the surface waters of any water body
in, adjacent to, or nearby the Subdivision.
bb. No ,Subdivision of Lors. No Lot may be further subdivided into any smaller Lot,
and no more than one residence may he constructed on any Lot.
CC. Fuel Storaye Tanks. All fuel storage tanks, including but not limited to liquid
petroleum gas tanks, must be buried, screened or concealed so that they are not visible from any
street or adjacent Lot. Installation of a fuel storage tank must be approved by the ARB in the
manner set forth above.
del. Fences. No fences are allowed unless the fence. including its location, style,
materials and height. is approved by the ARB. As used herein, fences shall include walls,
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barricades. shrubbery or other impediments to reasonable mobility and visibility, and specifically
include fences around swimming pools. Absent a showing of need by the Owner, and a finding
by the ARB of lack of adverse impact on any adjoining Lot or Property, no fences shall be
allowed along any back area adjacent to a water body. The ARB shall only approve the
construction of a fence upon a determination that the fence is aesthetically pleasing, does not
distract from the reasonable value of any Lot or other property, does not unreasonably impede the
view of any water course or other attractive feature from any other Lot or Common Area, and is
in compliance with fence guidelines. Chain link or wire fences on residential Lots are not
allowed.
cc, Utility Connections. The utility connections for each Lot must be run
underground from the proper connection point to the Lot. No overhead or above ground utilities
are allowed.
ff. Access to Transformers and Fire Hydrants. No Owner may plant or install any
vegetation or structure that might reasonably interfere with the use of any fire hydrant or electric
transformer.
gg. Driveways. All driveways must be approved by the ARB and meet all
Development Standards and shall in any event be paved.
hh. .Sodding Upon Initial Construction. Upon the construction of any residence or
other structure upon any Lot, the front lawn and/or yard of such Lot shall be sodded prior to the
initial occupancy of such residence or structure.
ii. Wailboxe.s. All mailboxes must be approved by the ARB and meet all
Development Standards so that all mailboxes constructed or installed in the Subdivision have
identical and uniform appearance throughout the Subdivision.
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ARTICLE V
INTERPRETATION
In all cases, this Instrument shall be construed and interpreted in a manner which, in the
opinion of the Declarant, the Association or the ARB, as the case may be, will best effect the
intent of the general plan of development and maintenance herein set forth. Subject to the terms
of this Article and only after the Declarant no longer owns any Lot or all or any portion of the
Reserved Parcels, the Association may modify, cancel, limit, create exceptions to, or expand the
restrictions contained herein and may create, modify and enforce reasonable rules governing the
use of the Subdivision consistent with the law and with other provisions in this Instrument. The
Association shall send notice to all Owners concerning any proposed action on restrictions or
rules at least ten business days prior to the Association meeting at which such action is to be
considered. For this purpose, notice may be sent to each Owner by U.S. mail, electronic
telecommunication with confirmation of receipt, or publication in any community newsletter
delivered or mailed to each Owner provided that such notice is clearly identified under a separate
headline in the newsletter. Members shall have a reasonable opportunity to be heard at an
Association meeting prior to such action being taken.
Moreover, the term "Declarant" as used herein to refer collectively to S & A of New
Bern, LLC and Hiner Developments, LLC shall refer to either S & A of New Bern, LLC or Hiner
Developments, LLC when the context so requires.
ARTICLE VI
NO WAIVER OF FUTURE VIOLATIONS
Failure to enforce any provision of this Instrument or any rules or other documents
adopted pursuant hereto will not be deemed to constitute a waiver of the right to enforce the same
or similar restrictions, covenants or conditions in the future.
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ARTICLE Vll
PINECREST ESTATES HOA, INC.
Every person, partnership, firm, or corporation, upon acquiring fee simple title to any Lot
in the Subdivision shall become a member of Pinecrest Estates HOA, Inc.,' (hereinafter
"Association"), a North Carolina non-profit corporation, and as long as such person,
partnership, firm or corporation is the Owner of any such Lot, such Owner must remain a
member of the Association and abide by the bylaws, rules and regulations thereof. Provided.
however, that there shall be only one (1) regular membership per Lot regardless of the manner or
number of names in which title to same may be held, provided further that for each Lot owned by
Declarant, Declarant shall have two (2) regular memberships. Such membership is not intended
to apply to those persons who hold an interest in any Lot merely as security for the performance
of an obligation to pay money, e.g., mortgages and deeds of trust. In addition to the powers and
authority conferred upon the Association by this Instrument, by the Association's Bylaws and
Articles of Incorporation and by law, the Association shall have the following enumerated
powers and authorities:
a. The Association may charge any user or member tees for the use of any amenities
owned or operated by it, including charges for individual services or goods provided members
through such facilities, provided no such charges or assessments shall be applicable to any Lot(s)
owned by Declarant.
b. The Association may charge and levy assessments, dues or other fees to defray
general administrative and other expenses incurred by the Association in performing its duties or
incurred in exercising its powers and authorities, and such assessments. dues or other fees may be
in the nature of periodic, recurring charges (i.e., annual, quarterly or monthly assessments or
dues) or in the nature of special non -recurring charges (i.e., `special" assessments or dues levied
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for a specific, non -recurring event) provided no such charges or assessments shall be applicable
to any Lot(s) owned by Declarant. In levying dues or assessments, the Association may allocate
assessments, dues and others expenses equally among all Lots in the Subdivision to the extent
any particular component thereof represents an expense that benefits all Lots in the Subdivision.
The Association may allocate assessments, dues and others expenses unequally among Lots in
the Subdivision to the extent any particular component thereof represents an expense that
benefits fewer than all Lots in the Subdivision or which benefits specific Lots exclusively.
ARTICLE VIII
DESIGNATION OF EXCLUSIVE BUILDERS
For so long as Declarant owns any Lot or Lots, Declarant is specifically authorized to
designate and define a limited number of licensed North Carolina construction contractors authorized
to construct dwellings and other improvements upon Lou or within the Subdivision, and to determine
and impose the criteria for licensed construction contractors to qualify Cor such designation.
Declarant may further limit the number of such qualified construction contractors. The purpose of
this authorization is to enhance the likelihood that a good quality of construction will be maintained
in a clean and sightly condition. A construction contractor designated as approved for residential
construction within the Subdivision shall have its privileges to construct revoked upon a fording by
Declarant that said construction contractor is not building an acceptable quality structure, is not
successful in maintaining good customer relations, is failing to maintain its construction sites in a
clean and sightly condition, is not pursuing construction diligently and completing construction
promptly, or is violating any condition contained herein. Declarant shall maintain at all times a list of
approved construction contractors, which shall be trade available upon request to any Owner or
prospective Owner, and each Owner by accepting title to a Lot agrees to utilize only an approved
construction contractor. The right of designation reserved herein to Declarant may be transterable by
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the Declarant to the Association or the ARB at such time and upon such conditions deemed advisable
to Declarant, in its discretion, and in any event at such time as the Declarant no longer owns any Lot
or any or all of the Reserved Parcels, the ARB shall have the right to designate approved builders
herein upon the same terms and conditions as those initially reserved by Declarant in its favor. In
acting hereunder, Declarant and/or the ARB shall at all times act in good faith and shall be presumed
to have acted in good faith in any action hereunder. NO PRIMARY STRUCTURE MAY BE
CONSTRUCTED BY THE OWNER OF A LOT UNLESS SAID OWNER HAS BEEN
DESIGNATED AS AN APPROVED BUILDER IN ACCORDANCE WITH THIS SECTION.
ARTICLE IX
RESERVATIONS IN FAVOR OF DECLARANT
Declarant reserves, for itself, its successors and assigns, the right to make or construct any
improvement or other feature shown upon any preliminary or final plat or survey of the
Subdivision or any portion thereof, and to those ends Declarant hereby reserves, for itself, its
successors and assigns, an easement across the Subdivision, all Common Areas and all Lots for
the purpose of making or constructing any improvement or other feature shown upon any
preliminary or final plat or survey of the Subdivision or any portion thereof.
ARTICLE X
TIME
This Instrument shall run with the land and shall be binding on all persons acquiring title
to any of the aforementioned Lots, and shall be binding on said parties and/or persons claiming
under them up to and including twenty (20) years from the date of recordation hereof, at which
lime this Instrument shall be automatically extended for successive periods of ten years, unless
by written instrument executed by a majority of the then Owners of said Lots, duly recorded in
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the Office of the Register of Deeds of Craven County, it is agreed to change this Instrument in
whole or in part.
ARTICLE XI
ENFORCEMENT
In addition to other rights or remedies provided in this Instrument. in the Association's
bylaws or articles of incorporation or by law, enforcement of violations of this Instrument shall
be by proceedings at law or in equity against any person or persons violating or attempting to
violate any covenants either to restrain violation or to recover damages. In addition, the ARB or
the Association, as the case may be, may impose tines against any Owner of any Lot violating
anv provision of this Instrument, the bylaws or articles of incorporation of the Association or any
rules or regulations promulgated by the Association or the ARB or may suspend the privileges of
any such Lot Owner from utilizing any of the Common Areas of the Subdivision until the
violation or delinquency is cured. The Lot Owner against whom aline or suspension is
contemplated shall be given written notice of the violation, an opportunity to be heard and to
present evidence, and written notice of any final decision. If the Association or ARB, as the case
may, imposes a fine, the amount thereof shall not exceed one hundred dollars ($100.00) per day
for the duration of the existence of the violation, provided that upon the imposition of any fine
hereunder the Lot Owner shall have five (5) calendar days from the date of the imposition of the
fine to remedy or cure the violation. All fines imposed hereunder shall be collected in the same
manner as unpaid dues or unpaid assessments set by the Association, and until paid shall be a
lien againt the Lot so fined. If the Association or ARB. as the case may, imposes a suspension of
the privileges of any such Lot Owner from utilizing any of the Common Areas of the
Subdivision, the suspension shall be in effect until the violation or delinquency is cured. In the
case of decisions hereunder by the ARB, any tined or suspended Lot Owner may, appeal such
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®I. 01soIATYPO:�tP
Page 25 01 31
SK2761 P0758
decision within fifteen (15) days to the Board of Directors of the Association. The Board of
Directors of the Association may affirm, vacate, or modify the prior decision of the APB.
ARTICLE XII
SEVERABILITY
Invalidation of any one of these covenants by judgment or Court Order shall in no way
affect any of the other restrictions which shall remain in full force and effect.
ARTICLE XIII
COMPLIANCE WITH GOVERNMENTAL REGULATIONS
a. CAMA Permit Compliance. Development of Pinecrest Estates HOA, Inc. is
governed in part by the provisions of the North Carolina Coastal Management Act (the "Act').
In accordance with the Act, a major development permit (hereinafter the "Permit") has been
issued authorizing the development of the Subdivision. Nothing contained herein shall prohibit
or restrict in any way Declamnt's right or ability, subject to approval by the State of North
Carolina, to amend, modify or extend the Permit. No such amendment, modification or
extension shall, however, authorize any development or activity specifically prohibited by the
Provisions of this Instrument. The Declarant, the Association, and all Owners and invitees of any
of the foregoing shall comply with all provisions of the Permit. .
b. Stormwaier Permits. In addition to other permits issued, the State of North
Carolina will from time to time issue stornwater management permits to or on behalf of
Declarant. The stornwater permits, which are issued and enforced by the North Carolina
Department of Environmental Health and Natural Resources ("DEHNR"), will impose
requirements on Lots, including a limitation on the impervious surface allowed on each Lot, and
such limitations will be furnished by Declarant upon request from any Owner. Storm water
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IOI 11191i9191 11IIIHN11011111
Ima0e 10: 00000160a171 TYPO: GW
eK2761 Pa759aa or 34
Management requirements currently in place for the Subdivision are attached hereto and
incorporated herein by reference as Exhibit A. and said requirements shall be binding on the
Owners of all Lots mentioned therein. All Lot Owners and all Persons owning land made subject
to any storm water management permits shall fully comply with all of the terns, provisions and
conditions of any such issued permits. Without limiting the generality of the foregoing, the
allowable built -upon area shall not exceed the square footage listed in the stormwater permits,
inclusive of that portion of the right-of-way between the front lot line and the edge of the
pavement, structures, pavement, walkways of brick, stone, slate, not including wood decking.
The definition of impervious surfaces for purposes of interpretation of stormwater permits is
determined from time to time by DEHNR, but generally includes the use of any surface area that
has a substantial impact on the ability of such surface to percolate rainwater, and includes areas
under roof, driveways, walkways and other hardened surfaces, including designated parking
areas, but does not generally include wood decking. Impervious surfaces also generally include
that portion of a driveway or entranceway leading from a public street to a Lot, including that
portion thereof on the adjacent public right-of-way.
Stormwater regulations prohibit filling in or piping of any vegetated conveyances
(ditches, swells, etc.) associated with development of the Subdivision, with the exception of
average driveway crossings, unless otherwise specifically authorized by such permit. Therefore,
no Owner shall fill or pipe any vegetated conveyance, unless expressly authorized by any permit
issued by the State of North Carolina. and approved by the APB.
The foregoing restrictions related to stormwater management may not be changed or
deleted from this Instrument without the approval of the State of North Carolina.
C. General Perrnitc. In order to develop the Subdivision, Declarant or its assigns
may procure, or has procured permits from the City of New Bern, Craven County, the State of
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IFJIY6I IIWI II I IIlq 15I I I00I I I
Image I0: 00000160a672 Type: Cep
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SK2761 Pa760
North Carolina, the United States, or all or some of the foregoing. Declarant, the Association
and all Owners, as well as any and all other persons benefited by said permits, shall, at all times,
use due diligence and goad faith to comply with all conditions imposed by such permits. Should
at any time any of such parties be determined to be in non-compliance with any permit. said
person shall immediately use good faith and due diligence to take action to come into compliance
with the conditions imposed by said permit. From time to time, as Declarant completes
development of the Subdivision, Declarant may request of the permitting agency that issued
permits to it, or on its behalf, that such permits be transferred and assigned to the Association.
The Association shall, to the extent allowed by law, acceptthe transfer and assignment of said
permits, agree to be bound by all of the provisions and conditions contained therein, and shall
execute any documents of assignment or acceptance required by the permitting agency.
d. En(nrcement. The State of North Carolina is hereby given specific authority to
enforce this Instrument, and all conditions imposed by any permit issued by it, to the extent
necessary to cause compliance with the impervious surface limitations or other conditions
imposed by the State of North Carolina as set out in any stormwater permit issued by the State of
North Carolina. The remedies available to the State of North Carolina include, without
limitation, the remedy of specific performance. None of the impervious surface limitations
imposed by permit may be altered without the prior approval of the State of North Carolina.
C. Limitations on Further Permitting. In order to procure permits for the
development of the Subdivision, agencies may impose limitations on the further issuance of
permits to Owners. By accepting ownership of a Lot, or other land within the Subdivision made
subject to this Instrument, said Owner agrem to the extent required by any agency, to forego the
opportunity to be issued individual permits for utilization of water bodies, wetlands or stream
buffer zones.
27
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11IN11111113 1011I 111■1
1ee0e ID: 000001508373 TvPe: CAP
/] Q
Page 28 of 34
BK2761 PD/%61
f. Bindine E ecr. All permits issued shall be binding upon the heirs; successors and
assigns of the Owner of the land burdened thereby regardless of whether any permits have been
formally assigned or transferred to such Owner.
g. Environmental Reeularions, In addition to the restrictions contained in this
Instrument, the Association, each Owner, any tenant or guest must comply with all laws,
ordinances, rules and regulations related to the Property. Without limiting the generality of the
foregoing, compliance with the following, among other laws, is required.
(i) The State of North Carolina has adopted riparian buffer protection rules
for the Neuse River Basin. These rules aid in the removal of nitrogen, phosphorus, and other
pollutants from rainwater that flows into the basins' waterways, protecting the waterways from
surrounding land use. Generally these rules require a landowner to leave a fifty -foot vegetated
waterside buffer limiting and restricting the removal or thinning of vegetation in areas adjacent to
water courses within the Property. Every Owner should investigate fully and shall comply at all
times with all laws and rules of the State of North Carolina, and shall perform no clearing or
thinning activities within 50 feet of the edge of coastal vegetation (as defined in the applicable
regulations) except to the extent such clearing or thinning activities are allowed by the State of
North Carolina and the ARB. Furthermore, there shall be no structure constructed within said
restricted area, including within the water course, without issuance of a permit by the State of
North Carolina, if required, and without approval by the APB.
(ii) The United States Clean Water Act gives the United States Army Corps of
Engineers jurisdiction over wetlands within the Subdivision. All land -disturbing activity and
construction must comply with the Clean Water Act and the rules promulgated in connection
with the act. Without limiting the generality of the foregoing, before any land -disturbing activity
begins, wetlands in the area must be delineated and permits must be obtained from the Army
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Imape I0: ea000150997/ 9YF1: 4cm
eK2761 po/ V22p or 9
Corps of Engineers, other agencies with jurisdiction and approval from the ARB must be
obtained. Activities which require approval and permits are defined in the Clean Water Act and
the regulations, those activities may include, but may not be limited to grading, dredging,
excavation, fill, ditching, diversion, damming or other activity which alters or destroys water
bodies or wetlands. The ARB will authorize such action only on a showing of a compelling need
for the landowner to take such action and conditioned on the landowner's acquisition of all
permits. Declarant reserves the right to subject any property in the Subdivision owned by it to
such further and other covenants, conditions or restrictions which may be required by the Army
Corps of Engineers to protect or conserve wetlands located within the Subdivision.
The foregoing list of laws is not exhaustive. Numerous regulations apply to the
Subdivision. Neither the Association, the Declarant nor the ARB has or will undertake to advise
Owners about such laws and regulations. EVERY OWNER IS PERSONALLY RESPONSIBLE
FOR IDENTIFYING ALL LAWS AND REGULATIONS THAT RELATE TO THE
ACTIVITIES OF THE OWNER AND TENANTS AND GUESTS OF THE OWNER ON
EVERY LOT OWNED BY THE OWNER.
ARTICLE XIV
AMENDMENTS TO COVENANTS
a. By Declarant. In addition to specific amendment rights granted elsewhere in this
Instrument, for so long as the Declarant owns any Lot or all or any portion of the Reserved
Parcels, Declarant may unilaterally amend this Instrument for any purpose. Thereafter, Declarant
may unilaterally amend this Instrument if such amendment is necessary (a) to bring any provision
into compliance with any applicable governmental statute, rule, regulation, permit. or judicial
determination: (b) to enable any reputable title insurance company to issue title insurance
coverage on the Lots (c) to enable any institutional or governmental lender, purchaser, insurer, or
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tla11111111111111
t WIl
Mege to: 00000150aar5 TVPe: 0
Page 30 or 35
sK2761-763
guarantor of mortgage loans, including, for example, the Federal National Mortgage Association
or Federal Home Loan Mortgage Corporation, to make, purchase, insure, or guarantee mortgage
loans on the Lots; (d) to correct any scriveners errors, to clarify the intent of any provision, or to
resolve any actual or apparent inconsistencies between provisions; or (e) to satisfy the
requirements of any local, state, or federal governmental agency. However, any such amendment
shall not adversely affect the title to any Lot unless the Owner thereof shall consent in writing.
b. By ,Members. Except as otherwise specifically provided above and elsewhere in
this Instrument, this Instrument may he amended only by the affirmative vote or written consent,
or any combination thereof, of 67% of Owners of Lots in the Subdivision, and Declarant's
consent, so long as Declarant owns any Lot or any portion or all of the Reserved Parcels.
ARTICLE XV
VARIANCES
The APB in its discretion may allow reasonable variances and adjustments of this
Instrument in order to alleviate the practical difficulties and hardship in their enforcement and
operation. Any such variances shall not violate the spirit and intent of this Instrument to create a
subdivision of lots owned in fee by various persons with each such Owner having an easement
upon areas owned by the Association, if any. No variance or adjustment will be permitted if such
would be materially detrimental or injurious to the welfare of the other Property and
improvements in the subdivision. To be effective, a variance or adjustment hereunder shall be
written, executed by or on behalf of the ARB, shall be recorded in the Office of the Register of
Deeds of Craven County. and shall refer specifically to the authority granted under this Section
15.
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Page 31 o1 34
sK2761 Pa764
ARTICLE X VI
ANNEXATION OF ADDITIONAL PROPERTY
The Declarant may, at any time, and from time to time, subject all or part of any real
property adjacent or in close proximity to the Subdivision to the terms, covenants and restrictions
of this Instrument by executing and recording with the Register of Deeds of Craven County an
amendment to this Instrument describing the property being annexed.
From and after such recording, the annexed property shall be held, transferred, sold
conveyed, used, leased, occupied, mortgaged or otherwise encumbered subject to all of the terms,
covenants and restrictions of this Instrument and the Association's Articles of Incorporation and
Bylaws, including, without limitation, all lien and assessment provisions set forth therein, and all
of the terms, provisions, liens, charges, easements, covenants and restrictions set forth therein
shall be a permanent charge on. and shall run with, such annexed property.
In addition to the controls, covenants, conditions, restrictions, easements, development
guidelines, charges and liens set forth in this Instrument. Declarant shall further have the right at
1
its election, without the consent of the Association, the ARB or any Owner or Owners, to subject
any such annexed property to additional or different controls, covenants, conditions, restrictions,
easements, development guidelines, charges and liens as may be set forth in any amendment
recorded hereunder for the purpose of adding real property to the Subdivision. The Association
shall have the right and authority to enforce all controls, covenants, conditions, restrictions,
easements, and developments contained in such amendment. Any such amendment may
supplement, may create exceptions to, may create new rights or obligations as between the
Owners in any annexed property as to other Owners or the Association or may otherwise modify
the terms of this Instrument as it applies to the annexed property in order to reflect the dit3crent
character and intended use of such additional property.
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IKOIY 11111 1�1Y�001G41111WI11W1W
IMP* ID: 000001603877 TyPe: OAP
Page 32 of 34
aK2761 Pa765
No approval from the Association, the ARB, any Owner or from anyone else
whomsoever, shall be required for the Declarant to subject additional property to this Instrument.
IN TESTIMONY WHEREOF, Hiner Developments, LLC and S & A of New Bent.
LLC , have executed this document in such form as to be binding and to subject their respective
Lots to the provisions of this Instrument, all this the day and year first above written.
HINER OfVELOPENTS, LLC
By. < ..
andall Hine, Nanager
S LLC
By:
//�L. S ;R. chepeI, Mager
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(Page 33 of 36)
REWJO\J E
FEB 0 6 2009
,����O-ft RO
NORTH CAROLINA
CRAVEN COUNTY
10Y) it 111Wnmiollo9N0mill
ImARO ID: 00000160997a Type: CRP
W2761 PD76g99 p, 9.
1, _ A,%6� A- Pomftn a Notary Public of the aforesaid County and
State do hereby certify that J. Randall Hiner, Manager of Hiner Developments, LLC, a limited
liability company, personally appeared before me this day and acknowledged the due execution
of the foregoing instrument on behalf of the company.
WITNESS my hand and notarial seal this 29th day of September, 2008,
.E�..`0
`�Vl: emrrsca
o N ARY PUBLIC
My Commission xor*DTA9`.�
NORTH CAROLINA
CRAVEN COUNTY
1, JP"" A &.Mm a , a Notary Public of the aforesaid County and
State do hereby certify that R. L. Scheper, Manager of S & A of New Bern, LLC, a limited
liability company, personally appeared before me this day and acknowledged the due execution
of the foregoing instrument on behalf of the company.
WITNESS my hand and notarial seal this 29th day of September, 2008.
1-d
N Y PUBLIC
My Commission Exp
"I "I
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EXHIBIT A
Stormwater Management
I.P. I0: 00000ISOSa79 TYPO: GIP
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Pace
34 o1 34
SK2761 paJ/ V /
1. The following covenants are intended to ensure ongoing compliance with State
Stomtwater Management Permit Number SW7071016, as issued by the Division of Water
Quality under NCAC 2H.1000,
2. The State of North Carolina is hereby made a beneficiary of these covenants to the extent
necessary to maintain compliance with the storra water 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 storm water may not be altered or rescinded without the
express written consent of the State of North Carolina, Division of Water Quality.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the State of North Carolina, Division of Water Quality.
6. The maximum allowable build -upon area per lot is 4000 square feet. This allotted amount
includes any build -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. The build -upon areas
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
swin nting pools.
7. All runoff from the built -upon areas on the lot must drain into the pertained system. This
may be accomplished through a variety of means including roof drain gutters which drain to the
street, grading the Ira to drain toward the street, or grading perimeter $wales to collect the lot
runoff and directing them into a component of the stonnwater collection system. Lots that will
naturally drain into the system are not required to provide these additional measures.
N EVENED
FEB 0 6 2009
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