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HomeMy WebLinkAboutSW6200201_Deed Restriction/Protective Covenant Form_20230622High 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, YANG SONG „ 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 SW66200201 , 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5.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 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 SEE ATTACHED "EXHIBIT A" 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 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. Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2 High Density Residential Subdivisions Deed Restrictions & Protective Covenances Signature: Date: v3�31 /,02 � I, e 0 . O a Notary Public in the State of , :t,,j CAVOLWA County of �: do hereby certify that ytgj(:A CoNG personally appeared before me this the day of Mp2w , 20a_, and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEAL Sig ature My Commission expires A2c, i' ' xxa3 KRISTLE H. OSTEEN NOTARY PUBLIC WAKE COUNTY, N.C. Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 Co (V a) cn ca i a) cn ca EXHIBIT A SERENITY SUBDIVISION PHASE 2A & B MAXIMUM BUILT -UPON AREA (BUA) PER LOT LOT # Original BUA (SF)* New BUA (SF) 308 5,000 4,600 309 5,000 4,600 310 5,000 4,600 311 5,000 4,600 312 5,000 4,600 313 5,000 4,600 314 5,000 4,600 315A 5,000 4,400 315 B 0 4,400 316 5,000 4,900 317 5,000 4,900 318 5,000 4,900 319 5,000 4,600 320 5,000 4,900 321 5,000 4,900 3 22 5,000 4,900 Phase 2B Total: 75,000 75,000 LOT # Original BUA (SF)* New BUA (SF) 348 3,000 3,000 349 3,000 3,000 350 3,000 3,000 351 3,000 3,000 352 3,000 3,000 353 3,000 3,000 354 3,000 3,000 355 3,000 3,000 356 3,000 3,000 357 3,000 3,000 358 3,000 3,000 359 3,000 3,000 360 3,000 3,000 361 3,000 3,000 362 3,000 3,000 363 3,000 3,000 Phase 2A Total: 48,000 48,000 Phase 2A + 2B Total 1 123,000 1 123,000 Note: The BUA allocations do not include any BUA outside of the property boundaries. Any BUA adjustments to be documented as required. * Previously allocated BUA under approved permit SW6200201, modified July 15, 2022.