Loading...
HomeMy WebLinkAboutSW8060338_CURRENT PERMIT_20220128STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO SW8 O`oO33W DOC TYPE g] CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 202 2 0 k 2 YYYYMMDD ROY COOPER Governor ELIZABETH S BISER Secretary BRIAN WRENN Duector January 28, 2022 NORTH CAROLINA Enytrt; m ntal Quality OLP LLC, NC Attu Sebastian Drapac, Manager/ Executive Director 1123 Zonolite Road NE Suite 30 Atlanta, GA 30306 Subject Permit Renewal Post -Construction Stormwater Management Permit No SW8 060338 Ocean Isle Palms Phase I Brunswick County Dear Mr Drapac The Division of Energy, Mineral and Land Resources received a complete 8-year Permit Renewal Application for the subject permit on January 18, 2022 The Division is hereby notifymg you that permit SW8060338 has been renewed, updated, and re -issued on January 28, 2022, as attached As requested, a copy of the current operation and maintenance agreement is also enclosed Please be aware that the renewal and re -issuance of this stormwater permit does not imply that the site is currently in compliance This permit shall be effective until November 29 2029 and does not supersede any other agency permit that may be required The project shall be subject to the conditions and limitations as specified therein This permit does not impose new or increased stormwater control requirements, it clarifies the rules and requirements of this program to provide you with a better understanding of your obligations under this permit Failure to comply with these requirements will result in future comphance problems Please note that this permit is not transferable except after notice to and approval by the Division if any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH) The written petition must conform to Chapter 150B of the North Carolina General Statutes and must be filed with the OAH within thirty (30) days of receipt of this permit You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www, NCOAH com Unless such demands are made this permit shall be final and binding If you have any questions concerning this permit, please contact Ashley Smith in the Wilmington Regional Office, at (910) 796-7215 or ashleym smith@ncdenr gov Sincerely,,}}-- v oI, �'I.�GLh..t. /' 6 3; Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures Attachment A — Designer s Certification Form Attachment C — Permitting History Renewal Application Documents Copy of the current operation and maintenance agreement DES/ams \\\Stormwater\Permits & Projects\2006\060338 HD\2022 01 permit 060338 cc Wilmington Regional Office Stormwater File D_E QZ� North Carolina Department of Environmental Quahty I Division of Energy Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 rvonnr roAauru uwrrau.�.wa..., 9707967215 Post Construction Stormwater Management Permit No SW8 060338 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES POST -CONSTRUCTION STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143 General Statutes of North Carolina as amended and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO OIP NC LLC Ocean Isle Palms Phase 1 1338 Ocean Isle Beach Road, Ocean Isle Beach Brunswick County FOR THE construction operation and maintenance of three (3) wet detention pond(s) in compliance with the provisions of 15A NCAC 2H 1000 (hereafter referred to as the "stormwater rules') and as outlined in the application approved stormwater management plans supplement calculations operation and maintenance agreement recorded documents specifications and other supporting data (the approved plans and specifications ) as attached and/or on file with and approved by the Division of Energy Mineral and Land Resources (the Division or DEMLR ) The project shall be constructed operated and maintained in accordance with these approved plans and specifications The approved plans and specifications are incorporated by reference and are enforceable part of this permit This permit shall be effective from the date of issuance until November 29 2029 and shall be subject to the following specified conditions and limitations The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification transfer renewal or rescission however these actions do not stay any condition The issuance of this permit does not prohibit the Director from reopening and modifying the permit revoking and reissuing the permit or terminating the permit for cause as allowed by the laws rules and regulations contained in Title 15A NCAC 2H 1000 and NCGS 143-215 1 et al I DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data This stormwater system has been approved for the management of stormwater runoff as described in Section 16 on page 2 of this permit The subdivision is permitted for 238 lots each allowed a maximum of 6 000 square feet of built -upon area The Amenity Center and Canoe and Kayak Club are limited to a maximum of 93 654 square feet and 2 614 square feet respectively of built -upon area Future bua in drainage areas routed to ponds #12 and 21 are allocated for 26 877 and 29,500 square feet respectively Development of the future bua requires a submittal of plans and details with approval by the Division prior to construction The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system 4 Each of the ponds is designed for 90% TSS removal therefore no vegetated filter is required Page 1 of 8 Post -Construction Stormwater Management Permit No SW8 060338 The following design elements have been permitted for the wet detention ponds 12 14 and 21 and must be provided in the system at all times Design Criteria Pond #12 Pond #14 Pond #21 a Drainage Area acres Onsite ft2 Offsite ft2 2482 1 081 159 none 51 27 2 233 321 none 2511 1 093 685 none b Total Impervious Surfaces ft2 (#)Lots at 6 000 ft2 per lot Roads/Parking ft2 Sidewalks ft2 Alleyways ft2 Canoe & Kayak Club Amenity Center ft2 Off -site Future 545 807 (69 5) 417 000 95 396 871 3 049 2 614 0 0 26,877 1 151 623 (125) 750 000 279 655 0 121 968 0 0 0 0 561 672 (43 5) 261 000 134 557 22 548 20 413 0 93 654 0 29 500 c Pond Depth ft Average Pond Depth ft 60 50 13 max 70 11 0 (max) 65 d TSS removal efficient % 90 90 90 e Design Storm, inches 1 1 1 f Permanent Pool Elev, , FMSL 3600 800 600 Perm Pool Surface Area ft2 95 110 50 491 62 543 h Permitted Storage Volume ft' 204 215 108 618 131 772 i Temporary Storage Elev FMSL 3800 990 8 Controlling Orifice D pipe 3 4 3 k Permanent Pool Volume ft' 484 740 359 604 355 575 1 Permitted Forebay Volume ft' 45 512 59 126 107 554 m Maximum Fountain Horsepower 2 1 1 n Receiving Stream/River Basin UT to Jinny s Branch / Lumber o Stream Index Number 15-25-2-16-1-(1 5) Classification of Water Body C Sw HQW II SCHEDULE OF COMPLIANCE The permittee is responsible for verifying that the proposed built -upon area on each individual lot and for the entire project does not exceed the maximum allowed by this permit The maximum built -upon area assigned to each lot via this permit and the recorded deed restrictions may not be increased or decreased by or with the knowledge of either the lot owner or the permittee unless and until the permittee notifies the Division and obtains written approval from the Division At a minimum this will require an amendment to the recorded deed restrictions and may also require a permit modification If the permittee establishes an Architectural Review Board or Committee to review plans for compliance with the Covenants and Restrictions including the lot BUA limit the plans reviewed must include all proposed built -upon area on that lot Any approval given by the Board on behalf of the permittee does not relieve the permittee of the responsibility to maintain compliance with the overall permitted built -upon area for the project nor does it relieve the individual lot owner of the responsibility to maintain compliance with the BUA limit assigned to that lot via the recorded deed restrictions The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made Page 2 of 8 Post Construction Stormwater Management Permit No SW8 060338 5 The stormwater management system shall be constructed in its entirety vegetated and operational for its intended use prior to the construction of any built -upon surface 6 All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements The final plats for the protect will be recorded' showing all such required easements in accordance with the approved plans 7 During construction erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately 8 Upon completion of construction prior to issuance of a Certificate of Occupancy and prior to operation of this permitted facility a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit the approved plans and specifications and other supporting documentation Any deviations from the approved plans and specifications must be noted on the Certification A modification may be required for those deviations 9 If the stormwater system was used as an Erosion Control device it must be restored to design condition prior to operation as a stormwater treatment device and prior to occupancy of the facility 10 Records of maintenance activities must be kept and made available upon request to authorized personnel of DEMLR The records will indicate the date activity name of person performing the work and what actions were taken 11 The facilities shall be constructed operated and maintained in accordance with the provisions of this permit the approved plans and specifications and the supporting documents attached to this permit and on file with the Division 12 The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at the design condition The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including but not limited to a Semiannual scheduled inspections (every 6 months) b Sediment removal c Mowing and re -vegetation of side slopes d Immediate repair of eroded areas e Maintenance of side slopes in accordance with approved plans and specifications f Debris removal and unclogging of structures orifice catch basins and piping g Access to all components of the system must be available at all times 13 Decorative spray fountains are allowed in the pond subject to the following criteria The minimum permanent pool volume is 30 000 cubic feet The fountain must draw its water from less than 2 below the permanent pool surface Separated units where the nozzle pump and intake are connected by tubing may be used only if they draw water from the surface in the deepest part of the pond The fountain may not be placed into the forebay The falling water from the fountain must be centered in the main pond away from the shoreline The maximum horsepower for a fountain in Pond #12 is 2 horsepower in Pond #14 is 1 horsepower and in Pond #21 is 1 horsepower 14 A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat and prior to selling lots The recorded copy must contain all of the statements above the signature of the Permittee the deed book number and page and the stamp/signature of the Register of Deeds Page 3 of 8 Post Construction Stormwater Management Permit No SW8 060338 15 Prior to the sale of any lot the following deed restrictions must be recorded a The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 060338 as issued by the Division of Energy Mineral and Land Resources under NCAC 2H 1000 b The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit c These covenants are to run with the land and be binding on all persons and parties claiming under them d 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 e Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy Mineral and Land Resources f The maximum built -upon area per lot is 6,000 square feet for 238 lots 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 g All runoff on the lot must drain into the permitted system This may be accomplished through providing roof drain gutters, which drain to the street grading the lot to drain toward the street or grading perimeter swales and directing them into the pond or street Lots that will naturally drain into the system are not required to provide these measures h Built -upon area in excess of the permitted amount will require a permit modification 16 No person or entity including the permittee shall alter any component shown in the approved plans and specifications Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director and shall have received approval for modified plans specifications and calculations including but not limited to those listed below For changes to the protect or SCM that impact the certifications a new or updated certification(s) as applicable will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification a Any modification to the approved plans and specifications regardless of size including the SCM(s) BUA details etc b Redesign or addition to the approved amount of BUA or to the drainage area c Further development subdivision acquisition lease or sale of any all or part of the project and/or property area as reported in the approved plans and specifications d Altering modifying removing relocating redirecting regrading, or resizing of any component of the approved SCM(s) the stormwater collection system and/or vegetative conveyance shown on the approved plan e The construction of any allocated future BUA f Adding the option to use permeable pavement or #57 stone within the lots as a permeable surface The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded g The construction of any permeable pavement #57 stone area public trails or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications h Other modifications as determined by the Director III GENERAL CONDITIONS CORRECTIVE ACTIONS REQUIRED If the facilities fail to perform satisfactorily the permittee shall take immediate corrective actions This includes actions required by this Division and the stormwater rules such as the construction of additional or replacement on -site stormwater systems These additional or replacement measures shall receive a permit from the Division prior to construction Page 4 of 8 Post Construction Stormwater Management Permit No SW8 060338 PERMIT RENEWAL A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H 1045(3) CHANGES TO THE PROJECT NAME PERMITTEE NAME OR CONTACT INFORMATION The permittee shall submit a completed Permit Information Update Application Form to the Division within 30 days to making any one of these changes 4 TRANSFER This permit is not transferable to any person or entity except after notice to and approval by the Director Neither the sale of the project and/or property in whole or in part nor the conveyance of common area to a third party constitutes an approved transfer of the permit TRANSFER REQUEST The transfer request must include the appropriate application documentation and the processing fee as outlined in 15A NCAC 02H 1045(2) This request must be submitted within 90 days of the permit holder meeting one or more of the following i A natural person who is deceased u A partnership limited liability corporation corporation or any other business association that has been dissolved ui A person or entity who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur through foreclosure bankruptcy or other legal proceeding ry A person or entity who has sold the property in whole or in part on which the permitted activity is occurring or will occur except in the case of an individual residential lot sale that is made subject to the recorded deed restrictions and protective covenants v The assignment of declarant rights to another individual or entity vi The sale or conveyance of the common areas to a Homeowners or Property Owner s Association subject to the requirements of NCGS 143-214 7(c2) TRANSFER INSPECTION Prior to transfer of the permit a file review and site inspection will be conducted by Division personnel to ensure the permit conditions have been met and that the protect and the on -site stormwater system complies with the permit conditions Records of maintenance activities performed to date may be requested Protects not in compliance with the permit will not be transferred until all permit and/or general statute conditions are met COMPLIANCE The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the transfer request a APPROVED PLANS AND SPECIFICATIONS A copy of this permit approved plans application supplement operation and maintenance agreement all applicable recorded documents and specifications shall be maintained on file by the permittee at all times b DIVISION ACCESS The permittee grants Division Staff permission to enter the property during normal business hours to inspect all components of the permitted project c ENFORCEMENT Any individual or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article 21 d ANNUAL CERTIFICATION The permittee shall electronically submit to the Division an annual certification completed by either the permittee or their designee confirming the protects conformance with permit conditions Page 5 of 8 Post -Construction Stormwater Management Permit No SW8 060338 OBTAINING COMPLIANCE The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit Within the time frame specified in the notice the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements The permittee shall provide copies of modified plans and certification in writing to the Director that the changes have been made OTHER PERMITS The issuance of this permit does not preclude the permittee from complying with and obtaining any other permits or approvals that are required for this development to take place as required by any statutes rules regulations or ordinances which may be imposed by any other Local State or Federal government agency having jurisdiction Any activities undertaken at this site that cause a water quality violation or undertaken prior to receipt of the necessary permits or approvals to do so are considered violations of NCGS 143-215 1 and subject to enforcement procedures pursuant to NCGS 143-215 6 Permit renewed updated and reissued this the 28th day of January 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Cvt //W s Brian Wrenn Uirector Division of Energy Mineral and Land Resources By Authority of the Environmental Management Commission Permit Number SW8 060338 Page 6 of 8 Ocean Isle Palms Phase 1 Stormwater Permit No SW8 060338 Brunswick County Attachment A Designers Certification Post -Construction Stormwater Management Permit No SW8 060338 Page 1 of 2 I as a duly registered in the State of North Carolina having been authorized to observe (periodically/weekly/full time) the construction of the project (Protect) for (Protect Owner) hereby state that to the best of my abilities due care and diligence was used in the observation of the protect construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specifications Signature Registration Number Date SEAL Page 7 of 8 Post -Construction Stormwater Management Permit No SW8 060338 Certification Requirements Page 2 of 2 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built - upon area 3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 All roof drains are located such that the runoff is directed into the system 5 The outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans 7 Trash rack is provided on the outlet/bypass structure 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 The inlets are located per the approved plans and do not cause short-circuiting of the system 11 The permitted amounts of surface area and/or volume have been provided 12 Required draw down devices are correctly sized per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided such as a vegetated shelf a forebay and the vegetated filter 15 The required dimensions of the system are provided per the approved plan cc NCDEQ-DEMLR Wilmington Regional Office Brunswick County Building Inspections Page 8 of 8 Attachment C - Permitting History Ocean Isle Palms Phase I Permit No SW8 060338 Approval Permit BIMS Descnption of the Changes Date Action Version Original 8/4/2006 Approval 10 11/29/2007 Modification 1 1 In BIMS, drafted on G drive, no print 10/2/2008 1 2 out in file replace sheets SW-3 and C-13 from the 3/30/2009 Modification 1 3 plan set approved on November 29, 2007, with new ones, changes to the total impervious area to ponds for a few additional lots, and 5/22/2009 Modification 1 4 miscellaneous other changes such as pond outlet structure details on the plans from Ocean Isle Palms, LLC to OIP 11/23/2015 Transfer 1 5 NC, LLC 1/28/2022 Renewal 20 Expires November 29, 2029 MAY I Permit Number SL p ✓,nth3d (to be provided by DWQ) Drainage Area Number I qw� Wet Detention Basin Operation and Maintenance Agreement REC i I will keep a maintenance record on this BMP This maintenance record ill k�pt�u3 a y log in a known set location Any deficient BMP elements noted in the uis echon w e corrected, repaired or replaced immediately These deficiencies can affec $i e n of structures, safety of the public, and the removal efficiency of the BMP The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) ❑ does ® does not incorporate a vegetated filter at the outlet This system (check one) ❑ does ® does not incorporate pretreatment other than a forebay Important maintenance procedures — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks) — No portion of the wet detention pond should be fertilized after the first tiutial fertilization that is required to establish the plants on the vegetated shelf — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical — Once a year, a dam safety expert should inspect the embankment After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 10 inches (or 15 inches if in a Coastal County) Records of operation and maintenance should be kept in a known set location and must be available upon request Inspection activities shall be performed as follows Any problems that are found shall be repaired immediately BMP element Potential problem How 1 will remediate the problem The entire BMP Trash/debris is present Remove the trash/debris The perimeter of the wet Areas of bare soil and/or Regrade the soil if necessary to detenhon basin erosive gullies have formed remove the gully, and then plant a ground cover and water until it is established Provide lime and a one-time fertilizer application Vegetation is too short or too Maintain vegetation at a height of long approximately six inches Form SW401-Wet Detention Basin O&M - Rev 4 Page 1 of 4 Permit Number `M�'U 20P91) (to be fovided by DWQ) Drainage Area Numbe � BMP element Potential problem How I will remediate the problem The inlet device pipe or The pipe is clogged Unclog the pipe Dispose of the swale sediment off -site The pipe is cracked or Replace the pipe otherwise damaged Erosion is occurrmg in the Regrade the swale if necessary to swale smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible Remove the sediment and sediment storage dispose of it in a location where it will not cause impacts to streams or the BMP Erosion has occurred Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to mamtam optimal plant health Plants are dead, diseased or Determine the source of the dying problem soils, hydrology, disease, etc Remedy the problem and replace plants Provide a one-time fertilizer application to estabhsh the ground cover if a soil test indicates it is necessary Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible Remove the sediment and storage depth dispose of it in a location where it will not cause impacts to streams or the BMP Algal growth covers over Consult a professional to remove 50% of the area and control the algal growth Cattails, phragmites or other Remove the plants by wiping them mvasive plants cover 50% of with pesticide (do not spray) the basin surface Form SW401-Wet Detention Basin O&M -Rev 4 Page 2 of 4 RECErvEz� ��� MAY 0 2009 Permit Number (to be provide OWO Drainage Area Number I� —�- -r BMP element Potential problem How I will remediate the problem The embankment Shrubs have started to grow Remove shrubs immediately on the embankment Evidence of muskrat or Use traps to remove muskrats and beaver activity is present consult a professional to remove beavers A tree has started to grow on Consult a dam safety specialist to the embankment remove the tree An annual inspection by an Make all needed repairs appropriate professional shows that the embankment needs repair if applicable) The outlet device Clogging has occurred Clean out the outlet device Dispose of the sediment off -site The outlet device is damaged Repair or replace the outlet device The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet the 401 Oversight Unit at 919-733- 1786 The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads 13 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 12 feet in the forebay, the sediment shall be removed Sediment Removal -------------- FOREBAY BASIN DIAGRAM ill in the blanks) fftMin Sediment Storage Permanent Pool Elevation 8 Sediment Removal Elevation_ 5 volume Bottom Elevation MAIN POND 1-ft Storage Form SW401-Wet Detention Basin O&M -Rev 4 Page 3 of 4 Permit Number (to be provided by DWQ) I acknowledge and agree by my signature below that I am responsible for thEBY:: performance of the maintenance procedures listed above I agree to notify D problems with the system or prior to any changes to the system or responsib Project name Ocean Isle Palms Phase 1 BMP drainage area number 2 (Pond #14) Print name Sheldon Tucker Title Manager Address 131 Ocean Blvd West, Holden Beach, NC 28462 Phone 910-612-4U9 r Signature Date 5-1-.7110 Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president 1, /� sco7� /1e�np�Qci.,ja� a Notary Public for the State of /1" Grain& County of /(AW I&Dil&r, do hereby certify that •_�he/don ` w- Xee personally appeared before me this day of 1ham , ZA09 , and acknowledge the due execution of the forgoing wet getention basin maintenance requirements Witness my hand and official seal, a```4Y" N0T4A} 1' zi 7iw.-OVER SEAL My commission expires ✓/h 20/Z Form S W401-Wet Detention Basin O&M -Rev 4 Page 4 of 4 % CO �A MAY 1 S 2009 B_eermn Number ODD �O YY provided by DWQ) Drainage Area Number 2-1 Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP This maintenance record will be kept in a log in a known set location Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) ❑ does ® does not incorporate a vegetated filter at the outlet This system (check one) ❑ does ® does not incorporate pretreatment other than a forebay Important maintenance procedures — Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks) — No portion of the wet detention pond should be fertilized after the first mitial fertilization that is required to establish the plants on the vegetated shelf — Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin — If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency dram should be mmumized to the maximum extent practical — Once a year, a dam safety expert should inspect the embankment After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 10 inches (or 15 inches if in a Coastal County) Records of operation and maintenance should be kept in a known set location and must be available upon request Inspection activities shall be performed as follows Any problems that are found shall be repaired immediately BMP element Potential problem How I will remediate the problem The entire BMP Trash/debris is present Remove the trash/debris The pen meter of the wet Areas of bare soil and/or Regrade the soil if necessary to detention basin erosive gullies have formed remove the gully, and then plant a ground cover and water until it is established Provide hme and a one-time fertilizer application Vegetation is too short or too Maintain vegetation at a height of long approximately six inches Form SW401-Wet Detention Basin O&M -Rev 4 Page 1 of 4 �1�(f MAY 1 8 20,�//0..9� Permit umber t(pc� O BY DWQ) Drainage rea Number V BMP element Potential problem How I will remedi ate the problem The inlet device pipe or The pipe is clogged Unclog the pipe Dispose of the swale sediment off -site The pipe is cracked or Replace the pipe otherwise damaged Erosion is occurring in the Regrade the swale if necessary to swale smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion The forebay Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design depth for possible Remove the sediment and sediment storage dispose of it in a location where it will not cause impacts to streams or the BMP Erosion has occurred Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems Weeds are present Remove the weeds, preferably by hand If pesticide is used, wipe it on the plants rather than spraying The vegetated shelf Best professional practices Prune according to best professional show that pruning is needed practices to maintain optimal plant health Plants are dead, diseased or Determine the source of the dying problem soils, hydrology, disease, etc Remedy the problem and replace plants Provide a one-time fertilizer application to establish the ground cover if a sod test indicates it is necessary Weeds are present Remove the weeds, preferably by hand If peshcide is used, wipe it on the plants rather than spraying The main treatment area Sediment has accumulated to Search for the source of the a depth greater than the sediment and remedy the problem if original design sediment possible Remove the sediment and storage depth dispose of it in a location where it will not cause impacts to streams or the BMP Algal growth covers over Consult a professional to remove 50% of the area and control the algal growth Cattails, phragmdes or other Remove the plants by wiping them invasive plants cover 50% of with pesticide (do not spray) the basin surface Form SW401-Wet Detention Basin O&M -Rev 4 Page 2 of 4 t y a cx_) (to be provided by DWQ) MAyl)TTmag.�eaNu ber BMP element Potential proble6BY How I will remediate the problem The embankment Shrubs have started to grow emove rubs immediately on the embankment Evidence of muskrat or Use traps to remove muskrats and beaver activity is present consult a professional to remove beavers A tree has started to grow on Consult a dam safety specialist to the embankment remove the tree An annual inspection by an Make all needed repairs appropriate professional shows that the embankment needs repair if applicable) The outlet device Clogging has occurred Clean out the outlet device Dispose of the sediment off -site The outlet device is damaged Repair or replace the outlet device The receiving water Erosion or other signs of Contact the local NC Division of damage have occurred at the Water Quality Regional Office, or outlet the 401 Oversight Unit at 919-733- 1786 The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads 11 feet in the main pond, the sediment shall be removed When the permanent pool depth reads 11 feet in the forebay, the sediment shall be removed Sediment Removal Bottom BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 6 -5 Pe anen Pool --------------- -- Volume Sediment Removal Elevation -5 Volume 6 -ft Min ---------------------------------------- ----- Sediment Bottom Elevation -6 1-ft n Storage Sedimet Storage FOREBAY MAIN POND Form SW401-Wet Detention Basin O&M -Rev 4 Page 3 of 4 I lJ : I acknowledge Permit Number <'t w NI'(XQd 33VQh)a (to be provided by DWQ) below that I am responsible for the performance of the maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party RECEIVED MAY 1 3 2009 BY. an agree by my signature Project name Ocean Isle Palms Phase 1 BMP drainage area number Print name Title Manaser Address 131 Ocean Blvd West, Holden Beach, NC 28462 Phony Signa Date Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president I,I M S"-� &An eA �� , a Notary Public for the State of 1" 1.4Y0 J InA, , County of 00W ,Ur4lypVet— , do hereby certify that e ldon : tt.c,ue(Ipersonally appeared before me this day of A7Dq, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements Witness my hand and official seal, SEAL D My commission expires /I 1" � I % Form SW40I-Wet Detention Basin O&M -Rev 4 Page 4 of 4 n Permit No SW8 060338 Modification (to be provided by DWQ) r State of North Carolina Q l�Sc.d-E✓ Department of Environment and Natural Resources Foe fnAH Zocg Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original DWQ Stormwater Management Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details I PROJECT INFORMATION Project Name Ocean Isle Palms Phase I Contact Person Sheldon Tucker Phone Number For project with multiple basins, specify which basin this worksheet applies to elevations Basin Bottom Elevation Permanent Pool Elevation Temporary Pool Elevation areas Permanent Pool Surface Area Drainage Area Impervious Area volumes Permanent Pool Volume Temporary Pool Volume Forebay Volume Other parameters SA/DAi Diameter of Orifice Design Rainfall Design TSS Removal 2 3000 It 3600 ft 3800 ft 95,110 sq ft 2482 ac 1253 ac 484,740 cu ft 204,215 cu ft 42,802 + 2,710 cu ft 3 54 3" in 1 in 90 % 10 ) 612-4899 Pond # 12 (floor of the basin) (elevation of the orifice) (elevation of the discharge structure overflow) (water surface area at the orifice elevation) (on -site and off -site drainage to the basin) (on -sate and off -site drainage to the basin) (combined volume of main basin and forebay) (volume detained above the permanent pool) (approximately 20% of total volume) (surface area to drainage area ratio from DWQ table) (2 to S day temporary pool draw -down required) (minimum 8j% required) Form SWU-102 Rev 3 99 Page 1 of 4 Y� Footnotes When using the Division SA/DA tables the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth Linear interpolation should be employed to determine the correct value for non- standard table entries 2 In the 20 coastal counties the requirement for a vegetative filter may be waived it the wet detention basin is designed to provide 90%TSS removal The NCDEN R BM manual provides design tables for both 8)% TSS removal and 90% TSS removal II REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N C Department of Environment Health and Natural Resources, February 1999) and Administrative Code Section 15 A NCAC 2H 1008 Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached It the applicant has designated an agent in the Stormwater Management Permit Application Form the agent may initial below If a requirement has not been met, attach justification s t The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet) i The forebay volume is approximately equal to 20% of the basin volume The temporary pool controls runoff from the design storm event t The temporary pool draws down in 2 to 5 days If required a 30-foot vegetative filter is provided at the outlet ( include non -erosive flow calculations) The basin length to width ratio is greater than 3 1 The basin side slopes above the permanent pool are no steeper than 3 1 A submerged and vegetated perimeter shelf with a slope of 6 1 or less (show detail) Vegetative cover above the permanent pool elevation is specified A trash rack or similar device is provided for both the overflow and orifice A recorded drainage easement is provided for each basin including access to nearest right - of —way If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin A mechanism is specified which will drain the basin for maintenance or an emergency III WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided This system (check one) does does not incorporate a vegetated filter at the outlet This system (check one) does does not incorporate pretreatment other than a forebay Form SW U-102 Rev 3 99 Page 2 of 4 Mamtenarce activities shall be performed as follows 1 After every significant runoff producing rainfall event and at least monthly a Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition b Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed 2 Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of sir inches, and remove trash as needed 3 Inspect and repair the collection system (i e catch basins, piping, swales, riprap, etc ) quarterly to maintain proper functioning 4 Remove accumulated sediment from the wet detention basin system senor -annually or when depth is reduced to 75% of the original design depth (see diagram below) Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (I e stockpiling near a wet detention basin or stream, etc ) The measuring device used to determine the sediment elevation shall be as such that it will give an accurate depth reading and not readily penetrate into accumulated sediments When the permanent pool depth reads _4 5_ icet in the main pond, the sediment shall be icmovcd When the permanent pool depth reads _4 5_ feet in the forebay, the sediment shall be removed BASIN DIAGRAM (fill in the blanks) PLrmuLnt Pool EILN mmn= 3600 Sediment Remov I CI _31 50 75% Sldlnllnt Rlnio\al EILN ition= 31 50 79% Bottom Elevation 30 00' 250/0 Bottom llL,a0on= 3000 25% ' FOREBAY MAIN POND 5 Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface These plants shall be encouraged to grow along the vegetated shelf and forebay berm 6 If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be mmiunrzed to the mam min extent practical Form SNVU-102 Re% 3 99 Page 3 of 4 7 All components of the wet detention basin system shall be maintained in good working order I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party Print name Title Sec Sheldon Tucker Address 131 Ocean Blvd West, Holden Beach, NC 28462 Phone n1A cis norm Signal Date Note The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president I,--71'44 rJ'rA& �p�/~ ,a Notary Public for the State of vrt Z ,✓j County of Algj,/ 14.qW OLC do hereby certify that mcgeYL personally appeared before me this aqW day of 41V44U S`T 7g07 and acknowledge the due execution of the foregpwig-9qR�detention basin maintenance requirements Witness my hand and official seal, �. AUBLIO SEAL My commission expires 6CT;)-6� $i ZX 7 Form SWU-102 Rev 3 99 Page 4 of 4 ' DEMLR USE ONLY Dati RecQrived Fee Paid Permit Number NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H 1045(3), the current permit holder shall renew their high density permit 180 days pnor to its expiration Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60 (c) This application form is for permit renewals only A PROJECT INFORMATION �*, �/ 1 State Stormwater Permit Number J •• 3 06033'9 2 Project name Ocean TSLe- PALrn5 Ph4SP- 1 3 Project street address City Ocean 15 County RrtnnSWLGk ZIP 0229-70 4 What if any changes have been made to the project as permitted? If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at https //deg nc gov/about/dmsions/energy- m i n e ral-I a nd-resources/e ne rgv-m i nera I-land-rules/sto rmwate r-program/oast-construction B PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at https //deg nc gov/about/dwisions/energy-mineral-land- resources/energy-mineral-land-rules/stormwater-program/post-construction State Stormwater Permits do not automatically transfer with the sale of the property 1 Current Permit Holders 2 Signing Officials Name 3 Signing Official's Title 4 Mailing Address 11 City At Lon 11 C Name/Organization OZ P NG4 L L C ae,t�cm Draoac E Street Address 117-3 Loot City AtLnv)tA Phone (7 ) 59S-1090 Email I zip 3030(o Gi A zip 3006 aW:_ JAN 18 2022 BY— Stormwater Permit Renewal Form Page 1 of 3 May 11 2018 C SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW) Only applications packages that include all required items listed below will be accepted and reviewed Initial each item below to indicate that the required information is provided in the application package 1 A permit application processing fee of $505 00 payable to NCDEQ BE tA 2 One original signed hard copy and one electronic copy of this completed form The signing official named on this application to represent the current permittee must meet one of the following a Corporation — a principle executive officer of at least the level of vice-president b Limited Liability Company (LLC) — a manager or company official as those terms are defined in G S 57D "North Carolina Limited Liability Company Act," c Public Entity — a principal executive officer ranking official or other duly authorized employee d Partnership or limited partnership — the general partner e Sole proprietor, or f Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity BEN 3 One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including deed restrictions, protective covenants, condominium/planned community declaration and easements If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date JBE14 4 O&M Agreements Please select one ❑ I have a copy of the current recorded O&M Agreement for all SCMs and I will continue to keep this on file with the permit or I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent tome I agree to keep this on file with the permit LF{ 5 De igner Certifications Please select one A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed, or ❑ The project has not yet been built B 6 [IF APPLICABLE] If the project has been built one onginal hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected and that they have been built and maintained in accordance with the permit 7 [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC) Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation which supports the titles and positions held by the persons listed in Section C 2 per 15A NCAC 2H 1043(3)(b) JAN 18 2022 BY Stormwater Permit Renewal Application Form Page 2 of 3 May 11 2018 D PERMITTEE'S CERTIFICATION EmorLi H"6ge.1. , the person legally responsible for the permit, certify that I have a copy of the Permit and -O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project SCMs or ownership All information provided on this permit renewal application is to the best of my knowledge, correct and complete Signature ���% Date I?-12 2I 1, 111 a Notary Public for the State of &dql u' County of do hereby certify that Vwiii I "Lov personally appeared before me this the 1 day of 20 and acknowledge the due execution of the forgoing instrument Witness my hand and official seal, (Notary Seal) l Nn�Notary Signature 6 My commission a pires U-�' Zq ( 2e?' ABIGAIL LONG NOTARY PUBLIC Fulton County State of Georgia My Comm Expired Feb 28 2022 �q,a— JAN 18 2022 BY Stormwater Permit Renewal Application Form Page 3 of 3 May 11 2018 Permit No I� l��iJJ✓��-OV (to be pmvdad by DWO) AMA NWEHR MAY t 5 7009 STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out printed and submitted The Required Items Checklist (Part 111) must be printed filled out and submitted along with all of the required mformabon I?PROJECT INFORMATION 71 - s, ,. , ^ : A, � q' '41 Project name Ocean Isle Palms Phase 1 Modification Contact person Tom Purvis P E Phone number (910) 383 1044 Date 7 May 09 Drainage area number Pond 14 II #DESIGN INFORMATION '" afd.. Site Characteristics Drainage area 2 233 321 It' Impervious area post -development 1 151 623 fe % Impervious Design rainfall depth Storage Volume Non SA Waters Minimum volume required Volume provided Storage Volume SA Waters 15 runoff volume Pre -development 1 yr 24 hr runoff Post -development 1 yr 24 hr runoff Minimum volume required Volume provided Peak Flow Calculations Is the prelpost control of the lyr 24hr stone peak flax required? 1 yr 24 hr rainfall depth Rational C pre -development Rational C postdevelopment Rainfall Intensity 1 yr 24 hr storm Pre -development 1 yr 24 hr peak flaw Post -development 1 yr 24 hr peak flow PrelPost 1 yr 24 hr peak flaw control Elevations Temporary pool elevation Permanent pool elevation SHWT elevation(approx at the perm pool elevation) Top of 10ft vegetated shelf elevation Bottom of 10ft vegetated shelf elevation Sediment deanout top elevation (bottom of pond) Sediment cleanout bottom elevation Sediment storage provided Is there additional volume stored above the state -required temp pool? Elevation of the top of the additional volume 5157 % 10 in 95 677 fy' 108 618 le ft' R' ft" 0 ft' ft' &I OK volume provided Is equal to or In excess of volume required N (Yor N) Ve-4a In (umtless) (unldess) in/hr fil ff3/sec 4'/sec 1oI � - �Jq 1,zoo7 �rJw!99S ill"rules 990 fmsl 800 fmsl C.`t,G A,rPP¢a✓ED w fill 3 �� PIz- 683 fmsl 850 fmsl 750 fmsl Data not needed for calculation option #1 but OK if provided 500 first -6 00 fnmsl Data not needed for calculation option #1 but OK If provided 1100 It Y (Y or N) 9 9 fmsl OK Forn SW401 Wet Detention Basin Rev 6 M0I09 Parts I a 11 Design Summery Page 1 of 2 ECEIVED Perms No _ LO D o(,(3 7u be pmmded cy DWQ) h, MAY 1 3 zoos �) Surface Areas Z3�� Area temporary pool 61 710 flz Area REQUIRED permanent pool 44 666 f? SAIDA ratio 200 (umtless) Area PROVIDED permanent pool A,,, 50 491 ft` Area bottom of 10ft vegetated shelf Ati, ,,,,, 47 578 ft Area sediment deanout top elevation (bottom of pond) Ay,_„, 9 976 fit' Volumes Volume temporary pool 108618 ft' Volume permanent pool V,,,rs„ 359 604 ft' ✓ Volume forebay, (sum of forebays if more than one forebay) 59126 It Forebay % of permanent pool volume 16 4% % SAIDA Table Data Design TSS removal Coastal SAIDA Table Used9 MountainlPiedmont SAIDA Table Used SAW rabo Average depth (used in SAIDA table) Calculation option 1 used9 (See Figure 10-2b) Volume permanent pool V.p , Area provided permanent pool A._ ,,, Average depth calculated Average depth used in SAIDA d„ (Round to nearest 0 5ft) Calculation option 2 used? (See Figure 10-21b) Area provided permanent pool A.,d Area bottom of 10ft vegetated shelf Ay, abn Area sediment cleanout top elevation (bottom of pond) A1.d 90 % Y (Y or N) N (Y or N) 200 (undless) Y (Y or N) .era« rne- oKat.�, �r volurneJ me.� o� eiW o 1 7.o x5 �rwf us1Y �umrl�e� 359604 ft OK 50491 OK 712 It OK 70ft OK N (Y or N) fit' ft` ft' Depth (distance b/w bottom of 10ft shelf and top of sediment) It Average depth calculated It Average depth used in SAIDA d„ (Round to nearest 0 5ft) It Drawdown Calculations Dmwdown through onfice9 Diameter of onfice (if circular) Area of onfice (d non -circular) Coefficient of discharge (Co) Driving head (H,) Drawdown through weir? Weir type Coefficient of discharge (C,) Length of weir (L) Drmng head (H) Pre -development 1 yr 24 hr peak flow Post -development 1 yr 24-hr peak flow Storage volume discharge rate (through discharge onfice or weir) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of flowpath to width ratio Length to width rabo Trash rack for overflow 8 onfice9 Freeboard provided Vegetated filter provided9 Recorded drainage easement provided? Captures all runoff at ultimate build-ouO Dram mechanism for maintenance or emergencies Y (Y or N) 4 00 in in 0 60 (umtless) 0 63It N (Y or N) limitless) (umtless) It It ft3lsec�es iQ95 P{.L�E ftrlsec 0 33 ft3/sec 3 31 days OK draws down in 2 5 days OK drawdown time is correct 3 1 OK 10 1 OK 100It OK 3 1 OK 30 1 OK Y (Y or N) OK 20ft OK N (Y or N) OK Y (Y or N) OK Y (Y or N) OK Portable Pump Form SW401 Wet Detention Basin Rev 6-2/20/09 Pans I a 11 Design summary Page 2 of 2 Please Indicate the page or plan sheet numbers where the supporting documentation can be found An Incomplete submittal package will result in a request for additional Information This will delay final review and approval of the project Initial in the space provided to indicate the following design requirements have been met If the applicant has designated an agent the agent may initial below If a requirement has not been met, attach justification Pagel Plan Initial- Sheet No SuJ —S Plans (1" 50' or larger) of the entire site showing Design at ultimate build out, Off site drainage (d applicable), Delineated drainage basins (include Rational C coefficient per basin), Basin dimensions Pretreatment system, High flow bypass system, Maintenance access Proposed drainage easement and public right of way (ROW) Overflow device and Boundaries of drainage easement TR 1 C5� 3 2 Partial plan (1" = 30' or larger) and details for the wet detention basin showing Outlet structure with trash rack or similar, Maintenance access, Permanent pool dimensions Forebay and main pond with hardened emergency spillway Basin cross section Vegetation specification for planting shelf and C- l3 Filter strip rJ 3 Section view of the wet detention basin (1" = 20' or larger) showing Side slopes, 31 or lower, Pretreatment and treatment areas and Inlet and outlet structures T-o p��-� 4 If the basin is used for sediment and erosion control during construction clean out of the basin is specified on the plans prior to use as a wet detention basin TF-p N L S 5 A table of elevations areas incremental volumes & accumulated volumes for overall pond and for forebay TG� to verity volume provided 6 A construction sequence that shows how the wet detention basin will be protected from sediment until the entire drainage area is stabilized r�R Cla(CS 7 The supporting calculations p� - e OL t 1`t 8 A copy of the signed and notarized operation and maintenance (O&M) agreement TRP L7fcvL 9 A copy of the deed restrictions (d required) a Q 6-7j U . 10 A soils report that is based upon an actual field Investigation, soil borings, and Infiltration tests County soil maps are not an acceptable source of soils Information Form SW401 Wet Detention Basin Rev 6 2/20109 Part III Required Items Checklist Page 1 of 1 ' n t Permit No `j 0 O flo be provided by DWO) AMA HCDEHR + WCET V MAY 1 3 2009 BY STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM WET DETENTION BASIN SUPPLEMENT This form must be filled out printed and submitted The Required Items Checklist (Part III) must be printed filled out and submitted along eh all of the required information hPROJECTINFORMATION Protect name Ocean Isle Palms Phase 1 Modification Contact person Tom Punts P E Phone number (910) 383 1044 Date Drainage area number o20p W A TFgOG y o II iDESIGN INFORMATION _ Site Characteristics w{�✓�� Drainage area 1093685 re Impervious area post -development 561 672 fl? %Impernous 5136 % Design rainfall depth 10 in Storage Volume Non SA Waters Minimum volume required 46 682 tt' Insufficient required volume Volume provided 131 772 ft' OK volume provided Is equal to or in excess of volume required Storage Volume SA Waters 15 runoff volume ft' Pre -development 1 yr 24 hr runoff fP Post -development 1 yr 24 hr runoff tt' Minimum volume required 0 to Volume provided to s eak Calculations T- the prow e/post re/postcontroll of the tyr 24hr stone peak flow required? N (Y or N) 1 1 yr 24 hr rainfall depth in Rational C pre -development (unitless) Rational C post -development (unitess) Rainfall intensity 1 yr 24-0r storm iNhr Pre -development 1 yr 24 hr peak Flow ft'Isec Post -development 1 yr 24 hr peak Flow, ft'Isec Pre/Post 1 yr 24 hr peak Flow control ft'Isec Elevations Temporary pool elevation 800 fmsl Permanent pool elevation 600 fmsl — r SHWT elevation (approx at the peen pool elevation) 908 fmsl — 61 1zft'-eAtn oK Top of 10ff vegetated shelf elevation 650 Imsl Bottom of 10ft vegetated shelf elevabon 550 fmsl Sediment cleanout top elevation (bottom of pond) 500 fmsl — Sediment Geanoul bottom elevabon -600 fmsl Sediment storage provided 1 00 If Is there additional volume stored above the state required temp PD019 Y (Y or N) Elevabon of the top of the additional volume 80 fmsl OK Form SW401 Wet Detention Basin Rev 6-2I20109 Pens I & 11 Design Summary Page 1 of 2 Permit No,W���l%7i�� (to be pmvdecf by QWQ) II DESIGN INFORMATION Surface Areas Area temporary pool 77 373 fe Area REQUIRED permanent pool 26467 fe RECEIVED SAIDA ratio 242 (undess) Area PROVIDED permanent pool A,,,,,_y,d Area bottom of 10ft vegetated shelf A,,, ❑,a, Area sediment cleanout top elevation (bottom of pond) A,,,., 62543 ft`✓ OK 56 233 fit' 9 550 It, Volumes Volume temporary pool 131 772 ft3 Volume permanent pool V,,,,_,,,, 355575 ft' Volume forebay (sum of forebays if more than one forebay) 107 554 ft' Forebay % of permanent pool volume 30 2% % SAIDA Table Data Design TSS removal Coastal SAIDA Table Used? Mountain/Piedmont SAIDA Table Usedv SAIDA ratio Average depth (used in SAIDA table) Calculation option 1 used? (See Figure 10-2b) Volume permanent pool V.,,,, Area provided permanent pool A,,e_pe,, 90 % Y (Y or N) N (Y or N) 242 (unitless) (Y or N) ft' fit' OK MAY 1 3 2009 BY 4RcufG O*ferebervdmne OK Fomb,. ( alur—MOW Pond_ axe_ soma dc� Average depth calculated If Average depth used in SAIDA din. (Round to nearest 0 5ft) it Calculation option 2 used? (See Figure 10 2b) Y (Y or N) Area provided permanent pool A,,,,,_,,, 62 543 ft` OK Area bottom of 10ft vegetated shelf A,,, 56 233 ft OK Area sediment cleanout top elevation (bottom of pond) A,,,a 9 550 fe OK Depth (distance bhw bottom of IOft shelf and top of sediment) 1050 it OK Average depth calculated 650 It OK Average depth used in SAIDA d„ (Round to nearest 0 5ft) 65 it OK Drawdown Calculations Drawdown through onfice2 Diameter of onfice (d clroular) Area of onfice (if non -circular) Coefficient of discharge (C❑) Driving head (H,) Drawdown through weir Wen type Coefficient of discharge (C„) Length of wen (L) Driving head (H) Pre development 1 yr 24 fir peak flow Post -development 1 yr 24 hr peak flow Storage volume discharge rate (through discharge onfice or wen) Storage volume drawdown time Additional Information Vegetated side slopes Vegetated shelf slope Vegetated shelf width Length of Bowpath to width ratio Length to width ratio Trash rack for overflow & onfice? Freeboard provided Vegetated filter provided? Recorded drainage easement provided? Captures all runoff at ultimate build -out? Drain mechanism for maintenance or emergencies Y (Y or N) 300in —C44EQ in 0 60 limitless) 0 67 It N (Y or N) limitless) (umttess) It If f6sec 3 NJAt fit'/sec ve,sTe,P JR6j5 019 fit/sec Storage volume discharge rate greater than pre-dev 1y24hr 2 80 days OK draws down in 2 5 days OK drawdavn time is correct 3 1 OK 10 1 OK 100It OK 5 1 OK 75 1 OK Y (Y or N) OK 15It OK N (Y or N) OK Y (Y or N) OK Y (Y or N) OK Form SW401 Wet Detention Basin Rev 6 MOW Parts 1 a II Design Summary Page 2 of 2 MAY 1 9 2009 erm!5&3�U(oo��� d No . (to be provided by DWQ) III REQUIRED ITEMS CHECKLIST Please Indicate the page or plan sheet numbers where the supporting documentation can be found An incomplete submittal package will result in a request for additional Information This will delay final review and approval of the project Initial in the space provided to Indicate the following design requirements have been met If the applicant has designated an agent the agent may Initial below If a requirement has not been met, attach justification Page/ Plan Initials Sheet No -7- 1 Plans (1" 50' or larger) of the entire site showing Sw-y �%W.T Design at ultimate build out Off site drainage (d applicable) Delineated drainage basins (include Rational C coefficient per basin) Basin dimensions Pretreatment system High Flow bypass system Maintenance access Proposed drainage easement and public right of way (ROW) Overflow device and Boundaries of drainage easement T SW� 2 Partial plan (1" = 30' or larger) and details for the wet detention basin showing Outlet structure with trash rack or similar Maintenance access - Permanent pool dimensions, Forebay and main pond with hardened emergency spillway Basin cross section, Vegetation specification for planting shelf and Filter strip 3 Section view of the wet detention basin (1" = 20' or larger) showing Side slopes 31 or lower Pretreatment and treatment areas and Inlet and outlet structures T 0 Sw— y 4 If the basin is used for sediment and erosion control during construction clean out of the basin is specified on the plans prior to use as a wet detention basin T (- 5 A table of elevations areas incremental volumes & accumulated volumes for overall pond and for forebay to verity volume provided 6 A construction sequence that shows how the wet detention basin volt be protected from sediment until the entire drainage area is stabilized CAL LS 7 The supporting calculations T� Qi evC 8 A copy of the signed and notarized operation and maintenance (0&M) agreement T��I 6 NC 9 A copy of the deed restrictions (if required) -ro C 10 A soils report that is based upon an actual field investigation, soil bonngs, and Infiltration tests County soil maps are not an acceptable source of soils information Form SW401 Wet Detenbon Basin Rev 6-2/20/09 Part III Required Items Checklist Page 1 of 1 State Stormwater Management Systems Permit No SW8 060338 Modification Ocean Isle Palms Phase 1 Stormwater Permit No Brunswick Countv Designer's Certification SW8 060338MOD Page 1 of 2 I, C u J42A—. as duly registered in the State of North Carolina, having been authorized to observe nodical weekly/fulltime) the construction of the project (Prof ect) for :!:55/40 Af(- , LLCM (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications fhe checklist of items on page 2 of this forna is a part of this Certification Noted deviations from approved plans and specification Signature Registration Number / Z 4 S1 Date ��..N�mm�ryrrrq CARD ` COQ .oFESS�pt,9� /�%i SEAL SEAL _ E l 12656 °'.,'p0 FNGINE� C;�C��� �RT 1 El�1 `� ,"` Page 8 of 9 r,. State Stormwater Management Systems Permit No SW8 060338 Modification Certification Requirements ✓ 1 The drainage area to the system contains approximately the permitted acreage / 2 The drainage area to the system contains no more than the permuted amount of built - upon area 3 All the built -upon area associated with the protect is graded such that the runoff drains / to the system 4 All roof drams are located such that the runoff is directed into the system 5 fhe outlet/bypass structure elevations are per the approved plan 6 The outlet structure is located per the approved plans 7 Trash rack is provided on the outlet/bypass structure 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 The inlets are located per the approved plans and do not cause short-circuiting of the system 1 1 The permuted amounts of surface area and/or volume have been provided --__12 Required drawdown devices are correctly sued per the approved plans �13 All required design depths are provided �14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter 15 The required dimensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office Brunswick County Building (inspections U 4 State Stormwater Management Systems Permit No SW8 060338 Modification Ocean Isle Palms Phase I Stormwater Permit No SW8 060338MOD Brunswick County Designer's Certification Page 1 of 2 1, 063E-r E Iy4-eL, as duly registered 6V(5/n/t in the State of North Carolina, having been authorized to obse penodica weekly/fulltime) the construction of the project V#4S£ / — (Prof ect) for C9/0 N(, / Li—L (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specification r°°,`%"N CAg0•."' P oFes§io ,<� 2 j QP tiq�,,Z AL Signature 't om = 5tI Registration Number / 2.(0Xbn Date �� �/6 2' 7` E.. -T\3 1�,, i ECEIVE j SEP 01 2016 BY- Page 8 of 9 c State Stormwater Management Systems Permit No SW8 060338 Modification Certification Requirements X 1 The drainage area to the system contains approximately the permitted acreage / 2 The drainage area to the system contains no more than the permitted amount of built - upon area / 3 All the built -upon area associated with the project is graded such that the runoff drains to the system 4 All roof drams are located such that the runoff is directed into the system i 5 The outlet/bypass structure elevations are per the approved plan 6 1 he outlet structure is located per the approved plans i 7 Trash rack is provided on the outlet/bypass structure / 8 All slopes are glassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 / 10 The inlets are located per the approved plans and do not cause short-circuiting of the system / 1 I The permitted amounts of surface area and/or volume have been provided 12 Required drawdown devices are correctly sized per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter 15 1 he required dimensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office Brunswick County Budding (inspections State Stormwater Management Systems Permit No SW8 060338 Modification Ocean Isle Palms Phase I Stormwater Permit No Brunswick County Designer's Certification SW8 060338MOD Page I of 2 I, /,fZgenr'C —r(,Cxo,— , as duty registered— -a6+AikND-,- in the State of North Carolina, having been authorized to obse e cno icy ly/weekly/fulltime) the construction of the prof ect dC,CA,J �s�e PM..Ms (Project) for � /P At L L LC. (Project Owner) hereby state that, to the best of my abilities, due care and diligence As used in the observation of the project construction such that the construction was observed to be built witfun substantial compliance and intent of the approved plans and specifications The checklist of items on page 2 of this form is a part of this Certification Noted deviations from approved plans and specification Signature7/avr C/o, Registration Number / 2j.A Date CA/9 SEAL 12656 .FyGINS E TUG�o•�• ECEBVE SEP 0 1 2016 BY Page 8 of 9 State Stormwater Management Systems Permit No SW8 060338 Modification Certification Requirements 1 The drainage area to the system contains approximately the permitted acreage 2 The drainage area to the system contains no more than the permitted amount of built - upon area 3 All the built -upon area associated with the project is gradcd such that the runoff drams to the system 4 All roof drams are located such that the runoff is directed into the system 5 fhe outlet/bypass structure elevations are per the approved plan 6 the outlet structure is located per the approved plans 7 Trash rack is provided on the outlet/bypass structure 8 All slopes are grassed with permanent vegetation 9 Vegetated slopes are no steeper than 3 1 10 I he inlets are located per the approved plans and do not cause short-circuiting of the system 1 I I he permitted amounts of surface area and/or volume have been provided 12 Required drawdown devices are correctly sized per the approved plans 13 All required design depths are provided 14 All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter 15 7 he required dimensions of the system are provided, per the approved plan cc NCDENR-DWQ Regional Office Brunswick County Building (inspections CMMty--Re4ister of � Ho�Zt J. Robinsw inst #328837 Book 2383Page 7333 05/04/2006 03:36.00M ReC*a 05& ( AL 61%2 C n% ter Dec , Prot4 � ntww gsements 1 �!).il)//t i Kb Ocean Isle Palms nmswi {CaroLoe s rL�.v,�r Prepared by- Scbo11 Bret' Aycock Abel & L[vfMAM PLLC (JAM) JA 18 �.� er levrx, • 328837 Soak 2383Page: 1334 Master Declaration of Protective Covenants and Easements or Ocean Is"lfg Li Table of Con' ARTICLE I DEFINITgtS AND GENERAL PROVISIONS TD G�QV THE ASSOCIATION ARTICLE II ARTICLE Ill MEMBERS9 , FUNCTIO�IF�t . 4 y y "VVO ARTICLE TV COMMON E[.EAiIIdT'S ARTICLE V INSURANCE - ARTICLE VI s ASSESSMENTS ��. ..�� ����� - ARTICLE VII ARCHITECTU"�h=� REVIEW _ _ ( ARTICLE VIII �nn�II"1 1ff5J�PfAfi USE REST3�ONSaY TES ARTICLE IX MAINTENANCE OF PROPERTY . ARTICLE X RIGHTS AND RESERVATIONS OF DECLARANT'.. .... ARTICLE XI ANNEXAff4W AND AMEND - - ' � if to ARTICLE XII GENERALnP7I 1661183 DOC INIA IrT 17 10 ... ]4 99 20 23 24 25 i 26 4 111111115. f LnsC�Y °�28$37 Hook 2383Pa4e: 1335 Master Deela&dgi� of Protective nts and Easements I Wnp r i u, a TfiIS MASTER DECJAdN4,,,vlvlay 2006, by Ocean Isle Palms, INC, a North Carolina corporation (the "Declarant") WITNESSE E WHEREAS, Declarantg developing certain real p located in Brunswick County, North Carohna, and more lady descn 5 a�tt "A" attached hereto and incorporated herein by roference, as o umty that may include a variety; of residential, commercial, n�� ie�uses 39wMy�h ,, 3 WHEREAS, Declarant desires to subject;9krpS erty to the provisions hereof for the purpose of providing a flexible method for the administration and maintenance of the common elements of the planned community and imposing certain use restrictions and architectural controls, and WHEREAS, Declaranhk��,�tns and reserves �(� d option to annex and subject additional property to the provisions of-,Sr6t�dj' nfitb '��'' ff NOW, THEREFOREW— J Aft$ Y— e i all of the property described on Exhibit "A" attached hereto, and any additional p5(S+ctvhtch Declarant in its sole discretion, shall subject to this Master Declaration by amendment hereto, shall be subject to the covenants, conditions, restrictions and easements set forth herein, as specifically made applicable by the provisions hereof Such covenants, conditions, testa ctions and easements are hereby imposed for the purpose of protecting the value and desirability of these lands, and shall run with the t tle to the real property subjected &,149 Master Dec Shall be binding on and inure to the benefit of all parties having any rij we r pA kh*operty or any portion thereof ! Definitions and General Provisions Section 1. Definitions. As used in this Master Declaration, the following terms with initial capital letters shall ve the following meanings and, as required by context, these definitions shall apply to both singular and plural f ;osuch teens (a) "Arehitec f l � le o tter "ARC" shall mean the committee established pursuant �i� {{ 1pgraG°�bpt architectural guidelines, review plans for improvements and landsrc*" enforce design and construction requirements o� 166118 3 EX)C ,„ >.+ { 3 8837 Hook 2383page: 1336 (b) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association filed in the office of the Secretary of State of North Carolina, as the same may be amended fro a to time �ii �h y (c) "AssessmenP' it f �dvrie`rr s share of the Common Expenses and other c from se t an Owner by the Association as provided ors herein Eric �ts, Speaal Assessments, Segment Assessments, and all fees, late charges, fines, ii"i�xest and other charges (including costs of collection and reasonable attorneys' fees) imposed or authorized to be collected by the Association pursuant to this Master Declaration, the Bylaws, rules and regulations of the Association, or applicable law (d) "Assocls 1 hall , ¢i �glms Property Owners Association Inc, a North Carolinas(ssors and assigns. (e) "AuthoYiGed1rscr-441110.� member, guest, invitee, licensee, lessee, tenant, contractor or agent of a�With respect to an Owner that is a corporation, [united liability company. partnership, association, trust or other entity, the Authorized Users shall include the owners, officers, directors, members, managers and/or beneficianes of the Owner, provided that the Association may establish a reasonable hthit an the number of Autliq�rs for each property And the Association may require the Owner to designate its A Usetslg�� ' 4 (t) "Bylat�s y�18(¢yta ASSOCret10/1, 85 IIIlhelly adopted by the Executive Boats 1as dteitRa amended from time to time (g) "Common Elements" shall mean any real property or real property interest owned by or leased to the Association Common Elements shall include Lunited Common Elements (h) <'Comm' b xpenses' shall np cipendrtures made by or financial liabilities of the Associate [t l allocations to reserves Common Expenses shall mciud , ffV4MX Mg. d Limited Common Expenses (i) "Community" shall m��that land described on Exhibit "A" attached hereto, together with all improvements now or hereafter located thereon, and !all additional property annexed into the Community in acoordanoe with the provisions of this Master Declaration i �) "Dec/ gall mean, collecivy� (1) Ocean Isle Palms, Inc., a North Carolina corporation (n) iskm Inc or another Declarantjby operation of law, ar}d 1), if1 �ho are (A) assignees of any or all of a Declaranes rights, (B),d lei tt f �r 'a l Xommtmity or any property within the Expansion Area, and (C) are a Declarant in written instrument executed by the assignor Declarant and recorded in the land records for Brunswick County, North Carolina issite3 _IDoc co,�; � 328837 Book 2383Page_ 1-33i (k) "Executive Board" shall mean the Executive Board of the Association, as provided for in the Articles of incorporation and the Bylaws. Q) "Expansion „ shallsp I,t[o,1�01real property located within four (4) miles of any point one �� Lrr�cai property described on Exhibit "A" hereto �j; l V (I'a M�70 p? (m) "General Common Expenses' sh1 mean Common Expenses other than Limited Common Expenses (it) "Homesite" shall mean any lot or parcel of land that is located within the Community and has designated as such or othe ise restricted for use as a site for a detached single family mg piusun��ent hereto or supplemental declaration referring to thus e in accordance with the provisions hereof and recorded mrt [ � for hVqVgq ounty, North Carolina. (o) "Limited Common Elerneni;tai4tail mean a portion of the Common Elements designated for the primary or exclusive use of one or more but fewer than all of the Owners pursuant to a plat of any portion of the Community or pursuant to any amendment hereto or supplemental declaration referring to this Master Declaration, made in accordance with thQ,,provisiins hereof and reco in the land records for Brunswit'i County, Notch Carolina'�� 5iCZ r' i (p) "Lrmi* " I sWiment Common Expenses (including Im allocations to reserves dtcuvme�oi f fewer than all Owners, such 'as for the operation, maintenance, repair aof Limited Common Elements, and for admmutrative costs, security and other services provided for the benefit of fewer than all Owners (q) "Master Declaration" shall mean this Master Declaration of Protective Covenants and Fasem%ia,or Ocean Isle tiding all amendments hereto and supplemental declarations m&'dertl r e provisions hereof and recorded in the land records for B i� otifitjt� %a 3 (r) "Member" shall mean Q an��—;Xho is a Member of the Association as provided in the Articles of Incorporation and in Article 11 hereof (s) "Mortgage" shall mean a mortgage, deed of tout or other similar security instrument granting, creating or conveying a lien upon any tract or parcel of land in the Community Cox (t) "Mortgaa ` �Y i�g hol�yoff aaMortgage t (u) "Other Pm 1perrty" feat property, other than a Homesite, d Townhome Lot, Residential Condominitmt�nit; Unimproved Tract or Common W} Elcmcnts, that is locatul within the Community and has been subloetcd to thin Minter Declaration pursuant to an amendment hereto or supplemental declaration refentinglto 16611833x1C' 4 Ii �IJ u LvCt��� f Book 2383Pag e. 1338 J�c�s>���3F1st328837 this Master Declaration, made in accordance with the provisions hereof and recorded in thethe land records for Brunswick County, North Carolina Other Property may include, but shall not be limited to, ter; or more twat or s cotnmercial tracts or buildings, or assisted living facilities i ,?77 (v) "Own tv "1Lr�4 owm iWh in the land records of Brunswick County, North Carob whether it jb�i>"9re Persons of fee simple title to any Homesite, Townhome Lot, Residential Condominram Unit, Unimproved Tract, or Other Property within the Community, but shall not include a Person having an interest in any such property solely as security for an obligation ' (w) "Pend Declarant Control' sha11 that period of time beginning on the date of this Master I) $ration ui 'hi December 31, 2030, or such earlier date that Declarant, terminates such Period of Declarant Control by giving writ] f to titeion (x) "Person" shall mean a natural person or a corporation, limited liability company, partnership, association, trust or other legal entity i (y) "Residential Condommiuin" shall mean a tract or parcel of real propeity that is located within a Community and has Eesignatedfor residential use and subjected to: (i) this r Declarano oany ame dment hereto ; or supplemental declaration m aration, made m accordance with the provisions hereof(a the for Brunswick County, North and (i) the l A Caro0- Carolina,%�rsrjtt Act set forth in Chapter 47C of the General Statutes, as it may be amentd time to time, or any successor or replacement statute governing condominiums, pursuant to an instrument recorded in the land records for Brunswick County North Carolma z (z) "Residgtitial Condomnium Unit" slttl mean a physical portion of a Residential Condommia'�gnated for rship or occupancy (aa) "Sub -As i �iM60 to a nonprofit corporation whose members are compnsedOwnesipr� in any condominium planned community or planned unit development within but incl(idiiiless than all of the Community (bb) "Sub -Association Common Elements" shall mean any real property or real property interests owned or leased by a Sub -Association (CC) "Sub -Ash ion Declaratio "[s tpcan any mstrument or document, and any amendment ors eti(r ` n the land records for Brunswick County, North Caro-ttz�j$r nit alarmed community or planner iitut development within bbt�nulbiliiig t4 s*= `tlf�`��umty (dd) "Townhome LoV shall mean any lot or parcel of land that is located within the Community and has been designated or restricted for use as a site ibr a duplex ` or other attached single family dwelling pursuant to any amendment hereto 1 or 166118-,r noc 5..-- l'r,0,a {Cx„gtp vi g�3r t 328837 Hook 2383Page. 1339 supplemental declaration refbrrung to this Master Declaration, made in accordance with the provisions hereof and recorded in the land records for Brunswick County, North Carolina ,"b—� , — n (ee) ICU nimpro W iijil,6e an unimproved tract or parcel of land that is located withinthe � ` nl nd has"�6jected to this Master Declaration pursuarm to an amendment hereto or`'�fa] declaration referrtng to this Master Declaration, made in accordance with the prov ions hereof and recorded in the land records for Bnmswick County, North Carolina, provided that any such tract or parcel shall no longer be an Unimproved Tract after it has been subdivided into Homesites, Townhome Lots, Residential Condominium Units or tither Property Section 2. Apphead e ,pf M P ' 44n. The covenants, conditions, restrictions and easements set i o r �'Declaration shalt only apply to the Community, but not to any jor Y cept t that any such other property is subjected to the provisions he f by an " nift,to or a supplemental declaration made i in accordance with the provisions of this Master Declaratlbn and recorded in the land records for Brunswick County, North Carohna. Each and every grantee of any interest in any property in the { Community, by acceptance of a deed or other conveyance of such interest, agrees to and shall be bound by the provisions of this Master Declaration Section 3. Plaaneddv�?evelogle(a�;�isn Declarant is developing the Community pursuant to a P1 fd:T,•f popli{ Master Plan on file with Brunswick County, North Carolina 4iis subjmvtm oo mnuous revision and change by Declarant, in its discretion i�'r, E; Section 4 Planned Community Act Applicable The North Carolina Planned Community Act set forth in Chapter 47F of the general Statutes, as it may be amended from time to time, shall apply to the Community and the Association. The Community is a "planned a community" and the Associ p is the "owners' associate!" for such planned community, as i those terns are defined insardd lim Comm �r ' Section 5 Other %is�r �P it�R�. The Community and the use of } property located therein arc '"jest to al t# a laws, ordinances, rules, regulations and other governmental requirements, including wittUxi?J4mitatton all applicable permits and governmental approvals, as the same may be renewed or modified from tune to time i ��� `n 1 �f u �' �r•�.ta A z� tt '©a[� a `Ay�Ittst 9 328837 Book 2383Page' 1340 Article II MembbRky�and Gnaoeefof t6fjAasoetatioa Section 1 Membe pl shall be a Member of the Association Such membership shall be apputtjl I and noC��� from ownership of the rest property that is subject to assessment by�n. The Executive Board may adopt reasonable rules relating to proof of ownership Section 2 Voting Rights of Members. The Members shall be entitled to vote on matters for which such a vote is expressly required by law, or by the Articles of Incorporation, this Master Declaration or th aws The Assoctatiggt have two (2) classes of Members with voting rights as follows �-`� Class A TV @�i feacff��, Townhome Lot, ResidentreJ Condominium Unit,IfUimproved 7I I petty shall be a Class A Member The Owner of each Homesite Townhome Lot or 1Cesidential Condominium Unit shall be entitled to one (1) vote on any matter that is subject to a vote by the Owners of such type of property The Owner of an Unimproved Tract shall be entitled to one (1) vote per acre for each whole acre in the Unimproved Tract (fraebonal acres shall not be counted for voting purposes unle044� Unimproved TractC�ronsrlCts of less than one acre, m which case such Unimproved T�1I be, e s stsk of one acre for voting purposes) Declarant reserves the �o�'%less A membership to include Owners lof Other Property, by an �� t or�Yi E6derttal declaration referring to this Master Declaration recorded m the as -r Brunswick County, North Carolina, specifying the voting rights of such Owners the assessments applicable thereto Notwithstanding the foregoing provisions regarding Class A Members, Declarant shall be a Class B Member during the Period of Declarant Control Class B e Period of Deciarr�rnrEolitrol, Declarant shall be a Class B Member with respect to prro��Dy.�B�eelarant in the Community The Class B Member shall bF e$a' ve (j votes for each Homesrte, each Townhoine Lot, and each Resrder4 NA&' Fd ' i t%wns, and five (5) votes for each vote that n would have if n were �1A'1* ber with respect to each Unimproved Tract and any Other Property that it owns The ass B membership shall cease and !be converted to Class A membership at the end of the Period of Declarant Control Additional provisions consistent with applicable law regarding meetings of Members. proxies and voting by co-owri` m eW be set forth i 5tlbc.-)i haws or adopted by the Executive Board.j1'1 Section 3. Ezecu nhard ''��th��' s i e octsmon shall be managed by, or at the direction of the Executive Board Ez6Q)irwise provided herein or by law, the Executive Board may act in all instances on behalf of the Association The number of persons on the Fa,cvi tivc Board initially shall be as determined by Declaram, and such number may jbc changed as provided in the Bylaws During the Period of Declarant Control, Declarant shall 1661163DOC \�1f +°(� 5 ? e tes ! zu 328837 Book 2383Page: 1341 have the right to appoint all of the members of the Executive Board Declarant shall have the right to remove any Executive Board member appointed by Declarant, without cause, and appoint another person to 1149e such removed me The manner of appointment or electron of the Executive Board a>i�e P(e�4d Weentrol shalt be as provided m the By n ��l L(r� ((�rL Bylaws- U' L Section 4. Bylaws The Executive"1 14. all adopt the Initial Bylaws and notwithstanding any other provision hereof, during the Period of Declarant Control the Executive Board may amend the Bylaws without approval by the Members. After the Period of Declarant Control any amendment to the Bylaws must be approved by the Members by two-thirds of the votes cast or a majority of the votes entitled to be cast, whichever hichev,s less rLb n r� ilho A Section 1. General and AdinmretrativVnutretions The Association shall administer and enforce the provisions of this Master Declaration, the Bylaws, and all rules and regulations of the Association, and otherwise carry out and perform its duties and resporimbdmes as described herem or as required by law Section 2. Mamteniu Co ( 't�jW&a The AssocmttoN subject to the rights of Owners as set forth i# `iE�'t��le for the management of the Common Elements (including fumishm p � }r "b tit iron therewith), and shall maintain them in good order, condition and repair, put00 ec terms and conditions hereof These responsibilities shall include, but not be limited to, the operation, maintenance, repair and replacement, subject to any insurance then in effect, of all landscaping, structures, stormwater facilities and other improvements located within the Common Elements Section 3 MahitefFagpe Easement The A ration, its agents and representatives, shall have an easement upon, acros$k er,> end pp rj rjira¢erty located m the Community as may be necessary or appropriate >x�iio perform the functions of the Association pursuant to this Master D4� i `' i rz* uMFW'"-4iw The Association shall not unreasonably interfere with theiights of the 6"GftA1Texercfse of this easement. Section 4 Rules and Regulations. The Association shall have authority to adopt and enforce rules and regulations. Such rules and regulations may include, without limitation, restrictions on the types and sizes of vehicles that may be used on the streets in the Community, speed limits, maximum noise%yos of vehicles, other tr Band parking rules and regulations re (the fact that any such rules or ns s L ( irtive than the laws of the State of North Carolina or any other publ f9 l of make such restrictions unreasonable), and other rules and regulations reg_ 1��ComrlidH`SfCents Section I Sanctions for Violations ne, �iF�ssoaation shall have authority, after notice and an opportunity to be heard, to impose reasonable fines and suspend privileges or services provided by the Association (except rightsof access to an Owner's property in the r1661183DeCLr l J Z J ,' r MMY'Y' tPw'Y`aY C-,it t 328837 Book 2383Page: 1342 Community) for reasonable periods for violations of this Master Declaration, the Bylaws, or any rules and regulations of the Association. Tlic procedures for imposition of fmcs or suspension,of privileges or services shall be'ag,4etermined by the Ea iqp Board, subject to the Bylaws and applicable law nr� ) er 44 a Section 6 Servit e �y%p n i59�, but not required, to provide any or all of the following services (a) tratiic `d5liti hiding but not lmirted to maintenance of restricted entries and/or gates, employment of police or cunty personnel, and maintenanoe,of electronic or mechanical devices, (b) lighting of entrances, streets, sidewalks and paths, a (c) stormwater drainage, (d) water, sewer and any necessary utilities not provided by a public authority or private utility, (e) cleanup and maintenance of public properties located within or in A such reasonable proximity t� Community as to, �a�ffi appearance of the Community; (f) provision and/or operation o `re�atio - eF or programs serving the Owners, (g) communications inform i ehwitie5 or meetings, (h) provision of any of the services listed above to a S i slont�*rich Association, and (i) such other services as may be necessary of desirable m tfi`2f �of the Executive Board to carry out the Association's functions The Association may contract a any such services The Association is authorized, but not required, to own or lease equipment, furnishings and improvements as 8� necessary to provide any such services Section 7. Borrovtig by the Association �Asso cation, upon approval by the Executive Board, shall have the and a 1 funds for use by the Association t m performing its authorized �o pi vtd the Common Elements shall not be mortgaged to secure any st�c I (f'9JttLa�"oF�the Owners as provided herein Declarant may make loans topic Assoctati�n�'o�'ns conditions determined by Declarant ym its sole discretion Notwithstanding anything m tlnsstcr Declaration to the contrary, the Association shall not reduce the amount of the Annual Assessment at any time when any amounts are due to Declarant as repayment of any loans made by Declarant to the Association Section 8 Disclanue�� of Association Lia6d1(ty, The Association shall not be J obligated to carry out or provii ' y func i�s�i� ! 6cept as togtured by this Master Declaration or law The fu ` red out or provided by the Association at any particular time shall be �{ !�the Ex6i95rd after taking into consideration the funds available to the As an and Jiitli$3r t rs The Association may, but is not obligated to, maintain or provide certain services es described as security, but the Association is not an insurer or guarantor of safety or security in the Community The Association shall not be liable to any Owner or other Person for any claim, damage, expense or °£ liability suffered, incurred or threatened and in any manner arising out of resulting from any failure to provide any serviob?,gr take any measure, orifni,the ineffectiveness of any service provided or measure taken Eac�t ier anox"*Oison entering or using any property } in the Community, including �'l�btirehta,li&mes all risks of injury and damage resultingfrom natural causes or� act of4WA tiMf any other Person iectie 3ixrc 9 �! [�0 _ yr\ I L�CrtiOG �� 1111 'Aft ^ 3nst # 328837 'Book 2383Page' 1343 Article 1V Common Elemfi t -, r Section 1 Conveyfff E�I�ments by Declarant Declarant cove"�4 for itself, its successors and e un by fie supple deed at no cost to the Association, all private streets within y�fty that are necessary for access from a public road to any Homesite, Townhome Lot, Residential Condominium Unit, Unproved Tracts or Other Property, mid all Common Elements (excluding Sub -Association Common Elements) designated as such on a plat of any portion of the Community recorded by or at the direction of Declarant in the land records for Brunswick County, North Carolina Such properties may be conveyed 91be Association p,m time m the sole discretion!of Declarant; provided that all sucK`�dgs^gna � fetnents shall be conveyed m the Association on or before D�1 Yj UI In dition Declarant may convey or lease other property, or an interest the to t}9�ietl8nttse as Common Elements- The Association shall accept the conveyances air -iitt tdiately become responsible for ;all maintenance and operation of all such properties Any real property leased to the Association shall cease to be Common Elements upon the expiration of the lease term Section 2. Owners' Easements in Common Elements Subject to all of the other provisions of this Master Dec on, the Bylaws any and regulations of the Association and any fees or charges establishr and every Authorized User ii}�I�wzie shall have a right and easeme ' W-fo the Common Elements and such easement shall be appurtenant m am 1 �u� Ivery Hornesite, Townhome t Residential Condominium Unit, Ummprovisi�ivrifi adierProperty r Section 3 Designation of Limited Common Elements Declarant reserves the right to designate Limited Common Elements for the primary or exclusive use of Owners and Authorized Users of specific property or types of property in the Community Such designation mnyiportion of the Comjiitiq may be made on a plat of a,recorded by or at the direction of Declarant, or such designation rrogbe fat 1p� � t�Ka[ly described pursuant to any amendment hereto or supple Aro nit temp to this Master Declaration, made m accordance with the provisio Pap e�id records for Brunswick County, North Carolina. A designation of Lumnec C$ elements may be made subject to such conditions, restrictions and reservations as Declarant may include in such amendment or supplemental declaration b Section 4 Limitations on Owners' Rights in Common Elements The Common Elements (including Limited &punon Elements) shall�ect m the provisions of thus Ma' ter Declaration, including the ngh d r at�3 - r� , larant described herein, and! all s easements, restrictions and n j°� ` " a the time of conveyance Further, the rights and easement of enjoyment R�xSgiall be subject m the rights of,the Association to (a) adopt and enforce neaso bye aplvek5 and regulations regarding use of the Common Elements, (b) impose and receive any paymenK fees or charges for the use, rental or operation of the Common Elements other than streets, and for services provided to Owners, (c) grant or transfer drainage and utility easements on any part of the Common Elements, y r 166tis_3 DOC ' J0- ' 1) 1�1Gc_t. U r�,Jfl Lu,I J Ut47�t{ lr� � g 328837 Book 2383Nage: 1344 (d) convey or encumber all or any part of the Common Elements, subject to approval by the Owners as hereinafter provrd, and (e) exchange with the Declarant, or with any Owner, any portion of ilia Common Elem tSuPr'' aPProxtmaj� y urea of other property to be added to the Common Elements, where ciYn a p� � by the Association shall cease to be Common Elements and shall tip -P �e bjec visions of this Master Declaratuin Ij relating to Common Elemental / �� r'JM i Section 5 Easement for Provision of Certain Services An easement is hereby established over, upon and across the Common Elements for municipal, public and private utilities serving the Community, and for governmental and law enforcement authorities with jurisdiction over the Community, for setting, removing and reading utility meters, maintaining and replacing utility or drain ty Wits, provi �ouection services, and acting with other purposes consistent with pub elIt tit [initiation police, fire protection and animal control (`J7 (' . r , Lf Section 6. Conveyance or Enca'MIS i 1ommon Elements Portions of the Common Elements may be conveyed or subjected to a security interest by the Association if Owners entitled to cast at least eighty percent (M) of the votes of all the Owners agree in writing to that action, provided that all the Owners of property to which any Limited Common Element is allocated shall agree in order to convey that Limited Common Element or subject it to a security interest Dv;tnbuti6AIKprocecds of the T muted Common Element shall be as provided by agreement betwv9ktlie l�Ti�jar � allocated and the Association. Proceeds of the sale or futi tr¢�Q#� ZKOuse Element (other than a Limited Common Element) shall be an asset tr�ssociaf@ Wffiing the foregoing, the Association shall not convey, mortgage, encumber or of Common Elements prior to December 31, 2030 without the written consent of Declarant Further, no conveyance or encumbrance of Common Elements may deprive any Owner of the right of access to such Owner's property located within the Community. Article V r I Section 1. Property and Liabiity d'r8n�e The Association shall obtain and maintain property and hablltry insurance coverage as hereinafter provided (a) Commencing not later than the time of the first conveyance of a Homesite to a Person other than Declarant, the Association shall maintain, to the extent reasonably available �i riryn�4ut�atrce on the Common Elements insuring against 1dll;j�il3 ca itrece�=loss commonly insured against including firs and exted't fd penis The total amount of insurance after application of any deductib es shall be not less than eighty percent (80"/6) of the replacement cost of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, n w ncbiieaDoc ' �.l �� a 11 ¢�Uas4*8ssa3 r�1 L�', NMI n gUk# 329837 Book 2363Pagec 1345 excavations, foundations, and other items normally excluded from (n) ab i i,_yA1,'rbasonable amounts, covering all occurre 5, JL�Q against for death, bodily injury, and pro �.Qutro)''nncction with the use, ownership, or maintenance of the '�' c meats. i (b) If the insurance described in subsection (a) of this section is riot reasonably available, the Association promptly shall cause nonce of that fact to he hand -delivered or sent prepaid by United States mail to all Owners The Association may carry any other msura&,V, t deems appropriateIt roteect the Association or the Owners c ( (c) Insurance pt�l �to subsection (a) of this section $hall provide that�� �''^t Cl) Each Owner Ingadnsured person under the policy to the extent of the Owner's insurable interest; (t) The insurer waives its right to subrogation under the policy against Owner or member of an Owner's household, (ni) dcby any Owner, unless acting within the scope ¢f � 1 is'a'utharpt pj f of the Association, will preclude recov �Mcrthe (iv) If, at the time of a loss under the policy, there is other msurance in the name of an Owner covering the same'risk covered by the policy, the Association's policy provides primary insurance (d) Any losPV, ered by t.PW ) cy under subsection (a) of this Section shall be adjusted wiiafi� a insurance proceeds for that loss'sre payable w any msuFafi�oJ u " �esrgngW A& hat purpose, or otherwise to the Association, and not t ro io mort�ctary under a deed of trust The insurance trtntee or the Association shall hold any Auf3atice proceeds m trust for Owners and henholders as them interests may appear Subject to the provisions of subsection (k) of this Section, the proceeds shall be disbursed first for the repair or restoration of the damaged property, and Owners and lienholders are not entitled to receive payment of Any portion of the proceekunless there is a surplus of proceeds after the property has been completely repaired or �d, or the A�soeiatibtfis Lissolved (, �I(r.) (c) An ins tation does not prevent an Owner from obtaining insu the (t) An insurer that has issued an insurance policy under this Section shall issue certificates or memoranda of insurance to the Association and, upon written request, to any Owner, mortgagee or beneficiary under a deed of trust The insurer issuing the P ? ' 1 t' �p Ct icsus a rice � 4� 7�) (i its tom! " 7di1�' l¢e�i�'iII1tY Cti ri n !W a 73 8837 Book 2383Page: 1346 policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or nonrenewal has been mailed to the Association, and to each Owner, mortgagee oP-n_ neficiary under a 4 � f trust to whom cerhficates or memoranda of insurance haioer� l� tive last known addresses (g) AnywlfUffrif�hich insurance is required under subsection (s)(1) of this section kt�ed or destroyed shall be repaired or replaced promptly by the Association unless (i} a Association has been dissolved, (u) repair or replacement would be illegal under any State or local health or safety statute or r ordmance, or (in) the Owners decide not to rebuild by an eighty percent (80%) vote, including one hundred percent (100%) approval of Owners assigned to any Limited Common Elements nlSfttq be rebuilt The co pf pau or replacement in excess of oIf any portion of the Common insurance proceeds and rues i . 4, Elements is not re � (} the insurance proceeds attributable to the damaged Common E U slii' ,/ �� t the damaged area to a condition compatible with the remainder of the Cbmfi p(h) the insurance proceeds allnbutable to Limited Common Elements which are not rebtA shall be distributed to the Owners to which those Limited Common Elements were allocated, or to lienhoidets, as their interests may appear, and (itt) the remainder of the proceeds shall be distributed to all the Owners or licnholders, as their interests may appear, in proportion to their Common r Expense liabilities %" S' Section 2. Other 1 �A oeiation shall also obtain and maintain other insurance coverage as bete ioVid�;� (a) The Association shall main ity coverage against dishonest acts by the Association's officers, employees and others who are responsible for handling funds of the Association If the Association contracts with another Person to receive and disburse the momes of the Association, then such Person shall have adequate fidelity coverage against dis}Mest acts and the existence of such coverage shall satisfy the requirement of this p� Any such��erage shall name the Association as an obligee, shall be writtcnv�r CI rr i as the Executive Board shall deem appropriate, and shallrreo tw�i�n .e ased on the exclusion of persons �( who serve without c21Poessanon ti dn3"ci<m d^ of "employee" or similar term. pq (b) To the extent obtainable at reasonable cost, the Association shall maintain appropriate insurance to protect the Executive Board and officers of the Association from v' personal Lability ansmg in connection with their duties and responsibilities in such capacities on behalf othee Association r c rr'f9 n (c) The Assocttaa still( _ o ers compensation with respect to its employees, if any, asI Montreal ,liwMMU The Association may obtain insurance against as the Executive Board shall deem appropriate tesite s.00c s_ r-f'c, p •�i Um Cfre'IA L C'�,?Wt. # 328837 Hook. 2383Page: 1347 Article VI Section 1. Covenafvf(1��fl �ents Declarant covenants, and each Owner, whether or not it shall be so n �� (i 681ff& veyance to such Owner, shall be deemed to covenant and agree to all the terns �i 'visas of this Master Declaration and to s pay to the Association (i) Annual Assessments, (u) Special Assessments, ([ti) Segment Assessments, (tv) all costs of collection, including attorneys' fees, and (v) all other fees, charges, r, late charges, fines, interest and expenses imposed or authorized to be collected by the Association pursuant to this Master Declaration, the Bylaws, rules and regulations of the Association, or applicable law of which shall � I'Assessments Without limiting the foregoing, if any Common Expenserisroaa�rJdr��i,, e�e or [msconduot of any Owner or any Authorized User of �pJopa[ry, socration may assess that expense exclusively against that Own�t3'po�e Section 2. Creation of Lien and Pemonal"Obligation for Assessments Each Assessment shall be a charge and continuing lien on the real property and improvements thereon against which such Assessment is made The lien of the Association shall further secure such advances for taxes and pants on account of superior mortgages, hens or encumbrancesi as may be made by the AssociaM%p order to preso feet its hen, and the Association shall be entitled to interest on any s�uefi a p��iovided for past due Assessments All Persons who shall acgwrF,� r an interest in any property subject to any Assessment hereunder, or BLv%, „� nor rtgage, Len or other encumbrance thereon, are hereby placed on notice of the liengranted to the Association and shall acquire such interest expressly subject to such hen rights Each Assessment shall also be the personal obligation of any Person who was an Owner of such real property at the time the Assessment first became due and payable In the case of co -ownership, all co -owners shall be jointly and severally liable for the entire amount of each Amssment rCSection 3 Priority of for herem is prior to all other lions and encumbrances, except (i) mtrarices tfically including, but not lunuted'to, a Mortgage on such property rte7tbefotiF r�efiP(f the claim of Len in office of the Clerk of Superior Court (as heremafter Vt6 (u) liens for real estate taxes and other governmental assessments and charges against such property No sale or transfer shall relieve such property from liability or liens arising from Assessments thereafter becoming due Section 4. Commencement of Assessments, Declarant's Option to Fund Deficits t A Homositc, Townhomo Lot,'A=al Condommturn P or Unimproved Tract shall become subject to Assessments on the fi y of Q4t�r[on i�f14_'m the month m which a plat thereof has been recorded in the Ian I rig }; liris(+a ek'�Courq. North Carolina, and such property has been annexed into the � � u fy- 4 endment hereto or supplemental declaration refenmg to this Master Dec] a1 ", -,m, accordance with the provisions hereof and recorded in the land records for Brunswick County, North Carolina The Owner of any assessable property that changes from an Unimproved Tract to another category during a fiscal year shall be billed an additional prorated amount for the remainder of such year to reflect the vdy n (11 "11j � `s rx' of N 4 # 328837 Book 2383Page. 1348 category change Notwithstanding any other provision of this Master Declaration, during the Period of Declarant Control, Declarant may satisfy its obligation for Assessments against its property in the Community foi+ari year by fun _ IIPer tag deficit of the Association occurring during such year, the yur�rde�?C;i��-eterihmed by the following formula — the total amount of Asses pt�Joy Association on all other property mi the Community for such year, pl � " & dcd ratwn from any working capital x funds or reserves during such year, plus working capital funds held by' tht } Association at the end of the year, minus the total actual expenditures by the Association during such year Declarant shall be deemed to have elected to fund any operating deficit in such manner until Declarant notifies the Association in writing that it intends to pay Assessments ,4 against its property that has been subjected to this Master Declaration in the same manner as x other Owners of property in t�'W> QRmmumty, which w, 11 be effeehve at the beginning of the next fiscal year after the yearn hi i� SG s gt eh. After once giving such notice, unless Dechuant otherwise rl Lpu s;�)�j-&ifido�`rn m wrmng before the beginning of a fiscal year, Declarant shall be deeQdP9ra`�3e � c'� aymg Assessments or funding any defied on the same basis as during the iitun ing year Declamnt's option to gtalre such election shall terminate at the beginning of the next fiscal year after the year in which the Period of Declarant Control ends as Section 5 Prorated Assessments and Initial Capital Contributions For the fiscal year in which a property firFfl mes subject to ents hereunder, the amount of the Assessments payable for such yea iall fq�o date that such property becomes subject to Assessments, and al itlj'�y1f6r`the remainder of that fiscal year In addition to iite if% ial of each Homesrte, TownhDate the prorated Assessments, at ti a of ti i � , Lot or Residential Condommium Unit, the purotii ei ll pay a working capital contribution in t the amount of $400 00 to the Association Declaram shalt have authority to change the amount of the required working capital contribution at any time with inspect any property conveyed by The Executive Board shall have discretion to allocate Declarant after the date of the change. such working capital at any �tmic for operating expenses of the Association, or to retain such finds for future contingencies er purposes _% (' �h f8 t Section 6. Due � and Interest. The Association shall have Any due Assessment or authority to establish the d _,�it S o . ierit past installment thereof shall bear interest at the �rdtdgoen percent (18%) per annum or such other rate as established by the Association, not to exceed the maximum rate allowed by Further, the Association may impose reasonable charges for late payment of Assessments, or to installments thereof The Association shall, upon demand at any time, famish to any Owner i liable for Assessments a cergIficate in wnting signed by an officer of the Association, setting th forth whether said Assessmen c l] bift the Ownor, such certificate shall be conclusive evidence of payment o 7 stied to have been paid r fn 7beenikpar;id;f% Sechon 7. Annn�L ems" o l�t�ibn shall levy Annual Assessments maintenance, repair; and for the payment of Common Expenses, mc�the operation, replacement of the Common Elements, and for the provision of services that the Association is authorized to provide The Association may allocate portions of the Annual Assessments to fund a reasonable operating expense surplus, and to establish reserves for contingencies, emergencies, rLrt�2,8 328837 Book 2383Page: 1349 and/or for construction, maintenance, repair and replacement of Common Elements. Expenses shall be assessed as follows (a) General Cn §��}'"ed against all Homesn:6, Townhome Lots, Rest en t °'Units. Unmproved Tracts and Other property Each Home 1 ,� affl iddatiai Condominium Unit, and each acre of each Unimproved Tract, sh 1SE—ed ffie same amount for General Common un 1 Expenses (fractional acres shall not be eofor assessment purposes unless an Unimproved Tract consists of less than one acre, in which case such Unimproved Tract shall be deemed to consist of one acre for assessment purposes) Any Other Propeity shall be assessed for General Common Expenses in such amounts or at such ratesi as Declarant shall provik*sri amendment here or sp7plemental declaration recorded in the land records for Bruns ftk,:Coµ, *, ► , with respect thereto Common �1r�Il �0) � ` IF �' , (b) Lrituter� Wonn)on sas,'fifi$* 3ha11 be assessed only against the property within the Community foi ��11}�hrch such Limited Common Expenses are incurred, and in such amounts or at such rates as Declarant shall provide in;an amendment hereto or supplemental declaration recorded in the land records for Brunswick County, North Carolina, with respect thereto The Executive Board fix the amount of the �{ual Assessment against each type of property as heremabove provid ueupon +}r+ `0 V*&dule of the properties and AnnYial Assessments applicable thereto l! 1j F all be open to inspection by any Owner Written notice of the Annual �ai9nt J therdcipn bt to every Owner subject thereto raq Section 8. Special Assessments in add�itytoiil to Annual Assessments as authorized in this Article, the Association may levy Special Assessments (a) to construct, repair or replace capital improvements upon, or to snake additions to, the Common Elements (excluding Limited Common Elements), (b) to provide for the necessary facilities and equipment to offer the services authorized herein, (0 y any loan made toft�ie Assoctation to enable rt to perform the duties and functions anal°ne ( a}3y, other purpose deemed necessary or desirable by the Executive Board J atiYo B maY, without approval by the Owners, authorize the Association to MIPPSYMb m any year m a total amount not exceeding twenty percent (2� iof the amotfdt'sl3ihc ual Assessment for such year. Any Special Assessment exceeding such limit, before bei charged must be approved by the Owners by twoAirds of the votes cast or a majority of the votes entitled to be cast, whichever is less The amourrt of each Special Assessment charged to Owners of different types of assessable property shall be in the same proportion as the Annual Assessment ,r Section 9. Segments. EC) erits an ' aRi-):Annual Assessments and Special Assessments as authorized m 1 4 " ' i � may levy Segment Assessments to be used for the benefit of a parer , or segmet Community (such as improvements or additions to Lunited Comim6n Elemen{s��+r toes provided only for certain Owners), the payment of which shall be home by the Owners wit�l1-'such segment, subject to the following pnovislons 166118_3 DOC l •. N W_- - - - - - - 328837 Book 2nVage: 1.350 (a) Declarant shall have the right to establish a continuing Segment Assessment for Limited Common Expenses applicable to designated property in the Community by mciud vtsIons for stir y�e7it Assessment in the amendment hereto or supplemental d=oni a g p( ryileity Unless otherwise provided In such amendment or �1 , ion the Executive Board may increase the Segment Assessment v V rssu�"di liC`,ommon Expenses (b) Except for Segment Assessments established by Declarant as aforesaid, a Segment Assessment must be approved by the Owners of the property that would be subject thereto by two-thirds of the votes cast or a majority of the votes entitled to be cast, whichever is less A continuing Segment Assessment established by a vote of Owners may be disco qnj ed by a majon ° j ryotes cast by Owners of property subject thereto, provided th lime fit(' �$tneh{'shall fund any expenses resulting from its drscontmuanc Lr l � i1 v �- tfi� o-�aoa�ra Section 10. Remedies of Assoc IWAi iti yment of Assessments In addition to any other available remedies, the Association I have the following remedies for nonpayment of any Assessment (a) The ben of the Association for nonpayment of any Assessment shall be enforceable from and the time that a ciaug,oflieri is filed of record in the office of the Clerk of Superior Co B rICo4,1brth Carolina which claim shall state the name and addF��ia4uon the name of the record owner of the property at the time thtticQM o T' Ipjssled;�Mr*Aon of the property and the amount of the ben clammed Tvecla'im of lien as when any Assessment or installment thereof remains unpaid for a period of thirty 0) days or longer, and the lien shall continue in effect until all sums secured thereby have been paid in full Except gas otherwise provided by law, the Association may foreclose the hen in like manna as a mortgage or deed of trust on real estate, including but not limited to power of sale under Article 2A of ChatmtcA4 -qf the North Carolina, 1 Statutes Upon full payment of b'e)t s i or released of record. all sums secured by such (b) The A i�tiiilrrimg J- inj tign a law against any Owner obligated to pay any past due Assessment f iddafth an action shall not be deemed to'be an election by the Association which shall prevart from thereafter seeking enforcement of the collection of any sums remaining owing to it by foreclosure action or power of sale, nor shall proceeding by foreclosure or power of sale for such purpose be deemed an election precluding the institution of a sun at law to collect any sum owing to Association, 'k- , , n ril c (e) 'The Assoc3at �� +a Doty, after notice and an opportunity to -be hard to suspend prii to esl�iC s v�gs liffliiffiFE -the Association (except rights of access to an Owner's property m IP& ty� ,during any period that any Assessment remains unpaid for a period of thirty (30) days 0, ' longer The procedures for suspension of privileges or services shall be as set forth in the Bylaws or as required by law der 16611" Doc �jr1 1�;U r a�mh i Lu 0 328837 Book 2383t?aige: 1351 r i Section 11 Exempt Properly The following interests in real property subject to' this Master Declaration shall not be subject to any Assessment or hen provided for herein, solely by virtue of the such interest. (a)mon Elements, N dra ge or utility casements, and (c)'any fion of the poCommunity dedleate� tom!i public authority No land or Ft improvements m the Comm iiseor residential or commercial use shall be exempt No Owner of any I A,ssW61EH6y become exempt fiom hablltty for any Assessment by waiver of the use or N o0ftgJ any of the Common Elements, or by abandonment of such property, or in any other way Artkle VII ►tecturai Controls It wwi' v Section 1. order Pu A � in Ider to establish and preserve J harmonious and a�thahcal ,7 ce standards throughout,the ;r Community, and to protect and promotes 7% s4 &jiropatty in the Community, all such r property and all unprovemuds thereon, including landscaping, shall be subject to I the architectural controls, review requirements, use restrictions and maintenance regmtemc ii set forth heaem i Section 2 Archtt dal Review Comm Architectural Review Comm(trtee (the "ARC") is hereby establishedq' %' lkrant Control, and thereafter until Declarant either terminates s Qri� i to the Association or ceases W own any properly in the Community, s� a �°rilit to appoint and without cause remove members of the ARC, and Dec v ftpate a chairperson of the ARC Upon expiration or term nation of such right of Declarant, the txeeirnve Board shall have authority to appoint and, without cause, remove members of the ARC, and the Executive Board ,may designate a chairperson of the ARC The members of the ARC need not be Owners or Members i The ARC is authorized to retain the services of consulting architects. engineers, inspectors, landscape architects, attorney airy other professi , fis it deems appropriate to advise and assist the ARC m performing its (,`�� �2 57{(��� L1V pe 4�[ {� 4i , a Section 3 O ra neat F;�ominittee Prior to any inet:tmg reasonable notice shall be given to each mere t , RC indicating the time and place of the meeting. Any ARC member may waive nohce by afFrmative action or by attemdancei at a meeting A quorum shall consist of a majority of the members serving on the ARC at the time of a meeting The aEf rmahve vote of a majority of the ARC members present at a duly called meeting at which a quorum is present shall be the act of the ARC Action may also be taken by written consent of all of the 45 is serving on the D r Section 4. Design a�taixl(iF;nias The ARC shall establish and publish standards and guidelines s tit � b� tuts WRW—Weclarahon and any supplemental restrictions recorded in accordance it ereot; to more specifically define and :y describe design standards, guidelines acid review pr5ccdam The design standards' and guidelines maybe modified or amended from time to time by the ARC Each Owner shalli have I c�n� 'fit 328837 Hook 2383t'age: 1352 a right to receive a copy of the current guidelines upon request, subject to a reasonable charge for copying or printing Section 5 Plan Appr r oi�A�nition, excavation, or changes In grade, lair any constructio u&r or installation of any improvements or landscaping shall be under , j��t � n>b �d r any property in the Community unless plans and speetfication`showmg the na �--nape, height, materials, color scheme and location of the proposed unprovements and/or landscaping shall have been submitted to and expressly approved in writing by the ARC By way of illustration and not of limitation, improvements requiring approval shall include any dwelling, outbuilding, paving, fence, wall, sign, antenna or satellite dtsh, mailbox, fuel storage tank, exterior lighting, exterior pamung, omarnenial or ftmchorml exta � (Includ }(planters, statues, lawn ornaments, bird feeders and bird baths, any of by the ARC), and any receptacle or enclosure for garbage, trash r uent aherat modification or additional improvement or ia�lpg) ��roval from the ARC Prior to occupancy of a structure in the Community, a '(r ction approval must be obtained from the ARC The ARC and its agents shall have the right to inspect all construction for compliance with approved plans and specifications, and ARC requirements Section 6. Architectural Review Proem Prior to commencement of any work, the Owner shall submit or cause tot; bmttted to the AK-a"plate application including at least two (2) complete sets of final p , d * j64 �'o�r'�all proposed improvements and .a landscaping The applicatio 1 I1 �itt fete >f the plans, specifications or other information requited to be sit nC t� n �or�t i{� li "t�4tatron or fail to present full and adequate details upon which the ARC can i;2e"(Xzkciston The ARC shall approve or disapprove the plans and specifications within ninety (90) days after receipt of a complete application The ARC shall retain one set of plans and specifications for its permanent files and i return the other set to the Person submitting them, with the approval or disapproval endorsed thereon The ARC shall have the right to disapprove any plans, specifications or details submitted to it in the event the care not in �ith any of the provisions of this Master Declaration, the recorded of f��rt�y, any supplemental restrictions recorded m accordance with the i cud orQa�is or guidelines established by the ARC, or if the design or Z�ol cm s 0 rile proposed improvements or landscaping are not in harmony with the gene raj sfiriracfpjgs of the subject property or with the standards of the Community If the ARC fads to approve or disapprove plans and specifications within ninety (90) days after a complete application has been submitted and received, approval shall not be requited and the requirements of this Article will be deemed to have been fully r satisfied with respect to the Ions and specifications submitted v pro idol, however, that all improvements and landscapmgmill subject to the >r dons of this Master Declaration, /� the recorded plat of the subject prop j a ' [ions recorded in accordance with the provisions hereof, Arid 7 s' ' iitt Y fished by the ARC, moludulg without limitation building -min ngysize m t trements and maximum built upon area (impervious coverage) restrictions '�..4 Section 7 Review Fees, Construction Bonds and Fines The ARC shall have authority to charge a review fee and require a construction bond or deposit, in amounts ry 1 166118 3 nOC /� i'! \rl-� ,v �1 !IUIff•'V\ L `�'?i;- W 328837 Hook 2383Page: 13w established by the ARC from time to time, with each application submitted for review The ARC shall also have authority to impose fines for unapproved work or changes, or other violations; of this Master Declaration, the ed plat of the sub le any supplemental restrictions recorded in accordance with the p%yVt�fns�lu�or guidelines established by the ARC, or any other requireme _i i RC pursuant to its authority hereunder Any fine charged a be�uent attributable to such Owner's property with respect to which e fine is W47 Section A. Disclaimer of ARC Liability The approvals required herein are separate from and in addition to all permits and approvals required by public authorities In no event shall any approval by the ARC, the Association or Declarant be construed as providing any assurance regarding quality, fitness or suftiibility of design, er nstrucbon, or compliance thereof with any applicable permits, buuld[�des p s ARC shall not be responsible in n any way for any defects in ar)ty"p�a� oas submitted, revised or approved i m accordance with the provisiorRO" ``"t�ARC�excE er other def is m any work done according to such plans and specificationsC nor any member thereof shall be liable to any person for any official act of tto the extent the ARC or member thereof acted with malice or wrongful intent The Association shall indemnify the ARC and the members thereof in any action or proceeding against the ARC or any member thereof acting in such capacity, except to the extent that the ARC or the member shall be adjudged to have acted with malice or wrongful mtef4provided that a court,m hich such action or proceeding is r brought may determme that in vies{` all t�t>�a�i6th person is fairly and reasonably entitled to indemnification �L { Q Ity, 2 Use Restrictions and Easements on Homesites Section 1 General In addition to the other provisions of this Master Declaration, all Homesites shelf be subject to tfic use restrictio% and easements set forth m this Article Each Homestte shall also be su to aifi�n }t (farther restrictions and oasemepts applicable to the recorded plat I'M �mesne is shown, as set forth on such plat, or R� \ contained in any amendment ��n referring to such plat and this Master Declaration, made in rdance eons hereof and recorded in the laird records for Brunswick County Section 2. land Use and Building Type A Homesrte shall be used for residential ryi purposes only, and no buildings shall be erected or allowed to remain on any Homesite except one detached single-family 64Lmg and not more than outbuilding (a detached garage is considered to be an outbuilding ar)v sesi No dwelling shall be erected or allowed to remain on any Ho rn l i"tion of such dwelling is substantially performed on the Homesite me, m6bildgMMA manufachued home or geodesic dome shall be erected or altomaini3PIM* i rue No street shall be constructed or opened across or through any Homesite No Homesttc'" zany structure located thereon shall be used for the manufeoturc or We of any article, or for conducting any business, trade ;or profession that involves the coming and going of customers or suppliers to and from the lccns_sooC 202�\��[f�;� r rtj ti Y � ; u� ,y r' gj pJ _))�r �r lr 328837 Book 2383Page: 1354 Homesite, provided, however, that a Homesite may be used for a temporary sales office and/or model with written approval of Declarant Section 3 Resubdivlsro d QQ�m� Homesite or Homesites shalli be resubdivided, combined or ay apt tt�d�i Ed without written approval of Declarant In the event that any such cPisl� Homesite or Homesites shall be shown on a recorded plat and the covena� restrictions and easements set forth herein shall apply to each resulting Homesite Section 4. Building Location and Setbacks The ARC shah have the authority to determine the specific location of any dwelling or other structure on any Homesite, provided that no dwelling, detached garage ptber outbuilding shall, be qrcaAd or allowed to remain on any Horresite nearer to any property"�II th ks shown or described on ,the tih recorded plat showing such Hot uch ck is waived or modified in writing by the ARC and allowed by appliico y Muirer&Rl = c cS,1��tb Section 5 Minimum Dwelling Size grid Maximum Built Upon Area, Construction on any Homesite shall be subject to minimtan dwelling size and maximum built upon area (impervious coverage) restrictions as set forth on the recorded plat showing the, lot and/or in an amendment hereto or supplemental declaration referring to such plat and this Master Declaration, made in accorda&wth the provisions h d recorded in the land records!for Brunswick County i Section 6 Compl t, ' ctiooH�'d ilaeaping Once construction of a dwelling has commenced, rt'jtiust be co4=' ,y�,_ro'!'pdy for occupancy within twelve (12) months No dwelling shall be occupied until it haste substantially completed in accordance with the approved plans as evidenced by a final inspection approval issued by the ARC All landscaping must be finished upon completion of the dwelling, weather permitting, and in any event within sixty (60) days after the dwelling is occupied Any subsequent alteratton, modification or additional i ement or landscapin us bwne completed within a reasonable time as determined by the ARC i er and for good cause shown, the ARC may extend the time =bon or landscaping 2,�'/ .ter Section 7. Fences; alls, Pla9gtro�n'Bti�4� went and Signs No chain link fences shall be approved No dog pen or kennel shall be erzcU -or allowed to remain on any Homesite All playground equipment on any Homesito must be approved by the ARC and must be located behind the rear line of the dwelling No billboards, posters or signs of any land shall be erected or allowed to remain on any Homesite, except (i) a name and address sign, and (u) a temporary sign reflecting construction otttwel6ng on such Homesr` by a licensed contractor, the deign of such permitted signs must be air ved b� f (� Section 8. No T r t r es ernes. No structure of a temporary character shall be erected, p r r allowe2lrtbqpmewe n any Homesrte, nor shall any building materials be stored on any Homesita No taut, camped; on or other outbuilding shall be used as a temporary or permanent residence No outdoor clothes poles, clotheslines or similar stiuetutes shall be placed or allowed to remain on any Homesite, 328837 Book 2383page: 1355 a i i Section 9 Boats, Trailers and Certain Vehicles No boat, watercraft, trader, bus, camper, motor home, recreational vehicle, commercial vehicle, or inoperative or uniteen�ed vehicle shall be parked for 1{l'ttg than twenty four i 4��pttrs on any Homesite, except in a fully � garage with the garage door fulsed aa�¢ Sicdkup truck or sport utility vehicle maintained for personal use �o' `"�i s ald iCdi M'a commercial vehicle for purposes of tits restriction) Violators may''' {x� theta wMAR grader or vehicle towed by 'the Association at the owners expense No boat !trailer, or vehicle of any type shall' be stored, either permanently or temporarily, on any Homesite prior to completion and occupancy of the dwelling on such Homesde Section 10. Annuals, Nuisances Dogs, cats and other household pets shall, be permitted, provided that they say of kept or nu intat fqr commercial purposes and furt#rar Provided that they are kept aad ma srned ���tlt all applicable laws and ordman;es and any rules or regulations ation relating thereto Otherwise, no annuals, livestock or fowl of any lei Q) bel Z affi'einam on any Homesite for piny purpose No noxious, offcncrve or illegal ac be conducted upon any Homesite nor shall anything be done on any Homesde that is a nuisance or an annoyance to the community f Section 11 Wells and Irrigation Systems No well shall be drilled, installed! or allowed to remain on any Homesite for drinking water or other household or potable water supply poses A well maf$tg„tnstalled on a Hom�1 to�qr irrigation purposes only, provided that the location and screening' yimeiit or improvements must; be approved by the ARC Further err A 11 be designed or ungation water shall be filtered as necessary to avoid ¢n�n�$��1is curbs and paving Jg� tt Section 12. Ponds The use of ponds loarted ink the Community is subject to riles and A regulations of the Association, which may include prohibition of use To the extent that all or %F any portion of a pond is located within or abutting a Homesite, the Owner of such Homesite shall be responsible for maintaining the edge and bank of the pond and for controlling erosion due to stormwater or other ntrtoff f Akffjthin such Homesite. r.+. - Section 13. Wetlands, u c�tis4_ may be present on portions of cer>jam m Hoesites Dramiag, fill �llcave' r land disturbing activities in jurisdictional wetlands are re and {lilt *bided by federal and state law No such activities shall be undertaken on any Homesite wt� or written consent from Declarant, and until the US Army Caps of Engineers, and the State of North Carolina, Department, of Environment and Natural Resources, Division of water Quality, have been notified ands all requued approvals have been obtained. i Section 14. Property Easelpgl^dot hereby reserves easements jfor installation end maintenance of d 6 t1 >�nd unities on all Homesins along!all property lines, measured ten (j i ; irif0e Hoitifimmeach property line Declarant may install drainage facilities as t etermmes tb� s but shall have no obligation to install any drainage facilities unless required by applicable Uses of such easements for utihhes may include, but shall not be limited to, electric, cable television, teiecommumcations, water �C � �- I�L U� 4 i 'k)r'11,� ��~ ft'or„- 1 328837 80ok 2383Page: 1355 supply, sewer and ungation. All such easements are nonexclusive and shall be assignable; in whole or in part, to the Association, to public utilities, and to other providers of utility services x A vi '°1PL nee of4NVPttW Section 1, General Maintenance Regq is Each Owner of property in the Community, to the extent not provided by a Sub -Association of which the Owner is a member, shall be responsible for repairs, maintenance and upkeep of such Owner's property, whether improved or unimproved, including but not limited to all buildings, patios, decks, driveways, fences and landscaping Rem , maintenance and u shall be performed m a finely, reasonable and prudent mtumer, shall and aesthetically pleasing appearance and to protect and '' pto-peity in the Community The standard for mamtenanot shall be a tin es. by the Association Shouldian Owner or Sub Association farlio perform` zit§�meance or upkeep responsibilities, the Association shall provide such Owner or Sub -Association written notice of the deficiency , if such failure has not been remedied within a reasonable time (as determined by the Executive Board), the Association shall have the right to cause repairs, maintenance and upkeep tojbe performed and to charge the cost thereof as an Assessment attributable to such property Section 2. Mowin� ssoc t ^ t h a program for periodic mowing of ununproveddoor vacant pit>p �fl i j tt�. the Executive may s Y whether the eases fors all betr.€ommon Expense s or I charged to the Owners of camp tes ac � �L�ff aawwing expenses are separately charged then any such charge for a particular property sW e an Assessment attributable to such prom Section 3 Repair After Casnalty Any property or improvement damaged in whole or in part by for, windstorm s ay other cause must be promptly restored or all debris removed and the property restored to a stTeom�,di'lipg,�Ssdj on or removal of debris shall, be completed within three (3) monthcasualty unless the Association grants e written extension if an Owi�]oclatiou.t eomply with this requirement {he Association shall have then %caus-rett�in or removal to be performed and to charge the cost thereof as an Assessment attributable8'is&h property Section A. Removal of Nonconforming Improvements The Association, after reasonable notice to the Owner, may remove any improvements or landscaping construetad, altered, maintained, or rse existing in violation gf the provisions of this Master Declaration, the recorded plat o subject 5tt�ptememal restrictions recorded in accordance with the provisions he atf(C' Wgutdelmes established by the ARC, or any other requirement adopteA the Pent to its authority hereunder, and the Owner thereof shall f reirrlbZkt p ration for all expenses incurred, m connection thre ewith, which expmises shall co an Assessment attributable to such PM'PextY z y 166116 M'C 23 J�- � (r ff 14 I YA sKb �yy r Y �R rye Inst 8 328837 Book 2383Page 1357 Article X Iband Reservahoas�#D,erant LL( lob a Section I Reservatigg �� t�ec�armtt shall have and hereby retains hnd reserves certain rights, reser� > men�Fordi in this Master Declaration including but not hinted to those set fo;040� Declarant's rights, reservations and easements as set forth in this Master Declaration shall be deemed excepted and reserved in each deed or other instrument by which any property wrthm the Community is conveyed by Declarant to any Person, whether or not specifically stated therein. Declarant's rights, reservations and easements as set forth in this Master Declaration shall be prior and superior to any other provisions of this Master Doc 1 vNn. may be ass to or part by Declarant, and flay not, without Declarant's prior con M"edlLaftionded, rescinded or affected) by any amendment to this Master D f (��V ��}I F I Section 2 Deciambit s Right!Mft ttlop Elements Declarant shall have and hereby retains and reserves the right to use the Comr�cws (including Limited Common Elements) and any services offered by the Association in connection with the development, construction, promotion, marketing, sale and leasing of properties in the Community and the Expansion Area. Without Irmrting the generality of the foregoing, Declarant may (a) use the Common Elements for mgresa gress and regress for eel and equipment for development, construction and promotional purjg, (b C� be installed irrigation, drainage facilrttes, utilities, streets, paths. reltrob facilities and/or parking areas within �hc Common Elements c erect a 'talnVgT� temROYTRdings and other structures on the Common Elements, (d) use a portion of any '' other structure constituting Common Elements for office space for admtmstrative, developn=4 construction, sales and/or leasing purposes, (e) allow prospective purchasers of properties who are not Owners to enter and use the Common Elements at reasonable times and in reasonable numbers, and (t) refer to the Common Elements, the Association and services offered by the Association in connection with the development, construcnon, p&Aottton, marketing, aruir�easuig of properties within such boundaries ��r �L� Section 3 Declaraiiy KjtQhts � fopment Dedaram shall have and hereby retains and reserves the right wItka �yof the Association or the ARC, to (a) complete the development, construction, promotion, marketing, sale and leasing of property in the Community and the Expansion Area, (b) excavate, cut, fill and/or grade any property owned by Declarant or the Association, (b) construct, alter, remodel, demolish and/or replace any unprovements on any property owned by Declarant; (c) maintain model homes and/or offices for admmustrattvc, doh ant, construeG? ' I and/or loosing purposes on any property owned by Doclarant or b e nstruct. install and maintain signs incidental to any of the forego and the Exmsion Area. I j �l t�Section 4. Eavemenf for Recreai dKi�mmetria[ Facilities Declarant shall have and hereby retains and reserves a perpetual, nonexc usive right of way and easement for ingress, ogress and rogrom, and for Wines and drainage f tclltdcs, over and across all streets apd drainage easements shown on any map, plat or survey of any portion of the Community recorded 166118�3 DDr 24 J,{��jco���� nn ^ r v,�Atn�aa�as I�"�'2ftC-*t # 328837 Book 2383Page: 1358 in the land records of Brunswick County, whether such streets and drainage easements ate designated as Common Elements, Limited Common Elements or otherwise, for construction, operation, maintenance, repan%§uilding and use of rfat final and commercial buildings and r facilities that are not Common Eli ,i,n�eiild ba g�� muted to clubhouses, golf facilities, swimming pools, tennis courts Pt T r'� V restaurants, lodging establishments, retail establishments and offices, w ie.0 ir',""li¢'v ��i'or'�d sNN't ie Community Nothing herem shall be construed as a regufiement or repre�d$^t�at Declarant or any other Person will � construct any recreational or commercial buildings or facirities Section 5 Easement for Use of Outside Properly Declarant shall have and hereby retauns and reserves a perpetual, nonexclusive right of way and easement for ingress, egress #lid regress, and for utilities and`rnage facilities, ov and across ail streets and drainage r easements shown on any map, plat" curve rdathe Community recorded in the land records of Brunswick Co ementsLM1I and drainage easements are designated as Common El, Luni ant r $�1%Wise for development and use of property within the Expansion Area, or any ' b6W-WQ'Vjgr�f, other than as part of the Com im* Article XI of Annexation and Amendments section i i%acl ! the right, but shall not be obligated, to expand the Comm tv e by annexation to include additional ° property within the Expansudn�� ` ,nv expafif;� be accomplished by recording amendments hereto or a supptttmnental decQwWi tel to this Master Declaration in the land records for Brunswick County, North Carotma, on or efore December 31, 2030, describing the real property to be annexed in each instance and subjecting it to the provisions of this Master Declaration Such amendments or supplemental declarations shall not require the consent of any Owners or the Association Any such annexation shall be effective upon the filing for record, of such amendment or supplemed'tg1 eclaration Upon th tdotron of any such amendment or supplemental declaration, the dens rtj ' A Declaration shall be expanded automatically to encompass and �[ i unr asexpanded Any such amendment; or s supplemental declaration may f�de pr, mrodt A% of thus Master Declaration as it z applies to the property being annexedC�1 eta Seetion 2. Annexation by Owners The Owners shall have the right to annex any property into the Community at any time, with the consent of the owner(s) of such property, 6y the affirmative vote or wntten agreement of Owners of property to which at least sixty seven percent (67%) of the votes ot`414,the Owners are at i provided that any such annexation pion to December 31, 2030 shall iqu the Iarant Such annexation may be accomplished by recording an Ati4o 7 land records for Brunswick County, North Carolina, describing then � be anftit dssubjecting it to the provisions of this Master Declaration m Section 3 Amendments by Declarant Declarant may unilaterally amend this Master Declaration, so long as the amendment has no material adverse effect on the substantive 25 i f J 4= 9�`� (I �� loruzam a� fl �328837 Book 2383Page: 1359 rights of any other Owner No amendment required by any governmental authority, or to coricct typographical or drafting errors or inconsistencies shall be deemed material Declarant, during the Period of Declarant Contiit and thereafter the Exec�ti�ra Board may amend this Master Declaration, without the conse' nt y (� �i�quahfy the Association for tax- exempt status under any applicab a py qr oil Section 4. Amend nt by Oivi apt as otherwise provided in this Article, this Master Declaration may be amended only by the apfirmative vote or written agreement of Owners of property to which at least sixty seven percent (67%) of the votes of all the Owners ;are allocated, provided that any such amendment must be recorded m the land records for Brunswick County, North Carohna, in order to be effective and any amendment prior to December 31, 2030 shall require the written consdip gf Declarant If an Owns is to any amendment to this Master Declaration, n urlll be co ely 4 �� Owner has the authority to give such consent and no contrary prod(li �e or contract between the Owner and a third party will affect the valilt endinmom4hsiendment may remove, revoke' or modify any right or pnvtlegt otrDeci v- ' of such right or privilege No amendment may impair the validity or priority, ofany Mortgage held by a Mortgagee, or impair the rights granted to Mortgagees herein, without the prior written consent of such Mortgagees) Suction 5 Execut and Recordation _o negations and Amendments Declarant may rtcoid any a on, am oiv � kmental declaration made ;by Declarant m accordance with the pin e Any other annexation or amendment to this Mash Declaration s ftl i =�� Owners (to the extent that such approval is required, be delry to the IN oanaand the Executive Board shall, within thirty (30) days after reoeipt thereof: (a) reasonably sr itself that the amendment has been duly approved by the Owners (to the extent required) as provided herein, (b) attach to the amendment a certification as to its validity, which certification shail be executed and acknowledged by art officer of the Association, and (c) cause the amendment to be recorded in the land records for Bnrnswi�ty, North Carolina. Section 6. Effect and V— (r(� rents In order to be effective, any amendment to this Master D"6 Ust�be rept'i *aw. the land records for Brunswick County, North Carohna. An arrfendment'sft� ttve from the date of recordation, unless otherwise specified therein. When any instrument purp'c{Ning to amend this Master Declaration has been executed by Declarant or certified by the Executive Be" as applicable, and recorded as provided in this Article, it shall be conclusively presumed that such instrument constitutes a valid amendment r � Artic4el�3� ��r� n �r 11, Proms q�y Section L Declarant Disclaimer of Ln`ab` WP Declarant shall not be liable to any Owner or other Person for any claim, damage, expense or liability suffered, incurred�or threatened and in any manner arising out of resulting from any reviews, inspections, consents or .� La 166118 3 DOC 26 '-g C j � i r1, 4F �i�CryT� MR p VJ Vnn/V G /WyVy/. I I I J , ,, rt0 ��1 4 328839 Book 2383Page: 1366 I approvals required by or contemplated under this Master Declaration, whether such reviews, inspections, consents or approvals are given, granted, denied or withheld. Declarant shall not be liable to any Owner or other n for any claim dam e,� or liability suffered, mcurrexp or threatened and m any mannerP�tg out o any service provided or measure taken by Declarant, the Associate ,o l��.13iA farittre to provide any service or take any measure, or for the ineffyi$�ppy se rv16S'}ii�Gfdgd or measure taken Each Owner and every other Person eriteri g or using the Community, including Common Elements, assumes all risks of injury and damag�ig from natural causes and/or from any act or omission of any other Person I Section 2 Transfers of Declarant's Rights Declarant shall have the right to assign and transfer, in whole or HN any or all of its jj�� reservations, easements and/or obligations hereunder to one or her Petst�n ��iime or from time to time, pursuant to a written instument executed �ty Ire rded in the land records for Brunswick County, North Carolina Section 3. Application of Restrictions Ph coveaants, conditions and restrictions set forth in this Master Declaration shall apply only to the Community and not to any other property now or hereafter owned by Declarant, unless such other property is subjected to'the provisions of this Master Declaration pursuant to an amendment hereto or supplemental declaration executed by Declarant and recorded in the iI d rds for Brunswick County, North Carolina. ���" Section 4. Waiver F r�lonJnt trr �s Where approval authority is specifically granted to the ARC � � ern, 4AM rs !iy4,}yatve a violation of a covenant. cendrtron or restriction by appropriate instrument in writing `'151k4arant may waive any violation of the covenants, conditions and restrictions set forth herein, or release any of the easements reserved hereto, by appropriate instrument in writing. I Section 5 Enforcement Except to the extent tbid a waiver has been duly granted as provided herein Declarant theciation and lgll have the right to enforce all of the provisions of this Master Decldiiii�n regulations t ies of Incorporation, Bylaws rules and regulations of the Association; rso"n ij �p�violating or attempting to violate the same to restrain the wolattiiei or to Oyn as. Failure to take enforcement action shall m no event be deemed a waiver of the ri s rlfio so thereafter. Except as otherwise provided by law, in an action by Declarant or the Association to enforce any such provisions, a court may award reasonable attorneys' fees to the prevailing party Section 6. Notices lny nonce required to be 4sen to an Owner under the provisions of this Master Declaration shall W eemed to have, hen either (a) band -delivered to the Owner, (b) sent prepaid by Umte�i]( riig address of tiro Owner aPPe�mmg i� on the Association's member�ir fk4k', i) y`ath address designated m writing, by the Owner, or (c) when sent iiby4lJL4&tronwd, IncuMng by email over the lntemct, to an eleetromc marling address designated m writing by fh��'►S�ter Notice to one of two or more to, owners shall constitute notice to all co -owners It shall be the obligation of every Owner! to immediately notify the Secretary of the Association in writing of any change of address j 16611i 3DOC 27 rp r1 f� I 4! I �Ji nJ(i��UU�gr328837 Hook 238 3Page: 1357� I I Section 7. Rights of Lenders and Insurers of Mrst Mortgages "Institutional Lander," as the term is used herein, shall mean and refer to banks, mortgage companies, other fines or entities customarily >f %ding loans secured by r bens on real property, and eligible insurers and governmental guaranto"P� So Jo by Lender shall hold a fast hen upon any property within the Cp� all ti an Owner, such Institutional bender shall have the right ro inspect the f�dgl " of �frtion during normal business hours and to be furnished with at least one (1) copY%f 1 financial statement and report of,the Association and, upon written request specifying an an Vs for notice, the right to be given written notice by the Association of (a) any meeting of the Owners to be held for the purpose of considering any proposed amendment to the Articles of Incorporation, this Master Declaration or the Bylaws, (b) any condemnation loss or casualty loss which affects a matenal portion of;the Common Elements, (c) any 1 cancellation or ma �, Pdtfiication of any insurance policy or fidelitv bond maintained by the oci ra� conveyance, hypothecation or other encumbrance of the Com � � tusuant to specific rights vested in !the Association under Article IV � ltor del i.% the payment of any Assessment by any Owner of property encumbered by a' held by the Institutional Lender The Association shall keep a separate register of all Institutional Lenders that have made written request pursuant to this Section Section & Termination The covenants, conditions and restrictions set forth herein, as the same may be wwnded% cordance with the Psq s bns hereof, shall run with the land that is subject hereto, including aannexgd �_ unity pursuant to the provisions hereof and shall be binding on I '(i/� and and all Persons claiming under them This Master Declaration may ', 1rmtnate - aF� atrve vote or written agreement of Owners of property in the Communityto w1t5 of _,0 ghty percent (W/o) of the votes of all the Owners are allocated, provided that in order to beective any such termination must' be evidenced by a written instrument recorded in the land records for Brunswick County, North Carolina, and any such termination prior to December 31, 2030 shall require the written consent of Declarant. The easements reserved herem shall run with the land subject thereto, including land annexed into the Comma tusuant to die provisu�hereof; and shall be binding on' all owners of such land and all Pe im t t = to the extent that the Person or Persons having tights to an esed such rights pursuant to an instrument recorded in the land records f its `ck+fx�unty. UMMIt . Section 9 Severability Should any covenant, condition, restriction or easement herem contained be declared to be void, invalid, illegal or unenforceable, for any reason, by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no way affect the other provisions hereof, which are hereby declared to be seve*e and which shah �m �lt force and effect. Section 10 Con go Irf U4 event of a conflict between any provision of this Master Declacauon an r]}]ncoc#6XfiWkthe Articles of Incorporation slwall control In the event of a conflict betwpn of this Master Declaration and tihe Bylaws, this Master Declaration shall control isciis�nocrv�lfi�jl,�'yJ� i rJ i sir �S t 41 n, k Y 4 ' Yr 328837 Hook 2383Page: 1362 IN WITNESS WHEREOF, Declarant has caused dus instrument to be executed as of the day and year first above wntten �1rL 4)` y— !iV J r� uti� y Ye611*,3EKX 229 /%b W rtj 1 J �1 « Oo Inst g 328837 Book 2383Page: M3 Exhibit "A" �s, to Mast" Dedatcnpo of Protective � I. Iy and Easements r -11 Property G�m�ett4°l�fti"is'¢pmmunrtv Being all of the numbered lots and Common Elements, Including private streets, shown on that plat of Ocean Isle Pahns, Phase 1-A, recorded in Map Cabinet at � P� � ' 1 ,,gRinswlck County Registry 'Ogg, (n L, 1� U�� tu4 U L��g -�r aWARCW 166118 3-DOC � 4�� l� '.LD 77 REI C W LF j� MAY 1 3 2009 In accordance with Title 15 NCAC 2H 1000, the Coastal S rmwater Management Regulations, deed restrictions and protective covenants are required for High srty Residential S bdrvrsrons where lots will be subdivided and sold and runoff will be treated i l water 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, _Sheldon Tucker , 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_SW8 060338(ftGV , as issued by the Division of Water Quality under NCAC 2H 1000 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 Water Quality 5 Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality I Voe, %38 Lars 6 The maximum allowable built -upon area per lot is 6000 square feet The maximum allowable built -upon area for the Amenity center is 93,654 square feet The maximum allowable built -upon area for the Canoe and Kayak Club is 3,163 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 7 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 dram 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 re uired to provide these additional measures t � Signature�- Date I, a Notary Public in the State of At"-riV g2!2j?j2 .'W County of )1ir,-&a/ .,144j&Vt;-s2 do hereby certify that 5 C?-V& / 7U49e�r. personally appeared before me this the yw day of 5VP7_67YM60_ , 20jp'Z_, and acknowledge the due execution of t fe oing instrument Witness my hand and official seal, SEAL // 6:�44ar. pnnmuw Signature a° .��NY tiOi My Commission expires Ocrod *l_ P, .20a 7 � �� C�OTAR)_ Z AUBLIG s O111UP U ®PP MU Ill iMan 1,iliall il,in us, 1111111III I2894 e6_I=_2ee0 0 n 59Lai 001 absr n Raglelar of gaada page 1 of 3 ��A'111 ,_Finance .er'.ail, o ocontlonn „r...�.� ^nal -a-Nl—^fir aG"0 and Restrictions Ocean Isle Palms Phase 1-A, Phase 1-B, Phase 2-A, Phase 2-11, and Phase 2-C PPrepared it out benefit of ikeesa❑mmaaon by Schell Bray ,pycoek Abel & Livingston LLC NORTH CAROLINA—BRGMFf hJCO�t`Il Y�umw smell li This AMENDMENT TO SUPPLEMENTAbWLARATIONS (thus `Amendment") is executed on Jim it, 2 , 2008, by Ocean Isle Palms, LLC, a North Carolina limited liability company as successor in interest to Ocean Isle Palms, Inc by conversion as evidenced by that certain Cernficamon of Conversion recorded in Book 2733 at Page 1014 of Ole Brunswick County Registry ("Declarant") WHEREAS, the Master DeVf ts, and Restrictions for Ocean Isle Palms is recorded inBook 2383, Page ck County Registry (the "Master Declaration ), and contains covenants, conditions and restrictions applicable to all property within the Community, as defined in the Master Declaration, WHEREAS, Declarant caused the following Supplemental Declarations to the Muster Declaration to be executed fiAdrecorded in the BrunswickqDuaty Registry (the Supplemental Declacatioas��'??�re �5 IU�V�I lJearam s. Page t of 3 Amendment to Supplemental Declarations for Ocean Isle Palms (Phase 1-A, 1-B 2 A 2- B and 2-C) mgar DOC N�FFICI U/ype FFlClq� a �M IU IIII�IIIIIIII Bzeaa p0is8 ¢9-tr-2aaa is sz sa soi Robert J Rpbinaan wl a aplalar of 0aatla page 2 or a Supplemental Declaration of Protective Covenants and Easements for Ocean Isle Palms Phase I -A, Hommites 1-83 and 165-228, recorded on May 4, 2006 in Book 2383 at Page 1364, Supplemental Dec of Protective Cove Eascmenta for Ocean Isle Palms, Phase iotgcgtfea8 , ed on May 30, 2006 m Book 2399 at_P,gge , IU5 ��I o �V �J ma�ffRscame. Supplemental Declamation of Proms and Easements for Ocean Isle Palms, Phase 2-A, Homesites 45 and 475489, recorded on August 1, 2006 in Book 2443 at Page 0085, Supplemental Declaration of Protective Covenants and Easements for Ocean Isle Palms, P 2-B, Homesites 386-449 and 490-491, recorded on October 5, 2006 in 84 atj�4eCceAwjvM=d P�g�9$1� Supplemental Decla�t Easements for Ocean Isle Palms, PHa`s'e1s306, recorded on May 1, 2007 in Book 2599 at Page 1137 WHEREAS, to the extent not otherwise defined herein, all capitalized inote shall have the meaning ascribed to such term as is set forth in the Master Declaration or Supplemental Declarations d %%a� WHEREAS, Declarant has decid uallntal Declarations m order to revise the provisions relate r a consistent with the requnements of certain Stat wa �reennn,,,, ""emu applicable to the Community cl ug NOW, THEREFORE, Declarant hereby amends Section 4 entitled "Stormwater Management and Built Upon Area Limit' of each of the Supplemental Declarations as follows The following exist in la a va Lteoces of said Section 4, shall be deleted m th aR not be filled in, piped or altered, except as necessary g c 30 vegetated buffer must be maintained between all built upo mean high water line of surface waters, and all roof drams shall mrnunate at leas 30 from the mean high water line" The following new language shall be inserted at the end of said Section 4 "All runoff from the bwl n areas on the lot must into the permitted system This may be acco�hs ugh umluding roof dram gutters which dram to the s toward the street, or grading perimeter swales to runoff them into a component of the stonmvarer cull on syste II natty dly dram into the system Page 2 of 3 Amendment to Supplemental Declarations for Ocean Isle Palms (Phase 1-A, 1-B, 2-A, 2- B and 2-C) mgar DOC 1. UNOFFICI,A„` M 0M-12-20 to A y�N �Ragiste of Da.d. pas. 3enr33Mof are not required to provide these additional measures Built -upon area in excess of the permitted amount will require a modification to the applicable State Storrnwater Management Permit " Except as specifically t m ndlq�gt this Amerovisions of the Master Declaration, as heretofore amenM th� rations, remain as set out therem uv �V rg 'V aowmizu IN WITNESS WHEREOF, DecImmQhWRQh, instrumeat to be duly executed, the day and year fast above written. Ocean Isle Palms, LLC, ,R& NORTH CAROLINA — BRUNSWICK COUNTY I certify that the following on(s) personally appeared be re me this day, each acknowledging to me that he sr the fort: oiyg,¢o unde Date 204A O �•M� �y,1111�}/II,�s 11��U un � " Czfl/L ! KING Public 'RIJtWG O(�F-�j�� 10L i EbYnrhission expires VSgS&& op Page 3 of 3 Amendment to Supplemental Declarations for Ocean Isle Palms (Phase 1-A 1-B 2-A 2- B and 2-C) regar DOC Oba 0 � ��(rsaabaewe. M >00 cotmty--Register of Deeds Girt J Robinson 190322 0328838 Book 2383Page 1364 05/04/2006 03 38 30M Rec✓> ri !KW upplemental Declarali_op of Pro Coven ents �(gMiMlifi�ft� s $R-FRA Homesiteai�-228 NORTH CAROLINA—BRUNSWICK COUNTY �1 THIS SUPPLEMENTAL DECLARATION is made on May 'i . 2006 by Ocean Isle Palms, Inc., a No lute corporation " a46ttt'I M aU;XW' camp WHEREAS, DeclarantTs the owner oft party located in Brunswick County, North Carolina, and more particularly described as follows Being all of the numbered lots and Common Elements, including private streets shown on that plat of Ocean Isle Palms, Phase 1-A, Iots 1.83 and 165-228 recorded in Map Cab at Pages 5 Brunswick County Registry (hereinafter re; toll t') (the numbered lots shown on the Plat are Ire vidually as a ' Homesite' and collectively as the "Ho omesitw�ftd`Cftmon Elements shown on the Plat are hereinafter erred to co 'ftft ropert}r) WHEREAS, Declarant executed the Master Declaration of Protective Covenants and Easements for Ocean Isle Palms and caused it to be recorded in Book a 3s3 at Page 1�. Brunswick County Registry (together with all amendments thereto and supplemental declarations recorded in accordance with rovisiu s thereof; the "Mas r Declaration") (unless otherwise defined herem, all terms defin Master D�ppmmI ,have the same meanings in this Supplemental Declaration) uu o. WHEREAS, the Mute huano covenants, conditions, restrictions and easements running with the land, including pro sciting forth certain functions and duties of Ocean Isle Palms Property Owners Association, Inc (the "Assocmauon7 and its 1e355e LMC Prepared by Schell Bny Aycock Abel & Livingston PLLC (]AM) (WithauTide Fxmunauoa) M " ` �9 p�U'It # 328838 Book 2383Page 1365 Architectural Review Committee (the "ARC'J, and easements and other rights reserved by Declarant, and WHEREAS, Deelarant desues t $qhj yotpe�Property to certain additional covenants, conditions, restnetiom purpose of protecting the value and desirability thereof and of o Riess maona. spsBrg NOW THEREFORE, Declarant hereby dee a3c %t the Property shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration, and to the following additional covenants, conditions, restrictions and easements, all of which shall run with the land and be binding upon all parties having any right, title or interest in the Property or any part %reof, their heirs, successors and assigns, and shall mum to the benefit of each owner thereof ��jj-- C n 1 Homesites an 0225 m on Driveway Connections Each of Ote Homesites is hero t�� esrte, as efined in the Minter Declaration The streets and other Common Elements shown o t are hereby designated as Common Elements, as defined in the Master Declaration. For any Homesrte adjoining an alley Common Element located to the rear or side of the Homesite, the driveway connection shall be to the alley and not to any street adjoining the front or side of the Horiesite 2 Budding Uca and Setbacks has authority to determine the specific location of any dwelling c er 4=esrtc, provided that no dwelling, detached garage or other outb o ed or allowed to remain on any Homesite nearer to any property line ad on the Plat, unless a setback is modified in writing by the ARC and allowed y rang requirements 3 Minimum Dwelling Size. No dwelling shall be constructed or allowed to remain on a Homesite unless the total floor area of the heated space within the rooflme of the maul structure, excluding my basement, garage and one-story porches, is at least 1,600 square feet 44 4 Stormwater Mane tit L&a Limit The covenants in this paragraph are intended toe a with the State Stormwater Management Permit applicable to the Prop a iss°ft�P Department of Environment and Natural Resources, Division o Water C 2H 1000 The State of North Carolina is made a beneficiary of these covemais to the ex eat necessary to maintain compliance with the Stormwater Management Permit These covenants pertaining to stormwater may not be changed or deleted without the express written consent of the State Alteration of the drainage as shown on the approved stormwater plan may not take place without the concurrence of the Division of Water Quality ! -area Rff Hornesite is as folIgm 4,000 square feet H)mysu �*" 186, 189-192, 195, 205-209 and 218 4 500 square feet esites 1 4147, 49-52, 54-56, 59-61, 63fi5, 68- 70, 72, 72A, 73, 75-81, 83, 167, 170-173, 177-182, 193, 196- 197, 200-203, 215, 217A and 220-229 173558_2 DOC i I�IpI. FFICIAL N�FFICIAL 0 9 328838 Book 2383Page 1366 5,500 square feet Homesites 26.27, 29, 38-40, 48, 53, 57-58, 62, 66-67, 71, 74, 165. 174176, 183, 187-188, 9 , 198 199, 204, 210-214, 216-217 This allotted amount includes area awit in the Homesite boundaries, and that portion of the nghto a of tho Homesite and the edge of the street (back of the curb) Bmlt upon area includes, not limited to, structures asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools Swales shall not be filled in, piped or altered, except as necessary to provide driveway crossings A 30' vegetated buffer must be maintained between , built -upon area and the meapjugh water line of surface waters, and all roof drains shall tennian t least 30' from the rig h water I,ne IN- 5 Easements i tese elf, its successors and assigns (1) easements for drainage Sipes s, and for utilities, on all Homeshtes along all property Imes, measured ten (10) feet m S. Homesite from each property line, (u) other easements as shown on the Plat, and (m) easements described in the Master Declaration. Such easements shall be for the specified purposes, together with a right of ingress and egress over and upon the subject property for such purposes All such easements are nonexclusive and shall be assignable, in whole or in part, to the Association, to public utilities, and to other providers of utihtyces n 6 Amendments, i Ie (iJ Supplemental Declaration shall be subject to the provisions les o e Master Declaration, and other applicably provisions thereof, including mthout the provisions regarding rights and reservations of Declarant, amendments, disclarmers, waiver of and consent to violations and enforcement, all of which are incorporated herein by reference 7 Application of Restrictions. This Supplemental Declaration shall apply only to the Property and not to any roperty now or owned by Declarant. Without hnutmg the foregoing, this Suppl L pply to any property designated on the Plat for furore develop�gl.nfj U�V 11((JJbb��..��taa [Remainder of this Pag87iti�HMO Left Blank] IpL oFFL�rgt nssss_z ooc t- 3 M (0apgLIL, 11111& 23:fi�t 8 328838 Hook 2383Page 1367 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year fast above wntt �9 NORTH CAROLINA—BR WICK COUNTY a 1,�cerhfy that MARK A SAUNDERS personally came before me eds President of Ocean Isle Palms, Inc , a corporation, and that h sde�/ 7!}onud to do so, executed the foregoing on behalf of the corporation. �L� WITNESS my hand and official seal, this the 4 'AVay of 20 d 6 (official Seal) 4ingdname 0 B>�V L3AX G Notary Public o NOTARY''`; { r'G PUB Lt t i+ My commission expues MC14t insse_r ooc 4y�-4-���r� lJ u v�aae. rn UNpp FFICfQ< ` d. V u "O06 — v328638 Book 2383Page 1368 Banc of America, NA—, as beneficiary under a Deed of Trust encumbering the property described in this Supplem claration, said Deed ii ,Tg�ist, being recorded n Book 1299 Page 1135, Brunswick County try, Jo lS non hereof for the purpose of subordinating and subjecting said ded, to the Master Declaration end to this Supplemental Declamhon(� ss(�gj��, lJ Bank f e* ii126 N By p Sen,N� Vice President a Notary Public certify that p &rsodally came before me this day and acknowledged thaChOor she is or Vice President of BANK OF AMERICA, N A , a corporation, and thaC§eMe as Senor Vice President, being authorized to do so, executed the foregoing on behalf of the corporation Witness my hand and offic of may , 200 (Official Seal) v �nnlll ii„lllltt--ll//IVJ..__UU,�!!,/L. *SitumZFftNota?y �n� SEAL "smssa Mckc�CLTurner I�PJNotaryPublic Y Printed or typed name q .:0 O O O (C Zj)Q m 03558_2DOC o -5- ��xn, O'UF ��ABgd➢661AC8A41I I M 4 d „ R ck County—Regastec of Deeds fI n W o &vAintieat J Robinson (J ��OO��sp�, nst #333057 Book 2399Page 503 5/30/2006 04 03 47pm Reci 713101 DE aSA a rn t K avrr�rvT�Yi� °LREV—TCt ft, F'EC4_CK AMT—CKt 7SH—RFF_.—BY—T-2a— Supplemental Declaration of Protein Covenants and d e,Ittents o�om��C n,6t% NORTH CAROLINA — BRUNSWICK COUNTY THIS SUPPLEMENTAL DECLARATION is made on May 1—ar 2006, by Ocean isle Palms, Inc, a No arolma corporation ("Declarant") �pll� ��or(�� WHEREAS Declarant Sk`-0il ownetg'/(c roperty located in Brunswick County, North Carolina, and more particularly descnbed as =0 lei Being all of the numbered lots and Common Elements including private streets shown on that plat of Ocean Isle Palms, Phase 1-B, Lots 84-164, recorded in Map Cabinet 95 _ a Pages 170 — I`l ( Brunswick County Registry (hereinafter referred to cot el y as the "Pla " ea ribered lots shown on the Plat are hereinafter referred�t,.op^1� Mite" and collectively as the "Homesites," the HOTIfcq toad mmo�t ,err shown on the Plat are hereinafter referred to co vely a111111t9f_0 e ) WHEREAS Declarant executed the Master Declaration of Protective Covenants and Easements for Ocean Isle Palms and caused it to be recorded in Book 2383 at Page 1333, Brunswick County Registry (together with all amendments thereto and supplemental declarations recorded in accordance with the4(�ronsions thereof, the "Master Declaration ) (unless otherwise defined herein all terms defined i`R'. t-g Master DeclaS rAaXH have the same meanings m this Supplemental Declaration) 'YaY�[F' Us l; WHEREAS, the Master ation%tg, l s m covenants conditions, restrictions and casements running with the land including p setting forth certain functions and duties of Ocean Isle Palms Property Owners Association Inc (the "Association ) and its 115747 i DOC Prepared by Schell Bray Aycock Abel & Livingston PLLC (JAM) nn (Without Title Exainmahon) UMDFFZCZIU 4 % [ O nMry �pQ U uv � M9 60q®GGW.UAa `" 6&019G�Sjrr n,.Irust $ 333057 Book 2399Page 509 Architectural Review Committee (the "ARC"), and easements and other rights reserved by Declarant, WHEREAS, the Master 111, laranon provides that Df�c rant may annex additional land into the Development and Declaim shes t =rty into the Development by recordation of this Supplemental D nt also desires to sublet[ the Property to certain additional covenan ,�, i f,,{{eestrictifjt AVUbasements for the purpose of protecting the value and desirabt i y thereof anYYt11"'I"ent properties NOW, THEREFORE, Declarant hereby declares that the Property is annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions restrictions and easements contained in the Master Declaration, and to the following additional covenants, conditions, restncho�d casements all of w cj shall run with the land and be binding upon all parties having any t title air perty or any part thereof, their heirs, successors and assigns, and sha)IdULT oiiiieach owner thereof �w n� DOq®GGIMPLil6 1 Homesites and Common EI en" chons on Driveway Connections Each of the Homesites is hereby designated as a Hom�esi , s defined in the Master Declaration The streets and other Common Elements shown on the Plat are hereby designated as Common Elements, as defined in the Master Declaration For any Homesite adjoining an alley Common Element located to the rear or side of the Homesite, the driveway connection shall be to the alley and not to any street adjoining tHe.Cfont or side of the Homesite n � a 2 Budding Location ga RC has authority to determine the specific location of any dwellin t� i M ire or �i#9tracsue provided that no dwelling, detached garage or other outbui ng shall bt��' r allowed to remain on any Homesite nearer to any property line than the minimum setbac abed on the Plat unless a setback is modified in writing by the ARC and allowed by applicable zoning requirements 3 Minimum Dwelling Size No dwelling shall be constructed or allowed to remain on a Homesite unless the total or area of the heated space within the roofline of the main structure, excluding any basement, g e and on �p�,r o skis at least 1,600 square feet 4 Stormwater M y�7y, d udt JA"7&„W Limit The covenants in this paragraph are intended to ensuie ongoing tg�(B,lassr� tth the Stale Stormwater Management Permit applicable to the Property issued or to be iss,-V, %}Ahe Department of Environment and Natural Resources, Division of Water Quality under NCAC 2H 1000 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit These covenants pertaining to stormwater may not be changed or deleted without the cxRress written consent of the State Alteration of the drainage as shown on the approved stormwa eT 6, an may npt k without the concurrence of the "�}° on area er Homesite is as follows Division of Water Quality The maxi t tt angmGGmruraa. 4 000 square feet H esitcs 1014",�,-� 14,116 118 121 126 149-150 and 162 175747_1 OOC U �- POq�GGL1CRlil4 �aoac�,a�GG�aa ''&4V4 Inst i 333057 Book 2399Page 505 4 500 square feet Homesites 86-88, 97, 100-103, 105 106 113 123-124 130-135 138-141, 143-148, 151, 154-161 and 163 5,500 square feet Homes tes 84 85 89-96 98 9 1 4 107 111 115, 119-120, 122, 125 l'9 11;0.5z3 and 164 This allotted amount includes a �-�IIIfit as conAtit0'[F„Mithm the Homesite boundaries, and that portion of the right-of-way betwee Ire the Homesne and the edge of the street (back of the curb) Built upon area includes but not limited to, structures, asphalt, concrete, gravel, brick stone slate coquina, driveways and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools Swales shall not be filled in, piped or altered, except as necessary to provide driveway crossings A 30 vegetated buffer must he maintained between all It -upon area and the me igh water line of surface waters and all roof drams shall terminate i n�n30' f d4temlgn$r water Imo 5 Easements. DeouN v"t, reserw9offtdf, ro , its successors and assigns (i) easements for drainage swales, pipes an and for utilities, on all Homesdes along all property Imes, measured ten (10) Feet mto omesde from each property line (n)other easements as shown on the Plat, and (w) easements described in the Master Declaration Such easements shall be for the specified purposes, together with a right of ingress and egress over and upon the subject property for such purposes All such easements are nonexclusive and shall be assil;4 le, in whole or in part t " e Association to public utilities, and to other providers of utility servicc ��n ILJ- 6 Amendments, Wtrirc ll��y Supplemental Declaration shall be subject to the provisions o rticles f the Master Declaration, and other applicable provisions thereof, including without limits to6't the provisions regarding rights and reservations of Declarant, amendments, disclaimers waiver of and consent to violations, and enforcement, all of which are incorporated herein by reference 7 Application of notions This Supplerm�;ni�??I Declaration shall apply only to the Property and not to any othe o erty no�+�pe h:--9wned by Declarant Without limiting the foregoing, this Supplemgpt LL�rIIGG''ee'-][��i]� [['�n'b't"apply to any property designated on the Plat for future developm�r w Quo ana�ff�'�.aa [Remainder of this Page InO�io Left Blank] 0�0v gx 175747_1 DOC L 3 r� 0p �� ��O OO uC'®6GALu+l6 b 406`�ffGIDGPQ4 �aoo�i,�pa�,�aa 333057 Book 2399Page 506 IN WITNESS WHEREOF Declarant has caused this instrument to be executed as of the day and year first above Written Vim` NORTH CAROLINA—B�S ICK COUNTY rI 11*11 tttvw` I o 1 y that MARK A SAUNDERS personally came before me this da ae a ,s Pres'dent of Ocean Isle Palms, Inc , a corporation and that he as.d ��udtonzed3ardo so, executed the foregoing on behalf of the corporation ° GQ WITNESS my hand and official seal, this the day of 20_ (Official Seal) &iil(ly .0 POP ONotaryPublic name o z� L8 LIL� My commission expires 1lk a : ;= ICK 00��. M 175747_1 Me & - 4 - � o� M9 00U&W �ny��17 t # 333057 Book 2399Page 507 Bank of America, N A, as beneficiary under a Deed of Trust encumbering the property described in this Supplemental Declaration said Deed of Trust being recorded in Book 1299, Page 1135 Brunswick County 4R4kstry joins inthe ex ton hereof for the purpose of subordinating and subjecting said D f Tnt�@me ItrPthe Master Declaration and to this Supplemental Declaration afl nnDO lJ N A By ig Pear- Vice President NORTH CAROLINA—BRUNSW C f���pd � mxptD�o-nxua¢ I a Notary Public certify that JOn P J6 VLlr! personally came re me this day and acknowledged that he or she is Sen tr Vice President of BANK OF AMERICA, N A, a corporation, and that he/she as !�en of Vice President, being authorized to do so, executed the foregoing on behalf of the corporation Witness my hand and officra ^ I, this t�vjf—�,_ 20N2 (Official Sea!) iW, QA ��- FF�CIAL SEAL Sign ure o rary 0 Notary Pule NOM C; Ma cousryaetwNne= fv'�CI,s`AT r cc P.n ,Notary Public NEUSSA TURNER NEPLEY printed or typed name 11 // dy Comm Ewa Feo 28 2M `p ,,�./�C� M ommy�fspm��res aLASJ"10 1 175741 1 WC M ��ULrU �- mr va01i� M ��1stOr of � BT�443aP00 tie 22M ICI •_ ......_..-. N�FF A .. UN�FFIClgC (��REF i Supplemental Declaration of Prot live Covenants and Easements for Ocean Isle Pslm sse 2-A Homi 0 454 and 475489 NORTH CAROLINA—BR -UT�((((m �. THIS SUPPLE1dENTAL DECLARA un I'D V� 2W6, by Ocean Isle Palms, Inc., a North Carotins coryorason ("Decla,atal WITNESSETH WHEREAS, Ieclamn(ithe owner ofc� located in Brunswick County North Carolina, and more parua .', rob d Being all of the numb tmooa+�Ellaat2t� including private socc s, shown on that plat o teati _2-A, Tots 450d54, 475-M, recorded m Map Cabinet �_ at Page _, Brunswick County Registry (hereinafter referred to collectively as the "Plaf) (the numbered lots shrew on the Plat are hereinafter referred to tdtvtdually as a "Homesrte" sad collectively ns the "Homesrtes," the Homesdes and Common Elem®b shown on the Plat are h erred m collectively as the 0 WHEREAS, Declining of Protective Covenants and Easements for Ocean Isle r tgsp�y ed m Book 2383 at Page 1333 Brunswick County Registry ( wtdw ems theero and supplemental declarations retarded in accordance with the provision thereo Deetamuon") (unless otherwise defined herem, all terms defined in the Master Declaration shall have the same meanings in this Supplemental Declaration), WHEUAS, the Dkclarahun esmbhshw catam covemnta, condmons, resu cuom and easements mmmmg with tnshuhng p r forth carom functions and dunes of Ocean Isle Palms ��g(the "Associeure) and its Architectural Renew C ememicats and other rights reserved by Declarant; vpjd� -_,_ »ot ta z Prepa<mby Schell JIM Aycock Abel a Lvmaoaa PILC (JAW (Wirthout Title auxuaanon) ,.OFFI�IA N�FFI CIAC *QmI�I�II I III III NMI Pae�� :�er of Deeds page 2 r °�r WHEREAS, the Master Declaration provides that Dcelatant may annex additional land into the Development, and Declarant mashes to annex the Property into the Development by ,cemdahen of this Supplemental Dwiamnon, and Declarant also desnes to aobJect the Property to carom additionai coadmons, resmenons and easements for the purpose of protecting the value and desimb f and ofJ�otherj s t propemes NOW, THEREFORE, dttmea that the Property is annexed into the Development and shall be a� vey m the covenants, cendinona, restnenons and easements contained m the on, and m the following additional covamnts, conditions, restrictions and eesemenu, all o shall tun with the lend and be binding upon all parties having any right, title or interest in the Properly Of any part thereof, their hens, successors and assigns, and shall mum to the benefit of each owner thereof d Homesites andr' Elements, na on Driveway Connections. Each of the Homesites >s hereby— Zed in the Master Declaration The streds and other Commonaro hereby designated set Common Elements, as defined m the F mllommg an alley Common Element located m the rear or of the veway connection aha0 be m the alley and not to any strew adlommg the front or side of the m 1 Building Location and Sefteks. The ARC has authority to determine the specific location of any dwelling or other structure on any Homesite, provided that no dwelling, detached gaTW or other outbaQuag shag be constmeted or allowed to remain on any Homesim Beam many property Imes thanon the Plat, unless a setback is modified in writing by the ARC and requirements 3 M nimum Eammo gyp s a constructed or allowed to remain on a Homesite unless die total floof the within the roofhne of the main souctnM excluding any basement, garage and one-story porches, is at least 1 600 square feet 4. Stormwater Management and BOW Upon Area Timm The covenant in this paragraph are intended to ongoing compliance with the State SmrmwaW Management Permit applicable to the F or to be �e Deparmient of Environment and Natural Resources, Invasion of =e 7F ]000 The Stem of North Carolina is made a benefi the extent necessary m maintain compliance with the Stormwater Manag ro stotmwater may not be changed or deleted without the exptess women State. Maranon of the drainage as shown on the approved stormwater plan may not take place without the concurrence of the Dramon of WaterQuelny IhMMUMM1.20MM" `-"i -""' oer Homesim is m follows 4,000 square feat Homentes 450.454, 475 and 476 4,500 square feet Ho 4r75�I�} �> 5j00 square: feer ' 79_40IV48UW and 489 tzCa aras70_2n - Z - UN M t. �j �pd p � �� �� Ii tN ui�� III 82443tor of dP00doli 3 ear g e02 nm allotted amount includes any built upon area constructed within the Homesrte boundaries, and that portion of the right-of-way between the front line of the Homesite and the edge of the street (back of the curb) Built upon area includes, but is not limited to, strucnnes, asphah, concrete, gravel, beck, stone. sjptc, coquina, driveways, and parking areas, but does not include raised, open wood decking, or surface of Is Swales shall not be filled m, piped or altered, except as nee W �iy rigs A 30' vegetated buffer must be maintained between a lll�fee mem high water doe of surface waters, and all roof drams shall ,kpm th�(� 6 water lie S. Easements Declarant hereby "y�reserv�es iai rtselC its succciam and assigns (r) easements for dunnage swales, pipes and/or structures, and for ublitres, on all Homesttes along all property Imes, measured tin (10) feet into the Homente from each property hie, (i) other easements as shown on the Plat, and (in) easements described in the Master Declaration Such easements be for the specified p.a s, together with a right of ingress and egress over and upon the aij pro a All such easements are nowuhisive and shall be assngosll( , to the Association, to public utilities, and to otter providers of uttl CgM �seF]IDmma 6. Amendments, Waivers and Eof®oreem`9&This Supplemeatal Decimation shall be subject to the provisions of Articles X, XI and XB of the Master Declaration, and other applicable provisions themoE. mcludmg without Inanition the provisions regarding rights and reservations of Declarant, amendments, disc .,.a..., waiver of and consent to vtolanoos, and enforcement, all of whtch are m&orporated herein by reference 0 7 AppgnoHon of Beal Declaration shall apply only tothe Property and not to any pt� qE owned by Declarant. Without Imnnng the foregomg, this Su'9; 1$4j not apply to any Property designated on the Plat for Rime development. [Remainder of this Page Intentionally Left Blank] ,,oFFi�Ipl UNnFFIClgL UN�FFICIAiL N�FFICIAL 1777o zinc - 3 - m M INN II�Il�llr �2443 P008� nr2006 25 e02 Brvnule IN WITNESS WHEREOF, Deelamnt has caused this mshument to be executed as of the day and year first above wnttm NORTH CAROLINA-BRUNSW'I1C_K_ COUNTY I, Mnj ja jamne,1 t'I]I a otary Public fy that MARK A. SAUNDERS personally came before me dui ae Prcardem of Ocean isle Palms, Im. a corporation, and that Le as u to do so, executed the foregoing on behalf of the corpombm OGfa A96`O�PSW&OP. WITNESS my bad and officinI seal, 0vs� of -- t - t . 20 D__ to P UN�FFICI,AI UNOFF[Cl�[ m lrmin zooC - 4 - O F F� mo-mffv�rma. ---- UN�FFICI,A� UN pe FFrClAL d M,'Q,I' `-4 N Br I Mill Illy �2Do P0089Pags Banf2g 00] Bank of America. NA as beneficiary under a Deed of Trust encumbering the property described in this Supplemental Declaration, said Deed of Than being recorded in Book 1299, Page 1135, Braomck County Registry, toms in the execution hereof for the purpose of subordinating and subjecting sMQccd of Trust, as an the Master Declaration and tothis Supplemental Dcclarahw _ 7 1 " I NORTHCAROLINA—BRUNSCO 1, Aol.11' Notary Public, certify that pp p before me this day and acknowledged that be or ahe u Vice President of B CA, NA, a corporation, and that he/she as 4he Vice President, being authorized to do so, executed the foregoing on behalf of the corporation Witness my hand and q&W seal, this the / day of 20 b(Q 9ty �pd OFFICIAL SFAL o otmy Notary Puslc. Nona Carolina COUN QFNFNINNOVENMELIS,/ / MyCo A xp 2 2H9 06,550L I La -mr KPH le.� Notary Public N7'/ Comm Eap FebFe0 2a 2009 Printed or typed My commission expua C9l a Ll. U`7 U >00 OF gggx[� m Iran- ooc - 5 - FI�IA� U/ynF.FIcjAC �a�G�'�j(a+1CIC Cwmty--Regl6teL of Deeds Rort J Robinson Inst #328837 Book 2383Page 1333 05/04/2006 03 36 05(m ReL# ar jc)50 MI 6 ast�erT c' I teg Prot �oVenantw�my�adcEasements Ocean Issl7e` Palms Locale mrspe �q(BiS Carohna �M 0 �6�ffff LUAQ u� M ���� OOFTID6GIIZdN4 Prgmred by Schell Bray Aycock Abel & Lmngmn PLLC (JAM) 406�ffff7QfiPNJ6 ` lzz�roVVZgZ&f� 9 � 6""'/ �ao � "'N15 328837 Book 2383page 1334 Master Declart� on of Protective Covenants and Easements or Ocean I�lfilC n4lM9ffllrrffl A Table of Con &f ARTICLE I ARTICLE B ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X Paec DEFIMTI(2VS AND GENERAL PROVISIONS 2 fHE MEMBERSHI� ASSOCIATION 7 FUNCTIO9wQT IA°CML 8 COMMON ELEMENTS 10 III M IIICLA\Lai ASSESSNTTS ARCHIT%TEW USE RESTONS(dNS MAINTENANCE OF PROPERTY RIGHTS AND RESERVATIONS OF DECLARANT ARTICLE XI ANNEXA'f'�I 4B ND AMEND CA MF P ARTICLE Xll GENERAL P,<,2,Qt{ 9C`' U UMFFZecaa. vpsom;Qzze 166118_3 DOCumpyzMa MOD 11 14 18 20 23 24 25 26 0 � 128837 Book 238313age 1335 [ tQ'i Master Declaradmo of Protecttve rv4 nts and Easements R4 LJ � ILA UU UMFFZ= THIS MASTER DEC ON�if ay _, 2006 by Ocean Isle Palms, Inc a North Carolina corporation (the "Declarant") WITNESSETH WHEREAS, Declamn >1,a�rly, ping certain real property located in Brunswick County, North Carolina, and more descn p s rbrt "A" attached hereto and incorporated herein by referene = unity that may include a variety of residential, commercial recre" usess'L'WppwczWHEREAS, Declarant desires to �ecterty to the provisions hereof for the purpose of providing a flexible method for the administration and maintenance of the common elements of the planned community and imposing certain use restrictions and architectural controls, and WHEREAS, Declarant ns and reserve t% t f and option to annex and subject additional property to the provrsto � - {a NOW, THEREFORE, Idlhkaitt li iv AWMW all of the property described on Exhibit "A" attached hereto, and any addmone�t �Soi3y,[Swhtch Declarsnt, m its sole discretion, shall subject to this Master Declaration by amendment hereto, shall be subject to the covenants, conditions restrictions and easements set forth herem as specifically made applicable by the provisions hereof Such covenants, conditions, restrictions and easements are hereby imposed for the purpose of protecting a value and desirability of these lands, and shall rim with the title to the real property subjected Master Declam shall be binding on and more to the benefit of all parties having any ndtle �roperty or any poruon thereof �N� ��6 Definitions and General Provisions Section 1 Definitions As used in this Master Declaration, the following terms with initial capital letters shall have the following meanings and, as required by context, these definitions shall apply to both%singular and plural lafQ��j('f,N�q%such terms (a) "Arohrte dtP4M,1tee" or'VJ`AR.C" shall mean the committee established pursuant t ry 1 ff&ftt�'i*t architectural guidelines, review plans for improvements and 12%VCenforce design and construction requirements 166118_3 DOC O 005`�ffffLiCdN4 � � V�Vgcg�L �8837 Book 2383Page 1336 (b) "Articles of Incorporation shall mean the Articles of Incorporation of the Association filed in the office of the Secretary of State of North Carolina, as the same may be amended fromitttpie to time n a I� c "Assessme er's share of the Common Expenses and other charges from t5 � sessed7aagRb=Aan Owner by the Association as provided for herein, i c tiding h6ru ants, Special Assessments Segment Assessments, and all fees, late charges, fines, cost and other charges (including costs of collection and reasonable attorneys' fees) imposed or authorized to be collected by the Association pursuant to this Master Declaration, the Bylaws riles and regulations of the Association, or applicable law (it) "Assoc ati hall me *&ms Property Owners Association Inc, a North Carolina nonerp 1 Successors and assrgos (a) "AmhoUe ser' � family member, guest, invitee, licensee, lessee, tenant, contractor or agent of� With respect to an Owner that is a corporation, limited Lability company partnership association, trust or other entity, the Authorized Users shall include the owners, officers, directors, members, managers and/or beneficiaries of the Owner, provided that the Association may establish a reasonable limn on the number of Au razed Users for each property�d the Association may require the Owner to designate its A zed Users (� `Bylaws�� n to By�,VM tie Association, as initially adopted by the Executive Bo as the�s,,¢amended from time to time (g) "Common Elements" shall mean any real property or real property interest owned by or leased to the Association Common Elements shall include Limited Common Elements (h) "Commxpenses" shall x�enditures made by or financial liabilities of the Associal' ocations toreserves Common Expenses shall mclude,C+'pilcn on YZRO �� Limited Common Expenses v ISGy� (i) "Community" shall meats a'Mtthat land described on Exhibit "A" attached hereto together with all improvements now or hereafter located thereon and all additional property annexed into the Community in accordance with the provisions of this Master Declaration �) "Decl " shall mean, collet yy ((��i�) Ocean Isle Palms, Inc, a North Carolina corporation, (u) s s l{;24ralms, Inc or another Declarant by operation of law, a ����3j/. o who are �A) assignees of any or all of a Declarant's rights, (B(ilir1e �9,9�Y� rii°�'4CommuniTy or any property within the Expansion Area, and (C) are des?g/04; a Declanmt in a written instrument executed by the assignor Declarant and recorded in the land records for Brunswick County, North Carolina issiir_s ooc 3 Cg 000Fg Uffloprmcuu U [ �ftpgi W 328837 Book 2383Page 3337 (k) "Executive Board" shall mean the Executive Board of the Association, as provided for in the Articles of Incorporation and the Bylaws (1) "Expansion a' shal real property located within four (4) miles of any point (�o(n�,�e//�{{� real property described on Exhibit „A„ hereto V `%�G✓ pg�Firnma (m) "General Common ExperismAlu mean Common Expenses other than Limited Common Expenses (n) "Homesite' shall mean any lot or parcel of land that is located within the Community and has designated as such or othe rise restricted for use as a site for a detached single family ing pins piy�m ndment hereto or supplemental declaration referring to this d55i t�a a in accordance with the provisions hereof and recorded inrUi I 1 for i�ounty, North Carolina. (o) Limited Common Element 1 mean a portion of the Common Elements designated for the primary or exclusive use of one or more but fewer than all of the Owners pursuant to a plat of any portion of the Community or pursuant to any amendment hereto or supplemental declaration referring to this Master Declaration, made in accordance with th4�rovlsions hereof and recordeQ In the land records for Brunswick County, North Carolina ` t g x t (p) "Limited] lii v eZe " /N, � Common Expenses (including allocations to reserves o ¢a �� ne it of fewer then all Owners, such as for the operation mamtenai repair an Wcment of Limited Common Elements, and for administrative costs, security and other services provided for the benefit of fewer than all Owners (q) `Master Declaration" shall mean this Master Declaration of Protective Covenants and Easemeor Ocean Isle Pal n udmg all amendments hereto and supplemental declarations m`gde n cn a provisions hereof and recorded in yg�lit. 5 the land records for Brit c�ICK (C,dtr v " � (r) "Member' shall mean an ho Is a Member of the Association as provided in the Articles of Incorporation and in Article B hereof (s) "Mortgage" shall mean a mortgage deed of trust or other similar security instrument granting, creating or conveying a lien upon any tract or parcel of land in the Community �O �� (t) Mortgae-�pjpHt`tti�tftNbl er of a Mortgage JV J��M mom (u) "Other petty" s2�ppx��,�Jjeea] property, other than a Homesite, Townhome Lot, Residential Condominium` it, Unimproved Tract or Common Elements, that is located within the Community and has been subjected to this Master Declaration pursuant to an amendment hereto or supplemental declaration referring to I88118_3 DOC `P� 4 CI� / , !o �0������n 40NDFFZCPd14I% 6&0J328837 Hook 2383Page 1338 this Master Declaration, made in accordance with the provisions hereof and recorded in the land records for Brunswick County, North Carolina Other Property may include, but shall not he limited too' or more boat or mar a[ips commercial tracts or buildings, or assisted living facilities Q* a `VV-- (v) "Owner'j�}t�41Jm'�9t,f�� wnifs'rs"HBida m the land records of Brunswick County, North Carolina whether i["�ipre Persons of fee simple title to any Homesite, Townhome Lot, Residential Condom, lum Unit, Unimproved Tract, or Other Property within the Community, but shall not include a Person having an interest in any such property solely as security for an obligation (w) "Penod* Declarant Control sha11 �?n that period of time beginning on the date of this Master lion i ii � 6tlil December 31, 2030 or such earlier date that Declamn ,�s�n, terminates such Period od of Declara Control by giving wntFi�u�f to thoAssuchmon IZ (x) "Person" shall mean a natur,%rson or a corporation, limited liability company, partnership, association trust or other legal entity (y) "Residential Condominium' shall mean a tract or parcel of real property that [s located within a Community and has bee designated for residential use and subjected to (r) this r DeclamtignG 1 to any amendment hereto or supplemental declaration re e' ii eclaration, made m accordance with the provisions hereof,, I it theaf ttflp ;ds for Brunswick County North Carolina, and (u) the'IV"o"rtli Caro TWC0*`TP,,mn Act set forth m Chapter 47C of the General Statutes, w n may be amended LfOnt time to time, or my successor or replacement statute governing condominiums, pursuant to an instrument recorded in the land records for Brunswick County North Carolina (z) "Residential Condominium Unit" shall mean a physical portion of a Residential Condommi signated for�eptir��e g�yl1 ,ship or occupancy (aa) "Sub-AsGt^t�>>cmd� to a nonprofit corporation whose members are compn ddf�ll ein any condominium, planned community or planned unit development within but mc'fli`dthI ess than all of the Community (bb) "Sub-Assoctation Common Elements shall mean any real property or real property interests owned or leased by a Sub -Association (cc) "Sub-AsSWation Declaration" Vean any instrument or document, and any amendment or sop�l4rt3e t�i�n the land records for Brunswick County, North Carolina, f d ommiiun planned community or planned unit development within but , hi6u g*,thntt ai�f�`thbi."bmmunrty (dd) "Townhome Lot" shall mean y lot or parcel of land that is located within the Community and has been designated or restricted for use as a site for a duplex or other attached single family dwelling pursuant to any amendment hereto or v Fg II�l7unV^ � Gt uvov-v 1 328837 Book 2383Page 1339 supplemental declaration referring to this Master Declaration, made in accordance with the provisions hereof and recorded in the land records for Brunswick County, North Carolina r° (ee) "Unimproy �'eah� unimproved tract or parcel of land that is located within the lf(}vJ�{ d ha,fW6 ff%IIWected to this Master Declaration pursuant to an amendment hereto or rl I declaration referring to this Master Declaration, made in accordance with the prove ions hereof and recorded in the land records for Brunswick County, North Carolina provided that any such tract or parcel shall no longer be an Unimproved Tract after it has been subdivided into Homesites, Townhome Lots, Residential Condominium Units or Other Property � n Section 2 Applicabd f M }R�siim The covenants, conditions, restrictions and easements set I r Declaration shall only apply to the Community, but not to any ,g cept ibmthZ7fT1 Brit that any such other property is subjected to the provisions he f by an am° 'Wffi -' eW.'gto or a supplemental declaration made in accordance with the provisions of this Master Declaratton and recorded in the land records for Brunswick County North Carolina. Each and every grantee of any interest in any property in the Community, by acceptance of a deed or other conveyance of such interest, agrees to and shall be bound by the provisions of this Master Declaration (I Section 3 Planned elo m�; rplan Declarant is developing the Community pursuant to e PI a ((Pd Master Plan on file with Brunswick County North Carolina The is sub,�oFinatmrtinuous revision and change by Declarant, in its discretion u �ftclul Section 4 Planned Community Act Applicable The North Carolina Planned Community Act set forth in Chapter 47F of the General Statutes, as it may be amended from time to time, shall apply to the Community and the Association The Community is a'planned community' and the Assocratt rs the "owners' association" for such planned community, as those terns are defined m snid Comm��� Section 5 Other La rdiit Rcgkwggtjs The Community and the use of property located therein are "iiect to laws, ordinances, rules, regulations and other governmental requirements including wi o ?#umtation all applicable permits and governmental approvals, as the same may be renewed or modified from time to time c 16611 A_3IXIC � 0t. 6 %�g6 & (000 q IC IAL �FFICIgL �aoaac�a�PP�a. mt: 0 328837 Book 2383Page 1340 Article 11 Membe?shro and GovernancepJ�t"sociation /ra�+' Section 1 Membership,�{� �,t-��,7, 11 be a Member of the Association Such membership shall be appurte�aii3lio �att��' sr'ated from ownership of the real property that is subject to assessment by tK n The Executive Board may adopt reasonable rules relating to proof of ownership Section 2 Voting Rights of Members The Members shall be entitled to vote on matters for which such a vote is expressly required by law, or by the Articles of Incorporation, this Master Declaration or th&%ylaws The Associati7,�i have two (2) classes of Members with voting tights as follows T-21 ���(( a 1C ass A 7`hn n� eacldBAR Townhome Lot, Residential Condominium Unit, Unimproved �a�{e� roperty shall be a Class A Member The Owner of each Homesite, Townhome 4t or esidential Condominium Unit shall be entitled to one (1) vote on any matter that is subject to a vote by the Owners of such type of property, The Owner of an Unimproved Tract shall be entitled to one (1) vote per acre for each whole acre in the Unimproved Tract (fractional acres shall not be counted for voting purposes unless,a Unimproved Tract co i of less than one acre, in which case such UnimprovedTra all e�`,�t,�yyrr of one acre for voting purposes) Declarant reserves the h of Class A membership to include Owners of Other Property, by an a I e,�i iitiifL to or°`a"i"sG"�} Ricntal declaration refemng to this Master Declaration recorded m the aierr�or Brunswick County, North Carolina, specifying the voting rights of such Owners an the assessments applicable thereto Notwithstanding the foregoing provisions regarding Class A Members, Declarant shall be a Class B Member during the Period of Declamnt Control Class B Dunhe Period of Decl apttrot, Declarant shall be a Class B Member with respect to elP` Declarant in the Community The Class B Member shall be�,e i,t�e�w�,�ot�es �f+�o,��rp each Homesite(j each Townhome Lot, and each Reside fat on UOn' t W61M11S, and five 5 votes for each vote that it would have if it were a with respect to each Unimproved Tract and any Other Property that it owns The B membership shall cease and be converted to Class A membership at the end of the Period of Declarant Control Additional provisions consistent with applicable law regarding meetings of Members, proxies and voting by co -owners ay be set forth in th",plaws or adopted by the Executive Board '��-- 4 Section 3 Ezecutga B4l,Lo its Vie' usociation shall be managed by or at the direction of the Executive Board Exc�.�i�rwise provided herein or by law, the Executive Board may act in all instances on behalf of the Association The number of persons on the Executive Board initially shall be as determined by Declarant, and such number may be changed as provided in the Bylaws During the Period of Declarant Control, Declarant shall 166118_3 DOC 6n_ 7 ^ nM(DFF Z�miU WWI PZCZIU 40q®ffff�4 ke(n'�P�' 328837 Book 2383Page 1341 have the right to appoint all of the members of the Executive Board Declarant shall have the right to remove any Executive Board member appointed by Declarant, without cause, and appoint another person to re such removed in manner of appointment or election of the Executive Board A"T P '-� >_ -Eontml shall be as provided in the Bylaws ^ g 011 U �UVV MGS"®ffP1ACdfJ6 Section 4 Bylaws The Exccutii— shall adopt the wual Bylaws and notwithstanding any other provision hereof, during the Period of Declarant Control the Executive Board may amend the Bylaws without approval by the Members After the Period of Declarant Control any amendment to the Bylaws must be approved by the Members by two-thirds of the votes cast or a majority of the votes entitled to be cast, whichever is less �Qndtibus��he /]i"QYrt('Gl9i Section 1 General and AdmmuGt�rebve Functions The Association shall administer and enforce the provisions of this Master Declaration, the Bylaws and all rules and regulations of the Association, and otherwise carry out and perform its duties and responsibilities as described herein or as required by law ut� ry, Section 2 Maintena�nc'esgt Co nn(� 1Ftet7he Association, subject to the rights of Owners as set forth h , ir�fia� s at le for the management of the Common Elements (including fumishinA p� e Ali" i�2 = therevnth), and shall maintain them in good order, condition and repay pu su;RFA N terms and conditions hereof These responsibilities shall include but not be limited to, the operation, maintenance, repair and replacement, subject to any insurance then in effect, of all landscaping, structures, stormwater facilities and other unprovements located within the Common Elements Section 3 Mainteo9gge Easement The ' ion, its agents and representatives, shall have an easement upon, across er, 1 detU�Lrty located m the Community as may be necessary or appropriatei a� [Yz o perform the functions of the Association pursuant it this Master DeF! �Ijiar-orb �eggu°kWEP $w The Association shall not unreasonably interfere with the rights of the `�i°�rtW"'W ,hyexercise of this easement Section 4 Rules and Regulations The Association shall have authority to adopt and enforce rules and regulations Such rules and regulations may include, without Imitation, restrictions on the types and sizes of vehicles that may be used on the streets in the Community, speed limits, maximum noise 48 els of vehicles, other in i l and parking rules and regulations (the fact that any such roles or regu ons s 6 pro ive [Ilan the laws of the State of North Carolina or any other pull it tlot� make such restrictions unreasonable), and other rules and regulations reg.4ZJd ii �it imts Section 5 Sanctions for Violations The Association shall have authority after notice and an opportunity to be heard to impose reasonable fines and suspend privileges or services provided by the Association (except rights of access to an Owner's property in the 166118_] WC 4 ^tea- it zgd- .: Ipl. OOfF I L U 10 UNW 11a011 t 9 328837 Book 2383Page 1342 Community) for reasonable periods for violations of this Master Declaration, the Bylaws, or any rules and regulations of the Association The procedures for Imposition of fines or suspension of privileges or services shall b� termmed by the E qc I7 Board, subject to the Bylaws and applicable law _��� ��'( � e Section 6 Servr�'� `A's) Ui n r§ti , but not required, to provide any m all of the following services (a) trafficEEE ding but not limited to maintenance of restricted entries and/or gates employment of police or curity personnel, and maintenance of electronic or mechanical devices, (b) lighting of entrances, streets, sidewalks and paths, (c) stormwater drainage, (d) water, sewer and any necessary utilities not provided by a public authority or private utility, (e) cleanup and maintenance of public properties located within or in such reasonable proximity ti:1`Commumty as to aff t e appearance of the Community (f) provision and/or operation of "r4ation e ' r programs serving the Owners, (g) communications mformm Qq �>� or meetings, (h) provision of any of the services listed above to a Suf��i91contMWWWRkh Association and (i) such other services as may be necessary or desirable Ise i "Pf the Executive Board to carry out the Association's functions The Association may contract or any such services The Association is authonmd, but not required, to own or lease equipment, furnishings and improvements as necessary to provide any such services Section 7 BorroWf4g by the Association %Association, upon approval by the Executive Board, shall have the"A4and �Y funds for use by the Association in performing its authOT17I'�I1�pvnst�pr�d 8 at the Common Elements shall not be mortgaged to secure any such �"t ut ap¢tsovTaF�f&the Owners as provided herein Declanuit may make loans to a Associa i jand conditions determined by Declarant in its sole discretion. Notwithstanding anything in this Master Declaration to the contrary, the Association shall not reduce the amount of the Annual Assessment at any time when any amounts are due to Declarant as repayment of any loans made by Declarant to the Association Section 8 Discla of Association Lrabib�tyy` The Association shall not be obligated to carry out or provi� funcgq��Lexcet as required by this Nester Declaration orb law The functro�is 1 ed out or provided b the Association at any particular time shall be d1b�;gj a ExF,ttttty" e>t1�8rd after taking into consideration the funds available to the As'tm on an otl tors The Association may but is not obligated to, maintain or provide certain services described as security, but the Association is not an insurer or guarantor of safety or security in the Community The Association shall not be liable to any Owner or other Person for any claim, damage, expense or liability suffered, incurred or threatened and many manner arismg out of resulting from any failure to provide any servicse r take any measure, or�gq1the meffect veness of any service provided or measure taken Eac is er an g� Yo' e�' inn entering or using any property in the Community including I }ajl�l hia`� wumes all risks of injury and damage resulting from natural causes an ref' �a act orl&dMMW6f my other Person 1&119 3 DOC r� 9 � &� K V �n� LrOq®IF�lALPt74 Il"��� 1�`1ItP/JJ�.ba�m�LLL��, vifII�CIW14 QOF?IDff nst It 328837 Book 2383Page 1343 Article IV Common �Ele�l,�amyjeynt b Section 1 Convey���d-El€menus b Declarant Declarant covenants for Itself its successors end st t c, vP� t "l ffs ion by fee simple deed, at no cost to the Association, all private streets within ifi �3ty that are necessary for access from a public mad to any Homesne, Townhome Lot, Residential Condominium Unit, Unimproved Tracts or Other Property, and all Common Elements (excluding Sub -Association Common Elements) designated as such on a plat of any portion of the Community recorded by or at the direction of Declarant in the land records for Brunswick County, North Carolina Such properties may be conveyed �e Association fro to time m the sole discretion of Declarant, provided that all su h'% ents shall be conveyed to the Association ro or before Decem Jl { dmon Declarant may convey or lease other property, or an interest the to f�9 a�i��e as Common Elements The Association shall accept the conveyances Gi'[i3gl become responsible for all marntenance and operation of all such properties Any real property leased to the Association shall cease to be Common Elements upon the expiration of the lease term Section 2 Owners' Easements in Common Elements Subject to all of the other provisions of this Master Deck on, the Bylaws, and regulations of the Association, and any fees or charges estabh�l9 th a �verOwmer and every Authorized User shall have a right and easement & n the Common Elements and such easement shall be appurtenant to amV�s6�pass2 JMTII TRKvery Homesne Townhome Lot, Residential Condominium Unit, Ummprove�cTgRa— Cher Property Section 3 Designation of Limited Common Elements Declarant reserves the right to designate Limited Common Elements for the primary or exclusive use of Owners and Authorized Users of specific groperty or types of property m the Community Such designation may be made on a plat an'j�pm�o�rtOn of the Com1 recorded by or at the direction of Declarant, or such designation be lrally described pursuant to any amendment hereto or supplem er ratlont entri to this Master Declaration, made m accordance with the pmvlsuo� �a4�,,,��gg�99��de° 'til'L'"f�nd records for Brunswick County, North Carolina A designation of I'muted�CEiements may be made subject to such conditions restrictions and reservations as Declamnt may include in such amendment or supplemental declaration Section 4 Limitations on Owners' Rights in Common Elements The Common Elements (including Limited Crimmon Elements) shallect to the provisions of this Master Declaration, including the right d 6 o aint described herein, and all easements restrictions and no fin$ � W 'st a time of conveyance Further, the rights and easement of enjoyment � v tetpite>�` 63%ll be subject to the rights of the Association to (a) adopt and enforce reasoW ,and regulations regarding use of the Common Elements (b) impose and receive any payments, fees or charges for the use, rental or operation of the Common Elements other than streets, and for services provided to Owners (c) grant or transfer drainage and utility easements on any part of the Common Elements 16611"DOC I( _gX& 0 �� Q06`�ffffLtC]IAO. �a ��ffff �OF,'�fffffM.7�0. C� 6Qt 'P�tea�� i 328837 Book 2383Page 1344 (d) convey or encumber all or any part of the Common Elements subject to approval by the Owners as hereinafter provided, and (e) exchange with the Declarant, or with any Owner, any portion of the Common Eleme r an approxtmat-;e area of other property to be added to the Common Elements, whereupo a dgrL4'ey y the Association shall cease to be Common Elements and shall ao Qp��e tbj cb o Imvislons of this Master Declaration relating to Common Elements V `� & O�Z Section 5 Easement for Provision of Certain Services An easement is hereby established over, upon and across the Common Elements for municipal, public and private utilities serving the Community, and for governmental and law enforcement authorities with jurisdiction over the Commurgy, for setting, removing and reading utility meters, maintaining and replacing utility or dramaplit gnections, providinnollection services and acting with other purposes consistent with pubIt&pfgt u i t limitation police, fire protection and animal control , n 1J^�MVn J (9 Section 6 Conveyance or Encum�lti"r'4"uEi3_�Common Elements Portions of the Common Elements may be conveyed or subjected to a security interest by the Association if Owners entitled to cast at least eighty percent (80°/u) of the votes of all the Owners agree in writing to that action, provided that all the Owners of property to which any Limited Common Element is allocated shall agree in order to convey that Limited Common Element or subject it to a security interest. Dlstnbutto>1 v—romeds of the sales�� \a\ rmited Common Element shall be as provided by agreement betweeiF � to�R— is allocated and the Association Proceeds of the sale or fina�nQ n 1, C n Element (other than a Limited Common Element) shall be an asset of t�}I �LhssomAifan, iivt�n�rng the foregoing, the Association shall not convey, mortgage, encumber or �c an"�'I11�7 use of Common Elements prior to December 31, 2030 without the written consent of Declarant Further, no conveyance or encumbrance of Common Elements may deprive any Owner of the right of access to such Owner's property located within the Community Article V p fl n nM0rliau/Zm Section 1 Property and Liabtbtylkai L The Association shall obtain and maintain property and liability insurance coverage as hereinafter provided (a) Commencing not later than the time of the first conveyance of a Homesite to a Person other than Declarant, the Association shall maintain, to the extent reasonably available ��((//��� n (j M rt`tdhihati� on the Common Elements insuring against §� �J��rectBpAysiiRuloss commonly msured against including fire and nxte`e a perils The total amount of insurance after application of any dedatubes shall be not less than eighty percent (80%) of the replacement cost of the insured property at the time the insurance is purchased and at each renewal date exclusive of land IW 18_3 DOC 6 ztv �S&� Mgg� � m� ����a�ffffmrsuw. *"CSX oVn� 6'Vo'�ZtZl 328837 Book 2383Page 1345 excavations, foundations, and other items normally excluded from property -policies (u) tabi yy'r���' Lasonable amounts covering all occurte or�jd a amst for death, bodily injury, and propert _t g,gutP�`�o2 nnecnon with the use ownership, or maintenance of 4heO WQ%Wxnents (b) If the insurance described in subsection (a) of this section is not reasonably available, the Association promptly shall cause notice of that fact to be hand -delivered or sent prepaid by Untied States mail to all Owners The Association may carry any other ins uraft t deems appropnate to (ect the Association or the Owners p� aI� (c) Insurance �V �ar�2�p pant to subsection (a) of this section shall provide Ihaz l�Jl �J �� aet�ff�ffrpc,rAm¢ (i) Each Owne�s[mi�nsured person under the policy to the extent of the Owner's insurable interest, (u) The insurer waives its right to subrogation under the policy agams Owner or member of an (veer s household d L�- (ui) �rbWty any Owner unless acting within the scope QQ kts �1f of the Association, will preclude recovety-tindertheV1&'rC ,.�.u. ft (iv) If at the time of a loss under the policy, there is other insurance in the name of an Owner covering the same risk covered by the policy, the Association's policy provides primary insurance ell (d) Any losscewmort6ii vered by the pw}icy under subsection (a) of thus Section shall be adjusted est j the insurance proceeds for that loss are payable to any insur sigrig4,,f at purpose or otherwise to the Association, and not tlo`#iF, treficiary under a deed of trust The insurance trustee or the Association shall hold any itt�idance proceeds in trust for Owners and penholders as their interests may appear Subject to the provisions of subsection (k) of this Section, the proceeds shall be disbursed first for the repair or restoration of the damaged property, and Owners and henholders are not entitled to receive payment of any portion of the proceeq uunless there is a surplus off proceeds after the property has been completely repaired or res"1SV, or the As h,'td a ssolved (e) An ins �9§ut�; sµcuition does not prevent an Owner from obtaining insure the (�W'}t;ari°n° ``eii't""'' (f) An insurer that has issued an insurance policy under this Section shall issue certificates or memoranda of insurance to the Association and, upon written request, to any Owner, mortgagee or beneficiary under a deed of trust The insurer issuing the Ili I" DOC xa 006„ffiffffLte�JtL ����,,��m,,A�hIDffff1AC16J4 ��'tttYGCy8837 Hook 2383Page 1346 policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or nonrenewal has been mailed to the Association, and to each Owner, mortgagee or*b,9 ficiary under a �c� f trust to whom certificates or memoranda of insurance ha ee��ee� ted�ir tail Sdjos�tive last known addresses (g) Any p�ti� p mulffh�fxv'Idhiwh insurance Is required under subsection (a)(1) of this section whiLl%'ild.p$ed or destroyed shall be repaired or replaced promptly by the Association unless (i) a Association has been dissolved, (it) repair or replacement would be Illegal under any State or local health or safety statute or ordinance, or (w) the Owners decide not to rebuild by an eighty percent (80%) vote, including one hundred percent (100%) approval of Owners assigned to any Limited Common Elements nberebuilt The co pair or replacement in excess of Insurance proceeds and re s 1 1�-u({i��pop� �"' If any portion of the Common Elements is not repal i ) )fie insurance proceeds attributable to the damaged Common E alfkt d the damaged area to a condition compatible with the remainder of the C3rffmW''(it) the Insurance proceeds attributable to Limited Common Elements whwh are not rebuilt shall be distributed to the Owners to which those Limited Common Elements were allocated, or to lienholders, as their interests may appear, and (w) the remainder of the proceeds shall be distributed to all the Owners or lienholders, as their interests may appear, in proportion to then Common Expense liabilities v fl p `t, Section 2 Other In r�t� � t n shall also obtain and maintain other insurance coverage as herema � °0�ffff� (a) The Association shall mainta» 4 81ity coverage against dishonest acts by the Association's officers, employees and others who are responsible for handling funds of the Association If the Association contracts with another Person to receive and disburse the monies of the Association, then such Person shall have adequate fidelity coverage against dishonest acts and the existence f such coverage shall satisfy the requirement of thus paraa Any sues i�rage shall name the Association as an obligee, shall be writte �� R� 1 } > he Executive Board shall deem appropriate and shall co ❑ i o en. ased on the exclusion of persons who serve without corlwn, sation ition of "employee" or similar term u (b) To the extent obtainable at reasonable cost, the Association shall maintain appropriate insurance to protect the Executive Board and officers of the Association from personal liability arising in connection with their duties and responsibilities in such capacities on behalf o[theAssociation ��� �a (c) The Associatek! l'! itscompensation with respect to its employees, If my, as r k1} U V UMMMU u nV lyaoa The Association may obtain insurance against su e(sisks as the Executive Board shall deem appropriate 166118_3 DOC Ug0UMVFFDCML oa�,o Z�e $28837 Book 2383Page 1347 Article VI Assessments p Section 1 Covenant,t1lal Declarant covenants, and each Owner, whether or not 1t shall be so e`Icp n �'it�la�'t�''itveyance to such Owner shall be deemed to covenant and agree to all the termss lions of this Master Declaration and to pay to the Association (t) Annual Assessments, (it) Special Assessments, (in) Segment Assessments, (rv) all costs of collection, including attorneys' fees, and (v) all other fees charges late charges, fines interest and expenses imposed or authortzed to be collected by the Association pursuant to this Master Declaration, the Bylaws, rules and regulations of the Association, or applicable law�of which shall c ti�te` �ssessments Without limiting the foregoing, if any Common Experansrca igNnie or misconduct of any Owner or any Amhonzed User of a e j7s ro a ssoctahon may assess that expense exclusively against that Own perty d Section 2 Creation of Lien and Personal for Assessments Each Assessment shall be a charge and continuing lien on the real property and improvements thereon against which such Assessment is made The lien of the Association shall further secure such advances for taxes and payments on account of superior mortgages, hens or encumbrances as may be made by the Assocta&tW order to presers 6rotect its lien, and the Association shall be entitled to interest on any pi✓`ovtded for past due Assessments All Persons who shall acquire, I T' er s� interest in any property subject to any Assessment hereunder, or who- be gLi�u, wre�Ytgage, lien or other encumbrance thereon, are hereby placed on notice of the li�g$t�granted to the Association, and shall acquire such interest expressly subject to such lien rights Each Assessment shall also be the personal obligation of any Person who was an Owner of such real property at the time the Assessment first became due and payable In the case of co -ownership, all co -owners shall be jointly and severally liable for the entire amount of each Assessment. Section 3 Priority of ¢¢�Q�r�idedLr herein is prior to all other hens and encumbrances, except (i) i fgTVJ?b tees !s rf[cally including, but not limited to, a Mortgage on such property f e� fl"oe�te6r 9tif the claim of hen m the office of the Clerk of Superior Court (as hereinafter provt�(it) liens for real estate taxes and other governmental assessments and charges against such property No sale or transfer shall relieve such property from liability or hens arising from Assessments thereafter becommg due Section 4 Commencement of Assessments, Declarant's Option to Fund Deficits A Homesite Townhome Lot dential Condomini ++ or Unimproved Tract shall become subject m Assessments on the fi oftq�h�g the month m which a plat thereof has been recorded in the lan lS' 1� is Count , North Carolina, and such property has been annexed into the 1 XL l AMendment hereto or supplemental declaration referring to this Master Declemnargizaccordance with the provisions hereof and recorded in the land records for Brunswick County North Carolina The Owner of any assessable property that changes from an Unimproved Tract to another category during a fiscal year shall be billed an additional prorated amount for the remainder of such year to reflect the 166118_3 DOC x� �grn) � ` Nr cg&[ 1 UTF %gxp 01111PA�n,, 'Iymt 6 328837 Book 2383Page 1399 category change Notwithstanding any other provision of this Master Declaration, durmg the Period of Declarant Control, Declarant may satisfy its obligation for Assessments against its property in the Community fdbany year by fundm rating deficit of the Association occurring during such year, the op5W Wined by the following formula — the total amount of Assessraet� a Association on all other property m the Community for such year pl v d PNiociation from any working capital funds or reserves dunng such year plus an i Y�@ ed working capital funds held by the Association at the end of the year, minus the total actual expenditures by the Association dunng such year Declarant shall be deemed to have elected to fund any operating deficit in such manner until Declarant notifies the Association in writing that it intends to pay Assessments against its property that has been subjected to this Master Declaration in the same manner as other Owners of property in ts-k4mmumty, which if 11 be effective at the beginning of the next fiscal year after the year �talvhi �s�n After once giving such notice, unless Declarant otherwise riots ig , a ss i on m wrung before the beginning of a fiscal year, Declarant shall be deenL4 "ave WERnying Assessments or funding any deficit on the same basis as during the wan mg year Declarant s option to make such elei,tion shall terminate at the beginning of the next fiscal year after the year in which the Period of Declarant Control ends Section S Prorated Assessments and Initial Capital Contributions For the fiscal year in which a property fumes subject to s ents hereunder, the amount of the Assessments payable for such year`s all �� date that such property becomes subject to Assessments, and sdal+ duy"� f e minamder of that fiscal year In addition to the prorated Assessments, at U 1 ;dui gg(�ffff O sale of each Homesite, Townhome Lot or Residential Condominium Unit, the puVr fi"aSEW' I pay a working capital contribution in the amount of S400 00 to the Association Declarant shall have authonty to change the amount of the required working capital contribution at any time with respect any property conveyed by Declarant after the date of the change The Executive Board shall have discretion to allocate such working capital at any ALmefor operating expenses of the Association, or to retain such finds for future contingencies er purposes Section 6 Due Dat �iP �f�r in� Interest The Association shall have authority to establish the d i= = � A0 s1�'eiit Any past due Assessment or installment thereof shall bear interest at thGe*rm2 t g!geen percent (19%) per arum or such other rate as established by the Association, not to exceed the maximum rate allowed by law Further, the Association may impose reasonable charges for late payment of Assessments or installments thereof The Association shall, upon demand at any tune, furnish to any Owner liable for Assessments a certificate in writing signed by an officer of the Association, setting forth whether said Assessmentk a been paid A�the Owner, such certificate shall be conclusive evidence of payment o Asant� �ed to have been paid ovifatb Section 7 Anna 61epts� � ""C n shall levy Annual Assessments for the payment of Common Expenses, me Na operation, maintenance, repair and replacement of the Common Elements and for the provision of services that the Association is authorized to provide The Association may allocate portions of the Annual Assessments to fund a reasonable operating expense surplus, and to establish reserves for contingencies emergencies l n� �j�lUO7���J�6lfL�WlA4 �u ` �7Z17 gcg&n ` 'oOwgggp[b "8837 Book 2383Page 1349 and/or for construction, maintenance, repair and replacement of Common Elements Common Expenses shall be assessed as follows 'S (a) General Co on E sS4 cassessed against all Homesttes, Townhome Lots Resi nt IN�iiiin Units, Unimproved Tracts and Other Property Each HomeslJSwrhgfn , of >ftie1s65fdt9Wtial Condominium Unit, and each acre of each Unimproved Tract, sQt� die same amount for Geneml Common Expenses (fractional acres shall not be coun for assessment purposes unless an Unimproved Tract consists of less than one acre, in which case such Unimproved Tract shall be deemed to consist of one acre for assessment purposes) Any Other Property shall be assessed for General Common Expenses in such amounts or at such rates m Declarant shall rovid6'ii amendment here t1s lemenml declaration recorded in the land records for BrunZZ a with respect thereto (b) Lnimt JA rim' if v r s;' MMIF all be assessed only against the property within the Community for h ch such Limited Common Expenses are incurred, and in such amounts of at such rues as Declarant shall provide in an amendment hereto or supplemental declaration recorded in the land records for Brunswick County, Notch Carolina, with respect thereto The Executive Board fix the amount of the =1 Assessment against each type of property as heremabove provtdehd'"aI}'iv ereu�p,ts�'t� the of the propemes and Annual Assessments applicable thereto i taY� 1� 9-tepid' II be open to inspection by any Owner Written notice of the Annual oin6 it theredpOWW S44 t to every Owner subject thereto Section 8 Special Assessments In additiood`fo Annual Assessments as authorized in this Article the Association may levy Special Assessments (a) to construct, repair or replace capital improvements upon, or to make additions to, the Common Elements (excluding Limited Common Elements), (b) to provide for the necessary facilities and equipment to offer the services authorized heroin, (cy hmpay, any loan made toAssociation to enable it to perform the duties and functions authorrema� lother purpose deemed necessary or desirable by the Executive Boar�� Ba may without approval by the Owners, authorize the Association to ite�pecCat ssm&ije many year m a total amount not exceeding twenty percent (20%�0 of the arr�btha ual Assessment for such year Any Special Assessment exceeding such limit, before bei charged, must be approved by the Owners by two-thirds of the votes cast or a majority of the votes entitled to be cast, whichever is less The amount of each Special Assessment charged to Owners of different types of assessable property shall be in the same proportion as the Annual Assessment Section 9 Segment mentss; jtr�d2,iA�Annual Assessments and Special Assessments as authorized m this 6���LL"..our on may levy Segment Assessments to be used for the benefit of a part[ccc"'������111 1 �xtio r segmemiti t ur&ommunmTy (such as improvements or additions to Limited COm�Eleme�i �oorlvy provided only for certain Owners) the payment of which shall be bome by the Owners w[such segment, subject to the following provisions 1es11e3noc NO JMg gp`� V V&QQ rz�z a#bWYFzCz 1L 01"1®111 ZtZ 0 328837 Book 2383Page 1350 (a) Declarant shall have the right to establish a continuing Segment Assessment for Limited Common Expenses applicable to designated property in the Community by mcludi;ijg. rovisions for such S �j� nt Assessment m die amendment hereto or supplemental dec alion &� d(prerty Unless otherwise provided in such amendment or suPPppI���,��ti�o�,,n„�, the Executive Board may increase the Segment Assessment a'��nbtlds'sary V„Vey gcif'C"miff %common Expenses (b) Except for Segment Assessments by Declarant as aforesaid, a Segment Assessment must be approved by the Owners of the property that would be subject thereto by two -thuds of the votes cast or a majority of the votes entitled to be cast, whichever is less A continuing Segment Assessment established by a vote of Owners may be discofiiq.�ed by a majont� fJQV tes cast by Owners of property subject thereto provided th>lizMhe U� 1"" }}�i shall fund any expenses resulting from its discontinuance. u v �V mt�affv�a. Section 10 Remedies of Assoetaalu�� ppp yment of Assessments In addition to any other available remedies, the Association have the following remedies for nonpayment of any Assessment (a) The lien of the Association for nonpayment of any Assessment shall be enforceable from and b the tune that a clat qf�I�gn is filed of record in office of the Clerk of Superior Co B �;ir4 lOrth Carolina, which claim shall state the name and add sfQ�'� r i tion, the name of the record owner of the property at the ume they aTml DFIiQy>,s iledF9"�e pRon of the property and the amount of the hen claimed a clatm of Mom/a`y y i�gd when any Assessment or installment thereof remains unpaid for a period of thirty 0) days or longer, and the lien shall continue in effect until all sums secured thereby have been paid in full Except as otherwise provided by law, the Association may foreclose the lien in like manner as a mortgage or deed of trust on real estate, including but not limited to power of sale under Article 2A of Chapteftof the North Carolin ri ai Statutes Upon full payment of all sums secured by such hei hhee VG'e a i end or released of record (b) The A'�a 16 yin if,'M f—a" law against any Owner obligated to pay any past due Assessment Tn , 6wch an action shall not be deemed to be an election by the Association which shall preven�n from thereafter seeking enforcement of the collection of any sums remaining owing to it by foreclosure action or power of sale, nor shall proceeding by foreclosure or power of sale for such purpose be deemed an election precluding the institution of a sun at law to collect any sum owing to Association &%— „ n n (c) The As fo�j ba4iut[rorftty, after notice and an opportunity to be heard, to suspend pnv>�s�o>' maces p!8'+/Mc6y1 the Association (except rights of access to Owner s property in tit rt4�a�y during any period that any Assessment remains unpaid for a period of thirty (30) days o onger The procedures for suspension of privileges or services shall be as set forth in the Bylaws or as required by law IMI15_3 DOC g r� x 0 100 1 7 Vz UMOL 6 C&A v � �aOG3L�p�ffffs�al �J ���� It 328837 Book 2383Page 1351 Section 11 Exempt Property The followmg interests in real property subject to this Master Declaration shall not be subject to any Assessment or lien provided for herem, solely by virtue of the such interest (a)mon Elements, ge or utility easements, and (c) any portion of the Community dedicAt�b to�a��� public authority No land or improvements m the Comm ppJ� � d'� for residential or commercial use shall be exempt No Owner of any pays ldyt�ssAr`�'iE}ii' ay become exempt from liability for any Assessment by waiver of the use or en dQWQg,,j9,f any of the Common Elements or by abandonment of such property, or in any other way Article VQ %kchitectural Controls an, 2vlew Section 1 Purposf�rp lii�� In order to establish and preserve harmonious and aesthehcal i g(L j,g� an "ti 't�f riance standards throughout the Community, and to protect and promote thte�`�Ja�"t�fj�property in the Community, all such property and all improvements thereon, including landscaping, shall be subject to the architectural controls, review requirements use restrictions and maintenance requirement set forth herein Section 2 Archd&t# 1 Review Commi Architectural Review Committee (the "ARC") is hereby establishedf,�uru,��arant Control, and thereafter until Declarant either terminates su ,� C tS ti3fice to the Association or ceases to own any property m the Community, sltn�l Ye �ht to appoint and, without cause, remove members of the ARC, and Declaran_fm�d t_gfiate a chairperson of the ARC Upon expiration or termination of such right of Declarant, the ecuhve Board shall have authority to appoint and, without cause, remove members of the ARC, and the Executive Board may designate a chairperson of the ARC The members of the ARC need not be Owners or Members The ARC is authorized to retain the services of consulting architects, engineers, inspectors, landscape architects, attomeyany other professi4§ it deems appropriate to advise and assist the ARC in performing itsnfi�o 'V- Section 3 Opera oil, 9%Afc rnfW—"� Vommrtee Prior to any meeting reasonable notice shall be given to each m nki ARC indicating the time and place of the meeting Any ARC member may waive notice by umative action or by attendance at a meeting A quorum shall consist of a majority of the members serving on the ARC at the time of a meeting The affirmative vote of a majority of the ARC members present at a duly called meeting at which a quorum is present shall be the act of the ARC Action may also be taken by written consent of all of the Ambers serving on the Cn Section d Design S qua rqAl1es The ARC shall establish and publish standards and gudelines, cos i��nYw3ths uY+fclamtion and any supplemental restrictions recorded m acco ce with a �nviereof, to more specifically define and describe design standards, guidelines and review procedures The design standards and guidelines may be modified or amended from time to time by the ARC Each Owner shall have IW 18_3 DOC UMFFZCZAL '�I � /� I� AA , 328837 Book 2383Page 1352 a right to receive a copy of the current guidelines upon request, subject to a reasonable charge for copying or pnntmg Section 5 Plan Appro ei��A10 Ar��mtion excavation, or changes in grade, nor any construction ecfiP 1 r a n or installation of any improvements or landscaping shall be undertakeQ �n-aj�w re�,tRr`nt���tiaany property in the Community unless plans and specification s owing the na%;'"„ shape height, materials, color scheme and location of the proposed improvements and/or landscaping shall have been submitted to and expressly approved in writing by the ARC By way of illustration and not of limitation, improvements requiring approval shall include any dwelling, outbuilding, paving, fence, wall, sign, antenna or satellite dish mailbox, fuel storage tank, exterior lighting exterior painting, ornamental or functional exteri'leatures (mcludm {lantern, statues, lawn ornaments, bud feeders and bird baths any of 3ftq the ARC), and any receptacle or enclosure for garbage, trash �oFrflr�StA� syubsegP ent alteration, modification or additional improvement or 1 "a tad 1cnPrn roval from the ARC Prior to occupancy of a structure in the Community, a I tion approval must be obtained from the ARC The ARC and its agents shall have the right to inspect all construction for compliance with approved plans and specifications, and ARC requirements Section 6 Architectural Review Process Prior to commencement of any work, the Owner shall submit or cause too, ubmided to the AR axp¢iplete application including at least two (2) complete sets of final pUke �j� t L gall proposed unprovements and landscaping The apphcatm ,§¢hT,a��� it jbdl cM7i�rete if the plans, specifications or other information required to be su�m'1Metl nCaZb�e n "GRAation or fad to present full and adequate details upon which —the ARC The ARC shall approve or disapprove the plans and specifications within ninety (90) days after receipt of a complete application The ARC shall retain one set of plans and specifications for its permanent files and return the other set to the Person submitting them, with the approval or disapproval endorsed thereon The ARC shall have the right to disapprove any plans, specifications or details submitted to it in the event the*I%Tte are not m a with any of the provisions of this Master Declaration, the reco�ded p�at�. of� er ,� 9p�rey any supplemental restrictions recorded in accordance with a ii� o rGY s or guidelines established by the ARC or if the design f,'ey or(CCr�I,o,5��emesff��Tthe proposed unprovements or landscaping are not in harmony with the general"siii�iQa figs of the subject property or with the standards of the Community If the ARC fads to approve or disapprove plans and specifications withm ninety (90) days after a complete application has been submitted and received, approval shall not be required and the requirements of this Article will be deemed to have been fully satisfied with respect to the Mans and specifications submitted, provided, however, that all improvements and landscaping @4ill subject to the,� visions of this Master Declaration the recorded plat of the subject props atrl sanctions recorded in accordance with the provisions hereof, an s I tablished by the ARC, mcluding without lunitahon budding s milt}tm�3iv�y mg size requirements and maximum built upon area (impervious coverage) restrictions Section 7 Review Fees, Construction Bonds and Frees The ARC shall have authority to charge a review fee and require a construction, bond or deposit, in amounts IM118_3m & CEXA QOb�ff61fe14=�. G"tt.t9 328837 Book 2383Page 1353 established by the ARC from tune to time, with each application submitted for review The ARC shall also have authority to un se fines for unapproved work or changes or other violations of this Master Declaration, the r dplat of the sub�l,e t 1 rty, any supplemental restrictions recorded m accordance with the pr inns suable s or guidelines established by the ARC, or any other reguirem�e, i by the ARC pursuant to Its authority hereunder Any fine charged gi o I tF�F RYnent attributable to such Owner's property with respect to which the fine is eharg��� Section S Disclaimer of ARC Liability The approvals required herein are separate from and in addition to all permits and approvals required by public authorities In no event shall any approval by the ARC, the Association or Declarant be construed as providing any assurance regarding quality, fitness or stri lity of design, maten� r nstruction or compliance thereof with any applicable permits, buildutgModes fla a �— ARC shall not be responsible m my way for any defects m pica Ions submitted, revised or approved m accordance with the provisiorie� 3t'�fd'r other defects ui any work done according to such plans and specifications fir till a RC nor any member thereof shall be liable to any person for any official act of the ARC, except to the extent the ARC or member thereof acted with malice or wrongful intent The Association shall indemnify the ARC and the members thereof in any action or proceeding against the ARC or any member thereof acting in such capacity, except to the extent that the ARC or the member shall be adjudged to have acted with malice or wrongful mtefihy1 rovided that a co i Inch such action or proceeding is brought may determine that in vie;Ar d�e�e ,7m1—h person is fairly and reasonably entitled to indemnification n n O fLI�S PJ inn e o-o Use Restrictions and Easements on Homesites Section 1 General In addition to the other provisions of this Master Declaration, all Homesites shall be subject to ific use restriction �1casements set forth in this Article Each Homesite shall also be su zkto ittoWiflirdter restrictions and easements applicable to the recorded plat ��t`tsite is shown as set forth on such plat or contained many amendment her r-iiftSmentrt#M'RIm—Wbn referring to such plat and this Master Declaration, made in accordance wittons hereof and recorded inthe lend records for Brunswick County Section 2 Land Use and Budding Type A Homesitc shall be used for residential purposes only, and no buildings shall be erected or allowed to remain on any Homesne except one detached single-family ddv ing and not more than outbuilding (a detached garage is considered to be an outbuilding o ses gtf�i� No dwelling shall be erected or allowed to remain on any Home (i� ction of such dwelling is substantially performed on the Homesite � , me mebAFJRffRk manufactured home or geodesic dome shall be erected or allowed to remainUWR tie No street shall be constricted or opened across or through any Homesite No Homesi Wo my structure located thereon shall be used for the manufacture or sale of any article, or for wnductmg any business, trade or profession that involves the coming and going of customers or suppliers to and from the 1661183DOC 20 Cgp[j 0[00�v UNOFFjL. L '4'�k,cr�ggx orrf - U 1 ��� UMW �C t 328837 Book 2383Page 1354 Homesie, provided, however, that a Homestte may be used for a temporary sales office and/or model with written approval of Declarant Section 3 Resubdrvrsi nil CQ��I'na�'ittPHomesite or Homesttes shall be resubdmded, combined or any CIr .aged without written approval of Declarant In the event that any such c�s - �th'Fz",'r�,,t,t'iC AY Hurricane or Homesrtes shall be shown on a recorded plat an the covenan V`""' , restrictions and easements set forth herein shall apply to each resulting Homesrte Section 4 Building Location and Setbacks The ARC shall have the authority to determine the specific location of any dwelling or other structure on any Homesrte provided that no dwelling, detached garage Cher outbuilding sh t ted or allowed to remain on any Homesne nearer to any property th e55try�i t i F:tbacks shown or described on the recorded plat showing such Ho��{{esr�eubhet ck is waived or modified m wrung by the ARC and allowed by appl�'Qd�bl� g�urrettleWff Section 5 Minimum Dwelling Sue an Mammum Binh Upon Area Construction on any Homesite shall be subject to minimum dwelling size and maximum built upon area (impervious coverage) restrictions as set forth on the recorded plat showing the lot and/or in an amendment hereto or supplemental declaration referring to such plat and this Master Declaration, made in accordakeiwrth the provisions he fhand recorded in the land records for Brunswick County Section 6 Comple,tsq �I`ttO st� m `yflandmamisespmg Once construction of a dwelling has commenced, it must be c iri�"I l6� dy for occupancy within twelve (12) months No dwelling shall be occupied until it has beeY?substanhally completed in accordance with the approved plans as evidenced by a final inspection approval issued by the ARC All landscaping must be finished upon completion of the dwelling, weather permithng, and in any event within sixty (60) days after the dwelling is occupied Any subsequent alteration, modification or additional t in ' amu i en[ or landscapibe completed within a reasonable time as determined by the ARC wri s wrier and for good cause shown, the ARC may extend the time fot i Zction or landscaping y� aemavt>�ea Section 7 Fences,yalls, Pla� ment and Signs No chain Ink fences shall be approved No dog pen or kennel shall be erec r allowed to remain on any Homesrte All playground equipment on any Homesrte must be approved by the ARC and must be located behind the rear line of the dwelling No billboards posters or signs of any kind shall be erected or allowed to remain on any Homestte, except (i) a name and address sign, and (u) a temporary sign reflecting construction ofdwelling on such Home sitq-by a licensed contractor, the design of such permitted signs must be appitv��ed byl[t�-f�IC�o !l�V-- Section 8 No TemQ`�4n, ctures eirXiethudines No structure of a temporary character shall be erected, pla& or allo on any Homesie, nor shall any budding materials be stored on any Homes- e No tent, c(mr "Warage or other outbuilding shall be used w a temporary or permanent residence No outdoor clothes poles, clotheslines or similar structures shall be placed or allowed to remain on any Homestte ifib119_30M X� VPgC94 0 MOM= m 0111"in tl"40 328837 Book 2383Page 1355 Section 9 Boats, Traders and Certain Vehicles No boat, watercraft, trailer, bus, camper, motor home, recreational vehicle, commercial vehicle, or inoperative or unlicensed vehicle shall be parked for Iditg than twenty four ( 4 urs on any Homesite, except in a garage with the garage door fully lilp,�ed �`p truck or sport utility vehicle maintained for personal use sF �n,FiI commercial vehicle for purposes of this restriction) Violators may WJ4ei a 6AGJ&FA4rmler or vehicle towed by the Association at the owner's expense No boat, w�tmktrailer or vehicle of any type shall be stored, either permanently or temporarily, on any Homesue prior to completion and occupancy of the dwelling on such Homesite Section 10 Animals, Nuisances Dogs, cats and other household pets shall be permitted, provided that theyrO no[ kept or mamtainec commeroial purposes and further provided that they are kept and ma KR5� o} �II applicable laws end ordinances and any rules or regulations adop11 Ibddih[ion relating thereto Otherwise, no animals, livestock or fowl of any ki H�16'i'emain on any Homesite for any d purpose No noxious offensive or illegal ac i al�j be conducted upon any Homesite nor shall anything be done on any Homesite that is a nuisance or an annoyance to the community Section 11 Wells and Irrigation Systems No well shall be drilled, installed or allowed to remain on any Homesite for drinking water or other household or potable water supply purposes A well mapbs installed on a Home tg q>( irrigation purposes only, provided that the location and screening y u ipment or improvements must be approved by the ARC Further it s�ha I be designed or imga[ion water shall be filtered as necessary to avoid " �Q silde—wilks, curbs and paving Section 12 Ponds The use of ponds locate i"27 the Community is subject to rules and regulations of the Association, which may include prohibition of use To the extent that all or any portion of a pond is located within or abutting a Homesitc, the Owner of such Homesite shall be responsible for maintaining the edge and bank of the pond and for controlling erosion due to stormwater or other runoff fro`riybgrthin such Homesue n Section 13 Wetlands t.T1etY> s may be present on portions of certain Homesites Draining, fillingj� graditng,��cavatmpardMather land disturbing activities in jurisdictional wetlands are regulated and ah,!t by federal and state law No such activities shall be undertaken on any Homesite without p or written consent from Declarant, and until the U S Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality, have been notified and all required approvals have been obtained C Section 14 Property s Easeme°^�, t hereby reserves easements for installation and maintenance of M'td utilities on all Homesntes along all property I, measured ten t, a Honseswfr=each property line Declarant may install drainage facilities as it -determines r" but shall have no obligation to install any drainage facilities unless required by applicable pe 'i mests Uses of such easements for utilities may include but shall not be limited to electric cable television telecommunications, water IM118_3DOC x& rn) Ieee 1 Ggp& M '" G�jmi �t 4 328837 Book 2383Page 1356 supply, sewer and irrigation All such easements are nonexclusive and shall be assignable, in whole or in part, to the Association to public utilities, and to other providers of utility services ��bifCoance ofd3talf. Section I General Maintenance Reguire`afEots Each Owner of property in the Community, to the extent not provided by a Sub -Association of which the Owner is a member, shall be responsible for repairs, maintenance and upkeep of such Owner's property, whether improved or unimproved, including but not limited to all buildings, patios, decks, driveways, fences and landscaping Rep maintenance and uphall be performed in a timely, reasonable and prudent manner in dato�PP=nious and aesthetically pleasing appearance and to protect and pperty in the Community The standard for maintenance shall be a co�mgt �d&UMred by the Association Should an Owner or Sub -Association faWo perform �nuncc or upkeep responsibilities, the Association shall provide such Owner or Sub-Associaa ti written notice of the deficiency If such failure has not been remedied within a reasonable time (as determined by the Executive Board), the Association shall have the right to cause repairs, maintenance and upkeep to be performed and to charge the cost thereof as an Assessment attributable to such property Section 2 Mowing Associa]tsh a program for periodic mowing of unimproved or vacant property�ip the) 'Wit the Executive Board may determine whether the expenses for sub �wui ball heyeeneratxCommon Expenses or separately charged to the Owners of properties III expenses are separately charged then any such charge for a particular property shI an Assessment attributable to such property Section 3 Repair After Casualty Any property or improvement damaged in whole or in pan by fire, windstorm ottany other cause must be protp!ptly restored or all debris removed and the property restored to a si condnio as , 6tion or removal of debris shall be completed within three (3) months f ccasualty unless the Association grants a written extension If an sociationi4misawcomply with this requirement, the Association shall have then t to cau on or removal to be performed and to charge the cost thereof as an Assessment attributable to h property Section 4 Removal of Nonconforming Improvements The Association, after reasonable notice to the Owner, may remove any improvements or landscaping constructed, altered maintained, or oth ise existing in violation f the provisions of this Master Declaration, the recorded plat o subjectt}Glemental restrictions recorded in accordance with the provisions here T guidelines established by the ARC, or any other requirement adopted) b the pu}ggpnt to its authority hereunder, and the Owner thereof shall for re �sociation for all expenses incurred m connection therewith, which expenses shall con i 'fan Assessment attributable to such Pmperty 1�m93ocC 23 ggXb [j d0A`iIDffffuu,➢4N. �Q� ""M 44Z V SCZAI `� 4604t 8 328837 Book 2383Page 1357 Article X RI is and Reservations f eElaraot a 7yf(o�� Section 1 Reservatjgn,,p. arant shall have and hereby retains and reserves certain rights, reser{�at oNiand2 men4iqs forth in this Master Declaration, including but not limited to th se set forth i qq Declarant's rights reservations and easements as set forth in this Master Declaration shall be deemed excepted and reserved in each deed or other instrument by which any property within the Community is conveyed by Declarant to any Person, whether or not specifically stated therein Declarant's nghts, reservations and easements as set forth in this Master Declaration shall be prior and supenor to any other provisions of this Master Decln may be assigne a le or m part by Declarant, and may not, without Declarant's poor wriftttcon��ended, rescinded or affected by any amendment to this Master DTI P,'t� UNOFFIrilu Section 2 Declare s Rights'Twie tgon inElements Declarant shall have and hereby retains and reserves the right to use the Common lements (including Limited Common Elements) and any services offered by the Association in connection with the development, construction, promotion, marketing sale and leasing of properties in the Community and the Expansion Area Without limning the generality of the foregoing, Declarant may (a) use the Common Elements for mgres46 ss and regress for hie s and equipment for development, construction and promotional pu (b � 6 be installed irrigation drainage facilities, utilities streets, paths, vva �- &16n facilities and/or parking areas within the Common Elements (c) erect � amtaiiMlps terhp6 F6&(ldmgs and other structures on the Common Elements, (d) use a portion of any other structure constituting Common Elements for office space for administrative, development, construction, sales and/or leasing purposes, (a) allow prospective purchasers of properties who are not Owners to enter and use the Common Elements at reasonable times and in reasonable numbers, and (t) refer to the Common Elements the Association and services offered by the Association in connection with the development, construction, promotion, marketing, sa >}pfifilewing of properties within such boundaries ���8���� �%��I ��JJII�y Section 3 Declara�-'��Lg'hfs pll`�pment Declarant shall have and hereby retains and reserves the right, wire gffif py�of the Association or the ARC, to (a) complete the development, construction, promotion, marketing, sale and leasing of property in the Community and the Expansion Area, (b) excavate, cut, fill and/or grade any property owned by Declarant or the Association, (b) construct, alter, remodel, demolish and/or replace any improvements on any property owned by Declarant, (c) maintain model homes and/or offices for administrative, de�%�lo ment, constructio s and/or leasing purposes on any property owned by Declarant or by t$'p�As �Qstiuet, install and maintain signs incidental to any of the foregoi y� �d the Expansion Area l���UPPPJ+� �: / NIA`i®ffffIIu^1IA6 Sect, 4 Easemen for Recreatt mmercial Facilities Declarant shall have and hereby retains and reserves a perpetual, nonexc naive nght of way and easement for mgresa, cbresa and regress, and for utilities and drainage facilities, over and across all streets and drainage easements shown on any map plat or survey of any portion of the Community recorded Ib6118_3na. �^ 24 Og&& M 328837 Book 2383Page 1358 in the land records of Brunswick County, whether such streets and drainage easements are designated as Common Elements, Limited Common Elements or otherwise, for construction, operation maintenance, repat� a uildmg and use of t nal and commercial buildings and facilities a not Common ,ydt bb"o� mated to clubhouses golf facilities swimmingIs, tennis courts �.IITT `�+qqs JJp restaurants, lodging establishments retail establishments and offices w r.l;t- , in'&VM&tWte Community Nothing herem shall be wnstrued as a requirement or repre�'t Declarant or any other Person will construct any recreational or commereis buildings or facilities Section 5 Easement for Use of Outside Property Declarant shall have and hereby retains and reserves a perpetual, nonexclusive tight of way and easement for ingress, egress and regress and for utilities andAldramage facilities, over (andacross all streets and drainage easements shown on any map pla''t�R urve S$i the Community recorded m the land records of Brunswick Coun[y,�v triAd is end drainage easements are designated as Common Elements, Lmu 4Jt�' I( n�mot Pj� ent4°V7'IS�fFT2F^t�ise for development and use of property vnthm the Expansion Area, or any pIwl 0� other titan as part of the Community Article XI Annexation and Amendments 4*0 Section I AnnexahonMec"M �tlerves the right, but shall not be obligated, to expand the Comma i. t ineee by annexation m include additional property vnthin the ExpansiQQni 1at4"s T?TTTW be accomplished by recording amendments hereto or a supplementafgt�ng to this Master Declaration in the land records for Brunswick County, North Carolina on or �cfore December 31 2030, describing the real property to be annexed in each instance and subjecting it to the provisions of this Master Declaration Such amendments or supplemental declarations shall not require the consent of any Owners or the Association Any such annexation shall be effective upon the filing for record of such amendment or supplemedindAwlaration Upon th tion of any such amendment or supplemental declaration the de in its a � ii$ �, �r Declaration shall be expanded automatically to encompass and uni as expanded Any such amendment or supplemental declaration may.le qp odifyrm Rim of this Master Declaration as n applies to the property being annexed "°� ° 111/91IT ,. Section 2 Annexation by Owners The Owners shall have the right to annex any property into the Community at any time with the consent of the owner(s) of such property by the affirmative vote or written agreement of Owners of properly to which at least sixty seven percent (67%) of the votes ofIl the Owners are alloca d. rovided that any such annexation prior to December 31, 2030 shall a the co a �\ eclarant Such annexation may be accomplished by recording an nV e land records for Brunswick County North Carolina describing the;�� be adt kEd-u@Wsubjecting it to the provisions of this Master Declaration Section 3 Amendments by Deelarant Declarant may undatemlly amend this Master Declaration, so long as the amendment has no material adverse effect on the substantive issue 3DOC 4 y 25 Cg DOMffi111Cm �Q"a;yS Tlr §�K`�t1�328837 Book 2383Page 1359 rights of any other Owner No amendment required by any governmental authority or to correct typographical or drafting errors or inconsistencies shall be deemed material Declarant during the Period of Declarant Con and thereafter the Exe a Board may amend this Master Declaration, without the consent ofg�ity O I� qualify the Association for tax- exempt status under any apphcableit buy s �� ,,,, I� easasaYZC= Section 4 Amend alvby a as otherwise provided in this Article, this Master Declaration may be amended only by Men rmative vote or written agreement of Owners of property to which at least sixty seven percent (67a/u) of the votes of all the Owners are allocated, provided that any such amendment must be recorded in the land records for Brunswick County, North Carolina, in order to be effective and any amendment prior to December 31, 2030 shall require the written consent of Declarant. If an Own r consents to any amendment to this Master Declaration, rt will be con vely aclh Owner has the authority to give such convent and no contrary prov 9q � ar ' �ge or contract between the Owner and a third party will affect the valichii endni t ORWrthendment may remove, revoke or modify any right or pnvdeg oJj Decl t 4�� of such right or privilege No amendment may impair the validity or pnonty of the Ii bfany Mortgage held by a Mortgagee, or impair the rights granted to Mortgagees herein, without the prior written consent of such Mortgagee(s) Section 5 Ezecu and Recordahoo of aezations and Amendments Declarant may recortl any anne on, am ro �pplemental declamUon made by Declarant in accordance with the prgvl y e Any other annexation or amendment to this Master Declaration s660 l& provabdWithmOwners (to the extent that such approval is required), be delw6 to thei�@e"utt�2j,�gprd and the Executive Board shall, within thirty (30) days after receipt thereof (a) reasonably aas itself that the amendment has been duly approved by the Owners (to the extent required) as provided herein (b) attach to the amendment a certification as to its validity, which certification shall be executed and acknowledged by an officer of the Association, and (c) cause the amendment to be recorded in the land records for BrunswickQunty, North Carolina. — n Section 6 Effect and V ��f.1&ibadl6enIs In order to be effective, any amendment to this Master D eelli l be reQarded=ix the land records for Brunswick County, North Carolina. An amendment l;�l to ve from the date of recordation, unless otherwise specified therein When any mstnanent purp�g to emend this Master Declaration has been executed by Declarant or certified by the Executive Board, as applicable, and recorded as provided in this Article it shall be conclusively presumed that such instrument constitutes a valid amendment � n 9�Prov+ Section 1 Declarant Disclaimer of Liat�' Declarant shall not be liable to any Owner or other Person for any claim damage expense or liability suffered mcumed or threatened and many manner arising out of resulting from any reviews, inspections, consents or i65119_3 Doc 9®_ 26 Lr-U U- (� I � � Wb`JDff�iSUdll. o� >�aoa/�,��� It15 V328837 Book 2383Page 1360 approvals required by or contemplated under this Master Declaration, whether such reviews, inspections, consents or approvals are given, granted, denied or withheld Declarant shall not be liable to any Owner or other PbW for any claim, dams pense or liability suffered incurred or threatened and in any manner a g out ¢ps�I��any service provided or measure taken by Declarant, the Assocrati4nJiJ bCr r e failure to provide any service or take any measure, or for the meff66 en serviZ'1°s)YrWWdd or measure taken Each Owner and every other Person en[en g or using >'U( the Community, including Common Elements, assumes all risks of injury and damage re�g from natural causes and/or from any act or omission of any other Person Section 2 Transfers of Declarant's Rights Declarant shall have the right to assign and transfer, in whole or u4,gg��art, any or all of its ts, reservations, easements and/or obligations hereunder to one or m8 ther P e or from time to time, pursuant to a written instrument executed tr' Cal ided in the land records for Brunswick County North Carolina mOOMWtaa aft Section 3 Application of Res tionns %-Vlovenants, conditions and restrictions set forth in this Master Declaration shall apply only to the Commumty and not to any other property now or hereafter owned by Declarant, unless such other property is subjected to the provisions of this Master Declaration pursuant to an amendment hereto or supplemental declaration executed by Decl t and recorded in the lancimords for Brunswick County, North Carolina al Section Waive rid bhs t tip �Jg s Where approval authority is specifically granted to the ARC4 �th� �n�y���aive a violation of a covenant, condition or restriction by appropriate instrument m writing "IieG7amnt may waive any violation of the covenants, conditions and restrictions set forth herein or release any of the easements reserved herein, by appropriate instrument in writing Section 5 Enforcement Except to the extent thata waiver has been duly granted as provided herein, Declarant, di;% iatwn end 11 have the right to enforce all of the provisions of this Master Decla�ion (4�s of Incorporation, Bylaws rules and regulations of the Associatior}- t�ati rson ppggnviolatmg or attempting to violate the same, to restrain the violet ' or tt ages Failure to take enforcement action shall in no event be deemed a waiver of the 4 ' so thereafter Except as otherwise provided by law, in an action by Declarant or the Association to enforce any such provisions, a court may award reasonable attorneys fees to the prevailing party Section 6 Notices., Any notice required to be sent to an Owner under the provisions of this Master Declaration shall`4eemed to have hen either (a) hand -delivered to the Owner, (b) sent prepaid by Unitejee � i— mai ing address of the Owner appearing on the Association s membersh ((� 4r }6� oth re i),ult address designated m writing by the Owner, or (c) when sent Ali bl:ctronO, . clurauiugg by emml over the Internet, to an electronic mailing address designated m writing by er Nonce [o one of two or more co - owners shall constitute notice to all co owners It shall he the obligation of every Owner to immediately notify the Secretary of the Association in writing of any change of address Ib61i8_3 nOC -�'y� 27 /,a l�/0\� ���1`�I J6`�ff�l ll vffl"�L.VL & �0V�3 `� ggZ M �A 6"% f' 8837 Book 2383Page 1361 Section 7 Rights of Lenders and Insurers of First Mortgages `Institutional Lender,' as the term is used herein, shall mean and refer to banks, mortgage companies other foms or entities customarily ffffQ,>;ding loans secured b �igs�lien% on real property, and eligible insurers and governmental guaran tk So� Conal Lender shall hold a first hen upon any property within the C 1 � an Owner such Institutional Lender shall have the right to inspect the bq# &d-reTr,�s of tfiu�i'§ &RIdion during normal business hours and to be furnished with at least one (1) cop t$ I financial statement and report of the Association and, upon written request specifying an address for notice, the right to be given written notice by the Association of (a) any meeting of the Owners to be held for the purpose of considering any proposed amendment to the Articles of Incorporation, this Master Declaration or the Bylaws, (b) any condemnation loss or casualty loss which affects a material portion of the Common Elements (c) any Ap''ste cancellation or mat odificanon of any insurance policy or fidelity bond maintained by t;tPi' a p esed conveyance hypothecation or other encumbrance of the Cora Association pursuant to specific rights vested m the Association under Article IV ' ( f%deffi �ii"e'i°FJ% the payment of any Assessment by any Owner of property encumbered by einoriga"eld by the Institutional Lender The Association shall keep a separate register of all Institutional Lenders that have made written request pursuant to this Section Section 8 Termination The covenants, conditions and restrictions act forth herein, as the same may be amendedcikaccordance with the ns hereof, shall rim with the land that is subject hereto, including Ue,*=^munmty pursuant to the provisions hereof, and shall be bindinon and and all Persons claiminunder them This Master Declaration may �� b ripatrve vote or vvnnen agreement of Owners of property m the Community to Ihi� ighty percent (80%) of the votes of all the Owners are allocated, provided that m order to be eWectrve any such termination must be evidenced by a written instrument recorded in the land records for Brunswick County, North Carolina, and any such termination prior to December 31, 2030 shall require the written consent of Declarant The easements reserved herein shall run with the land subject thereto, including land annexed into the CommiA ursuantttt{o the prow ,hereof and shall be binding on all owners of such land and all Perso,�a'3@� 3k'e"}tt to the extent that the Person or Persons having rights to an such rights pursuant to an instrument recorded in the land records fob rb(c 'a,' Ira Section 9 Severability Should any covet, condition restriction or easement herein contained be declared to be void, invalid, illegal or unenforceable, for any reason, by the adjudication of any court or other tribunal having .jurisdiction over the parties hereto and the subject matter hereof, such ,judgment shall to no way affect the other provisions hereof, which are hereby declared to be seveittbl and which shall��r((e'�' i TI force and effect Section 10 ConiliMin rP� s�lUtt`event of a conflict between any provision of this Master Declaration and, , of �g Inco*-fffi"o'i�tlie Articles of Incorporation shall control In the event of a conitct between ( �n of this Master Declaration and the Bylaws, this Master Declaration shall control m il"DOC ��� �rts"tt co 328837 Book 2383Page 1362 IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above w tten lJuvO�9 Mark Saint rs Presi NORTH CAROLINA — MbN"jff,'K COUNTY personally came b me the Inc., a corporation, and that he behalf of the corporation Fy that MARK A SAUNDERS President of Ocean Isle Palms, to so, executed the foregoing on Witness my hand and official seal, this the 12d day of 2001, ,2 OTARY "CE�'%'ff��-Sin / 7 N , Notary Public 2 c Pr� d name/ My commission expires OOF79ffffJttCPGN. V f " C�IGy��Q iesiis_aooC ���G3�c�ffvmzrttn 2 Inst ® 328837 Book 2383Page 1363 Exhibit "A" to Master Dec &URn of Protective is and Easements �r Q�fPK4 s� U g 0 ff �aor�ffo-�aa Property Ct�rre�itfivn[2,Qommunnv Being all of the numbered lots and Common Elements, including private streets, shown on that plat of Ocean Isle Palms, Phase 1-A recorded in Map Cabinet 35 at Pa �5/ ' e'�,¢ t�inswmk County Registry v �9nMOG3(�� co �ff uvQn ¢ `aDJg6ffffBSIIe71L ` � V� ggx U%oW ga0ai�