SW3221008_Deed Restriction/Protective Covenant Form_20221024

Low Density Residential Subdivisions with Curb Outlet Swales
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for Low Density Residential Subdivisions with curb
outlet swales, where lots will be subdivided and sold. Deed restrictions and protective covenants are
necessary to ensure that the development maintains a "built -upon" area consistent with the applicable
regulation governing the density level.
I, Robert Kreisher, VP acknowledge and affirm by my signature below, that I will cause the following
deed restrictions and protective covenants to be recorded for The Estates at Marvin Branch prior to
the sale of any lot:
The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number SW3210802 _ as issued by the Division of Energy,
Mineral and Land Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
3. These covenants are to run with the land and be binding on all persons and parties claiming under
them.
4. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Energy, Mineral and Land Resources.
5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence
of the Division of Energy, Mineral and Land Resources.
6. The maximum allowable built -upon area per lot is 11,000 sf _. This allotted amount includes any built -
upon area constructed within the lot property boundaries, and that portion of the right-of-way between
the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures,
asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood
decking, or the water surface of swimming pools.
7. In the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management
calculates a different maximum allowable built -upon area for that lot than is shown herein, the
governing maximum built -upon area for that lot shall be the most restrictive of the two.
8. This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved
plan must be maintained at a minimum of 100' long with 5:1 (H: V) side slopes or flatter, have a
longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non -erosive manner,
and maintain a dense vegetated cover.
9. 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.
10. Each lot will maintain a 200* foot wide vegetated buffer between all impervious areas and surface
waters.
11. All roof drains shall terminate at least 200* foot from the mean high water mark of surface waters.
12. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is
prohibited by any persons.
*50 foot for projects located in the 20 coastal counties.
Form DRPC-6 Rev2 05Nov2009 Page t of 2

Low Density Residential Subdivisions with Curb Outlet Swales
Deed Restrictions & Protective Covenances
Signature: Date: / /3-
1, Kd;5 a T. )CZAaAc_
a Notary Public in the
State of rJo a-A4, C.4croL , County of kV9- y
do hereby certify that J70;5-crU-7- 4<17e; sGe i2 personally appeared
before me this the 13 day of _—"F4 h va K'r , 20 x-?--, and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL
Signature
My Commission expires _ 1 2-15'/ Zo Z-r,
Form DRPC-6 Rev2 O5Nov2009 Page 2 of 2