HomeMy WebLinkAboutSW6220301_Deed Restriction/Protective Covenant Form_20220325Hi h Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for High Density Residential Subdivisions where
lots will be subdivided and sold and runoff will be treated in an engineered Stormwater control facility, Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon"
area consistent with the design criteria used to size the stormwater control facility.
I, Tom Holderfield acknowledge, affirm and agree by my signature
below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot:
The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number , as issued by the Division of Energy, Mineral and
Land Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to storm water may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Energy, Mineral and Land Resources.
6. The maximum allowable built -upon area per lot is see attached 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, coquina and parking areas, but
does not include raised, open wood decking, or the water surface of swimming pools.
OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following:
6. The maximum built -upon area per lot, in square feet, is as listed below:
Lot # BUA Lot # BUA Lot # BUA Lot # BUA
This allotted amount includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement, Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface
waters.
**50 foot for projects located in the 20 coastal counties.
8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading
the lot to drain toward the street or grading perimeter swales to collect the lot runoff and directing them
into a component of the stormwater collection system. Lots that will naturally drain into the system are
not required to provide these additional measures.
Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2
Si
High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
3 ��2-7--
, a Notary Public in the
State of N 4-- C�+G;�`�.a County of 1Y
do hereby certify that personally appeared
before me this the 15 day of 20�9 -) , and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL
Signature
My Commission expireso��
V Chhsfin Hay
Notary Public
Montgomery County
North Carolina
Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2
6 The maximum Built -Upon Area per lot, in square feet, is as listed below:
Lot #
BUA (sf)
Lot #
BUA (sf)
Lot #
BUA (sf)
1
2,000
14
4,000
37
4,000
2
2,000
15
4,000
38
4,000
3
2,000
16
4,000
39
4,000
4
2,000
17
4, 000
40
4,000
5
2,000
18
4,000
41
4,000
6
2,000
19
4,000
42
4,000
7
2,000
20
4,000
43
4,000
8
2,000
21
4,000
44
4,000
9
2,000
22
4,000
45
4,000
10
2,000
23
4,000
46
4,000
11
2,000
24
4,000
47
4,000
12
2,000
25
4,000
48
4,000
13
2,000
26
4,000
60
4,000
49
2,000
27
4,000
61
4,000
50
2,000
28
4,000
62
4,000
51
2,000
29
4,000
63
4,000
52
2,000
30
4,000
64
4,000
53
2,000
31
4,000
65
4,000
54
2,000
32
4,000
66
4,000
55
2,000
33
4,000
67
4,000
56
2,000
34
4,000
68
4,000
57
2,000
35
4,000
69
4,000
58
2,000
36
4,000
70
4,000
59
2,000
71
2,000
72
2,000
73
2,000
74
2,000
75
2,000