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HomeMy WebLinkAboutSW3211201_Deed Restriction/Protective Covenant Form_20211206High DensitV 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. 1, Jaime Pou , 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5.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 NIA 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: Lot # BUA Lot # BUA Lot # BUA Lot # BUA 1 5888 10 5732 19 5761 28 5674 2 5745 11 5673 20 5744 29 5733 3 5763 12 5711 21 5730 30 6498 4 5686 13 6872 22 5654 31 5201 5 5744 14 6004 23 5765 32 6570 6 5825 15 5901 24 5686 33 6484 7 5847 16 5913 25 5683 34 5175 8 7430 17 5901 26 5679 35 6478 9 5720 18 5717 27 5679 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 Form DRPC-3 Rev.2 05Nov2009 Page f of High Density Residential Subdivisions Deed Restrictions & Protective Covenances into a component of the stormwater collection system. Lots that will naturally drain into the system are not required to provide these additional measures. Signature: �� Date: 11-3o- Zf I, V-�NLyN , a Notary Public in the State of NOCZTkA C.PQ-0L1Nta County of DAV 1050Q do hereby certify that jf-\� ME Ptw personally appeared before me this the y' day of 20a � , and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, Signatu e My Commission expires SEAL KALYN LAPP PRIVE77E Notary Public, North Carolina Davidson County My Commission Expires May 25, 2025 Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2