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Home My WebLink AboutSW3200302_Deed Restrictions & Protective Covenances_4/6/2020High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Brian lagnemma of Broadstreet Homes , acknowledge, affirm and agree by my signature below, that 1 will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5.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 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following: 6. The maximum built -upon area per lot, in square feet, is as listed below: SEE ATTACHED EXHIBIT A This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including root drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the storm water collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Form DRPC-3 Rev.2 05Nov2009 Pagel of 2 High Density Residential Subdivisions Deed Restrictions & Protective Covenances Signature: Date: a? cal c., i, , afNotaarry Public in the State off ' County of_L�,�1 i�Q S_#C�►' do hereby certify that iypersonally appeared before me this the day of , 20 b , and acknowledge the due execution of the foregoing instru . Witness my hand and official seal, SEAL ignature My Commission expires +� Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 EXHIBIT A Lot # BUA [sf] Lot # BUA [sf] Lot # BUA [sf] Lot # BUA [sf] 1 3695 27 1972 53 3157 79 1972 2 3627 28 1972 54 3176 80 1997 3 3611 29 1972 55 3955 81 2282 4 3611 30 1972 56 4393 82 2149 5 3611 31 1972 57 2142 83 2149 6 3611 32 1972 58 2112 84 2174 7 3611 33 2123 59 1972 85 2211 8 3624 34 2995 60 1972 86 2162 9 3627 35 2115 61 1972 87 2187 10 3691 36 2111 62 1972 88 2167 11 3639 37 2087 63 1972 89 2139 12 3639 38 1997 64 1972 90 3668 13 3627 39 1972 65 1972 91 3627 14 3622 40 1972 66 1972 92 3633 15 3611 41 1997 67 1972 93 3608 16 3611 42 2050 68 1997 94 3608 17 3981 43 2052 69 1997 95 3608 18 3592 44 2051 70 1972 96 3608 19 3621 45 2046 71 1972 97 3617 20 3290 46 3544 72 1972 98 3280 21 3289 47 3627 73 1972 99 3457 22 3294 48 3627 74 1997 100 3306 23 3300 49 3627 75 1997 101 3643 24 3462 50 3627 76 1972 102 3628 25 3496 51 3627 77 1972 103 3691 26 2042 52 3157 78 1972 104 3627 105 3627 Hi h Densi Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, Brian la nemma of Broadstreet Homes , 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: 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 square feet. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following: 6. The maximum built -upon area per lot, in square feet, is as listed below: SEEA7TACHED EXHIBIT This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2 Hi Ih DensitV Residential Subdivisions Deed Restrictions & Protective Covenances Signature: Date: �I a Notary Public in the State of County of do hereby certify that personally appeared before me this the I 44k day of , 20,@/6 , and acknawledge the due execution of the foregoing instru en . Witness my hand and official seai, J � � J � SEAL 4'cg5na Mu ire My Commission expires Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 EXHIBIT A Lot # BUA [sf] Lot # BUA [sf] Lot # BUA [sf] Lot # BUA [sf] 1 3695 27 1972 53 3157 79 1972 2 3627 28 1972 54 3176 80 1997 3 3611 29 1972 55 3955 81 2282 4 3611 30 1972 56 4393 82 2149 5 3611 31 1972 57 2142 83 2149 6 3611 32 1972 58 2112 84 2174 7 3611 33 2123 59 1972 85 2211 8 3624 34 2995 60 1972 86 2162 9 3627 35 2115 61 1972 87 2187 10 3691 36 2111 62 1972 88 2167 11 3639 37 2087 63 1972 89 2139 12 3639 38 1997 64 1972 90 3668 13 3627 39 1972 65 1972 91 3627 14 3622 40 1972 66 1972 92 3633 15 3611 41 1997 67 1972 93 3608 16 3611 42 2050 68 1997 94 3608 17 3981 43 2052 69 1997 95 3608 18 3592 44 2051 70 1972 96 3608 19 3621 45 2046 71 1972 97 3617 20 3290 46 3544 72 1972 98 3280 21 3289 47 3627 73 1972 99 3457 22 3294 48 3627 74 1997 100 3306 23 3300 49 3627 75 1997 101 3643 24 3462 50 •3627 76 1972 102 3628 25 3496 51 3627 77 1972 103 3691 26 2042 52 3157 78 1972 104 3627 105 3627