SW6210502_Deed Restriction/Protective Covenant Form_20210803

Low 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 Low Density Residential
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.
I, Benjamin A Stout acknowledge and affirm by my signature below, that I will cause the following deed
restrictions and protective covenants to be recorded for James Farm Phase 2 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 The covenants pertaining to stormwater may not be altered or rescinded without the express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 builtupon area per lot is 4500 square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries, and that portion of the
rightofway 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. 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.
9. Each lot will maintain a 30* foot wide vegetated buffer between all impervious areas and surface
waters.
10. All roof drains shall terminate at least 30* foot from the mean high water mark of surface waters.
*50 foot for p je lo�te in a 20 coastal counties.
Signature: Date: Z ?OLl
a Notary Public in the
State of
do hereby certify that CYlin'personally appeared
before me this the _ h� day of , 2 `� "6M)edge
the due execution of the foregoing instrument. 4ness my hand anOi 941ealEx'0'��0P�cP
0-T ; v
Signatur
Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 -,�� '9pri 120 ,� • ����,'
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Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances
My Commission expires 04 120 Z IS
Form DRPC-5 Rev.2 05Nov2009 Page 2 of 1