HomeMy WebLinkAboutSW8940820_CURRENT PERMIT_20211116STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 9 `4 o 8 2 o
DOC TYPE
t] CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2 0 2\ t k x\-o
YYYYMMDD
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRUIN WRENN
Director ,
November 16, 2021
NORTH CAROLINA
Enviraanental Quality
Northchase Homeowners Association, Inc.
Attn: Carlton Norris, President
1628 Doctors Circle
Wilmington, NC 28401
Subject: Permit Renewal
State Stormwater Management Permit No. SW8 940820
Northchase Williamsburg Place
New Hanover County
Dear Mr. Norris:
Effective August 1, 2013 the State Stormwater program has been transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this permit
will now reference DEMLR as the Division responsible for issuance of the permit.
On August 5, 2009, the Governor signed Session Law 2009-406. This law impacted any development approval issued
by the former Division of Water Quality under Article 21 of Chapter 143 of the General Statutes, which was current
and valid at any point between January 1, 2008, and December 31, 2010. The law extended the effective period of any
stormwater permit that was set to expire during this time Same to three (3) years from its current expiration date. On
August 2, 2010, the Governor signed Session Law 2010-177, which granted an extra year for a total of four (4) years
extension.
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for
the subject project on November 15, 2021. The Division is hereby notifying you that permit SW8 940820 has been
renewed on November 16, 2021, and shall be effective until July 20, 2028, which includes all available extensions.
For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application.
Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose
new or different terms; it merely restates some of the previous terms to provide you with a better understanding of your
obligations under the permit.
The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the
terms and conditions of this state stormwater permit The plans originally approved on October 5, 1994 and most
recently modified on July 20, 2006, will remain in full force and effect in accordance with the regulations set forth in
Title 15A NCAC 2H.1000.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed
restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish
an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions,
to transfer the permit, or to renew the permit, will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written
petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within
thirty (30) days of receipt of this permit. You should contact the OA14 with all questions regarding the filing fee (if a
filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or
via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit
shall be final and binding.
QZ/ North Carolina Department of Environmental Quality I Divimn of Energy, Nrcral and Land Resources
Wilmmgton Regional Office 1127 Carcilmd Drive Extension I Wilmington. North Carolina 28405
rom xnu w
ue.r.su+®+o+e 910.7%.7215
State Stormwater Permit No. SW8 940820
Page 2 of 2
If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the
Wilmington Regional Office, at (910) 796-7215 or ashleym.smith@ncdenr.gov.
Sincerely, �Q
l�/l'I.L �"r \
Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — Permitting History
Renewal Application Documents
DES/ams: \\\Stormwater\Permits & Projects\1994\940820 HD\2021 1 I permit 940820
cc: NCDEQ-DENILR Wilmington Regional Office
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oftZ.
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Witmtngton Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
�� / 910.796,7215
State Stormwater Management Systems
Permit No SW8 940820
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
HIGH 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
Northchase Homeowners Association, Inc.
Northchase - Williamsburg Place
Northchase Parkway, New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the as
outlined in the application, approved stormwater management plans, supplement, calculations,
operation and maintenance agreement, recorded documents, specifications, and other
supporting data (the "approved plans and specifications") as attached and/or on file with and
approved by the Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR").
The project shall be constructed, operated and maintained in accordance with these approved
plans and specifications The approved plans and specifications are incorporated by reference
and are enforceable part of this permit
This permit shall be effective from the date of issuance until July 20, 2028 and shall be subject
to the following specified conditions and limitations. The permit issued shall continue in force
and effect until the permittee files a request with the Division for a permit modification, transfer,
renewal, or rescission, however, these actions do not stay any condition. 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 for cause as allowed by the laws, rules, and
regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
This stormwater system has been approved for the management of stormwater runoff as
described in Section 1.6 on page 2 of this permit. The stormwater control has been
designed to handle the runoff from 145,000 square feet of impervious area.
The tract will be limited to the amount of built -upon area indicated on page 2 of this
permit, and per approved plans.
All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required easements, in accordance with the approved plans
Page 1 of 5
State Stormwater Management Systems
Permit No SW8 940820
5. The runoff from all built -upon area within the permitted drainage area of this project must
be directed into the permitted stormwater control system.
The following design criteria have been provided in the wet detention pond and must be
maintained at design condition:
a. Drainage Area, acres:
Onsite, ft2.
Offsite, ft2:
b. Total Impervious Surfaces, ft2.
C. Design Storm, inches.
d. Pond Depth, feet:
e. TSS removal efficiency:
f. Permanent Pool Elevation, FMSL:
g. Permanent Pool Surface Area, ft2:
h. Permitted Storage Volume, ft3:
i. Temporary Storage Elevation, FMSL:
I. Controlling Orifice:
k Permitted Forebay Volume, ft3:
1 Receiving Stream/River Basin:
M. Stream Index Number:
n. Classification of Water Body:
II. SCHEDULE OF COMPLIANCE
6.60
277,981
9,515 (NorthChase Pkwy. West)
145,000
1
7.25
90%
27.0
5,070
18,300
29.50
1.5"0 pipe
N/A
UT Smith Creek / Cape Fear
18-74-63
'IC: Sw"
The stormwater management system shall be constructed in its entirety, vegetated and
operational for its 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
system will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to
assure the permitted stormwater system functions at the design condition. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals including, but not limited to
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal
C. Mowing and revegetation of slopes and the vegetated filter.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and specifications
f. Debris removal and unclogging of outlet structure, orifice device, flow spreader,
catch basins and piping.
g Access to the outlet structure must be available at all times.
4 Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
5 The facilities shall be constructed, operated and maintained in accordance with the
provisions of this permit, the approved plans and specifications, and the supporting
documents attached to this permit and on file with the Division.
Page 2 of 5
State Stormwater Management Systems
Permit No. SW8 940820
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and
prior to operation of this permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that the permitted facility has
been installed in accordance with this permit, the approved plans and specifications, and
other supporting documentation Any deviations from the approved plans and
specifications must be noted on the Certification A modification may be required for
those deviations.
7 If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
8. Access to the stormwater facilities shall be maintained via appropriate easements at all
times.
9. 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
10. Decorative spray fountains will be allowed in the stormwater treatment system if
calculations are provided documenting the permeant pool volume is greater than 30,000
cubic feet.
11. No person or entity, including the permittee, shall alter any component shown in the
approved plans and specifications. Prior to the construction of any modification to the
approved plans, the permittee shall submit to the Director, and shall have received
approval for modified plans, specifications, and calculations including, but not limited to,
those listed below. For changes to the project or SCM that impact the certifications, a
new or updated certification(s), as applicable, will be required and a copy must be
submitted to the appropriate DEQ regional office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size
including the SCM(s). BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
c Further development, subdivision, acquisition, lease or sale of any, all or part of
the project and/or property area as reported in the approved plans and
specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and
recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not
included in the approved plans and specifications.
h Other modifications as determined by the Director.
12 ANNUAL CERTIFICATION. The permittee shall electronically submit to the Division an
annual certification completed by either the permittee or their designee confirming the
projects conformance with permit conditions.
Page 3 of 5
State Stormwater Management Systems
Permit No SW8 940820
III. GENERAL CONDITIONS
CORRECTIVE ACTIONS REQUIRED. If the facilities fail to perform satisfactorily, the
permittee shall take immediate corrective actions. This includes actions required by this
Division and the stormwater rules such as the construction of additional or replacement
on -site stormwater systems. These additional or replacement measures shall receive a
permit from the Division prior to construction
PERMIT RENEWAL. A permit renewal request must be submitted at least 180 days
prior to the expiration date of this permit. The renewal request must include the
appropriate application, documentation and the processing fee as outlined in Title 15A
NCAC 02H 1045(3).
CURRENT PERMITTEE NAME OR ADDRESS CHANGES. The permittee shall submit
a completed Permit Information Update Application Form to the Division within 30 days
to making any one or more of the following changes:
a. A name change of the current permittee,
b. A name change of the project;
C. A mailing address change of the permittee;
TRANSFER. This permit is not transferable to any person or entity except after notice to
and approval by the Director. Neither the sale of the project and/or property, in whole or
in part, nor the conveyance of common area to a third party constitutes an approved
transfer of the permit.
a. TRANSFER REQUEST. The transfer request must include the appropriate
application, documentation and the processing fee as outlined in 15A NCAC
02H.1045(2). This request must be submitted within 90 days of the permit holder
meeting one or more of the following:
i. A natural person who is deceased;
ii. A partnership, limited liability corporation, corporation, or any other
business association that has been dissolved,
iii A person or entity who has been lawfully and finally divested of title to the
property on which the permitted activity is occurring or will occur through
foreclosure, bankruptcy, or other legal proceeding
iv A person or entity who has sold the property, in whole or in part, on which
the permitted activity is occurring or will occur, except in the case of an
individual residential lot sale that is made subject to the recorded deed
restrictions and protective covenants,
V. The assignment of declarant rights to another individual or entity,
vi. The sale or conveyance of the common areas to a Homeowner's or
Property Owner's Association, subject to the requirements of NCGS 143-
214.7(c2),
TRANSFER INSPECTION. Prior to transfer of the permit, a file review and site
inspection will be conducted by Division personnel to ensure the permit
conditions have been met and that the project and the on -site stormwater system
complies with the permit conditions. Records of maintenance activities performed
to date may be requested. Projects not in compliance with the permit will not be
transferred until all permit and/or general statute conditions are met.
5. COMPLIANCE. The permittee is responsible for compliance with the terms and
conditions of this permit until the Division approves the transfer request.
a. APPROVED PLANS AND SPECIFICATIONS. A copy of this permit, approved
plans, application, supplement, operation and maintenance agreement, all
applicable recorded documents, and specifications shall be maintained on file by
the permittee at all times
Page 4 of 5
State Stormwater Management Systems
Permit No. SW8 940820
b. DIVISION ACCESS. The permittee grants Division Staff permission to enter the
property during normal business hours to inspect all components of the permitted
project.
C. ENFORCEMENT. Any individual or entity found to be in noncompliance with the
provisions of a stormwater management permit or the requirements of the
stormwater rules is subject to enforcement procedures as set forth in NCGS 143
Article 21.
d. OBTAINING COMPLIANCE. 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 modified plans and
certification in writing to the Director that the changes have been made
e. OTHER PERMITS. The issuance of this permit does not preclude the permittee
from complying with and obtaining any other permits or approvals that are
required for this development to take place, as required by any statutes, rules,
regulations, or ordinances, which may be imposed by any other Local, State or
Federal government agency having jurisdiction. Any activities undertaken at this
site that cause a water quality violation or undertaken prior to receipt of the
necessary permits or approvals to do so are considered violations of NCGS 143-
215.1, and subject to enforcement procedures pursuant to NCGS 143-215.6.
6. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater
system must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual
Permit renewed, updated and reissued this the 16th day of November 2021
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Brian &L4irect r
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 5 of 5
Attachment C - Permitting History
Northchase Williamsburg Place
Permit No. SW8 940820
Approval
Permit
BIMS
Description of the Changes
Date
Action
Version
Original
10/5/1994
1.0
Approval
2/6/2006
Modification
1.1
Maintenance of pond
violations
Transferred from Ryals
7/20/2006
Transfer
1.2
Inveestments, LLC to
Northchase Homeowners
Association, Inc.
11/16/2021
Renewal
2.0
Project Name:
Project Location:
Northchase (Williamsburg Place)
Northchase Parkway West
Maintenance records shall be kept on the following SCM(s). This maintenance record shall be kept in a log in a known set location.
Any deficient SCM elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can
affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the SCM(s).
The SCM(s) on this project include (check all that apply & co
Infiltration Basin
Quantity:
Infiltration Trench
Quantity:
Bioretention Cell
Quantity:
Wet Pond
Quantity:
Stormwater Wetland
Quantity:
Permeable Pavement
Quantity:
Sand Filter
Quantity:
Rainwater Harvesting
Quantity:
Green Roof
Quantity:
Level Spreader - Filter Strip
Quantity:
Proprietary System
Quantity:
Treatment Swale
Quantity:
Dry Pond
Quantity:
Disconnected Impervious Surface
Present:
User Defined SCM
Present:
Low Density
Present:
O&M sheets will
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s):
Location(s)
Type:
CLICK TO UPDATE O&M MANUAL
I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed for
each SCM above, and attached O&M tables. I agree to notify NCDEQ of any problems with the system or prior to any changes to
the system or responsible party.
Signature:
Responsible Party:
Title & Organization:
Street address:
City, state, zip:
Phone number(s):
Email:
Randy Norris
CEPCO/CEO/Owner
1628 Doctor's Circle
Wilmington, NC 28401
910-395-1500 ext
Date:
nno a Notary Public for the State of p Ali r1�
County of (�n.nbu , do hereby certify that /RQnAkR.e.-.%
personally appeared before me this aRCi day of /y1,3Ve,& &e ad A/ and
acknowledge the due execution of the Operations and Maintenance Agreement.
Witness my hand and official seal, / [/i . *4&J- JJ/(A"O
c�s ik LV 2j0/��i
NOTARY _
PUBLIC
1 �v
Seal M
l
y commission expires 4cgo
STORM-EZ
Version 1.5 9/13/2021
O&M Agreement Page 1 of 1
NC DEQ Division of Energy, Mineral and Land Resources
STATE STORMWATER:
PERMIT RENEWAL APPLICATION FORM
In accordance with 15A NCAC 2H 1045(3)the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFORMATION
1. State Stormwater Permit Number: SW8 940820
2 Project name: Williamsburg at Northchase
3 Project street address: Northchase Parkway
City: Wilmington County: New Hanover
ZIP: 28405
4. What, if any, changes have been made to the project as permitted? None
It the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https.//deg nc gov/about/divisions/energy-
mineral-land-resources/energy-mineral-land-rules/stormwater-program/post construction.
B. PERMITTEE INFORMATION
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https://dea nc gov/about/divisions/energv-mineral-land-
resources/energv-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: Northchase HOA
2. Signing Official's Name: Carlton Norris Csll=g .'
I�
3. Signing Official's Title: President _ NOV 10 2021
4. Mailing Address: 1628 Doctors Circle
City: Wilmington State: NC ZIP
28401
5 Street Address:
City: State: ZIP: _
6. Phone (_) Email:
Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018
C. SUBMITTAL REQUIREMENTS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
1. A permit application processing fee of $505.00 payable to NCDEQ
2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation — a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
x 4. O&M Agreements, Please select one:
[ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Designer Certifications, Please select one:
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
6. (IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
7. (IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
httl)s://www.sosnc.gov/online services/searches title/ Business Registration
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018
'4
D. PERMITTEE'S CERTIFICATION
1. candle N OR.Ki S , the person legally responsible for the permit, certify that I have
a copy of the Permit and O M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct and coo; e e
Signature: Date:
NOTARIZATII,ON/-�
I, /.,//elj SSR. i� �OD/e nn a Notary Public for the State of
/UGrAA — & r64i .A County of C'O%am,6%c , do hereby certify
that
personally appeared before me
this the day of /Udzce � 20_�, and acknowledge the due
exec\tiph5%9101 / ping instrument. Witness my hand and official seal,
(A1oiary e&ARY =_
PUBLIC —
=n c,Z:
I�dE Signature: .. _tLi �_
My commfsslon k�ires
Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018
Permit No. 5LA)?9410YZ99
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may he photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT
Project Name:
ATION
)"11:h»llslur.
C. ro,J�as f%C�1�se�
Contact Person: Chri 5 Ch 2r rI O (C — GCoi Phone Number. 0 IU)
For projects with multiple basins, specify which basin this worksheet applies to:
elevations
Basin Bottom Elevation
Permanent Pool Elevation
Temporary Pool Elevation
(floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area J // t?m sq. ft. (water surface area at the orifice elevation)
Drainage Area ac. (on -site and off -site drainage to the basin)
Impervious Area 5 OW . at (on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume
cu. ft.
Temporary Pool Volume cu. ft.Forebay Volume 1' — cu. ft.
Otherporameters
SA/DAI
Diameter of Orifice
Design Rainfall
Design TSS Removal 2
FOFM SIAU-102 Rev 3.99
(combined volume of main basin and forebay)
(volume detained above the permanent pool)
(approximately 20•� of total volume)
(surface area to drainage area ratio f om DWQ table)
/ S in. (2 to S day temporary pool draw -down required)
I in.
rQ % (minimum 85% required
Page I of 4
Footnotes:
When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
✓ a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
Ni} b. The forebay volume is approximately equal to 20% of the basin volume. P r' r ✓ %+ f T q
✓ c. The temporary pool controls runoff from the design storm event.
✓ d. The temporary pool draws down in 2 to 5 days.
e. If required, a 30-foot vegetative filter is provided at the outlet (include non -erosive flow
calculations) - g7074 %-55 ic5,AL
f. The basin length to width ratio is greater than 3:1.
g. The basin side slopes above the permanent pool are no steeper than 3:1.
h. A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). •S
i. Vegetative cover above the permanent pool elevation is specified.
j. A trash rack or similar device is provided for both the overflow and orifice.
k. A recorded drainage easement is provided for each basin including access to nearest right-
of-way.
1. If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
in. A mechanism is specified which will drain the basin for maintenance or an emergency.
(fir¢ -1995 p nd . lkm s not fleyP?/'8d
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided. /
This system (check one) 0 does (foes not incorporate a vegetated filter at the outlet.
This system (check one) 0 does does not incorporate pretreatment other than a forebay.
Form S WU-102 Rev 3.99 Page 2 of 4
Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.).
The measuring device used to determine the sediment elevation shall be such that it will give an accurate
depth reading and not readily penetrate into
//accumulated sediments.
When the permanent pool depth reads T feet in the main pond, the sediment shall be removed.
When the permanent pool depth reads AI— feet in the forebay, the sediment shall be removed.
Sediment Re oval EL
Bottom Ele ation
FOREBAY
BASIN DIAGRAM
ill in the blanks)
Permanent Pool Elevation a7.0
--------------------------------------
Sediment Removal Elevation � /• 6
Bottom Elevation
MAIN POND
75%
25%
5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
the emergency drain shall be minimized to the maximum extent practical.
Form SWU-102 Rev 3.99 Page 3 of 4
RECEIVED MAY j:2 2006
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Date: L to"
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
a Notary Public for the State of c
County of IyP W 1 FAI-�o\/ y, , do hereby certify that C /1 ��D (� r • �' �'lG T �i i
personally appeared before me this S_ day of a� , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,
y'•AUe�ICi
••V��
Or,_
.......
SEAL
My commission expires l 0y
Form SWU-102 Rev 3.99 Page 4 of 4
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NorthChase-Williamsburg Place
New Hanover County
Stormwater Project No. SW8 940820
Engineer's Certification
a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of
the project,
j�(Ck-Ce (Project)
for ads [ ''es� `f t" L' C (Project Owner) hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the project construction such that the construction
was observed to be built within substantial compliance and intent of the roved plans and spec
4A„1 A A •, A
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Signature SE AI
e00d-7 z000�
Registration Number F 61 N E..d' `9
Date �''•uuu,,.�a�`��
cL�GC�n(-
`pt�"
[�� 29 4� [�c�xcC�s % 2---EeoL 2 ` ► 0 5 ate: �aL a
reification Requirements:
✓. 55.
✓ o•
CC.
State Sion, lwa'er Management Sj'src;ts
Permit No. SW
5c c� 8 1__U 8 �
U
The drainage area to the system contains approximately the permitted acreage.
The drainage area to the system contains no more than the permitted amount of built -upon area.
All the built -upon area associated with the project is graded such that the runoff drains to the system.
The outlet/bypass structure elevations are per the approved plan.
The outlet structure is located per the approved plans.
Trash rack is provided on the outlet/bypass structure.
All slopes are grassed with permanent vegetation.
Vegetated slopes are no steeper than 3:1. 2 i ( 'ice eii
The inlets are located per the approved plans and do not cause short-circuiting of tli system-_..:.
The permitted amounts of surface area and/or volume have been provided.
Required drawdown devices are correctly Sized per the'approved plans.
All required design depths are provided.
All required parts of the system are provided. such as a vegetated shelf; and a forebay.
T he a aerall dimensions of the system, as shove on the approved plans, are provided.
NCDM,M DWQ Regional Office
Tony Roberts, New Hanover County Building Inspector
f
nU;y
BOOK Pt„E
STATE OF tUri1 4AROLINI0 1 4
DECLARATION OF RESTRICTIONS
OF WILLIAMSBUItG PLACE
COUNTY OF NEW HANOVER (D* (V..N *� air
THIS DECLARATION, made this the Igh day of March , 1996,
by WILLIAMSBURG PLACE, LLC, herein referred to as "Developer";
�Sq� W ITNESSETH:
00008et Wherea,., Developer is the developer and owner of certain
property lccated at North Chase, in Cape Fear Township, New Hanover
County, North Carolina as is hereinafter described; and
Whereas, the Developer has determined that it would be in the
best interest of the present and future -owners -of _units within the
subdivision to record in the Register of Deeds of New Harover
County, North Carolina, a Declaration of Restrictions of
WILLIAMSBURG PLACE;
Fiw THEREFORE, the Developer hereby declares that all of the
properties described herein shall be held, sold, and conveyed
subject to the following easem-nts, restrictions, covenants, and
conditions which are for the purpose of protecting the value and
desirability of, and which shall run with the real property, and be
binding on all parties having any right, title, or interest in the
said properties or any part thereof, their..heira. _successors_ and_.
assigns', and shall inure to the benefit of each owner thereof.,,,
1. SCOPE Or DECLARATION This Declaration of Restrictions shall
apply to all unite of all phases in WILLIAMSBURG PLACE which shall
total sixty unite, the first phase of which is in Map Book ,L at
Page of the New Hanover County Registry. 0 Ae erein
provided, the term -Subdivision- shall apply to all phases of
WILLIAMSBURG PLACE.
2. UNIT USE No unit located within the subdivision shall never be
used for manufacturing, or commercial purposes, it being intended
that all units shall be used for residential purposes only;
provided that the Developer may use a unit as it sales office and
Owners may use a room in a unit for a business or professional
purpose but still can not put up any sign or other advertising of
such upon or in the unit. Developer reserves the right to
construct apartments, duplexes, triplexes, or any other type of
multi -family residential development as allowed by law.
3. SETBACK REQUIREMENTS Since the establishment of standard
inflexible building setback lines for the location of unite tends
to force construction of unite directly to the aide of other unite
with detrimental effects on privacy, views, preservation of
important trees and other vegetation, ecological, and related
considerations, no specific setback lines are established by these
restrictions. In order tc assure, however, that the foregoing
considerations are given maximum effect, the Developer reserves the
right to control and approve absolutely the site and location of
any structure within the project.
C. TEMPORARY STRUCTURES AND OTHER STRUCTURES No structure of a
temporary character, trailer, basement, .Sent., Ahar.k. narane
apartment, barn, or other outbuilding shall be erected or used as
a residence. This restriction shall not be applicable to n
temporary construction trailer used by a builder while a residence
is being built on the unit, so long as such trailer is not used as
a residence or living quarters.
200y 1015
N.AIlT;FNANes OF UNIT, NUISANCES :.t shall be the duty of ea ,-h
homeowner to keep hill cr her property in a neat and tidy condition,
well maintained, with no unsightly debris or litter or the like in
view. No homeowner shall place outside his unit, any kind of
statue, sculpture, -object d'art", yard decoration, artif:.cial
wildlife, or any other similar type of object. No noxious or
offensive trade or activity shall be carried on or maintained in
any unit, nor shall any activity be conducted which constitutes an
annoyance or nuisance to the neighborhood.
G. ANIMALS No animals, livestock, or poultry of arty kind nhal-' be
raised, bred, or kept in ally unit in the subdivision, Wkept that
doge, cats, or other household pets may be kept for the purpose cf
providing companionship for the private family. Animals are not to
be raised, bred, cr kept for commercial purpose's or for food. it
is the purpose of these provisions to restrict the use of any unit
and the yards so that no person shall quarter in said units cows,
horses, bees, hogs, sheep, goats, guinea fowls, chicks, geese,
rabbits, chickens, turkeys, skunks, snakes, or any other animal
that may interfere with the quietude; health, or safety of the
community. No more than four (4) household pets will be permitted
in any unit. Pets must be restrained or confined within the unit.
It is the pet owner's responsibility to keep their unit and the
yards clean and free of pet debris. All animals must be properly
tagged Io: identification, and further, must be kept on a leash
unless such animal is confined within a fenced area. when such
animals are not confined within a fenced area it: is the pet owner's
responsibility to remove any pet debris left by their pet upon any
of the yards or common areas within the subdivision. Any costs
incurred by the other unit owners or the Association as hereinafter
--------set out,- for the removal of pet debris -,.left _.by th"et of a unit
owner upon any yard or upon any part of the common areas,e a e ------
a charge against the pet owner's unit and shall be assessed against
that individual unit owner as a special assessment and subject to
the regulations regarding liens and assessments as hereinafter set
forth.
7. FENCED AREAS AND LIMITED COMMON AREAS Developer may construct
a fenced area or fences within the development. Depending on the
final architectural layout of the units as constructed, some of
these fenced areas may be located within the boundaries of the
yards conveyed to the adjacent unit owner, while some of
the fenced areas may be located on common areas owned by the
Association an hereinafter described. In the event that sucli
fenced areas shall be constructed on common areas, ouch areas shall
become "Limited Common Areas" which shall mean such common areas,
although owned by the Association, shall be reserved solely for the
use of the owner of the adjacent unit, to the exclusion of the
owners of the othe_ units within the subdivision. The fences
surrounding these areas shall be maintained by the' Association as
hereinafter described, however, maintenance of the areas within the
fences shall be the responsibility of the owner of the adjacent
unit, Developer may construct additional fencing in the yards
subject hereto, and such fencing shall be maintained by
the Owners' Association.
6. UTILITY EASEMENTS The Developer reserves for itself, its
successor&, and assigns, an casement in and right at any time in
the future to grant a right -of way under, over, and along the side,
rear, and front property lines of each and every parcel in the
Subdivision, far the installation and maintenance of pDles, lines,
conduits, pipes, and other equipment necessary to or useful or
firninhinrr elerrrir fv.wo r, gas. rele-hone zervice, _1_
television, or other utilities including water and sewer service
and drainage. Also, easements for drainage and utilities are
reserved as shown on the recorded plat of the Subdivision.
Developer reserves the right to male changes in and additions to
the above easements for the purpose of most efficiently and
economically installing improvements.
UNIT GRADING The general grading, slope, and drainage plan:f
yard may not be altered without the express written appro,al of
2003 1016
%he New Hano ier County authorities and the Homeown era Association.
and any other appropriate agencies having authority to grant Such
approval.
10. EXTERIOR MAINTENANCE Each unit owner shall maintain the
exterior of all buildings, walls, and other improvements in good
condition and repair, and shall replace worn and damaged parts and
shall regularly repaint all painted surfaces and shall not permit
the roofe, rain gutters, downrpnrts, exterior walls, windows,
doors, or other exterior portior.s of the' improvements to
deteriorate in an unattractive manner. The maintenance referenced
herein shall be supervised and regulated by the WILLIAMSBURG PLACE
OWNERS ASSOCIATION, INC. In the event that a unit owner shall fail
to comply with these maintenance requirements, the Association is
hereby expressly authorized, and the unit owner hereby expressly
agrees, that said maintenance and/or repair may be effected by the
said Association with the expenses incurred for the same to be
assessed against the individual unit owner as a special assessment
and subject to the regulaticna regarding liens and asue:ssments an
herein set forth.
The owners of each unit shall be responsible for the repair
and replacement of the roof on that owners' unit, and the
A3noCiation shall not be required to provide such repair or
repiacemer.l. In the event that there are two or more unite served
by a single roof structure, the owners of the unite served by such
single roof structure shall be joinrly responsible for ouch roof
repair or replacement. If the areas of the roof serving two or
more unite are not equal in size for each unit thereby served, then
the coats of the roof repair or replacement shall be divided pro
rate based on. the agtual,roof area serving each unit in reldticn to
the roof area of the entire structure. - -----
11. LANDSCAPING MAINTENANCE All front, side, and backyard areas,
not otherwise fenced in shall be maintained by the WILLIAMSBURG
PLACE OWNERS ASSOCIATION, INC. No landscaping other than that
provided by the Developer and/or the Association shall be allowed,
except inside those areas designated on the plat as "Owner
Maintained Areas."
12. DIRECTIONAL SIGNS The Developer reserves for itself, its
successors and aesigns, a temporary easement to place directional
signs upon any of the yards 1n said Subdivision, in order to anoint
prospective purchasers in locating other unite which are for vale
in the Subdivision. The right to place and maintain such signs
shall terminate six (6) yearn from the date of thin instrument.
13. STREET LIGHTING The Developer reserves the right to subject
the real property in t..ie Subdivision to a contract with Carolina
Power 4 Light Company for the installation of underground electric
cables and/or the installation of street lighting, either or both
of which may require an initial payment and/or a continuing monthly
payment to Carolina Power 6 Light Company by the Homeowners
Association.
14. MAILBOXES AND NEWSPAPER BOXES Each unit in the Subdivision
shall have one (1) mailbox and one (1) newspaper box, and these
boxes shall be maintained in a cluster box arrangement, which will
be provided by the Developer. The maintenance of such boxes shall
be the responsibility of the Owners' Association as hereinafter
provided.
15 WINDQN rny_vRYuna To '_^e_re coneiatcncy and attracti.crcto
within the Subdivision, white mini -blinds must be installed in all
of the windows of all homes within ten (10) days of occupancy, such
that the total view of all windows from the outside of the house is
white mini-blinde. window treatments inside of the house nDd not
visible from the outside of the house or unit are ir. the discretion
of the owner.
16. EXTERIOR ANTENNAE Exterior televinion or radio antennae, or
television or radio satellite dishes are not permitted within the
BOOK Pt•CE
7
zoos
17. CLOTHESLINES The outdoor drying or airing of clothes and t`.e
erection of outdoor clotheslines or similar devices in any lard -.n
the Subdivision shall be subject to the approval of thO Developer,
or Homeowners Assoc:iaticn and then only when thoroughly concealed
or screened from public view within a fenced yard area.
18. MEL TANKS AND STORAGE RECEPTACLES No fuel tanks or aim-.lar
storage receptacles located in any yard may be exposed to public
view. Any such receptacles must be installed only within a fenced
area adjacent to the unit which it serves.
19. WATER AND SEWAGE
(a) All water to be used in the Subdivision for domentic
purposes shall be obtained from the New Hanover County water
system. A.i eight (8) foot radius from each water meter shall be an
easement for maintenance and repair of such meter. Additionally,
the front ten (10) feet of each yard is hereby reserved for utility
easements.
(b) Sewage disposal systems shall be only into the New
Hanover County sewage collection system.
20. ACCESS, MAINTENANCE, AND CONSTRUCTION EASEMENTS
(a) The Association, acting through its officers, agents,
servants, and/or employees shall have the right of unobstructed
access at all reasonable times to all properties as may be
reasonably necessary to per-form_the ,exterior maintenance provided
for by this Declaration.
(b) Easements are reserved over those-p`oitioge of [he Common
Areas and Limited Common Areas and facilitfee _that may be necessary
or required to accommodate overhanging eaves bi:other cantilevered
construction which may encroach upon the dommon Areas or Limited
Common Areas, or the air and light space above such Common Areas.
(c) Each unit and all Common Areau and facilities and
Limited Common Areas are hereby subjected to an easement for the
repair, maintenance, expansion, reduction, inspection, removal,
relocation, or other service of or to all gas, electricity, cable
television, telephone, water, plumbing, sewer, utility, drainage,
or other Common Areas and facilities, whether or not the cause of
any or all of those activities originates on .or in the unit in
which the work must be performed.
(d) Each ut .t, and the property included in the Common Area
shall be subject to an easement for encroachmente created by
construction, settling, and overhangs for all buildings constructed
by Developer. A valid easement for such encroachments and for the
maintenance of same, so long as such encroachments stand, shall and
does exist. In the event that any structure containing two or more
unite is partially or, totally destroyed and then rebuilt, the
owners of the unite so affected and other adjacent units agree that
minor encroachments of or on parts of the adjacent units or yardu
or Common Areas due to construction shall be permitted, and that a
valid easement for said encroachment and the maintenance
thereof shall and does exist.
Is) In the event that ingress of egress to any un:.t is
through or across any common areas, such common areas sire hereby
subjected to an access easement for such owners, ingress, egress
and regress to ana from such unit.
If) All easements and rights described herein are easements
appurtenant, running with the land, and shall be binding on the
Developer, its successors and assigns, and any owner, purchaser,
morr.gagee, and other person having an interest in said lard, or any
part or portion thereof, regardless of: whether or not reference to
said easement is made in the respective deeds of conveyance, or i:,
BOOK PACE
2003 1018
my mortgage or trust deed or other evidence of obligation, to the
easements and rights described in this Declaration.
21. OWNERS ASSOCIATION
(a) To provide for the maintenance, repair, upkeep and
replacement of the subdivision sign, streets, pool, sewer,
irrigation system, if any, mail and paper boxes, street signs,
walkways, parking areas, storawater facilities, other amenities,
common areas, and, except as herein provided, the yard areas of the
unite in the Subdivision, the Developer has formed the WILLIAMSBURG
PLACE OWNERS ASSOCIATION, INC., a non-profit corporation organt.zed
pursuant to Chapter 55A of the General Statutes of North Carolina.
The Association shall also be responsible for providing any
necessary liability insurance. The Articles of Incorporation for
said corporation are recorded in Book , at Page of the
New Hanover County Registry. The By -Laws or said corporation are
attached hereto as Exhibit "A•, and are incorporated herein by
reference.
(b) Every owner of a fee simple title to a unit within the
Subdivision shall be deemed to own, possess and have accepted:
(2) A Class "A" membership(s) in the WILLIAMSBURG PLACE
OWNERS ArsOCiATION, INC., (Association), appurtenant to his
unit(s)i
(2) An undivided equal interest with all other owners,
for each membership in the Association owned, in the Association
and all of its assets;
(3) A right and easement of enjoyment_, -equal t-0 itat Of
all other owners, in and to the common areas and Amenities,' which
is appurtenant to the title to each unit, subject to;the right of
the Association to dedicate or tranafer all or any part of .the
common areas and amenities, for such purposes and subject to such
conditions as the Association may determine, acting by aril pursuant
to the provisions of its duly enacted By -Laws.
(4) The duty of complying with and abiding by all of the
provisions of these Articles, the By -Laws of the Aueoclation and
the Rules and Regulations of the Association, including the payment
of dues and assessments as provided elsewhere herein.
(c) The Association shall have two classes of voting
membership:
Class A Member: Class A members shall be the owners of unite in
WILLIAMSBURG PLACE, e:.cept for the Developer until its ,)Class B
membership has converted to Class A membership. Each Class A
member shall be entitled to one vote for each unit so o:med. When
more than one person holds an interest in any unit, the vote for
such unit shall be exercised as the owners of the unit may among
themselves determine, but in no event shall more than one vote be
cast with respect to any such unit.
Class a Member: The Class B member, shall be the Developer, and it
shall be entitled to three (3) votes for each unit planned or owned
by it. The Class B membership shall cease and . be converted io
Class A membership upon the occurrence of either of the following
events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A
membership exceeds the total votes outstanding in the Class B
membership, or
(b) on December 31, 2002.
22. LIENS AND ASSESSMENTS The Association has heretofore been
given the authority to administer the operation and management of
the common areas and the amenities of the property, it being
recognized that the delegation of such duties to one entity is in
BOOK PALE
2003 1019
the bent interests of the owners of all units subject hereto to
properly administerthe operation and management of the common
areas and amenities. The Association will incur, for the mutual
t,enefit of all the owners of such units, costs and expenses
uometimea herein referred to as "common expenses•. To provide the
funds necessary for such proper operation, management and capital
improvement, the Association has heretofore been granted the right
to make, levy and collect assessments against the members o: the
Association. and their unite. In furtherance of this grant of
authority to the Association to make, levy and collect assessments
to pay the coots and expenses for the operation of, the management
of, and for capital improvements to the common areas, which for the
purposes of these By -Laws shall be deemed to include, but not be
limited to, the crvmnon areas and amenities, and all other
improvements, the following uhall be operative and binding upon the
owners of all unite:
(a) The owner of any unit subject hereto, with the exception
of the Developer, by acceptance of a Deed therefor, whether or not
it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association:
(1) annual assessments or charges; and
(:) special assessments for capital improvements, or
reserves for such, or special assessments as established by the
Board of Directors of the Association, such asseesmenty to be
established and collected as hereinafter provided.
(b) The annual and special assessments, together with the
— ---interest, coots, and reasonable.attorney's fees,_ if..eny,. she he
a charge on the unite and shall be a continual licit ypon!saell,un`i.t
against which they are levied. Each such aesensment,'.t ,other with ,-
interest, coats and reasonable attorneys fees, shall:, also be the
personal obligation of the person or entity who is:the owner of
ouch unit .at the time when the assessment falls due. The personal
obligation for delinquent assessments shall not .pass to any
successor in title unless expressly assumed by such successor.
(c) The Developer shall not be required to pay regular annual
or special assessments on any unit owned by it prior to its sale.
(d) The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety and welfare
of the residents in the properties and for the improvement,
maintenance, and repair of all easements, utilities, stormwater
facilities, including ponds, irrigation system, subdivision signs,
mail and paper boxes, yard areas, parking areas, walkways,
amenities, and the otl.ir common areas, as herein provided. The
funds arising from said assessments or charges, may be used for any
or all of the following purposes: Maintenance, repair, and,
improvement of the common areas, irrigation system, if any,
drainage and utility easements, stormwater facilities (including
panda), and rights of ways; maintenance of the parking areas,'
walkways, amenities, and yard areas as herein provided, enforcing
these restrictions, and, in addition, doing any other things
necessary, proper, or desirable in the opinion of the Association
to keep the property in neat and good order and to provide for the
health, welfare and safety of the owners and residents of the
subdivision.
(e) The annual assessments for each calendar year shall be
established by the Board of Directors, and may be increased by the
Board of Directors for any calendar year without approval by the
membership by an amount not to exceed ten percent (10%) of the
maximum annual assessment of the previous year. The maximum annual
assessment for any calendar year may be increased without limit by
a vote representing members holding two-thirds (2/3) of the votes
who are voting in person or by proxy at a meeting called for this
purpose.
(f) In addition to the annual assessments authorized above,
2001 1J20
the Assc=iaticn may levy, in any calendar year, a special
assessment for the purpose of defraying in whole or in part, the
costs cf any construction, reconstruction, repair or replacement l:f
a capital improvement iotated any place within the tom win areas,
provided that any such assessment shall have the assent of members
representing two-thirds 12/3) of the votes who are voting in peracn
or by proxy at a meeting duly called for this purpose. All special
assessments shall be fixed to the uniform rate for all un:.te and
may be collected on a monthly basis.
(g) Written notice of any meeting called for the purpose of
taking any action authorized under Paragraph 22(e) or. Paragraph
22(f) set forth above shall be sent to all members not less that
ter, (10) days nor more than (30) days in advance of the meeting.
At the first such meeting called, the presence of members or of
proxies -entitled to cast a majority of all votes of the0owners of
units shall constitute a quorum. If the required quorum is not
present, the meeting may be adjourned to a time not more than
forty-eight (48) hours from the tine the original meeting was
called, or another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting
shall be one-half (1/2) of the required quorura of the preceding
meeting. No such subsequent called meeting shall be held more than
thirty (30) days following the preceding meeting.
(h) The annual assessments provided 'for herein'- shall be - -
collected on a quarterly basis and shall commence as to all units
in the Subdivision on the first day of the month following
recordation of the Declaration of Restrictions for the subdivision.
The first annual assessment shall be adjusted according to the
- - number of months remaining in.the Calendar_. year. Upon the clawing
of transfer of a unit subject hereto, there iha),l,be,ai:apsesam-ent
due for the remainder of the quarter ih which'tlieJ.ciae;ri$.oSyCys,.
plus the amount of the assessment due*for"the Idi'lowifiy'quAYter.
(i) Any assessment not paid within thirty, (30) days after the
due date shall bear interest at the rate of eighteen percent'(lst)
per annum from the date due until paid. The Association may bring
an action at law against the other owner personally obligated to
pay the same or foreclose the lien against the unit and interest,
costs, and reasonable attorney's fee of Such action or foreclosure
Shall be added to the amount of ouch assessment.
(j) The lien herein granted unto the Association Shall be
enforceable from and after the time of recording a claim of lien in
the public records of New Hanover County, North Carolina, which
claim shall state the description of the unit encumbered thereby,
the name of the .record owner, the amount due and the date when due.
The claim of lien stall be recordable any time after default and
the lien shall continue in effect until all sums secured by said
lien as herein provided shall have been fully paid. Such claims of
lien shall include only assessments which are due and payable when
the claim of lien is recorded, plus interest, COOLS, and attorney's
fees thereon, all as above provided. Such claims of lien shall be
signed and verified by an officer or agent of the Association.
Upon full payment of all sums secured by such claim of lien, the
same shall be satisfied of record. The lien provided for herein
shall be subordinated to the lien of any first mortgage or Deed of
Trust and any person, firm, corporation or other entity acquiring
title to any unit by virtue of any foreclosure, deed in lieu of
foreclosure or judicial sale, shall be liable and obligated only
for assessments as shall accrue and become due and payable
subsequent to the date of acquisition of such title, and it shall
not be liable for the payment of any assessments which were in
default and delinquent at the time it acquired such title. In the
event of the acquisition of title to a unit by foreclosure, deed in
lieu of foreclosure or judicial Sale, any assessment or assessmeents
as to which the party so acquiring title shall not be liable shall
be absorbed and paid by all owners of all units as part of the
common expenses, although nothing herein contained Shall be
construed as releasing the party liable for such delinquent
assessment from the payment thereof or the enforcement of
NYC
200e 1021
co`lection of ouch payment by means other than foreclosure.
(k) The lien of the assessments provided for herein shall be
subordinate to the lien of any first mortgage or deed of trust.
The sale or transfer of any unit shall not affect the assessment
lien. However, the sale or transfer of any unit pursuant to
mortgage or deed of trust foreclosure or any proceeding in lieu
thereof, shall extinguish the lien of auch assessments as to
payments which.became due prior to such sale or transfer. No sale
or transfer shall relieve such unit from liability for any
assessments thereafter becoming due or from the Den thereof.
(1) Mortgagees or deed of trust trustees or beneficiaries are
not required to collect assessments, and the failure of the owner
to pay assessments shall not constitute a default under a mortgage.
(m) Upon the sale of seventy-five percent (75%) of all of the
unite in all sections or phases of the Subdivision, the Developer
will turn over control of the Owner's Association to the Board of
Directors to be elected by the membership in accordance with the
By -Laws of the Association. Until such time, however, the
Developer shall elect the Board of Directors of the Association.
23. CONVEYANCE OF COMMON AREAS TO ASSOCIATION The Developer
shall convey to the Association, free and clear of all
encumbrances, the cotmnon areas and limited common areas as shown on
the plat of that phase as recorded !n the New Hanover county
Register of Deeds.
24. CONVEYANCE, MORTGAGE, AND DEDICATION OF COMMON AREAS The
- — common areas and limited common _areas.. ma y..,.nOt__b_e._Co0_v_eyed,. _-- -.
mortgaged, or dedicated without the consent of at lEaat.iadVity-
- -
five percent (75t) of the unit owners. "'
25. RIGBT8 OF ELIGIBLE MORTGAGE HOLDERS To the extant permitted by
law, an Eligible Mortgage Holder, that is, a holder of a first
mortgage or lien on a unit who has requested notice of certain
matters from the Association, upon written request .to the
Association, identifying the name and address of the owner and
holder, will be entitled to timely written notice of:
(a) Any condemnation, lose, or casualty lose which affects a
material portion of the project or any unite on which there is a
mortgage held by such Eligible Mortg%ge Holder.
(b) Any delinquency in payment of assessments or charges owed
by an owner of the unit subject to a first mortgage held by such
Eligible Mortgage Holder which remains uncured for a period of
sixty days.
(c) Any, lapse, cancellation, or material modification of any
insurance policy or fidelity bond maintained by the Association.
(d) Any proposed action which would require the consent of a
specified percentage of Eligible Mortgage Holders.
(e) In addition to the foregoing rights, the Eligible
Mortgage Holders shall be afforded the following rights subject to
the extent permitted by law and as allowed by the North Carolina
General Statutes as they now exist or as they may be amended from
time to time.
-(1) Any election to terminate the legal status of the
project after substantial destruction. or a substantial taking in
condemnation of the project property must require the approval of
at least 75t of the votes of the owners of the unite subject to
Eligible Mortgage Holders.
(2) Unless otherwise provided in the Declaration or
Bylaws, no reallocation of interest in the common areas resulting
from a partial condemnation or partial destruction of the project'
may be affected without the prior approval of Eligible Mortgage
BOOK P:,c
2003 1022
Holders hv!ding mortgages on all remaining units or units whether
existing
noeerin such remaining unite subject to Eligibleart, and which havc at least 75% of mortgage
he votes
ofthe owners of mortgage
Holders.
26. INSURANCE It shall be the individual responsibility of each
unit owner to maintain casualty and liability insurance on his
contents of his unit. It shall be the duty of the Association to
maintain in effect casualty and liability insurance on all
improvements, including those in the common areas as follows:
(a) Amount and Scope. of Insurance: All insurance policies
upon the improvements shall be secured by the Board of Directors or
its designee on behalf of the Association in at least the amount of
replacement cost with full authority, which shall obtain su:h
insurance against (1) lees or damage by fire or other hazards
normally insured against; and (2) such other risks, including
public liability insurance:, for projects similar in constructi-xn.
However, ouch liability coverage shall be for at least
$I,Ooo,000.00 for bodily injury, including deaths of persons and
property damage arising out of a single occurrence. Coverage under
this policy shall include, without limitation, legal liability of
the insureds for property damage, bodily injuries, and deaths of
persons in connection with the operation, maintenance, or use of
the areas and legal liability arising out of .lawsuits
relating to employment contracts of the Association. The foregoirg
shall not preclude the Board frr,n obtaining insurance rpverage on
all or a portion of the limited common areas and facilities.
(b) Insurance Provisions. The Board of Directors shall make
- diligent effort to ensure that..said ineurance_pOlicies provide for
the following: -
(1) A waiver of subrogation b. the insurer as to any
claims against the Association, any officer, director., agent, or
employee of the Association, the unit owners, and their employees,
agents, tenants, and invitees.
(2) A waiver by the insurer of its right to repair and
reconstruct instead of paying cash.
(3) Coverage may not be cancelled or substantially
modified (including cancellation for nonpayment of premium) without
at least thirty days prior written notice to the named insured.
(4) Coverage will not be prejudiced by act or neglect of
the unit owners when said act or neglect is not within the control
of the Association.
(5) The policies cannot be cancelled, invalidated, or
suspended on account of the conduct of any one or more individual
unit owners.
(6) The policy cannot be cancelled, invalidated, or
suspended on account of any officer or employee of the Board of
Directors without prior demand in writing that the Board of
Directors cure the defect and the allowance of a reasonable time
thereafter within which the defect may be cared by the Association.
(c) Premiums. All insurance premiums purchased by the Board
of Directors �r its designee and any deductibles payable by the
Association upon lose shall be a common expense and the Association
shall levy against the owners equally, as an additional annual
assessment, herein called •Insurance Assessment- which shall be in
addition to the amounts provided for herein, an amount sufficient
to pay the annual coat of all such insurance premiums.
(d) Proceeds. All insurance policies purchased pursuant to
these provisions shall provide that all proceeds shall be payable
to the Board as insurance trustee or to such attorney at law or
institution with trust powers as may be approved by the Board of
Directors.
0
BOOK PACE
2003 1023
(e) policies. All insurance policies purchased by the Board
of Directors shall be with a company or companies permitted to do
business In the State of North Carolina and holding a rating of •A•
or better by the current issue of Best's Insurance Reports. All
Insurance policies shall be written for the benefit of the Board of
Directors arid the unit owners and their mortgagees as their
respective interests may appeal-, and shall provide that all
Proceeds thereof shall be payable to the Board of Directors and
duplicates of naid policiee and endorsements and all renewals
thereof, or certificates thereof, together with proof of payment of
premiums, shall be delivered to the owners at least ten (1o) days
prior to the expiration date with respect to the then current
policies.
(f) Distribution of Insurance Proceeds. Proceeds of
insurance policies shall be distributed to or for the benefit of
the beneficial owners in the following manner:
(1) Expenses of Trust. All reasonable
expenses of the insurance trustee
shall be first paid or provieione
made.therefor.
(2)
Reconstruction or Repair. The
remaining proceeds ..),all be used to
defray the coat of repairs for the
damage or reconstruction for which 0
the proceeds are paid. Any proceeds
remaining after defraying such coa0 -- ,i--- ,-- -
shall retained by the Association. ?+,
for such common expenses tit purposes
as the Board shall dntermirie.
(g) If a unit owner experiences a casualty lone the proceeds
of insurance on his unit shall be used to restore the damaged unit
to its original condition and appearance.
27. PIDELITY BONDS
(a) The Association shall maintain blanket fidelity bonds for
all officers, directors, employee3, and all other persons handling
or responsible for funds of the Association. If the Association
shall delegate some or all of the responsibility for the handling
of its funds to a management agent, such fidelity bonds shall be
maintained by such ma-agement agent for its officers, employeea,
and agents handling or responsible for funds of or administered on
behalf of the Association. .
(b) Amount of Coverage. The total amount of fidelity bond
coverage required shall be based upon beet business judgment and
shall not be lees than the estimated maximum of funda, including
reaerve funds, in the custody of the Association or the management
agent, as the case may be, at any given time during the term of
each bond. However, in no event may the aggregate amount of such
bonds be lees than a eum equal to • three months aggregate
assessments on all unite plus reserve funds.
(c) other ,tequirements. Fidelity bonds required herein must
meet the following requirements:
(1) Fidelity bonds shall name the Association as an
obligee.
(2) The bonds shall contain waivers by the insuers of the
bonds of all defenses based upon the exclusion of per -none serving
without- compensation from the definitions of -Employees', or
similar terms or expressions.
Ro c,i
BOOK PACE
2003 1024
(3, The premiums on all bonds required herein for the
Association (except for premiums on fidelity bonds maintained by a
management agent for its officers, employees, and agents) shall be
paid by the Association as a common expense.
(4) The bonds shall provide that they may not be
cancelled or substantially modified (including cancellation for
non-payment of premium) without at least ten (10) ,days prior
written notice to the Association, to any insurance trustee, and
each Eligible Mortgage Holder.
28. sTORMNATER HADM21ANCZ PLAN It shall be the responsibility of
the Association to provide the following inspections and
maintenance of the stormwater system:
(a) Periodic Inspections: Periodic Inspections shall be
provided as follows:
(1) The Association shall provide the services of a
person competent to inspect the stormwater system on a periodic
basis for catch basin and pipe blockage and detention pond
operation.
(2) The inspector shall remove any trash or deebria which
has ,collected in the catch basins, pipes, or detention ponds, and
report any more serious defects to the Association.
(3) Periodically, the ponds shall be inspected to see
that the pond level is at or below the permanent design pond level.
(b) Semiannual Inspections-: Semiannual Inepectlone-ehal_-1.-be_.—.--..-
provided as follows:
(1) At least once every six months, an inapect16n shall
be made of the detention ponds to determine' if excessive
sedimentation or plant growth has occurred.
(2) If sedimentation has occurred to the poini'that the
general elevation of the bottom of the pond is more than one foot
above the original pond bottom elevation, the sedimentation shall
be removed at least to the original pond bottom elevation.
(3) If plant growtW has progressed to the point that it
interferes with the effectiveness of the ponds, it shall be
removed. This can be accomplished by hand or mechanical means.
(4) This in-pection shall also include an inspection of
the orifice which controls the pond level after a rain.
(S) when construction has been completed, certification
by a Registered Professional Engineer will be required stating that
construction was completed in accordance with the approved plans.
(c) The net effect of the above inspection and repairs where
necessary, shall be to keep the stormwater system in good repair
and to see that the pollutant control effeotivenene is not
diminished.
(d) Any sloughing, erosion, or vegetation washout o: the
etormwater systew shall be immediately repaired to obtain the
design depth, elopes, and specifications. ,
(e) The State of North Carolina is hereby made a beneficiary
to the extent necessary to enforce its stormwater regulations as
the name may be amended from time to time.
29. AMENDMENT Except as otherwise provided herein these
restrictions may be altered, modified, canceled, or changid at any
rimv as (.o said subdivision as a whole or as to any phase or part
BOOR PACE
2003 1025
thereof by a written document, recorded in the New Hanover County
Registry, executed by the. owners (not including mortgagees,
trustees, or other lienholders) of not lees than two-thirds (2/3)
of the unite to which these restrictions apply. Developer's power
to amend this Declaration as provided herein shall not require: the
consent of the Class A members and shall be valid when signed by
the Developer and recorded in the New Hanover County Register of
Deeds.
30. VIOLATIONS If the parties hereto, or any of them or their
heirs or assigns, shall violate or attempt to violate any of the
covenants herein, it shall be lawful for the Association or any
other person or persons owning any unit situated in said
subdivision to prosecute any proceeding at law or in equity against
the person or persons violating or attempting to violate such
covenants and either prevent him or them from so doing or recover
damages or other dues for such violations.
31. INVALIDATION Invalidation of any one of these covenants by
judgment or court order shall in no way effect any of the other
covenants herein, which shall remain ir full force and effect.
32. TEP14 All covenants restrictions, and affirmative obligations
set forth in these Restrictions shall run with the land and shall
be binding on all parties claiming under them to specifically
include, but not be limited to the successors and assigns, if any,
of Developer, for a period of twenty !40) years from the date
hereof after which time all said covenants shall be automatically
extended for successive periods of ten (10) years unless an
instrument signed by the owners of a majority of the units (not
-including mortgagees- or trustees - under--deeds,--of,-;-trust)- - —
substantially affected by such changes in covenants, has- been
recorded, agreeing to change said covenants in whole or in part.
33. UNITS SUBJECT TO DECLARATION All present and future owners,
tenants, and occupants of unite and their guests and invitees shall
be subject to and shall comply with the provisions of this
Declaration, as the Declaration may be amended from time to time.
The ac:eptance of a deed of conveyance cr the entering of a lease
or the entering into occupancy of any unit shall constitute an
agreement that the provisions of the Declaration are accepted and
ratified by ouch owner, tenant, or occupant. The covenants and
restrictions of this Declaration shall inure to the
benefit of and be enforceable by the Association, or the owner of
any unit, their respective legal representative heirs, successors,
and assigns, and shall run with and bind the land and shall bind
any person having at any time any interest or estate in any unit as
though such provisions were a-ide a part of each and every deed of
conveyance or lease.
IN TESTIMONY WHEREOF, the Developer has caused this instrument
to be executed in its corporate name by its President, attested by
its Secretary, and its corporate meal to be hereunto affixed, all
as of the day and year first above written.
...... WIt* SBURO P
,fA %r •�ii� r
d� .e ,01 !�*r4 fit•, By •
M1�, i gar P. DEAN POTTER, President
++r �. .��1'Y Secretary
n •
••.... ,,,.•••V
'(¢ffRPORATE SEAL)
J
DOCK
200.E
1026
rEe cndersigned, First Cirizens Bark 4 Tnst Cc�gary, ,ta
successor to Pe,:ples Savings Bank, Inc., SSB, dcm;s here:•; sign this
dDcument for :ne purpose of consenting to and joining in the aLr•:e
Declaration of Restrictions of Williamsburg Place.
This the 14+h day of , 1996.
FIRST -CITIZENS BANK 6 TRUST C3MP1\1•
By:
ATTE T:
C2/
'As4.i JnE,Secretary
Tt`J' 1L)
lot
'tiTARE,;{Dp•'�;NORTH CARO?,INA
,F6j�►pr,. NEW tUalOVER
Vice President
RECORDCD AND VERIFIED
11".Rr ;U:.DC'S
ACCIST:it CF CE DS �✓
PF.1V NaNOVER CO NC
'96 MR 21 PM 12 14
I, a Notary Public of th- County and State aforesaid, certify
that G. A. RYALS personally came_ before me this day and
acknowledged that he is Secretary of WILLIAMSBURG PLACE, LLC, a
North Carolina Corporation, and that by authority duly given and an
the act of the Corporation, the foregoing instrument was signed in
Its name by its President, sealed with 'its: corporate seal and
attested by her as its Secretary.
Witness my hand and notarial stamp or seal, this 14th day of
March 1996. )
A�1••••'rrryrrl ' / pp
Notary Public
••1 .�sa _•� • • •£' My Commission Expires ) 11-44-98
PUBLIC 1t
STATE OF NORTH CAROLINA
COUNTY of NEW HANOVER
I, a Notary 'cablic in and for the aforesaid County and State,
do certify that �'i(-f $ -n0' IZ j t l; ( I personally appeared
before me this day, and acknowledged that he/she in Assistant;
Secretary of. FIRST -CITIZENS BANK 6 TRUST COMPANY, a North Carolina
Banking Corporation, the foregoing instrument was signed in its
name by , its Vice President, sealed with its corporate seal, and
attested by himself/herself as its Assistant Secretary.
1996.
Y71t.nens my hand and official seal this ./-7 day cf ftAACA,
'
(Official Seal)
NOTA9Y 1
PUBLIC
O rflotary P� lt3 is -
My "ommineion Expires:
STATE OF NORTH CAROLINA
New Ilanovtr County
to t'S N m/Nuunol ILFIu n/ u.•. n of,nl
la rrnl
at .