HomeMy WebLinkAboutSW8041022_Current Permit_20050113Mr. Travis Tyndall, Manager
Inland Properties Group, LLC
2894 Belgrade-Swansboro Road
Maysville, NC 28555
Dear Mr. Tyndall:
Michael F. Easley, Govemor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 13, 2005
Subject: Permit No. SW8 041022
Morada Bay Section II
Low Density Subdivision Stormwater Permit
Carteret County
The Wilmington Regional Office received a complete Stormwater Management Permit Application for
Morada Bay Section H on January 13, 2005. Staff review of the plans and specifications has determined
that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC
2H.1000. We are forwarding Permit No. SW8 041022, dated January 13, 2005, for the construction of
the project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified therein, and does not supercede any other agency permit that may
be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either
Gary Beecher or me at (910) 395-3900.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
RSS/:ghb S:\WQS\STORMWAT\PERMIT\041022.Jan05
cc: David Newsom, RE (Crystal Coast engineering)
Carteret County Inspections
Division of Coastal Management
"Wilmington Regional Office
Centro: Files
Gary Beecher (DVJQ)
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395-3900 Customer Service1-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet: h2o.enr.state.nc.us ne
N?orth-iCarolina
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State Stormwater Management Systems
Permit No.SW8 041022
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Travis Tyndall & Inland Properties Group, LLC
Morada Bay Section II
Carteret County
FOR THE
construction, operation and maintenance of a 25% low density subdivision in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules ") and the
approved stormwater management plans and specifications, and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specific conditions and limitations:
I. DESIGN STANDARDS
Each of the 14 lots is limited to a maximum of 6,584 square feet of built -upon area, as
indicated in the approved plans. CAMA regulations may reduce the allowable built -upon
area for those lots within the AEC.
2. The overall tract built -upon area percentage or lot sizes for the project must be
maintained at 25% per the requirements of Section .1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by
reference and are enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters.
5. The only runoff conveyance systems allowed will be vegetated conveyances such as
swales with minimum side slopes of 3:1 (H:V) as defined in the stormwater rules and
approved liy the Division.
6. All roof drains must terminate at least 30' from the mean high water mark.
State Stormwater Management Systems
Permit No.SW8 041022
II. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be constructed in their entirety, vegetated,
and be operational for their intended use prior to the construction of any built -upon
surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to
operate the permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
4. Deed restrictions are incorporated into this permit by reference and must be recorded with
the Office of the Register of Deeds prior to the sale of any lot. Recorded deed restrictions
must include, as a minimum, the following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 041022, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 6,584 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, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
g. 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.
h. Lots within CAMA's Area of Environmental Concern may have the permitted
built -upon area reduced due to CAMA jurisdiction within the AEC.
i. Each lot will maintain a 30' wide vegetated buffer between all impervious areas
and surface waters.
j. All roof drains shall terminate at least 30' from the mean high water mark.
State Stormwater Management Systems
Permit No.SW8 041022
5. The permittee shall submit a copy of the recorded deed restrictions which indicates the
approved built -upon area per lot within 30 days of the date of recording.
6. The permittee shall submit all information requested by the Director or his representative
within the time frame specified in the written information request.
7. No piping shall be allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road and that minimum amount needed under
driveways to provide access to lots.
8. Unless specified elsewhere, permanent seeding requirements for the swales must follow
the guidelines established in the North Carolina Erosion and Sediment Control Planning
and Design Manual.
9. The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
10. If the permittee sets up an Architectural Review Committee (ARC) to review plans for
compliance with the restrictions, the plans reviewed must include all proposed built -upon
area (BUA). Any approvals given by the ARC do not relieve the lot owner of the
responsibility to maintain compliance with the permitted BUA limit.
11. Within 30 days of completion of the project, the permittee must certify in writing that the
project's stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications. Any deviation from the
approved plans must be noted on the Certification.
12. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
13. The permittee shall submit to the Director and shall have received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
approved plans, including, but not limited to, those listed below:
a. Any revision to any of the items shown on the approved plans, including the
stormwater management system, design concept, built -upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area or to the drainage
area.
e. Further subdivision, acquisition, or selling ofthe project area.
f. Filling in, altering or piping any vegetative conveyance shown on the approved
plan.
14. The Director may determine that other revisions to the project should require a
modification to the permit.
15. Stormwater conveyances will be located in either dedicated right-of-way (public or
private), recorded common areas or recorded drainage easements. The final plats for the
project will be recorded showing all such required easements, in accordance with the
approved plans.
4
State Stormwater Management Systems
Permit No.SW8 041022
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Ouality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and re -issuance, or termination does not
stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying
the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
The permit is not transferable to any person or entity except after notice to and approval
by the Director. The Director may require modification or revocation and re -issuance of
the permit to change the name and incorporate such other requirements as may be
necessary. A formal permit request must be submitted to the Division of Water Quality
accompanied by the appropriate fee, documentation from both parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
6. The permittee is responsible for compliance with all permit conditions until such time as
the Division approves the permit transfer request. Transfers to third parties by the
permittee where the required documentation has not been submitted to the Division does
not relieve the permittee of responsibility for transferring the permit.
7. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances, which may be imposed by other government
agencies (local, state and federal) which have jurisdiction. If any of those permits result in
revisions to the plans, a permit modification must be submitted.
8. The permittee grants permission to DENR Staff to enter the property during business
hours for the purposes of inspecting the stormwater management system and it's
components.
9. The permittee shall notify the Division of Water Quality of any name, ownership or
mailing address changes within 30 days.
Permit issued this the 13th day of January 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
---------C------�.�tc-------------
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 041022
OFFICE USE ONLY
Date Received
Fee Paid
Permit Num er
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
1. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Inland Properties Group, LLC
2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance):
Travis Tyndall, Manager
3. Mailing Address for person listed in item 2 above:
2894 Belgrade-Swansboro Rd.
City: Maysville State: NC Zip: 28555
Telephone Number: ( 910 ) 743-6070
4. Project Name (subdivision., facility, or establishment name - should be consistent with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
Morada Bay Section II
5. Location of Project (street address):
Intersection of NC 24 and J Bell Ln.
City: White Oak
County: Carteret
6. Directions to project (from nearest major intersection):
From intersection of NC 24.& NC 58, east on NC 24 approx. 4.7 miles to J. Bell Lane, right on J. Bell Lane.
7. Latitude: 340 42' 03" N Longitude: 76" 57' 49" W of project
P
8. Contact person who can answer questions about the project:
Name: David K. Newsom, PE (Crystal Coast Engineering, PA) Telephone Number: ( 910 ) 325-0006
11. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4
2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
X Low Density High Density Redevelop General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major X Sedimentation /Erosion Control X 404/401 Permit NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
Stormwater will be collected and treated in roadside vegetated swales.
2. Stormwater runoff from this project drains to the White Oak River basin.
3. Total Project Area: 10.69 acres 4. Project Built Upon Area:._ 25.00 %
5. How many drainage areas does the project have? I
6. Complete the following information for each drainage area. If there are more than two drainage areas in the
project, attach an additional sheet with the information for each area provided in the same format as below.
Basin Information
-
Receiving Stream Name
_ Drainage Area I
-
, Drainage Area 2
Sikes Branch
T—
Receiving Stream Class
SA; HQW
Drainage Area
465,776 sf (10.69 ac)
Existing impervious* Area
-0_
Proposed Impervious*Area
116,444 sf (2.67 ac)
% impervious* Area (total)
25.00 %
Impervio►e Surface Area
T-- Drainage Area f
; Drainage Area 2
On -site Buildings (inddit waystorl4bm)
92,181 sf (2.12 ac)
On -site Streets
24,263 sf (0.56 ac)
On -site Parking
_a
—'
On -site Sidewalks
Other on -site
Off -site
-0-
Total: 116,444 sf (2.67 ac)
Total:
* Impervious area is a[ejinea as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc,.
Form SWU-101 Version 3.99 Page 2 of 4
How was the off -site impervious area listed above derived? N/A
iiV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
he following covenants are intended io ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than 6,584 square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
snail include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at 1k919) 733.5083 for the status
and availability of these forms.
Form SWU-102
Wei Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
innovative Best Management Practice Supplement
Form uWU-101 Version 3.99 Page 3 of 4
VI. SUBMITTAL. REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR) nzlmv
• Detailed narrative description of stormwater treatment/management MA
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- North arrow
Scale
- Revision number & date
Mean high water line
- Dimensioned property/project boundary
Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
-Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): Crystal Coast Engineering, PA
Mailing Address:3817-3 Freedom Way
City: Hubert
State: NC
Zip:28539
Phone:[ 910 ) 325-0006 Fax: ( 910 ) 325-0060
Vlll. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) Travis Tyndall
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project will be constructed in conform a with the approved plans, that the required deed restrictions
and protective covenants will be recorded�an�
NCAC 21-1.1000. / t the proposed project complies with the requirements of 15A
J
Form SVU-101 Version 3.99
Page 4 of 4
Date:
Permit No.
(to be provided by DWo
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through 1007.
I. PROJECT INFORMATION
Project Name: Morada Bay Section H
Contact Person: Travis Tyndall, Manager Phone Number: ( 910 ) 743-6070
Number of Lots: 14
Allowable Built Upon Area Per Lot*: 6,584 sf
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals
and totals.
II. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2
(SA x DF) - RA - OA 2 BUA
No. Lots Lot
Calculation:
= ( (465,776 sf x 025) - 24,263 sf - 0 ) / 14 lots
= 6,584 sf
III. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate that the following requirements have been met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d. Project conforms to low density requirements within the ORW AEC (if applicable).
[15A NCAC 2H .1007(2)(b)]
Form SWU-104 Rev 3.99 Page 2 of 2
JAN.04,2005 10:49 000-000-00000 Page 2
North Carolina
Carteret County
Restrictive Covenants
Morada Bay Section If
Know all men by these presents, that Inland Properties Group, (hereinafter
" Mclarants") parties of the first part., do hereby covenant and agree to and with all other
persons, firms or corporations who now own or may hereafter acquire Lots 12-25 as
shown on a plat entitled Morada Bay Section It, prepared by Alan Bell Surveying, PA
that all of said lots shall be and are hereby made subject to the following restrictions as to
the use thereof, running with said property by whomsoever owned and be binding upon
all parties having any right, title or interests in the described properties or any part
thereof, their heirs, successors acid assigns, and shall inure to the benefit oreach owner
thereof The Covenants and restrictions are as follows:
1. No lot shall be used except fur residential puiposes, and no buildings shall be so
erected, altered, placed or permitted to remain on any lot other than one detached
single family dwelling, not to exceed two and one-half stories in height and a
private garage for not more than two cars.
2. No building shall be permitted on any lot which has a ground floor area of the
main structure exclusive of one-story porches and garages of less than
square feet for a one-story dwelling, nor less than square feet for a
dwelling of more than one story.
Easement for Utilites. There is hereby reserved to the Declarants and their
Assignees a blanket easement upon, across, above and under all property within
the community for access, ingress, egress, installation, repairing, and maintaining
all utilities serving the community or any portionlhereof, including, but not
limited to, gas, water, sanitary sewer, telephone, and electricity, as well as storm
drainage and any other service such as, but not limited to, a master television
antenna system, cable television system, or security system which the Declarants
might decide to have installed for either of themselves or their designee, as the
case may b e, to install, repair, replace, and maintain or to authorize the
installation, repairing, replacing, and maintaining of such wires, conduits, cables,
and other equipment related to the providing of any such utility or service
Should any party requesting such utility or service, request a specific license or
easement by separate recordable document, the Declarants shall have the right iv
grant such easement.
4. No noxious or offiensive activity shall be carried on upon any lot, nor shall
anything be done thereon which maybe or become an annoyance or nuisance; to
JAN 04,2005 10:49 000-000-00000
Page 3
the neighborhood. No commercial or business activity of any nature shall be
conducted on any lot,
5. Animals. No animals, livestock or poultry of any kind may be raised, bred, kupt,
or permitted on any lot, with the exception of the following pets- (1) dogs; (2)
cats; (3) birds; and other usual and household pets, Pets are not permitted to roam
free or endanger the health of the community. No pets shall be kept, bred or
maintained for any commercial purpose.
6. Signs. No sign of any kind, including yard sale signs, shall be displayed to the
public view on any lot except one professional sign of not more than (5) square
feet advertising the property for sale or rent, or signs used by builders or
developers to advertise the property during the construction and sales period.
Garbage, clothesline and Woodpiles. All lots, whether occupied or unoccupied,
shall be well maintained and no unattractive growth or accumulation of rubbish or
debris shall be permitted. Trash, garbage or other waste shall not be kept except
in sanitary containers. All incinerators or other equipment for the storage or
disposal of such material shall be kept in a clean and sanitary condition. All
garbage containers, woodpiles and other similar items shall be located or screened
so as to he concealed from view of neighboring lots, streets, or passing vehicles;
provided garbage containers may remain on the curbside for up to twelve hours
on days of scheduled curbside pick up_
8. Satellite Dish and Antennas. Only satellite dishes twenty-four inches (24") in
diameter or smaller are permissible. No exterior antennas shall be placed,
allowed, or maintained upon any portion of the community, including any lot.
9. No unlicensed motor vehicle shall be allowed to stand on any lot for more than
forty-eight (48) hours. No stripped, partially wrecked, or junk motor vehicles, or
part thereof, shall be permitted to be parked or kept on any street or lot, in such a
manner as to be visible to the occupants of other lots or the users of any street.
No trucks or cars shall be parked or along the right of way. No commercial
vehicles of any type may be parked, stored or kept on the property.
10. No trailer, basement, tent, shack, garage, barn, or other outbuilding created on the
tract shall at any time be used as a residence temporarily or permanently nor shall
any structure of a temporary character be used as a residence on the property. No
slab, mobile homes, manufactured or modular horses shall be permanently or
temporarily located on a lot. All. houses shall be "stick built" and no house shall
be moved onto arty other lot. Declarant reserves the right to erect and place a
temporary sales office on any lot owned by it to be used as a stile, office for a
period not to exceed seven (7) years..
No trailer (except recreational vehicles and boats which are parked behind the
dwelling), tent, shack, or barn shall be erected or placed on any lot covered by
JAN 04,2005 10:50 000-000-00000 Page 4
these covenants. No storage shed shall be permitted on any lot covered by these
covenants unless approved by the Declarant. No such building shall be built on
old materials. All storage buildings must use new'materials. All playground
equipment and storage buildings shall be placed to the rear of the main dwelling
stricture. No underground storage tanks are allowed. All fuel or propane tanks
must be placed above ground level and the same will be screened on three sides
by a lattice type material to prevent view from the main road. No above ground
pools shall be allowed.
I I . These covenants are to run with the land and shall be binding on all pasties and all
persons claiming under them for a period of thirty (30) years after which the date
these restrictive covenants shall be automatically extended for successive periods
of ten (10) years unless an instrument signed by a majority of the then owners of
the lots has been recorded agreeing to change said covenants in whole or in part.
12. lsnlbrcement shall be by proceedings at law or in equity against any person
violating or attempting to violate any covenant. either to restrain violation or to
recover damages. The Court may award attorney's fees to the prevailing party in
any subsequent civil action. Failure by the Declarant or by any owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver
of the right to enforce the same.
13. Invalidation of one of these covenants by judgement or court. order shall in no
way affect any of the other provisions, which shall remain in lull force and eii'cet.
14. The developer reserves the right to subject the real property in this subdivision to
a contract with . .
_. _ ..-for the .installation of street lighting which
requires a continuing monthly payment to by residential customer.
15. The following covenants are intended to ensure ongoing compliance with
state stormwater management permit number SWS _ as issued by the
Division of Water Quality. 'These covenants may not be changed or deleted
without the consent of the State.
16. No more than 6,594 square feet of any lot shall be covered by structures or
impervious materials. Impervious materials include asphalt, gravel,
concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
17. Swales shall not be filled in, piped, or altered except as necessary to provide
driveway crossings.
I S. Built -upon area in excess of the permitted amount requires a state
stormwater management permit modification prior to construction.
JAN n4,2005 10:50 000-000-00000 Page 5
19. All permitted runoff from outparcels or future development shall be directed
into the permitted stormwater control system. These connections to the
stormwater control system shall be performed in a manner Oat maintains
the integrity and performance of the system as permitted.
IN WITNESS WHEREOF, Declarant has executed and scaled this Declaration as iti act
and deed this ___ day of ----
!Declarant /Declarant