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HomeMy WebLinkAboutSW6221202_Deed Restriction/Protective Covenant Form_20221214High Density Commercial Subdivisions Deed Restrictions & Protective Convenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Management Regulations, deed restrictions and protective covenants are required for High Density Commercial 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. 1, Nirav Mod! , 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 within the project known as Venus Plaza JCE LLC ( Gas Station with C-stare, DQ and Holiday Inn Express) 1. The following covenants are intended to ensure ongoing compliance with State Storrmwater 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 storm water management permit. 3. These covenants are to run with the land and be binding on all persons and patties 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5.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 square feet. *Note: If the BUA per lot varies, please substitute the following statement for the one above and provide a complete listing of the proposed BUA for each lot: The maximum built -upon area per lot, in square feet, is as listed below. - Lot # BUA Lot # BUA Lot # BUA Lot # BUA 0479-49-2444 62,270 sf 0479-39-6179 88,730 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, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. 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 swa/es 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. 8. The owner of each lot, whose ownership is not retained by the permittee, is required to submit a separate stormwater permit application to the Division of Energy, Mineral and Land Resources and receive a permit prior to construction. 9. The project and 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. Form DRPC-1 Rev.2 05Nov2009 Page 1 of 2 Signature: High Density Commercial Subdivisions ed Restrictions & Protective Convenanc Date: 1 1 oa, a Notary Public in the State of NC)Y County of `o�esQY1 do hereby certify that 0 jr personally appeared before me this the day of L4 ov + r+^Icm-c .. , 20 D ;� , and acknowledge the a execution of the foregoing instrument. Witness my hand and official seal, (� y� �� L i ature My Commission expires T )aoa L Form DRPC-1 Rev.2 05Nov2Q09 Page 2 of 2 S EAE_ L.