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HomeMy WebLinkAboutSW8041022_Current Permit_20050113Mr. Travis Tyndall, Manager Inland Properties Group, LLC 2894 Belgrade-Swansboro Road Maysville, NC 28555 Dear Mr. Tyndall: Michael F. Easley, Govemor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 13, 2005 Subject: Permit No. SW8 041022 Morada Bay Section II Low Density Subdivision Stormwater Permit Carteret County The Wilmington Regional Office received a complete Stormwater Management Permit Application for Morada Bay Section H on January 13, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 041022, dated January 13, 2005, for the construction of the project. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact either Gary Beecher or me at (910) 395-3900. Sincerely, Rick Shiver Regional Supervisor Surface Water Protection Section RSS/:ghb S:\WQS\STORMWAT\PERMIT\041022.Jan05 cc: David Newsom, RE (Crystal Coast engineering) Carteret County Inspections Division of Coastal Management "Wilmington Regional Office Centro: Files Gary Beecher (DVJQ) North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Service1-877-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us ne N?orth-iCarolina An Equal Opportunity/Affirmative Action Employer — 50°% Recycled110% Post Consumer Paper NWUt+ 4 State Stormwater Management Systems Permit No.SW8 041022 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO Mr. Travis Tyndall & Inland Properties Group, LLC Morada Bay Section II Carteret County FOR THE construction, operation and maintenance of a 25% low density subdivision in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules ") and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS Each of the 14 lots is limited to a maximum of 6,584 square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25% per the requirements of Section .1005 of the stormwater rules. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 5. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and approved liy the Division. 6. All roof drains must terminate at least 30' from the mean high water mark. State Stormwater Management Systems Permit No.SW8 041022 II. SCHEDULE OF COMPLIANCE Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built -upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at optimum efficiency to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the following statements related to stormwater management: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 041022, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 6,584 square feet. 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced due to CAMA jurisdiction within the AEC. i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters. j. All roof drains shall terminate at least 30' from the mean high water mark. State Stormwater Management Systems Permit No.SW8 041022 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon area per lot within 30 days of the date of recording. 6. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface such as a road and that minimum amount needed under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for compliance with the restrictions, the plans reviewed must include all proposed built -upon area (BUA). Any approvals given by the ARC do not relieve the lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11. Within 30 days of completion of the project, the permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been constructed within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 13. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any of the items shown on the approved plans, including the stormwater management system, design concept, built -upon area, details, etc. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area or to the drainage area. e. Further subdivision, acquisition, or selling ofthe project area. f. Filling in, altering or piping any vegetative conveyance shown on the approved plan. 14. The Director may determine that other revisions to the project should require a modification to the permit. 15. Stormwater conveyances will be located in either dedicated right-of-way (public or private), recorded common areas or recorded drainage easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 4 State Stormwater Management Systems Permit No.SW8 041022 III. GENERAL CONDITIONS 1. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Ouality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re -issuance, or termination does not stay any permit condition. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and re -issuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 6. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the permit transfer request. Transfers to third parties by the permittee where the required documentation has not been submitted to the Division does not relieve the permittee of responsibility for transferring the permit. 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state and federal) which have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. Permit issued this the 13th day of January 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ---------C------�.�tc------------- Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 041022 OFFICE USE ONLY Date Received Fee Paid Permit Num er State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original 1. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Inland Properties Group, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Travis Tyndall, Manager 3. Mailing Address for person listed in item 2 above: 2894 Belgrade-Swansboro Rd. City: Maysville State: NC Zip: 28555 Telephone Number: ( 910 ) 743-6070 4. Project Name (subdivision., facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Morada Bay Section II 5. Location of Project (street address): Intersection of NC 24 and J Bell Ln. City: White Oak County: Carteret 6. Directions to project (from nearest major intersection): From intersection of NC 24.& NC 58, east on NC 24 approx. 4.7 miles to J. Bell Lane, right on J. Bell Lane. 7. Latitude: 340 42' 03" N Longitude: 76" 57' 49" W of project P 8. Contact person who can answer questions about the project: Name: David K. Newsom, PE (Crystal Coast Engineering, PA) Telephone Number: ( 910 ) 325-0006 11. PERMIT INFORMATION: 1. Specify whether project is (check one): X New Renewal Modification Form SWU-101 Version 3.99 Page 1 of 4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) 3. Specify the type of project (check one): X Low Density High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): _CAMA Major X Sedimentation /Erosion Control X 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Stormwater will be collected and treated in roadside vegetated swales. 2. Stormwater runoff from this project drains to the White Oak River basin. 3. Total Project Area: 10.69 acres 4. Project Built Upon Area:._ 25.00 % 5. How many drainage areas does the project have? I 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information - Receiving Stream Name _ Drainage Area I - , Drainage Area 2 Sikes Branch T— Receiving Stream Class SA; HQW Drainage Area 465,776 sf (10.69 ac) Existing impervious* Area -0_ Proposed Impervious*Area 116,444 sf (2.67 ac) % impervious* Area (total) 25.00 % Impervio►e Surface Area T-- Drainage Area f ; Drainage Area 2 On -site Buildings (inddit waystorl4bm) 92,181 sf (2.12 ac) On -site Streets 24,263 sf (0.56 ac) On -site Parking _a —' On -site Sidewalks Other on -site Off -site -0- Total: 116,444 sf (2.67 ac) Total: * Impervious area is a[ejinea as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc,. Form SWU-101 Version 3.99 Page 2 of 4 How was the off -site impervious area listed above derived? N/A iiV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. he following covenants are intended io ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than 6,584 square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project snail include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at 1k919) 733.5083 for the status and availability of these forms. Form SWU-102 Wei Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off -Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 innovative Best Management Practice Supplement Form uWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL. REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Initials • Original and one copy of the Stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) nzlmv • Detailed narrative description of stormwater treatment/management MA • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow Scale - Revision number & date Mean high water line - Dimensioned property/project boundary Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations -Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Crystal Coast Engineering, PA Mailing Address:3817-3 Freedom Way City: Hubert State: NC Zip:28539 Phone:[ 910 ) 325-0006 Fax: ( 910 ) 325-0060 Vlll. APPLICANT'S CERTIFICATION I, (print or type name of person listed in General Information, item 2) Travis Tyndall certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conform a with the approved plans, that the required deed restrictions and protective covenants will be recorded�an� NCAC 21-1.1000. / t the proposed project complies with the requirements of 15A J Form SVU-101 Version 3.99 Page 4 of 4 Date: Permit No. (to be provided by DWo State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC 2H .1005 through 1007. I. PROJECT INFORMATION Project Name: Morada Bay Section H Contact Person: Travis Tyndall, Manager Phone Number: ( 910 ) 743-6070 Number of Lots: 14 Allowable Built Upon Area Per Lot*: 6,584 sf *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. II. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor - the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots - the total number of lots in the subdivision. • BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. Form SWU-104 Rev 3.99 Page 1 of 2 (SA x DF) - RA - OA 2 BUA No. Lots Lot Calculation: = ( (465,776 sf x 025) - 24,263 sf - 0 ) / 14 lots = 6,584 sf III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .1007(2)(b)] Form SWU-104 Rev 3.99 Page 2 of 2 JAN.04,2005 10:49 000-000-00000 Page 2 North Carolina Carteret County Restrictive Covenants Morada Bay Section If Know all men by these presents, that Inland Properties Group, (hereinafter " Mclarants") parties of the first part., do hereby covenant and agree to and with all other persons, firms or corporations who now own or may hereafter acquire Lots 12-25 as shown on a plat entitled Morada Bay Section It, prepared by Alan Bell Surveying, PA that all of said lots shall be and are hereby made subject to the following restrictions as to the use thereof, running with said property by whomsoever owned and be binding upon all parties having any right, title or interests in the described properties or any part thereof, their heirs, successors acid assigns, and shall inure to the benefit oreach owner thereof The Covenants and restrictions are as follows: 1. No lot shall be used except fur residential puiposes, and no buildings shall be so erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling, not to exceed two and one-half stories in height and a private garage for not more than two cars. 2. No building shall be permitted on any lot which has a ground floor area of the main structure exclusive of one-story porches and garages of less than square feet for a one-story dwelling, nor less than square feet for a dwelling of more than one story. Easement for Utilites. There is hereby reserved to the Declarants and their Assignees a blanket easement upon, across, above and under all property within the community for access, ingress, egress, installation, repairing, and maintaining all utilities serving the community or any portionlhereof, including, but not limited to, gas, water, sanitary sewer, telephone, and electricity, as well as storm drainage and any other service such as, but not limited to, a master television antenna system, cable television system, or security system which the Declarants might decide to have installed for either of themselves or their designee, as the case may b e, to install, repair, replace, and maintain or to authorize the installation, repairing, replacing, and maintaining of such wires, conduits, cables, and other equipment related to the providing of any such utility or service Should any party requesting such utility or service, request a specific license or easement by separate recordable document, the Declarants shall have the right iv grant such easement. 4. No noxious or offiensive activity shall be carried on upon any lot, nor shall anything be done thereon which maybe or become an annoyance or nuisance; to JAN 04,2005 10:49 000-000-00000 Page 3 the neighborhood. No commercial or business activity of any nature shall be conducted on any lot, 5. Animals. No animals, livestock or poultry of any kind may be raised, bred, kupt, or permitted on any lot, with the exception of the following pets- (1) dogs; (2) cats; (3) birds; and other usual and household pets, Pets are not permitted to roam free or endanger the health of the community. No pets shall be kept, bred or maintained for any commercial purpose. 6. Signs. No sign of any kind, including yard sale signs, shall be displayed to the public view on any lot except one professional sign of not more than (5) square feet advertising the property for sale or rent, or signs used by builders or developers to advertise the property during the construction and sales period. Garbage, clothesline and Woodpiles. All lots, whether occupied or unoccupied, shall be well maintained and no unattractive growth or accumulation of rubbish or debris shall be permitted. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. All garbage containers, woodpiles and other similar items shall be located or screened so as to he concealed from view of neighboring lots, streets, or passing vehicles; provided garbage containers may remain on the curbside for up to twelve hours on days of scheduled curbside pick up_ 8. Satellite Dish and Antennas. Only satellite dishes twenty-four inches (24") in diameter or smaller are permissible. No exterior antennas shall be placed, allowed, or maintained upon any portion of the community, including any lot. 9. No unlicensed motor vehicle shall be allowed to stand on any lot for more than forty-eight (48) hours. No stripped, partially wrecked, or junk motor vehicles, or part thereof, shall be permitted to be parked or kept on any street or lot, in such a manner as to be visible to the occupants of other lots or the users of any street. No trucks or cars shall be parked or along the right of way. No commercial vehicles of any type may be parked, stored or kept on the property. 10. No trailer, basement, tent, shack, garage, barn, or other outbuilding created on the tract shall at any time be used as a residence temporarily or permanently nor shall any structure of a temporary character be used as a residence on the property. No slab, mobile homes, manufactured or modular horses shall be permanently or temporarily located on a lot. All. houses shall be "stick built" and no house shall be moved onto arty other lot. Declarant reserves the right to erect and place a temporary sales office on any lot owned by it to be used as a stile, office for a period not to exceed seven (7) years.. No trailer (except recreational vehicles and boats which are parked behind the dwelling), tent, shack, or barn shall be erected or placed on any lot covered by JAN 04,2005 10:50 000-000-00000 Page 4 these covenants. No storage shed shall be permitted on any lot covered by these covenants unless approved by the Declarant. No such building shall be built on old materials. All storage buildings must use new'materials. All playground equipment and storage buildings shall be placed to the rear of the main dwelling stricture. No underground storage tanks are allowed. All fuel or propane tanks must be placed above ground level and the same will be screened on three sides by a lattice type material to prevent view from the main road. No above ground pools shall be allowed. I I . These covenants are to run with the land and shall be binding on all pasties and all persons claiming under them for a period of thirty (30) years after which the date these restrictive covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. 12. lsnlbrcement shall be by proceedings at law or in equity against any person violating or attempting to violate any covenant. either to restrain violation or to recover damages. The Court may award attorney's fees to the prevailing party in any subsequent civil action. Failure by the Declarant or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to enforce the same. 13. Invalidation of one of these covenants by judgement or court. order shall in no way affect any of the other provisions, which shall remain in lull force and eii'cet. 14. The developer reserves the right to subject the real property in this subdivision to a contract with . . _. _ ..-for the .installation of street lighting which requires a continuing monthly payment to by residential customer. 15. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number SWS _ as issued by the Division of Water Quality. 'These covenants may not be changed or deleted without the consent of the State. 16. No more than 6,594 square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 17. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. I S. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. JAN n4,2005 10:50 000-000-00000 Page 5 19. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner Oat maintains the integrity and performance of the system as permitted. IN WITNESS WHEREOF, Declarant has executed and scaled this Declaration as iti act and deed this ___ day of ---- !Declarant /Declarant