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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 The covenants pertaining to storm water may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5.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