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HomeMy WebLinkAboutSW6221103_Deed Restriction/Protective Covenant Form_20221128Low 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 Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the applicable regulation governing the density level. I, Joseph T. Bowden, II acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for Iron Man Self Storage prior to the sale of any lot: 1. 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum allowable built -upon area per lot is Lot 1 — 35,232SF, Lot 2 — 36,921 SF 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. 7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built -upon area for that lot than is shown herein, the governing maximum built -upon area for that lot shall be the most restrictive of the two. 8. 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. 9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface waters. 10, All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters. *50 foot for projects located in the 20 coastal counties. Signature: / Date: 9 I, K t Y) (llL c.. l\ a Notary Public in the State of N 041h (o 4 011 r, t,_ , County of ilk v�fh�, , do hereby certify that J o ersonally appeared before me this the IcV"1' day of S f,Qp c yv\b..� , 20 22 , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, 46-22k LL ignature My Commission expires S W-,-rA-„b4_�q I0, O L l Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 ��'��qND •C���\``` Low Density Maintenance Requirements Important maintenance procedures: The drainage area to the vegetated conveyance or vegetated receiving area will be carefully managed to reduce the sediment load to the vegetated conveyance or vegetated receiving area. After the initial fertilization to establish the grass in the vegetated conveyance or the vegetated receiving area, fertilizer will not be applied to the vegetated receiving areas. The vegetated conveyance or vegetated receiving area w ill be inspected quarterly. Records of operation and maintenance w ill be kept in a know n set location and w ill be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. SCM element: Potential problem: How to remediate the problem: Vegetation Vegetation is too short or Maintain grassed vegetation such that the sw ale or vegetated too long. area does not erode during the peak f low f rom the 10-year storm Trash/debris is present. Remove the trash/debris. Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re - erosive gullies have sod (or plant w ith other appropriate species) and w ater until Vegetated receiving formed. established. Provide lime and a one-time fertilizer application. areas Trees and/or other w oody Remove the trees and w oody vegetation from the sw ale, regrade vegetation are present in the sw ale if necessary and re-establish grass as show n on the the sw ale. approved plans. Trash/debris is present. Remove the trash/debris. Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then re - erosive gullies have sod (or plant w ith other appropriate species) and w ater until formed. established. Provide lime and a one-time fertilizer application. Sediment covers the grass Remove sediment and dispose in an area that w ill not impact Vegetated conveyances at the bottom of the sw ale. streams or SCMs. Re -sod if necessary. / swales / roadside Regrade the slopes to the permitted configuration per the ditches (other than curb The side slope is steeper outlet swales) than the approved approved plan and reestablish vegetation. If as -built or existing configuration. conditions do not allow the slopes to be regraded, contact the applicable permitting agency. Determine the source of the problem: soils, hydrology, disease, Grass is dead, diseased or etc. Remedy the problem and replace plants. Provide a one-time dying. fertilizer application to establish the ground cover if necessary. Trees and/or other w oody Remove the trees and w oody vegetation f rom the vegetated vegetation are present in conveyance, regrade the vegetated conveyance if necessary the vegetated conveyance. and re-establish grass as shown on the approved plans. The longitudinal slope Regrade to meet the permitted longitudinal slope as show n on the exceeds 5%. approved plans. Curb outlet swales or The sw ale profile does not Regrade the sw ale to the approved profile as show n on the vegetated areas match the approved detail. approved plans. The length of the sw ale or Extend the sw ale to achieve the 100-foot minimum length. 9 as - vegetated area is less built or existing conditions do not allow the slopes to be regraded, than 100 feet. contact the applicable permitting agency. Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device (if applicable) The outlet device is damaged Repair or replace the outlet device. Erosion or other signs of damage have occurred at Repair the damage and improve the flow dissipation structure. the outlet. The receiving water Discharges from the site are causing erosion or sedimentation in the Contact the local NCDEQ Regional Office. receiving water.