SWA000200_Deed Restriction/Protective Covenant Form_20230420

Low Density Commercial Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations,
deed restrictions and protective covenants are required for Low Density Commercial Subdivisions 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. The following deed restrictions and covenants must be recorded prior to the sale of any lot:
I, Will Derrickson, acknowledge, affirm and agree by my signature below, that I will cause the following deed
restrictions and covenants to be recorded prior to the sale of any lot within the project known as Stapleton
Subdivision.
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number , as issued by the Division of Energy, Mineral and
Land Resources under the Stormwater Management Regulations.
2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written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 3,863 square feet.
These allotted amounts include any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the water surface of swimming
pools.
7. 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.
8. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface
waters.
9. All roof drains shall terminate at least 30** foot from the mean high water mark of surface waters.
10. Each lot, whose ownership is not retained by the permittee, shall submit a separate stormwater permit
application to the Division of Energy, Mineral and Land Resources and receive a permit prior to
construction. The application shall demonstrate compliance with the maximum BUA limit and the low
density requirements set forth in 15A NCAC 2H.1000. Lots whose ownership is retained by the
permittee shall be submitted as modifications to the original permit.
11. The maximum assigned built -upon area limit shall not be exceeded on any lot, unless the permit is
modified to high density for all the lots in the permitted subdivision.
Signature: Date:
I, , a Notary Public in the State of
certify that
instrument.
County of , do hereby
rsonally appeared before me this the
day of , 20 , and acknowledge the due execution of the foregoing
Witness my hand and official seal,
Notary Signature
My Commission expires
SEAL
Form DRPC-4 Rev.3 05Nov2009 Page 1 of 1