HomeMy WebLinkAboutSW3170802_Deed Restriction/Protective Covenant Form_20220309High Density Residential Subdivisions
Deed Restrictions & Protective Covenances
In accordance with Title 15 NCAC 2H. 1 000 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.
11 Robert J. Kardos , acknowledge, affirm and agree by my signature below, that
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 SW? 70802 , as issued by the Division of Energy,
Mineral and Land Resources under the Stompwater 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 The covenants pertaining to stormwater may not be altered or rescinded without the express written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 _7,000 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, state, 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 collectiop system. Lots that will naturally drain into the system are
not required to provide these additional measures.
Signature: r�''- Date:
1, �iCiP_V, cti. P) �,� C,.f,\\
, a Notary Public in the
State of � � �-, ` ; �� , County of IM enbi L_ -
do hereby certify that e personally appeared
before me this the day of , 20, and acknowledge
e due execution of the foregoing instrument
Signatu
Witness my hand and official seal,
a
nrarARY
My Commission expires -- -t rn PUB
Form DRPC-3 Rev.2 05Nov2009 Page t of 1
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